ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JULY 22, 2008
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 29)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 30)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 31 - 32)
6. REGULAR
AGENDA (Pages 33 - 38)
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 39)
8. BOARD
APPOINTMENTS (Pages 40 - 41)
9. STAFF
COMMENTS (Pages 42)
10. COMMISSIONER
COMMENTS (Page 43)
11. ADJOURNMENT (Page 43)
* * * * * * * * * * *
JULY 22, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resident
Education to Action Program projects
Page 8
3A-2 Amendment
to World Trade Center Association Palm Beach, Inc. to modify scope of work
3A-3 Resolution
opposition privatization of Alligator Alley
3A-4 Resolution
supporting the preservation and promotion of working waterfronts
3A-5 Amendment No. 2 with cities of Delray Beach,
Palm Beach Gardens and South Bay, authorizing a Regional Workforce Board
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Resolution designating certain land owned by
County as right-of-way, easements needed for improvements on Boca Rio Road
3C-2 Resolution
authorizing exchange of acres needed for Jog Road project (Hood to Donald Ross)
3C-3 County
Deed in favor of Lake Worth Drainage District for property along Hypoluxo Road
Page 10
3C-4 Warranty
Deed for Parcel 2 on Seminole Pratt Whitney Road
3C-5 Change Order No. 13 with J.W. Cheatham, LLC
for Greenview Shores Blvd. (South Shores Blvd. to Wellington Trace)
construction
3C-6 Contract
with Rosso Paving & Drainage for Gun Club Rd & Australian Ave pathway
projects
3C-7 Finalization
of assessment roll for Cooley Court paving improvement project
Page 11
3C-8 Resolutions
authorizing eminent domain proceedings for improvements on Congress Ave
3C-9 Financial Assistance Agreement with Village
of North Palm Beach for Northlake Blvd improvements
3C-10 Eight (8) parcels needed for improvements on Congress Ave (Lantana
to Melaleuca Lane)
3C-11 Deleted
3C-12 Task Agreement with Keshavarz & Associates
for Pinto Drive (Fargo Ave to Lyons Rd) design and construction plans
3C-13 Agreement with Progressive Design &
Engineering for professional services for traffic signal design
Page 12
3C-14 Local Agency Participation Agreement with FDOT to repair signal
interconnect cable damage
3C-15 Change Order No. 8 with J.W. Cheatham for
construction of Persimmon Blvd (110th Ave to Okeechobee Blvd)
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 12
3E-1 Amendment
No. 1 with Caregiver Services for ongoing child health services
3E-2 Amendment
No. 1 with Center for Family Services increasing Traveler’s Aid Program
Page 13
3E-3 Contract
with Adoption by Shepherd Care for Choose Life license plate funds
3E-4 Agreement with Oakwood Center of the Palm
Beaches for permanent housing beds for 17 homeless, disabled individuals
3E-5 Provider Head Start/VPK Enhancement
Agreement with The Union Missionary Baptist Church for services to Head Start
children and families
JULY 22, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 13
3F-1 Agreement
to purchase property located west of Runway 9L at PBIA
Page 14
3F-2 Receive
and file ten (10) agreements for the Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 14
3G-1 Interlocal Agreement for Co-Utilization of
County Surplus Property Thrift Store with Village of Wellington
Page 15
3G-2 Settlement
Offer for Code Enforcement Liens against Freddy & Amalia C. Silvagnoli
3G-3 Resolution
amending Public Improvement Revenue Bonds for $170 Million (criminal justice)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Interlocal
Agreement with City of Greenacres regarding 800 MHz Radio System
3H-2 JOC
Work Order with Robling Architecture Construction for repairs to South Tower at
Main Jail
3H-3 JOC
Work Order with M.A.C. Construction for emergency HVAC backup at Main Jail
Page 17
3H-4 Contract
with Gartek Engineering for MEP and HVAC consulting services
3H-5 Contract
with BRPH Architect-Engineers, Inc. for MEP and HVAC consulting services
3H-6 Amendment
No. 17 with Catalfumo Construction regarding Royal Palm Beach Library
3H-7 Deleted
Page 18
3H-8 Utility
Easement Agreement in favor of FPL service to West Boca Library
3H-9 First
Amendment with Connemara Association for additional antenna on rooftop
3H-10 Amendment No. 4 with Moss & Associates regarding West County
Detention Facility
Page 19
3H-11 CSA No. 2 with Heery International for Jail Expansion Program 2
management services
I. HOUSING & COMMUNITY DEVELOPMENT
Page 19
3I-1 2005 Supplemental Disaster Recovery
Sub-grant Agreement with Florida Department of Community Affairs
Page 20
3I-2 Amendment No. 1 with Housing Partnership
revising work program narrative and amending contract date for construction or
purchasing of eight (8) affordable housing units
3I-3 Amendment No. 1 with Northwest Riviera Beach
Redevelopment Corporation to extend contract by six (6) months for development
of affordable housing
Page 21
3I-4 2005 Supplemental Disaster Recovery
Community Development Block Grant Modification with the Florida Department of
Community Affairs
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 21
3K-1 CSA No. 1 with Mathews Consulting for Water,
Wastewater & Reclaimed Water Rate Re-Design Study
Page 22
3K-2 Third Amendment with Beeline Community
Development District Water & Wastewater Utility Acquisition, Service and
Service Area Agreement
3K-3 Receive
and file (2) standard development agreements and two (2) renewal agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT - None
JULY 22, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 23
3M-1 Agreement
with City of Riviera Beach for 8th Annual Riviera Beach Music
Festival
Page 24
3M-2 Agreement with The Norton Gallery and School
of Art for a museum exhibit and educational programming
3M-3 Third
Amendment with City of Boynton Beach for Recreation Center at Wilson Park
3M-4 Agreement with Museum of Lifestyle and
Fashion History for Children and Parents’ Day Winter Wonderland 2008 and
narrated bus tours of historic Delray Beach
Page 25
3M-5 Agreement
with City of Riviera Beach for Winter Wonderland Toy Give-A-Way event
3M-6 Agreement
with Town of South Palm Beach for Senior Citizens programs
3M-7 Increase
in change fund for Coconut Cove and Calypso Bay waterparks
3M-8 Receive
and file one (1) independent contractor agreement for June 2008
3M-9 Budget
Transfer to Westgate Recreation Center improvements
Page 26
3M-10 Budget Transfer to Westgate Recreation Center splashpad
3M-11 First extension to Concessionaire Service
Agreements with Vending Americas and Sunshine Beverage and Snack for vending
machines in parks and recreation facilities
3M-12 Budget Transfer to West Jupiter Community Center improvements
3M-13 Second Amendment with The ICEE Company for
provision of frozen carbonated beverage drinks to County waterparks
N. LIBRARY
Page 27
3N-1 PBC
Literacy Coalition Site Application for participation in Literacy*AmeriCorpos
PBC Program
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 27
3Q-1 Submittal of two (2) grant proposals to
Florida Department of Law Enforcement for FY 2008 Byrne Formula Grant Program
(Drug Court and COMBAT)
Page 28
3Q-2 Transfer
of four (4) 2003 Dell computers to PBSO
3Q-3 No-cost
extension for Edward Byrne Memorial JAG Program for Forensic Accountant
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 28
3U-1 Schedule
and Addendum to Recovery Services Agreement with Sungard, Inc.
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 28
3Z-1 Contract
with Island Medical Care for on-site physician services at County health clinic
JULY 22, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 29
3AA-1 Interlocal Agreement with Hendry County for funding and provision of
transportation services
3AA-2 Extension of JPA with FDOT regarding Pilot Deviation Shuttle Service
Program
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 30
4A Certificate of Appreciation to
Representative Susan Bucher
4B Certificate of Appreciation to
Representative Richard Machek
4C Certificate of Appreciation to Senator
Mandy Dawson
4D Presentation of $500,000 towards the Lake
Worth Lagoon Restoration
4E Presentation of $200,000 towards the
Chain of Lakes Restoration
PUBLIC HEARINGS - 9:30 A.M.
Page 31
5A Uniform
Method of collecting non-ad valorem special assessments
5B Palm
Beach County Action Plan for FY 2008 – 2009
5C Commission
on Affordable Housing Ordinance
Page 32
5D Pine
Crest Preparatory School Project Revenue and Refunding Revenue Bonds
5E Resolution
abandoning unimproved road in Palm Beach Farms Company Plat No. 1
REGULAR AGENDA
ADMINISTRATION - None
ENGINEERING & PUBLIC WORKS
Page 33
6B-1 Red
Light Camera Program criteria
6B-2 Use
of Palm Beach County road rights-of-way by FPL
Page 34
6B-3 Municipal
Services Taxing Units Program policy issues
6B-4 Roadside
Vendors Ordinance
PLANNING,
ZONING & BUILDING
Page 35
6C-1 Interlocal Agreement with Treasure Coast
Regional Planning Council for Unified Land Development Code technical
assistance
6C-2 Resolution
for street name change of Fairgrounds Road to Process Drive
FACILITIES
DEVELOPMENT & OPERATIONS
Page 36
6D-1 Resolution conveying County’s interest in a
142 sq. ft. parcel of land to Southern Homes of Palm Beach
TOURIST
DEVELOPMENT COUNCIL
Page 36
6E-1 2008
Strategic Plan
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 37
6F-1 Proposal
Millage Rates for FY 2009 budget
PUBLIC
SAFETY
Page 38
6G-1 Burglar
Alarm Ordinance
JULY 22, 2008
TABLE OF CONTENTS
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD
Page 39
7A-1 Environmental Appeal Board reappointments
BOARD
APPOINTMENTS (Page 40 - 41)
STAFF
COMMENTS (Page 42)
COMMISSIONER
COMMENTS (Page 43)
ADJOURNMENT (Page 43)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) an Agreement with Iglesia Bautista Independiente
Emanuel, Inc. in an amount not-to-exceed $2,200 for expenses related to the
Overjoyed Landscaping Project;
B) an Agreement with NOAH Development Corporation in an
amount not-to-exceed $2,500 for expenses related to the NOAH Senior’s
Development Project;
C) an Agreement with Housing Partnership, Inc. in an amount
not-to-exceed $2,200 for expenses related to the Community Comp Project;
D) an Agreement with
Kimberly Erickson, an individual representing the Canal Point Community
Group, in an amount not-to-exceed $1,700 for expenses related to the Something
To Talk About Project;
E) an Agreement with The Urban League of Palm Beach County,
Inc. in an amount not-to-exceed $2,500 for expenses related to the UL
Neighborhood Gardening & Beautification Project;
F) an Agreement with Demetrius Jacques, an individual
representing the Gramercy Park Coalition, in an amount not-to-exceed $2,500 for
expenses related to the Trash Cans Beautification Project;
G) an Agreement with Housing Partnership, Inc. in an amount
not-to-exceed $2,500 for expenses related to the Community Circle Project;
H) an Agreement with Modern Villas Homeowner’s Association,
Inc. in an amount not-to-exceed $2,000
for expenses related to the Neighborhood Watch and New Community Lights
Project;
I) an Agreement with Paint Your Heart Out Palm Beach
County, Inc. in an amount not-to-exceed $2,500 for expenses related to the
Paint Your Heart Out Project;
J) an Agreement with
Lake Worth West Resident Planning Group, Inc. in an amount not-to-exceed $2,500 for expenses
related to the Lake Worth West Back to School Bash Project;
K) an Agreement with
Ericka Gonder, an individual representing the Parson Heights Community Group,
in an amount not-to-exceed $2,500 for expenses related to the Shared Vision
Project;
L) an Agreement with Rebuilding Together of the Palm
Beaches, Inc. in an amount not-to-exceed
$2,500 for expenses related to the Rebuilding Together Project; and
M) an Agreement with Youth Empowerment Inc. in an amount
not-to-exceed $2,000 for expenses
related to the G.R.O.W. Night Project.
