ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 11, 2008
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 10 - 59)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 60)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 61-64)
6. REGULAR
AGENDA (Pages 65 - 72)
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 73)
8. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD (Page 74)
9. BOARD
APPOINTMENTS (Pages 75 - 78)
10. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 79)
11. STAFF
COMMENTS (Page 80)
12. COMMISSIONER
COMMENTS (Page 81)
13. ADJOURNMENT (Page 81)
* * * * * * * * * * *
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Street
lighting program with various neighborhoods
3A-2 Interlocal Agreement with Village of Palm
Springs regarding sewer improvements within the Lakewood Gardens Subdivision
Page 11
3A-3 Contract
with L&M J Consulting, Inc. regarding general administration in the Glades
area
3A-4 Six
month extension of a subgrant Agreement with the FL Division of Emergency
Management
3A-5 Deleted
Page 12
3A-6 Resolution
amending the Overall Economic Development Program Committee
3A-7 A
Film & TV Tech Prep Grant with The Palm Beach County Film & Television
Commission
B. CLERK & COMPTROLLER
Page 13
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments for various
departments
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Four
Resolutions for the acquisition of property needed for the construction of W.
Atlantic Ave
3C-2 Establishment
of impact fee credit for traffic signal at Congress Ave. and Water Tower Rd
Page 14
3C-3 Contract
with Worth Contracting, Inc. for S.E. 15th Avenue Bascule bridge
maintenance/repair
3C-4 Contract with Lanzo Lining Services, Inc. for
Lakes of Lantana and Cabana Colony culvert improvements
3C-5 Amendment No. 1 with Toll Brothers, Inc.
regarding construction of Lyons Road
3C-6 Acceptance of Frontier Avenue for interim
courtesy maintenance
Page 15
3C-7 Public Facilities Agreement with Toll FL VIII
Limited Partnership regarding Hypoluxo Road drainage issues
3C-8 Nine Amendment and Renewal of appraiser
agreements
3C-9 Amendment No. 2 with FDOT regarding
SR-704/Okeechobee Blvd. improvements
Page 16
3C-10 Amendment No. 4 with FDOT regarding Okeechobee
Blvd. widening/resurfacing project
3C-11 Deleted
3C-12 Third Amendment with Northtree Community
Association regarding Hagen Ranch Road improvements
3C-13 Deleted
3C-14 Report of plat recordations
Page 17
3C-15 Budget Transfer/Amendment regarding loop
maintenance continuation
3C-16 Agreement with Arcadis for professional
services relative to intersection improvement projects
3C-17 Renewal of civil engineering annual agreements
3C-18 Interlocal Agreement with Westgate/Belvedere
Homes CRA for infrastructure improvements
Page 18
3C-19 Renewal of Municipal Service Taxing Unit
Districts “A” through “E” with Civil Design, Inc.
3C-20 Third Amendment with Village of North Palm Beach
for Prosperity Farms Rd improvements
3C-21 Deleted
3C-22 Second Amendment with Temple Shaarei Shalom,
Inc. for Hagen Ranch Rd drainage project
3C-23 Supplement No. 2 with Keshavarz &
Associates for Cinquez Park East area improvements
3C-24 Renewal of street lighting annual agreements
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
C. ENGINEERING & PUBLIC WORKS
(Cont’d)
Page 19
3C-25 Amendment No. 1 with FDOT for design and
construction of small traffic related projects
3C-26 Deleted
3C-27 Agreement with Brown & Phillips, Inc. for
surveying and mapping services
3C-28 Agreement with Village of Palm Springs for
utility construction incorporation into Clinton Blvd. and Cambridge Street
improvements
3C-29 Agreement with R.J. Behar & Company for
professional services related to Forest Hill Blvd. & Congress Ave.
intersection improvements
3C-30 Supplemental Agreement No. 3 with Arcadis for
professional services related to a State Environmental Impact Report for Forest
Hill Blvd./Congress Ave. intersection improvements
Page 20
3C-31 Resolution
vacating a 12-foot utility easement within Fountains South PUD
3C-32 Blanket approval for appraisal, acquisition,
rights-of-way and easements regarding FY 2008 projects in Five-Year Road
Program
D. COUNTY ATTORNEY
Page 20
3D-1 Amendment
No. 11 with Denise M. Nieman, County Attorney for attorney services
3D-2 Mortgage Subordination Agreement with Federal
Home Loan Mortgage Corp. for Azalea Place Apartments, Limited
Page 21
3D-3 Official transcript for Florida Public
Improvement Revenue Bond Anticipation Note (criminal justice and public
improvement facilities)
3D-4 Official transcript for Florida Public
Improvement Revenue Bonds (judicial ctr. parking garage)
3D-5 Official transcript for Florida Variable Rate
Airport Revenue Bonds (Galaxy Aviation)
3D-6 Official transcript for Florida Public
Improvement Revenue Note (environmentally sensitive land acquisition)
Page 22
3D-7 Official transcript for Florida Public
Improvement Revenue Bonds (Biomedical Research Park)
3D-8 Amendment with Broad and Cassel for airport
related bankruptcy legal services
E. COMMUNITY SERVICES
Page 22
3E-1 Amendment
No. 1 with Farmworker’s Coordinating Council regarding FAA program
Page 23
3E-2 Agreement
with Easter Seals Florida regarding Head Start services
3E-3 Travel
reimbursement for Tequisha Myles to attend Head Start board training
3E-4 Amendment
No. 1 with Coalition for Independent Living Options regarding ALERT Program
3E-5 Contract with Executive Service Corps of
Southeast Florida, Inc. for training, education and technical assistance
regarding FAA program
3E-6 Amendment
No. 1 with Area Agency on Aging for Community Care for the Elderly Program
Page 24
3E-7 Amendment
No. 2 with Area Agency on Aging for Nutrition Services Incentive Program
3E-8 Amendment
No. 1 with School Board regarding comprehensive Head Start services
3E-9 Amendment No. 2 with Area Agency on Aging
for Emergency Home Energy Assistance Program
3E-10 Contract with Area Agency on Aging for Older Americans Act program
Page 25
3E-11 Amendment No. 1 with The Center for Family Services for emergency
shelter services
3E-12 Amendment No. 5 with Comprehensive AIDS Program to correct contract
amount
3E-13 Minority AIDS Initiative continuation grant application with Dept. Health
& Human Services
F. AIRPORTS
Page 25
3F-1 Replacement
page to FDOT JPA regarding Sunpass at PBIA
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 26
3F-2 Sale
common stock shares arising from Delta Air Lines, Inc. bankruptcy distributions
3F-3 Supplemental
Joint Participation Agreement with FDOT for taxiway exits at PBIA
3F-4 Supplemental
Joint Participation Agreement with FDOT to rehab and expand apron at PBIA
Page 27
3F-5 Supplemental
Joint Participation Agreement with FDOT for taxiway pavement rehabilitation at
PBIA
3F-6 Amendment No. 8 with CH2M Hill, Inc. for
professional planning and design services related to Airports Capital
Improvement Program
Page 28
3F-7 Receive and file eleven (11) standard
agreements for the Dept. of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 29
3G-1 Loop Capital Markets as Senior Manager and
Wachovia Securities and Raymond James as Co-Managers for $42M Public
Improvement Revenue Bonds (Convention Center garage)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 29
3H-1 Amendment
No. 3 with Knight Electric Company, Inc. for annual electrical contract
3H-2 Amendment
No. 3 with B.K. Electric, Inc. for annual electrical contract
Page 30
3H-3 Amendment
No. 3 with C.R. Dunn, Inc. for annual electrical contract
3H-4 Amendment
No. 2 with Farmer & Irwin Corp. for annual HVAC contract
3H-5 Amendment
No. 2 with E.C. Stokes Mechanical Contractor, Inc. for annual HVAC contract
Page 31
3H-6 Amendment
No. 2 with York International/A Johnson Controls for annual HVAC contract
3H-7 Amendment
No. 2 with Kerney & Associates, Inc. for annual HVAC contract
3H-8 Third Amendment with Village of Wellington
regarding fuel control reader
Page 32
3H-9 Lease Agreement with Town of Mangonia Park
for PBSO substation
3H-10 JOC Work Order No. 08-054 with Holt
Contractors, Inc. regarding Mecca Farms property
3H-11 Contract with Carrick Contracting Corporation
for performing arts pavilion at Carlin Park
Page 33
3H-12 CSA No. 1 with MPA Architects, Inc. for State
Attorney/Public Defender building hurricane hardening project
3H-13 First Amendment with Village of Palm Springs for radio maintenance
services
3H-14 Corrective Sewer Easement Deed in favor of
Loxahatchee River Environmental Control District relative to Fire Station No.
18
3H-15 Corrective Utility Easement in favor of Town of
Jupiter relative to Fire Station No. 18
Page 34
3H-16 Declaration of Easement in connection with WTP No. 8
3H-17 Utility Easement Agreement in favor of Florida
Public Utilities Company relative to PBSO Park Vista substation
3H-18 Plat for South County Regional Park – Parcel A
3H-19 Declaration of Easement in favor of WUD for
water service to Hagen Ranch Road Library
Page 35
3H-20 Declaration of Restrictive Covenant in favor of
Florida Communities Trust
3H-21 Utility Easement Agreement with FPL for utility service at
Greenacres Freedom Park
3H-22 First Amendment with Magno C. Braga and Marcia S. Braga for 0.25
acre parcel
Page 36
3H-23 Contract with Saltz Michelson Architects for
architectural and engineering services for Four Points renovations
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 36
3I-1 Amendment
No. 001 with Federation of Families to change units of reimbursement
3I-2 Amendment No. 001 with The Haven, Inc. for
transitional housing and support services to abused boys
Page 37
3I-3 Reimbursement to Village of Royal Palm
Beach for ADA improvements at Preservation Park
3I-4 Amendment No. 001 with City of Delray
Beach regarding Carver Estates
3I-5 Amendment No. 001 with City of Delray
Beach regarding Neighborhood Resource Center
Page 38
3I-6 Five (5) affordable housing projects
3I-7 Subordination
Agreement with Florida Housing Finance Corporation and RSG Boynton Apartment
LTD regarding Green Cay Village Apartments project
Page 39
3I-8 Repayment to the State of Florida
Hurricane Housing Recovery Program
3I-9 Agreement
with the McCurdy Senior Housing Corporation regarding assisted living facility
in Belle Glade
J. PLANNING, ZONING & BUILDING
Page 39
3J-1 Voluntary
annexation of a County-owned parcel into the City of West Palm Beach
Page 40
3J-2 Participating Resolution allowing the City
of South Bay to participate in negotiation process for an Interlocal Service
Boundary Agreement between County and City of Belle Glade
3J-3 Responding Resolution to commence
negotiation process for an Interlocal Service Boundary Agreement between County
and City of Greenacres
K. WATER UTILITIES
Page 41
3K-1 First Amendment to Purchase and Sale
Agreement with Village of Royal Palm Beach regarding Village utility system
3K-2 Wastewater
Development Agreement with Sunsport Gardens, Inc.
3K-3 Potable
Water and Wastewater Development Agreement with Aspen Square, LLC
Page 42
3K-4 Change
Order No. 6 w/Poole and Kent Company, Inc. for Lake Region Water Treatment
Plant
3K-5 Change Order No. 1 w/Southeast Drilling
Services, Inc. for systemwide wellfield improvement project
Page 43
3K-6 One
(1) standard development agreement and two (2) standard renewal agreements
3K-7 Four
unilateral termination/partial release of standard potable water/wastewater
agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 44
3L-1 Resolution
to disburse $150,000 for the restoration of freshwater habitats on public lands
3L-2 Five
(5) contracts with Dept. of Agriculture for qualified land management
activities
3L-3 Budget
Amendment for invasive plant removal
Page 45
3L-4 Contract
with Harbor Branch Oceanographic Institute to conduct oyster monitoring
3L-5 Interlocal
Agreement with Town of Jupiter for management of Jupiter Ridge Natural Area
Page 46
3L-6 Agreement
with SFWMD for Sandhill Crane East – Loxahatchee Slough restoration
3L-7 Budget
Transfer environmental restoration activities
Page 47
3L-8 Contract
with SFWMD for Limestone Creek Phase III Restoration project
3L-9 Budget
Transfer for construction of trailhead on Lake Okeechobee Scenic Trail
3L-10 Interlocal Agreement with City of Boca Raton for management of
Pondhawk Natural Area
Page 48
3L-11 Interlocal Agreement with Jupiter Inlet District for sea turtle and
environmental monitoring
3L-12 Contract with Taylor Engineering, Inc. coastal and marine
engineering services
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 49
3M-1 Community
Development Block Grant application for Westgate Park splash playground
3M-2 Agreement with Chamber of Commerce of the
Palm Beaches for Kids K and Kids Marathon events
3M-3 Agreement
with Delray Beach Arts, Inc. for 2008 Delray Beach Garlic Fest
3M-4 Agreement
with Boca Raton Philharmonic Symphonia for American Music Celebration concert
Page 50
3M-5 First Amendment with Expanding and Preserving
Our Cultural Heritage for Spady Living Heritage Day stage
3M-6 Agreement
with City of Delray Beach for Delray Rocks Youth Organization’s trip
3M-7 First
Amendment with Redemptive Life Fellowship for black history tours
3M-8 First
Amendment with City of Pahokee for 4th of July fireworks
Page 51
3M-9 First
Amendment with South Florida Science Museum for 2007 Summer Camp Program
3M-10 School Board RAP for Atlantic High girl’s basketball program
3M-11 Florida Boating Improvement Program Agreement with Town of Jupiter
for Sawfish Bay Park
3M-12 School Board RAP for Dreyfoos School of the Arts
Artist-in-Residence/Arts Primer programs
3M-13 School Board RAP for Poinciana Elementary for American Sign Language
program
Page 52
3M-14 School Board RAP for Gold Coast School of Choice Intergenerational
Bonding Program
3M-15 Division of Historical Resources Grant application for DuBois
Pioneer Home renovation
3M-16 Budget Transfer for Lake Ida Park boat ramp improvements
3M-17 Agreement with Palm Beach County MTA, Inc. for
2007 Music Teachers Association’s conference
Page 53
3M-18 Independent contractor agreements
3M-19 Resolution delegating authority to sign standard sponsorship
agreements
N. LIBRARY
Page 54
3N-1 Grant Agreement for 2008 State Aid to
Libraries with Division of Library and Information Services
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 54
3Q-1 Agreement
with Public Defender’s Office for pilot project in the Ex-Offender Reentry
Program
3Q-2 Interlocal
Agreement with Palm Beach Community College for job training and job coaching
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 55
3U-1 Eighth
Amendment with CGI-AMS for software maintenance of the AMS Advantage program
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
MARCH 11, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
X. PUBLIC SAFETY
Page 55
3X-1 Hazardous Materials Contingency Planning and
Grant Agreement with Division of Emergency Management
3X-2 Agreement
with Byron V. Reid for on-call veterinary services
3X-3 Resolution
regarding hobby breeder permit/fees
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 56
3Z-1 Contract
with Concept EFL Imaging Center for radiology services
3Z-2 Excess
Automobile Liability Insurance Policy for Palm Tran’s bus fleet
3Z-3 Excess
Property & Liability Insurance Program for County property
AA. PALM TRAN - None
BB. SHERIFF
Page 57
3BB-1 South Florida High Intensity Drug Trafficking
Area FY 2008 Violent Crimes and Drug Trafficking Organization initiative
3BB-2 Operation Gangland Express grant award
3BB-3 2007 Paul Coverdall National Forensic Sciences Improvement Grant
Page 58
3BB-4 Domestic Violence Program grant award
3BB-5 PBSO Public Service Campaign project regarding prescription drug
abuse/misuse
Page 59
3BB-6 Grant modification for the Regional Virtual Fusion Center
3BB-7 Budget Amendment for security services at the Airport Center
CC.
SUPERVISOR OF ELECTIONS
Page 59
3CC-1 Precinct boundary changes
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 60
4A National Social Worker Month
4B Women’s History Month
4C Autism Awareness Week
4D Bicycle Month
4E National Nutrition Month
4F Dolphin Conservation Week
4G Professional Surveyors Week
PUBLIC HEARINGS - 9:30 A.M.
Page 61
5A Resolution confirming special assessment
for Royal Palm Estates paving and drainage improvements
5B Right-of-Way Construction Permitting
Ordinance
Page 62
5C Budget Amendments in various Water
Utilities funds to realign budget
Page 63
5D Resolution regarding purchase of the
Indian Trail Improvement District’s water and wastewater system
Page 64
5E Criminal History Record Check Ordinance
MARCH 11, 2008
TABLE OF CONTENTS
REGULAR AGENDA
CLERK & COMPTROLLER
Page 65
6A-1 SBA/Local Government Investment Fund update
ADMINISTRATION
Page 65
6B-1 United
Way Prosperity Campaign Volunteer Income Tax Assistance Program
COUNTY ATTORNEY
Page 66
6C-1 Unmanned
cameras at traffic signals Ordinance
6C-2 The
Children’s Home Society of Florida Variable Rate Demand Revenue Bonds
FACILITIES
DEVELOPMENT & OPERATIONS
Page 67
6D-1 West
Palm Beach Transit Oriented Development
Page 68
6D-2 Resolution
conveying interest in 414 sq. ft. parcel to Patricia H. Mikulec
FIRE
RESCUE
Page 69
6E-1 Settlement
Agreement with Professional Firefighters/Paramedics of Palm Beach County
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 70
6F-1 Unified
Land Development Code Ordinance (Countywide Impact Fees)
6F-2 Resolution
regarding Water and Sewer Revenue Refunding Bonds
PLANNING,
ZONING & BUILDING
Page 71
6G-1 Resolution
changing street name of Orange Road to Kiwi Court
PURCHASING
Page 71
6H-1 Palm
Beach County Code Ordinance (Purchasing)
AIRPORTS
Page 71
6I-1 Implementation
of a General Aviation Landing Fee at PBIA
HUMAN
RESOURCES
Page 72
6J-1 Domestic
Partnership Leave Program regarding FMLA
BOARD OF COUNTY
COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
Page 73
7A-1 Palm
Beach County Code Ordinance (Environmental Control Ordinance)
BOARD OF COUNTY
COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD Page
74
8A-1 Board appointment to the
Child Care Advisory Council
MARCH 11, 2008
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Pages 75 - 78)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 79)
STAFF
COMMENTS (Page 80)
COMMISSIONER
COMMENTS (Page 81)
ADJOURNMENT (Page 81)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) expenditure in the amount of $36,000 in the
Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of six (6) "cobra head"
streetlights within the Lake Worth West Countywide Community Revitalization
Team (CCRT) area (District 3);
B) expenditure in the amount of $80,000 in the
Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 10 years maintenance of twenty (20) "cobra head"
streetlights within the Homes at Lawrence CCRT area (District 3);
C) expenditure in the amount of $120,000 in
the Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of twenty (20) "cobra head"
streetlights within the Parkway Village/Evergreene Acres CCRT area (District 1);
D) Budget
Transfer from the Capital Outlay Fund for implementation to the Lake Worth West
Street Lighting Project in the amount of $12,000 to the Homes at Lawrence
Street Lighting Project in the amount of $40,000, and to the Parkway Village/ Evergreene
Street Lighting Project in the amount of $40,000 (District 1);
E) Budget Transfer from the Capital Outlay
Fund to the CCRT Street Lighting Maintenance Fund for the Lake Worth West
Street Lighting Project in the amount of $24,000, for the Homes at Lawrence
Street Lighting Project in the amount of $40,000, and for the Parkway
Village/Evergreene Acres Street Lighting Project in the amount of $80,000 (District
3); and
F) Budget Amendments totaling $144,000 in the
CCRT Street Lighting Maintenance Fund to recognize and appropriate the
transfers from the Capital Outlay Fund of $24,000 for the Lake Worth West
Street Lighting Project, $40,000 for the Homes at Lawrence Lighting Project,
and $80,000 for the Parkway Village/Evergreene Acres Street Lighting Project
(District 1).
SUMMARY: The street lighting projects being submitted
for approval were initiated by members of the Lake Worth West Resident Planning
Group, Inc., the Homes at Lawrence HOA, and the Parkway Village Evergreene
Acres resident group, respectively.
Based on the Office of Community Revitalization (“OCR”) staff review, it
was determined that the installation of these streetlights would help reduce
area crime as well as enhance pedestrian safety and facilitate safer vehicular
movement. The total amount of funding provided for these projects is
$236,000. Districts 1 & 3 (AH)
2. Staff recommends
motion to approve: an Interlocal Agreement
with the Village of Palm Springs (Village) for the County to reimburse the
Village an amount not-to-exceed $912,488, which is one half of the engineering
and construction costs of providing vacuum sewers within the Lakewood Gardens
Subdivision. SUMMARY: This Interlocal Agreement provides the mechanism for the
County to reimburse the Village an amount not-to-exceed $912,488, which is one
half of the engineering and construction costs for the sewer improvements
completed by the Village in 2005 in the Lakewood Gardens Subdivision. District 3 (AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
3. Staff recommends
motion to approve:
A) Contract with L&M J
Consulting, Inc. (Michael Jackson) to provide consulting services for general
administration in the Glades area in an amount not-to-exceed $57,000;
B) Budget Transfer of
$57,000 from District 6 personal services accounts to Economic Development
Office to provide funding for the contract;
C) Budget Amendment of
$57,000 in the Economic Development Office budget to establish budget for the
contract; and
D) waiving the purchasing
requirements for the competitive selection as professional and consulting
services.
SUMMARY: The Contract will
provide for coordination of work effort between County/municipals governments
and community organizations within the Glades area. The scope of work includes,
but is not limited to, job training, redevelopment/ revitalization projects,
housing and economic development initiatives.
If the BCC approves the Contract, a total of $57,000 will be transferred
from District 6 personal services accounts to the Economic Development Office
budget. Funds are available in District
6 personal services accounts due to a vacancy.
The Contract amount of $57,000 is the amount that would be budgeted for
a permanent, full-time employee.
Purchasing Ordinance No. 05-062, gives the BCC authority to waive the
requirements for competitive selection and approve professional or consulting
services upon recommendation of the County Administrator. District 6 (DW)
4. Staff recommends motion to approve: a six (6) month time extension of a federally funded subgrant agreement with the Florida Division of Emergency Management (DEM) to complete the design of drainage improvements as part of the Hazard Mitigation Grant Program. SUMMARY: FEMA has approved a Phase I grant in the amount of $48,750 for the design of a drainage system serving the Grove Street area located along Military Trail between Southern Boulevard and Belvedere Road. The Grant requires a 25% cost share with the County, meaning the total design cost is $65,000. Additionally, a Phase II grant for the construction of the drainage facilities has been approved contingent upon the Cost-Benefit ratio meeting FEMA's requirements after the completion of the design. The Phase II approval will be brought back to the Commission at the conclusion of the Phase I contract. Due to the long amount of time it took to receive FEMA approval for the Phase I project, a six (6) month extension to complete the project design work was requested and granted from DEM. District 6 (MJ)
5. DELETED
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
6. Staff recommends motion to adopt: a Resolution by the Board of County Commissioners of Palm Beach County, Florida, amending Resolution No. R2007-1048, to allow membership organizations to appoint their representatives to the Overall Economic Development Program (OEDP) Committee; to change the term of the Community Redevelopment Agency Representatives from a four (4) year term to one (1) year terms on a rotating basis; and providing for an effective date. SUMMARY: This Resolution will amend: Section 7, Membership; Section 8, Board Appointments; Section 11, Term of Members; Section 12, Qualifications as a Candidate; and Section 14 Organization and Meeting to allow the membership organizations: Business Development Board of PBC, Inc., Business Loan Fund of the Palm Beaches, Inc., Community Redevelopment Agencies in PBC, Economic Council of PBC, Inc., Equine Industry Business Development Board, Florida Engineering Society, League of Cities, Marine Industries Association of PBC, Inc., PBC Agricultural Enhancement Council, PBC Film and Television Commission, PBC Health Department (Environmental Division), PBC Resource Center, Inc., PBC Sports Commission, Inc., PBC Urban League, Port of Palm Beach, School District of PBC, Workforce Alliance of PBC, Inc., PBC Cultural Council, Inc., PBC Department of Airports, Florida Inland Navigation District, and the World Trade Center Association of Palm Beach, Inc. to appoint designees to the OEDP Committee; and for the Community Redevelopment Agency representatives to serve a term of one (1) year on a rotating basis to best serve the various community redevelopment agencies. This action will assist staff in administering the appointments of the thirty-one (31) member OEDP Committee made up of two (2) Board members and twenty-nine (29) organizations/agencies. Countywide (DW)
7. Staff recommends
motion to approve: a $149,400 Film & TV Tech Prep Grant Agreement
with The Palm Beach County Film & Television Commission (FTC) commencing
March 11, 2008 and ending March 10, 2009.
