ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 3, 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 6-27)

 

4.         SPECIAL PRESENTATIONS - 9:30 A.M. (Page 28) 

 

5.         REGULAR AGENDA (Pages 29 - 32)

 

6.         WORKSHOP SESSION - TIME CERTAIN 2:15 P.M.

(Institutional Uses in Agricultural Reserve Planned Development Preserves) (Page 33)

 

7.         BOARD APPOINTMENTS (Pages 34-35)

 

8.         MATTERS BY THE PUBLIC - 2:00 P.M.  (Page 36)

 

9.         STAFF COMMENTS (Page 37)

 

10.       COMMISSIONER COMMENTS (Page 38)

 

11.       ADJOURNMENT (Page 38)

 

 

 

 

* * * * * * * * * * *

 


JUNE 3, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

            3A-1    Amendment No. 5 to Contract with Langton Associates, Inc.

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Report of County Official Bonds for Board’s examination

 

C. ENGINEERING & PUBLIC WORKS

Page 7

            3C-1   Contract with Joe Schmidt Construction Inc.

            3C-2   First Amendment to Interlocal Agreement with City of Pahokee

            3C-3   Amendment to Contract with The Signal Group, Inc.

            3C-4   Deleted

Page 8

            3C-5   Budget Transfer of $49,605 and Reimbursement Agreement with Mission Bay

            3C-6   Amendment to Contract with Florida Blacktop, Inc.

            3C-7   Agreement with 1950 Congress Avenue LLC (Developer)

            3C-8   Task Authorization with Arcadis U.S., Inc.

            3C-9   TRIP Agreement with State of Florida Department of Transportation for $926,000 for SR-7 C-51 bridge widening

Page 9

            3C-10 Approve Deed for a portion of Jog Road in Section 28

            3C-11 Adopt a Resolution for Intersection Improvements at Congress Avenue, Budget Amendment

            3C-12 Removal of Len Drive Street Improvement Project from MSTU List

Page 10

            3C-13 Removal of Elpaso Drive Street Improvement from MSTU List

            3C-14 Removal of Old Pumphouse Street Improvement from MSTU List

            3C-15 Removal of Indian Trail Street Improvement Project from MSTU List

Page 11

            3C-16 Agreement with Centre at Wellington Green and Budget Amendment of $125,000

            3C-17 Deleted

            3C-18 Transfer Agreement of Hooker Highway Maintenance to Florida Department of Transportation

            3C-19 Resolution approving Amendment No. 5 for Traffic Control Devices in Palm Beach County

            3C-20 Resolution to enhance computerized traffic signal system

            3C-21 Report of plat recordations from January 1 through March 31, 2008

Page 12

            3C-22 Resolution approving Amendment No. 4 to the JPA with FDOT for improvements

            3C-23 Budget Transfer of $850 in the Transportation Improvement Fund to Briny Breezes Blvd.

            3C-24 Contract with Anzac Contractors, Inc. of $53,500 to Hatton Highway Bridge Project

 

D. COUNTY ATTORNEY

Page   12

            3D-1   Second Amendment to Agreement with Ogletree, Deakins, Nash, Smoak & Stewart

 

E. COMMUNITY SERVICES

Page 13

            3E-1    Contracts with Health Care District and Palm Beach County Health Department

            3E-2    Ratify Chairperson’s Signature on Application and Budget Amendment of $285,714

Page 14

            3E-3    Contracts with Comprehensive AIDS Program, Comprehensive Community Care Network

                        and Legal Aid Society

 


JUNE 3, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

F. AIRPORTS

Page 15

            3F-1    One time revision to Airline Service Incentive Program Participation Agreement

            3F-2    Agreements to purchase property for $337,000 and Budget Transfer of $397,000

Page 16

            3F-3    Execution of three Original Agreements for the Department of Airports

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 16

            3G-1   Chairperson to certify non ad-valorem assessment on electronic media to Tax Collector

            3G-2   First Amendment to Agreement with McGladrey & Pullen, LLP for External Auditing Services

Page 17

            3G-3   Budget Transfer from school impact fee reserve accounts

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 17

            3H-1    Amendment No. 3 to Contract with The Gordian Group

3H-2    Amendment No. 1 to Contract with Gentile Holloway O’Mahoney & Associates, Inc.

Page 18

3H-3    Contract with Cotleur & Hearing, Inc.

3H-4    Contract with Kilday & Associates, Inc.

3H-5    First Amendment to Agreement with the City of Coral Springs

3H-6    Change Order No. 8 to Contract with West Construction, Inc.

Page 19

3H-7    First Amendment to a Two-Year Lease Agreement with Village of Tequesta

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 19

            3I-1      Reimbursement of $4,327.90 to The Haven, Inc.

            3I-2      Amendment to Agreement with Westgate Belvedere Homes Community Redevelopment                       Agency for installation of street lights on Cherry Road

            3I-3      Agreement with the City of Lake Worth for improvements to Memorial Park

Page 20

            3I-4      Amendment to Agreement with the City of Greenacres for street improvement on Swain                         Boulevard, Martin and Fleming Avenues

3I-5      Amendment to Agreement with the City of Greenacres for parking lot in Ira Van Bullock Park

3I-6      Amendment to Agreement with the City of Rivera Beach for street improvements on West 32nd             Street

3I-7      Reimbursement to Town of Lake Park for storm water improvements on Bayberry Drive

 

J. PLANNING, ZONING & BUILDING  - None

 

K. WATER UTILITIES

Page 21

3K-1    Change Order No. 2 to Contract with Florida Design, Inc.

3K-2    Change Order No. 3 to Contract with Globe Tec Construction

3K-3    Work Authorization No. 1 with AKA Services, Inc.

3K-4    Change Order No. 7 to Contract with Poole and Kent Company, Inc.

Page 22

3K-5    Contract, Work Authorization No. 1 and No. 2 with Southeast Drilling Services, Inc.

            3K-6    Budget Amendment of $5,000,000

Page 23

            3K-7    Two (2) Standard Development Agreements

            3K-8    Change Order No. 5 to Contract with John J. Kirlin, Construction, Inc.

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 24

            3L-1    Approve Contract with Florida Institute Technology (FIT), accept Purchase Order for $80,000                             from South Florida Water Management District

 

JUNE 3, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

M. PARKS & RECREATION

Page 24

            3M-1   Agreement with Jewish Federation of South Palm Beach County, Inc. of $25,000 for Israel                     Independence Day

            3M-2   Amendment to Request for Funding for $10,000

Page 25

            3M-3   Request for Funding for School Board RAP allocations

            3M-4   Agreement with Place of Hope, Inc.

            3M-5   Agreement with Palm Beach County PAL, Incorporated

            3M-6   Receive and file executed Independent Contractor Agreements

Page 26

            3M-7   License Agreement with American Society of Composers, Authors and Publishers

 

N. LIBRARY - None

 

P. COOPERATIVE EXTENSION SERVICE  - None

 

Q. CRIMINAL JUSTICE COMMISSION  - None

 

R.  HUMAN RESOURCES  - None

 

S. FIRE RESCUE - None

 

T. HEALTH DEPARTMENT  - None

 

U. INFORMATION SYSTEMS SERVICES - None

 

V. METROPOLITAN PLANNING ORGANIZATION  - None

 

W. PUBLIC AFFAIRS  - None

 

X. PUBLIC SAFETY

Page 26

            3X-1    Receive and file executed amendments to FY 2006 Urban Area Security Initiative

 

Y. PURCHASING  - None

 

Z. RISK MANAGEMENT  - None

 

AA. PALM TRAN  - None

 

BB. SHERIFF

Page 27

            3BB-1 Grant Adjustment Notice for payment of staff training

            3BB-2 Accept an Agreement with City of West Palm Beach with Gramercy Park Weed and Seed

            3BB-3 Grant Adjustment Notice for the Midnight Hoops Program for Fremd Village

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 28

            4A       Certificate of Appreciation to Elsie Leviton

            4B       “Traffic Safety Distinguished Citizens Day”

 

REGULAR AGENDA

 

ADMINISTRATION

Page 29

            5A-1    Resolution establishing the Palm Beach County Green Task Force

 

 

JUNE 3, 2008

 

TABLE OF CONTENTS

 

REGLAR AGENDA CONTINUED

 

 

            COUNTY ATTORNEY

Page 29

            5B-1    Application of Pine Crest Preparatory School, Inc. for issuance of Revenue Bonds

            5B-2    Resolution approving The Bonds issued by Housing Authority of Palm Beach County

Page 30

            5B-3    Settlement of $1,000,000 in the case of Palm Beach County v West Boynton Farms and                         Budget Transfer of $1,000,000 to the Ag Reserve

           

            INFORMATION SYSTEM SERVICES

Page 30

            5C-1   Application Hosting Services Agreement with the Government of the U.S. Virgin Islands

 

            ENGINEERING & PUBLIC WORKS

Page 30

            5D-1   Eminent domain proceedings against the City of West Palm Beach for Jog Road

Page 31

            5D-2   Comprehensive Plan (Plan) amendment for twenty-eight road segments

 

            COMMUNITY SERVICES

Page 31

            5E-1    Head Start Positions and Budget Amendment of $479,416.

