ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 17, 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 - 26)

 

4.         SPECIAL PRESENTATION – 9:30 A.M.  (Page 27)

 

5.         PUBLIC HEARINGS - 9:30 A.M. (Pages 28 - 29)  

 

6.         REGULAR AGENDA (Pages 30 - 32)

            TIME CERTAIN – 11:30 A.M. (Foundcare Presentation) (Page 30)

 

7.         BOARD APPOINTMENTS (Pages 33- 34)

 

8.         STAFF COMMENTS (Page 35)

 

9.         COMMISSIONER COMMENTS (Page 36)

 

10.       ADJOURNMENT (Page 36)

 

 

 

 

* * * * * * * * * * *

 


JUNE 17, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

            3A-1    Amendment No. 1 with MD Now Medical Centers, Inc. changing project location

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claim settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

            3B-5    State Revenue Sharing Application

 

C. ENGINEERING & PUBLIC WORKS

Page 6

            3C-1   Deleted

            3C-2   Deleted

            3C-3   Deleted

Page 7

            3C-4   Deleted

            3C-5   Eight (8) resolutions declaring acquisition of properties for Boca Rio Road widening

            3C-6   Resolution transferring a platted access control easement abutting Beeline Highway to FDOT

            3C-7   Amendment with Village of Royal Palm Beach for Royal Palm Beach Blvd improvements

 

D. COUNTY ATTORNEY  -  None

 

E. COMMUNITY SERVICES

Page 7

            3E-1    Refunding Application for Federal assistance for Head Start/Early Head Start Program

            3E-2    Agreement with FPL for Care to Share Program

Page 8

            3E-3    FY 2008-2009 Community Services Block Grant Award Agreement with FL Dept. of Community Affairs for services to low-income households

            3E-4    Contract with Dept. of Children & Families to prevent homelessness to at-risk households

            3E-5    Agreement with Area Agency on Aging for the Emergency Home Energy Assistance Program

            3E-6    Competitive Training & Technical Assistance Grant Application to US Dept. of Health & Human Services for new staff qualifications

 

F. AIRPORTS

Page 9

            3F-1    First Amendment to Airline-Airport Use and Lease Agreement with US Airways, Inc.

            3F-2    First Amendment to Terminal Building Lease with General Services Administration extending Transportation Security Administration’s rental commencement date

Page 10

            3F-3    Change Order No. 16 with James A. Cummings, Inc. regarding long term parking garage

            3F-4    Amendment No. 1 with David Brooks Enterprises, Inc. regarding Administration Building/Communications Facility

Page 11

            3F-5    Amendment No. 3 with The LPA Group, Inc. for professional planning/design services

            3F-6    Second Amendment with Remediation and Liability Management Company for remedial environmental work

            3F-7    Contract with Drawdy Construction Co., Inc. for Turnage Blvd. bridge repair

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 12

            3G-1   Budget Transfer in the Northlake Blvd. Fund for payment to Northern Palm Beach County Improvement District

            3G-2   Negotiated settlement for Code Enforcement Lien against Harville Properties, Inc.

            3G-3   Negotiated settlement for Code Enforcement Lien against Watson & Jeanne C. Pierre-Louis

            3G-4   Negotiated settlement for Code Enforcement Lien against Elvin & Luz M. Santiago

JUNE 17, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 13

            3H-1    Amendment No. 1 with All-Site Construction, Inc. for annual general contractor services

            3H-2    Amendment No. 1 with Holt Contractors, Inc. for annual general contractor services

            3H-3    Amendment No. 1 with H.A. Contracting Corp. for annual general contractor services

            3H-4    Amendment No. 1 with M.A.C. Construction, Inc. for annual general contractor services

Page 14

            3H-5    Contract with The BG Group, Inc. for demolition of selected structures

            3H-6    Amendment No. 1 with West Construction, Inc. for annual general contractor services

            3H-7    CSA No. 3 with Hanson Professional Services, Inc. for additional design services related to the Government Center Central Energy Plant project

            3H-8    Declaration of easement in favor of Water Utilities for service to South County Regional Park

Page 15

            3H-9    Utility Easement in favor of BellSouth for K-9 facility and WUD Administration Bldg.

3H-10 Notice to extend lease option with Bedner Farm, Inc. for continued agricultural use

3H-11 Utility Easement with FPL for additional electric service at the Emergency Operations Center and Fire Rescue Headquarters

Page 16

3H-12 Utility Easement in favor of BellSouth for communication service for Herman W. Brice Fire Rescue Complex

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 16

            3I-1      Deleted

            3I-2      Agreement w/Florida Housing Corporation, Inc. for emergency shelter and supportive services

Page 17

            3I-3      Agreement w/Florida Housing Corporation, Inc. for supportive services

            3I-4      Resolution authorizing County to join with participating municipalities in the Urban County Qualification Program to facilitate access to federal funds

Page 18

3I-5      Funding for purchase of hurricane shutters for Catherine Longsworth under Hurricane Housing Recovery Program

            3I-6      Resolution approving Fourth Amendment to the State Housing Initiative Partnership Program’s Local Housing Assistance Plan

Page 19

            3I-7      Conceptually approve affordable housing projects through the CAH’s Home Owner Development and Multi-Family Rental Development assistance programs

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 19

            3K-1    Release of Utility Easement on land owned by GKK – Hagen Ltd.

Page 20

            3K-2    Potable Water/Wastewater Development Agreement w/Villa Regina of West Palm Beach, Inc.

            3K-3    Receive & file two (2) standard development agreements and one (1) renewal agreement

            3K-4    Receive & file closing documents relating to Indian Trail Improvement District’s utility system

           

L. ENVIRONMENTAL RESOURCES MANAGEMENT  -  None

 

M. PARKS & RECREATION

Page 21

            3M-1   Agreement with Community Child Care Center of Delray Beach Foundation, Inc. for playground equipment

            3M-2   Agreement with Victory Enterprises and Ventures, Inc. for summer recreational programs

            3M-3   Receive & file School Board RAP for Royal Palm Beach Elementary after school program

            3M-4   Receive & file School Board RAP for Crestwood Middle after school program

            3M-5   First Amendment with City of Boynton Beach for Little League Park field improvements


JUNE 17, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

M. PARKS & RECREATION (Cont’d)

Page 22

            3M-6   Resolution authorizing County Administrator or designee to execute standard entertainment contractor agreements

            3M-7   Agreement with City of West Palm Beach for Kaleidoscope 2008 event

            3M-8   Agreement with City of Boynton Beach for 2008 Boynton Beach Heritage Celebration event

            3M-9   Receive & file School Board RAP for Lake Worth Community Middle band uniforms

            3M-10 Receive & file Independent Contractor Agreement with Eric Mundt, Diving Instructor

Page 23

            3M-11 Interlocal Agreement with City of Lake Worth for 20 car/boat trailer parking spaces on Golf Course Road

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION 

Page 23

            3Q-1   FY 2008 Edward Byrne Memorial Justice Assistance Grant Application

 

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 24

            3X-1    Contracts with agencies to provide drug treatment and testing services to individuals referred by the Juvenile Delinquency Drug Court

 

Y. PURCHASING  - None

 

Z. RISK MANAGEMENT

Page 24

            3Z-1    Receive & file letter from CIGNA confirming renewal rates for the County’s self-insured health plan for 2008

 

AA. PALM TRAN

Page 25

            3AA-1 Donation of eight (8) 1997 Gillig Phantom buses to various organizations

Page 26        

3AA-2 Resolution approving FDOT Supplemental Joint Participation Agreement providing additional funding for construction of Intermodal Transit Facility

 

 

SPECIAL PRESENTATION – 9:30 A.M.

Page 27

            4A       Certificate of Appreciation to Senator Jeff Atwater in appreciation for his leadership in securing funding for the continuation of the restoration of the Lake Worth Lagoon

 

 

 

JUNE 17, 2008

 

TABLE OF CONTENTS

 

 PUBLIC HEARINGS - 9:30 A.M.

Page 28

            5A       Ordinance revoking ad valorem tax exemption granted to Florida Turbine Technologies, Inc.

            5B       Filing of the FY 2008 Section 5307 Federal Transit Administration Grant Application

Page 29

            5C       Filing of the FY 2008 Section 5309 Federal Transit Administration Grant Application

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 30

            6A-1    Presentation of the 2008 Legislative Session final report

            6A-2    Foundcare Presentation – New Community Health Center – TIME CERTAIN 11:30 A.M.

 

COUNTY ATTORNEY

Page 30

            6B-1    Resolution to issue Variable Rate Demand Revenue Bonds by the Palm Beach County Educational Facilities Authority (Palm Beach Atlantic University)

            6B-2    Palm Beach County Affordable Housing Ordinance

 

            ENGINEERING & PUBLIC WORKS

Page 31

            6C-1   Resolution approving recordation and filing of a Specific Purpose Survey Maintenance Map certifying that 60th Street North was constructed and maintained/repaired by County

            6C-2   Five-Year Road Program Ordinance

           

            HOUSING & COMMUNITY DEVELOPMENT

Page 31

            6D-1   Draft Palm Beach County Action Plan for FY 2008 – 2009

 

            PUBLIC SAFETY

Page 32

            6E-1    Budget Transfer for funding the Fifteenth Judicial Circuit Court’s Civil Traffic Hearing Officer Program

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 32

            6F-1    Linear Park property exchange with Palm Beach Atlantic University

 

BOARD APPOINTMENTS  (Pages 33 - 34)

 

STAFF COMMENTS  (Page 35)

 

COMMISSIONER COMMENTS (Page 36)

 

ADJOURNMENT (Page 36)

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:  Amendment No.1 to Agreement (R2007-1758) with MD Now Medical Centers, Inc. to change the project location to 9060 North Military Trail, Palm Beach Gardens, Florida  33410.  SUMMARY:  On October 16, 2007, the Board of County Commissioners approved a Community Development Block Grant (CDBG) Economic Set-Aside Agreement with MD Now Centers, Inc., in the amount of $150,000 for the purchase/installation of specialized equipment and an emergency generator for use at the facilities located at 4560 and 4570 Lantana Road, Lake Worth, Florida 33463.  The activity will create a total of ten (10) full-time equivalent jobs for low and moderate income persons.  The company could not move forward with its project at 4570 Lantana Road due to an owner/developer’s lack of funds to complete construction.  This Amendment will allow for MD Now Medical Centers, Inc. to change the project location to 9060 North Military Trail, Palm Beach Gardens, Florida for its business expansion.  These are federal funds that require no local match.  District 1  (DW)

 

 

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

                                                Joint Meeting w/Legislative Delegation                 April 19, 2007

                                                Regular                                                                       March 11, 2008