SUMMARY: The objectives of the
PBC Film & TV Tech Prep Program are to prepare high school students for
career pathway and create a future workforce in the film & television
industry; and to provide educational, financial and logistic resources for high
school and college students, and teachers through the Palm Beach County Film
& Television Commission. This $149,400 Agreement with FTC will provide
funding for operational, education and equipment expenses for conducting the
Film & TV Tech Prep Program, which is entering its 12th year of
operation with the purpose of continuing to develop the Film & TV Industry
in Palm Beach County through an enhanced strategic plan drafted by educators
and industry professionals. FTC provides $100,000 in-kind match through staff
and service support, oversight services, and office space and computers. This
Grant Agreement has been approved for the current budget year and represents a
10% funding reduction from the previous year. Countywide (DW)
MARCH 11, 2008
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
Zoning September
24, 2007
Workshop September
25, 2007
Workshop October
23, 2007
Zoning October
25, 2007
Regular November
6, 2007
Regular November
20, 2007
Regular December
18, 2007
Zoning January
3, 2008
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 December 2007. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: four (4) Resolutions
declaring the acquisition of property known as Parcels 818 and 819 as Exclusive
Perpetual Easements, and Parcels 903
and 904 as Temporary Construction Easements for the construction of West
Atlantic Avenue, from 1,330 feet west of Lyons Road to Starkey Road and Lyons
Road from West Atlantic Avenue north 400 feet.
SUMMARY: This action will
adopt four (4) Resolutions to authorize the filing of eminent domain proceedings
against four (4) parcels whose total estimated appraised value is
$205,300. District 5 (PM)
2. Staff recommends
motion to approve: establishing
an impact fee credit, estimated to be $300,000, for the installation of a
traffic signal at the intersection of Congress Avenue and Water Tower Road for
the Kohl’s Department Store development (Kohl’s). SUMMARY:
Traffic studies at the intersection of Congress Avenue and Water Tower
Road have shown that a traffic signal is warranted. Kohl’s has verbally agreed to construct this
traffic signal during its site development and is requesting impact fee credit
for the traffic signal. The traffic signal is not required to meet Traffic
Performance Standards (TPS). Impact fee
credits for roadway improvements that are not required by TPS require the Board
of County Commissioners’ approval. District 1 (LB)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff
recommends motion to approve:
A) a Budget Transfer of $1,429,738 in the Municipal Services Taxing Unit
(MSTU) District D Fund from Reserves to Woolbright Road (SE 15th
Avenue) Bascule Bridge;
B) a Budget Transfer of $1,429,738 in the
Capital Outlay Fund from SE 15thAvenue Bascule Bridge to Transfers,
and transfer to MSTU District F Fund;
C) a Budget Amendment of $1,429,738 in the MSTU
District F Fund to recognize the transfer from Capital Outlay and appropriate
it to Reserves; and
D) a Contract with Worth Contracting, Inc. (Contractor), the lowest
responsive, responsible bidder, in the amount of $1,474,163.11 for the SE 15th
Avenue Bascule Bridge Maintenance and Repair project (Project).
SUMMARY: The Project
consists of the bridge deck replacement, repairs to the steel superstructure,
replacement of the metal sidewalk and painting.
The Notice to Proceed will be issued in May 2008. Consequently, the bridge will be closed for
this maintenance and repair during the summer when traffic volumes are
lower. The Small Business Assistance goal for the Project is 15%. The Small Business Enterprise (SBE)
participation committed for the Project by Worth Contracting, Inc. is 10.74%
overall. The second low bidder,
Seacoast, Inc., had no SBE participation.
Although the Contractor has not met the SBE requirement for this
Project, they exceed the 7% provision for ranking of responsive bidders. District
4 (MRE)
4. Staff recommends
motion to approve: a Contract
with Lanzo Lining Services, Inc. (Contractor), the lowest responsive,
responsible bidder, in the amount of $189,780, for the Lakes of Lantana and
Cabana Colony culvert improvements (Project).
SUMMARY: The Project consists of all work necessary to line existing
culverts under Aquarius Boulevard and Blue Cypress Drive, in Lakes of Lantana,
and under Florida Boulevard in Cabana
Colony. The Small Business Assistance goal for the Project is 15%. The Small Business Enterprise (SBE)
participation committed for the Project by the Contractor is 15.8% overall. Districts 1 & 2 (MRE)
5. Staff recommends
motion to approve: Amendment No. 1 to the Public Facilities Agreement (R2007-1262)
with Toll Brothers, Inc./Palm Beach Limited Partnership (Toll) regarding the
funding and construction of Lyons Road from Linton Boulevard to West Atlantic
Avenue (Project). SUMMARY: Toll is the developer of a project known as
Mizner Country Club located on the east side of Lyons Road, south of Linton
Boulevard. Toll is required by
Development Order to construct the Project.
Palm Beach County has the obligation to remediate environmental issues
and concerns related to the old “Bushel Stop” site. The remediation is projected to cost
$48,714.50. District 5 (MRE)
6. Staff recommends
motion to approve: acceptance of
Frontier Avenue, the future extension of Lyons Road, from El Paso Drive to
Arrowhead Drive, in Sections 19 and 20, Township 44 South, Range 42 East, for
interim courtesy maintenance. SUMMARY:
This item will add Frontier Avenue to the Palm Beach County Maintenance
Inventory. The interim courtesy maintenance cost is estimated to be $3,500 for
the first year, and increasing 6% per year thereafter. District 6 (PFK)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends
motion to approve: a Public
Facilities Agreement (Agreement) with Toll FL VIII Limited Partnership
(Developer) regarding drainage issues for Hypoluxo Road from Jog Road to
Military Trail (Project). SUMMARY: The Developer owns a parcel of land located
on the south side of Hypoluxo Road just west of Haverhill Road. The planned
single family development is known as Vista Lago. The Developer is required to
accept a portion of roadway drainage from the Project to Vista Lago’s on-site
drainage system as per the Development Order conditions. The Developer is also
required to construct an outfall pipe from Hypoluxo Road, under the Lake Worth
Drainage District’s L-18 Canal (Siphon System), to Vista Lago’s drainage
system. Through this Agreement, the Developer would pay Palm Beach County
(County) a lump sum of $50,000 in exchange for the County taking over the
maintenance of the Siphon System. If the Developer delays development, the
Agreement also includes provisions for the County to construct the Siphon
System (costs to be reimbursed by Developer) and a temporary drainage system
within Vista Lago. District 3 (MRE)
8. Staff recommends
motion to approve: nine (9) Amendment and Renewal of appraiser agreements
(Agreements) with the following appraisal firms: Ames Appraisal Services;
Anderson & Carr, Inc.; Appraisal & Acquisition Consultants, Inc.;
Callaway & Price, Inc.; M.R. Ford & Associates, Inc.; S. F. Holden,
Inc.; Jenkins Appraisal Services, Inc.; RE Analysts, Inc.; and The Spivey Group,
Inc. SUMMARY: This action approves Agreements with nine (9) firms to
provide appraisal services to Palm Beach County for right-of-way acquisition
purposes. Countywide (PFK)
9. Staff
recommends motion to:
A) approve Amendment Number 2 to the Joint
Participation Agreement (JPA) (R2005-0862) with the State of Florida Department
of Transportation (FDOT), for the amount of $50,000 for SR-704/Okeechobee
Boulevard from Clear Lake Bridge to East of Australian Avenue overpass
(Project);
B) adopt a Resolution concerning this Agreement; and
C) approve a Budget Amendment of $50,000 in the Road Impact Fee Fund – Zone 2 to
recognize additional funding from FDOT for this JPA and appropriate it to Okeechobee
Boulevard from west of Clear Lake Bridge to east of Australian Avenue overpass.
SUMMARY:
Through this Amendment to the Agreement, Palm Beach County (County) will
receive an additional grant of $50,000 from FDOT for the Project. The County will be responsible for all costs
above this grant amount. District 7 (MRE)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff
recommends motion to:
A) approve
Amendment Number 4 to the County Incentive Grant Program (CIGP) Agreement with
the State of Florida Department of Transportation (FDOT), approved on December
18, 2001 (R2001-2157), to modify the limits of the Okeechobee Boulevard widening
project covered by the CIGP Agreement and to extend the expiration date until
June 30, 2010; and
B) adopt a Resolution concerning this
Agreement.
SUMMARY: This action approves an Amendment to the CIGP
Agreement with FDOT for the widening and resurfacing of SR-704/Okeechobee
Boulevard from SR-7 to Florida’s Turnpike (Project). This Amendment modifies the limits of the Project covered by the CIGP
Agreement and extends the expiration date until June 30, 2010. Districts 2 & 6 (PFK)
11. DELETED
12. Staff recommends
motion to approve: a Third
Amendment to the Financial
Assistance Agreement (R2005-0033) with Northtree Community Association
(Association) for an extension of the completion date for improvements in and
along Palm Beach County’s (County) Hagen Ranch Road. SUMMARY: The
original Agreement provides for a reimbursement, in an amount not-to-exceed a
maximum of $25,000, to the Association for the planned improvements in the
County’s Hagen Ranch Road from the L-20 Canal to the Association’s north
property line. This Third Amendment with the Association will extend the
completion date from December 31, 2007 to December 31, 2008, and also
establishes that the irrigation pump station may be located outside of the
Hagen Ranch Road right-of-way (within 25 feet and visible from the
right-of-way) on the Association property. The completion of the improvements
has been delayed due to permit compliance issues. District
3 (MRE)
13. DELETED
14. Staff recommends
motion to receive and file: a Report of plat recordations
from October 1, through December 31, 2007.
SUMMARY: This is a quarterly summary of subdivision plats
recorded during the past fiscal quarter as required by Department of
Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11, governing
administrative approval of plats by the County Engineer. Countywide (MRE)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
15. Staff recommends
motion to approve:
A) a Budget Transfer of $940,000 in the Transportation Improvement Fund from
Reserves-Road Program Sweeps to the County Transportation Trust Fund; and
B) a Budget Amendment of $940,000 in the County Transportation Trust Fund to
recognize the transfer from the Transportation Improvement Fund and appropriate
it to Signal Loop Maintenance.
SUMMARY: This Budget
Transfer and Budget Amendment will provide funding to continue the loop
maintenance being performed by the Signal Section of the Traffic Division. Loop maintenance is necessary to ensure the
efficient and effective operation of the Traffic Signal System. The $940,000
from Road Program Sweeps will be replaced at the next Road Program update by
reducing the Hypoluxo/West of Lyons Road to West of Hagen Ranch Road Impact Fee
Construction budget and increasing Gas Tax Reserves. The Hypoluxo construction contract came in
under budget and therefore some of these remaining funds can be utilized
elsewhere. Countywide (MRE)
16. Staff recommends
motion to approve: an Agreement
with Arcadis U.S., Inc., (Arcadis) to provide the necessary professional
services for intersection improvement projects on a task order basis, for
Countywide projects, as required. SUMMARY: This Agreement will provide the necessary
professional services for intersection improvement projects throughout
Palm Beach County (County) for all user departments. At the option of the County, this Agreement
can be renewed annually for a period of one (1) year, with a maximum of two (2)
renewals. Countywide (PFK)
17. Staff recommends
motion to approve: the renewal
of the civil engineering annual agreements with the following firms: Corzo,
Castella, Carballo, Thompson, Salman, P.A., the original agreement was dated
February 27, 2007 (R2007-0248); Keshavarz & Associates, Inc., the original
agreement was dated April 10, 2007 (R2007-0460); and Last Devenport, Inc., the
original was agreement dated April 10, 2007 (R2007-0461). SUMMARY: These Agreements are being
considered for a one (1) year renewal for required professional services, on a
task order basis. Countywide (PFK)
18. Staff recommends
motion to approve:
A) a Budget Transfer of
$1,256,118 in the Transportation Improvement Fund from Reserve for District 2
to Westgate/Belvedere Homes Community Redevelopment Agency (CRA) infrastructure
improvements (consisting of five separate projects) – District 2. The improvements shall be completed by
September 1, 2010; and
B) an Interlocal Agreement of $1,256,118 with the Westgate/Belvedere
Homes CRA t will reimburse the CRA for certain infrastructure improvements to
Westgate Avenue, Suwanee Avenue, Wabasso Avenue, Fern House/Church Street
drainage, Cherry Road median irrigation, and dry storage acquisition within the
boundaries of the CRA area.
SUMMARY: The Budget Transfer
and Interlocal Agreement will reimburse the CRA up to $1,256,118 for the infrastructure
improvements within the boundaries of the CRA area. District 2 (MRE)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
19. Staff recommends
motion to approve: the renewal
of the Municipal Service Taxing Unit (MSTU) Districts “A” through “E” Services
Agreement with the following firm: Civil Design, Inc. The original agreement was dated April 10,
2007 (R2007-0462). SUMMARY: This
Agreement is being considered for a one (1) year renewal for required
professional services, on a task order basis. Countywide (PFK)
20. Staff recommends
motion to approve: a Third Amendment to the Financial Assistance Agreement (R2004-0303) with the Village of
North Palm Beach (Village) for an extension of the completion date for
improvements on Palm Beach County’s (County) Prosperity Farms Road. SUMMARY:
The original Agreement and Amendments 1 and 2 provide for a reimbursement,
in an amount not-to-exceed a maximum of $1,305,000, to the Village for the
planned improvements on the County’s Prosperity Farms Road from Northlake
Boulevard to Burns Road. This Third Amendment with the Village will extend the
completion date from December 31, 2007 to December 31, 2008. The completion of the improvements has been
delayed due to contractor performance. District
1 (MRE)
21. DELETED
22. Staff recommends
motion to approve: a 2nd Amendment to the Easement Agreement
(R97-724D) with Temple Shaarei Shalom,
Inc., (Temple) for the Hagen Ranch Road Drainage south of the Lake Worth
Drainage District L-22 Canal. SUMMARY: This 2nd Amendment will allow
the Temple to assume the responsibilities of the Easement Agreement. District
3 (MRE)
23. Staff recommends
motion to approve:
A) a Budget Transfer of $35,664 in the Municipal Service Taxing Unit (MSTU)
District “A” Fund from Reserves to Cinquez Park East Area Improvements
(Project); and
B) Supplement No. 2 in the amount of $38,221 to the Task under the Annual
MSTU Districts “A” through “E” Agreement (Annual) with Keshavarz &
Associates, Inc. (KAI) for additional services to revise existing plans in
connection with the drainage and water main portion of the Project.
SUMMARY: This
Budget Transfer will provide funds for the additional engineering services
required for revisions to existing plans in connection with the drainage and
water main portion of the Project.
Supplement No. 2 will provide the necessary engineering, surveying,
permit documentation, and construction administration services. District 1 (MSTU “A”) (MRE)
24. Staff recommends
motion to approve: the renewal of the street lighting annual agreements
with the following firms: ADA
Engineering, Inc., the original agreement was dated May 1, 2007 (R2007-0610)
and Erdman Anthony of Florida, Inc., the original agreement was dated May 1,
2007 (R2007-0611). SUMMARY: These Agreements are being considered for a
one (1) year renewal for required professional services, on a task order
basis. Countywide (PFK)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
25. Staff recommends
motion to adopt: a Resolution approving Amendment 1 of the Joint
Participation Agreement (JPA) (R2007-620D) with the Florida Department of
Transportation (FDOT) for the design and construction of small traffic related
projects. SUMMARY: The
original Agreement provided $500,000 annual funding for small projects from FY
2007/2008 through FY 2011/2012 for a total of $2,500,000. The Amendment will reduce the funding to
$365,000 for FY 2008/2009 through FY 2011/2012 for a total of $1,960,000. This JPA allows Palm Beach County to
accomplish small traffic related projects for the FDOT, when requested, and to
be reimbursed for the work. Funds will
be established through the annual budget process. District 7 (MRE)
26. DELETED
27. Staff recommends
motion to approve: an Agreement
with Brown & Phillips, Inc. (BPI) to provide the necessary professional
services for surveying and mapping projects on a task order basis, for countywide
projects, as required. SUMMARY:
This
Agreement will provide the necessary professional services for surveying and
mapping projects throughout
Palm Beach County (County) for all user departments. At the option of the County, this Agreement
can be renewed annually for a period of one (1) year, with a maximum of two (2)
renewals. Countywide (PFK)
28. Staff
recommends motion to approve:
A) a Joint Project Participation/Funding Agreement for the total estimated
cost of $79,065 with the Village of Palm Springs (Village) for the utility
construction to be incorporated into Palm Beach County’s (County) construction
of Clinton Boulevard and Cambridge Street roadway improvements (Project); and
B) a Budget Amendment of $29,725 in the Municipal Service Taxing Unit
(MSTU) District “C” Fund to recognize an additional contribution from the
Village and appropriate it to the Project.
SUMMARY: As part of the Project, the County and the
Village desire to jointly participate in the utility adjustments to the water
distribution, and other improvements along the right-of-way. This Budget
Amendment is necessary to reflect the funding by the Village for the utility
improvements to be incorporated into the County’s construction of the Project. District 3 (MRE)
29. Staff
recommends motion to approve: an Agreement in the amount of
$312,725.31 with R. J. Behar & Company, Inc. (RJB) for professional services. SUMMARY: This
Agreement will provide the professional services necessary for the preparation
of design plans and construction bid documents for Forest Hill Boulevard
and Congress Avenue intersection improvements. Districts 2 & 3
(PFK)
30. Staff
recommends motion to approve: Supplemental
Agreement No. 3 to Project No. 20041202, under contract R2004-2466, in the amount of $145,724.41 with Arcadis U.S., Inc. (Arcadis) for professional services. SUMMARY: This
Supplemental Agreement will provide the services necessary for the preparation
of a State Environmental Impact Report (SEIR) and an Advance
Notification package for Forest Hill Boulevard and Congress Avenue intersection
improvements. Districts 2 & 3 (PFK)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
31. Staff recommends
motion to adopt: a Resolution
vacating a portion of a 12 foot wide utility easement lying in Tract B1,
Fountains South - Replat of Tracts A1 and B1, as recorded in Plat Book 49,
Pages 98-100, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located west of Jog
Road and north of Lantana Road within the development called Fountains South
Planned Unit Development. The petitioner
is requesting the vacation of a portion of a utility easement in order to allow
the redevelopment of the recreation facility that was destroyed by the numerous
hurricanes that hit South Florida in 2005.
District 2 (PFK)
32. Staff recommends
motion to approve:
A) a blanket approval for appraisal and
acquisition of the lands, rights-of-way, and easements on all Fiscal Year 2008
projects as identified in the Five-Year Road Program Annual Update, as adopted
on November 20, 2007; and
B) the
employment of all experts, including but not limited to real estate appraisers,
engineers, certified public accountants, business damage experts, and other
experts deemed necessary to appraise and acquire the before mentioned lands,
rights-of-way and easements.
SUMMARY: On November 20, 2007, the Board of County
Commissioners adopted the Annual Update of the Five-Year Road Program for
Fiscal Year 2007 through Fiscal Year 2012. Approval of this item will provide
for the acquisition necessary to accomplish the road goals set therein. Countywide (PFK)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve:
A) Amendment No. 11 to the Contract (R96-0714D) with Denise M. Nieman, County Attorney; and
B) a salary increase at the same level provided to other County employees effective March 26, 2008.
SUMMARY: In accordance with the terms and conditions of the original contract, this Amendment provides for the County Attorney’s services through March 25, 2013. The current contract expires March 25, 2012. This is a one (1) year extension. This year marks the completion of 21 years as a County Employee, and 12 years as County Attorney. Based on the Board’s evaluation of performance and comparison with similar positions, it is requested that the Board consider a salary increase at the same level as that provided to other County employees. Current salary is $194,646.40. Countywide (DN)
2. Staff recommends
motion to receive and file: a
Mortgage Subordination Agreement with Federal Home Loan Mortgage Corporation
and Azalea Place Apartments, Limited, dated January 1, 2008, for the
Azalea Place Apartments, Limited. SUMMARY: The Board of County Commissioners authorized
the Chairperson to execute this Subordination Agreement pursuant to the Loan
Agreement approved on May 15, 2001 (R2001-0801). District 7 (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends motion to receive and file:
the official transcript for the closing
of the $20,043,500 Palm Beach County, Florida Public Improvement Revenue Bond
Anticipation Note, Series 2007, for financing the costs of acquisition,
renovation, construction and equipping of additional criminal justice and
public improvement facilities, as authorized by Resolution R2007-1502 adopted
on September 11, 2007. The closing
occurred on September 20, 2007. SUMMARY: On
September 11, 2007, the Board
adopted Resolution No. R2007-1502, authorizing the issuance of the Bond
Anticipation Note. The closing
occurred on September 20, 2007. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide (PFK)
4. Staff recommends
motion to receive and file: the official transcript for the closing of the
$14,685,000 Palm Beach County, Florida Public Improvement Revenue Bonds, Series
2006, (the “Bonds”) for financing the costs of expansion and upgrading of the
Judicial Center Parking Garage, as authorized by Resolution R2006-2325 adopted
on October 24, 2006. The closing
occurred on December 6, 2006. SUMMARY: On
October 24, 2006, the Board
adopted Resolution No. R2006-2325, authorizing the issuance of the Bonds. The closing occurred on December 6,
2006. The official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
5. Staff recommends
motion to receive and file: the
official transcript for the closing of the $9,000,000 Palm Beach County,
Florida Variable Rate Airport Revenue Bonds (Galaxy Aviation Project), Series
2007, (the “Bonds”) for financing the costs of constructing approximately
58,000 square feet of additional general aviation storage hangars and related
office space, as authorized by Resolution R2007-1218 adopted on July 10,
2007. The closing occurred on September
6, 2007. SUMMARY: On
July 10, 2007, the Board adopted
Resolution No. R2007-1218, authorizing the issuance of the Bonds. The closing occurred on September 6,
2007. The official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
6. Staff recommends
motion to receive and file: the
official transcript for the closing of the $11,697,676 Palm Beach County,
Florida Public Improvement Revenue Note, Series 2008 (Environmentally Sensitive
Land Acquisition Project) (the “Bonds”) for financing the costs of the
acquisition of environmentally sensitive land in Palm Beach County, as
authorized by Resolution R2008-0132 adopted on February 5, 2008. The closing occurred on February 6,
2008. SUMMARY: On
February 5, 2008, the Board
adopted Resolution No. R2008-0132, authorizing the issuance of the Bonds. The closing occurred on February 6,
2008. The official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
7. Staff recommends
motion to receive and file: the
official transcript for the closing of the $98,080,000 Palm Beach County,
Florida Public Improvement Revenue Bonds, Series 2007C (Biomedical Research
Park Project) (the “Bonds”) for the purpose of redeeming the County’s Public
Improvement Revenue Anticipation Notes, Series 2006(Biomedical Research Park
Project) and financing the costs of the acquiring, constructing, improving and
equipping permanent facilities to be development by Scripps for the Biomedical
Research Park Project, as authorized by Resolution R2004-0147 adopted on
January 27, 2004, as supplemented by Resolution R2007-1091 adopted on July 10,
2007. The closing occurred on December 19,
2007. SUMMARY: On July 10, 2007, the Board adopted Resolution No. R2007-1091,
authorizing the issuance of the Bonds.