 

            PLANNING, ZONING & BUILDING

Page 32

            5F-1    Resolution to grant tax exemption for two (2) Historic Properties

            5F-2    Resolution to grant tax exemption for four (4) Historic Properties

 

WORKSHOP SESSION – TIME CERTAIN 2:15 P.M.  (Page 33)

 

BOARD APPOINTMENTS  (Pages 34 – 35)

 

MATTERS BY THE PUBLIC – 2:00 P.M.  (Page 36)

 

STAFF COMMENTS  (Page 37)

 

COMMISSIONER COMMENTS (Page 38)

 

ADJOURNMENT (Page 38)

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:  Amendment No. 5 to the Contract for consulting/professional services with Langton Associates, Inc. (R2004-0180) for services related to Palm Beach County’s Grant Development Program for the period of June 1, 2008, through August 31, 2008, in the amount of $21,537.42.  SUMMARY: On February 3, 2004, the Board approved a consulting/professional services contract with Langton Associates, Inc. for the term of February 1, 2004, through January 31, 2005 for a total contract amount of $78,140, to provide grant program development services.  Amendment No. 1 approved on February 1, 2005 extended the term an additional one (1) year period and increased the annual amount by 5%.  Amendment No. 2 approved on February 7, 2006 extended the term an additional one (1) year period.  Amendment No. 3 approved on February 6, 2007 extended the term an additional one (1) year period and increased the annual amount by 5%. Amendment No. 4 approved on February 5, 2008 extended the term of the contract an additional three (3) month period for a contract amount of $21,537.33, while staff was beginning the RFP process. This Amendment will extend the term of the contract for a three (3) month period and provides for a contract amount of $21,537.33.  The extension is requested as staff is finalizing the Request for Proposal for the next contract cycle. The purpose of the Request for Proposal is to pre-qualify grant consultants that will provide services on a task order basis to County Departments.  Countywide  (DSW)

 

 

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                                                                              April 22, 2008

                                               

 

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

 

 

4.         Staff recommends motion to review for sufficiency and to receive and file:  report of County Officials Bonds for the Board’s examination as to the sufficiency of the sureties, dated June 2008.  SUMMARY:  Ordinance 98-51 sets various bond amounts for specified county officers and provides for examination of the sufficiency of all the bonds at the regular meeting of the Board of County Commissioners, in January and June of each year.  Countywide  (PFK)

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

 

1.         Staff recommends motion to approve:  a Contract with Joe Schmidt Construction, Inc. (Contractor) the lowest, responsive, responsible bidder, in the amount of $97,650 for the repairs to the bascule bridge tender houses. SUMMARY: The Contract consists primarily of the replacement of the windows and doors on each of the four (4) tender houses located on bridges over the Intracoastal Waterway.  The Small Business Assistance goal for the project is 15%. The Small Business Enterprise (SBE) participation committed for the project by the Contractor is 100% overall.  Seacoast, Inc., the low bidder, did not submit any SBE participation.  The bid from the Contractor is within 10% of the low bid, resulting in the recommendation of the award.  Districts 1 & 4  (MRE)

 

 

2.         Staff recommends motion to approve:  a First Amendment to the Interlocal Agreement (R2007-0367) with the City of Pahokee in the amount of $300,000, regarding reimbursement for the installation of the Canal Point sanitary sewer.  SUMMARY: The First Amendment to the Interlocal Agreement will provide an additional $300,000 to the existing $710,950 for a total of $1,010,950 for construction and other related costs of the sanitary sewer expansion serving the unincorporated Canal Point area from Pahokee to the West Palm Beach Canal.  The City of Pahokee will perform all work to complete the project.  Palm Beach County allocated these funds through the Countywide Community Revitalization Team for this project.  District 6  (ME)

 

 

3.         Staff recommends motion to approve:  an Amendment to the Contract with The Signal Group, Inc., (Contractor) for the Annual Signal Loop Detectors Contract (R2007-1063) (Contract), which will increase the limit for the Contract by $840,000 to an amount not-to-exceed $1,345,655, and to extend the Contract expiration date from January 10, 2009, to July 10, 2010.  SUMMARY:  The Contract was initially approved in the amount of $405,655.  On April 16, 2008, the Contract Review Committee approved Change Order No. 1, which increased the Contract amount by $100,000, to a not-to-exceed amount of $505,655.  This Contract Amendment will increase the Contract amount by $840,000, to a not-to-exceed amount of $1,345,655.  This Contract Amendment will also extend the expiration date of the existing Contract from January 10, 2009, to July 10, 2010.  The Contract consists of the installation and/or furnishing and/or removal of traffic signal detection loop items throughout Palm Beach County.  The Contract was awarded by the Board of County Commissioners with no Small Business Enterprise participation.  Countywide  (MRE)

 

 

4.         DELETED

 

 

 

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve:

 

            A) a Budget Transfer of $49,605 in the Transportation Improvement Fund from Reserve for District 5 to Mission Bay Community Association Irrigation – District 5; and

 

            B) a Reimbursement Agreement with Mission Bay Community Association for irrigation at Cain Boulevard and Glades Road.

 

            SUMMARY:  Approval of the Budget Transfer and the Reimbursement Agreement will provide funds to help pay for the replacement of the irrigation system that was damaged during the construction of Cain Boulevard and Glades Road.  District 5 (MRE)

 

 

6.         Staff recommends motion to approve:  an Amendment for the Annual Concrete Bus Stop Pad Construction Contract (R2007-0465) (Contract), dated April 10, 2007, with Florida Blacktop, Inc. (Contractor), to extend the length of the Contract for one (1) year to expire on April 10, 2009.  SUMMARY:  This Amendment extends the expiration date of the existing Contract retroactively from April 10, 2008, to April 10, 2009.  There will be no increase in the maximum value of work orders issued under the existing Contract which is $150,000.  Countywide (MRE)

 

 

7.         Staff recommends motion to approve:  an Agreement with 1950 Congress Avenue, LLC (Developer) concerning funding the design and construction of the Old Boynton Road Bridge over the Lake Worth Drainage District (LWDD) E-4 Canal.  SUMMARY:  The Developer is responsible for the widening of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, which includes replacement of the bridge over the LWDD E-4 Canal.  Through this Agreement, Palm Beach County will reimburse up to $1,000,000 to the Developer for design and construction of the bridge over the LWDD E-4 Canal.  District 3 (MRE)

 

 

8.         Staff recommends motion to approve:  a Task Authorization to the Annual Agreement (R2008-0305) in the amount of $112,848.08 with Arcadis U.S., Inc., for professional services.  SUMMARY:  This Task Authorization will provide the professional services necessary for the preparation of design plans and construction bid documents for Toney Penna Drive and Old Dixie Highway intersection improvements.  District 1  (PK)

 

 

9.         Staff recommends motion to adopt: a Resolution approving a Transportation Regional Incentive Program (TRIP) Agreement with the State of Florida Department of Transportation, in the amount of $926,000 for the SR-7 C-51 bridge widening.  SUMMARY:  Through this Agreement, Palm Beach County (County) will receive a grant of $926,000 from the TRIP to widen the C-51 canal bridge at the intersection of SR-7 and SR-80 (Southern Boulevard).  The County will be responsible for all costs above this grant.  District 6  (MRE)

 

 

 

 

 

 

 

 

 

 

 

JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

                        10.       Staff recommends motion to:

 

A)  approve a County Deed conveying to Old Marsh Golf Club, Inc. (Old Marsh) a portion of Jog Road right-of-way in Section 28, Township 41 South, Range 42 East that abuts the plat of Old Marsh which is no longer required by Palm Beach County (County), with actual transfer occurring upon award of the construction contract for the new road segment of Jog Road between Hood Road and Donald Ross Road (Project); and

 

B) accept four (4) drainage easements from Old Marsh that are required for the construction of  drainage facilities for the Project.

 

SUMMARY: This action will convey to Old Marsh a portion of Jog Road right-of-way that is no longer required by the County upon award of the construction contract for the Project, and accept four (4) drainage easements from Old Marsh needed for the construction.  District 1  (PK)

 

 

11.       Staff recommends motion to:

 

            A) adopt a Resolution approving a Joint Participation Agreement with the Florida Department of Transportation (FDOT) for intersection improvements at Congress Avenue and the Intermodal Center entrance to Tri-Rail Station/South County Complex (Complex); and

 

            B) approve a Budget Amendment of $45,000 in the Transportation Improvement Fund to recognize reimbursement funding from the Joint Participation Agreement with FDOT and appropriate it to Congress Avenue at Intermodal Center-South County Complex intersection improvement project. 

 

            SUMMARY:  The FDOT and Palm Beach County have partnered together to design and construct a new traffic signal at the Complex.  District 7 (MRE)

 

 

12.       Staff recommends motion to approve:  removal of Len Drive Street Improvement Project (Project) from further consideration in the Municipal Services Taxing Unit (MSTU) project list.  SUMMARY:  At the December 19, 2006 Board of County Commissioners (Board) meeting, the direction of the Board was to re-petition the property owners of all existing projects in the MSTU project list, except the projects in the Countywide Community Revitalization Team areas.  The re-petitioning was to determine if there was still an interest in the road improvement projects, as the estimated assessment from the original petition was higher. The petitions were mailed out for the Project and expired on April 1, 2008. There are 26 property owners on Len Drive, five (19%) voted yes they are still interested in the Project proceeding, eight (31%) voted no they do not want the Project to proceed, and we did not receive a reply from thirteen (50%) property owners, therefore the criteria of having 51% of the property owners in favor of the Project was not achieved.  District 1/MSTU District A (MRE)

 

 

 

 

 

 

 

 

 

 

JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

13.       Staff recommends motion to approve:  removal of El Paso Drive, east of Blanchette Trail and Pancho Way Street Improvement Project (Project) from further consideration in the Municipal Services Taxing Unit (MSTU) project list.  SUMMARY:  At the December 19, 2006 Board of County Commissioners (Board) meeting, the direction of the Board was to re-petition the property owners of all existing projects in the MSTU project list, except the projects in the Countywide Community Revitalization Team areas.  The re-petitioning was to determine if there was still an interest in the road improvement projects, as the estimated assessment from the original petition was higher. The petitions were mailed out for the Project and expired on April 1, 2008. There are 13 property owners on El Paso Drive, east of Blanchette Trail and Pancho Way, zero (0%) voted yes they are still interested in the Project proceeding, five (38%) voted no they do not want the Project to proceed, and we did not receive a reply from eight (62%) property owners, therefore the criteria of having 51% of the property owners in favor of the Project was not achieved.  District 6/MSTU District C  (MRE)

 

 

14.       Staff recommends motion to approve: removal of Old Pumphouse Street Improvement Project (Project) from further consideration in the Municipal Services Taxing Unit (MSTU) project list.  SUMMARY:   At the December 19, 2006 Board of County Commissioners (Board) meeting, the direction of the Board was to re-petition the property owners of all existing projects in the MSTU project list, except the projects in the Countywide Community Revitalization Team areas.  The re-petitioning was to determine if there was still an interest in the road improvement projects.  The Project consists of the following roads: 116 Avenue South from the end north to Old Pumphouse Road; 120 Avenue South, 200 Street, and 118 Trail from the end northeast to Old Pumphouse Road; and Diamond House Lane, 120 Avenue South, and Old Pumphouse Road northeast to Coral Ridge Drive.  The petitions were mailed out for the Project and expired on April 1, 2008. There are 22 property owners in the Project area, one (5%) voted yes and is still interested in the Project proceeding, twelve (55%) voted no and do not want the project to proceed, and we did not receive a reply from nine (41%) property owners. The majority (55%) of the property owners voted against proceeding forward with the Project.  District 5/MSTU District D  (MRE)