SUMMARY: The
Resident Education to Action Program (REAP) is a six (6) week session which
provides organizational and technical support to residents and neighborhood
organizations that are seeking to improve the quality of life within their
communities. On December 18, 2007, the
Board of County Commissioners (BCC) authorized the allocation of $30,000 by the
Office of Community Revitalization (OCR) for Fiscal Year 2007-2008 for the
implementation of the REAP. The
Agreements being submitted represent the REAP projects selected by the OCR
Manager to receive grant funding. Countywide
(AH)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
2. Staff recommends
motion to approve: an Amendment to World Trade Center Association Palm
Beach, Inc. Agreement R2007-1890 to modify the Scope of Work. Summary:
The modification of the World Trade Center Palm Beach (WTCPB) Scope of Work
includes conducting a survey among the 200 World Trade Center Associations to
obtain information about targeted industry clusters, scheduling three (3)
outbound and two (2) inbound trade missions for FY 2009 with companies
identified through the above survey, researching on and recommending best
practices for local attraction of international finance, and conducting one (1)
outbound trade mission to the Bahamas, targeting the real estate industry. This modification will allow Palm Beach
County to adjust for the trend in international activities and targeted
industry clusters development, and to create the groundwork for the implementation
of new strategies for Fiscal Year 2009. Both the end date of September 30, 2008
and the budget of $99,000 will not be modified. Countywide (DW)
3. Staff recommends
motion to adopt: a Resolution in opposition to the privatization of
Alligator Alley; opposing any State or federal legislation or administrative
action that would have the effect of privatizing Alligator Alley; opposing
foreign investors purchasing any portion of Alligator Alley; opposing any
privatization agreement that pertains to Alligator Alley; supporting the
requirement that any hearings in consideration of privatization of Alligator
Alley be held in Broward and Collier Counties; and supporting the requirement
that a portion of revenues generated from tolls continue to be funneled back
into Broward and Collier Counties for projects within each county. SUMMARY: At the request of Commissioner Karen T.
Marcus, the Board directed staff to draft this Resolution. Countywide
(DW)
4. Staff recommends
motion to adopt: a Resolution supporting the preservation and promotion of
working waterfronts and public access to navigable waters of the State, and
specifically the passage of Amendment 6 on the ballot in the November 2008
election. SUMMARY: At the request of Commissioner Karen T.
Marcus, the Board directed staff to draft this Resolution. Countywide
(DW)
5. Staff recommends
motion to:
A) approve Amendment No. 002 to Interlocal Agreement (R2007-1220)
with the Cities of Delray Beach, Palm Beach Gardens and South Bay, authorizing
the designation of a Regional Workforce Board as a One-Stop Operator and Direct
Provider of certain services within Workforce Development Area (Region 21); and
B) authorize
the County Administrator, or his designee, to execute Amendment No. 002 upon
receipt of signed Amendment No. 002 from the Cities of Delray Beach, Palm Beach
Gardens and South Bay and the adoption by the Workforce Alliance Board of
Directors.
Summary: Workforce
Alliance, Inc. (Alliance) currently operates as the County’s administrative
entity to provide policy guidance for implementing and exercising oversight
with respect to job training activities under the Workforce Innovation Act of
2000 (Florida Statutes, Section 455) and the WIA. Interlocal Agreement (R2007-1220) designates
Alliance as the fiscal agent, grant recipient and administrative entity to
administer such funding sources as may be available to support workforce
development activities for Region 21, Palm Beach County, Florida. Amendment No.
002 incorporates language that was signed by Governor Crist pursuant to Senate
Bill 428, which authorizes the designation of a Regional Workforce Board as a
One-Stop Operator and Direct Provider of certain services by agreement of the
Chief Elected Official and the Governor. Districts 1, 4 & 6 (TKF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular June
3, 2008
3. Staff recommends
motion to approve: Contracts
(regular & hurricane-related) 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 May 2008. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to adopt: a Resolution designating certain land owned by Palm Beach County (County) as Parcel 102 for right-of-way, Parcel 202 for an embankment easement and Parcels 302A, 302B and 302C for temporary construction easements, necessary for the widening and construction of improvements on Boca Rio Road, from Palmetto Park Road to Glades Road (Project). SUMMARY: This action designates certain County-owned land as either right-of-way, an embankment easement and/or temporary construction easements necessary for the Project. District 5 (PK)
2. Staff recommends motion to adopt: a Resolution authorizing the immediate exchange of 54.17 acres of Donald Ross Road right-of-way that is no longer required, for 5.1782 acres of environmentally sensitive land within the Loxahatchee Slough Natural Area. This land is needed for the Jog Road, from Hood Road to Donald Ross Road project (Project). SUMMARY: This action authorizes the exchange of right-of-way for Donald Ross Road west of Jog Road for land classified as conservation land that is required for the Project. District 1 (PK)
3. Staff recommends motion to approve: a County Deed in favor of Lake Worth Drainage District (LWDD) for property along the south side of Hypoluxo Road, from Jog Road for about a mile east of Jog Road, identified as Parcels 103A and 103B, transfer of which is contingent upon Palm Beach County's (County) receipt of property from LWDD along Forest Hill Boulevard, identified as Parcel 100. SUMMARY: This action will approve a County Deed transferring property to LWDD. This transaction is contingent upon the County's receipt of a Deed from LWDD for property along Forest Hill Boulevard west of State Road 7, which is in process at LWDD. District 3 (PK)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to:
A) accept a Warranty Deed for Parcel 2 on Seminole Pratt Whitney Road; and
B) approve payment of a counter-offer in the amount of $312,900.
SUMMARY: This action will accept a Warranty Deed for a parcel of land needed for water management purposes and approve a counter-offer in the amount of $312,900 for the purchase of the parcel of land, designated as Parcel 2. This parcel is required for the construction of improvements on Seminole Pratt Whitney Road from Seminole Ridge High School to Orange Boulevard. District 6 (PK)
5. Staff recommends motion to approve: Change Order No. 13 in the amount of $88,906.23, together with a 30-day time extension, to Contract No. R2007-0010 with J.W. Cheatham, LLC for construction of Greenview Shores Boulevard from South Shore Boulevard to Wellington Trace. SUMMARY: Change Order No. 13 is for the removal of a concrete weir from within a concrete control structure and disposal offsite, including associated maintenance of traffic, and asphalt patching for installation and modifications of new and existing drainage systems necessary to provide the required roadway drainage. This Change Order is being brought to the Board of County Commissioners for approval due to the combined approvals of the Lead Department and the Committee exceeding the $200,000 threshold pursuant to PPM-CWF-50. District 6 (MRE)
6. Staff recommends
motion to approve:
A) a Contract with Rosso Paving & Drainage, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $370,291.75 for the construction of the Gun Club Road Pathway and the Australian Avenue Pathway Extension (Project); and
B) a Budget Transfer of $21,861 in the Transportation Improvement
Fund from Reserves-Road Program Sweeps to Gun Club Road Pathway from Jog Road
to Melaleuca Elementary School.
SUMMARY: The Project consists of two (2) portions. The
Gun Club Road portion consists of construction of an asphalt pathway on the
north side of Gun Club Road from Jog Road to east of Melaleuca Elementary
School. The Australian Avenue portion consists of construction of a concrete
pathway on the west side of Australian Avenue across the bridge over Okeechobee
Boulevard. The Small Business Assistance goal for the Project is 15%. The Small Business Enterprise participation
committed for the Project by the Contractor is 64.14% overall. Districts
6 & 7 (MRE)
7. Staff recommends
motion to approve:
A) finalization of the assessment roll for the Cooley Court Paving Improvement Project (Project) and hereby authorize the Tax Collector’s Office to process and collect the assessment payments; and
B) transfer of Cooley Court to a County-owned and maintained roadway.
SUMMARY: Finalization of the assessment roll for the Project from the canal, north to Lake Worth Road, Section 25, Township 44 South, Range 42 east is needed so the assessment payments can be processed and collected by the Tax Collector’s Office. Cooley Court will be transferred from being a County courtesy maintained roadway to being a County maintained roadway. District 3/ MSTU District C (MRE)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends motion to adopt: two (2) Resolutions declaring the acquisition of properties designated as Parcel 103 as a partial fee simple acquisition for road right-of-way and Parcel 303 as a temporary construction easement necessary for the widening and construction of improvements on Congress Avenue, from south of Lantana Road to Lantana Road. SUMMARY: Adoption of these two (2) Resolutions will authorize the filing of eminent domain proceedings against two (2) parcels with total appraised value of $337,300. District 3 (PM)
9. Staff recommends motion to approve: a Financial Assistance Agreement with the Village of North Palm Beach (Village) to provide reimbursement funding not to exceed $36,000. SUMMARY: This Agreement provides funding to reimburse the Village up to $36,000, to the extent that costs are in excess of the initial $500,000 provided by Florida Department of Transportation for the Northlake Boulevard improvements. Funding in the amount of $36,000 established for an expired Financial Assistance Agreement with the Village is available to fund this Agreement. Therefore, there is no additional fiscal impact associated with this Agreement. The Village will be responsible for the perpetual maintenance of these improvements. District 1 (MRE)
10. Staff recommends motion to adopt: eight (8) Resolutions declaring the
acquisition of properties designated as Parcels 306, 307, 308, 309, 312, and
313 as temporary construction easements necessary for the widening and
construction of improvements on Congress Avenue, from Lantana Road to south of
Melaleuca Lane. SUMMARY: This
action will authorize the filing of eminent domain proceedings against eight (8)
parcels with total appraised value of $134,950. District 3 (PM)
11. DELETED
12. Staff recommends motion to approve:
A) a $60,276 Task Agreement to the Annual Civil Engineering Agreement R-2007-0460 with Keshavarz & Associates, Inc. (KAI) for engineering, surveying, permitting and printing services for design and construction plans of an additional 2,700 linear foot section of roadway on Pinto Drive, from Fargo Avenue to Lyons Road also called Frontier Drive; and
B) a Budget Transfer of $62,084 in the Municipal Service Taxing Unit (MSTU) District “C” Fund from Reserves to Rodeo Drive and Pinto Drive.
SUMMARY: The Budget Transfer will provide funds for KAI to perform engineering and surveying services for an additional 2,700 Linear Foot section of roadway on Pinto Drive, from Fargo Avenue to Lyons Road. District 6/MSTU District C (MRE)
13. Staff recommends motion to approve: an Agreement with Progressive Design & Engineering, Inc. to provide the necessary professional services for traffic signal design on a task order basis, for Countywide projects, as required. SUMMARY: This Agreement will provide the necessary professional services for traffic signal design throughout Palm Beach County (County) for all user departments. At the option of the County, this Agreement can be renewed annually for a period of one (1) year, with a maximum of two (2) renewals. Countywide (PK)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
14. Staff recommends motion to approve: a Local Agency Participation Agreement with the Florida Department of Transportation to repair signal interconnect cable damaged from Hurricane Wilma. SUMMARY: This Agreement replaces the agreement the Board of County Commissioners approved August 21, 2007 (R2007-1251) and like the original agreement, provides up to $3,480,900 for the repairs of damaged traffic signal interconnect cable. The cable was damaged during Hurricane Wilma in 2005. Countywide (MRE)
15. Staff recommends
motion to approve: Change Order
No. 8 in the amount of $63,891, together with a 30-day time extension, to
Contract No. R2006-2350 with J.W. Cheatham, LLC for construction of Persimmon
Boulevard South Extension from 110th Avenue to Okeechobee Boulevard.
SUMMARY:
Change Order No. 8 is for installation of new Type A fence along the
east right of way of 110th Avenue North from Station 327+00 to
Station 380+00 and also includes plan revisions from Station 369+00 to Station
382+00 involving earthwork, clearing and drainage work. This Change Order is being brought to the
Board of County Commissioners for approval due to the combined approvals of the
Lead Department and the Committee exceeding the $200,000 threshold pursuant to
PPM-CWF-50. Districts 2 & 6 (MRE)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No. 001 to the Consulting/Professional
Services Contract with Caregivers Services, Inc. (R2007-1688), for the
period of October 1, 2007, through September 30, 2008, to adjust work scope,
clarify payment provisions, and increase funding by $25,000 for a new total of
$55,000. SUMMARY: This
Amendment clarifies the provisions in which payments are disbursed and adjusts
the Scope of Work. A review of the program operations and costs reflected a
need to increase funding. Caregivers
Services, Inc. will now provide ongoing well baby and well child health services
in accordance with the Head Start Act for both Head Start and Early Head Start
programs. Funding consists of $20,000 (80%) in Federal funds and $5,000
(20%) in County funds. (Head Start) Countywide
(TKF)
2. Staff recommends
motion to approve: Amendment No.