The closing occurred on December 19, 2007. The
official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
8. Staff recommends
motion to approve: an Amendment to the one (1) year Agreement,
Resolution No. R2005-2397, dated December 20, 2005 with Broad and Cassel for
Airport-Related Bankruptcy Legal Services.
SUMMARY: This Amendment exercises the County’s sole
discretion to renew the agreement for three (3) successive one (1) year option
periods, or until December 20, 2009, as authorized in paragraph four of the
original agreement. The Amendment also
clarifies that outside counsel may use sub-contractors in situations where it
is economically feasible to do so with the prior approval of the County Attorney’s
office. Finally, the Amendment adds an
additional $50,000 combined attorney’s fees and costs to the existing not-to-exceed
cap set out in the original agreement. Countywide
(PM)
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) approve
Amendment No. 1 increasing the
Farmworker’s Coordinating Council of Palm Beach County (R2007-1940)
contract in an amount of $70,797 for the
period October 1, 2007, through September 30, 2008; and
B) terminate the Healthy Mothers/Healthy Babies
(R2007-1946) contract as of January 1, 2008.
SUMMARY: Department of Community Services, through
the Financially Assisted Agencies program has been working with Children’s
Services Council (CSC) program staff to review programs that align within the
focus and scope of work that fits most appropriately with each entity. It has been determined that the Palm Beach
County FAA contract with Healthy Mothers/Healthy Babies (HM/HB) for $86,767 will
be transferred to CSC’s Healthy Beginnings. The CSC-funded Farmworker’s
Council, family support program, for $70,797 best aligns with the overall
direction and mission of the FAA program.
CSC staff and Palm Beach County staff have worked diligently and collaboratively
in reviewing these programs/contracts. Both have been working with HM/HB and
Farmworker’s Council to ensure a smooth transition, which was effective January
1, 2008. Countywide (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
2. Staff recommends
motion to approve: Non-financial
Collaborative Agreement with Easter Seals Florida (Palm Beach County Early
Steps Program), for the period of November 1, 2007, through September 30, 2008,
at no cost to the County, to provide developmental evaluations services for
eligible Early Head Start infants and toddlers who are suspected of having
disabilities. SUMMARY: This
Agreement will be used to provide medical, physical, psychological, social and
educational evaluations to Early Head Start infants and toddlers. In addition, Easter Seals Florida (Palm Beach County Early Steps Program),
will assist in making recommendations for placement in early intervention
programs based on the evaluation outcomes. There is no cost to the County. (Head Start) Countywide (TKF)
3. Staff
recommends motion to approve: Travel reimbursement for Palm Beach
County Community Action Board member Tequisha Myles, in an amount of $110.96,
to attend the Florida Association for Community Action (FACA) Public Board
Training in Fort Lauderdale, Florida, on January 17, 2008. SUMMARY:
The Department of Community Affairs
requested that PBC Community Action identify a board member to attend Community
Action Agency (CAA) Board Training to understand the roles, responsibilities
and challenges of a public CAA. Sufficient notice was not provided to obtain
approval from the BCC prior to the scheduled training. The cost of $110.96 provides for registration
of $100 and mileage of $10.96. Funding
consists of $92.40 (80%) in Federal funds and $18.56 (20%) in County
funds. (Community Action Program) Countywide (TKF)
4. Staff recommends
motion to approve: Amendment No. 1 to the Contract with
Coalition for Independent Living Options (R2007-1931) for the period October 1,
2007, through September 30, 2008, to change the unit cost rate and number of
service units. SUMMARY:
Adjustments to the unit cost rate and units delivered are necessary to
better serve clients and more appropriately reflect the cost of the services
provided. The current rate of pay for
the Accessible Lifesaving Education for At-Risk Teens Utilizing Seniors (ALERT)
program is $2.61 per unit of service for 24,360 units to be delivered. A unit of service is defined as one hour of
client services. The amendment will
change the cost per unit to $4.68 for a total of 13,593 units to be delivered. There is no change to the contract amount and
no additional funding is being requested. Countywide (TKF)
5. Staff recommends
motion to approve: Contract with Executive Service Corps of
Southeast Florida, Inc., for the period October 1, 2007, through September 30,
2008, in an amount of $100,000, for training, education and technical
assistance. SUMMARY: The Center for Nonprofit Excellence, a program of
the Executive Service Corps of Southeast Florida, Inc., developed and produced
the 2007 Certification Assessment Tool, a Self-Assessment Manual, and will
offer an array of training, education and technical assistance resources and
programming to Financially Assisted Agencies grantees. This funding allocation is included in the FY
2008 budget for County-Sponsored agencies.
Countywide (TKF)
6. Staff recommends
motion to approve: Amendment No.
001 to Standard Agreement No. IC007-9500 (R2007-1691) for the Community Care
for the Elderly (CCE) Program with the Area Agency on Aging (AAA) of Palm
Beach/Treasure Coast, Inc. for the period July 1, 2007, through June 30, 2008, increasing
the agreement amount by $33,533 for a new total not to exceed the amount of $1,103,185.
SUMMARY: This Amendment will increase Adult
Protective Services (APS) and In-Home Services by $33,533. In the area south of Hypoluxo Road, Ruth Rales
Jewish Family Service currently provides CCE services under a similar grant
from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
7. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement No.
IU007-9500 (R2007-0129) for the Nutrition Services Incentive Program (NSIP),
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for the period
October 1, 2006, through September 30, 2007, increasing the maximum
reimbursement by $36,556, for a
new total not-to-exceed the amount of $361,091, for various supportive services
to seniors. SUMMARY: Additional funding has been granted under
the NSIP grant. This Amendment will
increase the maximum reimbursement from $324,535 to $361,091 for services
performed in FY 2007. In the area south
of Hypoluxo Road, Mae Volen Senior Center, Inc. currently provides Older
Americans Act services under a similar grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
8. Staff recommends
motion to approve: Amendment No. 001 to the Delegate Agency
Agreement with The School Board of Palm Beach County (Delray Full Service
Center) (R2007-1677), for the period of October 1, 2007, through September 30,
2008, revising County requirements, and implementing new reimbursement
procedures. SUMMARY: The School
Board of Palm Beach County (Delray Full Service Center) was contracted to
provide comprehensive Head Start services. This Amendment clarifies revised
County requirements, and implements how monthly reimbursements will be
distributed. There is no additional cost to the County. (Head Start) Countywide (TKF)
9. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement No. IP007-9500 (R2007-1689)
for the Emergency Home Energy
Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. for the period June 1, 2007, through March 31, 2008, increasing the
agreement amount by $4,689 for a new total not-to-exceed the amount of $61,221. SUMMARY: This Amendment will increase Outreach by
$410 and Crisis Benefits by $4,279. In
the area south of Hypoluxo Road, Ruth Rales Jewish Family Service currently
provides EHEAP services under a similar agreement from the AAA. (DOSS)
Countywide except for portions of Districts 3, 4, 5 & 7 south of
Hypoluxo Road (TKF)
10. Staff recommends
motion to approve: Standard
Contract No. IA008-1 for the Older Americans Act (OAA) program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period January
1, 2008, through December 31, 2008, in the amount of $1,924,614 for various
services to the elderly. SUMMARY:
The Contract will allow the Division of Senior Services (DOSS), as
lead agency, to provide Adult Day Care, Interpreter/Translating,
Screening/Assessment and Outreach. DOSS
also contracts with vendors to provide Adult Day Care, Escort, In-Home Services
(Homemaker, Personal Care, Respite, Companionship and Chore), Congregate Meals,
Home Delivered Meals, Nutrition Education, Nutrition Counseling, and
Specialized Medical Equipment, Services & Supplies, which are funded with $1,924,614
in Federal funds, $213,846 in County required funds, $2,292,624 in additional
County funds, $223,970 in Nutrition Services Incentive Program Meal funds and
$92,271 in Program Income funds (Donations).
The Contract spans two (2) County fiscal years. Sufficient funding is available in the FY
2008 budget to meet County obligations.
County match and additional funding required to meet FY 2009 obligations
will be requested in the FY 2009 budget process. OAA funds administered and
managed by the AAA will allow DOSS to provide assistance to the elderly
population and caregivers and is the only federal supportive services program
directed solely toward improving the lives of the elderly population and
caregivers. In the area south of
Hypoluxo Road, Mae Volen Senior Center, Inc. currently provides OAA services
under a similar grant from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
11. Staff
recommends motion to approve: Amendment No. 1 to the Agreement with The
Center for Family Services of Palm Beach County, Inc. (R2007 1466; dated
September 11, 2007) for the period of October 1, 2007, through September 30,
2008 to increase the contract by $50,000 for a total of $97,514 for emergency
shelter services. SUMMARY: On
September 11, 2007, the Board of County Commissioners approved a contract with The Center for Family Services of Palm Beach
County, Inc. for after hours emergency shelter placement, food, transportation
and ongoing case management to homeless persons until alternate placement can
be arranged. Since November 2007, The Center for Family Services has
experienced an increased demand for emergency shelter services which has
necessitated increasing the contract funds. (Human Services) Countywide (TKF)
12. Staff recommends
motion to approve: Amendment No. 5 to Contract (R2007-0741)
with Comprehensive AIDS Program, Inc. to correct total contract amount for the period March 1, 2007, through
February 29, 2008. SUMMARY: As a result of an error made on the total
contract amount reflected on Amendment No. 4 ($1,424,829), an Amendment is
necessary to reflect the correct contract total of $1,509,829. No County funds are required. (Ryan White) Countywide (TKF)
13. Staff recommends motion to approve: the Minority AIDS Initiative (MAI)
continuation grant application with the Department of Health and Human Services
Health Resources and Services Administration (HRSA), for the period August 1,
2008, through July 31, 2009, in the amount of $565,076. SUMMARY: The 2008 MAI contract will provide enhanced
and increased core medical and other support services to AIDS infected/affected
individuals and families in targeted areas throughout Palm Beach County. No County funds are required. (Ryan White) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to receive and file: a replacement page to the Florida Department of
Transportation Joint Participation Agreement (JPA) for Palm Beach International
Airport (PBIA) Sunpass Transponders E-Toll Collection, replacing page 12 of
14. SUMMARY: On September 25, 2007 (R2007-1631), the
BCC approved a JPA in the amount of $400,000 to implement the use of the
Sunpass parking collection system at PBIA. Section 18 of the JPA incorrectly allowed the
County to extend the agreement. The revised page correctly assigns the right of
extension to the Florida Department of Transportation. The JPA term expires December 31, 2008. The revised language is consistent with other
JPA documents approved by the Board of County Commissioners. This revision does
not alter the agreement in any other way.
Countywide (AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2.
Staff recommends
motion to approve:
A) the sale of all common stock shares held by the County arising from bankruptcy distributions of Delta Air Lines, Inc. (Delta); and
B) the designation of the County Administrator, or
his designee, as the Primary Authorized Person to act on behalf of the County
to handle the sales transaction with Fidelity Brokerage Services, LLC.
SUMMARY: Delta filed for bankruptcy protection on
September 14, 2005 with outstanding payments to the County’s Department of
Airports in the amount of $695,829.
Under Chapter 11 of the United States Bankruptcy Code, debtors are
granted relief from paying outstanding debts at the time of bankruptcy filing. Pursuant to the Plan of Reorganization from
Delta and as approved by the US Bankruptcy Court, pro rata shares of common
stock were issued to general unsecured creditors. The County’s estimated stock value for Delta
is $253,000, before transaction fees.
Additional distributions are not expected. All Airport fees subsequent to the filing date
have been paid on a timely basis. Under
the terms and conditions of the County’s Airline-Airport Use and Lease
Agreement, unpaid debt is charged to all airline companies operating at Palm
Beach International Airport (PBIA) as a component of terminal rents and landing
fees. Therefore, the Department has
recovered the value of the unpaid pre-petition debt through ongoing rates and
charges. Countywide (AH)
3. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) amending the original
project description from Taxiway Exits RW 13/31 at Palm Beach International
Airport (PBIA) to Taxiway Exits 9L-27R at PBIA. SUMMARY: On August 15,
2006 (R2006-1402), the Board of County Commissioners’ adopted a resolution
approving a Joint Participation Agreement (JPA) with the FDOT in the amount of
$150,000 or 12.50% of the eligible project costs, whichever is less, to
Construct Taxiway Exits RW 13/31 at PBIA.
The FDOT has issued SJPA Number 1 amending the original project
description to Construct Taxiway Exits 9L/27R at PBIA, with no increase in
funding. This change will allow us to
use state funds towards the design and construction of the taxiway exits on the
primary runway at PBIA, Runway 9L/27R. Countywide
(AH)
4. Staff recommends motion
to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) amending the original
project description to include Taxiways at Palm Beach International Airport
(PBIA). SUMMARY: On August 15, 2006 (R2006-1404), the Board of
County Commissioners’ adopted a resolution approving a Joint Participation
Agreement (JPA) with the FDOT in the amount of $370,000 or 50.00% of the
eligible project costs, whichever is less, to Rehab and Expand Apron at
PBIA. The FDOT has issued SJPA Number 1
amending the original project description to include Taxiways at PBIA, with no
increase in funding. This change will
allow for the use of state funds towards pavement rehabilitation activities on
the taxiways at PBIA, in addition to the aircraft aprons. Countywide (AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
5. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) amending the original
project description to include Runways at Palm Beach International Airport
(PBIA). SUMMARY: On May 2, 2006 (R2006-0766), the Board of
County Commissioners’ adopted a resolution approving a Joint Participation
Agreement (JPA) with the FDOT in the amount of $545,000 or 50.00% of the
eligible project costs, whichever is less, for the Taxiway Pavement
Rehabilitation project at PBIA. The FDOT
has issued SJPA Number 1 amending the original project description to include
Runways at PBIA, with no increase in funding.
This change will allow for the use of state funds towards pavement
rehabilitation activities on the runways at PBIA, in addition to the
taxiways. Countywide (AH)
6. Staff recommends
motion to approve:
A) Amendment No. 8 to the General Consulting
Agreement with CH2M Hill, Inc. for Consulting/Professional Services in the
amount of $1,480,751 for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program; and
B) a
Budget Transfer of $1,105,751 in the Airport’s Improvement and Development Fund
to provide sufficient expenditure budget, including a transfer from reserves in
the amount of $1,105,751.
SUMMARY: The
Consulting Agreement (R2005-0319) with CH2M Hill, Inc. for general airport
planning and design was approved on February 15, 2005 in the amount of
$2,443,804 in order to carry out the approved Capital Improvement Programs for
the County’s Airports. The agreement is for two (2) years with two (2)
– one (1) year renewal options.
Amendments 1-6 were approved for a net increase in the amount of
$8,942,834. Amendment No. 7 approved by
the Board of County Commissioners on January 5, 2008 (R2008-0036) exercised the
second one (1) year renewal option. Approval
of Amendment No. 8 in the amount of $1,480,751 will provide funds to complete
the following tasks and services:
Environmental Impact Statement (EIS) Planning Support – Supplement No.
2, General Aviation Airports – Master Planning Documents Addendum, Acquisition Services
from November 2006 through April 2007, Palm Beach International Airport –
Taxiway F Extension, 2008 Annual Environmental Monitoring Services; and
Miscellaneous Planning and Engineering Services for 2008. Certain tasks
performed during the term of this Amendment will be eligible for State and
Federal grant participation. The
proposed fee was verified in accordance with FAA Advisory Circular 150/5100-14C
by use of an Independent Fee Analysis conducted by a neutral third party firm
(The LPA Group, Inc.) for those tasks that are eligible for grant funding. The Disadvantaged Business Enterprise (DBE)
participation for this Amendment is 46.25%. The total DBE contract goal
including all amendments is 28.56%. Countywide
(JCM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
7. Staff recommends
motion to receive and file: eleven (11)
original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement
with Larry Carpenter, Unit 6, Building 11300 at North County Airport,
terminating R2003-1303 on January 31, 2008;
B)
Agreement to Terminate Hangar Lease Agreement with Geosky 3, LLC, Unit 8,
Building 11730 at North County Airport, terminating R2006-1252 on January 31,
2008;
C) Agreement
to Terminate Hangar Lease Agreement with John McEvoy and Mary Jo McEvoy, Unit
14, Building 11750 at North County Airport, terminating R2004-0616 on January
31, 2008;
D)
Agreement to Terminate Hangar Lease Agreement with Trelys, LLC, Unit 9,
Building 11740 at North County Airport, terminating R2006-0655 on February 29,
2008;
E)
North County General Aviation Airport Hangar Lease Agreement with Donald L.
Brady, Unit 8, Building 11730, for one (1) year, automatically renewed at one
(1) year intervals, commencing on February 1, 2008;
F)
North County General Aviation Airport Hangar Lease Agreement with Jacob
Edinger, Unit 11, Building 11750, for one (1) year, automatically renewed at
one (1) year intervals, commencing on January 11, 2008;
G)
North County General Aviation Airport Hangar Lease Agreement with Michael
Machtinger, Unit 8, Building 11350, for one (1) year, automatically renewed at
one (1) year intervals, commencing on February 1, 2008;
H)
North County General Aviation Airport Hangar Lease Agreement with Gary
Reeves, Unit 8, Building 11740, for one (1) year, automatically renewed at one
(1) year intervals, commencing on February 1, 2008;
I)
License Agreement with Vanguard Car Rental USA, Inc., for four (4) weeks,
commencing on January 2, 2008;
J)
Agreement Covering the Operation of Aircraft at Palm Beach International
Airport with GoJet Airlines LLC, for ten (10) months, automatically extended
for a year on a year to year basis, commencing on December 1, 2007; and
K)
General Aeronautical Services Agreement with ReadyJet, Inc., for nine (9)
months, automatically extended for a year on a year to year basis, commencing January
1, 2008.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2004-1367,
R2007-1755, R2007-2070 and R93-801. Countywide
(AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to select: Loop Capital
Markets as Senior Manager and Wachovia Securities and Raymond James as
Co-Managers for the estimated $42 Million Public Improvement Revenue Bonds,
Series 2008 (Convention Center Garage Project). Summary: On
April 10, 2007, the Board approved a Development Agreement with Ocean
Properties, LTD, Convention Center Hotel Development LLC, Convention Center
Residential Development LLC, Convention Center Garage Development LLC, and
Convention Center Tunnel Development LLC to construct the Convention Center
Hotel, Residential Condominiums, garage and tunnel. Bond counsel and disclosure counsel were
previously appointed to provide services for the Hotel project. Staff is in the process of preparing
documents related to the bond issue for the project and recommends that the
Board appoint the underwriting team at this time. The above firms are next on the Senior
Manager Underwriting Rotation List. Countywide
(PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 3 to Contract with Knight
Electric Company, Inc. (R2006-0206) to implement the third renewal of an annual
Electrical contract with a maximum value of $600,000. Summary: Amendment No. 3 is a
renewal to the Annual Contract–Electrical which was awarded to Knight Electric
Company, Inc. as one (1) of four (4) approved contractors. The contractor will continue to perform on
projects for various facilities. The
annual Electrical contract is an indefinite-quantity contract and this renewal
has a maximum value of $600,000. The
renewal term is twelve (12) months or until $600,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the third of four (4) extensions allowed by
the Contract. SBE participation goals for the Electrical contracts are 15%. Knight Electric’s participation for work
orders issued to date is 100%. Work
orders issued to date for all four (4) annual contracts include a combined SBE
participation of 93.7%. (FD&O Admin) Countywide (JM)
2. Staff recommends
motion to approve: Amendment No. 3 to Contract with B.K.
Electric, Inc. (R2006-0205) to implement the third renewal of an annual
Electrical contract with a maximum value of $600,000. Summary: Amendment No. 3 is a
renewal to the Annual Contract–Electrical which was awarded to B.K. Electric,
Inc. as one (1) of four (4) approved contractors. The contractor will continue to perform on
projects for various facilities. This
annual Electrical contract is an indefinite-quantity contract and this renewal
has a maximum value of $600,000. The
renewal term is twelve (12) months or until $600,000 in work orders are
issued. Staff is bringing forward the Amendment
at this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
third of four (4) extensions allowed by the Contract. SBE participation goals for the Electrical
contracts are 15%. BK Electric’s
participation for work orders issued to date is 100%. Work orders issued to date for all four (4) annual
contracts include a combined SBE participation of 93.7%. (FD&O Admin) Countywide (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
3. Staff recommends
motion to approve: Amendment No.
3 to Contract with C.R. Dunn, Inc. (R2006-0203) to implement the third renewal
of an annual Electrical contract with a maximum value of $600,000. Summary: Amendment No. 3 is a
renewal to the Annual Contract–Electrical which was awarded to C.R. Dunn, Inc.
as one (1) of four (4) approved contractors.
The contractor will continue to perform on projects for various
facilities. This annual Electrical
contract is an indefinite-quantity contract and this renewal has a maximum
value of $ 600,000. The renewal term is
twelve (12) months or until $600,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original contract
remain in effect. This is the third of
four (4) extensions allowed by the Contract.
SBE participation goals for the Electrical contracts are 15%. C.R. Dunn’s participation for work orders
issued to date is 0%. Work orders issued
to date for all four (4) annual contracts include a combined SBE participation
of 93.7%. (FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No. 2 to Contract with Farmer &
Irwin Corp. (R2006-2089) to implement the second renewal of an annual HVAC
contract with a maximum value of $1,000,000.
Summary:
Amendment No. 2 is a renewal to the Annual Contract–HVAC which was awarded to
Farmer & Irwin Corp. as one (1) of eight (8) approved contractors. The contractor will continue to perform on
projects for various facilities. The
annual HVAC contract is an indefinite-quantity contract and this renewal has a
maximum value of $1,000,000. The renewal
term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
second of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. Farmer & Irwin’s
participation for work orders issued to date is 0%. Work orders issued to date for all eight (8) annual
contracts include a combined SBE participation of 75.4%. (FD&O Admin) Countywide (JM)
5. Staff recommends
motion to approve: Amendment No.
2 to Contract with E.C. Stokes Mechanical Contractor, Inc. (R2006-2093) to
implement the second renewal of an annual HVAC contract with a maximum value of
$1,000,000. Summary: Amendment
No. 2 is a renewal to the Annual Contract–HVAC which was awarded to E.C. Stokes
Mechanical Contractor, Inc. as one (1) of eight (8) approved contractors. The
contractor will continue to perform on projects for various facilities. The annual HVAC contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,000,000. The renewal term is twelve
(12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
second of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. Stokes’ participation for work orders issued to date is
100%. Work orders issued to date for all
eight (8) annual contracts include a combined SBE participation of 75.4%.
(FD&O Admin) Countywide (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
6. Staff recommends
motion to approve: Amendment No. 2 to Contract with York
International/A Johnson Controls Company (R2006-2092) to implement the second
renewal of an annual HVAC contract with a maximum value of $1,000,000. Summary: Amendment No. 2 is a renewal to the Annual
Contract–HVAC which was awarded to York International/A Johnson Control Company
as one (1) of eight (8) approved contractors. The contractor will continue to perform on
projects for various facilities. This
annual HVAC contract is an indefinite-quantity contract and this renewal has a
maximum value of $1,000,000. The renewal
term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
second of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. York’s participation
for work orders issued to date is 0%. Work
orders issued for date for all eight (8) annual contracts include a combined
SBE participation of 75.4%. (FD&O
Admin) Countywide (JM)
7. Staff recommends
motion to approve: Amendment No.