 

 

15.       Staff recommends motion to approve:  removal of Indian Trail Street Improvement Project (Project) from further consideration from the Municipal Services Taxing Unit (MSTU) project list. (NOTE: This road is not contained within nor has any relation to the Indian Trail Improvement District).  Summary:  At the December 19, 2006 Board of County Commissioners (Board) meeting, the direction of the Board was to re-petition the property owners of all existing projects in the MSTU project list, except the projects in the Countywide Community Revitalization Team Areas.  The re-petitioning was to determine if there was still an interest in the road improvement projects, as the estimated assessment from the original petition was higher. The petitions were mailed out for the project and expired on April 1, 2008. There are 12 property owners on Indian Trail, zero (0%) voted yes they are still interested in the project proceeding, three (25%) voted no they do not want the project to proceed, and we did not receive a reply from nine (75%) property owners, therefore the criteria of having 51% of the property owners in favor of the project was not achieved.  District 3/MSTU District C (MRE)

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

16.       Staff recommends motion to approve:

 

A) an Agreement with Centre at Wellington Green, LLLP (Developer) to jointly participate in the design and construction of the State Road 7 and Forest Hill Boulevard intersection improvements (Project); and

 

            B) a Budget Amendment of $125,000 in the Road Impact Fee Fund – Zone 3 to recognize compensation from a developer for right-of-way acquired and appropriate it to SR 7 and Forest Hill Boulevard intersection improvements.

 

            SUMMARY:  The Developer intends to construct a new driveway connection, located on Forest Hill Boulevard at the west end of the Project, to improve access to a retail-out parcel at the Mall at Wellington Green.  Through this Agreement, Palm Beach County will construct the Developer’s proposed improvements as a part of the Project. District 6  (MRE)

 

 

17.       DELETED

 

 

18.       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.  This board item was originally approved under R2008-0586 on April 15, 2008.  It is being resubmitted because the FDOT has requested the County remove, from the Transfer Agreement, the reference to existing landscaping agreements with private companies.  District 6  (MRE)

 

 

19.       Staff recommends motion to adopt:  a Resolution approving Amendment Number Five to the Joint Participation Agreement (JPA) (R1995-0193) with the Florida Department of Transportation (FDOT) for the design, construction, installation, fabrication and modification of traffic control devices in Palm Beach County (County).  SUMMARY:  The FDOT provides funding for the design, construction, installation, fabrication and modification of traffic control devices in the County to operate the computerized traffic signal system.  This Amendment is necessary to include the latest Federal and State Audit provisions.  Exhibit “A” of the JPA explains the audit requirements for Federal and State funded projects.  Countywide  (MRE)

 

 

20.       Staff recommends motion to adopt:  a Resolution approving Amendment Number Four to the Joint Participation Agreement (JPA) (R2000-0744) with the Florida Department of Transportation (FDOT) for the enhancement of the operations of the Palm Beach County (County) computerized traffic signal system.  SUMMARY:  The FDOT provides funding assistance to the County to operate the computerized traffic signal system.  This Amendment is necessary to include the latest Federal and State Audit provisions. Exhibit “A” of the JPA explains the audit requirements for Federal and State funded projects.  Countywide (MRE)

 

 

21.       Staff recommends motion to receive and file:  a report of plat recordations from January 1, through March 31, 2008.  SUMMARY:  This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11 governing administrative approval of plats by the County Engineer.  Countywide  (MRE)

JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

22.       Staff recommends motion to adopt:  a Resolution approving Amendment Number Four to the Joint Participation Agreement (JPA) (R2003-0312) with the Florida Department of Transportation (FDOT) for improvements in connection with the Palm Beach County Intelligent Transportation System (ITS) Operations Facility.  SUMMARY: The FDOT provides funding for improvements in connection with the ITS Operations Facility.  This Amendment is necessary to include the latest Federal and State Audit provisions.  Exhibit “A” of the JPA explains the audit requirements for Federal and State funded projects and extending the project completion date to June 30, 2009.  Countywide (MRE)

 

 

23.       Staff recommends motion to approve:  a Budget Transfer of $850 in the Transportation Improvement Fund from Reserve for District 4 to Briny Breezes Boulevard “NO PARKING” signs – District 4.  Summary:  District 4 Commissioner requested that the Engineering Department replace some faded “NO PARKING” signs on two (2) roads that are not maintained by Palm Beach County within the Town of Briny Breezes.  District 4 (MRE)

 

 

24.       Staff recommends motion to approve:  a Contract with Anzac Contractors, Inc. (Contractor) the lowest, responsive, responsible bidder, in the amount of $53,500 for temporary emergency repairs to the Hatton Highway Bridge (Project).  SUMMARY: The temporary emergency repair of the Hatton Highway Bridge (Bridge No. 934552) over the E2 Canal, consists of the placement of temporary steel pipe piling and supporting steel beams adjacent to the existing end bents, only for the east half (northbound lane) of the bridge.  The bridge is currently reduced to a single lane of traffic.  The Small Business Assistance goal for the Project is 15%.  The Small Business Enterprise (SBE) participation committed for the project by the Contractor is 0% overall.  The second low bidder, Palmwood Corporation, has met the SBE requirement for this project, but their bid falls outside the limit for ranking of responsive bidder’s consideration.  District 6  (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Second Amendment to the Agreement (Resolution No. R2002-0278) with Ogletree, Deakins, Nash, Smoak & Stewart, P.A., for Legal Services, pursuant to which David M. DeMaio, Esq. will continue to represent the interests of the County, Maurice Rosenstock and Daniel Hyndman in the case of James McCarthy v. Palm Beach County, et al., Case No. CA 01-13485 AO, at the same schedule of rates, but in an adjusted amount of $250,000, and costs in an adjusted amount not to exceed $48,000.  Original contract funding was approved on February 26, 2002, by way of Agenda Item No. 5B-5 in an amount not to exceed $130,000 for legal services and costs not to exceed $25,000; the First Amendment to that contract was approved on April 10, 2007, by way of Agenda item No. 6F-1 at a new schedule of rates in an amount not to exceed $180,000 and costs not to exceed $25,000.  SUMMARY:  James McCarthy claims that he was arrested in December 1997, and charged with twenty-two (22) counts of grand theft, as a result of false information provided to the State Attorney’s Office by Maurice Rosenstock and Daniel Hyndman.  DeMaio is a former Assistant United States Attorney who has handled similar lawsuits, and David DeMaio has represented the Palm Beach County Sheriff’s Office and the City of West Palm Beach.  Countywide  (AJM)

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

 

1.         Staff recommends motion to approve: contracts with listed provider agencies for the period March 1, 2008, through February 28, 2009, totaling $2,908,208, for Ryan White Part A HIV Emergency Relief Formula/Supplemental funds:

 

Formula           Supplemental

A)   Health Care District of Palm Beach Co.                     $641,888                $ 72,112

 

B)   Palm Beach County Health Department                 $1,504,585                $689,623

        $2,146,473                $761,735

 

                 Total   $2,908,208

 

SUMMARY:  A Notice of Grant Award from the Department of Health and Human Services Health Resources and Services Administration (HRSA) was received on March 3, 2008, that conveys an award for the contract period March 1, 2008, through February 28, 2009. Total funds awarded are $7,786,995, of which $778,699 is allocated for Grantee Administration (which includes $300,000 for Care Council Support subcontracted to Treasure Coast Health Council); and $389,350 for Quality Management. An agenda item was completed and submitted for the May 6, 2008 BCC meeting with contracts totaling $4,010,738. These are the remaining contracts totaling $2,908,208. (Ryan White)  Countywide  (TKF)

 

 

2.         Staff recommends motion to:

 

A) ratify the Chairperson’s signature on the Application to the Florida Department of Education (DOE) for participation in the Summer Food Service Program (SFSP), for the period of June 2, 2008, through August 15, 2008, in an amount not-to-exceed $822,576, to provide nutritious meals for children; 

 

B) ratify the Chairperson’s signature on Sponsor Agreement with Florida DOE for the period of June 2, 2008, through August 15, 2008; and

 

C) approve Budget Amendment of $285,714 in the General Fund to reconcile the budget to the actual grant award.

 

SUMMARY: This program funds approximately 60 sites where meals will be provided to children 18 years and younger. These sites will provide 2,075 breakfasts; 3,947 lunches; and 2,112 snacks daily during the summer months.  A budget amendment is necessary to align the revenue budget with the new reimbursement rate.  No County funds are required.  (Human Services)  Countywide (TKF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

3.         Staff recommends motion to approve: contracts with listed provider agencies for the period March 1, 2008, through February 28, 2009, totaling $2,208,826 for Ryan White Part A HIV Emergency Relief Formula/Supplemental funds:

 

A)  Comprehensive AIDS Program (Formula)                                          $ 1,187,878

 

B)  Comprehensive AIDS Program (Supplemental)                                 $    536,925

 

C)  Comprehensive Community Care Network, Inc. (Formula)   $    392,173

 

D)  Comprehensive Community Care Network, Inc. (Supplemental)  $     91,850

 

E)  Legal Aid Society of Palm Beach County, Inc. Amendment No. 1

to contract (R2008-0731) to increase Formula funding                $      54,214

 

F)  Legal Aid Society of Palm Beach County, Inc. Amendment No. 1

to contract (R2008-0731-1) to decrease Supplemental funding $    -54,214

Total    $2,208,826

 

SUMMARY:  A Notice of Grant Award from the Department of Health and Human Services Health Resources and Services Administration (HRSA) was received on March 3, 2008, that conveys an award for the contract period March 1, 2008, through February 28, 2009. The contracts listed complete the allocation of the total awarded funding of $7,786,995.  Legal Aid Society contract funding is being adjusted because more funds were allocated than actually awarded in the Supplemental funding.  Formula funds are available to cover the Supplemental funding adjustment.  Other contracts allocated funding have been approved on prior BCC agendas.  The grantee, Palm Beach County, is responsible for selecting and contracting with service providers. The HIV Council is charged with the sole responsibility of determining service priorities and the allocation of funding the service priorities. The grant award is for the provision of services related to HIV affected clients, such as medical case management, medical care, oral health care and substance abuse treatment.  The agencies listed were selected through the Request for Proposal (RFP) process and have been recommended to receive funding. (Ryan White)  Countywide  (TKF)

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

1.         Staff recommends motion to:

 

A) approve a one (1) time revision to the Airline Service Incentive Program Participation Agreement form, reducing the required service duration from 6 months to 12 weeks for White Airways, S.A. for international flights to Lisbon, Portugal; and

 

B) authorize the County Administrator or his designee to execute the revised form agreement with White Airways, S.A.