1 to the Contract with the Center for Family Services of Palm Beach County
(R2008-1928) for the period October 1, 2007, through September 30, 2008,
increasing the contract by $10,000 for a not-to-exceed amount of $25,000,
increasing the Traveler’s Aid program by $10,000 and a not-to-exceed total
contract of $408,655. SUMMARY: The Department of Community Services through
the Financially Assisted Agencies program has been requested to provide $10,000
in additional funds to the Center for Family Services, specifically in the
Traveler’s Aid program to maintain homeless relocation services. This program is currently funded at $15,000
and will be raised to $25,000. Through
Traveler’s Aid, qualified individuals are provided non-refundable bus tickets
to transport them to temporary or permanent arranged housing, out of Palm Beach
County. This agency is working closely
with the County’s Homeless Outreach Teams (HOT) under the direction of Human
Services to make sure all individuals who qualify will receive this emergency
assistance. Countywide (TKF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends motion to approve: Contract with Adoption by Shepherd Care in the amount of $138,000, for the period July 1, 2008, through September 30, 2009; providing for expenditure of “Choose Life” license plate funds. SUMMARY: Adoption by Shepherd Care meets the intent of Section 320.08058(30), Florida Statutes, which requires counties to distribute annual use fees from the sale of “Choose Life” license plates. Services provided are limited by the statute and involve meeting the physical needs of pregnant women who are committed to placing their children up for adoption. The Contract funding recommended in this item reflects part of the total funds received from the “Choose Life” license plate funds for the 2006 - 2007 fiscal year. Countywide (TKF)
4. Staff recommends
motion to approve: Agreement
with Oakwood Center of the Palm Beaches, Inc. for the period of August 1, 2008,
through July 31, 2009, in an amount of $205,224, for 17 permanent housing beds
for disabled, homeless individuals. SUMMARY:
This Agreement with Oakwood Center of the Palm Beaches, Inc. is a collaborative
with the Division of Human Services funded under a Housing and Urban
Development (HUD) Shelter Plus Care Program Grant. The grant provides rental
assistance for permanent housing beds for 17 homeless, disabled individuals. No
local match is required by the County for this grant. (Human Services) Countywide (TKF)
5. Staff recommends
motion to approve: Provider Head
Start/Voluntary Pre-Kindergarten Enhancement Agreement with The Union
Missionary Baptist Church, Inc. (Day Care Center), for the period of March 1,
2008, through August 19, 2008, in an amount of $20,930 for services to Head
Start children and families. SUMMARY:
The Union Missionary Baptist
Church, Inc. (Day Care Center) will extend hours and provide Head Start
services to approximately 11 children currently not enrolled or receiving only
limited hours and services funded through VPK subsidized child care or parent
fees. This Agreement will enhance school readiness for four (4) year old
children. The County enters into contracted service agreements with child care
agencies to provide comprehensive Head Start services. Funding consists of $20,930
in County funds only. (Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve:
A) an Agreement to purchase the following property at a total cost of
$199,900. Said property is located West of Runway 9L at Palm Beach
International Airport (PBIA); and
Cameron N. Bragg and
Elizabeth Bragg
4967 Lynnwood Drive
West Palm Beach, FL 33415 Parcel W – 240
Sales Price $185,000.00
Replacement Housing $ 14,900.00
B) a short term Residential Lease Agreement with
Cameron N. Bragg and Elizabeth Bragg for a period not to exceed 90 days.
Summary: The above property is being acquired in
accordance with Palm Beach International Airport’s approved Part 150 Noise
Compatibility Study, which recommended the acquisition of property. Countywide (JMB)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to receive and file: ten
(10) original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with
Charles R. Modica, Unit 12, Building 11220 at North County Airport, terminating
R2004-0025 on July 31, 2008 (JB);
B) Consent to Sublease for Florida Airmotive, Inc. with
A.E.C.O.A., Inc. commencing June 1, 2008 (JB);
C) Consent to Sublease for Galaxy Aviation of Palm Beach,
Inc. with BreeMac Capital Corporation, commencing June 1, 2008 (JB);
D) Consent to Sublease for Galaxy Aviation of Palm Beach,
Inc. with Hibou, LTD, commencing January 1, 2008 (JB);
E) Consent to Sublease for Galaxy Aviation of Palm Beach,
Inc. with Hyperion Air, Inc. commencing on May 1, 2008 (JB);
F) Consent to Sublease for Galaxy Aviation of Palm Beach,
Inc. with Joseph A. Bank Manufacturing Company, Inc. commencing March 1, 2008
(JB);
G) Federal Aviation Administration Grant Agreement Number
3-12-0060-002-2008 for “Taxiway Rehabilitation and Apron Improvements” at Palm
Beach County Glades Airport (Pahokee) (AH);
H) Federal Aviation Administration Grant Agreement Number
3-12-0113-013-2008 for “Taxiway and Apron Rehabilitation; Airfield Lighting
Improvements and Segmented Circle” at North Palm Beach County General Aviation
Airport (AH);
I) Federal Aviation Administration Grant Agreement Number
3-12-0086-008-2008 for “Airfield Signage Improvements” at Palm Beach County
Park Airport (Lantana) (AH); and
J) Federal Aviation Administration Grant Agreement Number
3-12-0085-048-2008 for “Airfield Signage Improvements” at Palm Beach
International Airport (AH).
Summary: Delegation
of authority for execution of the standard County agreements above was approved
by the BCC in R93-801, R2004-1367 and R2006-2086. Countywide
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve: the Interlocal Agreement for the Co-Utilization of the Palm Beach County Surplus Property Thrift Store with the Village of Wellington. SUMMARY: The Palm Beach County Thrift Store is a municipal investment recovery cooperative currently involving eleven (11) other area local governments, in addition to the County government. At present, these eleven (11) partner agencies already have similar Interlocal Agreements whereby they utilize the facilities and business systems in operation at the Thrift Store for the disposal of their surplus tangible personal property assets. In return, the County receives a sales commission fee for selling items belonging to these agencies. The Village of Wellington has expressed a desire to join the list of municipalities in the co-utilization of the Thrift Store for disposal of its surplus assets. Approval of the Interlocal Agreement, already executed by the Village, will permit the Village to participate in the same manner as the other agencies. Countywide (PK)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
(Cont’d)
2. Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $15,000 for the full satisfaction of two (2) Code Enforcement Liens that were entered against Freddy and Amalia C. Silvagnoli on February 4, 1999, and May 5, 1999 respectively. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on October 7, 1998 giving the Silvagnolis until October 17, 1998 to cease the operation of the auto repair shop on the property and to remove all of the inoperable/unregistered vehicles and heavy equipment from the property (Part “A”) and until January 5, 1999 to obtain a proper building permit and inspections for an unpermitted shed or remove it from the property (Part “B”). Compliance with the CESM’s Order was not achieved by the ordered compliance dates and fines in the amount of $150 per day were imposed for Part “A” as of October 17, 1998 and $50 per day as of January 5, 1999 for Part “B”. The CESM then entered a claim of lien against the Silvagnolis on December 17, 1998 for Part “A” of the Order and on February 25, 1999 for Part “B” of the Order. The accumulated amount for both liens through March 15, 2007, the date settlement discussions resumed, totaled $248,004, of which Ms. Silvagnoli (n/k/a Hernandez) has agreed to pay the County $15,000 (6%) for full settlement of the two (2) outstanding Code Enforcement Liens. District 2 (PGE)
3. Staff recommends
motion to adopt: a
Resolution amending a Resolution entitled: “A Resolution authorizing the
issuance of Public Improvement Revenue Bonds in the principal amount of not to
exceed $170 Million for the purpose of financing the costs of the acquisition,
renovation, construction and equipping of additional criminal justice and
public improvement facilities and all other costs necessary or incidental
thereto; providing for the terms and payment of such bonds; authorizing the
issuance of bond anticipation notes; providing for the rights, security and
remedies of the holders thereof, making certain covenants and agreements in
connection therewith; authorizing the proper officials of the County to do all
other things deemed necessary or advisable in connection with the issuance of
such bonds; and providing for an effective date,” as amended by Resolution
R2006-0046 to increase the not to exceed principal amount to $180 Million, to
clarify provisions relative to reserve account credit facilities and providing
for an effective date. SUMMARY:
The County is planning to fund the debt service reserve for this bond issue
with cash from bond proceeds. The Bond
Resolution gives the County the option in the future to satisfy the debt
service reserve requirement with a Reserve Account Credit Facility with the
necessary coverage. This Amendment makes the language with respect to the use of
a Reserve Account Credit Facility less restrictive. Countywide (PFK)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: an
Interlocal Agreement with the City of Greenacres (City) allowing direct access
to the County’s 800 MHz Radio System. SUMMARY: This Interlocal Agreement
provides the terms and conditions under which the City can directly access the
County’s 800MHz Radio System. The terms
of this Agreement are standard and have been offered to all municipalities and
local branches of State/Federal agencies where connection through an
established municipal hub is not technically feasible. The Agreement requires
that the City pay a one-time $2,089/unit access or capacity charge as well as
annual fees of $211.42/unit towards the renewal and replacement fund and
$154/unit towards maintenance and operation of the system infrastructure. The
City may permanently transfer the City’s 800 MHZ frequency with a value of
$130,000 to the County to offset a portion of the amount owed by the City for
the one-time access charges under this Agreement. The City is required to pay all costs
associated with subscriber units and to comply with the established operating
procedures for the System. The City will be a member of the Law Enforcement
User Committee which reviews and recommends policies and practices for the
operation of the System. The term of the
Agreement is five (5) years and has two (2) – four (4) year renewals and
effectively terminates the temporary direct connect agreement (R2005-2406). The Agreement may be terminated by either
party, with or without cause, on October 1st of any year, with a
minimum of six (6) months notice. (FDO
Admin) Countywide (JM)
2. Staff recommends
motion to approve: JOC Work
Order No. 08-108 with Robling Architecture Construction, Inc. (R2007-1099) in
the amount of $598,707.70 to provide exterior repairs and painting of the South
Tower at the Main Jail. SUMMARY: The work consists of masonry repairs to the
building skin; pressure cleaning of the tower; caulking, sealing and painting
of the tower, including surface rust removal on window frames and all metal
framing; the replacement of storefront impact windows and frames; and the
replacement of certain detention impact windows and frames. The entire scope of work is a scheduled,
budget renewal/replacement project required to maintain the integrity of the
building envelop and value of asset.
When the participation for this work is added to Robling’s total
participation-to-date, the resulting values are 100%. The SBE goals are 15%. The total construction duration is 180
days. (FDO Admin) Countywide/District 2 (JM)
3. Staff recommends
motion to approve: JOC Work Order No. 08-111 with M.A.C. Construction,
Inc. (R2007-0949) in the amount of $445,063.70 to provide emergency HVAC
back-up for critical areas of the Main Jail. SUMMARY: The work consists of design and installation
of new HVAC equipment which can be isolated for connection and support by the
existing emergency generator determined to be critical to maintaining jail
operations while commercial power is not available. This project is funded from the hurricane
hardening account established in 2007 to project critical areas at the Criminal
Justice complex allowing, in large part, for the FY ’08 cancellation of a
future $20,000,000 EOC Expansion Project.
In addition, in FY ’08, $8,000,000 was swept from the Hurricane
Hardening account to the General Fund. The SBE participation in this Work Order
is 8.27%. When the participation for this Work Order is added to M.A.C.=s
total participation-to-date, the resulting values are 16.5%. The SBE goals are
15%. The total construction duration is
180 days. This work will comply with all applicable local, state, and federal
codes and regulations. (FD&O Admin) Countywide/District 2 (JM)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
4. Staff recommends
motion to approve: Contract with Gartek Engineering Corporation for
professional mechanical, electrical, plumbing engineering (MEP) and heating,
ventilation and air conditioning (HVAC) consulting services on a continuing
contract basis. SUMMARY: The County requires engineering services associated
with evaluating MEP and HVAC systems in existing facilities, performing
feasibility analyses and design of system upgrades, as well as services for new
projects. The term of the Contract is
for one (1) year with two (2) – one (1) year renewal options exercised at the
discretion of the County. The SBE
participation goal for this Contract is 15%.
Gartek Engineering Corporation anticipates achieving 100% SBE
participation. (Capital Improvements
Division) Countywide (JM)
5. Staff recommends
motion to approve: Contract with
BRPH Architect-Engineers, Inc. for professional mechanical, electrical,
plumbing engineering (MEP) and heating, ventilation and air conditioning (HVAC)
consulting services on a continuing contract basis. SUMMARY: The County
requires engineering services associated with evaluating MEP and HVAC systems
in existing facilities, performing feasibility analyses and design of system
upgrades, as well as services for new projects.
The term of the Contract is for one (1) year with two (2) – one (1) year
renewal options exercised at the discretion of the County. The SBE participation goal for this Contract
is 15%. BRPH Architects-Engineers, Inc.
anticipates achieving 20% SBE participation. (Capital Improvements Division) Countywide (JM)
6. Staff recommends
motion to approve:
A) Budget Transfers of $679,746 within the $30.5M GO 2003 Library Improvement
Bond Fund from remaining balances in various projects to the Royal Palm Beach
Branch Library project to fund $679,746 of the total construction cost;
B) Budget Transfers of $1,469,818 within the Library Impact Fee Funds from
Reserves for Improvement Program and remaining balances in various projects to
the Royal Palm Beach Branch Library project to fund $1,469,818 of the total
construction cost; and
C) Amendment No. 17 to the Contract with Catalfumo Construction, Ltd.