2 to Contract with Kerney & Associates, Inc. (R2006-2090) to implement the
second renewal of an annual HVAC contract with a maximum value of
$1,000,000. Summary: Amendment
No. 2 is a renewal to the Annual Contract–HVAC which was awarded to Kerney
& Associates, Inc. as one (1) of eight (8) approved contractors. The contractor will continue to perform on
projects for various facilities. This
annual HVAC contract is an indefinite-quantity contract and this renewal has a
maximum value of $1,000,000. The renewal
term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
second of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. Kerney’s
participation for work orders issued to date is 100%. Work orders issued to date for all eight (8) annual
contracts include a combined SBE participation of 75.4%. (FD&O Admin) Countywide (JM)
8. Staff recommends
motion to approve: Third Amendment to the Interlocal Agreement
(R2003-0694) with the Village of Wellington (Village) to lease and maintain a
fuel control reader at the Village’s public works facility. Summary: The
Agreement with the Village, which provides the terms and conditions under
which the County leases and maintains a fuel control reader for the Village at
the Village’s public works facility, will expire on May 20, 2008. The Agreement provides for three (3) - one
(1) year renewals but renewals require approval by both parties. The Village has approved a renewal to extend
the term of the Agreement until May 20, 2009.
The renewal now requires Board approval.
Under the terms of the Agreement, the County provides and maintains the
fuel control reader, provides fuel access cards and monthly fuel accounting to
the Village. In exchange, the Village
pays equipment rental fees and for services provided by the County. In addition, the Village allows PBSO to fuel
at this location which benefits law enforcement efforts. The Agreement may be terminated by either
party, with or without cause, with a minimum of six (6) months notice. (FD&O Admin) District 6 (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
9. Staff recommends
motion to approve: a Lease
Agreement with the Town of Mangonia Park (Town) for approximately 4400 gross
square feet of the Mangonia Park Town Hall, formerly occupied by the Mangonia
Park Police Department, for a PBSO substation.
Summary: On December 27, 2006, the Palm Beach County
Sheriff entered into a Law Enforcement Services Agreement (LESA) with the Town
of Mangonia Park with services commencing February 1, 2007. As the terms of the LESA require the Town to
provide office space to the Sheriff from which to provide services, the County
is leasing the former Mangonia Park Police Department space on behalf of the
Sheriff. The purpose of this Lease is to
describe and detail the specific responsibilities of the Town and County with
respect to the Sheriff’s occupancy of the building. The Lease provides for the use of 4400 square
feet of building space and non-exclusive use of the common areas and parking
areas around the Town Hall. The term of the Lease shall commence upon
execution and extend until the expiration or termination of the LESA or for a
period of twenty (20) years, whichever comes first, unless sooner terminated,
pursuant to the provisions of the lease.
No improvements were required for occupancy by the Sheriff. The annual rent is $1 per year. (FD&O Admin) District 6 (JB)
10. Staff recommends
motion to approve: JOC Work Order No. 08-054 with Holt Contractors,
Inc. (R2007-0947) in the amount of $163,696.80 to provide drainage system
repairs and improvements at the Mecca Farms property. Summary: When site development activities for the
Scripps project were ceased at the end of 2005, the property was left as is,
without restoring the property to its pre-development condition. In order to provide proper drainage of the
site, restoration of some of the previous agricultural ditches and construction
of two new ditches is required. This
work is the minimum required to restore the previously existing drainage
functionality and is being performed in non-jurisdictional areas. The additional work includes: excavating excess fill from the canal on
south side of the property; clearing vegetation from the southern perimeter
ditch; constructing a new drainage ditch to restore outfall from the Mining
Lake; restoring canals feeding east canal; restoring east canal; investigating
leak from NE retention area. The SBE
participation in this Work Order is 100%. When the participation for this Work Order is
added to Holt’s total participation to date, the resulting values are 100%. The SBE goals are 15%. This Work Order requires Board approval since
the total project cost exceeds $200,000 (the original Work Order No. 08-025 for
$51,556.46 was approved on 12/19/07). Funding
for this work is from the existing budget funds established in 2006 for
property management of the site. The
total construction duration is 90 days. This
work will comply with all applicable local, state, and federal codes and
regulations. (FD&O Admin) Countywide/District 6 (JM)
11. Staff recommends
motion to approve: Contract with Carrick Contracting Corporation in the
amount of $1,217,000 for the construction of Carlin Park - Performing Arts
Pavilion. Summary:
This Contract will provide for the construction of an approximately 5,517
square feet outdoor pavilion with ancillary spaces. The SBE goal for this project is 15%. Carrick Contracting Corporation will provide
15.1%. The contract time is 242 calendar
days to substantial completion. (Capital
Improvements Division) District 1 (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
12. Staff recommends
motion to approve: Consultant
Services Authorization No. 1 to Contract with MPA Architects, Inc. (R2007-0394)
in the amount of $180,000 for professional architectural, engineering and
construction administration services for the State Attorney/Public Defender
(SA/PD) Building Hurricane Hardening project.
Summary: This project involves hurricane hardening
design of the existing SA/PD Building including, architectural and engineering
evaluation of the exterior envelope, design development, construction document,
permitting and construction administration.
The retrofit design will comply with current building codes and
standards and provide wind protection to 140 mph. The construction budget is $3,000,000. The primary source of funding for this
project is from a recently approved Grant Agreement with the State of Florida,
Division of Emergency Management. The
SBE participation for this Authorization is 84%. When added to the Consultant’s participation
to date, the resulting SBE participation is 84%. (Capital Improvements Division) District 7 (JM)
13. Staff recommends
motion to approve: a First
Amendment to the Interlocal Agreement (R2005-0981) with the Village of Palm
Springs (Village), for radio maintenance services. Summary: The Agreement with the Village, which
provides the terms and conditions under which the Village receives radio
equipment maintenance services from the County, will expire on May 17,
2008. The Agreement provides for one (1)
- three (3) year renewal but renewal requires approval by both parties. The Village has approved a renewal to extend
the term of the Agreement until May 17, 2011.
The renewal now requires Board approval.
The terms of the Agreement are standard.
The maintenance rates are consistent with those being charged to the
County departments. The Agreement may be
terminated by either party, with or without cause, with a minimum of three (3)
months notice. (FDO/ESS) District 3 (JM)
14. Staff recommends
motion to approve: a Corrective
Sewer Easement Deed in favor of the Loxahatchee River Environmental Control
District (ENCON) to maintain sewer mains at Fire Rescue Station No. 18 located
at Burt Reynolds Park, Jupiter. Summary: On June 18, 2002 (R2002-0958), the County
granted a Sewer Easement Deed to ENCON to provide maintenance services to the
sanitary sewer collection system for the Fire Rescue Station located at Burt
Reynolds Park, Jupiter. This Corrective
Sewer Easement Deed corrects a scrivener's error contained in the legal
description. The sewer easement area is
approximately 12'x381.14', for a total of 4,573.68 square feet (0.105 acres). This Corrective Sewer Easement is a permanent
non-exclusive easement and is being granted to ENCON at no charge, as it will
provide maintenance services to a County facility. (PREM)
District 1 (HJF)
15. Staff recommends
motion to approve: a Corrective
Utility Easement in favor of the Town of Jupiter (Town) to maintain water mains
at Fire Rescue Station No. 18 located at Burt Reynolds Park, Jupiter. Summary: On June 4, 2002 (R2002-0890), the County
granted a Utility Easement to the Town to provide for the right to maintain the
water mains located within the easement areas that serve the Fire Rescue
Station located at Burt Reynolds Park, Jupiter. This Corrective Utility
Easement corrects a scrivener's error contained in the legal description. The utility easement area is 12'x172.53', for
a total of 2,070.36 square feet (0.048 acres).
This Corrective Utility Easement is a perpetual non-exclusive easement
and is being granted to the Town at no charge, as it will provide maintenance
services to a County facility.
(PREM) District 1 (HJF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
16. Staff recommends
motion to approve: a Declaration of Easement on .41 acres of County-owned land on
Jog Road between Okeechobee Boulevard and Belvedere Road, in connection with
Water Treatment Plant No. 8, 1500 North Jog Road. Summary: The Water Utilities Department (WUD) has
requested that a Declaration of Easement be recorded to memorialize the
existence and location of a potable water main, adjacent to the right-of-way of
Jog Road, and the Florida Turnpike Jog Road Interchange. The easement areas are located north of the
Turnpike/Jog Road Interchange; two (2) on the west side of Jog Road and one (1)
on the east side of Jog Road. The
easement areas are: i) 20' x
392.14', containing 7,767 square feet
(.18 acres); ii) 25' x 269.38',
containing 5,062 square feet (.12 acres);
and iii) 24.27' x 211.61', containing 4,704 square feet (.11
acres). The improvements have no impact
on the property’s use as a water retention site controlled by the County’s
Right-of Way Division, which has reviewed and approved the location of the
easement areas. (PREM) District 6 (JMB)
17. Staff recommends
motion to approve: a Utility
Easement Agreement in favor of the Florida Public Utilities Company (FPUC) for
a gas line which will serve an aboveground generator at the PBSO Park Vista
Substation west of Boynton Beach. Summary: The Substation is located at 7894 South Jog
Road, between Hypoluxo Road and Gateway Boulevard. FPUC installed an underground gas line
terminating at an aboveground meter to provide service to a generator connected
to the Substation. The easement area is
approximately 227 feet long and 10 feet wide, and contains a total of 2,270
square feet (0.05 acres). The easement
is non-exclusive and is being granted to FPUC at no charge, as it provides
service to the Substation. (PREM) District 3 (HJF)
18. Staff recommends
motion to approve: the Plat for
South County Regional Park - Parcel A. Summary:
The County is developing the South
County Regional Park - Parcel A property (the Property) for use as a public
park and golf course. The Property
consists of 540.02 acres of land located west of University Drive and north of
Glades Road in Boca Raton. This Plat
will legally establish the boundary of the Property, and is a requirement of
the development process. The County is
signing the Plat as the property owner. (PREM)
District 5 (HJF)
19. Staff recommends
motion to approve: a Declaration
of Easement in favor of Palm Beach County Water Utilities Department to provide
water service to the County's new Hagen Ranch Road Library located in western
Delray Beach. Summary: The County is constructing the Hagen Ranch
Road Library located on the east side of Hagen Ranch Road, approximately one
(1) mile north of Atlantic Avenue in western Delray Beach. As part of the development of this site, the
County installed water main pipes along the southern portion of the property
meandering in a northerly direction, then looping in a westerly direction onto
the County's Fire Rescue Station No. 42 property to make a connection to
existing pipes. The water main easement
is 20' x 1,596.97' and contains 31,939.40 sq. feet (0.733 acres). The Declaration will be recorded to provide
notice of the existence and location of the water main pipes. (PREM)
District 5 (JMB)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
20. Staff recommends
motion to approve: a Declaration of Restrictive Covenant in favor of
the Florida Communities Trust (FCT) encumbering the 1.10 acre addition to DuBois
Park. Summary: The County received a $1,800,000 grant from
FCT for acquisition of a 1.10 acre waterfront property owned by the Susan
DuBois Kindt Estate and entered into a Grant Agreement with FCT (R2006-1315 and
R2007-2045). This property is immediately
adjacent to DuBois Park. The Board
approved the Option Agreement for Sale and Purchase (R2007-2083) to acquire
this property for $3,600,000, with FCT funding half of the purchase price. The Grant Agreement requires the County to
record this Declaration to document the restrictions imposed by the Grant
Agreement. The Grant Agreement restricts
any sale or transfer of the property, operation of concessions by
non-governmental persons or organizations, management contract by
non-governmental persons, any change in character or use of the property from
those approved in the Management Plan, and requires a change in the future land
use designation to limit the use of the property to public outdoor recreation
uses. Default or termination of these
restrictions would require the County to convey the property to the State at no
charge. (PREM) District 1 (HJF)
21. Staff recommends
motion to approve:
A) a Declaration of Easement in favor of Palm
Beach County Water Utilities (WUD); and
B) a Utility Easement Agreement with Florida
Power & Light Company (FPL) for utility service at Greenacres Freedom Park.
Summary:
Greenacres Freedom Park is located at 2400 Pinehurst Drive, south of Forest
Hill Boulevard in the City of Greenacres (City). The Park is owned by the County and managed
by the City per an Interlocal Agreement (R99-1678D). The City constructed a restroom/concession
building and installed soccer field lighting.
Easements are needed for a water line and water meter and for an
underground power line to a surface pad-mounted transformer to serve the new
City-built facilities. Each utility will
connect to the existing water and power lines along Pinehurst Drive. The water
utility easement is 10' x 10' containing 100 square feet. The FPL easement is approximately 430' long
and 10' wide and contains a total of 4,237 square feet (0.097 acres). The FPL easement is non-exclusive and is
being granted to FPL at no charge as it provides service to the County-owned
Park. (PREM) District 2 (JMB)
22. Staff
recommends motion to approve:
a
First Amendment to Agreement for Purchase and Sale with Magno C. Braga and
Marcia S. Braga (R2007-1518) to acquire a 0.25 acre parcel in the Watergate
Mobile Home Estates community in Boca Raton for $136,000. Summary:
On September 11, 2007, the County entered into an Agreement to
purchase a 0.25 acre lot together with a 30-year old mobile home from Mr. and
Mrs. Braga (Seller), located at 10537 West Sandalfoot Boulevard in
unincorporated Boca Raton, for development of a Countywide Community
Revitalization Team (CCRT) neighborhood park.
The County intends to demolish the mobile home, such that it provides no
value to the County. In preparation for
the Closing, it was discovered that the title to the mobile home was never
transferred from the original owner whom the Seller has been unable to
locate. Mobile home lot sales are unique
in that title to the Lot is treated as real property while the mobile home
itself is treated as personal property and titled with DMV similar to a
car. Since the Seller is unable to
transfer clear title to the mobile home, the Seller has offered to reduce the
purchase price from $151,000 to $136,000.
Staff believes that the reduction in the purchase price reasonably
accounts for the reduction in market value due to the inability to convey clear
title to the mobile home. Closing is expected
to take place within thirty (30) days. (PREM) District 5 (JMB)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
23. Staff recommends
motion to approve: a Contract
with Saltz Michelson Architects in the amount of $993,710 for professional
architectural and engineering services, from programming verification through
construction administration for the Four Points Renovations. Summary: As part of the FY ‘08 Capital Improvement
Plan budget cuts, proceeding with this project allows for the elimination of
$20 million in FY 09 funding for the Emergency Operations Center expansion and
the release of $8 million in FY ‘07 funding from the countywide building
hardening account. Specifically, the
scope of the renovations includes: (1) hardening of the exterior envelope,
including roof, windows and doors; (2) emergency power for the entire building;
(3) replacement of the existing HVAC system; (4) office space for new occupants
Head Start Administration, and provisions for the Emergency Operations Support
Facility (EOCSF); (5) revision, as necessary, to the spaces of existing
occupants Purchasing, Office of Small Business, Consumer Affairs, and Youth
Affairs; (6) reconfiguration of core areas to accommodate expanded restrooms;
and, (7) site work to meet current zoning requirements and to implement minor
and necessary parking lot reconfiguration. The estimated construction cost is
$12M. The SBE goal for this project is 15%. Saltz Michelson’s proposal includes
participation of 25%. A Consultant
Services Authorization for renovations at the County’s Cherry Road Complex will
be forthcoming in the future to accommodate the remaining tenant originally
slated for the Four Points Building prior to the project re-scoping. (Capital Improvements Division) Countywide/District 2 (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2007-1984) with Federation
of Families of Palm Beach County, Inc. to change the eligibility requirements
for units of reimbursement. SUMMARY: Federation of Families of Palm Beach County,
Inc. conducts parent training workshops, youth leadership workshops, and a
respite care program for families consisting of parents/caregivers and children
who are experiencing mental disorders, emotional disturbances, and behavioral
at-risk disorders. Amendment No. 001
redefines the reimbursable unit of a family from “a parent/caregiver and at
least 2.5 children” to “a parent/caregiver and at least one child”. The total number of families to be served
under the Agreement will not change. These are federal Community Development
Block Grant funds that require no local match.
Countywide (TKF)
2. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2007-1992) with
The Haven, Inc. for the provision of transitional housing and support services
to abused boys. SUMMARY: The Haven, Inc. operates a 48 bed transitional
housing facility for boys ages 11-18, who are abused and/or neglected by their
families. Amendment No. 001 reduces the
number of persons to be served monthly from forty (40) to thirty-six (36). The reduction is necessitated by the recent
trend of a decrease in the number of children placed in foster/group homes by
the Florida Department of Children and Families (DCF). The reduction in the number of clients to be
served will result in an increase in the rate paid by the County for each
client served from $5.20/person/day to $5.77/person/day. These are federal Community Development
Block Grant funds that require no local match.
Countywide (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to approve: a reimbursement to the Village of Royal Palm Beach in the amount of $45,872. SUMMARY: Approval of this agenda item will reimburse the Village of Royal Palm Beach for expenses already incurred by them in connection with ADA improvements at Preservation 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 October 5, 2004. The Agreement, as amended, expired on September 30, 2006. This reimbursement will pay for work that would have been funded under the Agreement. Their $45,872 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 $45,872 in Federal Community Development Block Grant funds which do not require local matching funds. District 6 (TKF)
4. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2007-1117) with the City of Delray Beach to extend the expiration date from December 31, 2007, to July 31, 2008, for the expenditure of $900,000 in Community Development Block Grant (CDBG) funds. SUMMARY: The Amendment provides an extension of seven (7) months to the term of the existing Agreement for the demolition of Carver Estates in the City of Delray Beach. Carver Estates is a public housing complex that is no longer in use consisting of 15 residential buildings, two (2) administration buildings, and their appurtenances. These buildings, which are owned by the Delray Beach Housing Authority, were damaged by Hurricane Wilma. The time extension is needed to make up for time lost during the bid preparation process, and due to delays caused as a result of several bid amendments. These are Federal funds that require no local match. District 7 (TKF)
5. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2007-1325) with the City of Delray Beach to extend the expiration date from November 15, 2007, to March 15, 2008, for the expenditure of $10,500 in Community Development Block Grant (CDBG) funds. SUMMARY: The Amendment provides an extension of four (4) months to the term of the existing Agreement for the hurricane hardening of the Neighborhood Resource Center in the City of Delray Beach. The work has been delayed while licensing issues were addressed with the winning bidder. These are Federal funds that require no local match. District 7 (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
6. Staff
recommends motion to conceptually approve: the following five (5) affordable housing
projects through the Commission on Affordable Housing’s Single Family
Development (homeownership units)
and Multi-Family Development (rental
units) assistance programs allocating $985,000 for the development of
four hundred ninety-six (496) affordable housing units:
A) New Urban
Community Development Corporation for “Henrietta Townhouses” Matching Request
$350,000 (District 7);
B) New Urban
Communities for “Hammon Park Residential Development” Matching Request $35,000
(District 2);
C) J.K. Roth Real
Estate Development for “an Affordable Housing Project in Pahokee” Matching
Request $200,000 (District 6);
D) Pinnacle Housing
Group & Riviera Beach Housing Authority for “Emerald Palms” Matching
Request $200,000 (District 7); and
E) Cornerstone Group
Development for “Westgate Station” Matching Request $200,000 (District 2).
SUMMARY: These
funding recommendations represent the required local government
match/contribution necessary for each development to qualify for the Housing
Tax Credit Program with the Florida Housing Finance Corporation. The Tax Credit
Program involves a competitive process.
Thus, there is no guarantee these projects will be funded. The
Commission on Affordable Housing Advisory Committee heard presentations from
each developer on January 24, 2008, and recommended the represented funding
allocations. Projects receiving Tax
Credits will be brought to the Board for final approval.
The Single Family Development Assistance Program provides assistance to eligible developers of home ownership developments serving very low, low and moderate-income households. The goal of this strategy is to increase the number of affordable owner occupied housing units available to these income eligible residents. This is achieved through a reduction in the purchase price charged by the builder/developer in response to the amount of SHIP funds provided. The Multi-Family Development Program will provide assistance to developers of affordable rental housing serving low, very low and extremely low income households. The goal of this strategy is to increase the number of affordable rental housing units available to these eligible residents. Districts 2, 6 & 7 (TKF)
7. Staff recommends motion to approve:
a Subordination Agreement with the Florida Housing Finance Corporation and RSG
Boynton Apartment LTD, subordinating the County’s mortgage on the Green Cay
Village Apartments project. SUMMARY: This Subordination Agreement allows the
developer to obtain a State Apartment Incentive Loan (SAIL) from the State of
Florida, and the County’s mortgage will be subordinate to the SAIL. District 4 (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
8. Staff recommends
motion to approve: a
repayment of $32,847 to the State of Florida Hurricane Housing Recovery Program
for nineteen (19) households/individuals.
SUMMARY: This repayment
covers expenditures incurred in the Hurricane Housing Recovery Program through
its Housing Re-Entry/Eviction Prevention strategy during the aftermath of
Hurricane Wilma. The Housing Re-Entry/Eviction Prevention strategy
provided financial assistance of up to $6,500 per eligible household. The assistance provided for security deposits,
utility deposits, temporary storage of household furnishings, relocation
assistance for owner and renters households, homeowner and flood insurance
assistance, homeowners association payments, and rental assistance for
extremely low, very-low and low income households. Staff has since
identified nineteen (19) households and individuals who received financial
assistance totaling $32,847, but failed to complete the eligibility process.
Therefore, according to State statutes, the funds must be repaid. The
source of repayment is program income from HCD’s Universal Housing Trust Fund
with there being no County funds pledged for this repayment. Countywide (TKF)
9. Staff recommends
motion to approve: an Agreement with the McCurdy Senior Housing
Corporation for the purchase and delivery of an emergency generator and roof
mounted HVAC units for an assisted living facility to be constructed in the
City of Belle Glade, in the amount of $250,000 in Community Development Block
Grant (CDBG) funds, for the period of March 11, 2008, through September 30,
2009. SUMMARY: The equipment to be purchased and delivered under this
Agreement will be permanently affixed to the assisted living facility building
which will be located at 1101 Dr. Martin Luther King, Jr., Blvd. West in the
City of Belle Glade. Funding is being
made available under this Agreement to McCurdy Senior Housing Corporation, who
has a controlling interest in McCurdy Center GP, Inc., who in turn will be the
general partner in McCurdy Center, Ltd. (the owner of the land, and the
developer for the assisted living facility). The facility will provide services
to residents who are at or below 60% of the median income for the area. This
Agreement will provide $250,000 in Federal CDBG funds which do not require
local matching funds. District 6 (TKF)
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: the voluntary annexation of a parcel owned by Palm Beach
County into the City of West Palm Beach.
SUMMARY: Palm Beach County
requests to voluntarily annex a County-owned property into the City of West
Palm Beach. The 0.042-acre parcel, as
described in Attachment A of the Item, is a County-owned lift station
maintained by the Palm Beach County Water Utilities Department (PBCWUD) and
will otherwise be an unincorporated enclave when the adjacent property to the
east is voluntarily annexed into the City.
Pursuant to the Interlocal Agreement between Palm Beach County and the
City of West Palm Beach regarding Water and Wastewater Service Area dated
December 20, 2005 (County Resolution No. R2005-2445), the property is within
the PBCWUD water and wastewater service area and will remain in the County’s
water and wastewater service area following the annexation. By signing the voluntary annexation petition,
Palm Beach County does not transfer ownership rights for the parcel, but rather
consents to the property being annexed into, and included within, the municipal
boundary of the City of West Palm Beach. The annexation has been processed
through the County’s review departments, including Fire Rescue, Engineering,
Planning, Zoning, Environmental Resources Management, Parks and Recreation, Water
Utilities, County Attorney, Property and Real Estate Management and the Office
of Financial Management and Budget departments.