 

SUMMARY:  The BCC approved the original standard form Airline Service Incentive Program (Program) Participation Agreement in 2002 (R2002-2294), providing for airport fee reductions to attract air service from new destinations.  The current standard form agreement approved pursuant to Resolution 2006-2643 requires the airline’s service duration to last a minimum of 6 months. Staff recommends a one (1) time reduction in this requirement to 12 weeks to attract White Airways, which is proposing direct flights between Lisbon, Portugal and Palm Beach County during the summer of 2008.  The agreement will be executed by the County Administrator or his designee upon finalization of the agreement authorizing White Airways to conduct airline operations at PBIA.  The County will be waiving an estimated $7,800 in airport fees; however, approximately $17,600 in airport fees would remain payable to the County.  Additional concession revenues will likely be earned due to increased passenger traffic.  Countywide  (AH)

 

 

2.         Staff recommends motion to approve:  

 

A)  Agreements to purchase the following properties at a total cost of $337,000.  Said properties are located south of Runway 31 at Palm Beach International Airport (PBIA):

 

                                    Timothy A. Wright

                                    207 Grace Drive South                                  

                                    West Palm Beach, FL 33406                      Parcel S–1

                                    Sales Price                                                    $170,000

                                    Replacement Housing                                  $      N/A

 

                                    John M. White

                                    210 Grace Drive South

                                    West Palm Beach, FL 33406                      Parcel S–3

                                    Sales Price                                                    $167,000

                                    Replacement Housing                                  $       N/A

 

B) a Budget Transfer of $397,000 in the Airports Improvement and Development Fund from Reserves to provide budget for the purchase of property, including demolition and asbestos removal costs, in the Runway Protection Zone (RPZ) South of Runway 31 at PBIA.

           

SUMMARY:  In accordance with Federal Aviation Administration (FAA) regulations, the Department of Airports is encouraged to acquire property within the Runway Protection Zone.  Countywide  (JMB)

   


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

3.         Staff recommends motion to receive and file:  three (3) original Agreements for the Department of Airports:

 

A)  Agreement to Terminate Hangar Lease Agreement with Sky Aviation, LLC, Unit 11, Building 11720 at North County Airport, terminating R2006-1104 on April 30, 2008;

 

B) North County General Aviation Airport Hangar Lease Agreement with James C. Elwood, Unit 19, Building 11300, for one (1) year, automatically renewed at one (1) year intervals, commencing on May 1, 2008; and

 

C) Memorandum of Understanding (MOU) for lease of property between Department of Airports and Facilities Development and Operations Department for use of a portion of Belvedere Property on an interim, short-term basis until alternative facilities can be acquired or constructed, commencing May 1, 2008, terminating December 31, 2010 or sooner.

 

SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the BCC in R2004-1367 and R2007-1755.  Authority for execution of the MOU was approved by the BCC in R2008-0613.  Countywide  (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to authorize:  the Chairperson to certify the non ad-valorem assessment roll on electronic media to the Tax Collector pursuant to Chapter 197, Florida Statutes.  Summary:  In 1998, the County began using the Uniform Method of collecting non-ad valorem special assessments.  Under this procedure, special assessments are included on the tax bills.  Each year the non-ad valorem assessment roll must be certified to the Tax Collector by September 15.  Countywide (PFK)

 

 

2.         Staff recommends motion to approve: First Amendment to Agreement (R2006-1183) with McGladrey & Pullen, LLP for External Auditing Services, increasing the compensation by $90,000 for the third and final year of the initial three (3) year contract for a total of $750,000 in audit services for FY 2008. SUMMARY: On May 8, 2008, the External Auditor Selection Committee met to consider a request from McGladrey & Pullen, LLP to increase fees for additional work required by new auditing standards. Though less in scope than the rules for public company audits these new standards parallel many of the key themes of Sarbanes-Oxley and require the auditors to perform additional work. The request was for an additional $99,000, a 15% increase in the current annual compensation. The Selection Committee discussed the request and approved an increase of $90,000 (13.6%), bringing the total annual compensation for FY 2008 audit services to $750,000.  Countywide  (PFK)

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

3.          Staff recommends motion to approve: Budget Transfer from school impact fee reserve accounts to school impact fee appropriation accounts for the following school impact fee funds:

 

Fund                                                                                      Amount

School Impact Fee Zone 1                                                   $   980,000

School Impact Fee Zone 2                                                   $   578,000

School Impact Fee Zone 3                                                   $2,198,000

School Impact Fee Zone 4                                                   $   843,000

 

Summary:  Estimated impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected. The Budget Transfers allow for the appropriation of collected impact fees that then allows the County to remit funds due the School District.  Countywide  (LB)

 

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS 

 

1.         Staff recommends motion to approve:  Amendment No. 3 to Contract with The Gordian Group, Inc. (R2005-1489) for consulting/professional services in conjunction with the Job Ordering Contract (JOC) system extending the contract until August 15, 2009; and increasing the not-to-exceed limit from $355,000 to $504,000.  Summary:  Amendment No. 3 is a revision to the Contract with The Gordian Group, Inc.  The Gordian Group provides professional services required to implement the JOC system to facilitate renovation, repair, and/or maintenance improvement projects.  Compensation is 1.5% of the dollar value of issued JOC Work Orders.  Amendment No. 3 increases the not-to-exceed limit for fees by $149,000 for a cumulative total of $504,000.  Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the Contract.  The additional funding capacity will provide for the full 48 months contemplated by the original Contract term at the historical average monthly expenditure.  All other terms of the original Contract remain in effect.  (FD&O Admin)  Countywide  (JM)

 

2.         Staff recommends motion to approve:  Amendment No. 1 to the annual Contract (R2007-1104) with Gentile Holloway O’Mahoney & Associates, Inc., to provide professional consulting services for property development evaluations.  Summary:  Gentile Holloway O’Mahoney & Associates, Inc. was selected to provide professional consulting services for property development evaluations on July 10, 2007.  The original Contract provided for an initial one (1) year term with two (2) - one (1) year renewal options.  Amendment No. 1 will provide for services during the first renewal period.  Gentile Holloway O’Mahoney & Associates, Inc. has an SBE participation goal of 96%.  During the year of the Contract, Gentile Holloway & O’Mahoney & Associates

            has achieved 100% participation.  (Capital Improvements Division)  Countywide  (JM)


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

3.         Staff recommends motion to approve:  Contract with Cotleur & Hearing, Inc. to provide property development evaluation services on a continuing contract basis for Facilities Development & Operations Department projects.  Summary:  The purpose of this Contract is to have a consultant under contract to provide planning, engineering, and related consulting services for Facilities Development & Operations Department efforts to evaluate the developability of existing County-owned property and potential land acquisition parcels.  Consultant fees will be negotiated on an individual basis for the identified project.  This Contract will be for one (1) year with a one (1) year extension option.  The SBE goal for this Contract is 15%.  Cotleur & Hearing, Inc. anticipates 94% SBE participation.  (Capital Improvements Division)  Countywide  (JM)

 

 

4.         Staff recommends motion to approve:  Contract with Kilday & Associates, Inc. to provide property development evaluation services on a continuing contract basis for Facilities Development & Operations Department projects.  Summary:  The purpose of this Contract is to have a consultant under Contract to provide planning, engineering, and related consulting services for Facilities Development & Operations Department efforts to evaluate the developability of existing County-owned property and potential land acquisition parcels.  Consultant fees will be negotiated on an individual basis for the identified project.  This Contract will be for one (1) year with a one (1) year extension option.  The SBE goal for this Contract is 15%.  Kilday & Associates, Inc. anticipates 29% SBE participation.  (Capital Improvements Division)  Countywide  (JM)

 

 

5.         Staff recommends motion to approve:  a First Amendment to the Agreement (R2003-1964) with the City of Coral Springs (City), allowing for interoperable communications through the countywide common groups of the County=s 800 MHz Radio System.  Summary:  The Agreement with the City, which provides the terms and conditions under which the City can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications will expire on December 2, 2008.  The Agreement provides for three (3) - five (5) year renewals but renewals require approval by both parties.  The City has approved a renewal to extend the term of the Agreement  until December 2, 2013.  The renewal now requires Board approval.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement.  The City is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System.  The Agreement may be terminated by either party, with or without cause.  (FDO/ESS)  Countywide  (JM)

 

 

6.         Staff recommends motion to approve: Change Order No. 8 to the Contract with West Construction, Inc. (R2006-2723) in the amount of $5,382.90 for the PBSO K9 Training Expansion project.  Summary:  Change Order No. 8 provides for a reinforced concrete slab and electrical grounding for a storage container to contain various training aids and props.  PBSO requested the storage container to satisfy Federal regulatory requirements for this equipment and installation of the container also requires compliance with all local building codes.  Both the storage container and this Change Order are being funded by the Sheriff, but accomplished via Change Order to expedite the completion and ensure coordination with the ongoing construction project.  Change Order No. 8 must be approved by the Board as it exceeds the cumulative limits of the Department Director and Contract Review Committee (CRC).  (Capital Improvements Division)  District 6 (JM)