                                                Environmental Control Board                                  March 11, 2008

                                                Child Care Facilities Board                                     March 11, 2008

                                                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 receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during April 2008.  Countywide

 

 

5.         Staff recommends motion to approve:  State Revenue Sharing Application for the Fiscal Year 2008 – 2009.  SUMMARY:  Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act.  Countywide  (PFK)

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         DELETED

 

2.         DELETED

 

3.         DELETED

JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

4.         DELETED

 

 

5.         Staff recommends motion to adopt:  eight (8) resolutions declaring the acquisition of properties designated as Parcels 101, 104, 106 and 108 as partial fee simple acquisitions for road right-of-way, Parcel 204 as an embankment easement and Parcels 301, 306 and 308 as temporary construction easements necessary for the widening and construction of improvements on Boca Rio Road, from Palmetto Park Road to Glades Road.  SUMMARY:  This action will adopt eight (8) resolutions to authorize the filing of eminent domain proceedings against eight (8) parcels whose total appraised value is $333,000.  District 5   (PM)

 

 

6.         Staff recommends motion to adopt:  a Resolution transferring a platted Access Control Easement (ACE) on the south line of Tract A to the Florida Department of Transportation (FDOT).  SUMMARY:  This action will adopt a Resolution giving FDOT control of an ACE abutting the Beeline Highway at Steeplechase Drive.  District 1 (PK)

 

 

7.         Staff recommends motion to approve:  an Amendment to the Interlocal Agreement (R2006-1380) with the Village of Royal Palm Beach (Village) for landscaping improvements to Royal Palm Beach Boulevard from Okeechobee Boulevard to 40th Street, which extends the completion deadline for one (1) year, to September 30, 2009.  SUMMARY: The original agreement provided reimbursement funds in an amount not-to-exceed $400,000 for landscaping improvements to Royal Palm Beach Boulevard from Okeechobee Boulevard to 40th Street. The project was to be completed by the Village by September 30, 2008.  This First Amendment extends the completion deadline to September 30, 2009 and does not increase the dollar amount.  District 6  (MRE)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: a Refunding Application for Federal assistance in the amount of $14,331,041 (Head Start $12,611,541 & Early Head Start $1,719,500) to operate the Full Day/Full Year Head Start and Early Head Start Program for the period October 1, 2008, through September 30, 2009.  SUMMARY: The FY 2008/2009/Full Day/Full Year Head Start/Early Head Start Program will provide comprehensive child development services to 1,871 (3-5 years old) and 180 pregnant women, infants/toddlers and economically disadvantaged children in Palm Beach County. Total funding of $23,143,914 (for the Head Start /Early Head Start Program) consists of Federal funds of $14,331,041; Children’s Services Council funds of $454,964 and Palm Beach County required funding of $3,582,760 with overmatch funding of $4,775,149. The County’s portion has been requested in the FY 2009 budget. The refunding application is due to Department of Health & Human Services by June 30, 2008. (Head Start)  Countywide  (TKF)

 

 

2.         Staff recommends motion to approve: Agreement with Florida Power & Light Company (FPL) for the period of July 1, 2008, through June 30, 2013 in an amount up to $300,000 per year, for the Care to Share Program.  SUMMARY:  This FPL Care to Share Program Agreement enables the Division to provide financial assistance to households at risk of their power being disconnected. The Division of Human Services offers case management for participants to assure that payment through the grant is coupled with a plan that includes a comprehensive continuum of emergency, economic stability and self sufficiency services.  A maximum payment of $500 per participant, per grant year is provided.  No match is required. (Human Services)  Countywide  (TKF)


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

3.         Staff recommends motion to approve: FY 2008-2009 Community Services Block Grant (CSBG) Award Agreement with the State of Florida Department of Community Affairs for the period October 1, 2008, through September 30, 2009, in an amount of $1,068,932 for services to low-income households.  SUMMARY:  Community Services Block Grant funding of $890,777 and Palm Beach County Board of County Commissioner’s matching funds of $178,155 will provide total funding of $1,068,932 to provide services to 5,000 low-income households countywide.  Services include: employment counseling and placement, family self-sufficiency, transportation of kidney dialysis patients, utility assistance, rent assistance, back to school vouchers and emergency food.  (Community Action Program)  Countywide (TKF)

 

 

4.         Staff recommends motion to approve:  Contract with the Department of Children and Families (DCF) for a Grant-In-Aid Program, for the period of July 1, 2008, through June 30, 2009, for a total contract amount of $67,068 to prevent homelessness for a minimum of 80 at-risk homeless households.  SUMMARY:  This grant from the DCF enables the Division of Human Services to provide rent/mortgage, utility assistance, food or clothing to households at risk of becoming homeless. The Division provides case management for participants to assure that payment through the grant is coupled with a plan that includes a comprehensive service continuum of emergency services, economic stability and self sufficiency.  A maximum payment of $1,000 per participant per grant year is provided. A twenty five percent (25%) match is required and is met through in-kind contributions. (Human Services)  Countywide  (TKF)

 

 

5.         Staff recommends motion to approve:  Standard Agreement No. IP008-9500 with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period April 1, 2008, through June 30, 2008, in an amount of $10,889, for the Emergency Home Energy Assistance (EHEAP) Program.  SUMMARY:  This Agreement will allow the Division of Senior Services (DOSS), as lead agency, to serve 27 eligible low-income households who meet 150% of the federal poverty guidelines, have at least one (1) person age 60 years or older residing in the home and are experiencing a home energy emergency.  Benefits include emergency assistance to prevent disconnection of utility services.  EHEAP services are funded with $10,889 in State funds provided through the AAA Agreement.  In the area south of Hypoluxo Road, Ruth Rales Jewish Family Service currently provides EHEAP services under a similar agreement from the AAA.  (DOSS)  Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)

 

 

6.         Staff recommends motion to ratify: the Chairperson’s signature on the Competitive Training and Technical Assistance Grant Application to the U.S. Department of Health and Human Services, Administration for Children and Families, for the period of October 1, 2007, through September 30, 2008, in an amount of $62,173.  SUMMARY: The Head Start Act, as reauthorized December 2007, has new requirements for staff qualification. If granted, the funds will be used to assist Palm Beach County Head Start, including its contracted and delegate agencies to meet the new staff qualifications as directed in Section 648 A.(a) of the new Head Start Act. The application was due to the Department of Health and Human Services (HHS) by June 2, 2008, however the grant notice was received from the Regional Office on May 19, 2008, not allowing sufficient time to submit the application through the regular agenda process.  Funding consists of $62,173 in Federal funds and $15,543 in overmatch.  No new County funds are required.  (Head Start)  Countywide  (TKF)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  the First Amendment to Airline-Airport Use and Lease Agreement with US Airways, Inc., providing rental credits in the amount of $48,607.11 for non-stop arrival and departure passenger service to/from Palm Beach International Airport (PBIA) and Las Vegas McCarran International Airport in Las Vegas, Nevada, from February 11, 2007 through August 17, 2007.  SUMMARY:  On July 25, 2007, the County entered into an Airline-Airport Use and Lease Agreement (R2007-1499) with US Airways.  On February 11, 2007, US Airways commenced non-stop passenger service to/from PBIA and Las Vegas McCarran International Airport in Las Vegas, Nevada.  The flight provided an additional non-stop destination from PBIA and provided access to the western United States, which is of beneficial interest to PBIA.  Approval of this Amendment will provide rental credits in the amount of $48,607.11 for landing fees and gate fees accrued during the period.   It is anticipated that US Airways will resume the flight in December 2008.  Although US Airways requested incentive rental credits prior to initiation of the flight, US Airways only recently provided all the documentation generally required by the Department to receive rental credits for a new flight destination.  Countywide  (JB)

 

 

2.         Staff recommends motion to: 

 

A) approve a First Amendment to the Terminal Building Lease Agreement with the General Services Administration (GSA), an Executive Agency of the United States of America, extending the rental commencement date from December 1, 2007, to March 1, 2008 and waiving the public construction bond requirement; and

 

B) authorize staff to write off all lease charges and late fees for the Terminal Building Lease Agreement for the period commencing December 1, 2007 and ending on February 29, 2008 in the amount of $63,776.18.

 

SUMMARY: On June 5, 2007, the Board approved a Terminal Building Lease Agreement (Lease) (R2007-0855) with the GSA to construct office and support areas for the Transportation Security Administration (TSA). The Lease required the GSA to commence payment of rental upon issuance of a certificate of occupancy for the initial improvements or December 1, 2007, whichever occurred first.  The Lease also required the GSA’s contractors to furnish a public construction bond for the benefit of the County.  The GSA has requested that the rental commencement date be extended to March 1, 2008 due to construction and administrative delays. The GSA has also requested that the public construction bond requirement be waived based on the advice of its legal office, which has concluded that the County cannot be named as a dual obligee on the bond provided to the GSA by its contractors.  The Lease will continue to require the GSA to ensure all improvements are constructed to completion and that all of its contractors will be paid.  Countywide (JB)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

3.         Staff recommends motion to approve:  Change Order No. 16 to the Contract with James A. Cummings, Inc. increasing the contract in the amount of $99,942 for the Long Term Parking Garage No. 2 at Palm Beach International Airport (PBIA).  There is no change in time for Change Order No. 16.  SUMMARY:  On May 16, 2006, the BCC approved the Construction Contract (R-2006-0842) with James A. Cummings, Inc. for construction services for the Long Term Parking Garage at PBIA in the amount of $61,666,000. Change Orders 1-15 were approved for a net decrease to the contract in the amount of $24,776,377 which included the deletion of more than $26 million in materials that were directly purchased by the owner for tax savings and no change in the contract time. Approval of Change Order No. 16 in the amount of $99,942 is requested to cover changes to the contract documents that were required after the project was bid due to differences in code interpretations, agency requests or omissions in design.  Change Order No. 16 will cover items described in the summary sheet containing description, summary explanation and cost for each item as submitted in the contract change proposals by James A. Cummings, Inc. The Small Business Enterprise (SBE) participation for this Change Order is 9.15%.  The total SBE contract goal including all change orders is 15.95%.  Countywide  (JCM)

 

 

4.         Staff recommends motion to approve:

 

A) Amendment No. 1 to the Contract with David Brooks Enterprises, Inc. in the amount of $287,439 and an extension of 90 calendar days for the Phase 2 relocation of existing communication center systems to the new Administration Building and Communications Facility Project at Palm Beach International Airport (PBIA); and

 

B) Change Order No. 23 to the Contract with David Brooks Enterprises, Inc. in the amount of $99,670 and an extension of 134 calendar days for the new Administration Building and Communications Facility Project at PBIA. 

