ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

APRIL 15, 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 7 - 37)

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.  (Annual Service Awards)  (Page 38)

 

 

5.         PUBLIC HEARINGS - 9:30 A.M. (Pages 39 - 40)  

 

 

6.         BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 41)

 

 

7.         REGULAR AGENDA (Pages 42 - 43)

            TIME CERTAIN – 10:30 A.M. (Retired Law Enforcement Weapons Certification) (Page 43)

 

 

8.         WORKSHOP SESSION – 2:00 P.M. (Homeless Strategic Plan) (Page 44)

 

 

9.         BOARD APPOINTMENTS (Pages 45 - 46)

 

 

10.       STAFF COMMENTS (Page 47)

 

 

11.       COMMISSIONER COMMENTS (Page 48)

 

 

12.       ADJOURNMENT (Page 48)

 

 

 

 

* * * * * * * * * * *

 


APRIL 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Agreement with Regina Blair for Keynote Speech for REAP Graduation

            3A-2    Memorandum of Agreement with United Way regarding Prosperity Campaign

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

Page 8

            3B-4    Sale of common stock arising from bankruptcy of US Airways

 

C. ENGINEERING & PUBLIC WORKS

Page 8

            3C-1   Consent & Subordination in favor of Lake Worth Drainage District for embankment easement

            3C-2   County Deed to convey to Lake Worth Drainage District 25-foot wide strip near on L-45 Canal

            3C-3   Amendment No. 2 with FDOT regarding widening of Atlantic Avenue

Page 9

            3C-4   Deleted

            3C-5   Six (6) Resolution declaring acquisition of property for improvements to West Atlantic Ave.

            3C-6   Interlocal Agreement with City of Delray Beach regarding open cuts in County roads

            3C-7   Interlocal Agreement with City of Delray Beach for mast arm signals

            3C-8   Resolution declaring acquisition of property for improvements to Seminole Pratt Whitney Rd

            3C-9   Deleted

            3C-10 Deleted

            3C-11 Transfer Agreement of Hooker Highway for maintenance responsibilities to FDOT

Page 10

            3C-12 Warranty Deed for Parcel 101 on Congress Avenue

            3C-13 Amendment No. 1 with FDOT for intersection improvements at Forest Hill Blvd/Congress Ave

            3C-14 Contract with J.W. Cheatham for widening of Haverhill Road

            3C-15 Establishment of a review fee for applications to determine compliance with TPS

 

D. COUNTY ATTORNEY

Page 11

            3D-1   Interlocal Agreement with Broward County relating to public debt for property transferred due to boundary changes

            3D-2   Quit-Claim Deed to Jewish Community Facilities regarding Palm Beach Farms Plat No. 3

 

E. COMMUNITY SERVICES

Page 11

            3E-1    Child Care Provider Agreement w/Florence Fuller Child Development for Head Start services

            3E-2    Child Care Provider Agreement w/The King’s Kids for Head Start services

Page 12

            3E-3    Child Care Provider Agreement w/The YWCA for Head Start services

            3E-4    Child Care Provider Agreement w/Education Development Center for Head Start services

            3E-5    Contract with Governor’s Council for summer camp scholarships

            3E-6    Modification No. 1 with Dept. of Community Affairs regarding utility assistance

Page 13

            3E-7    Use of Facility Agreement with Jewish Community Center for part-time meal site manger

            3E-8    Amendment No. 3 with Area Agency on Aging for Emergency Home Energy Assistance Program

            3E-9    Child Care Provider Agreement w/Apostolic Child Development Center for Head Start services

            3E-10 Child Care Provider Agreement w/Hispanic Human Resources Council for Head Start services

Page 14

            3E-11 Contract with Edward L. Peters, DDS for dental services to Head Start children

            3E-12 Amendment No. 1 w/Florence Fuller to increase funding for Head Start services

            3E-13 Amendment No. 1 w/YWCA to increase funding for Head Start services

            3E-14 Amendment No. 1 w/Education Development Center to increase funding for Head Start services

APRIL 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

E.  COMMUNITY SERVICES  (Cont’d)

Page 14

            3E-15 Amendment No. 1 w/A Step Above Learning Center to increase funding for Head Start services

Page 15

            3E-16 Amendment No. 1 w/The Union Missionary Baptist Church to increase funding for Head Start services

            3E-17 Amendment No. 1 w/Christians Reaching Out to Society for gleaning and food distribution

 

F. AIRPORTS

Page 15

            3F-1    Supplemental JPA with FDOT regarding taxilane rehabilitation at PBC Glades Airport

            3F-2    JPA with FDOT to upgrade airfield signage at PBC Park Airport (Lantana)

            3F-3    JPA with FDOT for lighting and segmented circle at North County General Aviation Airport

Page 16

            3F-4    First Amendment with JetBlue Airways to relocate operations to Concourse C

            3F-5    First Amendment with Apolodor Corp. for traveler services/concessions

            3F-6    Deleted

Page 17

            3F-7    Memorandum of Agreement for property exchange with Facilities Development & Operations

Page 18

            3F-8    Receive and file eight (8) standard agreements for Airports

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 18

            3G-1   Interlocal Agreement with City of Belle Glade for use of County Surplus Property Thrift Store

Page 19

            3G-2   Settlement offer regarding Code Enforcement lien with Alexander Braverman

            3G-3   Settlement offer regarding Code Enforcement lien with Valdeci Lopes

Page 20

            3G-4   Budget Amendments/Transfers regarding Public Improvement Revenue Refunding Bonds

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 21

            3H-1    JOC Work Order with H.A. Contracting Corp. regarding construction of metal building at Mounts Agriculture Complex

            3H-2    JOC Work Order with West Construction, Inc. regarding HVAC system at Fire Station 81

            3H-3    Interlocal Agreement w/Town of Jupiter Inlet Colony regarding County’s 800 MHz radio system

Page 22

            3H-4    JOC Work Order with Holt Contractors, Inc. for interior renovations to 911 Dispatch Center

            3H-5    Resolution authorizing lease of property to Theodore W. and Gertrude K. Winsberg

Page 23

            3H-6    Lease Agreement extension with Jewish Community Facilities Corp. for community policing station

            3H-7    Declaration of Easement for traffic signal at Forest Hill Blvd. and Okeeheelee Park entrance

Page 24

            3H-8    Lease Agreement with City of Delray Beach for 3.64 acres for future Head Start facility

            3H-9    Amendment No. 1 with Milagro Foundation for Delray Beach Early Head Start Program

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 25

            3I-1      Amendment No. 1 with Delray Elderly, LP for purchase/installation of five (5) generators

            3I-2      Amendment No. 1 with Town of Jupiter regarding 7th Avenue Stormwater Pump Station

            3I-3      State Housing Initiative Partnership Corrective Actions Policy

 

J. PLANNING, ZONING & BUILDING

Page 26

            3J-1    Eight (8) resolution regarding historic properties County tax exemptions

            3J-2    Annexation of a County-owned parcel into the City of West Palm Beach

 

APRIL 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

K. WATER UTILITIES

Page 27

            3K-1    Change Order No. 7 with R.J. Sullivan Corp. for WTP No. 8 expansion

            3K-2    Change Order No. 14 with R.J. Sullivan Corp. for WTP Nos. 2, 8 and 9 improvements

            3K-3    Receive and file one (1) standard development agreement

Page 28

            3K-4    Receive and file one (1) unilateral termination of standard potable water agreement

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 28

            3L-1    Amendment No. 1 with FDOT for SR 710 bridge construction/culvert replacement

Page 29

            3L-2    Interlocal Agreement with City of Boynton Beach for installation of pollution control devices

            3L-3    Three (3) law enforcement agreements in estuarine waters

Page 30

            3L-4    Task Order with Bridge Design Associates, Inc. for South Lake Worth Inlet sand transfer plant and design of north and south jetty rehabilitation and Bird Island seawall

            3L-5    Change Orders with AEM to construct for environmental restoration and enhancement project along Lake Osborne

 

M. PARKS & RECREATION

Page 30

            3M-1   Agreement with Milagro Foundation, Inc. for children’s programs expenses

Page 31

            3M-2   Agreement with Town of Manalapan for J. Turner Moore Memorial Library Lecture Series

            3M-3   Agreement with Palm Beach Multicultural Organization, Inc. for Caribbean Mardi Gras

            3M-4   Agreement with Boynton Beach Faith Based Community Development Corp. for Peace Makers Program

            3M-5   School Board RAP for English Language Learner Career Conference

            3M-6   School Board RAP for Loxahatchee Groves Elementary for 2008 Community Carnival

            3M-7   School Board RAP for 7th Annual Race for the Arts

Page 32

            3M-8   First Amendment with BMWS, Inc. for traveling basketball program

            3M-9   Independent Contractor Agreement with David Wright

            3M-10 First Amendment with Kiril Zahariev for USA swimming coaching services

            3M-11 Recreation Assistance Program allocation for Veteran’s Park Memorial Day event

            3M-12 Agreement with Special Olympics Florida, Inc. to fund Recreation Specialist position

Page 33

            3M-13 Budget Amendment/Transfer regarding replacement of Santaluces Park Pressbox

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 33

            3Q-1   Contract with Taylor Productions for CJC public awareness campaign

Page 34

            3Q-2   Memorandum of Understanding with DCF regarding the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Planning Program

 

R.  HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 34

            3S-1    Assignment of Computer Data Agreement with Property Appraiser for processing of electronic data associated with the Municipal Service Benefit Unit

 

T. HEALTH DEPARTMENT  -  None

 

APRIL 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

U. INFORMATION SYSTEMS SERVICES

Page 35

            3U-1    Affiliate Connection Agreement with Florida LambdaRail for high-speed network services

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 35

            3X-1    Receive and file Agreement with City of Miramar as the fiscal agent for the Ft. Lauderdale Urban Area Security Initiative

Page 36

            3X-2    Receive and file Modification for Hazard Mitigation Grant with Division of Emergency Mgmt

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 36

            3AA-1 Standard Agreement with Area Agency on Aging for DOSS transportation services

            3AA-2 FDOT JPA for additional funding for commuter bus service from Belle Glade to Clewiston

 

BB.  SHERIFF

Page 37

            3BB-1 Florida Fish & Wildlife Conservation Commission award for a Waterborne Response Team vessel

 

 

SPECIAL PRESENTATIONS – 9:30 A.M.

Page 38

            4A-1    Annual Service Awards

 

 

 PUBLIC HEARINGS - 9:30 A.M.

Page 39

            5A       Resolution confirming special assessment process for Dillman Road paving and drainage

            5B       Ordinance amending Palm Beach County Code (Purchasing Code)

Page 40

            5C       Water Restriction Surcharge Ordinance

            5D       Budget Amendments/Transfers to adjust FY 2008 budgets

 

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD

Page 41

            6A       Ordinance amending Palm Beach County Code (Environmental Control Code)

 

 

REGULAR AGENDA

 

ADMINISTRATION  -  None

 

            OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 42

            7B-1    Impact Fee Review Report


APRIL 15, 2008

 

TABLE OF CONTENTS

 

REGULAR AGENDA CONTINUED

 

 

            PLANNING, ZONING & BUILDING

Page 43

            7C-1   Ordinance amending Palm Beach County Code (Code Enforcement Citation Ordinance)

 

            SHERIFF

Page 43

            7D-1   Retired Law Enforcement Weapons Certification – TIME CERTAIN 10:30 A.M.

 

            AIRPORTS

Page 43

            7E-1    Master Plan Updates for four (4) County-owned and operated Airports

 

 

WORKSHOP SESSION – 2:00 P.M.

