ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 21, 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 - 38)
4. PUBLIC HEARINGS - 9:30
A.M. (Page 39)
5. REGULAR
AGENDA (Pages 40 - 42)
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD (Page 43)
7. BOARD
APPOINTMENTS (Pages 44 - 45)
8. STAFF
COMMENTS (Page 46)
9. COMMISSIONER
COMMENTS (Page 47)
10. ADJOURNMENT (Page 47)
* * * * * * * * * * *
OCTOBER 21, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions
from various municipalities regarding equalized funding and Glades Hospital
3A-2 Handicapped
Accessibility and Awareness Program grants to several non-profit agencies
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
Page 8
3B-3 Contracts
and claim settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Task
Agreement with Civil Design for “A” Street paving and drainage improvements
3C-2 Task
Agreement with Civil Design for Coconut Road paving and drainage improvements
3C-3 Contract
with Charles S. Whiteside, Inc. under annual pathway & minor construction
contract
Page 9
3C-4 Bill of Sale to Town of Jupiter and
Loxahatchee River Environmental Control District regarding Limestone Creek
water main, sewer lines and lift station
3C-5 Amendment
No. 2 with Toll Brothers regarding Lyons Road construction
3C-6 Agreements with Dunkelberger Engineering
& Testing, and Nodarse & Associates for professional testing lab
services
3C-7 Interlocal
Agreement with School Board regarding Stacy Street improvements
3C-8 Two
(2) Resolution declaring acquisition of parcels for Boca Rio Road improvements
Page 10
3C-9 Budget
Transfer to Flavor Pict Road and Jog Road right turn lane
3C-10 Supplemental Agreement No. 1 with K-F Group
regarding Royal Palm Beach Blvd. bridge over M Canal
3C-11 Interlocal Agreement with Town of Cloud Lake to
transfer parcel of land for noise barrier
3C-12 Change Order No. 1 with J.W. Cheatham regarding
Haverhill Road construction
3C-13 Change Order No. 3 with Ranger Construction
regarding Okeechobee Blvd. construction
3C-14 Supplemental Agreement No. 9 with Miller-Legg
and Associates regarding Congress Avenue improvements
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
in eminent domain proceedings entitled PBC v. Lloyds Service Center, Inc.
E. COMMUNITY SERVICES
Page 11
3E-1 Use
of Facilities Agreement with Village of Royal Palm Beach for congregate meal
site
3E-2 Amendment
No. 1 with Comprehensive AIDS Program for Ryan White health support services
F. AIRPORTS
Page 12
3F-1 Second Amendments to Airport ground lease
agreements with Avis Rent A Car and DTG Operations (Thrifty)
3F-2 Seventh
Amendment with General Services Administration for TSA leased space at PBIA
Page 13
3F-3 Change Order No. 3 with Hypower, Inc. for
roadway, parking and terminal signage replacement/improvement plan project
3F-4 Change
Order No. 17 with James A. Cummings regarding long term parking garage project
3F-5 Resolution designating execution of standard
Hangar Lease Agreement for North County Airport and Pahokee Airport
Page 14
3F-6 Agreement to terminate development site
lease agreement with Hyperion Farms at North County Airport
3F-7 Amendment No. 4 with The LPA Group for
planning and design services related to Airports Capital Improvement Plan
OCTOBER 21, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 15
3F-8 Construction Manager Authorization with The
Morganti Group regarding reconstruction of the fixed-based operator terminal
and maintenance hanger at Pahokee Airport
3F-9 Receive
and file three (3) standard agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Appointment of Greenberg Traurig and Nabors
Giblin as Disclosure Council for Water & Sewer Revenue Bonds
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Amendment
No. 2 with DCOTA Contracting for annual residential contract
3H-2 Amendment
No. 2 with Andrea Construction for annual residential contract
Page 17
3H-3 Amendment
No. 2 with All-Site Construction for annual residential contract
3H-4 Amendment
No. 2 with Joe Schmidt Construction for annual residential contract
3H-5 Amendment No. 1 with Hedrick Brothers
Construction regarding Dubois historic home renovations
3H-6 Amendment
No. 1 with L.D. Astorino Architects for professional architectural services
Page 18
3H-7 Amendment
No. 1 with Catalfumo Construction regarding Intermodal transit facility
3H-8 Declaration
of Easement in favor of PBC Water Utility for reclaimed water meter near Vista
3H-9 JOC
Work Order No. 08-161 with H.A. Contracting regarding Yamato-kan renovations
3H-10 First Amendment with Barton Security Services regarding County’s
800MHz radio system
Page 19
3H-11 Construction, Joint Use and Easement Agreement with GL Homes for
public civic site
3H-12 Utility Easement Agreement in favor of FPL for Lantana Road Library
3H-13 Utility Easement Agreement in favor of FPL for Carlin Park
performing arts pavilion
Page 20
3H-14 Option to extend lease agreement with Palm Beach Gardens Hospital
for rooftop antenna
3H-15 Concessionaire Service Agreement with Tennis
Insights for South County Regional Park Tennis & Racquetball Center
3H-16 First Amendment with Town of Lake Clarke Shores regarding County’s
800MHz radio system
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Mortgage
and Note Modification Agreement with Thelma Hudson
3I-2 State
Housing Initiative Partnership subsidy loan for Christopher Daeumler
3I-3 Conditional Grant Agreement with
Neighborhood Renaissance, Inc. for construction of five (5) single-family homes
for low-income families
Page 22
3I-4 Twenty
(20) agreements under the Community Development Block Grant Program
Page 24
3I-5 Thirteen
(13) agreements under the Emergency Shelter Grants Program