(R2003-1543) in the amount of $6,695,652 for construction management services
for the Royal Palm Beach Library establishing a Guaranteed Maximum Price (GMP)
for construction of an 12,000 sq. ft. addition and renovation of the existing
8,000 sq. ft. library.
SUMMARY: Amendment
No. 17 establishes a GMP of $6,695,652 and 392 calendar days to complete the
building construction and site work at the Royal Palm Beach Branch Library. The GMP includes the cost of work, the
construction manager’s fee associated with the work, and a contingency. The SBE goal for this Contract is 15% and
this project participation is 26.5%. (Capital Improvements Division) District
6 (JM)
7. DELETED
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
8. Staff recommends
motion to approve: a Utility Easement Agreement in favor of
Florida Power & Light Company (FPL) for electrical service to the County's
new West Boca Library located in western Boca Raton. SUMMARY: The County is developing the new West Boca
Library on the west side of State Road 7, approximately one half mile north of
Yamato Road in western Boca Raton. FPL
requires a Utility Easement for the installation of power lines and a pad mounted
transformer to provide primary power to the new Library. The easement area is 10' wide by 395’ long,
and contains 3,950 sq. ft. This is a perpetual non-exclusive easement and is
being granted to FPL at no charge, as it will provide electrical services to
County facilities. (PREM) District 5 (JMB)
9. Staff recommends
motion to approve:
A) a First Amendment to Agreement (R99-258D) with the Connemara Association,
Inc. allowing for additional antenna and equipment space on the Connemara
Condominium rooftop and increasing the current annual rent by $4,000; and
B) a Use Agreement between Palm Beach County and the Palm Beach County
Sheriff’s Office (PBSO) establishing PBSO’s financial responsibility for this equipment and additional rent.
SUMMARY: Since 1999, the County has leased a portion of the rooftop on the Connemara Condominium building located at 5420 N. Ocean Drive for the operation of a County communication antenna and equipment shelter supporting the 800MHz system. This First Amendment: i) modifies Exhibit “A” (Communication Equipment), Exhibit “B” (Floor Plans), and Exhibit “C” (Frequency List) to allow for the installation of additional communication equipment at the site on behalf of PBSO; ii) increases the annual rent by $4,000 per year; and iii) updates the Notice Provisions for the County. The annual rent will be increased from $28,079.63 to $32,079.63, with annual CPI increases. All other terms of the Agreement remain unchanged. The Use Agreement between the County and PBSO provides that PBSO will pay the $4,000 increase in rental expense and that the County will cover any additional utility expenses for the new equipment installed by PBSO. (PREM) District 1 (JMB)
10. Staff recommends
motion to approve: Amendment No. 4 to the Contract with Moss &
Associates, LLC (R2007-0031) for construction management services for the out
buildings at the West County Detention Facility for a Guaranteed Maximum Price
(GMP) in the amount of $18,819,142, subject to the issuance of the County’s
Public Improvement Revenue Bonds, Series 2008 on August 18, 2008. SUMMARY: In November 2007 (Resolution No. R2007-1973) and
February 2008 (Resolution No. R2008-0199), the Board approved Amendments which
authorized the demucking and installation of site utilities for the first phase
of the Jail Expansion Program 2 – West County Detention Facility. This work is underway. Amendment No. 4 will provide for the
construction of a new Eagle Academy building, fuel station, impound building
and renovations to the existing Eagle Academy building for its intended inmate
population. This work needs to start prior to the primary detention center
building to allow for relocation of existing programs and demo of buildings in
the footprint of the expanded detention center.
Associated site work is included such as paving, landscaping,
irrigation, site lighting, and utility connections. The SBE goal for this project is 15%. Moss & Associates will be providing 19.2%
SBE participation in this Amendment. The
duration of this work is 352 calendar days. (Capital Improvements Division) Countywide (JM)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
11. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 2 to Contract with Heery International, Inc. (R2006-2219), for program management services for the Jail Expansion Program 2 in the amount of $3,311,688 subject to the issuance of the County’s Public Improvement Revenue Bonds, Series 2008 on August 18, 2008. SUMMARY: CSA No. 2 will provide program management services for the portion of West County Detention Facility phase of the Jail Expansion Program from March 1, 2008, to February 28, 2010. The Program Manager will continue to act as an extension of staff assisting in all aspects of the project including managing the design and construction phases. This CSA will complete the services required for the West County Detention Facility phase. The SBE Goal for this project is 15%. Heery International’s SBE participation for this work is 12.3%. The overall SBE participation is 15.7%. (Capital Improvements Division) Countywide (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
Summary: In early 2007, DCA announced the availability of $100,066,518 in Community Development Block Grant Disaster Recovery Funding that was made available to the State by the U.S. Department of Housing and Urban Development. These DRI funds are to be distributed to counties and municipalities throughout the State to assist in recovery from Hurricane Wilma, which struck on October 25, 2005. Palm Beach County is eligible to receive up to $17,258,279 of this funding. Subsequently, additional funds were made available to DCA to distribute among the counties and municipalities throughout the State to further assist in recovery from Hurricane Wilma. As a result, Palm Beach County is eligible to receive up to an additional $2,310,290 bringing the total allocation of funding to $19,568,569. The funds will be utilized to assist local governments in satisfying disaster recovery needs in the areas of housing and infrastructure repair/improvement, specifically addressing the needs of low- and moderate-income households. On February 29, 2008, the County Administrator executed the Agreement between the County and the State and on April 23, 2008, DCA counter executed the Agreement which provided CDBG grant funding to undertake twenty-three (23) activities associated with Hurricane Wilma. Countywide (TKF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve:
Amendment No. 001 to Agreement (R2007-1819) with Housing Partnership, Inc.
revising the work program narrative and amending the contract’s effective date
to run July 1, 2007, through June 30, 2009.
Summary: On
October 16, 2007, the BCC approved Agreement (R2007-1819) with Housing
Partnership, Inc. in the amount of $365,000 for the development of affordable
housing and operating expenses as a Community Housing Development Organization.
Under the Agreement, the funds were to be used to construct at least eight (8)
affordable housing units. Approval of this amendment will provide
Housing Partnership, Inc. with the option of either constructing or purchasing eight
(8) affordable housing units for eligible first-time homebuyers; establish a
new effective date and extend the agreement by one (1) year; and allow Housing
Partnership, Inc. to use the CHDO set-aside funds as down-payment assistance
for eligible homebuyers. Due to the downturn in the housing market and the
increase of existing housing inventory on the market, it may be more cost
effective and feasible for Housing Partnership, Inc. to purchase existing
single family houses at a cost below what it would cost to construct similar
housing units. The Agreement provides Federal HOME funds whose local
matching requirements are achieved through State Housing Initiative Program
funds. Countywide (TKF)
3. Staff recommends motion to approve: Amendment No. 001 to Agreement (R2007-1332) with Northwest Riviera Beach Redevelopment Corporation provide for a six (6) month extension to the contract completion date from July 1, 2007, through February 28, 2009. Summary: On August 21, 2007, the BCC approved Agreement (R2007-1332) with Northwest Riviera Beach Community Redevelopment Corp. in the amount of $420,000 for the development of affordable housing and operating expenses, as a Community Housing Development Organization (CHDO). The Agreement provides Federal HOME funds whose local matching requirements are addressed through State Housing Initiative Program funds. District 7 (TKF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to receive and file: the
federally funded 2005 Supplemental Disaster Recovery Community Development
Block Grant (CDBG) Program Contract Modification (No. 07-DB-3V-10-60-01-Z07)
with the Department of Community Affairs, for the period of July 18, 2006, to
September 30, 2009. SUMMARY: On March 12, 2008, the County Administrator executed the
modification to the Agreement (No. 07-DB-3V-10-60-01-Z07) between the County and the Florida
Department of Community Affairs (DCA). On May 14, 2008, DCA countered executed
the Agreement approving the reallocation of funds. In an effort to utilize the funds in accordance to the terms of the
Agreement and DCA, Palm Beach County has elected to modify Agreement No.
07-DB-3V-10-60-01-Z07 to reflect the following: (1) Activity No.1b: The City of
Belle Glade has requested that $2,000 of their total allocation ($400,000) be
reprogrammed for temporary relocation costs associated with the repair of 20
roofs damaged by Hurricane Wilma; (2)
Activity No.15b: The City of West Palm Beach has requested that $212,850
of their total allocation ($2,990,345) be reprogrammed for temporary relocation
costs associated with the rehabilitation/ reconstruction of sixty four (64)
single family units; (3) Activity No. 8b: The City of Delray Beach has
requested $5,000 of their total allocation ($980,000) be reprogrammed for
Temporary Relocation costs associated with the rehabilitation and mitigation of
twenty four (24) single family units; (4) Activity No. 14: We Help CDC has
requested that $55,000 of their allocation ($668,500) be reprogrammed for
activity delivery cost associated with the salary of a construction manager;
(5) To delete Activity No. 10: Housing Trust Group of Florida, LLC – Westgate
Workforce Housing, which was unable to move forward; (6) to delete Activity No.
12: NOAH Development Corporation, Inc. – the replacement of 22 multi-family
affordable housing units, which was unable to move forward; (7) to add a new
Activity No. 23: Village of Palm Springs – installation of fencing around the
perimeter of two (2) water treatment plants and 13 sewage pump stations located
in the Village of Palm Springs; (8) to add a new Activity No. 22: Delray Beach
Housing Authority and The Auburn Group - infrastructure cost related to the
construction of 264 rental units located in the Villages of Delray workforce
housing community; (9) to add new activities No. 24a & No. 24b: NOAH
Development Corporation, Inc. – hardening of 65 rental units at South Bay
Villas (No.24a); NOAH Development Corporation, Inc. – hardening of 144 rental
units at Covenant Villas (No. 24b). Countywide
(TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: Consultant
Services Authorization No. 1 to the Contract with Mathews Consulting, Inc.
(R2008-0529) for a Water, Wastewater and Reclaimed Water Rate Re-Design Study
in the amount of $180,840. Summary: Consultant Services
Authorization No. 1 with Mathews Consulting, Inc. provides for the completion
of a Water, Wastewater and Reclaimed Water Rate Re-Design Study by the firm’s
sub-consultants, Environmental Financial Group and Howard Osterman. The
current economic downturn coupled with recent water restrictions have resulted
in a severe decrease in revenue for the Water Utilities Department. In April 2008, the Board authorized a Water
Restriction Surcharge be assessed to on-line services for the period of one (1)
year to allow time to develop a plan for restructuring of rates to respond to
the changed conditions. This rate study
is necessary to develop a recommendation for the restructuring of user
rates and charges which will provide
sufficient revenue to adequately fund utility expenses. The contract with Mathews Consulting, Inc.
includes the Small Business Enterprises (SBE) participation goal of 55%, which
exceeds the 15% goal established by Palm Beach County Ordinance (No. 2002-064).
This Consultant Services Authorization includes 9.09% overall participation.
The consultant’s cumulative SBE participation, including this Authorization is
9.09% overall. (WUD Project No. 08-061) Districts
1, 2, 3, 5 & 6 (MJ)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends motion to:
A)
approve the Third Amendment to the Palm Beach
County/Beeline Community Development District Water and Wastewater Utility
Acquisition, Service, and Service Area Agreement (Agreement); and
B)
authorize the Chairperson to execute any and all documents necessary
to carry out the closing of the purchase of the District’s water and wastewater
system.
Summary: The Beeline Community Development District
(District) owns and operates the potable water and wastewater utility that was
constructed by United Technologies Corporation to serve the Pratt & Whitney
site. The District entered into a Water
and Wastewater Utility Acquisition, Service, and Service Area Agreement with
the County on February 15, 2005 (R2005-0366).