          

SUMMARY:  On August 15, 2006, the BCC approved the construction contract (R2006-1408) with David Brooks Enterprises, Inc. for construction services for the Administration Building and Communications Facility Project at PBIA in the amount of $10,997,000.  Change Orders 1-22 were approved for an increase to the contract in the amount of $729,215 and an increase in time of 86 calendar days.  Approval of Amendment No. 1 in the amount of $287,439 will provide funds to accommodate the second phase relocation of the Communications Center from the Terminal to the new facility within this building and an extension of 90 calendar days.  Approval of Change Order No. 23 in the amount of $99,670 will extend the contract time by 134 calendar days and compensate the Contractor for delays beyond the current substantial completion date that were beyond the control of the General Contractor.  Cumulative time extended including all change orders and amendments is 310 calendar days. Request for approval of this Change Order is being brought to the BCC in accordance with revised PPM CW-F-050 effective February 1, 2006 due to the value of the change order combined with the time extension, which exceeds the authority limits of the Contract Review Committee. The Disadvantaged Business Enterprise (DBE) participation for Amendment No. 1 and Change Order No. 23 is 0%.  The total DBE contract goal including all change orders and Amendment No. 1 is 9.01%.  Countywide (JCM)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

5.         Staff recommends motion to approve: Amendment No. 3 to the General Consulting Agreement with The LPA Group, Inc. for consulting/professional services in the amount of $1,347,841 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program.  SUMMARY:  The Consulting Agreement (R2006-2418) with The LPA Group, Inc. for general airport planning and design was approved on November 21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital Improvement Programs for the County’s Airports.  The agreement is for two (2) years with two (2) – one (1) year renewal options.  Amendments No. 1 and No. 2 were approved for a net increase in the amount of $2,208,890.50.  Approval of Amendment No. 3 in the amount of $1,347,841 will provide funds to complete the following tasks and services:  Palm Beach International Airport (PBIA) – Taxiway Lima Extension, as well as staff extension and miscellaneous planning, engineering and construction services, including possible construction management services for several projects currently out for bid such as airfield signage improvements at both PBIA and Palm Beach County Park Airport, airfield improvements at North Palm Beach County General Aviation Airport, and taxilane reconstruction and pavement additions at Palm Beach County Glades Airport.  Certain tasks performed during the term of this Amendment will be eligible for state and federal grant participation.  The proposed fee was verified in accordance with FAA Advisory Circular 150/5100-14C by use of an Independent Fee Analysis conducted by a neutral third party firm (CH2M Hill, Inc.) for those tasks that are eligible for grant funding. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 12.97%.  The total DBE contract goal including all amendments is 19.35%.  Countywide  (JCM)

 

 

                        6.         Staff recommends motion to approve:  Second Amendment to Access Agreement for Remedial Work (R2006-1109), as amended, with Remediation and Liability Management Company, Inc. (REALM), extending the deadline for completion of remedial environmental work on the Palm Beach International Airport (PBIA) to June 20, 2010.  SUMMARY:  REALM is performing remedial environmental work at the former National Car Rental facility located on PBIA pursuant to the Access Agreement for Remedial Work approved by the Board on June 20, 2006.  The term was extended by Extension No. 1 (R2007-1085) and is scheduled to expire on June 20, 2008.  The Second Amendment will extend the term until June 20, 2010, allowing sufficient time for REALM to complete the necessary remedial work.  Countywide (JB)

 

 

7.         Staff recommends motion to receive and file:  a Contract with Drawdy Construction Co., Inc. of $180,934 for Turnage Boulevard Bridge Repair Project at Palm Beach International Airport (PBIA).  SUMMARY:  An inspection of two (2) bridges at PBIA indicated a deficiency which required restricted usage by bus and truck traffic until repairs could be completed.  The Department of Airports expedited the repairs using Section 2-53(f) of the Purchasing Code which authorizes the Construction Departments to “approve alternative source selection for construction related contracts less than $200,000”.  Countywide (JCM)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a Budget Transfer of $52,000 in the Northlake Boulevard Improvement Fund from the Reserve account to Contributions to Other Governmental Agencies account, for payment to the Northern Palm Beach County Improvement District pursuant to Agreement.  Summary:  Estimated impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected.  This Budget Transfer allows for the appropriation of collected impact fees, which then allows the County, to remit funds to the Northern Palm Beach County Improvement District (Northern) in accordance with the Impact Fee Agreement (R93-1613D) between Palm Beach County, Northern, PGA National Venture, Ltd., and Ibis Landing Venture, Ltd.  District 1  (LB)

 

 

2.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $20,000 for the full satisfaction of a Code Enforcement Lien that was entered against Harville Properties, Inc. on November 1, 2000.  Summary:  The Code Enforcement Special Master (CESM) entered an Order on August 2, 2000 giving Harville Properties, Inc. until September 16, 2000 to obtain a special permit from the Zoning Division for the existing mobile home on the property or remove it.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $100 per day was imposed.  The CESM then entered a claim of lien against Harville Properties, Inc. on November 1, 2000.  The cited code violations were fully corrected as of February 8, 2002.  The total accumulated lien amount through March 3, 2005, the date settlement discussions first began, totaled $82,495 of which Mr. Harville has agreed to pay the County $20,000 (24.2%) for full settlement of his company’s outstanding Code Enforcement Lien.  District 6  (PGE)

 

 

3.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $6,000 for the full satisfaction of a Code Enforcement Lien that was entered against Watson and Jeanne C. Pierre-Louis on April 12, 2005.  Summary:  The Code Enforcement Special Master (CESM) entered an Order on January 5, 2005 giving Watson and Jeanne C. Pierre-Louis until January 20, 2005 to remove the unlicensed/inoperable vehicles that were being stored on the property.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Watson and Jeanne C. Pierre-Louis on April 12, 2005.  The cited code violations were fully corrected as of September 28, 2005.  The total accumulated lien amount through March 7, 2008, the date settlement discussions began, totaled $18,060.55, of which Jeanne C. Pierre-Louis has agreed to pay the County $6,000 (33.3%) for full settlement of their outstanding Code Enforcement Lien.  District 7  (PGE)

 

 

4.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $10,000 for the full satisfaction of a Code Enforcement Lien that was entered against Elvin and Luz M. Santiago on April 12, 2005.  Summary:  The Code Enforcement Special Master (CESM) entered an Order on May 5, 2004 giving Elvin and Luz M. Santiago until September 2, 2004 to obtain building permits for enclosing the garage and back porch and adding A/C, electrical wiring and plumbing, a porch, shed, and driveway without proper permits.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Elvin and Luz M. Santiago on April 12, 2005.  The cited code violations were fully corrected as of September 5, 2007.  The total accumulated lien amount through February 13, 2008, the date settlement discussions first began, totaled $75,062.54 of which the Santiago’s have agreed to pay the County $10,000 (13.3%) for full settlement of their outstanding Code Enforcement Lien.  District 3  (PGE)

JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  Amendment No. 1 to Contract with All-Site Construction, Inc. (R2007-0945) to implement the first renewal of Job Order Contract (JOC)-South (bond waiver).  Summary:  Amendment No. 1 is a renewal to the Job Order Contract-South (bond waiver) which was awarded to All-Site Construction, Inc.  The contractor will continue to perform as an “annual general contractor” for implementation of maintenance and capital projects.  This is an indefinite-quantity Contract and this renewal has a maximum value of $1,500,000.  The renewal term is twelve (12) months or until $1,500,000 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original Contract remain in effect.  This is the first of two (2) extensions allowed by the Contract.  SBE goals for the JOC program are 15%.  All-Site’s participation for work orders issued-to-date is 100%.  (FD&O Admin)  Countywide  (JM)

 

 

2.         Staff recommends motion to approve:  Amendment No. 1 to Contract with Holt Contractors, Inc. (R2007-0947) to implement the first renewal of Job Order Contract (JOC)–North.  Summary:  Amendment No. 1 is a renewal to the Job Order Contract-North which was awarded to Holt Contractors, Inc.  The contractor will continue to perform as an “annual general contractor” for implementation of maintenance and capital projects.  This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000.  The renewal term is twelve (12) months or until $2,500,000 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract.  SBE goals for the JOC program are 15%. Holt's participation for work orders issued-to-date is 100%.  (FD&O Admin) Countywide  (JM)

 

 

3.         Staff recommends motion to approve:  Amendment No. 1 to Contract with H.A. Contracting Corp. (R2007-0944) to implement the first renewal of Job Order Contract (JOC)-North with a maximum value of $2,500,000.  Summary: Amendment No. 1 is a renewal to the Job Order Contract-North which was awarded to H.A. Contracting Corp. The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects.  This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000.  The renewal term is twelve (12) months or until $2,500,000 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original Contract remain in effect.  This is the first of two (2) extensions allowed by the Contract.  SBE goals for the JOC program are 15%.  H.A.=s participation for work orders issued-to-date is 20%.  (FD&O Admin)  Countywide  (JM)

 

 

4.         Staff recommends motion to approve:  Amendment No. 1 to Contract with M.A.C. Construction Inc. (R2007-0949) to implement the first renewal of Job Order Contract (JOC)-Central with a maximum value of $2,500,000.  Summary:  Amendment No. 1 is a renewal to the Job Order Contract-Central which was awarded to M.A.C. Construction Inc.  The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects.  This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000.  The renewal term is twelve (12) months or until $2,500,000 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original contract remain in effect.  This is the first of two (2) extensions allowed by the Contract.  SBE goals for the JOC program are 15%.  M.A.C.=s participation for work orders issued-to-date is 25%.  (FD&O Admin)  Countywide  (JM)

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

5.         Staff recommends motion to approve:  an annual Contract with The BG Group, LLC, in an amount not-to-exceed $500,000 for the demolition of selected structures.  Summary:  The Contract is for one (1) year and is an indefinite-quantity Contract with a maximum value of $500,000.  The Contract will terminate when a total of $500,000 in work orders is issued or when the one (1) year time period has expired, whichever occurs first.  The contract provides for up to four (4) – one (1) year time renewals, each for a not-to-exceed amount of $500,000 at the sole option of the County.  The work consists of the demolition of specified structures and the demolition of other items such as swimming pools, septic tanks, fences and similar site elements.  Any work performed will be in accordance with the Contract and the unit-price listing.  The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County.  There is a 15% goal for SBE participation in this Contract.  The BG Group’s bid guarantees a minimum of 15% SBE participation during the life of the Contract.  SBE actual participation will be identified on each work order with cumulative participation tracked quarterly.  (FDO Admin)  Countywide  (JM)