Page 25
3I-6 Amendment
No. 1 with In The Pines, Inc. for Disaster Recovery Initiative Program funds
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 26
3K-1 Third Amendment to PBC/Beeline Community
Development District utility acquisition/service area agreement
3K-2 Receive and file two (2) unilateral
termination and partial release standard potable water and wastewater
development agreements
OCTOBER 21, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 27
3L-1 Budget
Transfer/Amendment regarding acquisition of Unit 11 parcels
Page 28
3L-2 Grant Contract with Florida Communities
Trust regarding State standards for receipt of Florida Forever Revenue Bond
proceeds
M. PARKS & RECREATION
Page 28
3M-1 Agreement
with Community Resource Center of Coleman Park for Youth MIC Night shows
Page 29
3M-2 Agreement
with Boynton Beach Police Athletic League for Championship Bowl trip
3M-3 Agreement
with United Sports and Social Club for Celebration in the Park event
3M-4 Agreement
with Junior Golf and Academics of America for Summer Golf Program
3M-5 Agreement
with Community Back to School Bash for Back to School Bash event
3M-6 Agreement
with Keep Palm Beach County Beautiful for Dreher Park eco-art restoration
project
Page 30
3M-7 Agreement
with City of Boynton Beach for Sand Sifters “Be Green, Halloween” event
3M-8 Agreement
with The National Center for Jewish Cultural Arts for New Vista Theatre
expenses
3M-9 Agreement
with Boca Flag Football & Cheerleading for football equipment and expenses
3M-10 Receive and file School Board RAP for West Boca Raton High athletic
field maintenance
3M-11 Receive and file School Board RAP for Palm Beach Central High
uniforms and equipment
Page 31
3M-12 Receive and file School Board RAP for Wellington High uniforms and
equipment
3M-13 Agreement with City of Pahokee for holiday decorative lighting
3M-14 Tri-Party Agreement with Acme Improvement
District and Boys and Girls Clubs for funding of the Wellington facility
Page 32
3M-15 Receive and file ten (10) independent contractor agreements for
Parks & Recreation
N. LIBRARY
Page 32
3N-1 Budget
transfers for Tequesta Branch Library renovations
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 32
3Q-1 Third
Amendment with City of Delray Beach for Weed and Seed efforts
Page 33
3Q-2 Contract
with City of Riviera Beach Civil Drug Court regarding substance abuse services
3Q-3 Third
Amendment with City of West Palm Beach for Weed and Seed efforts
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 33
3S-1 Write-off
of uncollectible emergency transport patient accounts
3S-2 Write-off
of uncollectible Fire Rescue receivables
Page 34
3S-3 Memorandum of Agreement with Children’s
Services Council regarding Drowning Prevention Coalition
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 34
3U-1 Interlocal
Agreement with City of Palm Beach Gardens regarding Countywide Area Network
3U-2 Amendment
No. 4 with SCT Government Systems for software maintenance coverage
OCTOBER 21, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U. INFORMATION SYSTEMS SERVICES (Cont’d)
Page 35
3U-3 Three
(3) amendments regarding ortho photography and planimetric mapping services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 35
3X-1 Contracts
for drug treatment and testing services with two (2) agencies
Page 36
3X-2 Contracts
for adult drug treatment and testing services with four (4) agencies
3X-3 Receive
and file one (1) contract with Legal Aid Society for legal services to indigent
citizens
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 37
3BB-1 Accept agreement with Port of Palm Beach for
Vessel-Prevention/Detection project
3BB-2 Accept FY 2008 Gang Prevention Coordination Assistance Program grant
Page 38
3BB-3 Grant Adjustment Notice for SWAT and EOD Sustainment project
3BB-4 Budget Amendment for law enforcement services to the City of Lake
Worth
PUBLIC HEARINGS - 9:30 A.M.
Page 39
4A Ordinance repealing Ordinance 2005-35,
the Simon II/”B” Road-NW Property Comprehensive Plan Amendment
REGULAR AGENDA
ADMINISTRATION - None
COMMUNITY SERVICES
Page 40
5B-1 Roles
& Responsibilities as the Head Start/Early Head Start Governing Board
FIRE
RESCUE
Page 40
5C-1 Florida
Fire Prevention Code Ordinance
PARKS
& RECREATION
Page 40
5D-1 Termination of Tri-Party Agreement with
Cultural Trust of the Palm Beaches and Village of Wellington regarding Cultural
Trust Outdoor Entertainment pavilion
RISK
MANAGEMENT
Page 41
5E-1 Additional
tier of coverage in health plan for certain dependent children
OCTOBER 21, 2008
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
WATER
UTILITIES
Page 41
5F-1 Temporary deferral of capital reimbursement
of the LRWTP billing to Cities of Belle Glade, Pahokee and South Bay
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 42
5G-1 Resolution repealing Resolution R2008-1571
regarding sale of Public Improvement Revenue Bonds
BOARD OF COUNTY
COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD
Page 43
6A-1 Legislation to amend Chapter 59-1698,
Special Acts, Laws of Florida to adjust child boarding home, family day care
and child care facility requirements
BOARD
APPOINTMENTS (Pages 44- 45)
STAFF
COMMENTS (Page 46)
COMMISSIONER
COMMENTS (Page 47)
ADJOURNMENT (Page 47)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 2008-70 of the Village Council of the Village of Palm Springs, Florida, urging the 2009 Florida Legislature to equalize funding based on population to provide each region of Florida, including South Florida, its fair share of State funding; and
B) Resolution No. 2008-2695 of the City Commission of the City of
Belle Glade, Florida, supporting funding for the Glades Regional Hospital.