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

7.         Staff recommends motion to approve:  a First Amendment to a Two-Year Lease Agreement (R2006-0986) with the Village of Tequesta, dated June 6, 2006, for the continued use of Fire Rescue Station No. 11 located at 465 Seabrook Road, in Tequesta.  Summary:  The County, on behalf of the Fire Rescue Department, currently leases a 3,206 sq. ft. building at 465 Seabrook Road, in Tequesta for the operation of Fire Rescue Station No. 11.  This Amendment extends the term of the Lease until September 30, 2009, unless sooner terminated.  The annual rent is $1 per year.  (PREM)  District 1  (HJF)

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve:  a reimbursement to The Haven, Inc. in the amount of $4,327.90.  SUMMARY: Approval of this agenda item will reimburse The Haven, Inc. for expenses already incurred by them in connection with the installation of an emergency generator at the foster care facility located at 21441 Boca Rio Road in unincorporated Boca Raton, which has been completed.  The Haven, Inc. previously entered into a funding Agreement with Palm Beach County for this project on July 18, 2007.  The Agreement expired on January 31, 2008.  This reimbursement will pay for work that would have been funded under the Agreement.  Their $4,327.90 payment could not be reimbursed until the contractor completed his compliance with the federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project. Davis-Bacon Act matters have now been addressed enabling this reimbursement.  These are federal funds which require no local match.  District 5 (TKF)

 

2.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2007-0777) with the Westgate/Belvedere Homes Community Redevelopment Agency extending the expiration date from April 30, 2008, to July 31, 2008, increasing the funding amount from $80,000 to $139,900 in Community Development Block Grant (CDBG) funds.  SUMMARY:  This Amendment provides an extension of three (3) months to the term of the existing Agreement for the installation of street lights on Cherry Road.  The construction contract amount for this project is $334,903.  With the approval of this Amendment, the County funding will be $139,900 and the Westgate/Belvedere Homes Community Redevelopment Agency will fund the shortfall of $195,003, as well as the engineering design fees.  These are federal funds that require no local match.  District 2  (TKF)

 

 

3.         Staff recommends motion to approve: an Agreement with the City of Lake Worth for improvements to the Memorial Park multi-purpose sports field in the amount of $143,000, in Community Development Block Grant (CDBG) funds for the period of July 8, 2008, through June 30, 2009.  SUMMARY: The scope of this project includes reconstruction of a multi-purpose sports field in Memorial Park located near the northwest corner of 6th Avenue South and “A” Street in the City of Lake Worth.  The work shall include sod removal, re-grading, drainage, irrigation and installation of new turf.  These are federal CDBG funds that require no local match.  District 7  (TKF)

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

4.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2007-1118) with the City of Greenacres, to extend the expiration date from April 30, 2008, to July 31, 2008, and increase the funding amount from $150,000, to $200,000, in Community Development Block Grant (CDBG) funds. SUMMARY:  The Amendment provides an extension of three (3) months to the term of the existing Agreement for culvert replacement and road restoration on Swain Boulevard, Martin Avenue, and Fleming Avenue, where these roadways cross the L-11 Canal in the City of Greenacres.  A construction contract has been executed by the City for $222,080.  With the approval of this amendment, the County’s funding will be $200,000, and the City will fund the shortfall of $22,080, as well as the engineering design fees.   These are federal CDBG funds that require no local match.  District 2  (TKF)

 

 

5.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2007-0154) with the City of Greenacres to extend the expiration date from May 31, 2008, to July 31, 2008, and increase the funding amount from $70,742 to $122,742 in Community Development Block Grant (CDBG) funds.  SUMMARY:  This Amendment provides an extension of two (2) months to the term of the existing Agreement for the demolition of a building and construction of a parking lot in Ira Van Bullock Park in the City of Greenacres.  A construction contract has been executed by the City for $217,686.  With the approval of this amendment, the County’s funding will be $122,742, and the City will fund the shortfall of $94,944, as well as the engineering design fees.  These are federal funds that require no local match.  District 2  (TKF)

 

 

6.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2007-0296) with the City of Riviera Beach to increase the funding amount from $238,115 to $416,115 in Community Development Block Grant (CDBG) funds.  SUMMARY:  The Amendment provides an additional $178,000 in funding for the construction of street improvements on West 32nd Street in the City of Riviera Beach.  The street improvements include storm water drainage, curbs, gutters, sidewalks, paving, landscaping, relocation of water and sewer lines, adjustment of sewer laterals/water meters/valves, retaining walls, resetting of chain link fences and other incidental work associated with these improvements.  A construction contract has been executed by the City for $564,503.  With the approval of this amendment, the County’s funding will be $416,115, and the City will fund the shortfall of $144,388, as well as the engineering design fees. These are federal funds that require no local match.  District 7  (TKF)

 

 

7.         Staff recommends motion to approve: a reimbursement to Town of Lake Park in the amount of $30,484.  SUMMARY: Approval of this agenda item will reimburse the Town of Lake Park for expenses already incurred by them in connection with storm water drainage improvements on Bayberry Drive, between 7th Court and 8th Street, which have been completed in the Town of Lake Park.  The Town of Lake Park entered into a funding Agreement with Palm Beach County for this project on February 6, 2007, as amended on May 15, 2007.  The Agreement expired on December 31, 2007.  This reimbursement will pay for work that would have been funded under the Agreement. Their $30,484, payment could not be reimbursed until the contractor completed his compliance with the federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project.  Davis-Bacon Act matters have now been addressed enabling this reimbursement.  These are federal funds that require no local match. District 7  (TKF)

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:  Change Order No. 2 to the Contract with Florida Design, Inc. (R2007-1529) for the Southern Region Water Reclamation Facility (SRWRF) & Water Treatment Plant (WTP) No.3 Short Term Odor Control project decreasing in the contract price by $116,878.02 and increasing the contract time by 5 days.  SUMMARY:  Change Order No. 2 authorizes the contractor to perform additional work consisting of items 1 through 6 and a credit for item No.7 outlined in the description of work for the short Term Odor Control project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall. This Change Order includes zero SBE participation. This contract with Florida Design Inc. provides for SBE participation of 15.19% overall. (WUD Project No. 06-091 & 07-045)  District 5  (JM)

 

 

                        2.         Staff recommends motion to approve: Change Order No. 3 to the Contract with Globe Tec Construction, Inc. (R2006-1949) for the Lake Region Water Treatment Plant Pipeline decreasing the contract price by $1,810,768.99.  SUMMARY:  Change Order No. 3 authorizes the reconciliation of final quantities in the contract.  Total change orders to date, excluding the $4,663,128.08 sales tax recovery program change order, equal $ ($1,763,438.99) (11.70 % decrease). Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall. This Change Order includes zero SBE participation. This contract with Globe Tec, Construction, Inc. provides for SBE participation of 15.19% overall. (WUD Project No. 03-169) District 6 (JM)

 

 

                        3.         Staff recommends motion to approve:  Work Authorization No. 1 under the Water Utilities Continuing Construction Contract (R2008-0769) with AKA Services, Inc. for the construction of the Coconut Road Area Water Main Special Assessment Project in the amount of $373,290.  SUMMARY:  This Work Authorization provides for construction of new water mains and service lines as well as asphalt road overlay in the Coconut Road Area.  The project will serve 42 residential properties currently on private wells. This area is located within Community Development Block Grant (CDBG) and Countywide Community Revitalization Team (CCRT) target areas. The Department of Housing and Community Development (HCD) will provide $241,374 in funding and the Office of Community Revitalization will provide CCRT funding in the amount of $131,916. The contract with AKA Services, Inc., provides for 15.63% SBE participation overall.  This Authorization includes 24.41% overall participation. The cumulative SBE participation, including this Authorization, is 24.41% overall.  (WUD Project No. 06-013)  District 3 (MJ)

 

 

4.         Staff recommends motion to approve: Change Order No. 7 to the Contract with Poole and Kent Company, Inc. (R2005-1928) for the Lake Region Water Treatment Plant (LRWTP) increasing the contract price by $425,836.  SUMMARY:  This Change Order authorizes the Contractor to make changes to the construction of certain portions of the Water Treatment Plant.  This consists of various civil, mechanical and electrical changes.  Total change orders to date, excluding the $7,549,033.78 sales tax recovery program Change Order No. 1 and the $500,000 South Florida Water Management District Acceleration Change Order No. 6, equals $1,051,961.38 (8.43% 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 original contract with the Poole and Kent Company, Inc. provides for SBE participation of 22.25% overall.   (WUD Project No. 03-169)  District 6  (JM)

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES  (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) a Contract with Southeast Drilling Services, Inc. for the Floridan and Deep Injection Well Continuing Construction Contract over a 36 month term in a cumulative amount not-to-exceed $3,498,800;

 

B) Work Authorization No. 1 to perform a repair on the Southern Region Operations Center (SROC) deep injection well in the amount of $630,000; and

 

C) Work Authorization No. 2 to perform mechanical integrity testing of the deep injection well and perform a repair on the monitor well located at Southern Region Pumping Facility (SRPF) in the amount of $297,000.

 

SUMMARY:  On April 30, 2008, two (2) bids were received for the Water Utilities Department Floridan and Deep Injection Well Continuing Construction Contract with the low bid from Southeast Drilling Services, Inc. in the amount of $3,498,800. This Contract will be used for mechanical integrity tests and repairs to deep injection wells and associated monitor wells. The Contract also provides for future Floridan well pump and motor maintenance at the new Lake Region Water Treatment Plant (LRWTP).  This Contract by itself does not guarantee or authorize Southeast Drilling Services, Inc. to perform any work.  Work will be assigned during the 36 month contract period by formal work authorizations.  The unit prices contained in this contract will be used in determining the cost of these work authorizations.  Work Authorization No. 1 is to perform a repair of the SROC deep injection well for Water Treatment Plant No. 3 in the amount of $630,000. Work Authorization No. 2 is to perform a mechanical integrity testing of the deep injection well and to perform a repair of the monitor well for Southern Region Pumping Facility (SRPF) in the amount of $297,000. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with Southeast Drilling Services, Inc. provides for SBE participation of 57.16% overall.  Work Authorization No. 1 provides for SBE participation of 58.00% overall. Work Authorization No. 2 provides for SBE participation of 58.00% overall. WUD Project Nos. 08-051, 08-020 and 08-062.  Districts 5 & 6  (JM)

 

 

6.         Staff recommends motion to approve: a Budget Amendment of $5,000,000 in the Water Utilities (WUD) Capital Improvement Fund.  SUMMARY:  On May 20, 2008, the Board of County Commissioners approved Agreements (R2008-0906 – R2008-0911) with Florida Power and Light (FPL), the East Central Regional Wastewater Treatment Operation Board (ECR), the City of West Palm Beach (City) and three (3) Consultant Service Authorizations. These agreements laid the groundwork for constructing and operating a reclaimed water system to enable reclaimed water to become the primary source of cooling water supply to the West County Energy Center. As part of these agreements, FPL will reimburse WUD for all consultant and in-house costs of designing the facility. Approval of this item will establish all the budgetary accounts necessary to reflect the financial impact of this agreement.  Districts 2 & 6  (MJ)

 

 

 

 

 

 

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES  (Cont’d)

 

7.         Staff recommends motion to receive and file: two (2) Standard Development Agreements and one (1) Standard Development Renewal Agreement complete with executed documents received during the months of March and April 2008:

 

                                    Standard Development Agreements

                                    A)  The Whiteside Group, Inc.                      (District 2)                              01-01208-000

                                    B)  Community of Hope, a United Methodist Congregation, Inc.            