 

 

6.         Staff recommends motion to approve:  Amendment No. 1 to Contract with West Construction, Inc. (R2007-0948) to implement the first renewal of Job Order Contract (JOC)-Central with a maximum value of $2,500,000.  Summary: Amendment No. 1 is a renewal to the Job Order Contract-Central which was awarded to West Construction Inc.  The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects.  This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000.  The renewal term is twelve (12) months or until $2,500,000 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original Contract remain in effect.  This is the first of two (2) extensions allowed by the Contract.  SBE goals for the JOC program are 15%. West=s participation for work orders issued-to-date is 100%.  (FDO Admin)  Countywide  (JM)

 

 

7.         Staff recommends motion to approve:  Consultant Services Authorization (CSA) No. 3 to the Contract with Hanson Professional Services, Inc., in the amount of $6,680 for additional design services for the Government Center Central Energy Plant project.  SUMMARY:  The Thermal Energy Storage component of the central energy plant necessitates the installation of an 85 foot by 60 foot water storage tank.  Additional conceptual tank designs, renderings and site development plans are required to be presented to the City of West Palm Beach Planning Department for review.  The initial Contract for $32,300 with Hanson Professional Services was executed by the Facilities Department Director.  Subsequent CSAs have been presented to the Board as the cumulative total of CSAs has exceeded the delegated authority of $200,000.  (Capital Improvements Division)  District 7  (JM)

 

 

8.         Staff recommends motion to approve:  a Declaration of Easement in favor of Palm Beach County Water Utilities Department to provide water service to South County Regional Park, Parcel A.  Summary:  The County is developing the South County Regional Park - Parcel A property for use as a public park and golf course.  Parcel A consists of 540.02 acres of land located west of University Drive and north of Glades Road in Boca Raton.  As part of the development of this site, the County installed water main pipes throughout the property, starting from the southern boundary and meandering in a northerly direction to make a connection to existing pipes.  The water main easement is approximately 20' x 7,250' and contains approximately 145,000 sq. feet (3.33 acres).  The Declaration will be recorded to provide notice of the existence and location of the water main pipes.  (PREM)  District 5  (HJF)

 

 

JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

9.         Staff recommends motion to approve:  a Utility Easement in favor of BellSouth Telecommunications, Inc., d/b/a AT&T Florida.  Summary:  Palm Beach County=s ISS Department contracted with AT&T Florida to install an underground fiber optic telecommunications cable to service the County=s K-9 facility and Water Utility Administration building on Forest Hill Boulevard.  The cable will provide redundant support of both the telephone lines and high bandwidth data connection for the County=s K-9 and Water Utilities Administration facilities.  This Easement is approximately 10' wide and is approximately 1.1 miles long.  (PREM)  District 6  (HJF)

 

 

10.       Staff recommends motion to receive and file:  Notice of Exercise of the extension option under the Lease Agreement with Bedner Farm, Inc. (R2001-0582) for Bedner Farm’s continued agricultural use of approximately 246 acres located in Boynton Beach and Delray Beach.  Summary:  On April 17, 2001, the Board approved the Lease Agreement with Bedner Farm, Inc. for use of approximately 246 acres located in Boynton Beach and Delray Beach, respectively.  The initial term of the Lease Agreement was for one (1) year ending on May 31, 2002, with nine (9) one (1) year extension options.  On May 15, 2007, the Board approved a First Amendment to Lease (R2007-0827) providing Bedner Farm, Inc. twelve (12) additional one (1) year options to extend the term of the Lease Agreement.  Exercising this seventh option will extend the term of the Lease Agreement through May 31, 2009 with a remaining balance of fourteen (14) annual extension options through May 31, 2023.  The annual rental rate will be increased 9.7%, from $147,752 to $162,084.  Pursuant to the terms of the Lease Agreement, Bedner Farm, Inc. has the right to exercise its option and the Board has no discretionary authority to not allow the exercise of the option.  All other terms and conditions of the Lease Agreement shall remain in full force and effect.  (PREM)  District 5  (HJF)

 

 

11.       Staff recommends motion to approve:  a Utility Easement Agreement with Florida Power & Light Company (FPL) for additional electric service at the Emergency Operations Center and Fire Rescue Headquarters at the County’s Four Points Center in unincorporated West Palm Beach.  Summary:  The Emergency Operations Center (EOC) and Fire Rescue Headquarters (FRH) are located at the Four Points Center, at the southeast corner of Southern Boulevard and Military Trail in West Palm Beach.  The County requested that FPL construct loop service to connect the surface pad-mounted transformers located at the EOC and FRH in order to obtain a secondary power source.  The easement consists of existing overhead power lines and new underground power lines.  The area is approximately 515 feet long, varying in width from 10' to 16' and contains a total of 5,144 square feet (0.118 acres).  The easement is non-exclusive and is being granted to FPL at no charge as it provides additional electric service to County-owned facilities.  (PREM)  District 2  (JMB)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

12.       Staff recommends motion to approve:

 

A) a Utility Easement Agreement in favor of BellSouth Telecommunications, Inc., d/b/a AT&T Florida (AT&T) for communication service;

 

B) a Utility Easement Agreement in favor of Florida Power & Light Company (FPL) for electrical service;

 

C) a Utility Easement Agreement in favor of Palm Beach County, c/o Water Utilities to provide water service; and

 

D) a Declaration of Easement in favor of Palm Beach County Water Utilities Department to provide water service.  All of which are being granted to provide service to the County's Herman W. Brice Fire Rescue Complex in unincorporated West Palm Beach.

 

Summary:  The County is currently in the process of constructing the Herman W. Brice Fire Rescue Complex located on Pike Road between Southern Boulevard and Belvedere Road. An easement for AT&T is necessary for the installation of communication lines to provide communication services to the area.  The easement area is approximately 144' long, varying in width from 6' to 15' and contains a total of 998 square feet (0.02 acres).  An easement for FPL is necessary for the installation of underground power lines to provide power to the facility.  The easement area is 10' x 338.07' and contains 3380.7 sq. feet (0.0776 acres).  In addition, as part of the development of this site, the County installed water main pipes along the eastern portion of the property extending in a northerly direction onto Solid Waste Authority (SWA) property.  A utility easement from SWA is required to provide for the right to maintain the water mains located within the easement area that serves the Fire Rescue Training Facility.  The water main easement located on SWA property is approximately 1,552' long, varying in width from 12' to 41' and contains a total of 24,754 sq. feet (0.57 acres).  The water main easement located on County property is approximately 2,397' long, varying in width from 15' to 45' and contains a total of 43,656 sq. feet (1.0 acres).  The County is signing the Joinder and Consent to the Utility Easement Agreements to FPL and to Palm Beach County, c/o Water Utilities as Lessee.  The AT&T easement is a perpetual non-exclusive easement and AT&T has agreed to pay $3,746 for this easement. The FPL and Palm Beach County, c/o Water Utilities easements are perpetual non-exclusive easements and are being granted at no charge.  The Declaration will be recorded to provide notice of the existence and location of the water main pipes.  (PREM)  District 6  (HJF)

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

1.         DELETED

 

2.         Staff recommends motion to approve: an Agreement with Florida Housing Corporation, Inc., for $20,000 of FY 2007-2008 Emergency Shelter Grants Program (ESGP) funds, for the period October 1, 2007, to September 30, 2008 to provide emergency shelter and supportive services to 100 unduplicated individuals at the Palm Beach Assisted Living Facility operated by the Florida Housing Corporation.  The facility is located at 534 Datura Street, West Palm Beach, FL  33401.  SUMMARY: Palm Beach County has received a total of $306,234 in ESGP funds for FY 2007-2008 to assist the homeless and those at risk of homelessness, countywide.  These funds are used for the operation and maintenance of emergency shelters and transitional housing facilities, essential services to the homeless, and homeless prevention activities.   This Agreement utilizes federal funds and the required match will be met by the agency.  Countywide  (TKF)

JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

3.         Staff recommends motion to approve: an Agreement with the Florida Housing Corporation for $36,400 of FY 2007-2008 Community Development Block Grant (CDBG) funds, for the period October 1, 2007, to September 30, 2008 to provide supportive services to one hundred (100) unduplicated persons as the Palm Beach Assisted Living Facility, operated by the Florida Housing Corporation.  The facility is located at 534 Datura Street, West Palm Beach, Florida  33401.  SUMMARY:  The FY 2007-2008 Action Plan approved by the Board of County Commissioners on July 10, 2007 (R2007-1219) allocated $1,060,285 of CDBG funds for the provision of public services. The Agreement with Florida Housing Corporation will allocate $36,400 for the provision of emergency and supportive services to up to fifty (50) unduplicated homeless individuals monthly for a total of 100 unduplicated homeless individuals per year. These are federal CDBG funds that require no local match.  Countywide (TKF)

 

 

4.         Staff recommends motion to:

 

A) adopt a Resolution authorizing Palm Beach County to join with participating municipalities in the Urban County Qualification Program  for implementation of the Community Development Block Grant (CDBG) Program and the Home Investment Partnership (HOME) Program  for Federal Fiscal Years  2009, 2010, and 2011; and

 

B) approve Interlocal Cooperation Agreements with the participating municipalities, as required by HUD for participation in the Urban County Qualification Program.

 

SUMMARY: The U.S. Department of Housing and Urban Development (HUD) allows municipalities to join with the County to form an Urban County jurisdiction to facilitate access to federal funds under the Community Development Block Grant (CDBG) and the HOME Investment Partnership Program (HOME).  HUD requires that Interlocal Cooperation Agreements for these purposes be executed by the County and the participating municipalities, and that copies of the executed Interlocal Cooperation Agreements and of the authorizations for municipal and county officials to execute those documents be forwarded to HUD as part of the Urban County qualification process.  Approval of these agreements increases the amount of federal funds available to the County for community development purposes. These are federal funds that require no local match.  Countywide  (TKF)

 

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

5.         Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation.  SUMMARY:  The owner-occupied rehabilitation strategy is a component of the HHRP.  It finances repairs to hurricane damaged homes as well as, homes with code violations, deterioration and signs of decline due to deferred maintenance to mitigate damage from future hurricanes.  Homeowners with repairs that cost $5,000 or less receive a grant with no repayment required.  Ms. Catherine Longsworth is a Planner I working for the Commission on Affordable Housing (CAH) since February 2007 and her primary responsibility includes processing applications for the HHRP however; her application was not processed by her.  She applied for hurricane shutters to prevent future hurricane damage to her condominium, at a total cost of $3,000. She is moderate income (80% or less of the area median income) with a family size of one (1).  These are State Housing Initiative Partnership funds which do not require a local match.  Countywide  (TKF)

 

 

6.         Staff recommends motion to:

 

A) adopt a Resolution approving the Fourth Amendment to the SHIP Local Housing Assistance Plan (R2006-0735) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010 providing funding for the State Housing Initiative Partnership (SHIP) program strategies, based on the 2008-2009 funding allocation;

 

B) approve a Budget Amendment of $8,600,451 to the Commission on Affordable Housing’s 2008-2009 budget; and

 

C) approve the following program allocations: 1) Purchase Assistance Program $4,034,129; 2) Homeownership Development $750,000; 3) HOME Program Match $550,000; 4) Foreclosure Prevention $250,000; 5) Utility Connection/Impact Fee $150,000; 6) Special Needs Barrier Free $300,000; 7) Special Needs/Replacement Housing $500,000; 8) Multi-Family Rental Development $750,000; and 9) Program Administration $1,316,322.