2. Staff recommends
motion to approve: grants in a total amount not to exceed $30,000 for
the Handicapped Accessibility and Awareness Program with the following
non-profit agencies, in the amounts and for the services indicated for the
period October 1, 2008, through September 30, 2009:
A) Coalition for Independent Living Options
funds to cover the cost of installing outdoor lighting in its parking lot in an
amount not to exceed $5,000;
B) The Arc of Palm Beach County to cover a
portion of the costs for the conversion of an existing restroom to meet ADA
standards in an amount not to exceed $5,000;
C) Palm Beach Habilitation Center, Inc. to
cover a portion of cost to purchase six (6) ADA height commercial water closets
in an amount not to exceed $5,000;
D) Deaf Service Center of Palm Beach County to
cover a portion of the expenses for printing and disseminating information to
the hearing impaired in an amount not to exceed $5,000;
E) YMCA of the Palm Beaches to purchase a
hydraulic pool chair lift in an amount not to exceed $3,842;
F) Seagull
Industries for the Disabled, Inc. to cover a portion of the costs needed to
purchase two (2) accessible vans in an amount not to exceed $5,000; and
G) Quality of Life Foundation, Inc. to cover
the cost of office supplies in an amount not to exceed $1,158.
Summary: The funds for this grant are derived from
funds collected from parking violations in designated parking spaces. County
Ordinance No. 92-29 provides that revenue from these fines shall be used to
improve accessibility and equal opportunity to qualified physically disabled
persons in the County and to provide funds to conduct public awareness programs
concerning physically disabled persons. Countywide (TKF)
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 July
8, 2008
Workshop July
15, 2008
Zoning July
24, 2008
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
3. Staff recommends
motion to approve: Contracts (regular)
and claim settlements list as submitted by various departments to the Clerk
& Comptroller=s Office.
Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a $21,837.26 Task Agreement to the Municipal Service Taxing Unit (MSTU) Districts “A through E” Annual Engineering Agreement with Civil Design, Inc. (CDI) for engineering, surveying, and permitting services for design and construction plans for ‘A’ Street paving and drainage improvements, Project Number 2006132; and
B) a Budget Transfer of $27,338 in the MSTU District C Fund from Reserves to ‘A’ Street, from Kirk Road to its eastern terminus prior to Corrigan Court.
SUMMARY: Approval of the Budget Transfer will provide funds for CDI
to perform engineering, surveying, and permitting services for design and
construction plans for ‘A’ Street, from its western terminus at Kirk Road to
its eastern terminus prior to Corrigan Court, paving and drainage improvements.
District 3/MSTU District C
(MRE)
2. Staff recommends
motion to approve:
A)
a $65,543.39 Task Agreement to the Annual Municipal Service Taxing Unit
(MSTU) Districts “A through E” Engineering Agreement with Civil Design, Inc.
(CDI) for engineering, surveying, and permitting services for design and
construction plans for Coconut Road paving and drainage improvements, Project
Number 2005126, and
B)
a Budget Transfer of $80,044 in the MSTU District C Fund from Reserves to
Coconut Road from the L-13 Canal to Lake Worth Road.
SUMMARY: Approval of the Budget Transfer will
provide funds for CDI to perform engineering, surveying, and permitting
services for design and construction plans for Coconut Road, from the north
terminus at Lake Worth Road to its south terminus at Lake Worth Drainage
District L-13 Canal (approximately 2,685 linear feet), paving and drainage
improvements. District 3/MSTU
District C (MRE)
3. Staff recommends
motion to approve: a Contract
not to exceed the total value of $8,543,000 for task orders which may be issued
for the Annual Pathway & Minor Construction Contract (Contract), Project
No. 2009053, with Charles S. Whiteside, Inc. (Contractor), the lowest,
responsive, responsible bidder. SUMMARY: Approval
of this Contract will provide for construction and/or resurfacing of
pathways, construction of parking areas, speed humps, traffic separators,
miscellaneous concrete works and other minor construction projects required by
various County Departments on an as needed basis. The Small Business Enterprise (SBE) goal for
the Project is 15%. The SBE
participation committed for the project by the Contractor is 21.6%
overall. Countywide (MRE)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve:
A) a Bill of Sale to the Town of Jupiter (Town)
for a water main constructed in Limestone Creek, Project No. 2002055 (Project);
and
B) a Bill of Sale to the Loxahatchee River
Environmental Control District (District) for sanitary sewer lines and a lift
station constructed as part of the same Project.
SUMMARY: Approval of the Bills of Sale will release the water main, sanitary sewer
lines and lift station to the Town and District for future maintenance. District
1 (MRE)
5. Staff recommends
motion to approve: Amendment No. 2 to the Public Facilities Agreement
(Agreement) with Toll Brothers, Inc./Palm Beach Limited Partnership (Toll)
regarding the funding and construction of Lyons Road from Linton Boulevard to
West Atlantic Avenue (Project). This Amendment will extend the Project
completion date by four (4) months, to February 28, 2009. SUMMARY: Toll is the developer of a project known as
Mizner Country Club located on the east side of Lyons Road, south of Linton
Boulevard. Toll is required by
Development Order to construct the Project.