                                                                                                            (District 6)                              11-01009-000

                                    Standard Development Renewal Agreement

                                    C)  Town Commons, LLC                            (District 3)                              05-01054-R01

                                               

 

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

 

 

8.         Staff recommends motion to approve: Change Order No. 5 to the Contract with John J. Kirlin Construction, Inc. (R2006-2470) for the Northern Region Pump Station increasing the contract price by $21,189.38 and increasing the contract time by 124 days. SUMMARY: Change Order No. 5 authorizes the Contractor to perform additional work and provides additional time due to a delay by FPL for the Northern Region Pump Station Project. Total change orders to date, excluding $1,445,412.56 sales tax recovery program change order, equals $192,798.98 (2.40% increase).  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall.  This Change Order includes zero SBE participation. The contract with John J. Kirlin Construction, Inc. provides for SBE participation of 15.09%. The cumulative SBE participation, including this Change Order, is 15.09% overall. (WUD Project No. 06-050)  District 6  (JM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to:

 

A) approve a Contract in the amount of $140,000 with Florida Institute of Technology (FIT) to conduct a sediment sourcing study in the Lake Worth Lagoon (LWL) and the drainage canals of the C-51 and L-8 Basins expiring July 31, 2009;

 

B) accept Purchase Order No. 4500024531 from the South Florida Water Management District (SFWMD) for $80,000 to cost-share this study;

 

C) approve a Budget Amendment of $80,000 in the LWL fund for the LWL Monitoring Project to recognize revenue from the purchase order; and

 

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

 

Summary:  The Contract authorizes FIT to assess sediment sources that are discharged into the LWL through the C-51 Canal. This study is part of the monitoring efforts described in the revised Lake Worth Lagoon Management Plan, approved by the Board of County Commissioners on April 1, 2008 (R2008-0569).  The Contract expires July 31, 2009.  Stormwater runoff is a major source of sediment input to the LWL that negatively impacts water quality and estuarine habitats.  Information from this study will be used to develop specific Best Management Practices (BMPs) to reduce pollution.  Funding is provided through the Florida Department of Environmental Protection (FDEP) Contract No. LP6046 (R2006-0583, R2006-2257, R2007-2279) and the SFWMD.  Countywide (SF)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:  Agreement with Jewish Federation of South Palm Beach County, Inc. for the period June 3, 2008, through September 30, 2008, in an amount not-to-exceed $25,000 for funding of the 2008 Israel Independence Day Celebration. SUMMARY: This funding is to assist with expenses for the Israel Independence Day Celebration sponsored by Jewish Federation of South Palm Beach County, Inc. at the Mizner Park Amphitheater on May 7, 2008. This event was attended by approximately 5,000 people. The Agreement allows for the reimbursement of eligible project costs incurred subsequent to January 28, 2008.  Funding is from the Recreation Assistance Program (RAP) District 5 Funds.  District 4 (AH)

 

 

2.         Staff recommends motion to receive and file: original executed Amendment to Request for Funding Form for School Board Recreation Assistance Program project for Forest Hill Community High School for Environmental Academy field trips (R2008-0556) to increase the allocation by $5,000 for total project allocation of $10,000. SUMMARY: This fully executed Amendment to Request for Funding Form is being processed in accordance with the Interlocal Agreement for the funding of Recreation Assistance Program (RAP) Projects (R2003-1747), as amended.  All other terms of the Request for Funding Form remain the same. This additional funding is from the Recreation Assistance Program (RAP) District 2 Funds.  District 2  (AH)

 

 

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

3.         Staff recommends motion to receive and file: original executed Request for Funding Form for School Board Recreation Assistance Program (RAP) project for Royal Palm Beach High School ($1,000), Glades Central High School ($1,000), Palm Beach Central High School ($1,000), Seminole Ridge High School ($1,000), and Wellington High School ($1,000) in an amount not-to-exceed $5,000 for funding of Project Graduation 2008.  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)

 

 

4.         Staff recommends motion to approve:  Agreement with Place of Hope, Inc. for the period June 3, 2008, through September 30, 2008, in an amount not-to-exceed $5,000 for funding of the Voices of Hope Child Welfare Network Project/Justice for Families event.  SUMMARY: This funding is to help offset costs for the Voices of Hope Child Welfare Network Project/Justice for Families event held on April 15, 2008.  The event attracted approximately 450 participants including social workers, child welfare professionals, volunteers and advocates, affordable housing providers, and anyone working with people/families of poverty in the County.  The Agreement allows for the reimbursement of eligible pre-Agreement expenses incurred subsequent to January 1, 2008.  Funding is from the Recreation Assistance Program (RAP) District 4 Funds.  District 4  (AH)

 

 

5.         Staff recommends motion to approve:  Agreement with Palm Beach County PAL, Incorporated for the period June 3, 2008, through August 30, 2008, in an amount not-to-exceed $5,000 for funding of the Shop with a Cop event.   SUMMARY: This funding is to help offset costs paid by Palm Beach County PAL, Incorporated for the Shop with a Cop event held during the 2007 holiday season.  The event served approximately 200 children and youth.  The Agreement allows for reimbursement of eligible expenses incurred subsequent to November 1, 2007.  Funding is from the Recreation Assistance Program (RAP) District 7 Funds.  District 2  (AH)

 

 

6.         Staff recommends motion to receive and file:  executed Independent Contractor Agreements received during the month of April:

 

A)  Modern Bujutsu Karate Florida, Inc., Martial Arts Program, West Boynton Park & Recreation Center; and

 

B)  Building Up Sports Academy, Fishing Camp, various locations.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item.  The Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the Board to receive and file.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 


JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

7.         Staff recommends motion to approve:  License Agreement with American Society of Composers, Authors and Publishers (“ASCAP”) for the period March 15, 2008, through March 14, 2009, in an amount not-to-exceed $7,968 to provide public performances including live performances, recorded performances, and music, in the ASCAP repertory, in accordance with the copyright laws of the United States.   SUMMARY:  Title 17 of the United States Code establishes property rights in musical works and grants creators and owners of copyrighted musical works the exclusive right to perform or authorize the performance of their works publicly.  Under the law, owners and operators of facilities or presenters of concerts and other events are responsible for performances on the premises.  The property owners must obtain a license to present musical performances in order to be in compliance with the copyright law.  This Agreement provides for the County to present an entire musical spectrum of performances in the ASCAP repertory, within various venues in the County, in accordance with copyright laws.  Countywide (AH)

 

 

X.                 PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: the following original executed amendments pertaining to the FY 2006 Urban Area Security Initiative (UASI) Federally Funded sub-grant Agreement, (Contract No: 07DS-5S-11-16-02-259) extending the grant and sub-grants to June 30, 2009:

                                   

A)  First Amendment to Memorandum of Agreement with City of Miramar;

 

B)  First Amendment to Interlocal Agreement with City of Riviera Beach;

 

C)  First Amendment to Interlocal Agreement with Village of Wellington;

 

D)  First Amendment to Interlocal Agreement with City of Greenacres; and

 

E)  First Amendment to Contract with Palm Beach Medical Society;

 

SUMMARY:  Resolution No. R2006-2669 authorizes the County Administrator, or his designee, to execute modifications and amendments to the agreement with the City of Miramar, local governments and private agencies previously authorized or approved by the Board of County Commissioners. Countywide  (DW)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

JUNE 3, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

           

BB.     SHERIFF

 

1.         Staff recommends motion to receive and file: Grant Adjustment Notice amending the Florida Department of Law Enforcement’s Florida Consortium “2006 Paul Coverdell National Forensic Sciences Improvement Act” Grant for payment of staff training to extend the ending grant period from March 31, 2008, to December 31, 2008.  SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $39,560 on March 13, 2007; the original period for this grant was October 1, 2006, through September 30, 2007 (R2007-0411).  On December 4, 2007, the BCC received and filed an agenda item extending the grant period from September 30, 2007, to March 31, 2008 (R2007-2206). This agenda item will extend the grant period from March 31, 2008, to December 31, 2008.  The National Institute of Justice (NIJ) awarded these funds to the Florida Department of Law Enforcement (FDLE) for the “Paul Coverdell National Forensic Sciences Improvement Grant”. The Palm Beach County Sheriff’s Office (PBSO) was awarded funds to improve the quality of forensic services. The funds are being used to train 20 staff members in expert witness court testimony techniques, and 20 managers and staff in documentation. The PBSO has been given an extension to allow the grant funds to be fully expended. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required.  Countywide (DW)

 

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement with the City of West Palm Beach for reimbursement of overtime cost, in the amount of $21,358, associated with the Gramercy Park Weed and Seed Project for the period of October 1, 2007, to September 30, 2008; and

 

B) approve a Budget Amendment of $21,358 in the Sheriff’s Grant Fund.