A First Amendment was approved by the Board on January 9, 2007
(R2007-0041), and a Second Amendment was approved by the Board on January 15,
2008 (R2008-0071). Under the amended Agreement, the County is to acquire the District’s
exclusive utility service area, utility system assets (exclusive of the
District’s potable water and wastewater plants, which will be decommissioned)
and customer base, and assume the exclusive authority, duty, and obligation to
provide retail and wholesale potable water, wastewater, and reclaimed water
service within the District’s utility service area. At the time of closing (on or before July 31,
2008), the District shall pay the County $3,800,000 for the pro-rata cost to
install off-site pipelines which extend from the County’s Mecca property to the
District. In addition, the District
shall pay the County $1,727,290.50 in standard Connection Fees and Guaranteed
Revenue Fees to serve existing customers pursuant to the Water Utilities
Department’s Uniform Policies and Procedures Manual. The Third Amendment
provides for adjustment of the Bill of Sale and utility easements to properly
designate the utility assets and utility easements being transferred from the
District to the County, clarifies the locations at which the County is to meet
required water quality and pressure requirements, provides for the
construction, funding, and operation of a pumping and chemical treatment
facility to provide an increased level of service to certain utility customers,
acknowledges environmental restrictions imposed by the FDEP on certain
easements, and clarifies responsibility for construction within the restricted
easements. District 1 (MJ)
3. Staff recommends
motion to receive and file: two
(2) Standard Development Agreements and two (2) Standard Development Renewal
Agreements, complete with executed documents received during the months of May
and June 2008:
Standard Development Agreements
A) Lantana
Charter, LLC (District
3) 05-01097-000
B) Jewish
Community Facilities Corp. (District 5) 11-01009-000
Standard
Development Renewal Agreement
C) Palm
Beach Realvestors, Inc. (District 6) 01-01100-R02
D) Toll
FL III Limited Partnership (District 6) 01-01105-R01
Summary: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements (R2003-0539).
After these Agreements are executed by the developer and the Department, they
must be recorded by the County Clerk’s Office. This agenda item recommends the
Board receive and file the agreements so they may be properly recorded. Countywide
(SF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1.
Staff recommends
motion to approve:
A)
Agreement with City of
Riviera Beach for the period July 22, 2008, through December 31, 2008, in an
amount not-to-exceed $50,000 for funding of the 8th Annual Riviera
Beach Music Festival on the Beach;
B) a Budget Transfer of $25,000 in the
Transportation Improvement Fund from Reserve for District 7 to the County
Transportation Trust Fund;
C) a Budget Transfer of $25,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D) a Budget Transfer of $25,000 in the General
Fund decreasing the annual transfer to the County Transportation Trust Fund and
increasing the annual transfer to the Park Improvement Fund; and
E) a Budget Amendment of $25,000 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 7 Recreation Assistance Program.
SUMMARY:
This funding in the
amount of $50,000 is to assist the City of Riviera Beach with costs incurred
for their 8th Annual Music Festival on the Beach, which was held from
April 11 through April 14, 2008. The Agreement allows for the
reimbursement of eligible project costs incurred subsequent to October 1, 2007. The budget transfers and budget amendment
increase the gas tax support and decrease the ad valorem support of the County
Transportation Trust Fund, thereby allowing for the allocation of $25,000 from
available ad valorem support to the District 7 Recreation Assistance
Program. At the November 21, 2006, Board
meeting, the flexibility of up to $200,000 in transfers was approved for this
purpose. With the approval of this project, the remaining balance available in
transfers for District 7 for FY 2008 is $165,000. The additional $25,000 in funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve:
A) Agreement with The Norton Gallery and School of Art, Inc. for the period
July 22, 2008, through October 31, 2008, in an amount not-to-exceed $25,000 for
funding of a museum exhibit and educational programming;
B) a Budget Transfer of $25,000 in the
Transportation Improvement Fund from Reserve for District 7 to the County
Transportation Trust Fund;
C) a Budget Transfer of $25,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D) a Budget Transfer of $25,000 in the General
Fund decreasing the annual transfer to the County Transportation Trust Fund and
increasing the annual transfer to the Park Improvement Fund; and
E) a Budget Amendment of $25,000 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 7 Recreation Assistance Program
(RAP).
SUMMARY:
This funding is to assist
The Norton Gallery and School of Art, Inc. with costs for the “In the Hands of
African American Collectors: The Personal Treasures of Bernard and Shirley
Kinsey” Exhibit (the “Exhibit”) and associated educational programming
currently being offered at the Norton Museum of Art. Approximately 30,000 visitors including many
school groups and youth will view the Exhibit and participate in educational
programs relating to the Exhibit. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to April 1, 2008. The budget
transfers and budget amendment increase the gas tax support and decrease the ad
valorem support of the County Transportation Trust Fund, thereby allowing for
the allocation of $25,000 from available ad valorem support to the District 7
Recreation Assistance Program. At the
November 21, 2006, Board meeting, the flexibility of up to $200,000 in
transfers annually per District was approved for this purpose. With the approval of this project, the
remaining balance available in transfers for District 7 for FY 2008 is $140,000. District 7 (AH)
3. Staff recommends
motion to approve: Third Amendment to Agreement (R2004‑1761,
R2007-1151, R2008-0081) with the City of Boynton Beach for funding of the
Recreation Center at Wilson Park. SUMMARY:
This Third Amendment to Agreement, as amended, extends the completion date
from March 31, 2008, to September 30, 2008, in order to allow additional time
to process the required reimbursement documentation for this completed project.
Funding is from the 2002 $50 Million Recreation and Cultural Facilities Bond
referendum. District 7 (PK)
4. Staff recommends
motion to approve: Agreement
with Museum of Lifestyle and Fashion History, Inc. for the period July 22,
2008, through December 30, 2008, in an amount not-to-exceed $7,000 for funding
of Children and Parents’ Day Winter Wonderland 2008 and narrated bus tours of
historic Delray Beach. SUMMARY: This funding is to help offset costs for
the Children and Parents’ Day Winter Wonderland (the “Event”) and narrated bus
tours of historic Delray Beach offered by the Museum of Lifestyle and Fashion
History, Inc. Approximately 1,850 people
participated in the Event and the bus tours.
The Agreement allows for the reimbursement of eligible pre-Agreement
expenses incurred subsequent to September 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to approve: Agreement
with the City of Riviera Beach for the period July 22, 2008, through September
30, 2008, in an amount not-to-exceed $5,000 for funding of the Winter
Wonderland Toy Give-A-Way event. SUMMARY:
This funding is to help offset costs for the Winter Wonderland event, which
was a special event hosted in December of 2007 by the City of Riviera Beach’s
Civil Drug Court. Over 500 children participated in the event. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to October 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
6. Staff recommends
motion to approve: Agreement
with the Town of South Palm Beach for the period July 22, 2008, through
October 31, 2008, in an amount
not-to-exceed $10,000 for funding of 2007-2008 Senior Citizen Programs. SUMMARY: This funding is to help
offset costs for Senior Citizen Programs offered by the Town of South Palm
Beach. The programs serve approximately
700 senior citizens. The Agreement
allows for the reimbursement of eligible expenses incurred subsequent to
October 1, 2007. Funding is from the
Recreation Assistance Program (RAP) District 4 Funds. District 4 (AH)
7. Staff recommends
motion to approve:
A) an increase in the change fund for the Coconut
Cove Waterpark from $4,100 to $5,000; and
B) an increase in the change fund for the Calypso
Bay Waterpark from $4,150 to $5,000.
SUMMARY: The Coconut Cove Waterpark and the Calypso Bay
Waterpark currently have $4,100 and $4,150 respectively in each of their change
funds. These amounts are not sufficient
to run the waterparks smoothly on a day to day basis. The increase for each change fund will result
in more efficient admission and concession operations by reducing the frequency
of exchanging coins and currency for lower denominations. Districts 5 & 6 (AH)
8. Staff recommends
motion to receive and file: executed Independent Contractor Agreement
received during the month of June: Tracy Rosof-Petersen, Pottery Workshop,
Therapeutic Recreation Center. SUMMARY: In accordance with County PPM
CW-O-051, all delegated contracts/agreements/grants must be submitted by the
initiating Department as a receive and file agenda item. The Independent Contractor 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 3 (AH)
9. Staff recommends
motion to approve: Budget
Transfer of $10,000 in Park Improvement Fund from Reserves to Westgate
Recreation Center improvements. SUMMARY: This Budget Transfer will
provide the funding necessary to complete improvements to the Westgate
Recreation Park in order to meet the after-school licensing requirements, as
well as to provide security for safe money handling in the registration
area. Funding is from the Park Improvement
Fund reserve. District 2 (AH)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
10. Staff recommends
motion to approve: Budget
Transfer of $150,000 in Park Improvement Fund from CCRT Neighborhood Parks
Unallocated to Westgate Recreation Center Splashpad. SUMMARY: This Budget Transfer will provide the
additional funding necessary to construct the Westgate Recreation Center splash
playground project. The splash
playground will be an interactive facility which will be open year round with
no admission charge. The splash
playground will serve residents of Westgate and Belvedere Homes, as well as
children attending the Head Start facility and summer camp on site. Funding
is from the Park Improvement Fund. District
2 (AH)
11. Staff recommends
motion to approve:
A) the first extension to the Concessionaire Service Agreement (R2007-1153)
with Vending Americas, Inc., to
provide vending machine services at Parks and Recreation facilities located in
the north and west regions for the period July 11, 2008, through July 10, 2009;
and
B) the first extension to the Concessionaire
Service Agreement (R2007-1154) with Sunshine Beverage and Snack, LLC to provide
vending machine services at Parks and Recreation facilities located in the
south region for the period July 11, 2008, through July 10, 2009.
SUMMARY: On July 10, 2007, the Board approved Concessionaire Service Agreements
with Vending Americas, Inc. and Sunshine Beverage and Snack, LLC. The original Agreements provided for an initial
one (1) year term, which expired on July 10, 2008, with four (4) one (1) year
renewal options. This Amendment renews
the agreements for the first option period of July 11, 2008, through June 10, 2009, and increases the
machine fee amounts by 4% that the vendors will pay to the County for the
period July 11, 2008, through July 10, 2009.
All other terms of the contract remain the same. Countywide (AH)
12. Staff recommends
motion to approve: Budget Transfer of $105,000 in Park Improvement Fund
from Reserves to West Jupiter Community Center improvements.
SUMMARY: This Budget Transfer will provide the funding
necessary to replace the gymnasium flooring at the West Jupiter Recreation
Center. The manufacturer’s warranty has expired and despite three separate
attempts to repair the damaged areas, the floor continues to deteriorate. Funding is from the Park Improvement Fund
reserve. District 1 (AH)
13. Staff recommends
motion to approve: Second Amendment
to the Contract with The ICEE Company (R2004-1360), as amended (R2007-0901),
for the provision of frozen carbonated beverage drinks and dispensing equipment
to County waterparks for the period June 8, 2008, through June 7, 2009. SUMMARY:
On June 8, 2004, the Board of County Commissioners approved a Contract
with The ICEE Company (R2004-1360) to provide frozen carbonated beverage drinks
and dispensing equipment to County waterparks. The original Agreement provided for an
initial three (3) year term, which expired on June 7, 2007, with two (2) one
(1) year renewal options. This Amendment
renews the Contract for the second and final option period of June 8, 2008, through June 7, 2009, and
increases the per item amount the County will pay to The ICEE Company for
frozen carbonated beverages (FCB) for the period June 8, 2008, through February
29, 2009, by replacing Exhibit A of the original Contract with Exhibit
A-2. All other terms of
the Contract remain the same. Districts 5 & 6 (AH)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve a PBC
Literacy Coalition Site Application for the County Library=s participation in the Literacy*AmeriCorps
PBC Program for the period August 25, 2008, through August 28, 2009; and
B) authorize the
Chairperson to execute the agreement and any other necessary forms and
certifications.
SUMMARY: This site application, if approved, will
provide the County Library with one (1) full-time Literacy*AmeriCorps member
for one (1) year. This member will
contribute 32 hours per week offering conversational English programs and
overseeing the literacy computer learning lab. The Library will pay a service fee of $4,750
to the Coalition and business-related mileage to the member up to $2,250. AmeriCorps, with supplemental funds from the
Coalition, will cover all other expenses including Workers= Compensation, liability, and health care
coverage. Funds will be provided through
the Library=s FY >08 and >09 operating budgets and will have minimal
fiscal impact. Countywide (TKF)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to:
A) approve the submittal of two (2) grant proposals to the
Florida Department of Law Enforcement (FDLE) for the FY 2008 Byrne Formula
Grant Program for the period of October 1, 2008, through September 30, 2009,
totaling $186,774 in federal funds as follows:
1) Palm Beach County Public Safety for Drug Court
treatment services in the amount of $6,774; and
2) State Attorney’s Office, 15th
Judicial Circuit for COMBAT program positions in the amount of $180,000;
B) authorize the CJC Executive Director through the County
Administrator to execute electronically all related documents for the FY 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program and to execute all
necessary forms, documents and the resulting grant agreement as required by the
FDLE for FY 2009.