Due to unforeseen utility delays, Toll has requested an extension of the
completion date from October 29, 2008, to February 28, 2009. District 5 (MRE)
6. Staff recommends
motion to approve: Agreements with Dunkelberger Engineering
& Testing, Inc. and Nodarse & Associates, Inc. to provide the necessary
professional testing lab services on a task order basis, for Countywide
projects, as required. SUMMARY: Approval of these Agreements will provide the necessary professional testing lab
services throughout Palm Beach County (County) for all user departments. At the option of the County, these Agreements
can be renewed annually for a period of one (1) year, with a maximum of two (2)
renewals. Countywide (PK)
7. Staff recommends
motion to approve: an Interlocal Agreement with the School Board of
Palm Beach County (School Board) for the design and construction of
improvements to Stacy Street, Project No. 2008904, to accommodate the new
elementary school being constructed by the School Board. SUMMARY: The Interlocal Agreement stipulates that Palm
Beach County (County) will fund the reconstruction of Stacy Street, including
the paving, drainage and sidewalk construction, and the signalization of the
proposed intersection of Stacy Street at Haverhill Road. The County has established funding for the
improvements with the exception of a right turn lane on Haverhill Road and the
drainage retention areas which are to be funded by the School Board. District
2 (MRE)
8. Staff recommends
motion to adopt: two (2) Resolutions
declaring the acquisition of properties designated as Parcel 105 as a partial
fee simple acquisition for road right-of-way and Parcel 305 as a temporary
construction easement necessary for the widening and construction of
improvements on Boca Rio Road, from Palmetto Park Road to Glades Road. SUMMARY:
This action will adopt two (2)
Resolutions to authorize the filing of eminent domain proceedings against two (2)
parcels whose total estimated appraised value is $116,100. District 5 (PM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to approve: a Budget Transfer of $25,000 in the Transportation
Improvement Fund from Reserve for District 5 to Flavor Pict Road and Jog Road
Right Turn Lane – District 5. SUMMARY:
Approval of the Budget Transfer will provide funds to pay for the
construction of a right turn lane on the west approach of Flavor Pict Road and
Jog Road. District 5 (MRE)
10. Staff recommends
motion to approve: Supplemental
Agreement No. 1 to Project No. 2004507 under contract
R2005-1455 in the amount of $237,723.74 with K-F Group, Inc. for
professional services. SUMMARY: This Supplemental Agreement will provide the services necessary for the
preparation of design plans and construction bid documents for
replacement of the Royal Palm Beach Boulevard Bridge over the M Canal, and
intersection improvements at 60th Street and Royal Palm Beach
Boulevard. District 6 (PK)
11. Staff recommends
motion to approve: an Interlocal Agreement with the Town of Cloud Lake
(Town), Project No. 1987078, for the transfer of a parcel of land (PCN 10 43 44
0501 005 0101) (Parcel) to the Town. SUMMARY: The Town is desirous of
obtaining the Parcel of land in order to enhance the esthetics of, and provide
a noise barrier for, the Town. The
Parcel, currently owned by Palm Beach County (County), was purchased by the
County to be used for improvements to the Stub Canal. This Agreement will permit both the County
and Town the use of the Parcel for those improvements. District
3 (MRE)
12. Staff recommends
motion to approve: Change Order No. 1 in the amount of $107,093.20,
together with a 30-day time extension, to Contract No. R2008-0588 with J.W.
Cheatham, LLC for construction of Haverhill Road from 45th Street to
north of Northern Palm Beach County Improvement District EPB-10 Canal. SUMMARY:
Change Order No. 1 is compensation for additional cost encountered due to
utility conflicts with the City of Riviera Beach Utilities. District 7
(MRE)
13. Staff recommends
motion to approve: Change Order No. 3 in the amount of $1,977,035.15 to
Contract No. R2008-0499 with Ranger Construction Industries, Inc. for
construction of Okeechobee Boulevard from Royal Palm Beach High School Entrance
to east of Florida’s Turnpike. SUMMARY: Change Order No. 3 is for the
construction of a portion of a 36” reclaimed water main along the west portion
of the project. District 2 (MRE)
14. Staff recommends
motion to approve: Supplemental Agreement No. 9 to Project No.