 

SUMMARY:  Palm Beach County receives an annual allocation from the State of Florida Housing Finance Corporation through the State Housing Initiative Partnership (SHIP) Program to implement various affordable housing programs and other related activities.  The Commission on Affordable Housing’s Advisory Committee approved the 2008-2009 budget allocation at the April 26, 2007 meeting.  For Fiscal Year 2008-2009 Palm Beach County will receive $8,600,451.  These are State SHIP funds that require no local match.  District 2 (TKF)

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

7.         Staff recommends motion to conceptually approve:  the following affordable housing projects through the Commission on Affordable Housing’s Home Owner Development and Multi-Family Rental Development assistance programs allocating $2,288,225 for the development of the following one hundred and forty (140) affordable housing units:

 

1.         Multi-Family Rental Development Projects:

 

 A)  Adopt-A-Family of the Palm Beaches, Inc. “Adopt–A-Family Town Homes”:  five (5) extremely low-income and four (4) very low-income units - District 3 - $250,000; and

      

B)  McCurdy Center, Ltd. “Quiet Waters”: twenty-four (24) extremely low income and sixty-nine (69) low-income units - District 6 - $600,000

 

2.         Home Owner Development Projects:

 

A) West Palm Beach Housing Authority “MerryPlace”:  twenty-five (25) very low-income units - District 7 - $500,000;

                                                                                                              

B) Neighborhood Renaissance “Northwood Community Land Trust”: five (5) very low-income units - District 7 - $375,000;

 

C) Community Land Trust of Palm Beach County, Inc. “Lantana Homes and Counterpoint Estates”:  two (2) very low-income units - Districts 3 & 6 - $413,225; and

 

D) Delray Beach Community Development Corporation: six (6) very low-income units – District 7 - $150,000

 

SUMMARY: Approval of this agenda item will authorize the allocation of SHIP funding for assisting in the development of these six (6) affordable housing projects.  This allocation of $2,288,225 will facilitate the development of one hundred and forty (140) extremely low, very low and low-income units.  The Commission on Affordable Housing Advisory Committee reviewed these requests and made these funding recommendations on April 24, 2008 and on May 29, 2008.  Staff will present the individual County agreements to the Board of County Commissioners for final approval at a later date.  These are State funds which require no local match.  Districts 2, 3, 6 & 7 (TKF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:  Release of Utility Easement on land owned by GKK – Hagen Ltd.  SUMMARY: This document will release the County’s interest in a utility easement (Easement) recorded in the Official Records of Palm Beach County in Book 11010, Page 1824 and in Book 15854, Page 0488 on land owned by the William A. Mazzoni Revocable Trust and subsequently sold to GKK – Hagen Ltd. (PCN 00-42-43-27-05-049-1050).  The Water Utilities Department has determined that this Easement is no longer needed, and therefore recommends the release.  District 5 (JMB)

 

 

           


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES  (Cont’d)

 

2.         Staff recommends motion to approve: a Potable Water and Wastewater Development Agreement (Agreement) with Villa Regina of West Palm Beach, Inc.  SUMMARY:  Villa Regina of West Palm Beach, Inc. (Villa Regina) owns property located on Haverhill Road, south of Community Drive.  In order to provide potable water and wastewater concurrency reservations for new developments, the Department requires property owners to enter into a formal development agreement with the Department. While the Department Director has been delegated the authority to enter into Standard Development Agreements (SDA’s), Board approval is being sought in this case due to the type of facility being constructed by Property Owner and the fees associated with the classification of the facility.  The Department has determined the service shall be provided based on a revised multi-family residential connection classification of 0.40 ERCs per unit.  This classification does not currently exist in the Department’s Uniform Policies and Procedures Manual (UPAP), but will be added during the next revision to the UPAP.  The special conditions in this Agreement reference this special classification. District 2  (MJ)

 

 

                        3.         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 month of April 2008:

 

                                    Standard Development Agreements

                                    A)  Kidsanctuary, Inc.                        (District 2)                              01-01209-000

                                    B)  2004 Delaware, Inc & GPRA Thoroughbred

Training Center, Inc.              (District 3)                              05-01096-000

                                    Standard Development Renewal Agreement

C)                G L Homes of Boca Raton Associates V, Ltd.                             

                                                                                    (District 5)                              09-01037-R00

                                               

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)

 

 

4.         Staff recommends motion to receive and file: closing documents relating to the purchase and sale of the Indian Trail Improvement District’s utility system.  SUMMARY: On March 11, 2008, the Board approved the purchase of the Indian Trail Improvement District’s (District) utility system and set a closing date for on or before April 30, 2008 (R2008-0462).   The funds to purchase the utility were transferred to the District on April 30, 2008, and the President of the District’s Board has executed the required documents.  District 6 (MJ)

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: Agreement with Community Child Care Center of Delray Beach Foundation, Inc., d/b/a Achievement Centers for Children and Families Foundation for the period June 17, 2008, through January 30, 2009, in an amount not-to-exceed $10,000 for funding of upgrades to playground equipment. SUMMARY:  This funding is to help offset costs for playground equipment upgrades for the Achievement Centers for Children and Families Foundation (“Achievement Centers”) for its Lake Ida campus. Approximately 300 children are served in the Lake Ida campus programs.  This Agreement allows for the reimbursement of eligible expenses incurred subsequent to February 21, 2008.  Funding is from the Recreation Assistance Program (RAP) District 4 Funds.  District 7  (AH)

 

 

2.         Staff recommends motion to approve: Agreement with Victory Enterprises and Ventures, Inc. for the period June 17, 2008, through December 30, 2008, in an amount not-to-exceed $5,000 for funding of summer recreational programs and field trips. SUMMARY:  This funding is to help offset costs for summer camps and field trips sponsored by Victory Enterprises and Ventures, Inc.  Approximately 75 children and youth will be participating in these summer activities.  The Agreement allows for the reimbursement of eligible expenses incurred subsequent to May 1, 2008.  Funding is from the Recreation Assistance Program (RAP) District 7 Funds.  District 7  (AH)

 

 

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 Elementary School in an amount not-to-exceed $5,000 for funding of the After School Program.  SUMMARY:  This fully executed Request for Funding Form is for School Board RAP allocations made in accordance with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as amended. Funding is from the Recreation Assistance Program (RAP) District 6 Funds.  District 6 (AH)

 

 

4.         Staff recommends motion to receive and file:  original executed Request for Funding Form for School Board Recreation Assistance Program (RAP) project for Crestwood Middle School in an amount not-to-exceed $8,000 for funding of After School Programs.  SUMMARY:  This fully executed Request for Funding Form is for School Board RAP allocations made in accordance with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as amended. Funding is from the Recreation Assistance Program (RAP) District 6 Funds.  District 6 (AH)

 

 

5.         Staff recommends motion to approve: First Amendment to Agreement (R2007‑0554) with the City of Boynton Beach for funding of Little League Park field improvements.  SUMMARY:  This Amendment extends the project completion date for the Boynton Beach Little League field improvements project from December 31, 2007, to February 8, 2008, in order to accommodate the dates for reimbursement documents.  All other terms of the Agreement including the funding amount of $35,000 remain the same.  The project has been complete since the original project completion date of December 31, 2007; however, the final payment for work completed was not issued until February 8, 2008.  Funding is from the Recreation Assistance Program District 3 and District 7 Funds.  District 7 (AH)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

6.         Staff recommends motion to adopt: Resolution authorizing the County Administrator or his designee to execute standard entertainment contractor agreements for the provision of dancers, musicians, and specialty performers at County facilities.  SUMMARY:  Palm Beach County Parks and Recreation Department (Parks) regularly hosts special events in which entertainers are needed.  Due to the frequency of hiring entertainers, staff is recommending that the Board of County Commissioners (BCC) approve a resolution which delegates authority to the County Administrator or his designee to execute standard entertainment contractor agreements on behalf of the County.  Countywide  (AH)

 

 

7.         Staff recommends motion to approve:  Agreement with the City of West  Palm Beach for the period June 17, 2008, through September 28, 2008, in an amount not-to-exceed $7,500 for funding of the Kaleidoscope 2008 event.  SUMMARY: This funding is to help offset costs incurred by the City of West Palm Beach for the Kaleidoscope 2008 Event held in downtown West Palm Beach on January 27, 2008.  Approximately 41,000 participated in or attended the event. The Agreement allows for the reimbursement of eligible expenses incurred subsequent to December 1, 2007. Funding is from the Recreation Assistance Program (RAP) District 2 Funds.  District 7 (AH)

 

 

8.         Staff recommends motion to approve:  Agreement with the City of Boynton Beach for the period June 17, 2008, through September 30, 2008, in an amount not-to-exceed $7,000 for funding of the 2008 Boynton Beach Heritage Celebration event. SUMMARY:  This funding is to offset expenses paid by the City of Boynton Beach for the 2008 Boynton Beach Heritage Celebration held during the month of February 2008.  The various activities in the event attracted approximately 6,000 participants. The Agreement allows for the reimbursement of eligible project costs incurred subsequent to December 20, 2007.  Funding is from the Recreation Assistance Program (RAP) District 7 Funds.  District 7  (AH)

 

 

9.         Staff recommends motion to receive and file: original executed Amendment to Request for Funding Form for School Board Recreation Assistance Program project for Lake Worth Community Middle School for the purchase of band and percussion section uniforms (R2007‑0994) to extend the project completion date from June 30, 2008, to December 31, 2008.  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.  District 3 (AH)

 

 

10.        Staff recommends motion to receive and file:  executed Independent Contractor Agreement received during the month of May: Eric Mundt, Diving Instructor, Aqua Crest Pool.  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 Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 02-2103 and 07-0409, and is now being submitted to the Board to receive and file.  District 4 (AH)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

11.       Staff recommends motion to approve:

 

A) Interlocal Agreement with the City of Lake Worth whereby, in exchange for the City creating 20 car/boat trailer parking spaces, the Parks and Recreation Department will provide Department of Environmental Resources funding in an amount not-to-exceed $225,000 for demolition of the old Lake Worth Bridge located within the Snook Island Natural Area Boardwalk Project; and

 

B) Budget Transfer of $225,000 within the $25M GO Parks and Cultural Improvements Bond Fund - 2003 from Boynton Beach Boat Ramp to Snook Island Natural Area.