SUMMARY: The
Criminal Justice Commission met on February 25, 2008 and voted on the
recommendations made by staff for FY 2009 funds totaling $186,774. Match
is not required for the JAG program.
Countywide (DW)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2. Staff recommends motion to approve: the transfer of the following assets to the Palm Beach County Sheriff’s Office (PBSO) – Assets Nos. 10151608, 10151641, 19151647 & 10151669. All four (4) assets are 2003 Dell Optiplex desktop computers. Summary: The Westgate Community Justice Service Center (W/CJSC), located at 4215 Cherry Road, has become an entity of the PBSO, which is now responsible for its staff, building maintenance, and administration. The above assets were transferred originally to the Criminal Justice Commission (CJC) by the State Attorney’s Office in 2006, and subsequently placed at W/CJSC by the Criminal Justice Commission (CJC) for use by clients in job searches. At the time of this placement, the W/CJSC was part of the CJC. The CJC now wishes to transfer these assets to PBSO for re-use, rather than disposing of or reclaiming them. Countywide (DW)
3. Staff recommends
motion to approve: a no-cost extension for the Edward Byrne Memorial
JAG Program grant for Forensic Accountant from September 30, 2008, until
December 31, 2008. SUMMARY: The Criminal Justice Commission received
notification on June 6, 2008 from the Florida Department of Law Enforcement
that the grant period be extended through December 31, 2008. Match
is not required for the JAG program. Countywide (DW)
U. INFORMATION
SYSTEM SERVICES
1.
Staff recommends
motion to approve:
A) Schedule 3001242400 v.2.0 to the Recovery Services Agreement with
Sungard, Inc., (R2003-1256; R2005-0349), extending the term of the Agreement to
December 31, 2008 and modifying the equipment schedule;
B) Addendum to Schedule 3001242400 v.2.0 regarding adjustments to the usage
fees for Mobile Workgroup 1; and
C) Increase of spending authority by $46,218 for a total contract amount of
$938,248.
SUMMARY: The original Recovery Service Agreement with Sungard, Inc. (R2003-1256) had a term of sixty-one (61) months, ending on September 30, 2008. As determined during an update of the ISS Business Recovery Plan, an extension of three (3) months is necessary to continue the services provided by Sungard, Inc. through the end of hurricane season. Additionally, the schedule of IT equipment covered under this Agreement was modified to reflect current needs and capabilities. Countywide (PK)
Z. RISK
MANAGEMENT
1. Staff recommends
motion to approve: a Contract with Island Medical Care, LLC., (Dr. Earl Campazzi, M.D.) to
provide twenty (20) hours per week of on-site physician services for the
County’s occupational health clinic for the term September 1, 2008, through
August 31, 2010 in an amount not-to-exceed $281,666.75. SUMMARY: Dr. Campazzi (Island Medical Care, LLC) has
served as the contracted physician for the County’s occupational health clinic
since August 7, 2006. His current contract (R2006-1327) expires August 31, 2008
and contains no options for renewal. Dr. Campazzi is a local occupational
health physician, and a provider of physician services that are essential to
the continued operation of the occupational health clinic and its efforts to
control costs in the County’s self-insured and self-administered workers’
compensation program. The contract
provides for twenty (20) hours per week of on-site physician services for an
amount not–to-exceed $281,666.75 for the term of September 1, 2008, to August
31, 2010. Countywide (TKF)
JULY 22, 2008
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve:
A) Interlocal
Agreement for the funding and provision of transportation services with Hendry
County, Florida;
B) Budget Transfer of $70,000 from the General
Fund Contingency to the Palm Tran Grants Fund; and
C) Budget Amendment of $136,344 in the Palm
Tran Grants fund to recognize the transfer from the General Fund ($70,000) and
funds from Hendry County ($66,344).
SUMMARY: On December 4, 2007, staff presented to the Board background on the Lake
Region Commuter Route (LRCR/Clewiston Shuttle) and sought direction from the
Board as to the continued funding and operation of the service (Agenda Item 5E1
presented on December 4, 2007). Florida
Department of Transportation (FDOT) had been providing 100% of the funding for
this service through December 2007. FDOT
has agreed to provide $70,000 in funds (Resolution 2008-0679) for a portion of
one (1) additional year of service. The
Board has agreed to provide $70,000 in funding if Hendry County also
contributed funds to continue the service.
The funding agreement with Hendry County has been secured and is
presented to the Board for its consideration and action. District 6 (DR)
2. Staff recommends
motion to approve: an extension of time until August 30, 2010 of the
Joint Participation Agreement (JPA) 420488-1-84-01 (R2006-1501) with the
Florida Department of Transportation (FDOT) that provides funding to establish
a Pilot Deviation Shuttle Service Program. SUMMARY: FDOT provided funding from the Public
Transit Service Development Program to establish a Pilot Deviation Shuttle Service
Program, The Link. This was designed to
offer greater mobility to people living in residential neighborhoods where
fixed route service is not readily accessible.
The test routes are designed to connect with Palm Tran fixed route. The Link has been in service since February
6, 2008; and the current JPA will expire on August 31, 2008. Countywide
(DR)
* * * * * * * * * * * *
JULY 22, 2008
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A.
Certificate
of Appreciation to Representative Susan Bucher in recognition of 8+ years of
service in the Florida House of Representatives and support for Palm Beach
County legislative priorities, including transportation initiatives.
B.
Certificate
of Appreciation to Representative Richard Machek in recognition of 8 years of
service in the Florida House of Representatives and support for Palm Beach
County legislative priorities, including water project and natural resources
funding.
C.
Certificate
of Appreciation to Senator Mandy Dawson in recognition of 6 years of service in
the Florida House of Representatives and 10 years in the Florida Senate, and
her commitment to the health care needs of Floridians.
D. Presentation
from Representative Mary Brandenburg to the Board of County Commissioners of
$500,000 towards the Lake Worth Lagoon Restoration.
E. Presentation
from Representative Mary Brandenburg to the Board of County Commissioners of
$200,000 for the Chain of Lakes Restoration.
* * * * * * * * * * * *
JULY 22, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A.
Staff recommends
motion to:
A) conduct a Public Hearing for approval of the use of the Uniform Method of collecting non-ad valorem special assessments provided for in Chapter 197, Florida Statutes, pursuant to the Notice of Intent adopted by Resolution No. R97-2152; and
B) adopt the non-ad valorem special assessment roll and specify the unit of measurement and amount of the assessment.
Summary: On December 16, 1997, the Board approved Resolution No. R97-2152 expressing the intent of Palm Beach County to use the Uniform Method of collecting non-ad valorem special assessments. The Uniform Method provides for inclusion of water and street improvement project special assessments on the tax bill. This method has been utilized successfully since 1998. A Public Hearing is required to implement this collection method for new special assessment projects to be included on the 2008 tax bill. Countywide (PK)
B. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the Palm Beach County Action Plan (AP) for FY 2008 - 2009; and authorizing the Chairperson to execute Standard Forms 424 and Certifications for submission to the U.S. Department of Housing and Urban Development (HUD) to receive FY 2008-2009 formula grant funding through the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnerships (HOME) Programs. SUMMARY: Federal Regulations 24 CFR Part 91 requires Palm Beach County to submit an Action Plan (AP) to HUD no later than August 15, 2008, in order to receive CDBG, ESG, and HOME annual entitlement grant allocations. Failure to meet the above deadline will automatically result in the loss of CDBG funds for the upcoming fiscal year. The Palm Beach County Action Plan outlines the recommended expenditures of FY 2008-2009 entitlement grants as follows: CDBG - $6,799,338; ESG - $304,558; and HOME - $2,534,202, including American Dream Downpayment Initiative (ADDI) funds of $21,563. The draft FY 2008-2009 Action Plan was approved by the BCC, with direction for certain revisions, on June 17, 2008 (Agenda Item No. 6D-1). A summary of the draft Plan and a Notice of Public Hearing was published on June 1, 2008 to receive public input, to provide public notice of meetings, and to provide a thirty (30) day public comment period. Public comments received as a result of the advertisement and meetings will be summarized and added to the plans, as required by HUD regulations. These are Federal funds which do not require a local match. Countywide (TKF)
C. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Sections 14-242 through
14-248 of the Palm Beach County 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 (CAH); 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:
On June 17, 2008, the Board of County Commissioners
held preliminary reading of this ordinance and authorized advertising for
public hearing. Changes to the CAH
Ordinance are recommended to meet the requirements of Ch. 2007-198, Laws of
Florida, Section 420.9076, Florida Statutes.
Countywide (TKF)
JULY 22, 2008
5. PUBLIC
HEARINGS CONTINUED
D. Staff recommends
motion to:
A) conduct a TEFRA public hearing concerning the issuance of not-to-exceed
$75,000,000 of Revenue and Refunding Revenue Bonds (Pine
Crest Preparatory School, Inc. Project), Series 2008 (the “Bonds”) in order to
fund a loan to Pine Crest Preparatory School, Inc. (the “School”), a Florida
non-profit corporation which is exempt for taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of 1986, as amended; and
B) adopt
a Resolution authorizing the issuance of the Bonds.
SUMMARY:
On July 8, 2008, the Board approved the application of the School for the
issuance of Bonds by the County in an amount not to exceed $75,000,000. Proceeds of the Bonds
will be used to finance the costs of:
(i) the acquisition, construction, reconstruction and equipping of
educational facilities of Pine Crest School at (a) its Boca Raton campus
located at 2700 St. Andrews Boulevard, Boca Raton, Florida 33434, and
(b) its Fort Lauderdale campus located at 1501 N. E. 62nd Street, Fort
Lauderdale, Florida 33334; and (ii) current refunding the $25,500,000 principal
amount of outstanding City of Fort Lauderdale, Florida Revenue Bonds (Pine
Crest Preparatory School Inc. Project) Series 2002 (the “Prior Bonds”), which
Prior Bonds financed the costs of certain educational facilities at the
School’s Boca Raton and Fort Lauderdale campuses. Since part of the educational facilities are
located in the City of Boca Raton, Florida, a municipal corporation located in
the County, and part are located in the City of Fort Lauderdale, Florida, the
County will be authorized pursuant to an interlocal agreement with the City of
Fort Lauderdale, Florida to issue the Bonds for such educational
facilities. The Bonds will be payable
solely from revenues derived from the School and further secured by a letter of
credit from Bank of America, N.A. Neither the taxing power nor the faith and
credit of the County, nor any County funds shall be pledged to pay principal or
redemption premium, if any, or interest on the Bonds. District 4 (PFK)
E. Staff recommends motion to adopt: a Resolution abandoning an unimproved road described as the west fifteen (15) feet of a portion of Tracts 48 and 49, Block 7, Palm Beach Farms Company Plat No. 1, as recorded in Plat Book 2, Pages 26-28, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located approximately 1.5 miles north of Atlantic Avenue, on the east side of State Road 7. The petitioner is requesting the abandonment to utilize the unimproved road. District 5 (PK)
* * * * * * * * * * * *
JULY 22, 2008
6. REGULAR
AGENDA
B. ENGINEERING & PUBLIC WORKS
1. Staff requests
Board direction: regarding the degree of the County’s financial
exposure in obtaining equipment and professional services as part of the
Request for Proposal for choosing a vendor to implement the Red Light Camera
Program. SUMMARY: At one end of the spectrum, the County could
run the entire program in-house, purchase the equipment, buy software, maintain
the hardware and software and staff would do the billing and collection of
fines. At the other end of the spectrum,
the County could contract with an outside vendor to do most or all of the
above. If an outside vendor is desired, additional direction is requested relating
to vendor compensation-monthly fee vs. percentage of collected fines. Countywide (MRE)
2. Staff requests Board
direction: regarding the use of Palm Beach County (County) road
rights-of-way (ROW) by Florida Power and Light Company (FPL) to provide
underground electric utility service (Underground Facilities) to communities on
a case-by-case basis, when the community will be responsible for any future
relocation costs, if and when, relocation is requested by the County.
If the Board supports the above:
Staff recommends motion to approve: a Right-of-Way Agreement for Underground
Extensions with FPL and Frenchman’s Creek, Inc. (Frenchman’s) regarding: 1) the use of County ROW for the purposes
of installing and operating Underground Facilities without the usual obligation
for FPL to pay for any future relocation costs, if and when, the County
requests the relocation of the Underground Facilities; and 2) reimbursement by
Frenchman’s for relocating the Underground Facilities, if and when, requested
by the County.
SUMMARY: Staff is requesting direction regarding this matter because it is a
departure from County policy. Under
current practice, public utilities permitted to locate in County ROW are
responsible to pay for any relocation costs.