None of the departments are opposed to the annexation. The proposed annexation meets the
requirements of Chapter 171, F. S. and is consistent with the Intergovernmental
Coordination Element, Objective 1.4, of the County’s Comprehensive Plan. District 2 (RB)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING (Cont’d)
2. Staff recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
adopting a Participating Resolution, authorizing Palm Beach County, Florida to
allow the City of South Bay (requesting municipality) to participate in the
negotiation process for the Interlocal Service Boundary Agreement between Palm Beach
County and the City of Belle Glade, pursuant to Chapter 171, Part II, Florida Statutes;
and providing an effective date. SUMMARY: In November of
2007, the City of Belle Glade adopted an Initiating Resolution pursuant to
Chapter 171, Part II, F.S., as a first step in the process of completing an Interlocal
Service Boundary Agreement for an area designated outside of the boundaries of
the City. Palm Beach County then adopted
a Responding Resolution in December of 2007, to begin the negotiation
process. Thereafter, the City of South
Bay requested to be included in the negotiation process, considering that the
southwest portion of the boundary is within South Bay’s future annexation area,
by adopting a Requesting Resolution in January of 2008. This Participating Resolution provides County agreement for South
Bay to participate in the negotiations. The provisions of this
resolution shall become effective upon adoption by
the Board of County Commissioners and approval of a Participating Resolution by
the City of Belle Glade. It is anticipated that the City of Belle Glade
will adopt a participating resolution in the near future. The area subject to the proposed agreement is
depicted in Exhibit A of the Resolution.
By adopting this Resolution, the negotiation process can begin. The County is not obligated to enter into the
Interlocal Agreement. The Resolution
does not annex any property at this time.
Planning staff will work closely with key County agencies and the staffs
and consultants from both cities during the six months following the adoption
of the Resolution to develop an agreement that will be presented to the Board
at a later date. District 6 (RB)
3. Staff recommends motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, adopting a
Responding Resolution, authorizing Palm Beach County, Florida to commence the negotiation
process for an Interlocal Service Boundary Agreement between Palm Beach County and
the City of Greenacres, pursuant to Chapter 171, Part II, Florida Statutes; and
providing an effective date. SUMMARY:
On February 4, 2008, the City of Greenacres adopted an Initiating Resolution No. 2008-05 pursuant to Chapter 171, Part II, F.S.,
as a first step in the process of completing an Interlocal Service Boundary
Agreement for an area designated outside of the boundaries of the City, within
the City’s future annexation area. The
area subject to the proposed agreement is depicted in Exhibit A of the Resolution.
This Resolution also identifies issues that may be negotiated during the
agreement process, including identifying service providers and possible planned
improvements. Additionally, the City of
Atlantis, the Village of Palm Springs and the Town of Lantana are invited to
participate in the negotiations, as their municipal borders and/or the future
annexation areas are contiguous or within the area subject to the proposed
agreement. By adopting this Resolution,
the negotiation process can begin, however, the County is not obligated to
enter into the Interlocal Agreement. The
Resolution does not annex any property at this time. Planning staff will work closely with key
County agencies and City staff during the six (6) months following the adoption
of the Responding Resolution to develop an Interlocal Agreement, which will be
subsequently presented to the Board at a later date. Districts 2, 3 & 6 (RB)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) First Amendment to Agreement of Purchase
and Sale of Water and Wastewater Assets between the County and Village of Royal
Palm Beach; and
B) First Amendment to Transition Agreement
between the County and Village of Royal Palm Beach.
SUMMARY: The
County and Village entered into an Agreement of Purchase and Sale of Water and
Wastewater Assets on February 26, 2006 (R2006-0410) in which Village agreed to
sell the majority of its utility system assets to the County. The County and Village also entered a
Transition Agreement (R2006-2660) regarding certain issues involved in the
transition of the Village utility system assets to County. Under the terms of both agreements, the
County was to abandon the Village's wastewater treatment plant by a certain
date. Both of the agreements are being
amended to extend the abandonment date until April 30, 2008. District
6 (MJ)
2. Staff recommends
motion to approve: a Wastewater Development Agreement with Sunsport
Gardens, Inc. SUMMARY: Sunsport Gardens, Inc. (Sunsport) owns
property (Property) located at 14125 North Road within the Town of Loxahatchee
Groves’ (Town) municipal limits and operates an ongoing business enterprise on
the Property. The Health Department
permit for Property’s existing wastewater treatment system is up for renewal
and Sunsport has concluded that its best long-term option for wastewater
service to the Property is permanent connection to an external wastewater
system. They have approached the Water
Utilities Department (Department) regarding connection to the Department’s
wastewater collection system (System) that runs along the Property’s southern
and eastern borders. Due to Property’s
location and the location of the wastewater connection, approval for connection
is required from, and has been granted by, the Town. In addition, the Property’s connection to the
System requires Sunsport to install facilities within easements possessed by
the Indian Trail Improvement District (ITID).
The County’s obligations under this Agreement are specifically
contingent upon Sunsport to secure all necessary approvals from ITID. District 6 (MJ)
3. Staff recommends
motion to approve: a Potable Water and Wastewater Development Agreement
(Agreement) with Aspen Square, LLC. SUMMARY: Aspen Square, LLC (Aspen) owns property
located west of Sims Road, and south of Lake Ida Road. In order to provide potable water and
wastewater concurrency reservations for new developments, the Department
requires property owners to enter into a formal development agreement with the
Department. While the Department
Director has been delegated the authority to enter into Standard Development
Agreements (SDA’s), Board approval is being sought in this case due to the
nature of the off-site improvements associated with this Agreement. The Department has requested that Aspen
extend additional wastewater force main and related appurtenances not required
to serve this property to meet the Utility Master Plan routing required to
ensure the long-term operability and integrity of the County utility
system. The special conditions in this
Agreement require Aspen to design and install approximately 2,000 feet of 6”
off-site wastewater force main and related appurtenances in the Lake Ida Road
right-of-way. The Department will
reimburse Aspen for 50% of the related cost of off-site improvements through
the use of Connection Fee credits and/or cash payments of approximately
$23,000, calculated utilizing 50% of the actual quantities of pipe installed
and documented by the developer’s Engineer in accordance with the standard
formulas previously approved by the Board in the Department’s Uniform Policies
and Procedures Manual (UPAP). District
5 (MJ)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
4. Staff recommends motion to approve: Change
Order No. 6 to the Contract with Poole and Kent Company, Inc. (R2005-1928) for
the Lake Region Water Treatment Plant (LRWTP) increasing the contract price by
$500,000. SUMMARY: This
Change Order authorizes the Contractor to accelerate construction of certain
portions of the Water Treatment Plant in order to endeavor to make potable
water available for distribution to the three (3) Cities by March 31, 2008 and
is fully funded by the South Florida Water Management District (SFWMD). Total
change orders to date equal a credit of $6,922,908.40 (35.09% decrease). The Small Business Enterprise (SBE) participation
goal established by the SBE Ordinance is 15.0% overall. The contract with the Poole and Kent
Company, Inc. provides for SBE
participation of 15.92% overall. This Change Order includes zero overall SBE
participation. The contractor’s
cumulative SBE participation, including this change order is 31.91% overall.
(WUD Project No. 03-169) District 6 (JM)
5. Staff recommends
motion to approve: Change Order No. 1 with Southeast Drilling
Services, Inc. for the Systemwide Wellfield Improvement Project increasing the
Contract (R2006-2473) by $1,903,856 and increasing the contract time by 290
calendar days. SUMMARY: On
November 21, 2006, the Board approved the contract for the Systemwide Wellfield
Improvement Project (R2006-2473) with Southeast Drilling Services, Inc. for constructing four (4) new Surficial
Aquifer wells at WTP 3, re-drilling of five (5) existing wells at WTP 9,
replacement of two (2) dual zone monitoring wellheads at ECR, and installing
new pumps, motors and mechanical and electrical equipment on seven existing
wells. Change Order No. 1 provides for four
(4) additional wells at WTP 3 to meet the ever increasing demands for water and
system reliability, the re-drilling and enlargement of four (4) existing wells
at WTP 9 in the same borehole utilizing the existing easement, electrical,
mechanical, and piping for the golf course wells; the repair of existing well 5
at WTP 3; plugging and abandonment of 20 pad monitoring wells at the deep
injection well systems; and miscellaneous site work, wellheads, well casings,
well screens, electrical issues. The
contract time is being increased by 290 calendar days to accommodate the additional
time required for completion of the aforementioned tasks. The Small Business Enterprise (SBE) participation
goal established by the SBE Ordinance is 15.0% overall. The contract with Southeast Drilling
Services, Inc. provides for SBE
participation of 19.32% overall. This Change
Order includes zero overall SBE participation. The contractor’s cumulative SBE participation,
including this change order is 13.18% overall. Southeast Drilling Services, Inc. has been
recently approved as a Small Business Enterprise. (WUD Project No. 05-041) District 2, 3, & 6 (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
6. Staff recommends
motion to receive and file: One
(1) Standard Development Agreement and two (2) Standard Development Renewal
Agreements complete with executed documents received during the months of
December 2007 and January 2008:
Standard Development Agreement
A) Pinecrest
Developers Ltd., Co. 02-01118-000
Standard Development
Renewal Agreement
B)
Brown Landholding, Inc. 01-01099-R01
C)
HomeDevco/Tivoli Lakes, LLC 05-01051-R01
SUMMARY: The terms and conditions for Standard Development
Agreements are outlined in the Water Utilities Department’s Uniform Policies
and Procedures Manual. The Board of
County Commissioners delegated the authority to execute various types of
Standard Development Agreements to the Department Director including potable
water and wastewater agreements (R93-1619); reclaimed water agreements
(R96-0228); and additional conditions for potable water, wastewater, and
reclaimed water agreements (R2003-0539).
After these agreements are executed by the developer and the Department,
they must be recorded by the County Clerk’s Office. This agenda item recommends
the Board receive and file the agreements so they may be properly recorded. Countywide (SF)
7. Staff recommends
motion to receive and file: four (4)
Unilateral Termination and Partial Release of Standard Potable Water and
Wastewater Development Agreements due to non-renewal for the following property
owners:
Termination
of Standard Development Agreements
A) Robin
Singer & Associates, LLC 01-01093-000
B) Shih C. Ching 02-01061-000
C) A.L. Spencer, Kevin Kelly, Kathleen
K. Dudro,
Leo B. Kelly, Kristin S. Gailey, Jeffrey S.
Shannon,
Matthew C. Shannon, Robert E. Alspaugh,
Todd H. Weaver, Russell L. Seaver, Adience Company,
L.P.,
Employees Profit Sharing Plan, 247 Equipment Co.,
Inc. 401K
Plan F/B/O Albert A. Novak, DMDJ Partners, L.P.
and
AMKBJ Partners Ltd. 02-01062-000
D) Coastal One Management, Inc. 02-01064-000
SUMMARY: The terms and conditions for Standard and
Non-Standard Development Agreements are outlined in the Water Utilities
Department’s Uniform Policies and Procedures Manual (UPAP). Development Agreements are valid for a period
of five (5) years and may be renewed for an additional five (5) years by paying
an additional Mandatory Agreement Payment (MAP). If the additional MAP is not paid or the
Agreement has reached its ten (10) year expiration date, the Agreement is
terminated. This agenda item recommends the Board receive and file the
terminations. Countywide
(SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the Clerk to
disburse $150,000 from the Pollution Recovery Trust Fund (PRTF) for the
restoration of freshwater habitats on public lands in Palm Beach County; and
B) approve a $150,000 Budget Transfer
within the Pollution Recovery Trust Fund (PRTF) from reserves for restoration
of Chain of Lakes uplands.
Summary: This Resolution will authorize the transfer of $150,000 from the PRTF reserves for Chain of Lakes upland restoration to eradicate exotic vegetation and assure the success of planting native vegetation on public lands. Districts 2, 3 & 4 (SF)
2. Staff recommends motion to:
A) approve five (5) contracts with the
US Department of Agriculture (USDA) for $128,490 in cost sharing for qualified
land management activities on Natural Areas under the Wildlife Habitat
Incentives Program (WHIP), expiring September 30, 2013;
B) approve a Budget Amendment of $128,490 in the Natural Areas Fund to establish a revenue budget from USDA; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with the USDA agreements and necessary amendments that do not change the scope of work or terms and conditions of the agreements.
Summary: WHIP is administered by the Natural Resources Conservation Services (NRCS) for USDA to cost share in activities which improve wildlife habitats. ERM will be reimbursed 75% of costs such as exotic species control, habitat restoration, and prescribed burning on five (5) Palm Beach County natural areas for an amount not to exceed $128,490 (Yamato Scrub $34,999, Juno Dunes $34,987, Hypoluxo Scrub $20,819, Seacrest Scrub $17,139, and Highridge Scrub $20,546). The County match of $42,830 is available in the Natural Areas Fund. Countywide (SF)
3. Staff recommends motion to approve: Budget Amendment of $800,000 in the Capital Outlay Fund to establish revenue budget for the Florida Department of Environmental Protection (FDEP) to fund invasive plant removal with Task Assignments No. SE-119 ($200,000) and SE-120 ($200,000) for the Loxahatchee Slough, No. SE-121 ($200,000) for the Pine Glades Natural Area, and No. SE-122 ($200,000) for the Cypress Creek Natural Area. Summary: Task Assignments No. SE-119, SE-120, SE-121 and SE-122 to FDEP Contract No. SL898 (R2001-0772) for $200,000 each have been received from FDEP, under the Bureau of Invasive Plant Management Program. The Task Orders are effective August 20, 2007 through May 31, 2008, for invasive plant control in the Loxahatchee Slough, Pine Glades and Cypress Creek Natural Areas. This item will establish budget for the amount of each Task Assignment. District 1 (SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) approve a Contract in the amount of $67,200 with Harbor Branch Oceanographic Institute at Florida Atlantic University (FAU/HBOI) to conduct oyster monitoring in Lake Worth Lagoon (LWL); and
B) authorize the County Administrator, or his designee, to sign all
future time extensions, task assignments, certifications, and other forms
associated with the Contract, and necessary minor amendments that do not change
the scope of work or terms and conditions of the Contract.
Summary: The Contract authorizes FAU/HBOI to monitor three (3) oyster reef sites located within the LWL as part of the monitoring efforts described in the revised Lake Worth Lagoon Management Plan (LWLMP) 2007. The Contract expires June 30, 2009. In South Florida, restoration of oyster populations is an important component and metric for the northern estuaries within Comprehensive Everglades Restoration Program (CERP). Funding is provided through the Florida Department of Environmental Protection Contract no. LP6046 (R2006-0583; R2007-2279) Countywide (SF)
5. Staff recommends motion to approve: Interlocal Agreement (Agreement) with the Town of Jupiter (Town) for management of the Jupiter Ridge Natural Area (Natural Area), a 273-acre tract of environmentally sensitive land located within the Town. Summary: On September 3, 1996, the County entered into an Interlocal Agreement with the Town (R96-1227D) to manage the Natural Area with the assistance of the Town. Because of the number and types of changes needed to update the Agreement, staff determined that it would be more appropriate to prepare a new Agreement than to revise the existing Agreement. On March 13, 2007, the Board accepted donation of a 0.99-acre preserve parcel from Tierra del Sol at Jupiter, LLC (Tierra del Sol) to be added to the Natural Area and also accepted a conservation easement over a portion of the Town's Riverwalk multiuse pathway on the adjacent Tierra del Sol property for access to the preserve area for management purposes. The Easement was conveyed to the County on November 9, 2007 and the preserve parcel was conveyed on January 25, 2008. Town of Jupiter Resolution 12-06, as amended by Resolution 112-06, required Stateside Jupiter, Ltd., Tierra del Sol's predecessor, to construct or provide funding for the construction of an approximately 330-foot-long section of the Riverwalk on a portion of the Natural Area, as a condition of site plan approval. The State, which owns most of the Natural Area and leases it to the County for management (Lease No. 4004, as amended), has granted permission for this work, which will be done by Tierra del Sol with County and Town supervision. The County will manage that portion of the Riverwalk in cooperation with the Town as part of the public access facilities on the Natural Area. The new Agreement will be included in the first revision of the management plan for the Natural Area, which is due to the State for review in 2008. District 1 (SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends motion to:
A) approve Agreement No. 4600001246 with the South Florida Water Management District (SFWMD) for the Sandhill Crane East - Loxahatchee Slough Restoration Phase I, commencing upon execution in FY2008 for a period of one (1) year in an amount not-to-exceed $250,000;
B) approve Budget Amendment of $250,000 in the Capital Outlay Fund to recognize the Contract revenue for the Sandhill Crane East – Loxahatchee Slough Restoration Phase I Project; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work or terms and conditions of this Agreement.
Summary: The Loxahatchee River Preservation Initiative grant provides $250,000 in funding for the Project on a reimbursement basis. The County’s share of the $500,000 project cost is $200,000 provided from the Natural Areas Fund and $50,000 in-kind. The Project match is budgeted as current encumbrances and salaries. The proposed restoration activities for Phase I of the Project include: 1) mechanical removal of exotic vegetation, primarily Australian pine, from the spoil piles that were excavated along two (2) parallel ditches (2.7 miles in length) and along perimeter ditches (8.5 miles), and 2) ground control treatment of exotic vegetation (primarily Brazilian Pepper, Climbing Fern, and Australian Pine) for a portion of the project area. District 1 (SF)
7. Staff recommends
motion to approve: a Budget
Transfer of $236,701 in the Capital Outlay Fund between Natural Area Projects
to reallocate funding. Summary: A
Budget Transfer in the Capital Outlay Fund will provide $172,217 funding for
Environmental Restoration activities from the Ocean Ridge Natural Area account,
closing that project, and $8,510 from the High Ridge Scrub account and $5,974
from C-18 Triangle account for the Delaware Scrub Natural Area account, closing
the aforementioned projects. The Pond
Cypress Natural Area account will be reduced by $50,000 providing $30,000 for
the Delaware Scrub Natural Area account re-aligning funding for public access
currently under design, and $20,000 for the Hypoluxo Scrub Natural Area account
re-aligning funding for restoration irrigation. Remaining funds in the Pond
Cypress Natural Area account will be sufficient to complete construction by
fiscal year end. Districts 1,
3, 4 & 6
(SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff recommends motion to:
A) approve Loxahatchee River Preservation Initiative Contract SAP No. 4600001245 with the South Florida Water Management District (District) for the Palm Beach County Limestone Creek Phase III Restoration Project, commencing upon execution in FY 2008 for a period of one (1) year, in an amount not-to-exceed $325,000;
B) approve Budget Transfer of $325,000 in the Natural Areas Fund from Reserves for Improvements to transfer to the Capital Outlay Fund to provide matching funds for the project;
C) approve Budget Amendment of $650,000 in the Capital Outlay Fund to recognize the contract revenue ($325,000) and a transfer from the Natural Areas Fund ($325,000) for a total of $650,000 for the Limestone Creek Natural Area Restoration Project; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
Summary: State matching funds, through the Loxahatchee River Preservation Initiative (LRPI) which are administered by the District, were requested. The LRPI Contract will provide $325,000 in funding for the Limestone Creek Phase III Restoration Project (Project), on a reimbursement basis. The County’s share of the $650,000 total project cost is $325,000 provided from the Natural Area Fund. Phase III of the Limestone Creek Restoration Plan will include construction of the oxbows/littoral shelf designed in Phase II of the restoration plan. The Project will provide enhancement of water resources benefiting the Loxahatchee River, including an inter-tidal mangrove wetland and essential wildlife habitat for fish, and migratory bird species. An American’s Disabilities Act accessible canoe/kayak launch will be constructed to provide an additional passive recreational use for the local community. District 1 (SF)
9. Staff recommends motion to approve: Budget Transfer of $22,200 in the Economic Development Fund from the Office of Economic Development to the Department of Environmental Resources Management (ERM) to allocate grant funds for the construction of a trailhead as partial implementation of the Palm Beach County Lake Okeechobee Scenic Trail (LOST) Tourism Enhancement Master Plan from the Lake Okeechobee Scenic Trail account. Summary: The transfer between departments will allow ERM to manage an additional $22,200 portion of a grant award from the Florida Department of Environmental Protection for the construction of a trailhead adjacent to the Herbert Hoover Dike as part of the LOST Tourism Enhancement Master Plan. Matching funds were provided retroactively from park improvements between FY 2004 and FY 2006. District 6 (SF)
10. Staff recommends motion to approve: an Interlocal Agreement with the City of Boca Raton (City) for the management of the 79-acre Pondhawk Natural Area. Summary: The current Interlocal Agreement was approved by the County on October 22, 2002 (R2002-1928) and provides that the City will assist the County with the management of the Pondhawk Natural Area. The updated Interlocal Agreement contained in this item reiterates the respective management duties of the City and County. It also includes a section for Public Access/County Improvements; provides revised information related to the Blue Lake Pathway construction; and updates information related to the receipt of the Florida Communities Trust grant. District 4 (SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
11. Staff recommends
motion to approve:
A) an Interlocal Agreement with the Jupiter Inlet District (JID) for funding and cooperation with permit-required sea turtle and environmental monitoring on Jupiter Beach, expiring October 31, 2018; and
B) an Interlocal Agreement with the Florida Inland Navigation District (FIND) for funding and cooperation with permit-required sea turtle and environmental monitoring on Jupiter Beach, expiring October 31, 2018.
Summary: These Interlocal Agreements provide for
an equitable cost-share of monitoring activities required by permits issued for
regular maintenance dredging of the Jupiter Inlet and associated sand trap and
the nearby Atlantic Intracoastal Waterway (AICW). A Budget Amendment will be submitted when the
Task Order for sea turtle monitoring is executed and the cost-shares have been
determined. District 1 (SF)
12. Staff
recommends motion to approve:
A) annual Contract with Taylor Engineering, Inc. (Taylor) for continuing professional coastal and marine engineering consultant services, effective for two (2) years retroactively from March 1, 2008, through February 28, 2010; and
B) Task Order Taylor-01 to the annual Contract with Taylor in the amount of $316,582
for sea turtle monitoring services in northern Palm Beach County retroactive to
March 1, 2008.
Summary: The consultant will
provide professional coastal and marine engineering services on a task order
basis for various projects within the Department of Environmental Resources
Management and other departments. Taylor
has agreed to Small Business Enterprise (SBE) and/or Minority and Women
Business Enterprise (M/WBE) participation of 15%. The Contract contains an option to renew for
one (1) additional year. Task Order
Taylor-01 authorizes Taylor to manage sea turtle monitoring along 11 miles of
beach for the 2008 sea turtle nesting season.
Monitoring of the Juno Beach project area, included in this Task Order,
is eligible for cost-sharing with the state.
Monitoring of the Jupiter project area will be eligible for cost-sharing
with Jupiter Island District (JID) and Florida Inland Navigation District (FIND). Monitoring of the Singer Island project area may
be eligible for cost-sharing with the state.
There is 0% SBE-MBE subconsultant participation on this Task Order. Countywide/District 1 (JM)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to:
A) ratify the signature of the Chairperson of the Board of County
Commissioners on a Community Development Block Grant (CDBG) application,
submitted to Palm Beach County Housing and Community Development (HCD) on
January 3, 2008, requesting $200,000 for Westgate Park and Recreation
Center Splash Playground to be matched with $125,075 from the Park Improvement
Fund Countywide Community Revitalization Team (CCRT) allocation and $74,925 in
CCRT funding;
B) adopt
Resolution for assistance under the
CDBG for grant funding for Westgate Park and Recreation Center Splash
Playground in the amount of $200,000;
C) authorize the County Administrator or his designee to
execute the grant project agreement and all future time extensions, task
assignments, necessary minor amendments, and any other necessary forms and
certifications during the term of the Agreement that do not change the scope of
work or terms and conditions of the Agreement if the grant is approved; and
D)
authorize
the Director of the Parks and Recreation Department to serve as Liaison Agent
with HCD for this project.
SUMMARY: The application requests $200,000
from CDBG toward the construction of the Westgate Park and Recreation Center
Splash Playground. District 2 (AH)
2. Staff recommends
motion to approve: Agreement
with Chamber of Commerce of the Palm Beaches, Inc. for the period March 11,
2008, through April 15, 2008, in an amount not-to-exceed $15,000 for funding of
the Kids K and Kids Marathon Mile events.