Page 44

            8A       Homeless Strategic Plan (Community Services)

 

 

BOARD APPOINTMENTS  (Pages 45 - 46)

 

 

STAFF COMMENTS  (Page 47)

 

 

COMMISSIONER COMMENTS (Page 48)

 

 

ADJOURNMENT (Page 48)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:   an Agreement with Regina Blair to perform the Keynote Speech for the Resident Education to Action Program (REAP) Graduation Ceremony and assist with the award and certificate presentation to REAP graduates on May 10, 2008 in an amount not-to-exceed $3,000.  SUMMARY:  The Agreement being submitted provides for a Certified Neighborhood Coordinator to perform as the Principal Lecturer for the REAP Graduation Ceremony and assist with the award and certificate presentation to REAP Graduates on May 10, 2008.  The speech will provide neighborhood revitalization technique strategies for reinvigorating neighborhoods focus on civic engagement, holistic community change, and empowerment to organize, plan for, and create vibrant communities for implementation of their community action plans.  Countywide  (AH)

 

 

2.         Staff recommends motion to approve:  Memorandum of Agreement with the United Way of Palm Beach County to support the Palm Beach County Prosperity Campaign Phase II in the amount not-to-exceed $210,655 for the period of October 1, 2007, through September 30, 2008.  SUMMARY:  On March 11, 2008, the Board of County Commissioners approved additional funding (Agenda Item 6B1) in the amount of $105,000 to support the Prosperity Campaign Volunteer Income Tax Assistance (VITA) Program for the 2008 income tax filing season. Staff recommends the continuation of the County’s participation in the Palm Beach County Prosperity Campaign for the tax year 2008. Funds for this program are included in the FY 2008 General Fund.  This Memorandum of Agreement is needed to facilitate the reimbursement of expenses to the United Way.  Countywide  (DN)

 

 

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

                                                            Workshop                                          November 27, 2007

                                                            Workshop                                          December 11, 2007

 

 

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

 

 

 

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER  (Cont’d)

 

4.         Staff recommends motion to approve:

 

A)  the sale of all common stock shares held by the County arising from bankruptcy distribution of US Airways; and

 

B)  the designation of the Clerk & Comptroller, or her designee, as the Primary Authorized Person to act on behalf of the County to handle the sales transaction with Computershare.

 

SUMMARY:  US Airways filed for bankruptcy protection on August 11, 2002 with outstanding payments to the County’s Department of Airports in the amount of $154,975.66.  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 Plans of Reorganization from US Airways 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 US Airways is $128, before transaction fees.  Additional distributions may be expected.  All Airport fees subsequent to the respective 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  (PM)

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:  a Consent and Subordination, in favor of the Lake Worth Drainage District (LWDD) of a Palm Beach County-owned (County) Permanent Embankment Easement (Easement) lying parallel to the L-39 canal and perpendicular to Lyons Road.  SUMMARY:  This item will approve a Consent and Subordination, as requested by LWDD, of an Easement purchased by the County for the Lyons Road from Clint Moore Road to Linton Boulevard project.  District 5  (PK)

 

 

2.         Staff recommends motion to approve:  a County Deed to convey a 25 foot wide strip of land on the north side of the L-45 Canal to the Lake Worth Drainage District (LWDD).  SUMMARY:  Approval of this action will convey a 25 foot wide strip of land to LWDD, as needed for an LWDD permit.  District 5  (PK)

 

 

3.         Staff recommends motion to:

 

A) adopt a Resolution to approve Amendment No. Two to a Joint Participation Agreement (JPA) with the State of Florida Department of Transportation (FDOT); and

 

B) approve Amendment No. Two to a JPA with the FDOT, approved January 31, 2004, by R2004-0070, and as amended April18, 2006, by R2006-0634, for the widening and reconstruction of Atlantic Avenue from west of Lyons Road to east of Florida’s Turnpike (Project).

 

SUMMARY:  This item will amend a JPA with FDOT to modify the funding.  The FDOT has made available $2,000,000, on a reimbursement basis to Palm Beach County, for right-of-way acquisition, in connection with the Project. This Amendment will change the reimbursement procedure.  District 5  (PK)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

4.         DELETED

 

 

5.         Staff recommends motion to adopt:  six (6) Resolutions superseding Resolutions R2006-2688; R2006-2689; R2006-2690; R2006-2691; R2006-2704 and R2006-2705, declaring the acquisition of property known as Parcels 25 and 26 in fee simple; 801 and 802 as Permanent Easements, and Parcels 901 and 902 as Temporary Construction Easements for the improvement of West Atlantic Avenue, from 1,330 feet west of Lyons Road to Starkey Road and Lyons Road from West Atlantic Avenue to 900 feet north of West Atlantic Avenue.  SUMMARY:  This action will adopt six (6) Resolutions to authorize the filing of eminent domain proceedings against six (6) parcels.  District 5  (PM)

 

 

 6.        Staff recommends motion to approve:  an Interlocal Agreement between Palm Beach County (County) and the City of Delray Beach (City) regarding open cuts in County maintained roadways.  SUMMARY:  The City has agreed to follow the policies and procedures set forth by the County regarding open cuts in County roads; however, the City is requesting that it not be required to provide surety bonds for the open cuts, as required by County Policy, but instead will be bound by the terms and conditions of this Interlocal Agreement.  District 5  (MRE)

 

 

7.         Staff recommends motion to approve:  an Interlocal Agreement with Delray Beach (City) in an amount not-to-exceed $132,101 for mast arm signals at West Atlantic Avenue and 2nd Avenue.  SUMMARY:  Approval of this Agreement will allow Palm Beach County to reimburse the City in a not-to-exceed amount of $132,101 for the installation of mast arm signals at West Atlantic Avenue and 2nd Avenue.  A Budget Transfer for this signal was previously approved.  Districts 4 & 7  (MRE)

 

 

8.         Staff recommends motion to adopt:  a Resolution declaring the acquisition of properties designated as Parcels 2A and 3B as Fee Simple whole take acquisitions for Water Management Areas necessary for the construction and improvements on the Seminole Pratt Whitney Road from Orange Boulevard to south of Northlake Boulevard project.  SUMMARY:  This action initiates eminent domain proceedings against two (2) parcels having a total appraised value of $494,000.  District 6  (PM)

 

 

9.         DELETED

 

 

10.       DELETED

 

 

 11.      Staff recommends motion to approve:  the Transfer Agreement of Hooker Highway roadway jurisdictional and maintenance responsibilities from Palm Beach County (County) to the Florida Department of Transportation (FDOT).  SUMMARY:  The Transfer Agreement will transfer maintenance jurisdiction for Hooker Highway between SR 80 and SR 715 from the County to FDOT for the purposes of establishing a truck bypass route around the City of Belle Glade.  District 6  (MRE)

 


APRIL 15, 2008

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

12.       Staff recommends motion to:

 

A)  accept a Warranty Deed for Parcel 101 on Congress Avenue; and

 

B)  approve payment of a counter-offer in the amount of $257,160, which is inclusive of attorney fees for Parcel 101.

 

SUMMARY:  This action will accept a Warranty Deed for a parcel of land needed for right-of-way purposes and approve a counter-offer in the amount of $257,160 for the purchase of the parcel of land, designated as Parcel 101. This parcel is required for the construction of improvements on the Congress Avenue south of Lantana Road to Lantana Road project.  District 3  (PK)

 

 

13.       Staff recommends motion to: 

 

A) approve Amendment Number One to the County Incentive Grant Program (CIGP) Agreement (R2007-0619) with the State of Florida Department of Transportation (FDOT) for the intersection improvements at SR-882/Forest Hill Boulevard and SR-807/Congress Avenue (Project); and

 

B) adopt a Resolution concerning this Agreement.

 

SUMMARY:  This action approves Amendment Number One to the CIGP Agreement with FDOT for the Project.  This amendment extends the expiration date to June 30, 2009.  Districts 2 & 3 (PK)

 

 

14.       Staff recommends motion to approve: 

 

A) a Contract with J.W. Cheatham, LLC (Cheatham), the lowest responsive, responsible bidder in the amount of $2,088,624.55 for the widening of Haverhill Road from 45th Street to north of NPBCID EPB-10 Canal (Project) to a four (4) lane facility; and

 

B) a Budget Amendment of $299,919 in the Road Impact Fee Fund – Zone 2 to recognize reimbursement funding from the City of Riviera Beach and appropriate it to the Project.

 

SUMMARY: This Contract will provide all the work necessary to construct the Project.  The Small Business Enterprise (SBE) goal for the Project is 15% overall.  The SBE participation committed for the project by Cheatham is 15%.  The time limit for the completion of all work under this contract shall be not more than two hundred and thirty (230) calendar days (with the box culvert phase to be completed within 45 calendar days).  District 7  (MRE)

 

15.       Staff recommends motion to approve:

 

A)  establishing an application fee of $0.80 per net daily trip with a minimum fee of $150 to defray the cost for processing the review of a Traffic Impact Study for compliance with Article 12 of the Unified Land Development Code; and

 

B) establishing an application fee of $0.40 per net daily trip with a minimum fee of $75 to defray the cost for processing the review of a Land Use Traffic Study for compliance with Policy 3.5(d) of the Land Use Element of the Comprehensive Plan.

 

SUMMARY:  This motion would establish a review fee for applications to determine compliance with TPS.  Countywide   (MRE)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file:  the signed Interlocal Agreement between Broward County and Palm Beach County relating to public debt for property transferred due to boundary changes, as authorized by Board Item 6E1 on September 11, 2007.  Summary: On September 11, 2007, the Board approved agenda item 6E1 to approve an Interlocal Agreement between Broward County and Palm Beach County relating to public debt for property transferred due to boundary enacted by Chapter 2007-22, Laws of Florida.  The Interlocal Agreement has been signed by both counties and the Interlocal Agreement should now be received and filed in the Minutes Department.  Countywide  (PFK)

 

2.         Staff recommends motion to approve:  execution of a Quit-Claim Deed to Jewish Community Facilities Corporation, a Florida non-profit corporation, conveying any County interest in certain rights-of-way in Palm Beach Farms Plat No. 3.  Summary:  Recent recorded quit-claim deeds to the County from West Peninsular Title Company and Absolute, Inc. have raised a title issue.  County Quit-Claim Deeds have been used to resolve this title issue with other affected property owners.  This Quit-Claim Deed covers certain Palm Beach Farms Plat No. 3 strips that had lost public dedication through the West Peninsular federal lawsuit.  The property is located just south of Glades Road at 95th Avenue in unincorporated Palm Beach County, Florida.  District 5 (PFK)

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with Florence Fuller Child Development Center, Inc., for the period of March 1, 2008, through August 19, 2008, in an amount of $49,123, for services to Head Start children and families.  SUMMARY: Florence Fuller Child Development Center, Inc., will extend hours and provide Head Start services to approximately 22 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees.  The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $49,123 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours.  (Head Start)  Countywide  (TKF)

 

 

2.         Staff recommends motion to approve: Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with The King’s Kids Early Learning Center Inc., for the period of March 1, 2008, through August 19, 2008, in an amount of $42,606, for services to Head Start children and families.  SUMMARY: The King’s Kids Early Learning Center Inc. will extend hours and provide Head Start services to approximately 18 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees. This Agreement will enhance school readiness for four- year-old children.  The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $42,606 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours.  (Head Start)  Countywide  (TKF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

3.         Staff recommends motion to approve: Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with The YWCA of Palm Beach County, Inc., for the period of March 1, 2008, through August 19, 2008, in an amount of $10,651, for services to Head Start children and families.    SUMMARY: The YWCA of Palm Beach County, Inc., will extend hours and provide Head Start services to approximately 5 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees. This agreement will enhance school readiness for four- year-old children. The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $10,651 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours.  (Head Start)  Countywide  (TKF)

 

 

4.         Staff recommends motion to approve: Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with Education Development Center, Inc. (d/b/a My First Steps Preschool) for the period of March 1, 2008, through August 19, 2008, in an amount of $75,461, for services to Head Start children and families.  SUMMARY: Education Development Center, Inc. (d/b/a My First Steps Preschool) will extend hours and provide Head Start services to approximately 30 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees. This Agreement will enhance school readiness for four-year-old children. The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $75,461 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours.  (Head Start)  Countywide  (TKF)

 

 

5.         Staff recommends motion to approve: Contract with Governor’s Council for Community Health Partnerships for the period of March 1, 2008, through September 30, 2008, in an amount not-to-exceed $540,000 for summer camp scholarships.  SUMMARY:  The Summer Camp Scholarship Program pays full tuition and associated fees for eligible children to attend day camp during the summer months. In 2007, the Governor’s Council for Community Health Partnerships (GCCHP) through donations, grants and matching funds secured $654,933. These funds combined with the funds from the BCC served 2,066 children at over 100 camps in Palm Beach County. GCCHP processes payments to the specific summer camp providers based on invoices from PBC Division of Human Services. GCCHP maintains financial records & reports of payments and receipts for summer camp funding.  GCCHP does not charge fees or indirect costs for these services; all funds are utilized for scholarships.  (Human Services)  Countywide  (TKF)

 

 