In what Staff anticipates is the first of its kind in unincorporated
Palm Beach County, Frenchman’s has
requested and will pay FPL to provide Underground Facilities to serve their
community. This will require locating
the Underground Facilities within County ROW, with the FPL requirement that
they would not be responsible for relocation costs if the County ever requires
FPL to relocate some or all of the Underground Facilities. Instead, Palm Beach County would be
responsible for those costs. As part of
this agreement, Frenchman’s has agreed to
reimburse the County for costs associated with relocating the Underground Facilities,
if the County ever directs FPL to do so.
Countywide (MRE)
JULY 22, 2008
6. REGULAR
AGENDA
B. ENGINEERING & PUBLIC WORKS (Cont’d)
3. Staff requests the
Board to:
A) consider options and provide direction regarding
various policy issues for the Municipal Services Taxing Unit (MSTU) Program
(future funding, CCRT funding, new projects, etc.);
B) receive an update of repetitioned MSTU projects as
of December 19, 2006; and
C) remove the West Boynton Estates, Coco Plumosus
Road, Seagrape Road, Ohio Road, Canton Road, Broadway Street, Len Drive, Wilson
Road and Rigger Road, previously petitioned MSTU projects from further
consideration.
SUMMARY: Based on
the current estimates, the MSTU Program can fund the remaining projects over
the next three (3) years. However, the
program will need additional funds in order to process any new projects. Given the budget pressures, staff recommends
no new projects be accepted into the program during the next twelve
months. As the Countywide Community
Revitalization Team (CCRT) Program also lacks sufficient funds, some of the
options to consider would be: discontinue the projects in the CCRT areas;
continue the CCRT projects that have been petitioned, (A Street, Coconut Road
and Patio Court), at the subsidized level, or repetition the CCRT projects that
have been previously petitioned and require the full matching amount. This
approach would more than double their repayment requirements. Countywide (MRE)
4. Staff recommends
motion to approve on preliminary
reading and advertise for Public Hearing on August 19, 2008 at 9:30 a.m.: an Ordinance amending Chapter 23, Article V, known as the Roadside
Vendors Ordinance (Ordinance 97-40); amending Section 98, permit required for
commercial use of County rights-of-way; amending Section 100, criteria for
vending locations; amending Section 102, application for permit; amending
Section 103, fees; amending Section 104, conditions of permit; amending Section
108, voluntary relocation; amending Section 109, renewal of permit; amending
Section 110, revocation of permits; amending Section 112, limited exception;
amending Section 115, applicability. SUMMARY: The proposed Ordinance will amend
Chapter 23, Article V, known as the Roadside Vendors Ordinance (Ordinance
97-40), and designate an area to accommodate large vending locations; increase
the size of vending locations in the designated area, increase fees associated
with commercial use of County Rights-of-Way by vendors; restrict use of
rights-of-way when it is used for park access and parking; provide for other
changes to provide clarity, correct spelling, address, name, and title changes.
Countywide (MRE)
JULY 22, 2008
6. REGULAR
AGENDA
C. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve: an Interlocal
Agreement with the Treasure Coast Regional Planning Council (TCRPC) to provide
technical assistance to the Zoning Division for amendments to the Unified Land
Development Code (ULDC), which include the creation of the Infill Redevelopment
Overlay (IR-O); revisions to Article 1.F, Non-conformities, and other related
articles of the ULDC. SUMMARY: The Zoning Division has requested TCRPC to
provide technical assistance in drafting and truthing amendments to address the
need for infill and redevelopment in the commercial corridors of the Urban
Suburban Tier of Palm Beach County. The amendments shall address non-conforming
regulations and include the creation of an IR-O, amongst other related tasks. It is the intent that the Interlocal Agreement
shall be in effect until August 30, 2009, unless there is a need for an
extension due to postponements or rescheduling by the County. The agreement is
not to exceed $50,000. Should either
party desire to terminate all or part of this Agreement, written notification
shall be required. Countywide (RB)
2. Staff recommends
motion to adopt: Resolution of the Board of County Commissioners of
Palm Beach County, Florida, changing the street name of Fairgrounds Road to
Process Drive, located in Section 31, Township 43, Range 42, West Palm
Beach. SUMMARY: Planning, Zoning
& Building Department (PZ&B), along with Facilities, Development &
Operations requests a street name change for the east/west segment of
Fairgrounds Road, to eliminate and/or reduce confusion with another street in
the unincorporated area with the same name. This duplication could result in a
delay of emergency services to the area. Upon receiving a copy of the approved
resolution, PZ&B staff will implement the name change by notifying appropriate
parties and agencies. District 6 (RB)
JULY 22, 2008
6. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County=s interest in a 142 square foot parcel of
County-owned land in Boynton Beach to Southern Homes of Palm Beach, LLC for
$3,703.36 with reservation of mineral and petroleum rights, but without rights
of entry and exploration; and
B) approve a County Deed in favor of Southern Homes of
Palm Beach, LLC.
SUMMARY: The
County acquired a 2.94 acre parcel of submerged land underlying Three Finger
Canals in unincorporated Boynton Beach by Tax Deed in May 1971. The canals are located along the Intracoastal
Waterway in Boynton Beach between Turner Road and Bamboo Lane. The assessed value of the County=s
entire parcel is $891. The County has
previously sold 115 square feet to the Anya Group in August of 2005 for $3,000
(26.08/sf) (R2005-1333) and a 414 square foot parcel to Patricia H. Mikulec in
March of 2008 for $10,797.12 ($26.08/sf) (R2008-0464). This property is being sold to the Southern
Homes of Palm Beach, LLC for $3,703.36 ($26.08/sf) without competitive bidding
under the alternative disposition procedures established by Ordinance No. 2002-067. This requires a finding by the Board that
Southern Homes of Palm Beach, LLC is Athe only person capable of reasonably
utilizing the property for the use which the Board has determined to be the
highest and best use of the property.@ Staff
recommends this finding to ensure that Southern Homes of Palm Beach, LLC as the
adjacent upland riparian lot owner, retains access to the canal immediately
behind its lots. The County will retain
mineral rights in accordance with Florida Statutes Section 270.11, but will not
retain rights of entry and exploration. (PREM)
District 4 (HJF)
E. TOURIST DEVELOMENT COUNCIL
1. Staff recommends
motion to approve: 2008 Strategic Plan for the Tourist Development
Council (TDC). SUMMARY: The BCC approved a contract (R2007-2151) with Zeitgeist Consulting Firm,
a strategic planning firm who specializes in destination management. Over 50
individuals were interviewed by Mr. Bill Geist, of Zeitgeist Consulting Firm,
including the Board of County Commissioners, TDC members, TDC agency directors,
County Administration, County Attorney and tourism industry representatives.
The following are the five (5) goals adopted by the TDC at their February 2008
meeting.
1. Enhance agency contract compliance
process to ensure the highest possible economic impact from tourist development
tax revenues;
2. Facilitate increased collaboration and
joint marketing efforts among TDC agencies and other economic development
organizations, this includes brand assessment initiative;
3. Increase awareness, appreciation and
support of the TDC, its affiliated agencies and the County’s tourism industry;
4. Advocate for destination defining
enhancements; and
5. Increase TDC agencies competitiveness.
In addition, a separate document called, “Organizational Analysis and
Recommendations” was produced for the TDC. The document makes recommendations
relating to contract compliance; destination leadership; destination
enhancement; inter-agency cooperation and collaboration; board governance and
other operational activities. Countywide
(MC)
JULY 22, 2008
6. REGULAR
AGENDA
F. OFFICE OF FINANICAL MANAGEMENT &
BUDGET
1. Staff recommends
motion to:
A) authorize staff to submit proposed millage rates for
the FY 2009 budget to the Property Appraiser as follows:
|
|
Proposed |
|
Over/(Under) Rollback |
||
|
|
Millage |
Taxes |
Amount |
Percent |
|
|
Countywide Non-Voted |
3.7811 |
$605,453,996 |
($54,820,315) |
(7.47%) |
|
|
Library |
0.4970 |
43,136,980 |
(4,522,006) |
(9.50%) |
|
|
Fire Rescue |
|
|
|
|
|
|
Fire Rescue MSTU |
2.9500 |
187,727,651 |
(7,706,379) |
(3.94%) |
|
|
Jupiter Fire Rescue MSTU |
2.3176 |
19,721,885 |
5,869,082 |
42.37% |
|
|
Aggregate-Excluding
Voted Debt |
5.3460 |
$856,040,512 |
($61,179,618) |
(6.67%) |
|
|
|
|
|
|
|
|
|
Countywide Voted-Debt |
0.1845 |
$29,559,082 |
N/A |
N/A |
|
|
County Library Voted Debt |
0.0457 |
$3,966,519 |
N/A |
N/A |
|
B) authorize staff to submit to the Property Appraiser public
hearing dates of Monday, September 8 at 6 p.m. and Monday, September 22 at 6
p.m. in the Commission Chambers, 6th Floor of the Governmental Center for FY
2009;
C) authorize administrative adjustments to establish
funding in the FY 2009 budget for capital projects approved and established in
the current fiscal year. These projects
were approved in the current fiscal year (FY 2008) after the preparation of the
proposed budget and are therefore not currently included in the FY 2009
budget. These adjustments will have no
impact on proposed ad valorem taxes and will be incorporated into the tentative
budget to be presented at the first public hearing; and
D) authorize administrative adjustments to establish
funding in the FY 2009 budget for designated fund balances for contingency and
other projects and carryover for encumbrances. These balances and encumbrances
were approved in the current fiscal year (FY 2008) after the preparation of the
proposed budget and are therefore not currently included in the FY 2009
budget. These adjustments will have no
impact on proposed ad valorem taxes and will be incorporated into the tentative
budget to be presented at the first public hearing.
SUMMARY: Proposed millage rates are below roll-back for Countywide purposes,
County Library, and Fire Rescue MSTU.
The proposed millage rate is above roll-back for Jupiter Fire Rescue
MSTU. Board decisions made during the
July 14th workshop are also reflected in the proposed budget. The
proposed millage rate for the Jupiter MSTU will require unanimous (7-0)
approval of the Board at the September 22, 2008 Public Hearing. Countywide
(PFK)
JULY 22, 2008
6. REGULAR
AGENDA
G. PUBLIC SAFETY
1. Staff recommends
motion to
approve on preliminary
reading and advertise for Public Hearing on August 19, 2008 at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Chapter 16 of the Palm Beach County Code, Article III,
(Ordinance No. 2002-13), pertaining to alarms; providing for short title; providing
for purpose; amending Section 3, definitions; amending Section 4, providing for
alarm permits required; application fee, renewal and duration; amending Section
5, providing for alarm permit applications; providing emergency notification
and reporting service; amending Section 6, providing for technical requirements
of alarm systems; amending Section 7, providing for response to alarm, determination
of false alarms, alarm verification; amending Section 8, providing a procedure
to appeal false alarm determination and providing for a false alarm appeals board;
amending Section 9, providing for fines for false alarms; providing for maintenance
of records; providing that automatic telephone dialing systems are prohibited
and no response for mobile alarm systems; providing for applicability of
Ordinance; providing for limitation of liability; amending Section 14, providing
for prohibitions and penalties; 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: This Amendment to the
existing Burglar Alarm Ordinance is intended to enhance the current Ordinance
by eliminating the current Special Master appeal process and establishing a
three (3) member False Alarm Appeals Board which will be knowledgeable of the
alarm industry standards and be beneficial to the burglar alarm user. All members
of this Board will be volunteers and will not receive any compensation. The Amendment
also increases the new application fee from $18 to $25 and the renewal
application fees from $5 to $25. The proposed increases will help offset the
cost associated with processing these applications. The current estimated cost
for the Sheriff’s Office to process a new application and review a renewal
application is approximately $22.50 per application. The Sheriff’s Office has
worked closely with the alarm industry and they support the proposed
changes. Currently, the Sheriff’s Office
processes approximately 1,500 new applications and issues approximately 89,000
renewal applications annually. A survey indicates
(based on those who responded to our survey request) what several jurisdictions
charge to process new and renewal applications. Countywide (DW)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
JULY 22, 2008
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH
DEPARTMENT
1. Staff recommends motion to approve: reappointment of the following members to the Environmental Appeal Board for a term of three (3) years:
Name Seat
No. Requirement Recommended By
Brian LaMotte 1 Professional Engineer American Society of Civil
Engineers-PB Branch
Brian Joslyn 5 Attorney PBC Bar Association
SUMMARY: The Board is composed of five (5) members. Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association; one (1) person recommended by the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one (1) professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers; one (1) water resource professional employed by the South Florida Water Management District; and one (1) drinking water engineer employed by the Department of Environmental Protection. Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE AS THE BOARD OF COUNTY
COMMISSIONERS
JULY 22, 2008
8. BOARD
APPOINTMENTS
A.