 

SUMMARY:  This Interlocal Agreement provides for the County’s Park and Recreation Department to contribute the estimated $225,000 for the demolition of the old Lake Worth Bridge to the County’s Department of Environmental Resources Management (ERM) for the Snook Island Natural Area Boardwalk Project in exchange for the City adding 20 boat trailer parking spaces on Golf Course Road. Lease Agreement (R2007-1539) between the County and the City requires ERM to construct the Snook Island Natural Area project once the City provides the necessary funds to demolish the western portion of the old bridge.  Should the City fail to provide ERM with this funding, the County has the option of canceling the project or in the alternative completing the project with County funding for the demolition of the bridge.  Since the City is unable to provide the funds necessary to demolish the bridge, and additional boat trailer parking is a goal of the Parks and Recreation Department that will substantially benefit the boating public, staff recommends approval of this Interlocal Agreement.  District 3 (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to approve:

 

A) Palm Beach County’s electronic submittal and approval of the FY 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) application, previously called the Local Law Enforcement Block Grant (LLEBG), for the period October 1, 2007, to September 30, 2011, totaling $94,140 in federal funds; and

 

B) authorization for the County Administrator or his designee to execute electronically all related documents for  Palm Beach County’s FY 2008 JAG and to execute all necessary forms and documents as required by the U.S. Department of Justice, Office of Justice Programs.

 

SUMMARY: Palm Beach County is eligible to receive a direct award of $94,140 for the following two (2) proposals: 1) the State Attorney’s Office in the amount of $60,000 for the Community-Based Anti-Crime Unit (COMBAT); and 2) the Public Defender’s Office in the amount of $34,140 for the Ex-Offender Re-Entry Program.  The two (2) proposals are included in the FY 2009 budget and there is no requirement for match with the JAG funds.  Countywide (DW)


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to: 

 

A) approve the following contracts with agencies to provide drug treatment and testing services to individuals referred by the Juvenile Delinquency Drug Court, in a cumulative amount not-to-exceed $79,273 for the period April 1, 2008, to September 30, 2008:

 

1) Drug Testing and Counseling Services in the amount of $22,693; and

 

2) The Drug Abuse Treatment Association, Inc. (DATA) in the amount of $56,580

 

B) authorize the County Administrator or his designee to execute amendments to these contracts on behalf of the Board of County Commissioners to adjust the not-to-exceed amounts as long as the cumulative total does not exceed $79,273;

 

C)  approve a Budget Transfer of $79,273 from the Drug Abuse Trust Fund reserves to provide funding for this program; and

 

D) approve a Budget Amendment of $79,273 in the General Fund to establish program budget.

 

SUMMARY: On November 14, 2007, the Criminal Justice Commission (CJC) approved the use of $79,273 in Drug Abuse Trust Fund monies to contract for outpatient substance abuse treatment and testing services for juveniles who are court ordered to treatment through the Delinquency Drug Court Pilot Program located in Palm Beach County.  There is no ad valorem funding.  Countywide (DW)

 

 

Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to receive and file: the letter from CIGNA, which replaces its original letter dated September 14, 2008, confirming the renewal rates for the self-insured health plan for the period January 1, through December 31, 2008, allowing and authorizing payment of all outstanding Health Insurance Portability and Accountability Act (HIPAA) and Pharmacy fees for the current plan year.  SUMMARY:  At its October 16, 2007 meeting, the Board approved the first annual option to renew the Amended and Restated Administrative Service Only Agreement (R2006-2287) dated October 17, 2006, with Connecticut General Life Insurance Company (CIGNA) for claims administration services for the County’s self-funded triple option (HMO, POS, PPO) health insurance plan for the period January 1, 2008, through December 31, 2008, which included a letter from CIGNA summarizing its proposed administrative fees and specific stop loss premiums for plan year 2008.  However, the letter unintentionally omitted two (2) agreed-upon monthly rates.  The rates omitted were the HIPAA fees, in the amount of $.16 cents per employee/per month, and the Pharmacy Fee, in the amount of $2.30 per employee/per month.  Countywide  (TKF)


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

1.         Staff recommends motion to approve:

 

A) the donation of eight (8) 30’ 1997 Gillig Phantom buses and transference of vehicle title to various district organizations;

 

B) Budget Transfer of $9,800 from the Transportation Improvement Fund District 4 Gas Tax Reserve to Palm Tran's Operating Fund for two (2) buses;

 

C) Budget Transfer of $19,600 from the Transportation Improvement Fund District 6 Gas Tax Reserve to Palm Tran's Operating Fund for four (4) buses;

 

D) Budget Transfer of $9,800 from the Transportation Improvement Fund District 7 Gas Tax Reserve to Palm Tran's Operating Fund for two (2) buses;

 

E) Budget Amendment of $39,200 in Palm Tran's Operating Fund;

 

F) Agreement between Palm Beach County and Barton’s Boosters, Inc.;

 

G) Agreement between Palm Beach County and Street Beat, Inc.;

 

H) Agreement between Palm Beach County and Bridge the Gap-Empowerment Center, Inc.;

 

I) Agreement between Palm Beach County and Omnipotent Outreach Ministry, Inc.;

 

J) Agreement between Palm Beach County and the City of Pahokee;

 

K) Request to transfer assets to Fixed Assets MGT Office, Palm Beach County;

 

L) Resolution declaring eight (8) 30’ transit style 1997 Gillig Phantom buses excess County property.

 

SUMMARY:  Palm Tran needs to dispose of eight (8) 30’ 1997 Gillig Phantom buses.  All of these buses have reached their useful life, and in accordance with the Federal Transit Administration (FTA) guidelines, may be disposed of.  If Palm Tran would have offered these buses up for disposal by auction, they could have realized up to $4,900 each in revenue.  The County Commissioners from Districts 4, 6 and 7 have agreed to utilize their respective Gas Tax funds to reimburse Palm Tran for loss of revenue.  The revenue from these funds will be used for Palm Tran’s operation.  Commissioner McCarty will sponsor two (2) buses to Barton’s Boosters, Inc.; Commissioner Greene will sponsor one (1) bus to Bridge the Gap-Empowerment Center, Inc. and one (1) bus to Omnipotent Outreach Ministry, Inc.; Commissioner Santamaria will sponsor two (2) buses to Street Beat, Inc., and two (2) buses to the City of Pahokee.  All recipients are non-profit organizations, or a city within Palm Beach County.  Countywide (DR)

 

 


JUNE 17, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN  (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution approving a Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement No. 2 (JPA) FM No. 23689319401, providing additional funding for the construction of the Intermodal Transit Facility in West Palm Beach; amending the original JPA by increasing the total award to $2,740,000 (a $440,000 increase – State funds) and extending the contract period to March 31, 2010;

 

B) approve a Budget Amendment of $440,000 in the Palm Tran Grants Fund to reconcile the FY 2008 budget to the actual grant award; and

 

C) approve a Budget Amendment of $440,000 in the Public Building Improvement Fund to recognize the transfer from Palm Tran Grants Fund.

 

SUMMARY:  FDOT is providing a supplemental grant of $440,000 (100% state funds, no match required) to fund costs associated with the planning, design, and construction of the intermodal transit facility adjacent to the existing South Florida Regional Transportation Authority station.  Improvements will include bus bays and pedestrian friendly features.  Countywide  (DR)

 

 

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


JUNE 17, 2008

 

 

4.         SPECIAL PRESENTATION - 9:30 A.M.

 

 

            A.        Certificate of Appreciation to Senator Jeff Atwater in appreciation for his leadership in securing funding for the continuation of the restoration of the Lake Worth Lagoon.

 

 

 

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

 


JUNE 17, 2008

 

 

5.         PUBLIC HEARINGS - 9:30 A.M.  (Motion to receive and file: Proof of publication)

 

 

A.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance 2007-006, revoking the ad valorem tax exemption granted to  Florida Turbine Technologies, Inc.; providing for title; providing for enactment authority; providing for revocation of exemption/recovery of funds;  providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date.  SUMMARY:  The Board adopted Ordinance 2007-006 Economic Development Ad Valorem Tax Exemption Ordinance with Florida Turbine Technologies, Inc. on May 15, 2007.  The Ordinance provided a four (4) year exemption for 100% of the assessed value of all qualifying tangible personal property acquired and added improvements to real property, excluding land.  While Florida Turbine Technologies, Inc. has successfully contracted for the design, development and manufacturing of missile aerospace technology, they were unable to create and retain the required number of jobs in 2007.  They received a tax exemption of $23,104.43 for 2007.  Due to their failure to achieve the job creation/retention goals, they have submitted these funds in payment of the applicable tax.  Countywide  (DW)

 

 

B.        Staff recommends motion to:

 

A) approve the filing of the FY 2008 Section 5307 Federal Transit Administration (FTA) Grant Application for capital funds in the amount of $14,532,222;

 

B) authorize the Palm Tran Director or Assistant Director through the County Administrator to execute, on behalf of the Board, and to transmit electronically the Board’s approval of the 5307 grant award.

 

C) approve Budget Amendment in the Palm Tran Grants Fund contingent upon actual grant award.  

 

SUMMARY:  The FY 2008 allocation of federal funds for the Miami Urbanized Area which includes Palm Beach County is $99,987,166. The funds are split between Miami Dade, Broward, South Florida Regional Transportation Authority and Palm Beach County. The grant will fund capital items necessary for the continued operations of the Palm Tran system: 1) replace eight (8) buses that will exceeded their useful lives in FY ‘08 and fund the purchase of 11 of the 25 buses due to be replaced in FY ‘09; 2) replace one (1) passenger and one (1) cargo van; 3) replace four (4) relief vehicles; 4) capitalized maintenance; 5) purchase transit security equipment; 6) construct Belle Glade maintenance facility; 7) shop equipment; 8) purchase M.I.S. equipment; 9) miscellaneous support equipment; 10) minor facility renovation projects;  11) lease for CONNECTION facilities; 12) preventive maintenance; 13) employee education and training; and 14) complete transit enhancements to improve fixed route access.