 

SUMMARY: On August 3, 2007, the City of West Palm Beach, received an award from the United States Department of Justice Office of Justice Programs to implement the Gramercy Park Weed and Seed Project.  On February 15, 2008, the Palm Beach County Sheriff’s Office (PBSO) and the City of West Palm Beach entered into an agreement to create the Gramercy Village Community Area Multi-Agency Law Enforcement Unit (MALEU).  The objective of the MALEU is to prevent, control, and reduce violent crime, drug abuse, and gang activity in the Gramercy Village Community Area. Under this Agreement, the Palm Beach County Sheriff’s Office will receive $21,358 in reimbursable funds for overtime costs associated with the program. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required.  District 3  (DW)

 

 

3.         Staff recommends motion to receive and file: a Grant Adjustment Notice amending the U.S. Department of Justice Project Safe Neighborhood grant, for the Midnight Hoops Program for Fremd Village, to extend the ending grant period from March 31, 2008, to December 31, 2008.  SUMMARY: The Board of County Commissioners (BCC) accepted the grant for $44,125 on September 11, 2007; the original grant period was July 1, 2007, through March 31, 2008 (R2007- 1575). This agenda item will extend the grant period from March 31, 2008, through December 31, 2008. The objective of this program is to purchase lighting and develop a basketball and prevention education program for youth in and around the Fremd Village Housing community in Pahokee. The Palm Beach County Sheriff’s Office has been given an extension to allow the grant funds to be fully expended.  No additional positions are needed and no County funds are required.  Countywide  (DW)

 

 

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


JUNE 3, 2008

 

 

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

 

 

            A.        Certificate of Appreciation to Elsie Leviton for over 14 years of distinguished service to Palm Beach County as a member of the Education & Government Programming Advisory Board (November 1993 to February 2008) (Sponsored by Commissioner Marcus)

 

 

            B.        Proclamation declaring June 4, 2008 as “Traffic Safety Distinguished Citizens Day” in Palm Beach County.  (Sponsored by Commissioner Kanjian)

 

           

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


JUNE 3, 2008

 

 

5.         REGULAR AGENDA

 

 

            A.        ADMINISTRATION

 

1.         Staff recommends motion to adopt:  a Resolution establishing the Palm Beach County Green Task Force on Environmental Sustainability and Conservation.  SUMMARY:  This Resolution defines the mission, composition, and responsibilities of the Palm Beach County Green Task Force on Environmental Sustainability and Conservation (Task Force).  The Task Force mission shall be to identify actions and policies that can be implemented by the Board of County Commissioners to encourage healthier, more resource efficient and more sustainable buildings, energy and natural resources conservation and environmental sustainability.  The Task Force is comprised of 17 voting members and three (3) non-voting members and will sunset in one (1) year unless reauthorized by the Board of County Commissioners.  Countywide (GB)

 

 

B.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: the Application of Pine Crest Preparatory School, Inc. for the issuance of not-to-exceed $50,000,000 of Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2008 (the “Bonds”).  SUMMARY:  Pine Crest Preparatory School, Inc. (the “School”), a Florida non-profit corporation which is exempt for taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, has applied for the issuance of industrial development revenue bonds by the County in an amount not to exceed $50,000,000.  Proceeds of the Bonds will be used to finance the costs of acquisition, construction, reconstruction and equipping of educational facilities of Pine Crest School at: (a) its Boca Raton campus located at 2700 St. Andrews Boulevard, Boca Raton, Florida 33434, and (b) its Fort Lauderdale campus located at 1501 N. E. 62nd Street, Fort Lauderdale, Florida 33334.  Since part of the educational facilities are located in the City of Boca Raton, Florida, a municipal corporation located in the County, and part are located in the City of Fort Lauderdale, Florida, the County will be authorized pursuant to an interlocal agreement with the City of Fort Lauderdale, Florida, to issue the Bonds for such educational facilities.  Neither the taxing power nor the faith and credit of the County, nor any County funds shall be pledged to pay principal or redemption premium, if any, or interest on the Bonds.  District 4 (PFK)

 

2.         Staff recommends motion to adopt: a Resolution approving the issuance of not-to-exceed $11,425,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Colonial Lakes Apartments Project) in one (1) or more series (the “Bonds”) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and providing an effective date.  SUMMARY: The Bonds are being issued by the Authority to finance the costs of acquisition, construction and equipping of up to an approximately 132-unit multifamily rental housing facility known as Colonial Lakes Apartments, to be located at the Southwest corner of Lake Worth Road and Westview Street, in Greenacres, Florida, to be rented by qualified persons and families in Palm Beach County, Florida (the “County”) as required by the Code.  Neither the taxing power nor the faith and credit of the County, nor any of the County funds shall be pledged to pay principal or redemption premium, if any, or interest on the Bonds.  District 2 (PFK)

 

 

 

 


JUNE 3, 2008

 

 

5.         REGULAR AGENDA

 

 

            B.        COUNTY ATTORNEY  (Cont’d)

 

3.         Staff recommends motion to approve:

 

            A)   Settlement in the total amount of $1,000,000, inclusive of all attorneys fees and costs, in the case of Palm Beach County v. West Boynton Farms, Case No. 502004CA011435XXXXMBAG; and

 

            B)  a Budget Transfer of $1,000,000 in the Natural Areas Fund Reserves to the Ag Reserve project account to purchase the property.

 

SUMMARY:  On March 31, 2004, the County entered into contracts with West Boynton Farms (WBF) to purchase three (3) parcels of land in the Agricultural Reserve known as the North King, South King, and Woskob parcels.  The parcels were to be used for environmental preservation purposes.  After several unsuccessful attempts to close on the parcels, the County filed a lawsuit against WBF for specific performance and breach of contracts and WBF filed a counterclaim against the County for breach of contract.   This Settlement will result in the County acquiring two (2) of the three (3) parcels (North King and South King) for $1,000,000, which is $121,880 more than the contract purchase price and $71,500 more than the 2003 appraised value and will cover all legal fees, costs and expenses of the acquisition. The Budget Transfer will provide the funding for the settlement agreement from the Natural Areas Fund.  Countywide  (DRO/SF)

 

 

C.        INFORMATION SYSTEM SERVICES

 

1.         Staff recommends motion to approve:  an Application Hosting Services Agreement with the Government of the U.S. Virgin Islands for the development and use of a Business License Web Application in return for an initial setup fee of $37,500, a professional services fee for software development not to exceed $87,979, a monthly software lease fee of $1,500 and a monthly application hosting services fee of $3,500 which will be an ongoing revenue source to the County in the amount of $60,000 annually.  Summary:  The Government of the U.S. Virgin Islands wishes to enter into an Application Hosting Services Agreement with Information System Services (ISS) in order to develop and utilize a customized version of an existing Business License Web Application.  ISS will provide professional services for application development for a fee not to exceed $87,979 and a one-time installation of the Business License Web Application for an initial setup fee of $37,500.  ISS will host the application and database on an existing enterprise server.  Thereafter, the Agreement specifies that the Virgin Islands will pay the County a monthly software lease fee of $1,500 and an application hosting services fee of $3,500. The Agreement provides for a one (1) year period from June 3, 2008, to June 2, 2009 with perpetual one (1) year automatic renewals unless specifically terminated in writing by either party.  This will produce recurring annual revenue of $60,000 for each year that the Application Hosting Services Agreement is in effect.  Countywide  (PK)

 

 

D.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to direct: staff to begin the process of filing eminent domain proceedings against the City of West Palm Beach to acquire the necessary right-of-way, easements and water management areas required for the construction of Jog Road from Roebuck Road to 45th Street (Project). SUMMARY: This action will direct staff to begin the process of eminent domain to acquire the necessary land needed for the Project.  Districts 2 & 6  (PM)

 

 


JUNE 3, 2008

 

 

5.         REGULAR AGENDA

 

 

D.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

2.         Staff recommends motion to initiate: a Comprehensive Plan (Plan) amendment to revise Policy TE 1.1-n to update the time frames and limits of the corridor master plans to account for budgetary constraints and the latest available data.  SUMMARY: The Plan anticipates that the County will address corridor master plans for 28 road segments throughout the County.  It has specific dates showing when nine (9) of the segments should be completed.  Staff is requesting that the Board initiate the process to amend the Plan that would potentially change the dates and amend the list of road segments to reflect the most up to date data, analysis and funding associated with the master plans for these roads.  Countywide (RPB)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A)  the following positions:

 

1 Voluntary Pre-Kindergarten Program Specialist (Pay grade 24, Salary Range $36,849.28 – $55,891.68);

1 Secretary (Pay grade 16, Salary Range $29,076.32 – $44,102.24);

4 Child Development Assistants (Pay grade 11, Salary Range $25,082.72 – $38,057.76);

1 Behavioral Coordinator (Pay grade 30, Salary Range $44,000.32 - $66,734.72)

5 On-Call Paraprofessionals (Pay grade 11, Salary Range $25,082.72 – $38,057.76); and

 

B) Budget Amendment of $ 479,416 in the Head Start Fund for the period October 1, 2007, through September 30, 2008.