6.         Staff recommends motion to approve: Modification No. 001 to FY 2007-2008 Community Services Block Grant Contract (R2007-1282) with the State of Florida Department of Community Affairs for the period of October 1, 2007, to September 30, 2008, in an amount of $47,447 for utility assistance to low income families.   SUMMARY: Modification No. 001 to FY 2007-2008 Community Services Block Grant (CSBG) will incorporate base increase funds of $4,837 and carryover funds of $42,610 for a new CSBG total of $937,762.  CSBG funds of $937,762 and County matching funds of $187,553 bring the new CSBG contract total to $1,125,315.  The additional funding will enable PBC Community Action to provide utility assistance to an additional 308 low income families.  The County matching funds are included in the Department’s FY 2008 budget request.  No additional county funds are required.  (Community Action Program)  Countywide  (TKF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

7.         Staff recommends motion to approve:  Use of Facility Agreement with the Jewish Community Center of the Greater Palm Beaches, Inc., for the period January 1, 2008, through June 30, 2008, for a not-to-exceed amount of $6,235, for funding of a part-time meal site manager.  SUMMARY:  The Agreement provides for a part-time meal site manager at the Jewish Community Center of the Greater Palm Beaches, Inc. site located at 3151 N. Military Trail, West Palm Beach. This site consists of Jewish participants who require a kosher meal.  The $6,235 will provide the salary and fringe benefits for a site manager for 25 hours per week.  The program is funded under the Older Americans’ Act grant in the amount of $5,611 (90%) and $624 (10%) in County match.  The County’s portion is included in the FY 2008 budget.  (DOSS)  Countywide except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road  (TKF)

 

 

8.         Staff recommends motion to approve:  Amendment No. 003 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 $4,265 for a new total not-to-exceed the amount of $65,486.  SUMMARY:  This Amendment will decrease Outreach by $410 and increase Crisis Benefits by $4,675.  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)

 

 

9.         Staff recommends motion to approve: Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with Apostolic Child Development Centers, Inc., for the period of March 1, 2008, through August 19, 2008, in an amount of $33,988 for services to Head Start children and families. SUMMARY: Apostolic Child Development Centers, Inc., will extend hours and provide Head Start services to approximately 15 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees. This agreement will enhance school readiness for four-year-old children. The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $33,988 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours.  (Head Start)  Countywide  (TKF)

 

 

10.       Staff recommends motion to approve:  Four-year-old Child Care Provider Head Start/VPK Enhancement Agreement with Hispanic Human Resources Council, Inc., for the period of March 1, 2008, through August 19, 2008, in an amount of $49,691 for services to Head Start children and families.  SUMMARY: Hispanic Human Resources Council, Inc., will extend hours and Provide Head Start services to approximately 21 children currently not enrolled or receiving only limited hours and services funded through Voluntary Prekindergarten subsidized child care or parent fees. This agreement will enhance school readiness for four-year-old children. The County enters into contracted service agreements with child care agencies to provide comprehensive Head Start services.  Funding consists of $49,691 in County funds only.  By using County funds, the length of the day is extended from three (3) hours a day to eight (8) hours. (Head Start)  Countywide  (TKF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

11.       Staff recommends motion to approve: Contract for Consulting/Professional Services with Edward L. Peters, D.D.S., for the period of May 1, 2008, through September 30, 2008, in an amount of $2,800, for dental services to non-Medicaid and uninsured Head Start children.   SUMMARY: Edward L. Peters, D.D.S. will provide dental examinations and treatment services to non-Medicaid and uninsured Head Start children.  Funding consists of $2240 (80%) in Federal funds and $560 (20%) in County funds. The County’s portion is included in the FY 2008 budget.  (Head Start)  Countywide  (TKF)

 

 

12.       Staff recommends motion to approve:  Amendment No. 001 to the Delegate Agency Agreement with Florence Fuller Child Development Centers, Inc. (R2007-1673) for the period of April 1, 2008, through September 30, 2008, to increase funding by $32,331 for a new total of $917,624.  SUMMARY:  This Amendment increases the contracted rate for the provision of Head Start/Early Head Start services.  The rate adjustment recognizes the increased costs of operating the Head Start Program and provides for a standardization of rates among delegate agencies and service providers.  A review and comparison of program costs and operations for all contracted agencies in this program was used to determine the new recommended rate.  (Head Start)  Countywide  (TKF)

 

 

13.       Staff recommends motion to approve:  Amendment No. 001 to the Delegate Agency Agreement with Y.W.C.A. of Palm Beach County, Inc. (R2007-1687) for the period of April 1, 2008, through September 30, 2008, to increase funding by $20,654 for a new total of $490,861.  SUMMARY:  This Amendment increases the contracted rate for the provision of Head Start/Early Head Start services.  The rate adjustment recognizes the increased costs of operating the Head Start Program and provides for a standardization of rates among delegate agencies and service providers.  A review and comparison of program costs and operations for all contracted agencies in this program was used to determine the new recommended rate.  (Head Start)  Countywide  (TKF)

 

 

14.       Staff recommends motion to approve:  Amendment No. 001 to the Contract Provider Agreement with Education Development Center, Inc. (d/b/a My First Steps Preschool) (R2007-2067) for the period of April 1, 2008, through September 30, 2008, to increase funding by $3,266 for a new total of $490,648.  SUMMARY:  This Amendment increases the contracted rate for the provision of Head Start/Early Head Start services.  The rate adjustment recognizes the increased costs of operating the Head Start Program and provides for a standardization of rates among delegate agencies and service providers.  A review and comparison of program costs and operations for all contracted agencies in this program was used to determine the new recommended rate.  (Head Start)  Countywide  (TKF)

 

 

15.       Staff recommends motion to approve:  Amendment No. 001 to the Child Care Provider Agreement with A Step Above Learning Center, Inc. (d/b/a A Step Above Early Learning Center (R2007-1786) for the period of April 1, 2008, through September 30, 2008, to increase funding by $2,378 for a new total of $110,150.  SUMMARY: This Amendment increases the contracted rate for the provision of Head Start/Early Head Start services.  The rate adjustment recognizes the increased costs of operating the Head Start Program and provides for a standardization of rates among delegate agencies and service providers.  A review and comparison of program costs and operations for all contracted agencies in this program was used to determine the new recommended rate.  (Head Start)  Countywide  (TKF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

16.       Staff recommends motion to approve:  Amendment No. 001 to the Child Care Provider Agreement with The Union Missionary Baptist Church, Inc. (Day Care Center) (R2007-1785) for the period of April 1, 2008 through September 30, 2008, to increase funding by $628 for a new total of $207,343.  SUMMARY:  This Amendment increases the contracted rate for the provision of Head Start/Early Head Start services.  The rate adjustment recognizes the increased costs of operating the Head Start Program and provides for a standardization of rates among delegate agencies and service providers. A review and comparison of program costs and operations for all contracted agencies in this program was used to determine the new recommended rate.  (Head Start) Countywide  (TKF)

 

 

17.       Staff recommends motion to approve: Amendment No. 1 to the Agreement with Christians Reaching Out to Society, Inc. (R2007-1467) for the period of October 1, 2007, through September 30, 2008 to increase the contract by $20,000 for a total of $62,548 for gleaning and food distribution services.  SUMMARY:  On September 11, 2007, the Board of County Commissioners approved a contract with Christians Reaching Out to Society, Inc. for gleaning and food distribution. The additional funds would specifically support produce distribution from gleaning efforts as well as donations from local growers.  This produce adds much needed nutrition to the diet and promotes health and wellness. This is a one (1) time contract supplement using Financially Assisted Agency unallocated funds.  (Human Services)  Countywide  (TKF)

 

 

F.         AIRPORTS

 

                        1.         Staff recommends motion to adopt:  a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with the Florida Department of Transportation (FDOT) increasing the original FDOT funding share from $3,575 to $7,884 for the Taxilane Rehabilitation at Palm Beach County Glades Airport (Pahokee).  SUMMARY:  On May 15, 2007 (R2007-0759), the BCC adopted a resolution approving a Joint Participation Agreement with the FDOT in the amount of $3,575 or 2.50% of the eligible project costs, whichever is less, for the Taxilane Rehabilitation at Pahokee Airport.  The FDOT has issued SJPA Number 1 increasing the original funding share from $3,575 to $7,884.  This change will allow for the use of state funds based upon an increase in the scope of the project and a revised cost estimate.  Countywide  (AH) 

 

 

                        2.         Staff recommends motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $10,000 to upgrade airfield signage at Palm Beach County Park Airport (Lantana).  SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $10,000 or 2.50% of the eligible project costs, whichever is less.  Countywide  (AH)

 

 

                        3.         Staff recommends motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $7,500 to replace lighting and segmented circle at North County General Aviation Airport.  SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $7,500 or 2.50% of the eligible project costs, whichever is less.  Countywide  (AH)

 

 

                       


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

 

4.         Staff recommends motion to approve:  a First Amendment to Airline-Airport Use and Lease Agreement with JetBlue Airways Corporation (JetBlue) (R2007-0272) (Airline Agreement) providing for the relocation of JetBlue’s operations to the Concourse C expansion area at the Palm Beach International Airport (PBIA).  SUMMARY:   On February 28, 2006, the Board approved a contract for the construction of three (3) additional gates on Concourse C at PBIA (R2006-0338).  JetBlue is currently operating on Concourse B pursuant to the Airline Agreement.  During the preceding 12 month period, JetBlue had the second highest number of passengers at PBIA and had the highest number of passengers within the preceding two (2) months.   Due to high passenger traffic on Concourse B and the availability of new concession opportunities near the additional gates, the Department is recommending relocation of JetBlue’s operations to Concourse C upon completion of construction.  Reduction of passenger traffic on Concourse B will also help to alleviate congestion at the Concourse B security checkpoint.  JetBlue has agreed to relocate its operations provided that the County reimburses JetBlue for design costs in an amount not-to-exceed $100,000 and for relocation costs in an amount not-to-exceed $20,000.  In addition to better allocating passenger traffic in the Terminal, the Department anticipates relocation of JetBlue will increase concession revenues at the CNBC News and Chili’s Too, which will be constructed near the new gate locations on Concourse C.  Countywide  (JB)

 

 

5.         Staff recommends motion to approve:  the First Amendment to the Traveler Services Center Concession Agreement at Palm Beach International Airport (PBIA) with Apolodor Corporation, extending the term of the Agreement through September 30, 2008.  SUMMARY:  On December 17, 2002, the Board approved a Traveler Services Center Concession Agreement (R2002-2260) with Apolodor Corporation.  Under the current Concession Agreement, Apolodor Corporation provides traveler services for the passengers at the Airport, including Florida Lottery ticket sales, postage, foreign currency exchange and automated teller machines (ATMs).  The Amendment provides for the extension of the term of the Concession Agreement to September 30, 2008, and payment of a month privilege fee of $1,064 to the County.  The Department is recommending extension of the Concession Agreement to provide additional time to prepare a separate ATM Request for Submittal.  Countywide  (AH)

 

 

6.         DELETED

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

7.         Staff recommends motion to: 

 

A) approve a Memorandum of Understanding (MOU) for Property Exchange between the Department of Airports (DOA) and Facilities Development and Operations (FD&O) providing for the exchange of approximately 19.769 acres of property located on Cherry Road (Cherry Road Property) for approximately 14.99 acres of property located along Belvedere Road and 5th Street (Belvedere Property);

 

B) approve a Letter of Release from Airport Improvement Program (AIP) Grant Assurances with the Federal Aviation Administration, releasing the Cherry Road Property from federal AIP grant assurance requirements in exchange for the Belvedere Property for future airport development; and

 

C) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida; determining that the Cherry Road Property is not necessary for airport purposes and that the disposition of the property shall not impair the operating efficiency of the airport system or reduce the revenue producing capability of the County’s Airport System.