 

The grant requires a 20% local match, Palm Tran has requested approval from the Florida Department of Transportation (FDOT) for the use of toll revenue credits as the required local 20% match of the federal dollars for the capital funds.  Therefore, the projects budget lists the capital projects at 100% cost for the federal share, no County funds are required.  Countywide (DR)

 


JUNE 17, 2008

 

 

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

 

 

C.        Staff recommends motion to:

 

A) approve the filing of the FY 2008 Section 5309 Federal Transit Administration (FTA) Grant Application for capital funds in the amount of $2,135,140;

 

B) authorize the Palm Tran Director or Assistant Director through the County Administrator to execute, on behalf of the Board, and to transmit electronically the Board’s approval of the 5309 grant award; and

 

C) approve Budget Amendment in the Palm Tran Grants Fund contingent upon actual grant award.  

 

SUMMARY: For FY 2008 Congress earmarked $2,135,140 for the following specific projects:  purchase of buses ($585,040); the purchase of a Vehicle Locator and Passenger Counter (AVL-APC) System ($789,340); design and plan facility in Belle Glade ($760,760).  Palm Tran has requested approval from the Florida Department of Transportation (FDOT) for the use of toll revenue credits as the required local 20% match of the federal dollars for the capital funds.  Therefore, the projects budget lists the capital projects at 100% cost for the federal share, no County funds are required.  Countywide (DR)

 

 

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


JUNE 17, 2008

 

 

6.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to receive and file: Presentation of the 2008 Legislative Session final report.  SUMMARY:  A presentation of the final legislative report reviewing Palm Beach County’s 2008 Legislative Agenda priorities and appropriations with the Board of County Commissioners.  Countywide  (DW)

 

 

                                    TIME CERTAIN – 11:30 A.M.

2.         Foundcare Presentation – New Community Health Center

 

 

            B.        COUNTY ATTORNEY

           

1.         Staff recommends motion to adopt: a Resolution approving the issuance of Variable Rate Demand Revenue Bonds in an amount not-to-exceed $42,000,000 (the “Bonds”) by the Palm Beach County Educational Facilities Authority (the “Authority”).  Summary:  The proceeds of the Bonds will be used by the Authority to make a loan to Palm Beach Atlantic University, Inc. (the “University”) to refinance certain existing debt, to acquire certain new property and to provide improvements to the existing post-secondary educational facilities of the University.  Approval by the Board is required by the Internal Revenue Code.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds.  District 2 (PFK)

 

2.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on Tuesday, July 22, 2008, at 9:30 a.m.:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Sections 14-242 through 14-248 of the Palm Beach Code, codifying Palm Beach County Ordinance No. 93-8, as amended by Ordinances No. 94-1, 94-24, 95-22, 01-026, and 03-026, known as the Palm Beach County Affordable Housing Ordinance, providing for policy and purpose; providing for definitions; providing for use of funds, providing for the Commission on Affordable Housing; providing for roles and responsibilities; providing for distribution of monies; providing for maximum administrative expenses; providing for implementation of programs; providing for repeal of laws in conflict; providing for savings clause; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions; and providing for an effective date.  Summary:  Changes to the CAH Ordinance are recommended to meet the requirements of HB 1375 (2007).  Countywide  (TKF)    

 

 

 


JUNE 17, 2008

 

 

6.         REGULAR AGENDA

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a Resolution approving recordation and filing of a Specific Purpose Survey Maintenance Map with the Clerk of the Circuit Court of and for Palm Beach County (County), Florida, certifying that 60th Street North, from the “M” Canal east to Seminole Pratt Whitney Road, was constructed by the County and has been maintained or repaired, continuously and uninterruptedly, by the County for over four (4) years and therefore all right, title, easement appurtenances in and to the road is vested in the County.  SUMMARY: This recordation and filing will establish and confirm title of 60th Street North, to the County in accordance with Section 95.361, Florida Statutes, which provides that upon construction by the County and upon four (4) years of continuous and uninterrupted maintenance or repair of the road by the County and upon filing of a map with the Clerk, all right, title, easement, appurtenances in and to the road becomes vested in the County.  The Road and Bridge Division Director has certified on the cover of the 60th Street Specific Purpose Survey Maintenance Map, that the Map depicts the limits of maintenance by the County.  District 6  (MRE)

 

 

2.                  Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on Tuesday, July 22, 2008 at 9:30 a.m.:  an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five-Year Road Program; providing for title; purpose; adoption of revised Five-Year Road Plan and revised list of projects contained in Exhibit “A”; implementation of the Plan; modification of Plan; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date.  SUMMARY:  This is the Mid Year Adjustment of the County’s Five-Year Road Plan which is required to be considered each year by the Five-Year Road Program Ordinance.  Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5) years and contains certain changes and modifications. This list is submitted for Board consideration on preliminary reading today with the final list to be approved with the Ordinance at public hearing on Tuesday, July 22, 2008.  Countywide (MRE)

 

 

D.        HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve and advertise for Public Hearing on Tuesday, July 22, 2008 at 9:30 a.m.: the Draft Palm Beach County Action Plan (AP) for FY 2008-2009, which includes the Community Development Block Grant (CDBG) Selection Committee’s funding recommendations for the CDBG Program; the Emergency Shelter Grant Program (ESGP) Advisory Board’s funding recommendations for ESG Program; and the HOME Investments Partnership (HOME) Program description.  SUMMARY: In order to receive CDBG, ESGP, and HOME annual entitlement grant allocations, federal regulations require Palm Beach County to prepare a Draft Action Plan (AP) which should be finalized and submitted to the U.S. Department of Housing and Urban Development (HUD), no later than August 15, 2008. Failure to meet the above deadline will automatically result in the loss of CDBG funds for the upcoming fiscal year.  The Draft Palm Beach County Action Plan outlines the recommended expenditures of FY 2008-2009 entitlement grants as follow:  CDBG - $6,799,338; ESG - $304,558; HOME - $2,512,639, and an additional $21,563 under the HOME American Dream Down payment Initiative (ADDI) program. These are federal funds which do not require a local match.  Countywide  (TKF)

 


JUNE 17, 2008

 

 

6.         REGULAR AGENDA

 

 

E.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: a Budget Transfer of $45,025 from the General Fund Contingency for funding for the Fifteenth Judicial Circuit Court’s Civil Traffic Hearing Officer Program for the period of July 1, 2008, through September 30, 2008.  SUMMARY:  On March 11, 2008, as a result of State budget cuts, the Board approved $44,500 to maintain the Civil Traffic Court Hearing Officer Program for the period of March 14, 2008, through June 30, 2008.  Due to the State’s lack of funding for this program, the Court is requesting an additional $45,025 for the period of July 1, 2008, through September 30, 2008. The total annual cost for the program is $199,800. The State Court’s Trial Court Budget Commission has tentatively allocated $77,654 for the program for July 1, 2008, through June 30, 2009.  The amount of $77,121 has been requested in our Fiscal Year 2009 budget to fund the balance of this program through June 30, 2009.  Countywide  (DW)

 

 

F.         FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) authorize Staff to negotiate an exchange of 12 acres of the County’s Haverhill Linear Park property for 10 acres of adjoining property owned by Palm Beach Atlantic University (PBAU);

 

B) suspend work on the affordable housing project on the Linear Park property until completion of the exchange with PBAU;

 

C) approve a Budget Transfer of $100,000 ($30,000 from Planning, $70,000 from Facilities) from the General Fund to the Public Building Improvement Fund; and

 

D) approve a Budget Amendment of $100,000 in the Public Building Improvement Fund to recognize the transfer.

 

Summary: The County accepted a donation of a 24 acre parcel of property commonly known as Haverhill Linear Park from the Town of Haverhill in 2007.  It is a 210’ wide strip extending from Belvedere Road to Southern Boulevard and is bisected by a Lake Worth Drainage District canal.  PBAU owns approximately 58 acres adjacent to the southwest side of the County’s property.  Staff is recommending an exchange of 12 acres of the County’s property lying south of a canal bisecting the Linear Park property for 10 acres of PBAU’s property lying north of the canal.  This exchange will provide both parties with a better, more developable configuration and will avoid the cost of constructing one or more bridges across the canal.  PBAU has conceptually approved the exchange, but an exchange agreement still must be negotiated and approved by the County and PBAU.  Staff is recommending that further work on a plan for development of workforce housing on the Linear Park property be suspended until approval of the exchange agreement with PBAU, because until the exchange is completed, further planning on the County’s existing property would be of little benefit. This will not impact the timing of the completion of the donation to the Boys & Girls Clubs conceptually approved by the BCC on May 6, 2008.  The Budget Transfers and Amendments establish the funding required for the preparation (planning and engineering work) and processing of the site plan approvals necessary for the development of the workforce housing project.  (PREM)  District 6  (HJF)

 

 

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


JUNE 17, 2008

 

 

7.         BOARD APPOINTMENTS

 

 

            A.        COMMUNITY SERVICES

                        (Head Start/Early Head Start Policy Council))

 

1.         Staff recommends motion to approve: appointment of the following Community Representatives to the Head Start/Early Head Start (HS/EHS) Policy Council for a term of three (3) years, effective June 17, 2008:               

 

Seat No.        Name                         Term                                      Nominated By

     8                 Nadine Burke            06/17/08 to 06/16/11            Comm. Aaronson

Comm. Koons

Comm. Santamaria

 

    9                  Gwenette Royal         06/17/08 to 06/16/11            Comm. Aaronson

Comm. Koons

Comm. Santamaria

 

SUMMARY: The HS/EHS Performance Standards require that community representation be included in the makeup of the HS/EHS Policy Council. The term of appointment for Policy Council members is three (3) years. The Council is comprised of 33 members, of which nine (9) must be representatives of the community. The nominees above meet all applicable guidelines and requirements as outlined in the Performance Standards and Resolution No. R2006-1878.  The HS/EHS Policy Council has recommended these individuals for appointment. Written notice was sent to each Commissioner to request nominations in accordance with PPM CW-O-023.  (Head Start)  Countywide  (TKF)

 

 

B.        PUBLIC SAFETY

                        (Emergency Medical Services Advisory Council)

 

1.         Staff recommends motion to approve: appointment of two (2) At-Large members to the Emergency Medical Services Advisory Council for the term of June 17, 2008, through June 16, 2010. Seat No. 2 has three (3) persons seeking nomination:

 

Nominee                      Representing/Seat No.             Nominated by:            

David M. Soria. M.D.  Hospital Administration/No. 7       Comm. Santamaria                                                                                 Comm. Greene

                                                                                                Comm. Koons                      

           