2003507 under contract R2004-0192 in the amount of $158,790.61 with Miller-Legg
and Associates, Inc. for professional services. SUMMARY: Approval of
this Supplemental Agreement will provide the services necessary for the
preparation of plan revisions for Congress Avenue from Lantana Road to south of
Melaleuca Lane. District 3 (PK)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to authorize: a Settlement
as to Parcels 25, 801, 901, 903, and 904, in the amount of $1,169,168.75, in
the eminent domain proceeding entitled Palm Beach County v. Lloyds Service
Center, Inc., et al, Case No.: 50 2008 CA 029294XXXMB AB, for the
improvement of West Atlantic Avenue. SUMMARY:
This action would authorize a settlement as to the acquisition of parcel in fee
simple, one permanent easement, and three temporary construction easements
proposed to be acquired for the construction and improvement of West Atlantic
Avenue, from west of Lyons Road to Starkey Road and a portion of Lyons Road
just north of West Atlantic Avenue (Project No. 2004602), by paying $950,000
for the property acquired and any and all damages and costs to cure any
damages, $138,998.75 in attorney’s fees, and $80,000 in expert fees and costs,
plus $170 in fees of the clerk of the court. District 6 (PM)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Use of Facility Agreement with the Village of
Royal Palm Beach to provide a congregate meal site for the elderly effective
July 1, 2008, through June 20, 2018. SUMMARY: This Agreement will enable the Division of
Senior Services (DOSS) to operate a congregate dining site for the elderly in
Royal Palm Beach at the Cultural Center located at 151 Civic Center Way at no cost to the County for space or energy
usage. DOSS will operate the site and
provide the meals. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
2. Staff recommends
motion to approve: Amendment
No. 1 to contract with Comprehensive AIDS Program, Inc. (R2008-0951), for the
period March 1, 2008, through February 28, 2009, increasing the contract amount
by $59,296 for a new not-to-exceed total of $1,247,174, for Ryan White Part A
HIV Health Support Services. Summary: Carryover funds have been granted from the
U.S. Department of Health and Human Services under the Ryan White Treatment
Modernization Act of 2006. The Priorities and Allocations Committee of the HIV
Care Council has determined that the funding is to be allocated to
Comprehensive AIDS Program of Palm Beach County, Inc. for medical case
management. No County funds are required. (Ryan White) Countywide (TKF)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve:
A) Second Amendment to Airport Ground Lease Agreement
with Avis Rent A Car System, LLC, (Avis), extending the term to December 31,
2009 for rental in the amount of $454,769.94;
B) Second Amendment to Airport Ground Lease Agreement
with DTG Operations, Inc. (Thrifty), extending the term to December 31, 2009
for rental in the amount of $399,772.76;
C) a Budget Transfer of $150,000 in the Airports Improvement and
Development Fund, establishing budget for improvements, including a transfer
from Reserves; and
D) a Budget Amendment of $202,784 in the Airports Operating Fund,
increasing Revenues and Reserves.
SUMMARY: The Airport
Ground Lease Agreements with Avis (R88-314) and Thrifty (R93-1267D) for
on-airport rental car facilities at Palm Beach International Airport expire on
October 23, 2008. The amendments extend the term of the leases to
December 31, 2009. Each facility has improvements, including administrative
offices and vehicle maintenance facilities, which will become the property of
the County upon expiration of the leases. Because the County did not own the
improvements, Avis and Thrifty were only obligated to pay ground rent. The
amendments require Avis and Thrifty to pay rent for the improvements in
addition to ground rent in the amount of $185,423.84 for Avis and $165,088.84
for Thrifty. The Department anticipates issuing a competitive solicitation for
the rental car facilities next year and has requested the companies make
certain improvements and repairs to the facilities to increase the
marketability of the sites. Avis and Thrifty will complete the
improvements to the facilities prior to the expiration of the leases. The
County will provide a rent credit in amount not to exceed $100,000 for Avis and
$50,000 for Thrifty for certain improvements identified in the amendment as
eligible for rental credit, which include upgrading underground oil lines that
will not be in compliance with the Florida Department of Environmental
Protection’s (FDEP) December 2009 upgrade requirements and repairing worn
pavement areas. Rental credit amounts were based upon estimates to complete the
work. Other general repair and maintenance items, such as painting and
replacement of flooring, will be completed by the companies at no cost to the
County. Approval of the amendments will result in increased rental
revenue to the County and necessary updates to the rental car facilities.
Countywide (JB)
2. Staff recommends
motion to approve: the Seventh
Amendment to the Terminal Building Lease Agreement (R2003-0355) with the
General Services Administration (GSA), an Executive Agency of the United
States of America, extending the term of the
Agreement three (3) years to October 31, 2011 for an initial annual rental of
$301,441.80. SUMMARY: This
Amendment provides for a three (3) year extension to the term of the Agreement
for space leased at the Palm Beach International Airport (PBIA) Terminal
building for use by the Transportation Security Administration (TSA). Rentals
are subject to adjustment each October 1st concurrent with
adjustment of airline rates and charges. Countywide JMB
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
3. Staff recommends
motion to approve: Change Order No.