 

SUMMARY:  The MOU for Property Exchange provides for the exchange of the Cherry Road Property, which is part of the County’s Airports System, for the Belvedere Property, which is used for general county purposes.  Appraisals obtained in October 2006 valued the Cherry Road Property at $9.5 million and the Belvedere Property at $10 million.  The exchange will allow DOA to use the Belvedere Property for future airport development and FD&O to meet its property needs in a more cost effective and timely way by reusing the existing gymnatorium located on the Cherry Road Property.   FD&O will continue to use portions of the Belvedere Property on a short term basis pursuant to a MOU for Lease of Property, which is being approved as part of the MOU for Property Exchange.  The fair market value of the two (2) properties is equivalent taking into account the rental that would have been payable by FD&O to DOA for the continued use of portions of the Belvedere Property.  Approval of the Letter of Release will permit FD&O to use the Cherry Road Property for general County purposes.  Approval of the Resolution will release the Cherry Road Property from the Airport System Revenue Bond requirements. Countywide  (JMB)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

8.         Staff recommends motion to receive and file:  eight (8) original Agreements for the Department of Airports:

 

A) Agreement to Terminate Hangar Lease Agreement with William Penza, Unit 4, Building 11240 at North County Airport, terminating R2004-0031 on March 31, 2008;

 

B) Agreement to Terminate Hangar Lease Agreement with Donald H. Priestley, Unit 16, Building 11730 at North County Airport, terminating R2006-1100 on February 29, 2008;

 

C) Agreement to Terminate Hangar Lease Agreement with Raymond Richards, Unit 5, Building 11740 at North County Airport, terminating R2007-1730 on March 31, 2008;

 

D) North County General Aviation Airport Hangar Lease Agreement with Marty Gettler, Unit 9, Building 11740, for one (1) year, automatically renewed at one (1) year intervals, commencing on March 1, 2008;

 

E) North County General Aviation Airport Hangar Lease Agreement with Thiery Pouille, Unit 16, Building 11730, for one (1) year, automatically renewed at one (1) year intervals, commencing on March 1, 2008;

 

F) First Amendment to Hangar Lease Agreement with Victor Girgenti, Unit 1, Building 11750, amending R2007-2179, effective February 15, 2008;

 

G) Second Amendment to Contract for Consulting/Professional Services with Kaplan, Kirsch and Rockwell, L.L.P. (R2006-0765) as amended by (R2007-0485) extending the term for one (1) additional year expiring on April 10, 2009; and

 

H) License Agreement with The Lightship Group for use and occupancy of Airport Property commencing February 7, 2008, and expiring March 3, 2008 for a fee of $3,250.

 

SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the BCC in R2004-1367, R2007-1755, R2007-0485 and R2007-2070.  Countywide  (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:  the Interlocal Agreement for the Co-Utilization of the Palm Beach County Surplus Property Thrift Store with the City of Belle Glade.  SUMMARY:  The Palm Beach County Thrift Store is a municipal investment recovery cooperative currently involving ten (10) other area local governments, in addition to the County government.  At present, these ten (10) partner agencies already have similar Interlocal Agreements whereby they utilize the facilities and business systems in operation at the Thrift Store for the disposal of their surplus tangible personal property assets.  In return, the County receives a sales commission fee for selling items belonging to these agencies.  The City of Belle Glade has expressed a desire to join the list of municipalities in the co-utilization of the Thrift Store for disposal of its surplus assets.  Approval of the Interlocal Agreement, already executed by the City, will permit the City to participate in the same manner as the other agencies.  Countywide  (PK)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET  (Cont’d)

 

 

2.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $15,000 for the full satisfaction of a Code Enforcement Lien that was entered against Alexander Braverman on October 4, 2006.  Summary:  The Code Enforcement Special Master (CESM) entered an Order on February 1, 2006 giving Mr. Braverman until April 2, 2006 to secure all open and accessible structures, to clean up the overgrown trees, vegetation, trash, and debris, and to repair the deteriorating wood on the structure, and fence on the property.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Alexander Braverman on October 4, 2006.  The cited code violations were fully corrected as of May 1, 2007.  The total accumulated lien amount through October 15, 2007, the date settlement discussions began, totaled $25,623.94, of which Alexander Braverman has agreed to pay the County $15,000 (58.5%) for full settlement of his outstanding Code Enforcement Lien.  District 2  (PGE)

 

 

3.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $11,500 for the full satisfaction of a Code Enforcement Lien that was entered against Valdeci Lopes on January 18, 2006.  Summary:  The Code Enforcement Special Master (CESM) entered an Order on August 3, 2005 giving Valdeci Lopes until November 1, 2005 to obtain a building permit for a screen enclosure that was built without a permit.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Valdeci Lopes on January 18, 2006.  The cited code violations were fully corrected as of September 21, 2007.  The total accumulated lien amount through October 13, 2007, the date settlement discussions began, totaled $45,923.02, of which Valdeci Lopes has agreed to pay the County $11,500 (25%) for full settlement of his outstanding Code Enforcement Lien.  District 5  (PGE)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET  (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) Budget Amendment of $29,600,454 in the $30M Revenue Refunding Bonds, Series 2008A Debt Service Fund to record refunding bond proceeds, annual interest payments, cost of issuance and transfers to various Sunshine Loan debt service funds for principal payments;

 

B) Budget Transfer of $2,233,144 in the $20.2M Sunshine No. 3 2000 800 MHZ Radio Capital Fund to adjust the reserve for future arbitrage payments and transfer funds to the $20M Sunshine No. 3 2000 800 MHZ Radio Debt Service Fund for principal payment;

 

C) Budget Transfer of $163,805 in the $12M Sunshine No. 5 2004 FAU/Scripps Capital Fund to record transfer of remaining funds to the $12M Sunshine No. 5 2004 FAU/Scripps Debt Service Fund for principal payment;

 

D) Budget Transfer of $1,274,672 in the $5.6M Sunshine No. 6 2004 Scripps Infrastructure, Beeline Bridge Capital Fund to set up budget for 800 MKZ radio equipment project as a result of the refunding of the $20.2M Sunshine No. 3 2000 800 MHZ Loan;

 

E) Budget Amendment of $15,005,000 in the $20.2M Sunshine No. 3 2000 800 MHZ Debt Service Fund to record transfers of bond proceeds and other funds for the final principal payment on the Loan and to transfer funds to the $30M Revenue Refunding Bonds, Series 2008A Debt Service Fund for the FY 2008 interest payment;

 

F) Budget Amendment of $256,524 in the $20M Sunshine No. 3 800 MHZ Debt Service Reserve Fund for balance brought forward and a transfer to the $20.2M Sunshine No. 3 Debt Service Fund for the payment of principal on the Loan;

 

G) Budget Amendment of $12,875,000 in the $50.8M Sunshine No. 1 1987 Debt Service Fund to record transfer of refunding bond proceeds for final principal payment; and

 

H) Budget Amendment of $4,000,000 in the $12M Sunshine No. 5 2004 FAU/Scripps Grant Debt Service Fund to record transfers of refunding bond proceeds and other funds for the final principal payment.

 

Summary:  On April 1, 2008, the Board authorized the issuance of not-to-exceed $30 Million of Public Improvement Revenue Refunding Bonds, Series 2008A to refund Sunshine Pool loans supported by bond insurance due to significant increases in variable interest rates.  Two (2) of the loans had unspent proceeds in the capital funds that bond counsel recommended be used to pay down principal as part of the refunding.  To use the unspent proceeds in the $20.2M Sunshine Loan for the 800 MHZ Radio Capital Fund, the budget for the $1,200,000 Intelligent Repeater Site Installation project was transferred to the $5.6M Sunshine No. 6 2004 Scripps Infrastructure/Beeline Bridge Capital Fund to use unspent proceeds in that fund.  The project description was changed in the loan agreement for the $5.6M Sunshine 2004 Loan to include the 800 MHZ System.  The Budget Amendments and Transfers set up the sale of the 2008A Refunding Bonds including cost of issuance, the payment of principal on the refunded Sunshine Loans and the payment of interest on the 2008A Refunding Bonds.  Countywide  (PFK)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

 

1.         Staff recommends motion to approve:  JOC Work Order No. 08-026 with H.A. Contracting Corp., (R2007-0944) in the amount of $239,956.05 to provide construction of a 30' by 80' metal building on the SW corner of the Mounts Agriculture Complex in West Palm Beach.  Summary: The work consists of the design and installation of a 2400 sq. ft. maintenance building including an 8' concrete work pad around the building, electrical, interior lighting and an air-conditioned breakroom, to meet all building code requirements. The SBE goals are 15%. The SBE participation in this Work Order is 32.34%.  When the participation for this Work Order is added to H.A.’s total participation-to-date, the resulting values are 18.9%. The total construction duration is 180 days.  This work will comply with all applicable local, state, and federal codes and regulations.  (FD&O Admin)  Countywide/District 6  (JM)

 

 

2.         Staff recommends motion to approve:  JOC Work Order No. 08-067 with West Construction, Inc., (R2007-0948) in the amount of $390,102.46 to provide replacement of the HVAC system at Fire Station 81 located at Palm Beach International Airport in West Palm Beach.  Summary:  The work consists of the complete replacement of the existing HVAC system including the ductwork, insulating the underside of the roof deck, installing a new code compliant stove hood, replacing the acoustical ceiling (tile and grid), adding a separate HVAC system for the front command office, removal and replacement of the stucco ceilings in the two (2) lobbies, providing a temporary kitchen during construction in one (1) of the bays, and associated electrical, painting, etc. The SBE goals are 15%. The SBE participation in this Work Order is 100%. When the participation for this Work Order is added to West’s total participation-to-date, the resulting values are 100%. The total construction duration is 180 days. This work will comply with all applicable local, state, and federal codes and regulations.  (FD&O Admin)  Countywide/District 2  (JM)

 

 

3.         Staff recommends motion to approve:  an Interlocal Agreement with the Town of Jupiter Inlet Colony (Town) allowing for interoperable communications through the countywide common groups of the County’s 800 MHz Radio System.  Summary:  This Interlocal Agreement provides the conditions under which the Town can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. The County’s system will not be utilized for routine operational communications by the Town. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement. The Town is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The term of the Agreement is for five (5) years with three (3) - five (5) year renewals. The Agreement may be terminated by either party, with or without cause.  (FDO/ESS)  Countywide  (JM)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

 

4.         Staff recommends motion to approve:  JOC Work Order No. 08-071 with Holt Contractors, Inc., (R2007-0947) in the amount of $309,931.14 to provide interior renovations to create a hurricane rated interior space for the 911 Dispatch Center at PBSO Administration Building.  Summary:  The work consists of the interior “hardening” of the walls and doors to create approximately 9,000 sq. ft. of interior space that will be hurricane resistant, including roll-down doors in the hallways, an independent HVAC system and emergency power. This project was funded from the Hurricane Hardening account established in 2007 and in large part allowed for the FY ‘08 cancellation of a future $20,000,000 EOC Expansion Project.  In addition, in FY ‘08 $8,000,000 was swept from the Hurricane Hardening account to the General Fund.  The SBE goals are 15%.  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 total construction duration is 180 days.  (FD&O Admin) Countywide/District 2  (JM)

 

 

5.         Staff recommends motion to:

 

A) adopt a Resolution authorizing the lease of certain real property to Theodore W. Winsberg and Gertrude K. Winsberg; and

 

B) approve a Fourth Amendment to Lease Agreement (R99-842D) with Theodore W. Winsberg and Gertrude K. Winsberg for the continued use of property located on Hagen Ranch Road, Boynton Beach.

 

Summary:  In 1996, the Board approved the purchase of 175 acres from the Winsbergs which was to be acquired in phases and was completed in 2000. The property is located off Hagen Ranch Road between Boynton Beach Boulevard and Atlantic Boulevard and was purchased for development of WUD’s Green Cay Wetlands Water Reclamation project. The Real Estate Purchase and Sale Contract (R96-1547D) granted the Winsbergs the right to lease back the property for $1/yr for farming until such time as WUD has improved or is prepared to improve 60% of the property. The County entered into a Lease with the Winsbergs in 1999, which has been extended three (3) times and will expire on May 1, 2008. WUD has completed Phase I of the Green Cay project encompassing roughly 62% of the property, but the construction of Phase II has been delayed indefinitely.  In light of the delay, the Winsbergs requested an additional extension for $1/yr.  WUD believes that the intent of the Contract was that the Winsbergs would lease the property rent free until such time that the County was prepared to commence construction of Phase II. The County is generally required to bid leases of County-owned property.  However, existing deed restrictions effectively preclude the County from leasing the property to others.   This Fourth Amendment will extend the term for two (2) years, from April 30, 2008 through May 1, 2010, with an option to renew the term of the Lease Agreement for ten (10) successive periods of one (1) year each.  The County will continue to have the right to terminate this Lease upon 120 days notice.  The annual rental rate for this Fourth Amendment will continue to be $1/yr.  All other terms of the Lease Agreement remain in full force and effect.  (PREM)  District 5  (HJF)


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

 

6.         Staff recommends motion to approve:  exercise of the second option to extend the term of the Lease Agreement (R2004-0802) with Jewish Community Facilities Corporation, for the continued use of a 1,770 sq. ft. building located in unincorporated Boca Raton, at an annual rate of $10.  Summary:  The County on behalf of the Palm Beach County Sheriff's Office currently leases a 1,770 sq. ft. building at the Jewish Federation of South Palm Beach County, Richard and Carole Siemens Jewish Campus.  The facility is located at 9378 SW 210th Street in Boca Raton, for use as a community policing station with offices for sworn and non-sworn personnel. The initial term of the Lease Agreement was for three (3) years ending on May 3, 2007, with two (2) extension options, each for one (1) year.  The Board approved the first extension option on April 10, 2007 (R2007-0511).  This second and final option will extend the term of the Lease Agreement for one (1) year, from May 4, 2008, through May 3, 2009, and will be the last extension due to the planned expansion of the Jewish Federation’s facilities and campus.  The County has the right to terminate the Lease Agreement at any time upon ninety (90) days written notice.  The annual rent for this extension period is $10 and the County is responsible for all utility costs.  (PREM)  District 5  (HJF)

 

 

7.         Staff recommends motion to approve:  a Declaration of Easement for traffic signal located at 8100 Forest Hill Boulevard in Wellington.  Summary:  The Traffic Division of Engineering has requested a Declaration of Easement at 8100 Forest Hill Boulevard to provide a traffic signal and related equipment at the intersection of Forest Hill Boulevard and the Okeeheelee Park entrance located west of Pinehurst Drive and east of the Florida Turnpike.  The easement area is approximately 20' in length and 50' in width (.02 acres).  The easement location was approved by the Departments of Water Utilities, Parks and Recreation and Engineering/Traffic Division.  The Declaration of Easement will be recorded to provide public notice of the existence and location of traffic signal improvements on County property.  (PREM)  District 6  (JMB)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

8.         Staff recommends motion to approve:

 

A) Lease Agreement with the City of Delray Beach to provide the County approximately 3.64 acres of land for development of a future Head Start facility; and

 

B) Memorandum of Lease to be recorded in the public records to provide notice of the Lease.