SUMMARY: This funding is to help offset costs
for Chamber of Commerce of the Palm Beaches, Inc.’s Kids K and Kids Marathon
Mile events offered as a part of the fourth annual Marathon of the Palm
Beaches. Approximately 2,500 children
and youth participated in the events. The Agreement allows for the reimbursement
of eligible pre-Agreement expenses incurred subsequent to September 1,
2007. Funding is from the Recreation
Assistance Program (RAP) District 2 Funds.
District 7 (AH)
3. Staff recommends
motion to approve: Agreement
with Delray Beach Arts, Inc. for the period March 11, 2008, through June 15,
2008, in an amount not-to-exceed $11,000 for funding of the 2008 Delray Beach
Garlic Fest. SUMMARY: This funding is to help offset costs for
the Delray Beach Garlic Fest held in Old School Square on February 8 through
10, 2008. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to January 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 4 ($5,000) and District 7($6,000) Funds. District 7 (AH)
4. Staff recommends
motion to approve: Agreement
with Boca Raton Philharmonic Symphonia, Inc. for the period March 11, 2008,
through July 30, 2008, in an amount not-to-exceed $5,000 for funding of the
American Music Celebration concert. SUMMARY: This funding is to help
offset costs for the American Music Celebration concert being held at the
Mizner Park Amphitheatre in Boca Raton on April 18, 2008. The concert is anticipated
to be attended by approximately 3,000 people.
The Agreement allows for the reimbursement of eligible pre-Agreement
expenses incurred subsequent to January 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 4 Funds. District
4 (AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-1555) with Expanding and
Preserving Our Cultural Heritage, Inc. for funding of a stage for the Spady
Living Heritage Day Festival. SUMMARY: This fully executed First Amendment to
Agreement in an amount not-to-exceed $1,600 extends the project completion date
from September 30, 2007, to February 15, 2008, and the term of the Agreement
from December 30, 2007, to February 15,2008, in order to allow additional time
to accommodate dates of payments 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 funding amount, remain the same.
Funding for the project is from the Recreation Assistance Program (RAP)
District 4 Funds. District 7
(AH)
6. Staff recommends
motion to approve: Agreement with the City of Delray Beach for
the period March 11, 2008, through June 3, 2008, in an amount not-to-exceed
$3,000 for funding of the Delray Rocks Youth Organization’s football and
cheerleading trip. SUMMARY: This
funding is to offset expenses paid by the City of Delray Beach for the Delray
Rocks Youth Organization’s trip to participate in the National Youth Football
Championships in Daytona Beach from November 21 through November 24, 2007. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to November 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District 7 (AH)
7. Staff recommends
motion to receive and file: First
Amendment to Agreement (R2007-0996) with Redemptive Life Fellowship, Inc. for
black history tours. SUMMARY: This
fully executed First Amendment to Agreement in an amount not-to-exceed $9,100
expands the project time frame from April 1, 2007, through July 30, 2007, to
March 20, 2007 through February 28, 2008, and extends the term of the Agreement
from October 30, 2007, to February 28, 2008 in order to allow additional time
to accommodate dates of payments. 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 funding amount of $9,100, remain the same. Funding for the project is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
8. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-1000)
with the City of Pahokee for funding of 4th of July fireworks. SUMMARY: This fully executed First
Amendment to Agreement in an amount not-to-exceed $5,000 extends the
project completion date from August 1, 2007, to August 31, 2007, and the term
of the Agreement from November 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)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
9. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-1734)
with South Florida Science Museum, Inc. for the 2007 Summer Camp Program. SUMMARY:
This fully executed First Amendment to Agreement in an amount
not-to-exceed $10,000 expands the project time frame from June 4, 2007 through
August 21, 2007, to May 1, 2007 through April 1, 2008, and extends the term of
the Agreement from November 21, 2007, to April 1, 2008 in order to allow
additional time to accommodate dates of payments and complete 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 funding amount of
$10,000, remain the same. Funding for
the project is from the Recreation Assistance Program (RAP) District 2
Funds. District 2 (AH)
10. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Atlantic
Community High School in an amount not-to-exceed $5,000 for the Girls
Basketball Program. SUMMARY: This fully executed Request for Funding Form
is for a School Board RAP allocation made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003‑1747), as amended.
Funding is from the Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
11. Staff recommends
motion to receive and file: Palm
Beach County Florida Boating Improvement Program Project Agreement with
the Town of Jupiter in an amount not‑to‑exceed $250,000 for funding
of the Sawfish Bay Park project. SUMMARY: This fully executed Agreement was
executed by Dennis L. Eshleman, as authorized signatory for PBC-FBIP Agreements
meeting criteria as delineated in R99-77, which established guidelines for the
Palm Beach County - Florida Boating Improvement Program (PBC-FBIP). The Agreement is for an eligible boating-related
project which includes construction of restrooms, a dock/seawall, a canoe/kayak
launch area, and 28 parking/access spaces.
Pre-Agreement costs incurred subsequent to November 1, 2006, are
eligible for reimbursement. The funding
for this project was approved during the FY 2007 budget process. District 1 (AH)
12. Staff recommends
motion to receive and file: original
executed Request for Funding Form for School Board Recreation Assistance
Program (RAP) project for Alexander W. Dreyfoos, Jr. School of the Arts in an
amount not-to-exceed $20,000 for funding of the Artist-in-Residence and Arts
Primer programs. SUMMARY: This fully executed Request for Funding Form
is for School Board RAP allocations made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003‑1747), as amended.
Funding is from the Recreation Assistance Program (RAP) District 2 Funds. District 7 (AH)
13. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Poinciana
Elementary School in an amount not-to-exceed $1,500 for the purchase of the
American Sign Language program. SUMMARY: This fully executed Request for Funding Form
is for School Board RAP allocations made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003‑1747), as amended.
Funding is from the Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
14. Staff recommends
motion to receive and file: original
executed Request for Funding Form for School Board Recreation Assistance
Program (RAP) project for Gold Coast School of Choice in an amount
not-to-exceed $10,000 for funding of the Intergenerational Bonding Program and
Soup Kitchen. SUMMARY: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747), as amended. Funding is from the Recreation Assistance
Program (RAP) District 2 Funds. District
2 (AH)
15. Staff recommends
motion to:
A)
ratify the Chairperson’s signature on a Florida Department of State – Division
of Historical Resources Small
Matching Historic Preservation Grant-in-Aid Grant Application
requesting $50,000 for renovation of the DuBois Pioneer Home in DuBois Park;
B) authorize the County
Administrator or his designee to execute the funding agreement, as well as task
assignments, certifications, standard forms, or amendments to the agreement
that do not change the scope of work or terms and conditions of the agreement,
if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with the Florida
Department of State for this project.
SUMMARY: This Grant Application
requests $50,000 for Phase I restoration of the DuBois Pioneer Home. The house
will be renovated in three (3) phases.
Phase I will concentrate
on restoring the house’s exterior and structural integrity. Improvements will include repair or
replacement of the roof, wood shake siding, doors, porch and breezeway
areas. The estimated cost of Phase I is
currently $492,111. The remaining phases
will include restoring the interior, upgrading electrical, plumbing, and
mechanical systems, and the addition of ADA accessible ramps to provide access
to the site for educational and/or historic touring purposes. District
1 (AH)
16. Staff recommends
motion to approve: Budget Transfer of $154,529 in Park
Improvement Fund from the Florida Boating Improvement Program reserve to Lake
Ida Park boat ramp improvements. SUMMARY: This Budget Transfer will provide the
funding necessary to renovate the two (2) existing boat ramps on the west side
of Lake Ida Park. Funding is from the
Park Improvement Fund Florida Boating Improvement Program reserve. District 4 (AH)
17. Staff recommends
motion to approve: Agreement
with Palm Beach County MTA, Inc. for the period March 11, 2008, through July
30, 2008, in an amount not-to-exceed $5,000 for funding of the 2007 Music
Teachers Association’s annual conference. SUMMARY: This funding is to help offset costs for
the Florida Music Teachers Association’s annual conference held in Boca Raton
on October 18-21, 2007. The conference
was hosted by Palm Beach County MTA (Music Teachers Association), Inc. and was
attended by approximately two hundred (200) music teachers and interested
parties from throughout the State. The Agreement allows for the reimbursement
of eligible pre-Agreement expenses incurred subsequent to September 9, 2007.
Funding is from the Recreation Assistance Program (RAP) District 4 ($2,500) and
District 7 ($2,500) Funds. District 4
(AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
18. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of January:
A) Rosa Lowe, Introduction to Drama, West Jupiter Recreation Center;
B) John Bishop, Wheelchair Rugby Referee, Therapeutic Recreation Complex;
C) Kerin Banfield, Wheelchair Rugby Referee, Therapeutic Recreation
Complex;
D) Bernard Crawford, Wheelchair
Rugby Referee, Therapeutic Recreation Complex;
E) Rupert Smith, Wheelchair Rugby
Referee, Therapeutic Recreation Complex;
F) Jill Porter, Senior Water
Aerobics Instructor, Therapeutic Recreation Complex;
G) Clare Buckland, Yoga Instructor, Therapeutic Recreation Complex;
H) Susan Allshouse, Tennis
Instructor, West Boynton Park and Recreation Center;
I) Caroline Andre, Cheerleading
Coach, Westgate Park and Recreation Center;
J) Aaron Banfield, Wheelchair Rugby
Official, Therapeutic Recreation Complex;
K) Cynthia Davis, Art Instructor,
Therapeutic Recreation Complex;
L) Gordon Andrews, USA Head Swim
Coach, Lake Lytal Aquatic Center;
M) Arthur Gibson, Basketball
Referee, Westgate Park and Recreation Center; and
N) Carrengton Johnson, Basketball
Referee, Westgate Park and Recreation Center.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. The Independent Contractor
Agreements have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 94-422,
amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the
Board to receive and file. Countywide (AH)
19. Staff recommends
motion to adopt: Resolution
authorizing the County Administrator or designee to execute standard
sponsorship agreements for the provision benefits to a sponsor when an event or
program is hosted by the Parks and Recreation Department. SUMMARY: The Palm Beach County Parks and Recreation
Department (Department) established policies and procedures (PPM) to allow the
solicitation of private donations or sponsorships as a means of generating
funds for improving or expanding recreation based programs and services offered
to the public with the least amount of financial impact to its citizens. Upon receipt of a donation or sponsorship,
the donor or sponsor shall receive benefits, as listed in the PPM. These benefits may be amended from time to
time. The size and cost of the event
will determine the amount of sponsorship fees the Department will accept and
the type of sponsorship benefits available.
Due to the frequency of sponsorships, staff is recommending that the
Board of County Commissioners (BCC) approve a resolution which delegates
authority to the County Administrator or designee to execute standard
sponsorship agreements. Countywide
(AH)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) receive and file one (1) Grant
Agreement for $1,216,617 awarded by the Florida Department of State, Division
of Library and Information Services for FY 2008 State Aid to Libraries
(R2007-1559 & R2007-1560); and
B) approve a Budget Amendment of $132,880 decreasing the
State Aid Grant Fund, conforming budget with award amount.
SUMMARY: The Application was approved and the
Agreement was signed by the BCC on September 11, 2007 (R2007-1559 and
R2007-1560). Notification of the award
was issued on January 25, 2008. The
State provides an annual operating grant to eligible libraries based upon their
annual operating expenditures from local funds. Estimated State Aid revenue has
been included in the County Library=s FY 2008 budget. Countywide (TKF)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: an Agreement with the Public Defender’s
Office for a pilot project in the Ex-Offender Reentry Program in an amount
not-to-exceed $7,000. SUMMARY: The Public Defender’s Office will
administer a pilot project, as part of the Ex-Offender Reentry Program, to
purchase Florida identification cards and necessary support documentation
required by the Department of Highway Safety and Motor Vehicles for inmates
about to be released from the county jail.
The lack of identification creates a barrier to accessing other services
upon release and increases the chances of an individual re-offending and
returning to the criminal justice system.
Countywide (DW)
2. Staff recommends
motion to approve:
A) an Interlocal Agreement for the period of March 1, 2008, through September
30, 2008 with the Palm Beach Community College as a partner to implement job
training and job coaching targeted toward ex-offenders at the Community Justice
Service Centers and the Justice Service Center in Riviera Beach;
B) a
Budget Transfer of $20,878 in the Criminal Justice Reserve Fund; and
C) a
Budget Amendment of $20,878 to decrease transfers to the General Fund.
SUMMARY: The corrections
component of the Youth Violence Prevention Project involves the establishment
of an Adult Justice Service Center in each targeted area to provide assistance
to juvenile and adult offenders. The Adult Justice Service Center located in
Riviera Beach, provides services including employment, substance abuse, mental
health, legal assistance, re-entry assistance, life skills, and probation
sanction assistance. In January 2008, a federal re-entry grant sun-setted
leaving the Justice Service Center without a job coach. Efforts to keep the services through grant
writing have not been successful. The
Criminal Justice Commission proposes to enter into a partnership for six (6) months (March – September 2008) with
Palm Beach Community College to restore job coaching and employment skills to
ex-offenders being served by the City of Riviera Beach’s Justice Service Center
and the Community Justice Service Centers.
This service will be cost-shared between PBC and the City of Riviera
Beach for FY 2008 and fully funded by the City of Riviera Beach in FY
2009. District 7 (DW)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to approve: Eighth Amendment to Contract with CGI-AMS
(formerly named American Management Systems, Inc.) (R2002-1782) to extend the
software maintenance provisions of the contract from October 1, 2007, through
September 30, 2011 at a total cost of $2,636,502. Summary: The Eighth Amendment is for an extension
of the software maintenance for the AMS Advantage program from October 1, 2007,
through September 30, 2011 at a total cost of $2,636,502. The annual software
maintenance fee is a component of the vendor contract which provides for
technical assistance and software upgrades. Countywide (PFK)
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: the executed Hazardous Materials
Contingency Planning and Grant Agreement in the amount of $23,820 from the
Florida Division of Emergency Management for the period of July 1, 2007, to
June 30, 2008. SUMMARY: This
is an annual grant from the State to conduct the hazardous materials analyses
in the County. Document R2006-0401 gave
authority to the County Administrator or his designee to execute these
agreements on behalf of the Board. No County match is required. Countywide (DW)
2. Staff recommends
motion to receive and file: a Standard Agreement with Byron V. Reid,
D.V.M. for on-call veterinary services for large animals in an amount not-to-exceed
$10,000 for the period October 1, 2007, through September 30, 2008. SUMMARY: On May 6, 1997, the Board adopted a
resolution authorizing the County Administrator or his designee to execute
standard contracts with various Florida licensed veterinarians to provide
needed part-time, relief and emergency “on-call” professional medical services
for shelter animals. Countywide (SF)
3. Staff recommends
motion to:
A) ratify staff recommendations to establish a hobby breeder permit
fee in the amount of $150; and
B) adopt a Resolution of the Board of County Commissioners of Palm
Beach County, Florida, amending Resolution No. R2007-2119 to: establish a hobby
breeder permit fee, establish fines for violation of Section 28 and Section 29
of the Animal Care and Control Ordinance, and reduce the fee for an electronic
microchip ID implant from $20 to market cost plus 10%.
SUMMARY: On February 5, 2008, the Board of County
Commissioners adopted amendments to the Animal Care and Control Ordinance that
established Section 28, “Sterilization Program for Dogs and Cats”, and Section
29, “Hobby Breeder Permits”. This
Resolution establishes the $150 hobby breeder permit, as presented and
recommended by staff on January 15, 2008 and again on February 5, 2008 in the
attachment entitled “Narrative Highlights of the Ordinance.” Countywide (SF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
Z. RISK
MANAGEMENT
1. Staff recommends
motion to approve: a Contract
with Concept EFL Imaging Center, LLC to provide Radiology services in the
amount not-to-exceed $54,000 for the period March 19, 2008, through March 18,
2010. SUMMARY: Radiology services are necessary to the
operation of our Occupational Health Clinic for high risk positions covered
under Occupational Safety & Health Administration (OSHA), National
Institute for Occupational Safety & Health (NIOSH) and National Fire
Protection Association (NFPA). Services include lumbosacral and/or chest x-rays
required on pre-employment, periodic/annual physical exams and special
screening as needed followed by written interpretations and summary
reports. Countywide (TKF)
2. Staff recommends
motion to approve: renewal
of the Excess Automobile Liability Insurance Policy from State National
Insurance Company, purchased through the County’s contracted broker, Arthur J.
Gallagher & Co., under Contract No. 05-102/LJ, in an amount not-to-exceed
$360,600 for the operation of Palm Tran, Inc.’s bus fleet for the period April
1, 2008, through April 1, 2009. SUMMARY: This policy from State National Insurance
Company provides $2,000,000 of coverage excess of a $100,000 per
claimant/$200,000 per occurrence self-insured retention that is provided by the
Self-Insured Retention Plan. The
not-to-exceed renewal premium is $360,600, an increase of 6%. This premium is not subject to adjustment for
changes in the size of the fleet during the policy period. Sufficient funds are
budgeted in FY 2008 for this coverage. Countywide (TF/DR)
3. Staff recommends motion to approve: renewal of the Excess Property & Liability Insurance Program for the
period April 1, 2008, through March 31, 2009 purchased through the County’s
contracted broker, Arthur J. Gallagher & Co., under Contract No. 05-102/LJ,
for a total cost not-to-exceed $ 13,203,500.
SUMMARY: The Excess
Property & Liability Insurance Program currently provides excess layers of
property insurance totaling $150 million inclusive of the County’s $1,000,000
self-insured retention and excess layers of liability insurance totaling $6
million inclusive of the County’s $500,000 self-insured retention. The program
also includes various ancillary excess insurance covering damage to
County-owned property resulting from flood, terrorism, boiler & machinery,
and employee dishonesty. The total not-to-exceed cost of $ 13,203,500 is
inclusive of anticipated mid-year charges for newly added properties and
represents a $822,640 (6%) decrease over the actual expiring premium. The
County’s total insurable values have increased 9.2 % this year to approximately
$1.9 billion. The increase in costs is also impacted by a variety of State mandated
surcharges and assessments. Sufficient funds are budgeted in FY 2008 for this
coverage. Countywide (TKF)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to:
A) accept a South Florida
High Intensity Drug Trafficking Area (HIDTA) FY 2008 Violent Crimes and Drug
Trafficking Organization (VCDTO) initiative in the amount of $83,715 for the
period of November 29, 2007, through December 31, 2008; and
B)
approve a Budget Amendment of $83,715 in the Sheriff’s Grants Fund.
SUMMARY: On November 29,
2007, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
South Florida (HIDTA) (VCDTO). The funds provided will be used for equipment,
investigative expenses, and to pay overtime incurred by law enforcement
officers participating in a multi-agency operation. There is
no additional allocation needed, no matching funds required, and no additional
County funds required. Countywide
(DW)
2. Staff recommends
motion to:
A) accept a Florida
Department of Law Enforcement Violent Crime and Drug Control Council award for
Operation Gangland Express in the amount of $50,000 for the period of December
6, 2007, through December 31, 2008 or upon the conclusion of the investigation;
and
B) approve a Budget Amendment
of $50,000 in the Sheriff’s Grant Fund.
SUMMARY: On December 24,
2007, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
Florida Department of Law Enforcement (FDLE) for the purpose of investigating a
current ongoing case. The FDLE awarded
these grant funds to assist with the added cost associated with overtime. There is no match requirement associated with
this award. No additional positions are needed and no County funds are required. Countywide (DW)
3. Staff recommends
motion to:
A) accept a Florida
Department of Law Enforcement Florida Consortium “2007 Paul Coverdell National
Forensic Sciences Improvement Grant” in the amount of $43,701 for the period of
October 1, 2007, through September 30, 2008; and
B) approve a Budget Amendment
of $43,701 in the Sheriff’s Grant Fund.
SUMMARY: The National Institute of Justice (NIJ) awarded
these funds to the Florida Department of Law Enforcement (FDLE) for the “2007 Paul
Coverdell National Forensic Sciences Improvement Grant.” On January 2, 2008, the Palm
Beach County Sheriff’s Office (PBSO) was awarded funds to improve the quality
of forensic services. The PBSO’s Technical Services Division will use the funds
provided for training. There is
no match requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
4. Staff recommends
motion to:
A) accept a Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant
for the Domestic Violence Program, in the amount of $60,000 for the period of
October 1, 2007, through September 30, 2008; and
B) approve a Budget Amendment
of $60,000 increasing the Sheriff’s Grant Fund.
SUMMARY: On August 20, 2007, the Palm Beach County
Sheriff’s Office (PBSO) received an award to continue its Domestic Violence
Program. The Domestic Violence Program will continue to concentrate on the
domestic violence victim population in Palm Beach County through the use of the
domestic violence investigator position.
These funds will continue to pay for this allocation. There is no match requirement associated
with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
5. Staff recommends
motion to:
A) accept a National
Association of Drug Diversion Investigators, Inc. award in the amount of
$10,000 for the Palm Beach County Sheriff’s Office Public Service Campaign
Project; and
B) approve a Budget Amendment
of $10,000 to the Sheriff’s Grants Fund.
SUMMARY: On November 5,
2007, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
National Association of Drug Diversion Investigators, Inc. (NADDI) for the PBSO
Public Service Campaign Project. The funds provided will be used by PBSO’s
Overdose Death Suppression Team to create, produce and broadcast a comprehensive
multi-media, public service campaign that elevates public awareness of the
risks associated with prescription drug diversion, abuse and misuse. There is no match requirement associated with
this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
MARCH 11, 2008
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
6. Staff recommends
motion to:
A) receive
and file Grant Modification amending the
State of Florida, Division of Emergency Management Grant,
for the Regional Virtual Fusion Center (Florida Law Enforcement Exchange
(FLEX) Project), to extend the ending grant period from January 31, 2008, to
September 30, 2008; and
B) approve a Budget Amendment of $29,836 in the
Sheriff’s Grant Fund.
SUMMARY: The Board of County
Commissioners (BCC) accepted this grant for $32,445 on May 1, 2007; the
original period for this grant was July 1, 2006, through January 31, 2008. This agenda item will extend the grant period
from January 31, 2008, through September 30, 2008. The State of Florida, Division of
Emergency Management awarded these funds to the Palm Beach County Sheriff’s
Office (PBSO) for the Regional Virtual Fusion Center under the State Homeland
Security Grant Program. This was
originally budgeted and approved as the Florida Law Enforcement Exchange (FLEX)
Project. This project is an extension of
the PBSO’s integration of its local applications supporting countywide, regional
and statewide data sharing. PBSO will
streamline its operational and intelligence focused systems in web-based
architectures to be shared and extended as appropriate to users within the
Sheriff’s office, to municipal agencies, and within the Florida Department of
Law Enforcement Region. These funds have been approved by the State of Florida,
Division of Emergency Management. The
award was not fully expended in FY 2007. The balance of the award being carried
forward into FY 2008 is $29,836. There
is no match requirement associated with this award. No
additional positions are created, and no additional County funds are
required. Countywide (DW)
7. Staff recommends
motion to approve: a Budget Amendment of $49,145 in the General Fund for security services
provided by the Palm Beach County Sheriff's Office at the Airport Center for
the period December 5, 2007 through September 30, 2008. SUMMARY: The Budget Amendment includes the cost for one (1) Court Services
Deputy, as set forth in the contract between the Palm Beach County Sheriff's
Office and Palm Beach County Board of County Commissioners, effective January
1, 2008. The contract provides for three
(3) – one (1) year renewals. The Deputy is required due to the Office of
Criminal Conflict being housed at the Airport Center. The State will be reimbursing the County in
FY 2008 for this expense. Countywide (DW)
CC. SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: Precinct
boundary changes submitted by Dr. Arthur Anderson, Supervisor of Elections, as
required by Section 101.001(1), Florida Statutes. SUMMARY: Precinct boundary changes as indicated. Countywide (LSJ)
* * * * * * * * * * * *
MARCH 11, 2008
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A.