ADMINISTRATION
(Treasure Coast Regional
Planning Council)
1. Staff recommends motion to ratify: the appointment of the following member from the Palm Beach County League of Cities to replace Councilman John Workman as an Alternate on the Treasure Coast Regional Planning Council (TCRPC):
Nominee Seat
No. Requirement
Councilwoman Martha Webster 6A Palm
Beach County Official
SUMMARY: The TCRPC consists of a total of 47
members: 19 regular and 19 alternates, which are elected officials; and nine
(9) members which are appointed by the Governor. Palm Beach County is represented as follows:
three (3) regular members and three (3) alternates must be members of the Palm
Beach County Board of County Commissioners (BCC); as well as, five (5) regular
members and five (5) alternates, which are appointed by the Palm Beach County
League of Cities (League of Cities) who must be elected officials. In
accordance with the TCRPC policy, the BCC is required to ratify the League of
Cities appointments. At its regular
meeting on June 25, 2008, the League of Cities nominated Councilwoman Martha
Webster from the Village of Royal Palm Beach to replace Palm Beach Shores
Councilman John Workman on the TCRPC. Countywide (RPB)
JULY 22, 2008
8. BOARD
APPOINTMENTS
B.
HOUSING & COMMUNITY DEVELOPMENT
(Commission on Affordable
Housing)
1. Staff recommends motion to adopt: a Resolution to appoint the following appointments to the Commission on Affordable Housing (CAH) for a term of three (3) years beginning on July 22, 2008, through July 21, 2011:
Nominee/ Area
of
Appointment Representation Nominated By
Suzanne Cabrera Representing Employees Comm. Jeff Koons
Wendy Tippett Not-for-Profit Provider of Comm. Jeff Koons
Affordable Housing
Patrick J. McNamara Representing Essential Comm. Jeff Koons
Service Personnel
Joseph Grey Advocate for Low Comm. Mary McCarty
Income Persons
Paula Ryan Member of Local Planning Comm. Jeff Koons
Agency Comm. Mary McCarty
Vince Larkin Representing Fair Housing Comm. Jeff Koons
Comm. Mary McCarty
Thomas Hinners For-Profit Provider of Comm. Jeff Koons
Affordable Housing Comm. Mary McCarty
Appoint One:
Christine Oberlink Resides within Jurisdiction Comm. Jeff Koons
Comm. Mary McCarty
or
Christopher Plummer Resides within Jurisdiction Comm. Addie Greene
SUMMARY: The Commission on Affordable Housing consists of thirteen
(13) members nominated by the Board of County Commissioners. All must be
residents of Palm Beach County. The Commission on Affordable Housing members
serve three (3) year terms. The primary
objective of the Commission on Affordable Housing is to make program and
funding recommendations to the BCC for its Local Housing Assistance Plan
(LHAP). Countywide (TKF)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JULY 22, 2008
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JULY 22, 2008
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
July 22, 2008 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JULY 22, 2008
PAGE ITEM
8 3A-4 DELETED: Staff
recommends motion to adopt: a Resolution
supporting the preservation and promotion of working waterfronts and public
access to navigable waters..(Admin/Legislative Affairs) (Moved to August 19,
2008)
11 3C-10 REVISED TITLE & SUMMARY: Staff
recommends motion to adopt: eight (8) six (6) Resolutions
declaring the acquisition of properties designated as Parcels 306, 307, 308,
309, 312, and 313 as temporary construction easements necessary for the widening
and construction of improvements on Congress Avenue, from Lantana Road to south
of Melaleuca Lane. SUMMARY: This
action will authorize the filing of eminent domain proceedings against eight
(8) six (6) parcels with total appraised value of $134,950. (Engineering)
18 3H-10 REVISED TITLE: Staff
recommends motion to approve: Amendment No. 4 to the Contract with Moss
& Associates, LLC (R2007-0031) for construction management services for the
out buildings at the West County Detention Facility….in the amount of $18,819,142
$18,819,143, subject to the issuance of closing on the County’s
Criminal Justice and Public Improvement Revenue Bonds, Series 2008 on
August 18 27, 2008. (FD&O)
19 3H-11 REVISED TITLE & SUMMARY: Staff
recommends motion to approve: Consultant Services Authorization (CSA) No. 2
to Contract with Heery International, Inc. (R2006-2219), for program management
services for the Jail Expansion Program 2 in the amount of $3,311,688 subject
to the issuance of closing on the County’s Criminal
Justice and Public Improvement Revenue Bonds, Series 2008 on August 18
27, 2008. SUMMARY: CSA No.
2 will provide program management services for the portion of West County
Detention Facility phase of the Jail Expansion Program from March 1, 2008 to
February 28, 2010…Heery International’s SBE participation for this work is 12.3
13.7%. The overall SBE participation is 15.7 16.7%. (Capital
Improvements Division) Countywide
(JM) (FD&O)
20 3I-2 REVISED SUMMARY: On October 16, 2007, the BCC approved Agreement (R2007-1819) with Housing
Partnership, Inc. in the amount of $365,000 for the development of affordable
housing and operating expenses as a Community Housing Development Organization.
Under the Agreement, the funds were to be used to construct at least eight (8)
affordable housing units. Approval of this amendment will provide
Housing Partnership, Inc. with the option of either constructing or purchasing eight
(8) affordable housing units for eligible first-time homebuyers; establish a
new effective date and extend the agreement by one (1) year eight (8)
months; …(HCD)
20 3I-3 DELETED: Staff recommends motion to approve: Amendment No. 001 to Agreement
(R2007-1332) with Northwest Riviera Beach Redevelopment Corporation…(HCD)
(Further staff review)
22 3K-2 DELETED: Staff
recommends motion to: A) approve the Third Amendment
to the Palm Beach County/Beeline Community Development District Water and
Wastewater Utility Acquisition…(WUD) (Further staff review)
28 3Z-1 REVISED TITLE: Staff recommends motion to approve: a Contract with Island Medical Care, LLC., (Dr. Earl Campazzi, M.D.) to
provide twenty (20) hours per week of on-site physician services for the
County’s occupational health clinic for the term September 1, 2008, through
August 31, 2010 in an amount not-to-exceed $281,666.75 $270,400.
(Risk Management)
33 6A-1 ADD-ON: Staff recommends motion to approve: a
Grant Agreement with Max Planck Florida Corporation (MPFC) providing for
$86,926,000 million to construct and operate a Biomedical Research Facility in
Palm Beach County. SUMMARY: On September 11, 2007, the Board of County
Commissioners adopted Resolution (R2007-1588): A) conceptually
approving a grant in the amount of $86.9 million to the Max Planck Society for
the purposes of seeking matching funds from the State of Florida; B) authorizing
the Business Development Board to facilitate the application for matching
funding from the State of Florida Innovation Incentive Fund; C) authorizing staff to commence negotiations with the
Max Planck Society to establish the terms and conditions of the Grant
Agreement; D) authorizing
staff to commence negotiations with Florida Atlantic University and Scripps
Florida for temporary facilities for Max Planck Florida Corporation; E) authorize staff to commence negotiations with
Florida Atlantic University for six (6) acres of land upon which the MPFC will
be located. Max Planck Florida
Corporation entered into an Agreement with the State of Florida to provide
approximately $94 million for operational expenses on March 12, 2008 and has
received its first $10 million distribution.
Negotiations are currently underway between the County, the Max Planck
Society and Florida Atlantic University to obtain a fifty (50) year sublease
for six (6) acres on the Jupiter Campus of Florida Atlantic University. The
execution of the FAU Sublease is a condition to the disbursement of Grant
Funds. The County has agreed to the
following key Terms and Conditions under the Grant Agreement; A) provide a
maximum of $86,926,000 million to reimburse the MPFC for the construction and
operation of an approximate 100,000 sq. ft. Biomedical Research Facility in
Palm Beach County; of which a maximum of $60 million will be spent towards the
reimbursement of construction costs for the Permanent Facility; and $26,926,000
million will be spent towards the reimbursement of operational costs; B) allow for a 50% - 50% cost share of any unused costs for
construction; C) distribute
up to $4.1 million in operating funds for equipment procurement prior to
receipt of Certificate of Occupancy for the permanent facilities; D) allow for the expenditure of up-to $270,000 for due
diligence and professional service investigations which is at the County’s
risk. MPFC has agreed to the following key Terms
and Conditions: A) construct and operate a Biomedical Research
Facility in Palm Beach County for fifteen (15) years; B) cause its
primary operations, 70% of MPFC employees, to be in Palm Beach County for ten
(10) years; C) create 135 MPFC new jobs at an average salary
of at least 130% of the current annual Palm Beach County countywide salary
average; D) implement hiring policies that will strive to
give low-income residents of Palm Beach County opportunities for training and
employment at MPFC; E) develop and implement hiring policies that
grant Palm Beach County Residents preference; F) give
preference in the award of all contracts, where economically practical, in
connection with the design and construction of the Permanent Facilities; G) establish policies and procedures with the goal of
investing up to fifteen (15%) of the construction costs in goods and services
provided by SBE’s; H) establish policies and
procedures with the goal of investing up to fifteen (15%) of the total
operating funds toward equipment and supplies provided by SBE’s; I)
implement a Science lecture or workshop series in Palm Beach County; J) develop a voluntary mentorship program for students
in grades K-12 within Palm Beach County; K)
establish a Speakers Bureau to reach Palm Beach County public and private
schools and community colleges; L) establish an Internship
Program for Palm Beach County high school or community college science
teachers; M) hold an annual
one-day “Career Fair” for middle and
high school students; N) commit three percent (3%)
of its net royalty revenues towards funding science-related educational
purposes in Palm Beach County commencing in 2018 and ending on November 1,
2028; such purposes may include, the funding of science-related student
scholarships for students at high schools, community colleges and universities
in Palm Beach County or in cooperation with Palm Beach County Conference of
Black Elected officials; O) arrange the display of the “Max Planck
Science Tunnel” in Palm Beach County, between mid-January and mid-March of
2009; P) assist with the
recruitment of research institutes, biomedical or pharmaceutical companies to
Palm Beach County; Q) develop a website of MPFC
highlighting its activities in Palm Beach County; and R) re-invest all net royalty revenues in MPFC
commencing upon execution of the Agreement through November 1, 2028. Countywide (JM and HF) (Admin)
34 6B-3 REVISED SUMMARY: Based on the current estimates, the MSTU
Program can fund the repetitioned remaining projects over the next three (3) years. However, the program will need additional
funds in order to process any new projects. Given the budget pressures, staff
recommends no new projects be accepted into the program during the next twelve (12)
months. As the Countywide Community Revitalization Team (CCRT) Program also lacks
sufficient funds has potential future funding issues some of the
options to consider would be: 1) discontinue the projects in CCRT areas;
2) continue the CCRT projects that have been petitioned, (A Street,
Coconut Road and Patio Court), at the subsidized level, or 3) repetition
the CCRT projects that have been previously petitioned and require the full 50%
matching amount. This last approach (3)
would more than double their repayment requirements. (Engineering)
34 6B-4 REVISED
TITLE & SUMMARY: Staff recommends motion to approve on preliminary reading and advertise for
Public Hearing on August 19, 2008 at 9:30 a.m.: an Ordinance amending Palm Beach County
Code Chapter 23, Article V, known as the Roadside Vendors Ordinance
(Ordinance 97-40); amending Section 98, permit required for commercial use of
County rights-of-way; amending Section 100, criteria for vending locations;
amending Section 102, application for permit; amending Section 103, fees;
amending Section 104, conditions of permit; amending Section 108, voluntary
relocation; amending Section 109, renewal of permit; amending Section 110,
revocation of permits; amending Section 111, appeal; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for an effective date 112,
limited exception; amending Section 115, applicability. SUMMARY: The proposed Ordinance will amend
Chapter 23, Article V, known as the Roadside Vendors Ordinance (Ordinance
97-40), and designate an area to accommodate large vending locations; increase
the size of vending locations in the designated area, increase fees, insurance and bond amounts
associated with commercial use of County rights-of-way by vendors; restrict use
of rights-of-way when it is used for park access and parking; provide for other
changes to provide clarity, correct spelling, address, name, and title
changes accommodate agency changes and update the appeal process. Countywide (MRE) (Engineering)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).