 

Summary:  The County’s Head Start Program in Delray Beach is currently operated out of modular buildings on property leased from the City on the west side of the City’s Catherine Strong Park (R96-984-D).  The County donated the land for the Park to the City in 1994 (R94-1762-D) and retained a $1/yr lease of the property utilized by Head Start which expires in 2011.  The City recently purchased an additional 6 acres of property for incorporation into the Park.  The City’s acquisition of this additional property provides an opportunity to redevelop the Park and improve drainage for the Park, the adjacent Boys and Girls Club Facility and the Auburn Trace low income housing project.  As part of this redevelopment, the City is assisting the County in the development of a permanent Head Start facility by making approximately 3.64 acres of the Park property available to the County.  The property will be leased by the County for 99 years and the County will pay the City a lump sum payment of $340,631.24 for that portion of the property purchased by the City (approximately 2.25 acres) within thirty (30) days of the date of issuance of a Certificate of Occupancy for the new Head Start Facility.  If the parties are able to create a legal lot of record, the City will convey the property to the County.  The County has the right to terminate the Lease Agreement at any time by providing the City ninety (90) days written notice.  The Lease Agreement provides for the City to: 1) obtain required re-zoning; 2) grant drainage and flowage easements for legal positive storm water outfall; 3) accommodate supplemental storm water retention; and 4) obtain releases of easements and use restrictions.  If requested, the County will enter into a cross parking easement with the adjacent Boys & Girls Club.   The County will continue to operate the existing Head Start facility under the existing lease until completion of the new facility.  At that time, the County will remove the modular buildings and improvements and then terminate the existing Lease. (PREM)  District 7  (HJF)

 

 

9.         Staff recommends motion to approve: Amendment Number One to Lease Agreement (R2002-0957) with the Milagro Foundation, Inc. for the County’s continued use of a 2,100+/- sq. ft. child care building and surrounding land for the Delray Beach Early Head Start Program at an annual rate of $37,200.  Summary:  The County, on behalf of the Community Services Department, Head Start Division, has leased this building & surrounding land located at 346 SW 6th Avenue in Delray Beach since 2002. The current term of the Lease expires April 30, 2008.  This Amendment: i) extends the term of the Lease for one (1) year from May 1, 2008 through April 30, 2009; and ii) updates the Notice provisions of both parties.  The annual rental rate will increase by 46.39% from $25,412.52 ($12.10/sf) to $37,200 ($17.71/sq. ft.).  The Landlord would prefer to have taken back this space to expand its programs, but agreed to extend the Lease for another year conditioned upon the rent increase.  The County will continue to pay for separately metered utilities and has the right to terminate the Lease upon ninety (90) days prior written notice to Landlord.  All other terms of the Lease remain in full force and effect.  The Early Head Start Program will be relocated to the new Head Start facility planned for construction within Delray Beach’s Catherine Strong Park in FY 2010.  (PREM)  District 7  (HJF)

 

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve: Amendment No. 001 to Agreement R2007-1522 with Delray Elderly, L.P., to: a) extend the expiration date from May 31, 2008 to September 30, 2008, and; b) replace Exhibit E to the Agreement.  SUMMARY:  This Agreement provides Delray Elderly, L.P., $150,000, in 2005 Disaster Recovery Initiative Program funds for the purchase and installation of five (5) generators for their residential buildings and clubhouse at 600 Lindell Blvd., in the City of Delray Beach.  The Amendment provides an extension of four (4) months to the term of the existing Agreement.  The time extension is due to delays associated with the delivery of the project consultant’s work product, and the funding recipient’s desire to revise the Declaration of Restrictions (which is provided as Exhibit E to the Agreement).  The terms of the revised Declaration of Restrictions have been agreed upon in consultation with the County Attorney’s Office.   These are Federal funds that require no local match. District 4  (TKF)

 

 

2.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2007-1818) with the Town of Jupiter, extending the expiration date from March 30, 2008 to September 30, 2008, for the expenditure of $482,350 in Community Development Block Grant funds.  SUMMARY:  The Amendment provides an extension of six (6) months to the term of the existing Agreement for improvements to the 7th Avenue Stormwater Pump Station in the Town of Jupiter.  The time extension is requested because of delays due to operational testing, resizing and reordering of the emergency generator equipment.  These are Federal funds that require no local match.  District 1  (TKF)

 

 

3.         Staff recommends motion to approve: the State Housing Initiatives Partnership (SHIP) Corrective Actions Policy for the Commission on Affordable Housing’s (CAH) Purchase Assistance Program. SUMMARY:  This Corrective Actions Policy outlines the process and penalties to be utilized when there is inappropriate conduct by “Business Partners” of the CAH’s Purchase Assistance Program.   For the sake of the Corrective Actions Policy, “business partners” are defined as: Appraisers, Building Contractors, Inspectors, Mortgage Lending Organizations, Non-profit Organizations, Realtors and Title Agents.  Potential sanctions include: indemnifying Palm Beach County’s interest in the subsidy assistance provided (along with a sixty day probationary period); suspension from participation in programs administered by Commission on Affordable Housing for 180 days; and debarment from participating in all programs administered by the Commission on Affordable Housing for a period of two (2) years. This recommended Corrective Actions Policy will further improve the Purchase Assistance Program; and was recommended for approval by the CAH Advisory Committee on February 28, 2008.  Countywide  (TKF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to:

 

A) adopt resolutions of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting County tax exemptions for a total of eight (8) historic properties located within the City of West Palm Beach; and

 

B) approve restrictive covenants for each historic property, requiring the qualifying improvements be maintained during the period that the tax exemption is granted.

 

SUMMARY: The resolutions will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach:

 

            Address:  326 Valencia Road

            Address:  502 Kanuga Drive

            Address:  526 30th Street

            Address:  532 27th Street   

            Address:  540 Clematis Street

            Address:  743 Biscayne Drive

            Address:  836 Claremore Street    

            Address:  2737South Flagler Drive

 

If granted, the tax exemption shall take effect January 1, 2008, and shall remain in effect for ten (10) years, or until December 31, 2017.  The exemption shall apply to 100 percent of the assessed value of all improvements to each historic property, which resulted from restoration, renovation, or rehabilitation of the property.  Based on the 2008 millage rate of 3.7811, it is estimated that approximately $8,119.53 tax dollars will be exempted annually.  Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted.  Districts 2 & 7  (RB)

 

 

2.         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 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)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

                        1.         Staff recommends motion to approve:  Change Order No. 7 to the Contract with R.J. Sullivan, Corp. (R2006-0780) for the Water Treatment Plant No. 8 Expansion Project decreasing the contract price by $44,500.56 and providing a 59 day time extension.  SUMMARY:  Change Order No. 7 authorizes the Contractor to perform various civil, mechanical, and electrical improvements for this project and to resolve conflicts with the proposed new facilities, and to comply with Building Department permit conditions. It also provides the Contractor with additional time (59 days) to accomplish the additional work.  Other revisions are to provide operating staff with additional storage containers for materials and equipment, replacement of the volute of High Service Pump No. 1  and  credits for deleting paving and grading and for the elimination of a hurricane hardening screen wall which is being deleted and replaced with hurricane shutters instead.  Total change orders to date, excluding the $1,712,386.46 sales tax recovery program change order, equal $884,059.29 (4.75% increase).  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0% overall. This Change Order includes zero overall SBE participation. The contractor’s cumulative SBE participation, including this Change Order, is 26.29% overall.  (WUD Project No. 05-146)  District 2  (JM)

 

 

                        2.         Staff recommends motion to approve:  Change Order No. 14 to the Contract with R.J. Sullivan, Corp. (R2004-1453) for the Water Treatment Plants 2, 8 and 9 Improvements Project decreasing the contract price by $112,290.99 and providing a 120 day time extension.  SUMMARY:  Change Order No. 14 authorizes the Contractor to perform various civil and electrical improvements for this project, and provides the Contractor with additional time. The total contract amount will decrease by $112,290.99.  Staff recommends a 120 day time extension to the Stage 2 substantial and final completion dates for delays from existing equipment repairs, design changes and additional work performed by the contractor outside the project scope. Total change orders to date, excluding the $2,669,145.64 sales tax recovery program change order, equal $765,480.60 (5.5% increase). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0% overall. This Change Order includes zero overall SBE participation. The contractor’s cumulative SBE participation, including this Change Order, is 26.67% overall.  This Change Order exceeds the cumulative approval limit for the Contract Review Committee.  (WUD Project No. 01-182B)  Districts 2 & 5  (JM)

 

 

                        3.         Staff recommends motion to receive and file: one (1) Standard Development Agreement, complete with executed documents, received during the month of February 2008:

 

                                    Standard Development Agreement

                                   

                                    Cypress Lakes Master Homeowners Association, Inc.                01-90002-000                                         

SUMMARY:  The terms and conditions for Standard Development Agreements are outlined in the Water Utilities Department’s Uniform Policies and Procedures Manual.  The Board of County Commissioners delegated the authority to execute various types of Standard Development Agreements to the Department Director including potable water and wastewater agreements (R93-1619); reclaimed water agreements (R96-0228); and additional conditions for potable water, wastewater, and reclaimed water agreements (R2003-0539).  After these agreements are executed by the developer and the Department, they must be recorded by the County Clerk’s Office. This agenda item recommends the Board receive and file the agreements so they may be properly recorded. District 6 (SF)


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES  (Cont’d)

 

                        4.         Staff recommends motion to receive and file: Unilateral Termination and Partial Release of Standard Potable Water and Wastewater Development Agreement Due to Non-Renewal for the following property owners:

 

                                    Termination of Standard Development Agreements

           

                                    Ronald Mastroianni and David Moscarelli                         02-01066-000                                                                                                                                         

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.  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. District 6  (SF)

 

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve:  Amendment No. 1 to the ANO-47 Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the County’s $2,547,626 advance funding of the SR-710/Beeline Highway Bridge Construction and Roadway Reconstruction (R2004-0932, dated May 18, 2004) to include Federal and State Audit provisions and change the State’s project identifying number.  Summary:  The JPA provided for the County to advance funding for bridge construction and culvert replacement west of the Beeline Highway and Northlake Boulevard for $2,547,626 in FY 2005 to improve waterflow to and through the Loxahatchee Slough and the northwest fork of the Loxahatchee River thereby advancing the State’s construction schedule.  Advanced funding was secured through the issuance of 2004 $5.6M Sunshine Loan No. 6.  The Amendment provides for the inclusion of Federal and State Audit provisions and changes the State’s project identifying number from FM403619-1-52-01 to FM403619-1-A8-01.  The County is eligible to invoice for reimbursement after July 1, 2008 contingent upon legislative budget approval for State Fiscal Year 2008-2009.  When the State provides a reimbursement to the County, Palm Beach County’s Office of Financial Management and Budget will arrange to pay off the Sunshine Loan.  Districts 1 and 6  (SF)

 

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT  (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve Interlocal Agreement with the City of Boynton Beach (City) in an amount not-to-exceed $750,000 for the installation of Pollution Control Devices through the Lake Worth Lagoon Partnership Grant Program (LWLPGP);

 

B) approve Amendment No. 2 to the Interlocal Agreement with the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) (R2006-0881, May 16, 2006) for Infrastructure Improvements Phases 5 & 6 at an increase of $1,080,383 through the LWLPGP;

 

C) approve Interlocal Agreement with the Riviera Beach Maritime Academy in an amount not to exceed $20,000 for the design, construction, deployment, and monitoring of an artificial reef habitat in Lake Worth Lagoon through the LWLPGP; and

 

D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with the City’s Agreement, the Westgate/Belvedere Homes Amendment, the Riviera Beach Maritime Academy’s Agreement, and make necessary minor amendments that do not change the scope of work or terms and conditions of the City’s Agreement, the Westgate/Belvedere Homes Amendment, or the Riviera Beach Academy’s Agreement.