Proclamation
declaring March 2008 as “National Social Worker Month” in Palm Beach
County. (Sponsored by Commissioner
Greene)
B.
Proclamation
declaring the March 2008 as “Women’s History Month” in Palm Beach County. (Sponsored by Commissioner Marcus)
C.
Proclamation
declaring March 24 – 30, 2008 as “Autism Awareness Week” in Palm Beach
County. (Sponsored by Commissioner
Kanjian)
D. Proclamation
declaring March 2008 as “Bicycle Month” in Palm Beach County. (Sponsored by Commissioner Koons)
E.
Proclamation
declaring March 2008 as “National Nutrition Month” in Palm Beach County. (Sponsored by Commissioner Greene)
F.
Proclamation
declaring the March 10 – 16, 2008 as “Dolphin Conservation Week” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
G.
Proclamation
declaring March 16 – 22, 2008 as “Professional Surveyors Week” in Palm Beach
County. (Sponsored by Commissioner
Kanjian)
* * * * * * * * * * * *
MARCH 11, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to:
A)
adopt a Resolution
confirming the special assessment process for Royal Palm Estates Paving and
Drainage Improvements, Section 35, Township 43 South, Range 42 East, Palm Beach
County Atlas Page Number 69, G-20, under the Palm Beach County (County)
Municipal Service Taxing Unit (MSTU) Street Improvement Program;
B)
approve a Budget Transfer
of $222,729 from MSTU District B Fund from Reserves to Royal Palm Estates
Paving and Drainage Improvements;
C)
approve a Budget Transfer
of $324,971 in the Unincorporated MSTU Fund (District F) from Reserves to Royal
Palm Estates Paving and Drainage Improvements (Project);
D)
authorize that all
assessment funds collected by the Tax Collector’s Office are to be repaid to
MSTU District F; and
E)
approve a Contract with H
& J Contracting, Inc. (Contractor), the lowest, responsive, responsible
bidder, in the amount of $1,073,841.42, for the construction of the Project.
SUMMARY: Adoption
of the Resolution provides for the collection of fifty percent (50%) of the
MSTU funds expended on the Project. Assessments will be payable in twenty (20)
equal annual installments. The Project consists of construction of paving and
drainage improvements for roads in Royal Palm Estates, also known as Southern
Pines: Marguerita Drive, Ethelyn Drive, Marie Drive, Neva Drive, Tropical
Avenue, West Trail, and Ruth Drive. The Small Business Assistance goal for the
Project is 15%. The Small Business
Enterprise (SBE) participation committed for the project by the Contractor is
30.25% overall. District 6 MSTU District B (MRE)
B. Staff recommends
motion to adopt: an
Ordinance amending Chapter 23, Article 3 known as the Right-of-Way Construction
Permitting Ordinance (Ordinance 2001-063); amending Section 23-38, providing an
exception to permit requirement; amending section 23-39, concerning permit
application format requirements; amending section 23-41, concerning County
Rights-of-Way; providing for severability; providing for repeal of ordinances
in conflict; providing for inclusion in the Code of Laws and Ordinances;
providing for a savings clause; and providing for an effective date. SUMMARY: The proposed Ordinance will replace Chapter
23, Article 3 known as the Right-of-Way Construction Permitting Ordinance (Ordinance
2001-063); provide an exception to permit requirements; amend permit
application format requirements; and amend requirements for road
maintenance. Countywide (MRE)
MARCH 11, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
C. Staff recommends
motion to approve:
A) a Budget Amendment for a decrease of $3,562,000
in the Water Utilities Revenue Fund;
B) a Budget Amendment for a decrease of $2,000,000
in the Water Utilities Operating & Maintenance Fund;
C) a Budget Amendment for a decrease of $6,185,300
in the Water Utilities Capital Improvements Fund;
D) a Budget Amendment for a decrease of $814,000 in
the Water Utilities Connection Fee Fund; and
E) a Budget Amendment for a decrease of $2,317,000
in the Water Utilities Special Assessment Program Fund.
SUMMARY: The
requested amendments can be categorized as follows: 1) decrease of the Balance
Brought Forward amount to reflect the audited balance; 2) decrease of Operating Revenue to better reflect current customer
usage patterns; 3) decrease of Connection Fee Revenue to reflect decreased
building activity; 4) decrease of Special Assessment Revenue due to decreased
connection activity; and 5) decrease in various equipment, capital, and expense
accounts to maintain a balanced budget. These
decreases are attributable to both the economic downturn and decreased water
usage as a result of mandatory water restrictions. As a result, departmental revenues are far
below the levels anticipated during budget preparation. To compensate for the decrease in revenue, it
is necessary to reduce planned expenditures and delay several capital
projects. Our 2009 proposed budget will
better reflect present realities. A
separate agenda item will be presented to the Board in the near future with a
recommended strategy to address the current revenue shortfall. Countywide (MJ)
MARCH 11, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
D. Staff
recommends motion to:
A) adopt a Resolution accepting as the County’s
statement under Section 125.3401, Florida Statutes, the public interest
statement and determining that the purchase of the water and wastewater system
of the Indian Trail Improvement District (District) is in the public interest;
B) approve
the Palm Beach County/Indian Trail Improvement District Potable Water,
Reclaimed Water, and Wastewater Interlocal Agreement (Agreement);
C) authorize
the County Attorney’s Office to dismiss all of its counterclaims and interest
in that certain case brought in the Circuit Court for Palm Beach County, Case
No. 50 2005 CA 000965XXXX, and titled “Indian
Trail Improvement District, etc. v. Palm Beach County”; and
D) authorize the Chairperson to execute any and all
documents necessary to carry out the closing of the purchase of the District’s
water, wastewater, and reclaimed water system.
SUMMARY: The Water Utilities Department has been working diligently to negotiate
interlocal agreements with water and wastewater service providers in the
western communities. This Agreement is
the fifth such agreement brought to the Board and its adoption achieves the
Board’s goal. This Agreement permanently resolves the
ongoing service area disputes between the District and the County. The County shall be the District’s exclusive
provider of bulk and retail potable water, reclaimed water, and wastewater
service. The County agrees to compensate
the District in the amount of $6,175,000 for utility assets, current and future
customers, stabilization of certain roadways, and to settle ongoing litigation. The County will pay an additional $2,215,800
to terminate the existing bulk service agreement between the District and the
City of West Palm Beach. The District
shall control the special assessment program within the legislative boundaries
of the District, including the design and construction of utility
infrastructure in accordance with County standards and permitting, and,
following construction, will convey such infrastructure to the County. The County will allocate $500,000 to provide
financial support for up to 10% of the total costs for future assessment
projects. Those residents wishing to
connect to County utility service shall then pay applicable connection fees to
the County. The District may also choose to permit the County to conduct
special assessments within their boundaries.
Other considerations afforded the County under this Agreement include: 1)
the reasonable provision by District of vehicles and staff to move emergency
generators throughout the legislative boundaries of the District during
emergencies; 2) the reasonable provision of sites for future water supply wells
and a laydown yard; 3) assignment of the right to utilize current and future
utility easements for construction,
operation, maintenance, and replacement of potable water, wastewater, and
reclaimed water pipelines. Further, The
District agrees to dismiss all claims and interests against the County and the
County agrees to dismiss all claims and interests against the District in the
circuit court case initiated against the County related to the Utility Element
of the Comprehensive Plan (Case No. 50 2005 CA 000965XXXX.) The District further agrees to provide a written
disclaimer of interest in the eminent domain case brought by the County for acquisition
of utility easements (Case No. 50 2006 CA 004834XXXXMB). This Agreement is compatible
with the County’s agreement with Seacoast Utilities (R2005-1769), City of West
Palm Beach (R2005-2445), and the Village of Royal Palm Beach Franchise
Agreement (R2004-1802, as amended by R 2006-0411). The District will assign the District’s
existing interlocal agreement and Pipeline Lease with the City of West Palm
Beach with respect to the pipeline constructed along the City’s M-Canal, and
other interlocal and developer agreements. District 6 (MJ)
MARCH 11, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
E. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending the Palm Beach County Criminal History Record Check Ordinance (Ordinance No. 2003-030); providing for definitions; providing for criminal history record checks; providing for disqualifying offenses; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: On February 26, 2008, the Board of County Commissioners voted to approve the proposed amendment to the Criminal History Record Check Ordinance. The Criminal History Record Check Ordinance (Ordinance No. 2003-030) established the County’s program for conducting criminal history record checks on contractors, repair and delivery persons who required unescorted access to County facilities determined to be critical to public safety or security and established a list of disqualifying criminal offenses. The Ordinance defined a disqualifying criminal offense as a conviction of certain crimes unless the person convicted had been pardoned or had their civil rights restored. At the time, felons were only restored their civil rights after an individual application and hearing. In April 2007, however, Florida’s Rules of Executive Clemency were changed to provide for automatic restoration of civil rights for most felons upon completion of their sentences. Given the change, the Ordinance needs to be amended so that the automatic restoration of civil rights by the State does not affect the County’s ability to consider a conviction a disqualifying offense. (FDO Admin) Countywide (JM)
* * * * * * * * * * * *
MARCH
11, 2008
6. REGULAR
AGENDA
A. CLERK
& COMPTROLLER
1. SBA/Local Government Investment Fund
Update by Sharon R. Bock, Clerk & Comptroller.
B. ADMINISTRATION
1. Staff requests
Board direction: regarding the United Way of Palm Beach County
request for additional funding in the amount of $105,000 to support the
Prosperity Campaign Volunteer Income Tax Assistance (VITA) program for the 2008
income tax filing season. Currently, $105,000 has been budgeted in FY 2008 to
support this program. SUMMARY: The Prosperity Campaign VITA program was
initiated in 2003 and was initially funded by the Quantum Foundation and Knight
Foundation. These grants have ended and
the United Way of Palm Beach County is requesting additional funding to assist
in the continuation of this program.
Without this additional support, the VITA Program would have to reduce
the number of VITA service sites and significantly reduce the other services
provided at these locations. Since 2003,
Palm Beach County has financially supported this program and has allocated
$105,000 for the past three (3) years. In addition to this financial support,
the United Way has partnered with the Department of Internal Revenue Service
and other community service agencies. The total annual budget this fiscal year
for the Prosperity Campaign Program is $1.2
million, a majority of which is funded by the United Way. Since 2005,
28,000 tax returns have been processed free of charge and $48 million dollars in tax refunds
have been returned to Palm Beach County residents. Based on data from the
Center for Urban and Economic Development, University of Illinois, this program
has resulted in a $70 million dollar
economic impact on our community since 2005. Countywide (DN)
MARCH
11, 2008
6. REGULAR
AGENDA
C. COUNTY ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for
Public Hearing on May 20, 2008 at 9:30 a.m.: an Ordinance of
the Board Of County Commissioners of Palm Beach County, Florida, authorizing
the use of unmanned cameras at traffic signals to promote traffic safety;
providing for title; providing for use of image capture technologies; providing
for definitions; providing for adherence to red light traffic control signals; providing
for violation; providing for warning signs at monitored intersections;
providing for review of recorded images; providing for notice of infraction;
providing for vehicle owner responsibilities; providing for appeal to Palm
Beach County’s hearing officer; providing for vehicle owner affidavit of
non-responsibility; providing for penalties; providing for administrative
costs; providing for collections of civil penalties; providing for exceptions;
providing for three (3) month notice, introductory period; providing for
accounting for program revenues and expenditures; providing for applicability;
providing for severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions; and providing for effective date. SUMMARY: This Ordinance will
authorize the use of unmanned camera/monitoring systems to promote compliance
with red light directives and adopt a civil enforcement system, including
notice, review, penalties, funding and an appeal process for red light
violations. Final adoption of this Ordinance
will occur only if the Florida Legislature fails to pass red light legislation. Countywide (MRE)
2. Staff recommends motion
to adopt: a Resolution authorizing the issuance of up
to $17,000,000 Variable Rate Demand Revenue Bonds (The Children’s Home Society
of Florida Project), Series 2008 (the “Bonds”) for the purposes of (a)
financing or refinancing part of the costs of the acquisition, construction and
equipping of certain social service centers in Palm Beach County, Florida, and
certain other locations in Florida, to be owned and operated by The Children’s
Home Society of Florida or its affiliates, and (b) paying the costs associated
with issuing the Bonds; approving and authorizing the execution and delivery of
certain Interlocal Agreements; approving and authorizing the execution and
delivery of a Trust Indenture, Loan Agreement and certain other documents
required in connection with the issuance of the Bonds; appointing a Trustee
under the Trust Indenture; authorizing a delegated negotiated sale of the
Bonds, and approving the conditions and criteria for such sale; authorizing and
approving the execution and delivery of an Official Statement in connection
with the issuance of the Bonds; making certain other covenants and agreements
in connection with the issuance of the Bonds and providing an effective
date. SUMMARY: On February 5, 2008, the Board of County Commissioners
held a TEFRA hearing for the Bonds and approved the application of The
Children’s Home Society of Florida (“CHS”) for the issuance of the Bonds. Proceeds of the Bonds will be used to: (a) finance or refinance part of the costs of
the Project (as further described below), to be owned and operated by CHS or
its affiliates, and (b) pay part of the costs of
issuing the Bonds. The Bonds will be
payable solely from revenues derived from CHS.
Neither the taxing power nor the
faith and credit of the County, nor any County funds, shall be pledged to pay
principal or redemption premiums, if any, or interest on the Bonds. Countywide (PFK)
MARCH
11, 2008
6. REGULAR
AGENDA
D. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: continuing with the approach to the County’s participation in the West Palm Beach Transit Oriented Development (TOD) as previously directed by the Board on December 11, 2007 and not provide for a partial disposition of the County’s holdings within the TOD prior to the existence of an overall development plan for the TOD and/or approval of a land transaction with the State ensuring land with sufficient development capacity to meet the County’s long term facilities requirements. Summary: On December 11, 2007, the Board directed staff to meet with representatives of the State Department of Environmental Protection (DEP)/State Lands, Department of Management Services (DMS) and Department of Health (DOH) to determine the specific structure of an agreement between the State and the County which would result in the County owning sufficient land on the State’s Dimick Block to accommodate its future facilities allowing for the sale of the County property for development as part of the TOD. This meeting was held on January 18, 2008. The meeting was successful in terms of identifying: 1) a structure and approach to the transaction and that there are no fatal flaws from the legal or technical real estate perspectives; and 2) the next steps to developing the detailed planning, operational and financial information necessary for DOH and DMS to recommend approval of the business terms that would be contained in the agreement. With the action items identified, a work plan and schedule for the development of the agreement and presentation to the Trustees and the Board for approval has been developed. DOH and DMS have agreed to immediately proceed forward with the steps that are its responsibility in support of the TOD. DEP/State Lands has also assigned staff and legal counsel to the project and the County/FDO will take the lead in the development of the agreement itself. The County and City will also have key roles in the DOH/DMS tasks. This work, combined with the other action items are projected to take until between August and November to complete and includes work required to demonstrate that the County’s pre-conditions to successful implementation of the TOD can be met. County staff, therefore recommends that it continue to participate in the manner previously directed including not considering an RFP for the disposal of the Wedge ahead of the TOD as to do so would: 1) jeopardize the County’s ability to meet its long term facility requirements at Government Hill; 2) increase the County’s financial participation in the TOD; and 3) undermine the long term success of the TOD. (FDO Admin) Countywide/District 7 (HJF)
MARCH
11, 2008
6. REGULAR
AGENDA
D. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in a 414 square foot parcel of County-owned land in
Boynton Beach to Patricia H. Mikulec, for $10,797.12, with reservation of
mineral and petroleum rights, but without rights of entry and exploration;
B) approve a Deposit Receipt and Contract For Sale and
Purchase with Patricia H. Mikulec; and
C) approve a County Deed in favor of Patricia H.
Mikulec.
Summary: The County acquired
a 2.94 acre parcel of submerged land underlying three finger canals in
unincorporated Boynton Beach by Tax Deed in May 1971. The canals are located along the Intracoastal
Waterway in Boynton Beach between Turner Road and Chukker Road. The assessed
value of the County’s entire parcel is $891. The canals were bulkheaded in
connection with development of the adjacent residential lots. However, the Mikulec’s lot is at the end of
one of the canals and was not originally bulkheaded, nor was the adjacent Anya
Group lot. The Mikulecs and Anya Group
both put in new bulkheads, but built a few feet out into the canal owned by the
County. The County previously sold 115
square feet to the Anya Group in August of 2005 for $3,000 ($26.08/sf)
(R2005-1333). The purchase price for
this sale to Mikulec was calculated at the same price ($26.08/sf) paid by Anya
Group for its lot. The Mikulec’s lot is
assessed at $18/sf. This property is
being sold to the Mikulecs without competitive bidding under the alternative
disposition procedures established by Ordinance 2002-067. This requires a finding by the Board that the
Mikulecs are “the only persons capable of reasonably utilizing the property for
the use which the Board has determined to be the highest and best use of the
property.” Staff recommends this finding
to ensure that the Mikulecs, as the adjacent upland riparian lot owners, retain
access to the canal immediately behind their lot and to prevent neighbors from
trying to interfere with each other’s riparian rights. The County will retain mineral rights in
accordance with Florida Statutes Section 270.11, but will not retain rights of
entry and exploration. (PREM) District 4 (HJF)
MARCH 11, 2008
6. REGULAR
AGENDA
E. FIRE
RESCUE
1. Staff recommends
motion to approve:
A) a Settlement Agreement with the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (Union)
for Grievance No. 00-23 – Long Term Disability (LTD); and
B) a Budget Transfer of $140,000 in the Fire Rescue Long Term
Disability Fund from the LTD reserves for future payments.
SUMMARY: The Collective
Bargaining Agreement with the Union provides a LTD benefit for line of duty
disability. In April 2000, the County
Internal Auditor’s office initiated an audit of the calculation of benefits
under this program. Due to vague
language in the Agreement, a number of assumptions were used during the audit
regarding the calculations of benefits.
The assumptions relate to the impact of other benefit payments as
offsets to the LTD benefit. These other
benefits included Workers’ Compensation (WC) and Florida Retirement System
(FRS) payments, as well as annual Cost of Living Adjustment (COLA) increases in
these payments. Using these assumptions,
the audit determined that some LTD benefit recipients were either over/or under
paid. Fire Rescue staff implemented the
audit recommendations which included reducing LTD payments for some recipients,
and seeking reimbursement from other recipients. In July 2000, the Union filed a grievance
under the Collective Bargaining Agreement opposing reductions in LTD benefits
and the assumptions used in the audit to recalculate the LTD benefits. While attempting to resolve the Union’s
grievance, the County failed to prevail in a Workers’ Compensation law suit
relating to COLA offsets in the calculation of LTD benefits. As a result of the court ruling, a settlement
to the grievance was agreed to between the Union and Fire Rescue, subject to
approval of the Board. This settlement
provides the following:
A) Back-pay to 20 employees in
the total amount of $316,087.93;
B) Identifies total owed the
County for overpayments to 11 employees in the amount of $307,759.25;
1) Of these 11 employees, 6
currently receive benefits from the County and the settlement provides a
repayment plan; and
2) The County will make efforts to
collect overpayments to the remaining 5 personnel.
C) Increases the calculated
annual LTD benefit for the 41 initial recipients by $75,712.44.
The above amounts are as of April
11, 2008. Countywide (SB)
MARCH
11, 2008
6. REGULAR
AGENDA
F. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to:
A) approve on preliminary reading and advertise for Public Hearing on April
15, 2008, at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending the Palm Beach County
Unified Land Development Code, Ordinance 2003-67, as amended, by amending
Article 13, concerning countywide impact fee amounts and regulations, as
follows: amending Chapter A - General; Chapter B - County District, Regional,
and Beach Parks Impact Fee; Chapter C – Fire Rescue Impact Fee; Chapter D -
Library Impact Fee; Chapter E - Law Enforcement Impact Fee; Chapter F - Public
Buildings Impact Fee; Chapter H - Road Impact Fees; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Unified Land Development Code; providing for an effective date; and
B) receive and file the
Impact Fee Review Committee report to the Board of County Commissioners (BCC).
Summary: Under Article 13.A.5.F of the
ULDC, the Impact Fee Manager shall undertake a study of the Impact Fee System
every two (2) years and recommend to the Board of County Commissioners whether
any changes should be made to the fee schedules to reflect changes in the
factors that affect the fee schedules. Dr. James Nicholas, Impact Fee
Consultant, has completed the study and prepared a final report, The 2007 Update of Impact Fees Prepared for
Palm Beach County, January 5, 2008. This agenda item authorizes
advertisement of a Public Hearing on implementation of adjusted impact fees and
provides for receiving the Impact Fee Review Committee’s report to the BCC, as
required by Ordinance. Countywide (LB)
2. Staff recommends
motion to adopt: a Resolution supplementing Resolution No.
R83-555, as amended and supplemented; authorizing the issuance of not exceeding
$6,500,000 principal amount of Water and Sewer Revenue Refunding Bond, Series
2008 in connection with the refunding of all of the County’s outstanding Water
and Sewer Revenue Bonds, Series 1985; providing for certain other details
relating to the 2008 Bond; approving the form and authorizing the execution of
a Loan Agreement; approving the form of and authorizing the execution of an
escrow deposit agreement; authorizing the proper officers of the County to do
all acts necessary and proper for carrying out the transactions contemplated by
the Resolution; providing for the repeal of prior inconsistent resolutions or
proceedings; providing for an effective date.
SUMMARY: Over the past two
(2) months, the rating agencies have downgraded the insurance financial
strength rating of the major municipal bond insurance companies. Those issuers with existing insured loan
obligations in the short-term variable rate markets have been impacted with
severely increasing interest rates. The
Series 1985 Water and Sewer Bonds are insured and have a variable interest rate
which is set periodically by the County’s remarketing agent. Over the past two (2) years, the interest
rates have generally ranged from 3.5% to 4% but in the past several weeks the
range has increased to 5% to 9% as a result of the declining ratings of the
bond insurer. The Series 1985 Bonds
mature on November 1, 2011. The County’s
financial advisor recommended that, because of the short maturity of these
bonds, the County should refund the bonds at a fixed rate using a local
bank. We received a bid for a fixed rate
of 3.25% from Wachovia Bank and recommend that the Board approve the refunding. Due to the small size of the issue, we
recommend that Edwards & Angell, who served as bond counsel on the Series
1985 Bonds, serve as bond counsel on the Series 2008 Bond. The cost of issuance will not exceed
$30,000. Countywide (PFK)
MARCH
11, 2008
6. REGULAR
AGENDA
G. PLANNING, ZONING & BUILDING
1. Staff recommends motion to adopt:
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
changing the street name of Orange Road to Kiwi Court, located in Section 35,
Township 40, Range 42, Loxahatchee Gardens, recorded in Plat Book 23, Page
237. SUMMARY: Planning, Zoning & Building Department
requests a street name change for Orange Road to eliminate and/or reduce
confusion with another street in the unincorporated area with the same
name. In conjunction with Emergency Services, Planning, Zoning &
Building Department staff believes this duplication could result in a delay of
emergency services to the neighborhood. Upon
receiving a copy of the approved resolution, PZ&B staff will implement the
name change by notifying appropriate parties and agencies. District 1 (RB)
H. PURCHASING
1. Staff
recommends motion to approve on preliminary reading and advertise for Public
Hearing on April 15, 2008 at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Palm Beach County Code Chapter 2, Article III, Division 2,
Part A (The Palm Beach County Purchasing Code); amending Section 2-51(f)(1)
“Application/exemptions”; amending Section 2-52 “Definitions”; amending Section
2-54(d)(6) “Proposal Evaluation”; amending Section 2-54(d)(7) “Proposal Award”;
amending Section 2-55(a) “Right to Protest”; amending Section 2-56 “Suspension
and Debarment”; providing for repeal of laws in conflict; providing for
severability; providing for a savings clause; providing for inclusion in the
Code of Laws and Ordinances; and providing for an effective date. SUMMARY:
The current Purchasing Code (Ordinance No. 2005-062), as adopted in
2005, established a centralized purchasing system for the procurement of the
County’s non-construction related goods and services. The Amendment to the Purchasing Code under
consideration today includes minor
revisions necessary in order to further facilitate and enhance the efficiency
of the County=s procurement process. A summary of recommended changes to the
existing Purchasing Code is attached to the Agenda Item. Countywide (GB)
I. AIRPORTS
1. Staff recommends
motion to approve: the implementation of a General Aviation
(GA) Landing Fee at Palm Beach International Airport (PBIA). SUMMARY: Staff recommends the implementation of a
GA landing fee at PBIA. Similar to most
airports, GA users at PBIA do not pay landing fees. GA users pay a fuel fee at PBIA, totaling
$900,000 annually. Commercial airlines
using PBIA pay landing fees totaling $5 million annually. Both fees recover the cost of operating the
airfield including: security, aircraft rescue and fire fighting costs,
maintenance, debt service, and capital.