3 to the contract with Hypower, Inc. in the amount of $59,500 and an additional
56 calendar days for the Roadway, Parking and Terminal Signage
Replacement/Improvement Plan Project at Palm Beach International Airport
(PBIA). SUMMARY:
On May 15, 2007, the BCC approved the construction contract (R2007-0760)
with Hypower, Inc, Inc. for
construction services for the Roadway, Parking and Terminal Signage
Replacement/Improvement Plan Project at PBIA in the amount of $1,807,455. Change Orders 1-2 were approved by the
contract Review Committee for a net increase to the contract in the amount of
$79,263 and an extension of 105 calendar days. Approval of this Change Order will increase
the total contract price by $59,500 and extend the contract time by 56 calendar
days. The Small Business Enterprise
(SBE) participation for this Change Order is 93.41%. The total SBE contract goal including all
change orders is 44.61%. Countywide
(JCM)
4. Staff recommends motion to approve: Change Order No. 17 to the contract with James A. Cummings, Inc. decreasing the contract in the amount of $372,442.90 for the Long Term Parking Garage No. 2 at Palm Beach International Airport (PBIA). There is no change in time for Change Order No. 17. SUMMARY: On May 16, 2006, the BCC approved the construction contract (R2006-0842) with James A. Cummings, Inc. for construction services for the Long Term Parking Garage at PBIA in the amount of $61,666,000. Change Orders 1-16 were approved for a net decrease to the contract in the amount of $24,662,885 which included the deletion of an estimated $26 million in materials that were directly purchased by the owner for tax savings. Approval of Change Order No. 17 decreases the contract in the amount of $372,442.90 that is requested to reconcile costs to the contract due to differences in code interpretations, agency requests or omissions in design and direct purchased materials with as-built quantities. Change Order No. 17 will cover items described in the attached summary sheet containing description, summary explanation and cost for each item as submitted in the contract change proposals by James A. Cummings, Inc. The total SBE contract goal including all change orders is 15.17%. Countywide (JCM)
5. Staff recommends
motion to adopt: a Resolution
authorizing the County Administrator, or his designee, to execute a standard
form Hangar Lease Agreement for use at the North County General Aviation
Airport (North County Airport) and Palm Beach County Glades Airport (Pahokee
Airport); establishing a rental rate for T-hangars at the Pahokee Airport;
authorizing the County Administrator or his designee to increase rental rates
for T-hangars at the Pahokee Airport; repealing Resolutions 2003-0522,
2003-0751 and 2003-1047; and becoming effective upon adoption. SUMMARY: The Resolution authorizes the
County Administrator or his designee to execute a new standard form Hangar
Lease Agreement for use at the North County and Pahokee Airports. The
Resolution repeals prior resolutions adopting similar standard form hangar
lease agreements for use at the airports. The Resolution also establishes
a monthly rental rate of $275 for the lease of T-hangars at the Pahokee Airport
and authorizes the County Administrator or his designee to annually increase
the rental rate by an amount not to exceed the greater of fair market rental as
determined by an appraisal or three percent per year. Countywide (JB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
6. Staff recommends
motion to approve: Agreement to
Terminate Development Site Lease Agreement with Hyperion Farms, LLC (Hyperion)
(Termination Agreement) for the lease of property at the North County General
Aviation Airport, terminating the Development Site Lease Agreement (R2006-0337)
(Lease), effective November 1, 2008. SUMMARY: The Lease required
Hyperion to construct a hangar and associated improvements no later than August
28, 2008. Construction has not started, and Hyperion has asked to
terminate the Lease. The Termination Agreement provides for termination
of the Lease effective November 1, 2008, and for Hyperion to pay a termination
fee in the amount of $8,500. The Department does not object to termination of
the Lease and anticipates issuing a competitive solicitation for the lease of
property at the North County General Aviation Airport next year. Countywide (JB)
7. Staff recommends
motion to approve:
A) Amendment No. 4 to the General Consulting
Agreement with The LPA Group, Incorporated for Consulting/Professional Services
in the amount of $400,000 and to exercise the first one (1) year renewal option
for the continued performance of professional planning and design services
related to the approved Palm Beach County Airports Capital Improvement Program;
and
B) a Budget Transfer of $400,000 in the Airports
Improvement and Development Fund for Consulting/Professional Services.
SUMMARY:
The Consulting Agreement (R2006-2418)
with The LPA Group, Incorporated for general airport planning and design was
approved on November 20, 2006 in the amount of $1,420,544 in order to carry out
the approved Capital Improvement Programs for the County’s Airports. The
Agreement is for two (2) years with two (2) – one (1) year renewal
options. Amendments 1-3 were approved
for a net increase in the amount of $3,556,731.50. Approval of Amendment No. 4 in the amount of
$400,000 will provide funds to complete miscellaneous planning, engineering and
construction services, including possible construction management services for
several projects currently under design, as well as various planning and
engineering tasks that may arise. This
Amendment will also allow the County, at its sole discretion, to exercise the
first one (1) year renewal option for the continuation of services provided
under this Agreement. Certain tasks
performed during the term of this Amendment may be eligible for State and
Federal grant participation. The
Disadvantaged Business Enterprise (DBE) Goal for the one (1) year renewal
option is 25%. The DBE participation for
this Amendment is 0.0%. The total DBE contract goal including all amendments is
17.91%. Countywide (JCM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
8. Staff recommends
motion to approve:
A) a Construction Manager Authorization for Task No. M-2 under the Construction
Manager (CM) at Risk Contract with The Morganti Group, Inc. in the amount of $2,058,000
for construction phase services to re-construct the Fixed Base Operator (FBO)
terminal and maintenance hangar building at Palm Beach County Glades Airport
(PHK); and
B) a Budget Amendment of $774,553 in the Airports
Improvement and Development Fund to establish budget for Florida Department of
Transportation (FDOT) Grant Funding and to establish the project expenditure
budget of $2,058,000; including a transfer from Reserves in the amount of
$1,283,447.
SUMMARY: The Department of Airports requested proposals
for CM at Risk Services for miscellaneous repair, replacement and improvement projects
to be completed at Palm Beach International Airport (PBI), Lantana Airport
(LNA), North County General Aviation Airport (F45) and Pahokee Airport (PHK). Based on this request, eight (8) proposals
were received on October 2, 2007 and two (2) firms were selected. On May 20, 2008, the Board approved contracts
with the firms of The Morganti Group, Inc. (R2008-0850) and David Brooks
Enterprises, Inc. (R2008-0848) to provide these services. Task No. M-1 for The Morganti Group, Inc. was
approved by the Board on May 20, 2008 (R2008-0850.1) in the amount of $1,089,000.