 

Summary:  On December 18, 2007, the BCC approved a $3,500,000 Amendment No. 2 (R2007-2279) to the State=s Department of Environmental Protection (FDEP) Grant Agreement No. LP6046 for the LWLPGP.  Construction projects benefiting Lake Worth Lagoon habitat and water quality will be administered as subgrants via Interlocal Agreements with the responsible entities.  The total grant funding for the projects is $1,850,383.  A 100% match is required from the local entities.  Countywide  (SF)

 

 

3.         Staff recommends motion to receive and file:

 

A) Interlocal Agreement with the City of Boca Raton                    (District 4)

 

B) Interlocal Agreement with the City of Delray Beach                 (Districts 4 & 7)

 

C) Interlocal Agreement with the Florida Fish and                        (Countywide)

Wildlife Conservation Commission

 

Summary:  As part of the Manatee Protection Plan, the County has committed to annually provide $200,000 of funding for additional on-water law enforcement in the County’s waterways.  On December 18, 2007 (R2007-2277), the Board of County Commissioners approved a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in estuarine waters of Palm Beach County.  Delegation of the authority to execute these standard form Interlocal Agreements was approved, pursuant to PPM No. CW-O-051, on January 2, 2008.  Districts 4, 7 and Countywide  (SF)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT  (Cont’d)

 

4.         Staff recommends motion to approve:  Task Order No. ERM08-03 to a continuing Contract with Bridge Design Associates, Inc., in the amount of $355,672 for the South Lake Worth Inlet (SLWI) sand transfer plant design modifications and construction supervision, and final design of the north and south jetty rehabilitation and the Bird Island seawall.  Summary:  The BCC approved the Contract with Bridge Design Associates, Inc. (BDA) on February 5, 2008 (R2008-0159). Task Order No. ERM08-03 authorizes BDA to provide engineering services for proposed cost-saving modifications to the design of the SLWI sand transfer plant and utility trench and construction supervision during the estimated 16 month period of construction of the sand transfer plant.  Costs for construction supervision for the north and south jetty rehabilitation and the Bird Island seawall will be negotiated separately. There is 100% SBE consultant and subconsultant participation on this Task Order.  District 4  (JM)

 

 

5.         Staff recommends motion to approve:

 

A) Change Order No. 3 to the construction Contract (R2007-1139) with American Earth Movers, Inc. (AEM) in the amount of $266,868.82 for costs associated with safety design changes to the 10’ box culvert for the Chain of Lakes Restoration Project No. 2007907;

 

B) Change Order No. 4 to the Contract with AEM in the amount of $257,237.70 for costs associated with safety design changes to the 20’ box culvert; and

 

C) Change Order No. 5 to the Contract with AEM in the amount of $119,218.18 for construction and removal of temporary by-pass roads due to design changes.

 

Summary:  On July 10, 2007, the Board approved a Contract (R2007-1139) with American Earth Movers, Inc. (AEM) in the amount of $2,051,292 to construct an environmental restoration and enhancement project along the west side of Lake Osborne within John Prince Park in Lake Worth.  One (1) Change Order totaling $7,060.66 was issued to-date.  These Change Orders totaling $643,324.70 include costs for County-directed design changes.  There is no change in Contract time.  However, Change Order No. 4 authorizes a 117 day extension to the large box culvert milestone.  The revised Contract amount with these Change Orders is $2,701,677.36.  The Small Business Enterprise (SBE) participation for these Change Orders is 0%.  When added to the contractor's participation to date, the resulting SBE participation is 12.8%.  The contractor's original Contract SBE participation was 16.8%, which exceeded the County SBE goal of 15%.  This additional work is budgeted in the $25M Recreation & Cultural 1999 Bond Fund.  District 3  (JM)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:   Agreement with Milagro Foundation, Inc. for the period April 15, 2008, through November 30, 2008, in an amount not-to-exceed $5,000 for funding of operational expenses for children’s programs.  SUMMARY: This funding is to help offset costs for the children’s programs sponsored by the Milagro Foundation, Inc. The programs serve approximately 50 children at the Milagro Foundation Center in Delray Beach and an additional 500 children and adults through mentor and volunteer programs. The Agreement allows for the reimbursement of eligible expenses incurred subsequent to September 1, 2007.  Funding is from Recreation Assistance Program (RAP) District 7 Funds.  District 7  (AH)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

2.         Staff recommends motion to approve:  Agreement with the Town of Manalapan for the period April 15, 2008, through September 30, 2008, in an amount not-to-exceed $10,000 for funding of the J. Turner Moore Memorial Library Lecture Series.  SUMMARY: This funding is to help offset costs for the J. Turner Moore Memorial Library Lecture Series sponsored by the Town of Manalapan. The programs in the Lecture Series attract approximately 300 people. The Agreement allows for the reimbursement of eligible expenses incurred subsequent to January 1, 2007.  Funding is from the Recreation Assistance Program (RAP) District 4 Funds.  District 4 (AH)

 

 

3.         Staff recommends motion to approve:  Agreement with Palm Beach Multicultural Organization Incorporation for the period April 15, 2008, through October 15, 2008, in an amount not-to-exceed $2,200 for funding of the Caribbean Mardi Gras.  SUMMARY: This funding is to help offset costs incurred by Palm Beach Multicultural Organization Incorporation for the Caribbean Mardi Gras to be held at the South Florida Fairgrounds on June 14, 2008. The event is anticipated to attract approximately 10,000 participants. The Agreement allows for the reimbursement of eligible expenses incurred subsequent to February 28, 2008.  Funding is from the Recreation Assistance Program (RAP) District 6 ($1,000) and District 7 ($1,200) Funds.  District 6  (AH)

 

 

4.         Staff recommends motion to approve:  Agreement with Boynton Beach Faith Based Community Development Corporation for the period April 15, 2008, through September 1, 2008, in an amount not-to-exceed $5,000 for funding of operational expenses for the Peace Makers Program.  SUMMARY: This funding is to help offset costs for the Peace Makers Program sponsored by the Boynton Beach Faith Based Community Development Corporation.  The Program serves approximately 40 at-risk children at Galaxy and Poinciana Elementary Schools.  The Agreement allows for the reimbursement of eligible expenses incurred subsequent to October 1, 2007.  Funding is from Recreation Assistance Program (RAP) District 7 Funds.  District 7 (AH)

 

 

5.         Staff recommends motion to receive and file: original executed Request for Funding Form for School Board Recreation Assistance Program (RAP) project for the Multicultural Education Department in an amount not-to-exceed $1,500 for the English Language Learner Career Conference.   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)

 

 

6.         Staff recommends motion to receive and file: original executed Request for Funding Form for School Board Recreation Assistance Program (RAP) project for Loxahatchee Groves Elementary School in an amount not-to-exceed $3,500 for funding of the 2008 Community Carnival.  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 6 Funds.  District 6 (AH)

 

 

7.         Staff recommends motion to receive and file: original executed Request for Funding Form for School Board Recreation Assistance Program (RAP) project for Secondary and Career Education Department in an amount not-to-exceed $3,500 for funding of the 7th Annual Race for the Arts.  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)

APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

8.         Staff recommends motion to receive and file: First Amendment to Agreement (R2007-0989) with BMWS, Inc. for a traveling basketball program.  SUMMARY:  This fully executed First Amendment to Agreement in an amount not-to-exceed $7,000 extends the project completion date from February 1, 2008, to June 30, 2008, and the term of the Agreement from May 1, 2008, to September 30, 2008, in order to allow additional time to accommodate dates of payment and completion of the reimbursement process.  The Amendment is in accordance with Resolution No. 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 7 Funds.  District 7  (AH)

 

 

9.         Staff recommends motion to receive and file:  executed Independent Contractor Agreement received during the month of March: David Wright, USA Competitive Head Swim Coach, Aqua Crest Pool.  SUMMARY:  In accordance with County PPM No. 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 Agreement has 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 No. R94-422, amended by Resolutions Nos. R2002-2103 and R2007-0409, and is now being submitted to the Board to receive and file.  District 4  (AH)

 

 

10.       Staff recommends motion to approve:  First Amendment to Contract (R2007-0703) with Kiril Zahariev, in an amount not-to-exceed $300,000, for the period May 1, 2007, through April 30, 2009, for USA swimming coaching services at the North County Aquatic Complex.  SUMMARY:  For the past four (4) years, Kiril Zahariev has been the USA swimming coach at North County Aquatic Complex.  The current Professional Services Contract will expire on April 30, 2008; however, there are two (2) – one (1) year renewal options available under this contract.  This Amendment exercises one (1) renewal option with Kiril Zahariev through April 30, 2009, with one (1) one‑year renewal option remaining, in an amount not-to-exceed $150,000 per year.  District 1  (AH)

 

 

11.       Staff recommends motion to approve:  Recreation Assistance Program allocation to the Parks and Recreation Department in an amount not-to-exceed $3,853 for the Veteran’s Park Memorial Day event.  SUMMARY:  This allocation provides $3,853 to fund the Memorial Day event to be held on May 26, 2008, at Veteran's Park in Boca Raton.  This event is being held in cooperation with the West Boca Veteran’s Coalition for an expected audience of 500 people.  Funding is from the Recreation Assistance Program (RAP) District 5 Funds.   District 5  (AH)

 

 

12.       Staff recommends motion to approve:  Agreement with Special Olympics Florida, Inc., to fund a Recreation Specialist II position for the purpose of implementing the Young Athletes, Athletes Leadership, and Healthy Athlete Programs as a complement to existing Special Olympics programs in Palm Beach County.  SUMMARY:  This Agreement provides for Special Olympics Florida, Inc. to fund one (1) full‑time Recreation Specialist II position.  This position was approved during the FY 2008 budget process, and will be responsible for the development and implementation of the Special Olympics’ Young Athletes, Athletes Leadership, and Healthy Athlete Programs within Palm Beach County.  District 3  (AH)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

13.       Staff recommends motion to approve: 

 

A)  a Budget Transfer of $491,800 in the General Fund from Contingency Reserves to the Transfer to Park Improvement Fund line;

 

B) a Budget Amendment of $491,800 for the Park Improvement Fund to receive funds from the General Fund and to establish budget for the Santaluces Park Pressbox project; and

 

C) reimbursement to the General Fund of all costs associated with the replacement of the Santaluces Park Pressbox from the Property & Casualty Insurance Fund upon project completion.

 

SUMMARY:  On January 11, 2007, a structural fire completely destroyed the Santaluces Park Pressbox building.  This 2-story building contained several infrastructure elements used for the entire Santaluces Park Sports Complex, and needs to be replaced.  This budget transfer and budget amendment are necessary to establish budget for the design and construction of the replacement building.  The Risk Management Department will reimburse the General Fund for the cost of the replacement building from the Property & Casualty Insurance Fund.  District 3 (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to approve: 

 

A) a Contract with Taylor Productions in the amount of $11,160 for the period April 1, 2008 to September 30, 2008 for the provision of a public awareness campaign about the Criminal Justice Commission (CJC) and its programs; and

 

B) a Budget Transfer of $11,160 in the Criminal Justice Reserve Fund to provide funding for this project. 