The Aviation and Airports Advisory Board (AAAB) voted 5-4, recommending
against a GA landing fee. Members voting
against the GA fee cited increasing costs (maintenance, fuel, insurance) to
operate GA aircraft. Members voting for
the GA fee voiced concerns over equity, stating that GA users should pay their
fair share since GA operations account for over 65% of operations at PBIA. Staff has identified a contractor that has
technology to capture GA operations, bill the appropriate party, and collect
landing fees. It is anticipated that the
contractor would be paid from the collection proceeds. If the Board recommends pursuing GA landing
fees, staff will return to the BCC for the approval of the billing/collections
contract and a proposed GA landing fee structure. Countywide (AH)
MARCH
11, 2008
6. REGULAR
AGENDA
J. HUMAN RESOURCES
1. Staff recommends
motion to deny: a
request by the Palm Beach County Human Rights Council to create a domestic
partnership leave program affording leave benefits and job protection to
registered domestic partners and their children in addition to federally
mandated leave protection as provided under the Family and Medical Leave Act
(FMLA). SUMMARY: As a covered public
agency, the County is required by the FMLA to grant twelve work weeks of leave
to eligible employees for the birth of a child, the employee=s
own serious health condition or the serious health condition of a parent, child
or spouse. The FMLA defines spouse as “a
husband or wife as defined or recognized under State law” (29 CFR
825.113). Staff found that while the
County cannot legally extend the definition of spouse under the FMLA, similar
leave benefits and protections for domestic partners can be made
available. However, it is inadvisable to
create a leave program affording the same protections and benefits provided by
the FMLA to domestic partners and their children. Employees involved in
domestic partnerships are not excluded from leave protection provided by the
FMLA. Those employees remain eligible for FMLA leave for their own serious
health condition and that of their parents and children. Under the FMLA, a child is defined as the
biological, adopted, or foster child, stepchild, legal ward, or the child for
whom the employee stand in the place of a biological parent. Provided the employee involved in a domestic
partnership has sole or shared parental responsibility for the child, that
child is an eligible family member and the employee may take FMLA leave to care
for the child=s serious health condition. In this
instance family care leave to care for the children of domestic partners
duplicates leave benefits already available under both the FMLA and the County=s
leave policy. Countywide (EC)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL
CONTROL BOARD
MARCH
11, 2008
7. BOARD OF COUNTY
COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH
DEPARTMENT
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
April 15, 2008 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, sitting as the Environmental
Control Board; amending Chapter 11, Article II, Section 11-19, Section 11-20,
and Section 11-24 of the Palm Beach County Code; providing for statutes, laws,
rules, etc. incorporated by reference; providing for County Health Department
and Solid Waste Authority permits, licenses, and approvals; providing for a fee
schedule; providing for applicability; providing for a savings clause;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the Code of Laws and Ordinances, and providing for an
effective date. SUMMARY: The
Palm Beach County Environmental Control Act, Chapter 77-616, Laws of
Florida, as amended, establishes the Palm Beach County Board of County
Commissioners as the Palm Beach County Environmental Control Board and
authorizes the Environmental Control Board to adopt revise and amend from time
to time appropriate ordinances for the implementation, effective enforcement,
administration and interpretation of the act.
The Palm Beach County Environmental Control Ordinance No. 78-5, as
amended, and codified in Chapter 11, Article II of the Palm Beach County Code
was adopted for this purpose. The proposed ordinance will amend in Chapter 11,
Article II of the Palm Beach County Code, the rules adopted by reference and
the list of activities required to be approved, licensed or permitted as
necessary due to changes in the laws and regulations of the state of Florida,
and the fee schedule as necessary to keep pace with rising costs and current
regulatory requirements. Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS ENVIRONMENTAL
CONTROL BOARD
CONVENE AS THE CHILD CARE FACILITIES
BOARD
MARCH
11, 2008
8. BOARD OF COUNTY
COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD
A. HEALTH DEPARTMENT
(Child Care Advisory Council)
1. Staff recommends
motion to approve: appointment of one (1) member to the Child Care
Advisory Council to fill the position vacated by Deputy Chief Jerry Catoe. This
is an at large appointment:
Nominee: Seat No: Requirement: Nominated by:
Alicia Kula 5 Represents
fire protection, Comm. Addie Greene
engineering or technology
Comm. Jeff Koons
Comm. Burt Aaronson
SUMMARY: The Child Care Advisory Council is comprised
of seven (7) members who serve at the pleasure of the Board of County Commissioners.
Membership must consist of two (2) members who represent and operate private
child care facilities in Palm Beach County; one (1) member who represents and
operates a parochial child care facility in Palm Beach County; one (1) consumer
protection enforcement official; one (1) member for fire protection,
engineering or technology; and one (1) member who, at the time of appointment,
was the parent of a child attending a child care facility in Palm Beach County;
and one (1) representative from the Florida Department of Children and Families
(DCF). Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS CHILD CARE
FACILITIES BOARD
RECONVENE AS THE BOARD OF
COUNTY COMMISSIONERS
MARCH 11, 2008
9. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Town of Jupiter Economic
Development Advisory Board)
1. Staff recommends
motion to approve: appointment
of the following nominee to the Town of Jupiter Economic Development Advisory
Board:
Nominee for
Appointment Nominated
By
Andrew Duffel Commissioner
Addie Greene
Commissioner
Jeff Koons Commissioner
Karen Marcus
Commissioner Jess Santamaria
Commissioner Burt Aaronson
SUMMARY: The Town of Jupiter, under Resolution No.
102-07, established an Economic Development Advisory Board for the purpose of
providing recommendations to the Town of Jupiter. These recommendations are related to the disbursement
of funds from the $3,000,000 Economic Development Fund, as required under their
Interlocal Agreement with Palm Beach County, related to locating Scripps in
North County. Under the Resolution, one
(1) member must be a representative of Palm Beach County. District 1 (DW)
B. COMMUNITY SERVICES
(Citizens Advisory Committee
on Health & Human Services)
1. Staff recommends
motion to approve: appointment of one (1) member to the Palm Beach County Citizens Advisory
Committee on Health and Human Services for the term indicated:
Seat No. Appointment
Category Term Nominated by
5
Debby Walters
Health Services 03/11/08-9/30/2009 Comm. Koons
Comm. Aaronson
SUMMARY: This vacancy resulted from the resignation of
Brenda Gail Oakes. Ms. Walters will
finish her term. Resolution R2001-0913
requires the Executive Committee of the Citizens Advisory Committee to solicit
and recommend member nominations for transmittal to the Board of County
Commissioners. The Executive Committee has recommended this appointment. Additionally, a memo was distributed to
Commissioners requesting nomination to the Committee. Countywide (TKF)
(Homeless Advisory Board)
2. Staff recommends
motion to approve: appointment
of the following community and business representative to the Homeless Advisory Board for a term of
two (2) years, effective March 11, 2008:
Seat No. Appointment Member
Category
30 Miriam
Maldonado Formerly
Homeless
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. This is the initial appointment to this seat.
Countywide (TKF)
MARCH 11, 2008
9. BOARD
APPOINTMENTS
C. Environmental
Resources Management
(Groundwater
and Natural Resources Protection Board)
1. Staff recommends motion to approve: the appointment of one (1) at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) to complete the term of three (3) years beginning on March 11, 2008, through July 30, 2010:
Nominee Representing Seat No. Nominated By
Jason A. Moretz Biologist/Chemist
4 Treasure Coast
Chapter -
Florida
Association of
Environmental
Professionals
Summary: Ordinance
92-20 and Article 17.C.7. of the Unified Land Development Code (ULDC) provide
for a seven (7) member GNRPB. The membership consists of one (1) professional
engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one
(1) biologist or chemist, one (1) citizen of PBC, and one (1) member of an
environmental organization. Cynthia Barlow vacated Seat No. 4 on December 11,
2007, in accordance with the absenteeism requirements found in Resolution No.
R2002-1606. Ordinance 92-20 and Article
17.C.7 of the ULDC require Seat No. 4 to be filled by a Biologist/Chemist. No
other nominations were received. Countywide (SF)
D. FIRE
RESCUE
(fire Rescue Advisory Board)
1. Staff recommends
motion to approve: the
reappointment of the following individuals to the Fire Rescue Advisory Board
beginning on February 25, 2008, through February 24, 2011:
Nominee Category Seat No. Nominated By
Lucille Karasick Consumer 6 Commissioner
Marcus
Commissioner
Koons
Commissioner
McCarty
Commissioner
Greene
Commissioner
Aaronson
Jay Littman Business 5 Commissioner Marcus
Commissioner
Koons
Commissioner
Aaronson
Summary: The Fire Rescue Advisory Board was created by
Resolution No. R89-1661 and revised by No. R92-596 on April 28, 1992. This Board consists of seven (7) (At-Large)
members with specific fields of expertise and serve three (3) year terms. The
nominees have expressed an interest in serving another term and are eligible
for reappointment. On January 9, 2008, a memo was distributed to the County
Commissioners requesting nominations to this Board. No other nominations have been received. Countywide (SGB)
MARCH 11, 2008
9. BOARD
APPOINTMENTS
D. FIRE RESCUE (Cont’d)
(Fire Rescue Level of Service Committee)
2. Staff recommends
motion to approve: reappointment
of three (3) members to the Fire Rescue Level of Service Committee each for a
term of three (3) years beginning May 3, 2008, through May 2, 2011:
Nominee Seat Category
Karl Umberger 4 City
Manager-Small City
Chief Robert Ridgeway 5 City
Fire Chief-Large City
Mike Mayo 7 Labor
Representative
SUMMARY: Palm Beach County Resolution R2004-0494 established the Fire Rescue
Level of Service Committee (LOS). It
consists of nine (9) members representing specific categories: one (1) County
Administrator or designee; one (1) County Fire Chief; two (2) City Managers
(one representing small cities, one representing large cities); two (2) City
Fire Chiefs (one representing small cities, one representing large cities); one
(1) Labor Representative; one (1) Fire Rescue Advisory Board Member; and one
(1) EMS Council representative. All
terms shall be for three (3) years, except the appointments for County
Administrator (or designee) and County Fire Chief which may be permanent
appointments. The LOS Committee recommends reappointment of Karl Umberger,
Chief Robert Ridgeway and Mike Mayo.
These incumbents desire to continue to serve. Countywide (SB)
E. PLANNING,
ZONING & BUILDING
(Building
Code Advisory Board)
1. Staff recommends
motion to approve:
A) appointment of one (1) individual to the Building Code Advisory Board
(BCAB), to complete the unexpired term of Stephen Uman, who resigned from the
City of Greenacres, and whose term expires on January 1, 2009; and
B) reappointment of one (1) individual to the Building Code Advisory Board
(BCAB) for a three (3) year term from January 2, 2008, to January 1, 2011:
Nominee Seat Requirement Nominated By
Nominee Seat Requirement Nominated By
SUMMARY: The
Building Code Advisory Board was established by Special Act of Florida
Legislature in 1974, and amended in 2001.
The term of office is three (3) years; with no limit to the number of
terms a member may serve. Wayne R.
Bergman is nominated by the Building Officials Association of Palm Beach County
to fill the unexpired term of Stephen Uman, Seat 3. This action will fill the above-referenced
seats until January 1, 2009. The
reappointment of Robert S. Dawson is nominated by the Building Official
Association of Palm Beach County. The
Board comprises of sixteen (16) members; seven (7) regional Building Officials
(nominated by the Building Official Association of Palm Beach County); seven (7)
members who must be appointed from nominations submitted by the Construction
Industry Management Council of Palm Beach County; one (1) member who must be a
registered Architect nominated by the Palm Beach County Chapter of the American
Institute of Architects; and one (1) member who must be a Professional Engineer
nominated by the Palm Beach County Chapter of the Florida Engineering
Society. Countywide (GB)
MARCH 11, 2008
9. BOARD
APPOINTMENTS
E. PLANNING,
ZONING & BUILDING
(Construction Board of Adjustment and Appeals)
2. Staff recommends
motion to approve: the appointment of the following named individual to
the Construction Board of Adjustment and Appeals (CBAA) for a three (3) year
term from March 11, 2008, to March 10, 2011:
Appoint Seat Requirement Nominated By
Duane Drawdy 2 General
Contractor CIMC
SUMMARY: Palm Beach
County Ordinance 89-31 created the Construction Board of Adjustment and
Appeals. The term of the office is three
(3) years. Duane Drawdy is nominated by
the Construction Industry Management Council of Palm Beach County. The nomination represents the General
Contractor member of the Board as required by the Palm Beach County Ordinance
2002-005, as amended, Palm Beach County Amendments to the Florida Building
Code, 2004 Edition. The Board is
comprised of seven (7) members consisting of one (1) registered architect; one (1)
registered engineer; one (1) general contractor; one (1) electrical contractor;
one (1) HVAC contractor; one (1) plumbing contractor and any other contractor licensed
category. In addition to the seven (7) members,
there should be two (2) alternate members, one (1) member with the
qualifications referenced above and one (1) member at-large from the
public. Countywide (DW)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 11, 2008
10. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 11, 2008
11. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 11, 2008
12. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
Proclamation declaring March 26, 2008 as “Trinity Christian Academy’s
Girl’s Basketball Championship Day”
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
Proclamation declaring
March 10, 2008 as “Registered Dietitian’s Day” in Palm Beach County.
Proclamation recognizing the accomplishments of Eta Phi Beta Sorority,
Inc. Delta Chapter in Palm Beach County.
13. 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."
March 11, 2008 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 11, 2008
PAGE ITEM
11 3A-4 DELETED: Staff recommends motion to approve: a six (6) month time extension
of a federally funded subgrant agreement with the Florida Division of Emergency
Management (DEM) to complete the design of drainage improvements…(Admin./Water
Resources) (Moved to April 1, 2008)
19 3C-29
DELETED: Staff recommends motion to approve: an
Agreement in the amount of $312,725.31 with R. J. Behar &
Company, Inc. (RJB) for professional services. (Engineering)
(Further staff review)
19 3C-30 DELETED: Staff recommends motion to approve: Supplemental Agreement No. 3 to Project No. 20041202, under contract R2004-2466, in the amount of $145,724.41 with Arcadis…(Engineering) (Further staff
review)
25 3E-13 DELETED: Staff recommends motion to approve:
the Minority AIDS Initiative (MAI) continuation grant application with the
Department of Health and Human Services Health Resources and Services
Administration (HRSA)… (Community
Services) (Further staff review)
26 3F-2 REVISED TITLE: Staff
recommends motion to approve: A)….B) the
designation of the Clerk & Comptroller County Administrator,
or her his designee, as the Primary Authorized Person to act on
behalf of the County to handle the sales transaction with Fidelity Brokerage
Services, LLC. (Airports)
42 3K-4 DELETED: Staff
recommends motion to approve: Change Order No. 6 to the Contract
with Poole and Kent Company, Inc. (R2005-1928) for the Lake Region Water
Treatment Plant (LRWTP) increasing the contract price by $500,000. (WUD)
(Moved to April 1, 2008)
62 5C REVISED TITLE & SUMMARY: Staff recommends motion to approve: A) a downward Budget Amendment for a
decrease of $3,562,000 in the Water Utilities Revenue Fund to decrease
expected revenues; B) a downward
Budget Amendment for a decrease of $2,000,000 in the Water Utilities Operating
& Maintenance Fund to decrease the expected revenue from the Water
Utilities Revenue Fund which will decrease equipment by $500,000 and reserves
by $1,500,000; C) a downward
Budget Amendment for a decrease of $6,185,300 in the Water Utilities
Capital Improvements Fund to decrease the expected revenue from the Water
Utilities Revenue Fund, decrease the balance from FY 2007, and increase
revenues from other governments which will decrease several projects in the
fund; D) a downward
Budget Amendment for a decrease of $814,000 in the Water Utilities
Connection Fee Fund to decrease expected connection fee revenues; and E) a downward Budget Amendment for
a decrease of $2,317,000 in the Water Utilities Special Assessment Program
Fund to decrease expected revenues from assessment collection and the
balance from FY 2007 which will decrease the reserve by $929,000 and the
project account by $2,000,000.
SUMMARY: The requested amendments can be categorized as follows:
1) Decrease of the Balance Brought Forward amount to reflect audited balance
the differences between actual and estimated revenues and expenditures of FY
2007 and set various accounts to their audited balances; 2) Decrease of
Operating Revenue to better reflect current customer usage patterns; 3) Decrease
of Connection Fee Revenue to reflect decreased building activity; 4) Decrease
of Special Assessment Revenue due to decreased connection activity; and 5)
Decrease in various equipment, capital, and expense accounts to maintain a
balanced budget….(WUD)
63 5D REVISED TITLE & SUMMARY: Staff recommends motion to: A) adopt a Resolution accepting as the
County’s statement under Section 125.3401, Florida Statutes, the public
interest statement and determining that the purchase of the water and
wastewater system of the Indian Trail Improvement District (District) is in the
public interest; B)..C).. D)…SUMMARY:
The Water Utilities Department has been working diligently to negotiate
interlocal agreements with water and wastewater service providers in the western
communities. This Agreement is the fifth
such agreement brought to the Board and its adoption achieves the Board’s goal. This
Agreement permanently resolves the ongoing service area disputes between the
District and the County. The County
shall be the District’s exclusive provider of bulk and retail potable water,
reclaimed water, and wastewater service.
The County agrees to compensate the District in the amount of $6,175,000
for utility assets, current and future customers, stabilization of certain
roadways, and to settle ongoing litigation.
The County will pay an additional $2,215,800 to terminate the existing
bulk service agreement between the District and the City of West Palm
Beach. The District shall control the
special assessment program within the Acreage area legislative
boundaries of the District’s boundaries, including the design and
construction of utility infrastructure in accordance with County standards and
permitting, and, following construction, will convey such infrastructure to the
County. The County will allocate
$500,000 to provide financial support for up to 10% of the total costs for
future assessment projects within the Acreage area. Those residents
wishing to connect to County utility service shall then pay applicable connection
fees to the County. The District may also choose to permit the County to
conduct special assessments within the Acreage area of the District’s their
boundaries. Other considerations
afforded the County under this Agreement include: 1) the reasonable
provision by District of vehicles and staff to move emergency generators
throughout the legislative boundaries of the District during emergencies; 2)
the reasonable provision of sites for future water supply wells and a
laydown yard;… (WUD)
65 6B-2 ADD-ON: Acceler8: Workforce Training & Local
Business Development, Presentation by the South Florida Water Management
District. (Admin.)
65 6B-3 ADD-ON: Staff requests Board direction: regarding the request by Court Administration
to fund $44,500 to maintain the Civil Traffic Hearing Officer Program through
June 30, 2008 as a result of State budget cuts.
SUMMARY: This Program,
which handles traffic infractions in a more efficient manner than regular court
process, will end March14, if not funded. Source of funds would be general fund
contingency. Court Administration understands that County funding is unlikely
for July, but providing interim funding would allow time for evaluation of
alternatives and adjustments to process with law enforcement. According to the Clerk, the County collected
$2,047,234 last fiscal year from fines from this hearing process. Court Administration thinks that revenues
will decrease if this Program is terminated.
Countywide (TF) (Admin.)
66 6C-1 REVISED
TITLE: Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on May 20,
2008 at 9:30 a.m.: an Ordinance of
the Board Of County Commissioners of Palm Beach County, Florida, authorizing
the use of unmanned cameras at traffic signals to promote traffic safety;
providing for title and purpose; providing for use of image capture
technologies; providing for definitions; providing for adherence to red light
traffic control signals; providing for violation; providing for warning signs
at monitored intersections; providing for review of recorded images; providing
for notice of infraction; providing for vehicle owner responsibilities;
providing for appeal to Palm Beach County’s hearing officer; providing for
vehicle owner affidavit of non-responsibility; providing for penalties;…(County
Attorney)
70 6F-1 DELETED: Staff recommends motion to: A) approve on preliminary reading and advertise for Public Hearing on April 15, 2008, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending the Palm Beach County Unified Land Development Code, Ordinance 2003-67, as amended, by amending Article 13, concerning countywide impact fee amounts and regulations, as follows: amending Chapter A - General; Chapter B - County District, Regional, and Beach Parks Impact Fee; Chapter C – Fire Rescue Impact Fee; Chapter D - Library Impact Fee; Chapter E - Law Enforcement Impact Fee; Chapter F - Public Buildings Impact Fee; Chapter H - Road Impact Fees;…(OFMB) (Further staff review)
71 6G-1 DELETED: Staff recommends motion to adopt:
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
changing the street name of Orange Road to Kiwi Court,…(PZ&B) (Further
staff review)
71 6I-2 ADD-ON: Staff recommends motion
to:
A) declare AFCO Constructors,
Inc. (AFCO), in default of its Construction Contract (R2006-0338) (Contract)
with the County for the Concourse C Gate Expansion Project at Palm Beach
International Airport (Project);
B) terminate AFCO’s right to complete
the work under the Contract;
C) authorize the Department of
Airports (DOA) to undertake completion of the Project with DOA employees and/or
through a third party completion contractor; and
D) authorize the County
Administrator, or his designee, to make demand on AFCO’s surety to fulfill its
obligations under the Public Construction Bond for the Project.
SUMMARY: On February 28, 2006, the BCC approved the Contract
with AFCO for the Project in the amount of $17,433,942. The County approved Change
Orders 1-13, which provided for a net increase to the Contract amount of $649,489
and a time extension of 52 calendar days.
The current Contract amount is $18,083,431. To date, the County has paid $12,925,326 of
the total Contract amount. DOA is
requesting termination of AFCO’s right to complete the work under the Contract
based on AFCO’s failure to correct work that is not in compliance with the
Contract and failure to perform work in a good and workmanlike manner. Countywide
(JCM) (Airports)
72 6K-1 ADD-ON: Staff
recommends motion to approve: Settlement Agreement, Waiver and
General Release, inclusive of attorney’s fees and costs, in the total amount of
$56,000, to settle the claims of former County employee Howard H. Eisenman,
(Employee Grievance Nos. 2007-06-2073, 2007-04-2068, and 2006-12-2056). SUMMARY:
Howard H. Eisenman is a former County
employee who was employed as a Communicator in the Public Safety Department. On
June 18, 2007, Mr. Eisenman was terminated from County employment for failing
to perform his assigned duties. Mr. Eisenman filed a grievance of his
termination. Under the terms of the settlement, Mr. Eisenman will withdraw all
pending grievances, tender his resignation, and provide the County with a
general release. Staff, including Administration, the Human Resources
Department and the Public Safety Department, concurs that this settlement is in
the best interest of Palm Beach County. Countywide (EC) (Public Safety)
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 (*).