The services provided in this Construction Manager Authorization constitute the
second task to be assigned to The Morganti Group, Inc. Task No. M-2 is in the amount of $2,058,000
and establishes a construction time of 270 calendar days. Reserves used for this project were funded by
insurance proceeds received for damages incurred by 2004-2005 hurricanes. The
Small Business Enterprise (SBE) participation
for this Task is .09%. The total
SBE contract participation including Task M-2 is .43%. Countywide (JCM)
9. Staff recommends
motion to receive and file: three (3) original Agreements for the Department
of Airports:
A)
License Agreement with Palm Beach Transportation Group, LLC to use Airport
Property, commencing September 12, 2008, expiring October 31, 2008,
automatically extended on a month-to-month basis thereafter (JB);
B)
License Agreement with Vanguard Car Rental USA, Inc. to use Airport
Property exclusively for short term storage of operable vehicles, commencing September
7, 2008, expiring September 30, 2008 (JB); and
C) Consent to Sublease
for Northwest Airlines, Inc. with JET Aircraft Maintenance, Inc. commencing April
24, 2008 (JB).
SUMMARY: Delegation
of authority for execution of the standard County agreements above was approved
by the BCC in R94-1453D and R2007-2070. Countywide
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) appoint Greenberg Traurig as Bond Counsel and Nabors Giblin as Disclosure Counsel for the Series 2009 Water & Sewer Revenue Bonds to be issued under the Reclaimed Water Agreement with Florida Power and Light dated May 20, 2008; and
B) approve the Bond Counsel Agreement with Greenberg Traurig, P.A.
SUMMARY: On May 20, 2008,
the Board approved: A) Reclaimed Water Agreement with Florida Power and Light
(FP&L) to supply reclaimed water for the West County Energy Center; B)
Interlocal Agreement with East Central Regional Wastewater Treatment Facilities
Operation Board and the City of West Palm Beach (WPB) related to the
construction, operation and maintenance of reclaimed water facilities; C)
Interlocal Agreement with WPB related to reclaimed water service and various
Consultant Services Agreements (R2008-0906 through R2008-0911) related to the
projects. The bonds are expected to be
issued in April 2009 and FP&L has requested that the County appoint Bond
Counsel to provide legal guidance with respect to the bonds. The above firms are next on the rotation list
for Bond Counsel and Disclosure Counsel. The Agreement for Bond Counsel
services with Greenberg Traurig (appointed as County Bond Counsel on October 7,
2008) should be approved at this meeting.
Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 2 to contract with DCOTA Contracting,
Inc. (R2006-2218) to implement the second renewal of an annual Residential Contract.
SUMMARY: Amendment No. 2 is a
renewal to the Annual Contract-Residential which was awarded to DCOTA
Contracting, Inc. as one (1) of seven (7) approved participants. The contractor will continue to perform on
projects for various facilities. The annual Residential Contract is an
indefinite-quantity Contract and this renewal has a maximum value of
$499,999.99. The renewal term is twelve (12) months or until $499,999.99 in
work orders are issued. Staff is
bringing forward the Amendment at this time based on expiration of term. All terms of the original Contract remain in
effect. This is the second of four (4) extensions
allowed by the Contract. SBE goals for
the residential contracts are 15%. DCOTA’s participation for work orders issued
to date is 23.5%. (FD&O Admin) Countywide (JM)
2. Staff recommends
motion to approve: Amendment No. 2 to contract with Andrea
Construction, Inc. (R2006-2214) to implement the second renewal of an annual
Residential Contract. SUMMARY:
Amendment No. 2 is a renewal to the Annual Contract-Residential
which was awarded to Andrea Construction, Inc. as one (1) of seven (7) approved
participants. The contractor will
continue to perform on projects for various facilities. The annual Residential Contract
is an indefinite-quantity Contract and this renewal has a maximum value of
$499,999.99. The renewal term is twelve
(12) months or until $499,999.99 in work orders are issued. Staff is bringing forward the Amendment at
this time based on expiration of term.
All terms of the original Contract remain in effect. This is the second
of four (4) extensions allowed by the Contract. SBE goals for the Residential Contracts are
15%. Andrea’s participation for work
orders issued to date is 100%. (FD&O Admin) Countywide (JM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
3. Staff recommends
motion to approve: Amendment No. 2 to contract with All-Site
Construction, Inc. (R2006-2215) to implement the second renewal of an annual
Residential Contract. SUMMARY: Amendment
No. 2 is a renewal to the Annual Contract-Residential which was awarded to
All-Site Construction, Inc. as one (1) of seven (7) approved participants. The contractor will continue to perform on
projects for various facilities. The annual Residential Contract is an
indefinite-quantity Contract and this renewal has a maximum value of $499,999.99. The renewal term is twelve (12) months or
until $499,999.99 in work orders are issued.
Staff is bringing forward the Amendment at this time based on expiration
of term. All terms of the original Contract
remain in effect. This is the second of
four (4) extensions allowed by the Contract. SBE goals for the Residential Contracts are
15%. All-Site’s participation for work
orders issued to date is 100%. (FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No. 2 to contract with Joe Schmidt
Construction, Inc. (R2006-2217) to implement the second renewal of an annual
Residential Contract. SUMMARY: Amendment
No. 2 is a renewal to the Annual Contract-Residential which was awarded to Joe
Schmidt Construction, Inc. as one (1) of seven (7) approved participants. The contractor will continue to perform on
projects for various facilities. The
annual Residential Contract is an indefinite-quantity Contract and this renewal
has a maximum value of $499,999.99. The
renewal term is twelve (12) months or until $499,999.99 in work orders are
issued. Staff is bringing forward the Amendment
at this time based on expiration of term.
All terms of the original Contract remain in effect. This is the second
of four (4) extensions allowed by the Contract.