 

SUMMARY:  On February 25, 2008, the CJC Board approved a proposal from Taylor Productions to work with the youth at the Northwood Youth Empowerment Center.  The end result will be a youth-driven public relations campaign for the Criminal Justice Commission including the creation of five (5) thirty-second commercials and web-based advertisements.  Dwayne Taylor Productions is currently under contract with the City of West Palm Beach to provide programming at the Northwood Youth Empowerment Center and has been determined by the Director of Purchasing to be a sole source provider of this service.  District 7  (DW)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION  (Cont’d)

 

2.         Staff recommends motion to approve:  a Memorandum of Understanding (MOU) with the State of Florida Department of Children and Families (DCF) to accept funds received through the Criminal Justice Commission’s application for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Planning Program.  The period of this grant will be twelve (12) months. This MOU will provide for contractual services for project management, training, printing materials, and travel expenses for site visits to counties implementing similar programs.  Additionally, the MOU is in the amount of $100,000 and matching in-kind funds in the amount of $100,000.  These funds are to be matched with in-kind services of staff from the Criminal Justice Commission and a Mental Health Case Manager (which is funded with county funds) from Court Administration.  The purpose is to develop a comprehensive strategic plan for diverting adults and juveniles with mental illness and substance abuse disorders from the criminal justice system.  SUMMARY:  This MOU is in accordance with the Board of County Commissioner’s approval on September 25, 2007 (Resolution 2007-1639) to submit an application to DCF and the delegated authority, the CJC Executive Director, to execute all necessary documents as required by DCF.  The Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant provides funding to counties with which they can plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal or juvenile justice system.  Countywide  (DW)

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve: an Assignment of Computer Data Agreement with the Property Appraiser for the processing of electronic data associated with the Municipal Service Benefit Unit (MSBU) for Fire Hydrant Maintenance and Rental-Boca Raton and the Municipal Service Benefit Unit (MSBU) for Fire Hydrant Maintenance and Rental-Riviera Beach.  Summary:  Section 197.3632(3)(b), Florida Statutes, requires the Property Appraiser to provide the legal description of properties within the boundaries of the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton and the MSBU for Fire Hydrant Maintenance and Rental-Riviera Beach for those local governments electing to use the uniform method of collecting non-ad valorem special assessments, annually by June 1 of each year.  This may be done by list or by electronic medium.  On January 7, 2008, the Property Appraiser gave notice that all previous Computer Assignment Data Agreements were terminated, effective January 1, 2008, for processing data for the Proposed Tax Notice (TRIM) and Property Tax bills.  The Property Appraiser is requesting the Board's approval of a revised Assignment of Computer Data Agreement between the County as the governing body of the MSBUs, the Palm Beach County Information System Services (ISS) Department, and the Palm Beach County Property Appraiser.  This Agreement will be automatically extended from year to year, unless terminated by either of the parties.  Countywide  (SGB)

 

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEM SERVICES

 

                        1.         Staff recommends motion to approve:

 

A) Affiliate Connection Agreement with the Florida LambdaRail (FLR) to obtain high-speed network services at an annual cost of $90,220; and

 

B) Affiliate Installation Agreement with Florida LambdaRail to inter-connect the Palm Beach County’s fiber optic network with FLR for a one-time cost of $27,500.

 

Summary:  Connecting the County’s network to the Florida LambdaRail will enable the County to realize a net savings on Internet access costs and enhance overall network services.  The term of the Affiliate Connection Agreement is for one (1) year, automatically renewing for five (5) - one (1) year terms.  The Florida LambdaRail, LLC (FLR) is a non-profit broadband network created to facilitate advanced research, education and economic development activities in the State of Florida. It is jointly owned by Florida Atlantic University, Florida Institute of Technology, Florida International University, Florida State University, Nova Southeastern University, University of Central Florida, University of Florida, University of Miami, University of North Florida, and University of West Florida.  Countywide  (PK)

 

 

X.        PUBLIC SAFETY

 

1.                  Staff recommends motion to:

 

A) receive and file the executed Agreement with the City of Miramar, a municipal corporation of the State of Florida, as the fiscal agent for the Ft. Lauderdale Urban Area Security Initiative (UASI) to provide $412,745 in reimbursable funding for various non-law enforcement oriented domestic security activities within Palm Beach County effective until April 30, 2010;

 

B) approve a Budget Amendment of $412,745 in the EM Grant Fund to establish grant budget;

 

C) approve a Budget Amendment of $100,000 in the Palm Tran Grant Fund to establish grant budget; and

 

D) approve a Budget Amendment of $75,000 in the WUD Operation & Maintenance Grant Fund to establish grant budget.

 

SUMMARY: This Agreement provides a means of funding various domestic security activities within the County using federal Urban Area Security Initiative (UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal agent.  The total funds provided to Palm Beach County agencies by the UASI ($825,490) represents approximately 13% of the total Ft. Lauderdale, Urban Areas Security Initiative (UASI)  grant ($6,580,000), and will be used to support and strengthen the County’s ability to plan for, and respond to, acts of terrorism.  The UASI awarded $412,745 to the County, which will be used to fund Camera Access Security at Palm Tran ($100,000), Video Surveillance at Lake Worth Water Treatment Plant ($100,000), Security Info Sharing Program for PBC Emergency Management ($87,745), Potable Water Test kits for PBC Water Utilities ($75,000), and Security Access Control at Palm Beach County EOC ($50,000).  The Sheriff’s Office received an equivalent amount of $412,745 to fund direct law enforcement activities.  Future funding will be determined based on a competitive need process. Resolution R2006-2669 authorizes the County Administrator or his designee to execute UASI related contracts on behalf of the Board.  No County match is required.  Countywide  (DW)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY  (Cont’d)

 

2.         Staff recommends motion to receive and file: the executed grant contract modification for the Hazard Mitigation Grant (DCA No. 07HM-6@-10-60-01-028) with Florida Division of Emergency Management to extend the grant through May 1, 2008.  SUMMARY:  The grant project will study the feasibility of the Westgate/Belvedere L2 & L2B canal improvements. R2006-0401 authorizes the County Administrator or his designee to execute agreements with Florida Division of Emergency Management acting for and on behalf of the Department of Community Affairs.  District 2  (DW)

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve:

 

            A)  a Standard Agreement with the Area Agency on Aging (AAA) in the amount of $363,523 to fund transportation services for the Division of Senior Services (DOSS) program for the period of FY 2008; and

 

            B) a Budget Amendment of $8,107 in the Palm Tran Operating Fund to increase the budget to the actual grant award. 

 

            SUMMARY:  The Standard Agreement with the AAA includes information required by the AAA for transportation services to be provided by Palm Tran CONNECTION for senior citizens who are clients of DOSS nutritional programs north of Hypoluxo Road.  The AAA funds in the amount of $363,523 and the local match have already been accounted for in Palm Tran CONNECTION’s approved FY 2008 budget.  Countywide (DR)

 

 

2.         Staff recommends motion to adopt:  a Resolution approving a Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) FM No. 41095918401 for $70,000 ($70,000 State Funds - $0 Local Match), to provide additional funding for Commuter Bus Service from Belle Glade to Clewiston.  SUMMARY:  On December 18, 2007, the Board approved this same JPA under FDOT Contract AL615 (R2007-2299). The contract expired on December 31, 2007 and the executed JPA did not reach FDOT until January 2008 rendering the contract void.  FDOT has reissued the contract in order to continue to offer a grant of $70,000 (100% state funds, no match required) from the Public Transit Service Development Program to continue with Year Six of the Commuter Bus Service from Belle Glade to Clewiston. The service is currently provided through a private contractor under the supervision of Palm Tran.  District 6  (DR)

 


APRIL 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept a Florida Fish and Wildlife Conservation Commission award for a Waterborne Response Team Vessel in the amount of $25,783 for the period of February 11, 2008, through March 31, 2008; and

 

B) approve a Budget Amendment of $25,783 in the Sheriff’s Grant Fund.

 

SUMMARY: On February 11, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award from the Florida Fish and Wildlife Conservation Commission for the purchase of a vessel, engine, trailer and accessories that will be used for rescues, dive recoveries, and other associated waterborne response team patrol within the canal network of Palm Beach County.  There is no match requirement associated with this award. No additional positions are needed and no County funds are required.  Countywide  (DW)

 

 

* * * * * * * * * * * *


APRIL 15, 2008

 

 

4.                  SPECIAL PRESENTATIONS – 9:30 A.M.

 

 

A.              HUMAN RESOURCES

                       

1.         Staff recommends motion to adopt:  Presentation of annual Service Awards to two hundred sixty (260) County employees with 20, 25, 30 and 35 years of service.  SUMMARY:   This is Palm Beach County’s 42nd Annual Service Awards Ceremony to honor County employees for their dedicated service.  Countywide  (MC)

 

 

* * * * * * * * * * * *

 


APRIL 15, 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 Dillman Road Paving and Drainage Improvements, Sections 7 & 8, Township 44 South, Range 42 East, Palm Beach County Atlas Page Number 77 & 78, J-22 & K-22, under the Palm Beach County (County) Municipal Service Taxing Unit (MSTU) Street Improvement Program;

 

B) approve a Budget Transfer of $47,561 from MSTU District B Fund from Reserves to Dillman Road Paving and Drainage Improvements (Project);

 

C) approve a Budget Transfer of $526,314 in the Unincorporated MSTU Fund (District F) from Reserves to Dillman Road Paving and Drainage Improvements;

 

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 Almazan Brothers Construction (Contractor), the lowest, responsive, responsible bidder, in the amount of $506,624.50 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 ten (10) equal annual installments. The Project consists of construction of paving and drainage improvements for Dillman Road from the end, east to Lyons Road.  The Project consists of paving and drainage for a two (2) lane roadway.  Guardrail will be installed on the south side of Dillman Road and a portion of the Lake Worth Drainage District (LWDD) L-6 Canal must be relocated to the south.  The Small Business Assistance goal for the Project is 15%.  The Small Business Enterprise (SBE) participation committed for the project by Almazan Brothers Construction is 61.17% overall.  The apparent low bidder, Palm Beach Grading, Inc. did not meet the SBE requirement, only achieving 8.25% SBE participation.  The SBE Program, Ordinance No. 2005-064, states in part that if the apparent low bidder is determined to be non-responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirement, as long as the bid does not exceed the low bid amount by 10 percent.  The second low bidder (Almazan Brothers Construction) fell within the 10 percent criteria.  District 6/MSTU District B  (MRE)

 

 

B.                Staff recommends motion to adopt:  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)


APRIL 15, 2008

 

 

5.         PUBLIC HEARINGS - 9:30 A.M. CONTINUED

 

 

C.        Staff recommends motion to adopt:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing a water restriction surcharge; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; and providing for an effective date.  SUMMARY:  The Water Utilities Department (WUD) is recommending a 15% Water Restriction Surcharge due to the fiscal impact that has resulted from mandatory water restrictions enacted by the South Florida Water Management District.  The surcharge would apply to potable water base facility fees, potable water commodity fees, wastewater base facility fees, and wastewater commodity fees.  Royal Palm Beach customers would be exempt from the surcharge since their rates are fixed for ten (10) years as part of the agreement to purchase the Royal Palm Beach utility in 2006.  The proposed surcharge would add $4.95 to the monthly bill of a residential customer with combined water and wastewater service using 6,000 gallons of water per month (an increase from $35.50 to $40.45).  For the twelve (12) months ended September 30, 2007, potable water sales were three (3) billion gallons less than expected resulting in a $4.7 million loss of revenue.  Due to the fact that wastewater charges are based on water usage levels, diminished wastewater sales amounted to $1.4 million.  With the imposition of Phase III water restrictions in January 2008, the Department expects water sales to further be reduced.  Recovery of this lost revenue is necessary to provide sufficient funds to adequately pay for current year operating expenses, provide for renewal and replacement of facilities and equipment, and to maintain reserve levels for a reasonable margin of safety.  The surcharge will become effective on May 1, 2008, and will remain in effect until repealed or otherwise amended by the Board of County Commissioners.  The recommended Water Restriction Surcharge has been reviewed and unanimously approved by the Water Utilities Advisory Board on February 29, 2008.  Countywide  (MJ)

 

 

D.        Staff recommends motion to approve:  Budget Amendments and Transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses.  The total amount of the adjustments is an increase of $36,904,445 in 210 funds.  Summary:  These Budget Amendments and Transfers are necessary to adjust FY 2008 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2007.  These Amendments adjust the balances brought forward, various revenue, expenditure and reserve accounts to their audited balances. The proposed increases include $16,614,590 additional reserves for balances brought forward in Countywide tax equivalent funds and are available for offsetting next year’s revenue requirements. The adjustment is a result of:

 

A) $11,727,542 additional excess fees: Sheriff’s Office $10,290,391, Clerk & Comptroller $785,224, and Supervisor of Elections $651,927; and

 

B) $4,887,048 reflects various adjustments including additional refund of Tax Collector and Property Appraiser Commissions, grant match savings, and expenditures less than originally estimated.