 

SUMMARY:  For FY ‘08, Head Start will receive revenue of $479,416 through the State Voluntary Pre-Kindergarten Program to serve 204 four-year-old children.  New positions are needed to support provision and extension of services as well as ensure the continuation of funding. The positions will be eliminated if State funding is reduced or withdrawn. A budget amendment is needed to align the County’s budget with the approved funding.  (Head Start) Countywide  (TKF)


JUNE 3, 2008

 

5.         REGULAR AGENDA

 

            F.         PLANNING, ZONING AND BUILDING

           

                        1.         Staff requests direction: 

                                   

                                    A) on whether to adopt resolutions of the Board of County Commissioners (BCC) of                    Palm Beach County, Florida, granting County tax exemptions for a total of two (2)                  historic properties located within the Town of Palm Beach; and

 

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

 

SUMMARY: On October 17, 1995, the BCC adopted a historic property tax exemption ordinance, Ordinance No. 95-41, applicable countywide. In light of the County’s current financial condition, staff thought it prudent to highlight this exemption and obtain the Board’s direction on whether to maintain this historic property tax exemption.  If approved, the resolutions will authorize a County tax exemption for the following historic properties located within the Town of Palm Beach:

 

                                    Address:  209 Seaspray Avenue

                                    Address:  221 Seaspray Avenue

 

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 County Government Millage Rate, it is estimated that approximately $6,427.87 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. District 1 (RB)

 

                        2.         Staff requests direction:

 

                                    A) on whether to adopt resolutions of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting County tax exemptions for a total of four (4) historic properties located within the City of West Palm Beach; and 

 

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

 

SUMMARY: On October 17, 1995, the BCC adopted a historic property tax exemption ordinance, Ordinance No. 95-41, applicable countywide. In light of the County’s current financial condition, staff thought it prudent to highlight this exemption and obtain the Board’s direction on whether to maintain this historic property tax exemption.  If approved, the resolutions will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach:

 

                                    Address:  333 Monroe Drive

                                    Address:  418 34th Street

                                    Address:  859 Sunset Road

                                    Address:  1114 Florida Avenue     

 

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. (Please see attached resolutions.) Based on the 2008 County Government Millage rate, it is estimated that approximately $2,269.00 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)

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JUNE 3, 2008

 

 

6.         WORKSHOP SESSION – TIME CERTAIN 2:15 P.M.

 

 

            A.        Institutional Uses in Agricultural Reserve Planned Development Preserves (PZ&B)

 

           

 

 

* * * * * * * * * * *


JUNE 3, 2008

 

 

7.         BOARD APPOINTMENTS

 

 

            A.        Environmental Resources Management

                        (South Lake Worth Inlet Advisory Committee)

 

1.         Staff recommends motion to approve: reappointment of three (3) regular members for three (3) year terms on the South Lake Worth Inlet Advisory Committee (SLWIAC), beginning June 17, 2008, and ending June 16, 2011:

 

Nominee         Seat No.  Representing              Nominated by

 

Walt Dinardo          3         Boating-related             Marine Industries Association

                                            Industry                           Commissioner Greene

                                                                                    Commissioner Koons

                                                                                                                        Commissioner McCarty

                                                                                                                        Commissioner Aaronson

 

Jim Jolley                4         Environmental                Commissioner Greene

                                            Organization                  Commissioner Koons

                                                                                                                        Commissioner McCarty

                                                                                                                        Commissioner Aaronson

 

Charles Frederick  6         Parks and Recreation  Commissioner Greene

                                                                                    Commissioner Koons

                                                                                                                        Commissioner McCarty

                                                                                                                        Commissioner Aaronson

                                                                                   

Summary:   The SLWIAC was established under the provisions of Chapter 96-466, Laws of Florida, Resolutions R96-807 and R2000-0631.  The Board consists of one (1) regular and one (1) alternate member nominated by the Town of Manalapan, one (1) regular and one (1) alternate member nominated by the Town of Ocean Ridge, one (1) member in a boating-related industry, one (1) member from an environmental organization, one (1) member with expertise in coastal-related matters, one (1) member with experience in parks and recreation administration and one (1) member of the general public. Mr. Walt Dinardo, Manager of Palm Beach Yacht Club, currently holds Seat No. 3 on the SLWIAC.  The Marine Industries Association Board of Directors nominated Mr. Dinardo for re-appointment.  Mr. Jim Jolley, Palm Beach County Health Department retired biologist, currently holds Seat No. 4.  Mr. Charles Frederick, City of Boynton Beach Recreation and Parks retired director, currently holds Seat No. 6.  All three (3) committee members are seeking reappointment at the end of their terms.  Following approval by the Board of County Commissioners, the Palm Beach County Legislative Delegation must confirm the appointments.  District 4  (SF)

 

 


JUNE 3, 2008

 

 

7.         BOARD APPOINTMENTS

 

 

            B.        public affairs

                        (Education & Government Programming Advisory Board)

 

1.         Staff recommends motion to approve:

 

A) reappointment of four (4) At-Large members to the Education and Government Programming Advisory Board for a term of two (2) years: 

 

Reappoint: (3)              Requirement                            Seat     Nominated By              Term

John Spinola                  Broadcast General Manager        1          Comm. Greene      4/18/08 - 04/17/10

Comm. McCarty

                                                                                                                        Comm. Aaronson                      

                                                                                                                        Comm. Santamaria                                                                               

Sarah Alsofrom              Citizen-at-Large                         9          Comm.  Greene        6/30/08 - 6/29/10

                                                                                                                        Comm. McCarty

                                                                                                                        Comm. Aaronson

                                                                                                                        Comm. Santamaria

 

Cheryl Carpenter            Citizen-at-Large                         10         Comm.  Greene       5/31/08 - 5/30/10

Comm. McCarty

                                                                                                                        Comm. Aaronson

                                                                                                                        Comm. Santamaria

 

B) appointment of one (1) out of two (2) individuals to fill the Marketing Director Seat 3 on the Education and Government Programming Advisory Board for a term of two (2) years:

 

                        Appoint: (1)                  Requirement                            Seat     Nominated By              Term

Susanna Dwinell            Marketing Director                      3          Comm. Kanjian       6/03/08 - 6/02/10

 

OR

 

Carey O’Donnell (I)         Marketing Director                      3          Comm.  Greene     4/18/08 - 4/17/10

                                                                                                                        Comm. McCarty

                                                                                                                        Comm. Aaronson

                                                                                                                        Comm. Santamaria

 

SUMMARY: The Education and Government Programming Advisory Board was created by Resolution No. R91-1489 and amended by Resolution No. R92-388 on March 17, 1992. The Advisory Board consists of ten (10) At-Large members.  Board members represent fields of expertise from the following categories: Broadcast General Manager; Engineer with experience in telecommunication systems; Marketing Director; Cable Industry; Adult Education; PBC Public School System; Member of the BCC; Municipal government representative; and two (2) Citizens-at-Large. The members are appointed by the Board of County Commission and provide assistance in the operation of Channel 20. There are four (4) positions on the Education and Government Programming Advisory Board that need to be filled. The positions include Seat 1 Broadcast General Manager; Seat 3 Marketing Director; Seat 9 Citizen-at-Large; and Seat 10 Citizen-at-Large. On May 5, 2008, a memo was sent to the Board of County Commissioners requesting nominations, appointments or reappointments.  Countywide  (MJ)

 

 

C.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JUNE 3, 2008

 

 

8.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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

 


JUNE 3, 2008

 

 

9.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 3, 2008

 

 

10.       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

 

 

 

 

 

 

11.       ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."


June 3, 2008 – 9:30 a.m.

Final

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 3, 2008

 

PAGE             ITEM

 

  9                    3C-12             DELETED:  Staff recommends motion to approve:  removal of Len Drive Street Improvement Project (Project) from further consideration in the Municipal Services Taxing Unit (MSTU) project list.  (Engineering) (Postponed to June 17, 2008)

 

13                    3E-2                REVISED TITLE: Staff recommends motion to:

 

A)…B)C) approve Budget Amendment of $285,714 $149,267 in the General Fund to reconcile the budget to the actual grant award.  (Community Services)

 

21                    3K-4                REVISED TITLE: Staff recommends motion to approve: Change Order No. 7 to the Contract with Poole and Kent Company, Inc. (R2005-1928) for the Lake Region Water Treatment Plant (LRWTP) increasing the contract price by $425,836 and increasing the contract time by one hundred twenty (120) days.

 

28                    4C                   ADD-ON:  Certificates of Appreciation to Matt Wasserman, Shelly Davidson, Erik Fahnoe, Milton Weiss and Natalie Mond in recognition of their dedication and devotion as volunteers with the Citizens Observer Patrol and for their efforts in removing illegal signs from County rights-of-way.  (Sponsored by Commissioner McCarty)

 

28                    4D                   ADD-ON:  Proclamation declaring June 27, 2008 as “National HIV Testing Day” in Palm Beach County.  (Sponsored by Commissioner Greene)

 

28                    4E                   ADD-ON:  Proclamation declaring June 15 – 21, 2008 as “Transportation Security Administration Safety Week” in Palm Beach County.  (Sponsored by Commissioner Koons)

 

29                    5B-1                DELETED:  Staff recommends motion to approve: the Application of Pine Crest Preparatory School, Inc. for the issuance of not-to-exceed $50,000,000 of Revenue Bonds (Pine Crest Preparatory School, Inc. Project), Series 2008 (the “Bonds”). (County Attorney) (Further staff review)

30                    5C-1               DELETED: Staff recommends motion to approve: an Application Hosting Services Agreement with the Government of the U.S. Virgin Islands for the development and use of a Business License Web Application in return for an initial setup fee of $37,500, a professional services fee for software development not to exceed $87,979, a monthly software lease fee of $1,500 and a monthly application hosting services fee of $3,500 which will be an ongoing revenue source to the County in the amount of $60,000 annually. (ISS) (Further staff review)

 


31                    5D-3               ADD-ON:  Staff recommends motion to approve:

 

A) a Budget Transfer of $100,000 in the Transportation Improvement Fund from Reserve for District 4 to Orange Boulevard Phase I – 140th Avenue to 130th Avenue North;

 

B) a Budget Transfer of $100,000 in the Capital Outlay Fund from Orange Boulevard Phase 1 – 140th Avenue to 130th Avenue North to Florence Fuller Child Development Centers to fund buses–District 4; and

 

C) an Agreement with Florence Fuller Child Development Centers in an amount not-to-exceed $100,000 for the purchase of one (1) school bus and air conditioning for two (2) school buses.

 

SUMMARY: Approval of the Budget Transfers and Agreement will allow Palm Beach County to fund the purchase of one (1) school bus and air conditioning for two (2) existing buses for the Florence Fuller Child Development Centers, a non profit organization.  District 4  (MRE) (Engineering)

 

31                    5E-1*              DELETED:   Staff recommends motion to approve:

 

A)  the following positions:

 

1 Voluntary Pre-Kindergarten Program Specialist (Pay grade 24, Salary Range $36,849.28 – $55,891.68);

1 Secretary (Pay grade 16, Salary Range $29,076.32 – $44,102.24);

4 Child Development Assistants (Pay grade 11, Salary Range $25,082.72 – $38,057.76);

1 Behavioral Coordinator (Pay grade 30, Salary Range $44,000.32 - $66,734.72)

5 On-Call Paraprofessionals (Pay grade 11, Salary Range $25,082.72 – $38,057.76); and..(Community Services) (Further staff review)

 

33                    6A                   DELETED:  Workshop Session - Time Certain 2:15 p.m.:  Institutional Uses in Agriculture Reserve Planned Development Preserves. (PZ&B)

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).