Patricia Gooch           ER Nurses Forum/No. 2                  Comm. Greene

                                                                                                Comm. Koons

                                        OR

David A. Summers      ER Nurses Forum/No. 2                Comm. Greene

                                       OR              

Joann Franklin              ER Nurses Forum/No. 2                Comm. Santamaria                                                                                 Comm. Greene        

 

SUMMARY:  A memo was sent to all Board members on April 24, 2008, seeking nomination approvals for Seat No. 7 and Seat No. 2. No other appointments were received from the Board.  The above two (2) at large seats are currently open due to resignations. The above nominees are seeking appointment and desire to serve a two (2) year term which will begin June 17, 2008, through June 16, 2010. The EMS Council consists of 17 members who include ten (10) members that represent the various components of the EMS system with specific requirements and seven (7) members that are Commission District Consumer appointments.  All nominees reside in Palm Beach County. Countywide (DW)

           

 


JUNE 17, 2008

 

 

7.         BOARD APPOINTMENTS

 

 

C.        ADMINISTRATION

            (Small Business Assistance Advisory Committee)

 

1.         Staff recommends motion to approve: reappointment/appointment of four (4) individuals to the Small Business Assistance Advisory Committee, for a term of one (1) to three (3) years:

 

Reappoint

Nominee                 Seat    Designation                             Term                        Nominated By

Laura Corry              7        Hispanic Chamber of   3 years

                                                Commerce                             02/25/08-02/24/2011

              

John Elliott              10         Minority Contractor                 3 years

                                                                                                02/25/08-02/24/2011

 

Appoint

Nominee                  Seat   Designation                           Term                          Nominated By

Laurence                    13        Business Loan Fund             2 years

Davenport                                                                              6/17/08 –07/13/2010

 

Ron Snyder                  4        Certified White Male 1 year

                                                                                                6/17/08 – 06/20/2009

 

SUMMARY:  The SBA Advisory Committee was established by Ordinance 2002-064 and modified by Ordinance 2008-014. The committee consists of fourteen (14) members representing one (1) black business owner certified as a small business by the County; one (1) Hispanic business owner certified as a small business by the County; one (1) woman business owner certified as a small business by the County; one (1) white male business owner certified as a small business by the County; one (1) business owner domiciled in Palm Beach County; one (1) representative of the Palm Beach County Resource Center; one (1) representative of the Hispanic Chamber of Commerce; one (1) representative of the National Organization of Women in Construction; one (1) representative of a Women’s Business Organization; one (1) certified minority contractor; one (1) representative of the Associated General Contractors; one (1) representative of the Small Business Development Center; one (1) representative of the Business Loan Fund of the Palm Beaches; and, one (1) representative of a Black Chamber of commerce. Seat Numbers 7 and 10 are available because the terms have expired. Representatives for seats 7 and 10 have expressed a desire to continue in the same capacity. The representative for Seat Number 13 is a new appointment and will complete the original term of the incumbent who was replaced by another organizational staff person. The representative for Seat Number 4 is a new appointment and will complete the original term of the incumbent due to a resignation.   Countywide  (TKF)

 

 

D.        COMMISSION DISTRICT APPOINTMENTS

 

 

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


JUNE 17, 2008

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 17, 2008

 

 

9.         COMMISSIONER COMMENTS

 

 

A.        District 1 - COMMISSIONER KAREN T. MARCUS

 

 

 

 

 

 

B.        District 2 - COMMISSIONER JEFF KOONS, VICE CHAIR

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER ROBERT J. KANJIAN

 

 

 

 

 

 

 

D.        District 4 - COMMISSIONER MARY MCCARTY

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER BURT AARONSON

 

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

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

 

 

 

 

 

 

10.       ADJOURNMENT

 

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


June 17, 2008 – 9:30 a.m.

Final

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 17, 2008

 

PAGE             ITEM

 

  6                    3B-2                REVISED TITLE: Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners= meetings:

 

                                                Meeting Type                                                           Meeting Date

                                                Joint Meeting w/Legislative Delegation                 April December 19, 2007

(Clerk & Comptroller)

 

  7                    3C-6               DELETED: Staff recommends motion to adopt:  a Resolution transferring a platted Access Control Easement (ACE) on the south line of Tract A to the Florida Department of Transportation (FDOT).  SUMMARY:  This action will adopt a Resolution giving FDOT control of an ACE abutting the Beeline Highway at Steeplechase Drive.  District 1 (PK) (Engineering) (Further staff review)

 

  8                    3E-3                DELETED: Staff recommends motion to approve: FY 2008-2009 Community Services Block Grant (CSBG) Award Agreement with the State of Florida Department of Community Affairs for the period October 1, 2008, through September 30, 2009, in an amount of $1,068,932 for services to low-income households. (Community Services) (Further staff review)

 

17                    3I-4                  REVISED TITLE:  A)B) approve Interlocal Cooperation Agreements with the following twenty-eight (28) participating municipalities, as required by HUD for participation in the FY 2009-2011 Urban County Qualification Program.: Atlantis, Belle Glade, Briny Breezes, Cloud Lake, Glen Ridge, Greenacres, Gulf Stream, Haverhill, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lake Worth, Lantana, Manalapan, Mangonia Park, North Palm Beach, Pahokee, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South Bay, South Palm Beach, Tequesta, Village of Golf, and Wellington.  (HCD)

 

18                    3I-5                  MOVED TO REGULAR 6D-2:  Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation. (HCD)

 

18                    3I-6                  REVISED TITLE: Staff recommends motion to:

 

A)….B)…; and C) approve the following program allocations: 1) Purchase Assistance Program $4,034,129 $4,200,018; 2) Homeownership Development $750,000; 3) HOME Program Match $550,000; 4) Foreclosure Prevention $250,000; 5) Utility Connection/Impact Fee $150,000; 6) Special Needs Barrier Free $300,000; 7) Special Needs/Replacement Housing $500,000; 8) Multi-Family Rental Development $750,000; and 9) Program Administration $1,316,322 $1,150,433. (HCD)

 

28                    5B                   REVISED TITLE:  Staff recommends motion to:

 

A)…; B)…; and C) approve Budget Amendment of $2,782,222 in the Palm Tran Grants Fund contingent upon actual grant award.   (Palm Tran)

 


29                    5C                   REVISED TITLE:   Staff recommends motion to:

 

A)….B)….; and C) approve Budget Amendment of $843,780 in the Palm Tran Grants Fund contingent upon actual grant award.  (Palm Tran)

 

30                    6A-3                ADD-ON:  Staff recommends motion to adopt: a Resolution to the Florida Congressional Delegation regarding the national strategic importance of maintaining spaceflight expertise at the Kennedy Space Center and ensuring that future crew and cargo logistic missions to the International Space Station use domestic capabilities.  SUMMARY: Palm Beach County’s Aviation Cluster Industry is a key component of Palm Beach County’s 21st Century Strategic Economic Plan. The County’s Aviation Cluster Industry includes over 175 businesses employing over 10,851 people. Signature companies include Florida Turbine Technologies, Pratt Whitney Rocketdyne, Sikorsky Aircraft and Belcan. The total annual economic impact of this cluster industry is estimated at over $363 million. In 2006-2007, aviation business recruitment was the leading cluster industry expansion in Palm Beach County. Until the replacement program for the Space Shuttle, the Constellation Program, reaches operational status, the United States currently plans to fill space research and delivery operations by purchasing logistic services from the Russian Federation. This will make the United States largely dependent on the Russian Federation for pricing, scheduling, and security of American research and development. On April 21, 2008, the Board of County Commissioners received a letter from the Chairman of the Brevard County Commission requesting passage of a Resolution regarding the upcoming retirement of the Space Shuttle Program and suspension of the United States Human Spaceflight Program. Approximately 6,400 positions will be eliminated at the Kennedy Space Center after the retirement of the Space Shuttle in 2010. A NASA economic study estimates an economic loss of $879 million a year to Florida’s Economy as a result of this action. Countywide (DW) (Admin/Economic Development)

 

30                    6A-4                DELETED: Staff requests Board direction:  regarding an Amendment to the Development Agreement (R2007-0579) with Ocean Properties, LTD, Convention Center Hotel Development, LLC, Convention Center Residential Development, LLC, Convention Center Garage Development, LLC, and Convention Center Tunnel Development, LLC to construct the Convention Center Hotel, Residential Condominiums, Garage, and Tunnel. (Admin) (To provide more time for review)

 

30                    6B-2                REVISED SUMMARY: Changes to the CAH Ordinance are recommended to meet the requirements of Chapter 2007-198, Laws of Florida, Section 420-9076, Florida Statutes HB 1375 (2007). (County Attorney)

 

31                    6C-3               ADD-ON:  Staff recommends motion to approve: Contract Amendment No. 2, to the Primary Annual Traffic Signal Contract (Contract), with Signal Technology and Installation Corporation (Contractor) dated February 7, 2006 (R2006-0176).  SUMMARY:  The Contract consists of the installation and maintenance of traffic signal systems throughout Palm Beach County.  Contract Amendment No. 2 adds a list (Exhibit 1) of work items to the Contract with no change to the original terms, conditions and Contract amount.  The Small Business Assistance goal for the Project is 15%.  The Small Business Enterprise (SBE) participation committed for the project by the Contractor is 15.8% overall.  As of May 21, 2008, the Contractor has an actual SBE participation of 17.55%.  Countywide (MRE) (Engineering)

 

31                    6D-2               ADD-ON, MOVED FROM CONSENT (3I-5): Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation. (HCD)

 


34                    7C-1               REVISED TITLE:  Staff recommends motion to approve: reappointment/appointment of four (4) individuals to the Small Business Assistance Advisory Committee, for a term of one (1) to three (3) years:

 

Reappoint

Nominee                 Seat    Designation                             Term                        Nominated By

Laura Corry              7        Hispanic Chamber of   3 years                       Comm. Greene

                                                Commerce                             2/25/08-2/24/2011    Comm. Kanjian

                                                                                                                                    Comm. McCarty

                                                                                                                                    Comm. Marcus

 

John Elliott              10         Minority Contractor                 3 years                       Comm. Greene

                                                                                                2/25/08-2/24/2011    Comm. Marcus

 

Appoint

Nominee                  Seat   Designation                           Term                          Nominated By

Laurence                    13        Business Loan Fund             2 years                       Comm. Greene

Davenport                                                                              6/17/08 –7/13/2010  Comm. McCarty

                                                                                                                                    Comm. Marcus

 

Ron Snyder                  4        Certified White Male 1 year                         Comm. Greene

                                                                                                6/17/08 – 6/20/2009 Comm. Marcus

                        (Admin/OSBA)

 

 

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 (*).