 

Also included are downward budget adjustments for Sales Tax, State Revenue Sharing, Communication Services Tax, and $2 Recording Fees that are generating less than originally budgeted.  Countywide  (PK)

 

* * * * * * * * * * * *

 

RECESS AS THE BOARD OF COUNTY COMMISSIONERS

 

CONVENE AS THE ENVIRONMENTAL CONTROL BOARD


APRIL 15, 2008

 

 

6.         BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD - PUBLIC HEARING 9:30 A.M.  (Motion to receive and file:  Proof of Publication)

 

 

A.        Staff recommends motion to adopt:  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

 

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS


APRIL 15, 2008

 

 

7.         REGULAR AGENDA

 

 

            B.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to:

 

A) receive and file the Impact Fee Review Committee report;

 

B) authorize modifying Article 13, ULDC, to increase the allowable administrative fee from 2% to 3.4%, the amount needed to cover the core cost of administering the program;

 

C) authorize modifying Article 13, ULDC, to create a public buildings impact fee credit provision when civic site lands are donated without specific, identified uses;

 

D) authorize modifying Article 13, ULDC, to increase impact fees for Fire Rescue, Law Enforcement (non-residential land uses), Libraries, Parks, and Public Buildings as calculated in the report of the impact fee consultant, entitled The 2007 Update of Impact Fees Prepared for Palm Beach County, January 5, 2008, effective January 1, 2009, but to leave the impact fees for Roads and Schools unchanged at their current levels;

 

E) authorize modifying Article 13, ULDC, to decrease impact fees for Law Enforcement (residential land uses), as calculated in the report of the impact fee consultant; and

 

F) deny the establishment of a new Solid Waste impact fee.

 

Summary:  Under Article 13.A.5.F of the ULDC, the Impact Fee Manager is required to 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.  The staff recommendation is for adjusting all fee categories to the levels calculated in the consultant’s report, except in the cases of road, school and solid waste fees, which are recommended to remain unchanged from their current rates.  Among these adjustments, the law enforcement impact fee is calculated to decline slightly for residential land use.  Altogether, these adjustments would increase the impact fees on a typical single family residential structure by approximately 9.3%, or $936. The Impact Fee Review Committee has recommended that there be no increases to any category of fees.  In addition to fee adjustments, there are two policy revisions recommended by staff: (1) to increase the allowable administrative fee from 2% to 3.4%, the amount needed to cover the cost of administering the program; and (2) to create a public buildings credit provision when civic sites are donated without specific, identified uses. This agenda item will give guidance to the staff in advance of presenting the Ordinance amending Article 13, ULDC to accomplish the foregoing.  Countywide  (LB)

 

 


APRIL 15, 2008

 

 

7.         REGULAR AGENDA

 

 

            C.        PLANNING, ZONING & BUILDING

 

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, amending Schedule “A” and Schedule “A1” of Chapter 8.5, Article II, Palm Beach County Code (known as the “Code Enforcement Citation Ordinance of Palm Beach County, Florida”); to update certain code references; providing for an increase in fines; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for a savings clause; and providing for an effective date.  SUMMARY:  This Amendment updates the County’s Code Enforcement Citation Ordinance, bringing Schedule A, which identifies the types of violations and the fines associated with them, into conformance with changes made to the Unified Land Development Code.  The Amendment also amends Schedule “A1” and increases most of the fines related to Code Enforcement activities.  Countywide  (GB)

 

 

            D.        SHERIFF

 

                                    TIME CERTAIN – 10:30 A.M.

                        1.         Retired Law Enforcement Weapons Certification – Presentation by the Sheriff’s Office

 

 

            E.        AIRPORTS

 

1.         Staff recommends motion to approve: the Master Plan Updates for Palm Beach International Airport (PBIA), Palm Beach County Park (Lantana) Airport, North Palm Beach County General Aviation Airport, and Palm Beach County Glades (Pahokee) Airport. SUMMARY: The updates to the Master Plans for each airport were accomplished through the completion of a System-Wide Master Plan Study which addressed the future facilities required at each of the four (4) County-owned and operated airports.  The study was carried out in accordance with Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) Guidelines and Objective 1.7 "Future Airport Expansion", of the Palm Beach County Comprehensive Plan. The study findings recommend phased developments for the airports to accommodate future aviation demand in the County, and to increase the operational safety and efficiency of the airports.  The final Master Plan Updates were presented to and unanimously approved by the Aviation and Airports Advisory Board (AAAB).   Countywide  (AH)

 

 

* * * * * * * * * * * *


APRIL 15, 2008

 

 

8.         WORKSHOP SESSION – 2:00 P.M.

 

 

A.                 Homeless Strategic Plan (Community Services)

 

 

* * * * * * * * * * * *


APRIL 15, 2008

 

 

9.         BOARD APPOINTMENTS

 

 

            A.        ENVIRONMENTAL RESOURCES MANAGEMENT

                        (Natural Areas Management Advisory Committee)

 

1.         Staff recommends motion to approve:  the appointment of Fred Davis to the Natural Areas Management Advisory Committee (NAMAC), to complete the term of William Helffrich which expires October 31, 2008. 

 

Nominee       Representing                     Seat     Nominated by

Fred Davis     Natural Area Manager             1          Commissioner Addie L. Greene

                                                                                                                           Commissioner Jeff Koons

                                                                                                                           Commissioner Karen T. Marcus

 

Summary:  On August 16, 1994, the Board of County Commissioners adopted Resolution No. 94-1051 which established a Natural Areas Management Advisory Committee (NAMAC) with seven (7) at-large members.  The composition of the Committee shall be as follows:  One (1) member with experience in the management of natural areas, one (1) biological scientist, one (1) professional educator with knowledge of South Florida ecosystems, one (1) representative of a local municipal government public recreation program, one (1) member of the Palm Beach County Parks and Recreation Department staff, one (1) citizen having an interest in natural areas, and one (1) member of the County’s Environmentally Sensitive Lands Acquisition Selection Committee (ESLASC) for as long as this Committee is in existence.  Upon sunset of ESLASC, this position shall be filled thereafter by a citizen with an interest in natural areas.  A memorandum was sent to the Board of County Commissioners on February 12, 2008 advising that Mr. Helfferich had resigned from NAMAC due to work schedule conflicts.  Mr. Davis expressed a desire to fill Seat 1 and meets the necessary requirements.  There were no other nominations.  Countywide (SF)

 

 

            B.        HOUSING & COMMUNITY DEVELOPMENT

                        (Commission on Affordable Housing)

 

                        1.         Staff recommends motion to approve: appointment of one (1) of the following nominees to replace a vacated seat for the Commission on Affordable Housing Advisory Committee (Seat 1 – Active Residential Builder), beginning April 15, 2008 and ending February 7, 2009:

 

                                    Nominees for Appointment         Seat No.        Nominated By                    

                                    Thomas G. Hinner                               1                    Commissioner John F. Koons

                                                                                                                        Commissioner Karen T. Marcus

                                                                                                                        Commissioner Mary McCarty

                                                                                     OR

 

                                    Andrew Neita                          1                     Commissioner Jess Santamaria

 

SUMMARY: The Commission on Affordable Housing Advisory Committee consists of nine (9) members nominated by the Board of County Commissioners.  All must be residents of Palm Beach County.  Commission on Affordable Housing Advisory Committee members serve three (3) year terms.  The primary objective of the Commission on Affordable Housing Advisory Committee is to make program and funding recommendations to the BCC for its Local Housing Assistance Plan.  Countywide  (TFK)


APRIL 15, 2008

 

 

9.         BOARD APPOINTMENTS

 

 

            C.        PLANNING, ZONING & BUILDING

                        (Planning Commission)

 

1.         Staff recommends motion to approve:  the reappointment of Neil Merin to the Planning Commission, formerly known as the Land Use Advisory Board (LUAB), beginning on June 6, 2006, through June 5, 2009:

 

Reappointment Nominee             Category                   Seat No.        Nominated By

Neil Merin                                           Business                    15                    Comm. Greene

Comm. Aaronson

                                                                                                                                                            Comm. Koons

                                                                                                                                                            Comm. Marcus

 

SUMMARY:  The Land Use Advisory Board was reestablished by Resolution No. R90-1987.  The Planning Commission was created by Ordinance 2008-003 and replaces the LUAB.  The Planning Commission consists of 16 members: 15 BCC appointed members and one (1) representative of the School District of PBC, and serves three (3) year terms.  The nominee has expressed an interest in serving another term and is eligible for reappointment.  On June 26, 2007, a memo was distributed to the County Commissioners requesting nominations to this Board.  No other nominations have been received.  Countywide  (RPB)

 

 

D.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

 

* * * * * * * * * * * *


APRIL 15, 2008

 

 

10.       STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


APRIL 15, 2008

 

 

11.       COMMISSIONER COMMENTS

 

A.        District 1 - COMMISSIONER KAREN T. MARCUS

 

 

 

 

 

 

B.        District 2 - COMMISSIONER JEFF KOONS, VICE CHAIR

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER ROBERT J. KANJIAN

 

 

 

 

 

 

 

D.        District 4 - COMMISSIONER MARY MCCARTY

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER BURT AARONSON

 

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON

 

 

 

 

 

 

12.       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."


April 15, 2008 – 9:30 a.m.

Final

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

APRIL 15, 2008

 

PAGE             ITEM

 

  7                    3A-1                DELETED: Staff recommends motion to approve: an Agreement with Regina Blair to perform the Keynote Speech for the Resident Education to Action Program (REAP) Graduation Ceremony…(Admin) (Further staff review)

 

  7                    3A-2                REVISED TITLE:  Staff recommends motion to approve: A)  Memorandum of Agreement with the United Way of Palm Beach County to support the Palm Beach County Prosperity Campaign Phase II in the amount not-to-exceed $210,655 for the period of October 1, 2007, through September 30, 2008; and

B)  Budget Transfer of $105,000 from the General Fund Contingency Reserve to County Sponsored Programs.  (Admin)

 

10                    3C-15             MOVED TO REGULAR AGENDA (7F-1) (Engineering)

 

24                    3H-8                REVISED SUMMARY:  The County’s Head Start Program in Delray Beach is currently operated out of modular buildings on property leased from the City on the west side of the City’s Catherine Strong Park (R96-984-D).  The County donated the land for the Park to the City in 1994 (R94-1762-D) and retained a $1/yr lease of the property utilized by Head Start which expires in 2011. The City recently purchased an additional 6 acres of property for incorporation into the Park.  The City’s acquisition of this additional property provides an opportunity to redevelop the Park and improve drainage for the Park, the adjacent Boys and Girls Club Facility and the Auburn Trace low income housing project.  As part of this redevelopment, t The City is assisting the County in the development of a permanent Head Start facility by making approximately 3.64 acres of the Park property available to the County in an effort to establish a permanent location for Head Start within the community it serves….(FD&O)

 

24                    3H-9                REVISED SUMMARY: The County, on behalf of the Community Services Department, Head Start Division, has leased this building & surrounding land located at 346 SW 6th Avenue in Delray Beach since 2002.  The current term of the Lease expires April 30, 2008.  This Amendment: i) extends the term of the Lease for one (1) year from May 1, 2008 through April 30, 2009; and ii) updates the Notice provisions of both parties.  The annual rental rate will increase by 46.39% from $25,412.52 ($12.10/sf) to $37,200 ($17.71/sf).  The Landlord would prefer to have taken back this space to expand its programs, but agreed to extend the Lease for another year conditioned upon the rent increase.  The County will continue to pay for separately metered utilities and has the right to terminate the Lease upon ninety (90) days prior written notice to Landlord.  All other terms of the Lease remain in full force and effect. The Early Head Start Program will be relocated to the new Head Start facility planned for construction within Delray Beach’s Catherine Strong Park in FY 2010. The Early Head Start Program will ultimately be relocated to the new Head Start facility projected to be constructed within Delray Beach’s Catherine Strong Park and ready for occupancy in FY 2012.  Staff is working to identify a facility to accommodate Early Head Start in the interim.  (PREM)  District 7  (HJF) (FD&O)

 

26                    3J-2                DELETED: Staff recommends motion to approve:  the voluntary annexation of a parcel owned by Palm Beach County into the City of West Palm Beach.  (PZ&B)  (Postponed until May 6, 2008 per request from Commissioner Koons)

 

43                    7F-1                MOVED FROM CONSENT (3C-15):  (Engineering)

 

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 (*).