SBE goals for the Residential Contracts are 15%. Schmidt’s participation for work orders
issued to date is 100%. (FD&O Admin) Countywide (JM)
5. Staff recommends motion to approve: Amendment No. 1 to the contract with Hedrick Brothers Construction, Inc. (R2007-1506) for construction management services for the Dubois historic home renovations establishing a Guaranteed Maximum Price (GMP) in the amount of $357,850. SUMMARY: Amendment No. 1 is for the Dubois historic home renovations and establishes a GMP of $357,850 and 98 calendar days to complete the construction. The work included in this Amendment will harden the exterior and make the building water tight. 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%. The participation for this project is 0%. There are no opportunities for SBE contractors who provide the specialized products and services needed for this historic renovation. (Capital Improvements Division) District 1 (JM)
6. Staff recommends motion to approve: Amendment No. 1 to the annual contract (R2006-2228) with L.D. Astorino Architects, Inc., for professional architectural services on a continuing contract basis. SUMMARY: L.D. Astorino Architects, Inc. was selected to provide professional architectural services for small construction projects generally with construction values less than $1,000,000 associated with the Job Order Contracting system. The Board approved an annual Contract on October 17, 2006. The original Contract provided for an initial two (2) year term with three (3) – one (1) year renewal options. Amendment No. 1 would provide for services during the first renewal period. L.D. Astorino Architects, Inc. has an M/WBE-SBE participation goal of 35%. During the first year of the Contract, L.D. Astorino Architects, Inc., has achieved 34.5% participation. (Capital Improvements Division) Countywide (JM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
7. Staff recommends
motion to approve: Amendment No. 1 to the contract with Catalfumo
Construction, Ltd. (R2007-1217) in the amount of $3,200,993.63 establishing a
Guaranteed Maximum Price (GMP) for Palm Tran’s West Palm Beach Intermodal
Transit Facility (ITF). SUMMARY: Amendment No. 1 will implement the
construction of a new bus loop with 18 bus parking spaces, a public restroom,
vending services, and a passenger vehicle drop off lane adjacent to the
existing Seaboard Train Station in downtown West Palm Beach. The Intermodal Transit Facility is to be
operated and maintained by Palm Tran, and will enhance the public ground
transportation network by bringing together the commuter rail and bus systems
in a manner which facilitates transfer between the different modes of public
transportation. The SBE participation goal is 15%. Catalfumo’s GMP includes participation of
20.1%. The construction time is 190
calendar days. This project is funded with
a State grant and no local match is required. (Capital Improvements Division) District
7 (JM)
8. Staff recommends motion to approve: a Declaration of Easement in favor of the Palm Beach County Water Utilities Department for a reclaimed water meter and appurtenant facilities to provide supplemental irrigation water for median landscaping in Vista Center. SUMMARY: The reclaimed water meter and appurtenant facilities are scheduled to be installed on County-owned land at the Operations and Support Center located at 2633 Vista Parkway, north of Okeechobee Boulevard and west of Florida’s Turnpike. These facilities will enable the recently installed median landscaping to be irrigated with supplemental water from the County’s Central Region Reclaimed Water Facility. The easement area is approximately 20 feet long and 15.5 feet wide for a total area of 312 square feet (0.007 acres). The Declaration will be recorded to provide notice of the existence and location of the easement. (PREM) District 2 (JM)
9. Staff recommends
motion to approve: JOC Work Order No. 08-161 with H.A. Contracting
Corp., (R2007-0944) in the amount of $215,203.64 to provide renovations to the
Yamato-kan museum building at Morikami Museum and Japanese Gardens in Delray
Beach. SUMMARY: The work consists
of interior modifications necessary to accommodate a new exhibit, staining of
the exterior deck, upgraded security systems, and a new concrete monument
sign. The SBE goals are 15%. The SBE participation in this Work Order is
17.46%. When the participation for this
Work Order is added to H.A.’s total participation to date, the resulting values
are 15.1%. The total construction
duration is 120 days. This work will comply with all applicable local, state
and federal codes and regulations. (FDO Admin) Countywide/District 5
(JM)
10. Staff recommends motion to approve: a First Amendment to the agreement (R2006-0074) with Barton Security Services, LLC d/b/a Allied Barton Security Systems allowing for interoperable communications through the Countywide and EMS common groups of the County’s 800MHz Radio System. SUMMARY: The Agreement which provides the terms and conditions under which Barton can program into its radios and utilize the countywide and EMS common talk groups for certain types of inter-agency communications will expire on January 9, 2009. The Agreement provides for one (1) – three (3) year renewal but renewals require approval by both parties. Barton has approved a renewal to extend the term of the Agreement until January 10, 2012. The renewal now requires Board approval. The Agreement may be terminated by either party, with or without cause, with a minimum of eight (8) months notice. (ESS) Countywide (JM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
11. Staff recommends motion to approve: a Construction, Joint Use and Easement Agreement with developer GL Homes, d/b/a Boynton Beach Associates X, LLP and Boynton Beach Associates XVIII, LLP (GL Homes). SUMMARY: On May 18, 2004, the County and GL Homes of Florida, d/b/a Boynton Beach Associates X, LLP, entered into an Exchange and Civic Site Dedication Agreement (R2004-936), whereby developer GL Homes set aside 43.69 acres of property in western Boynton Beach for conveyance to the County and which will be used as a public civic site credit towards future GL Homes residential projects. In June 2004, 32.89 acres was conveyed to the County and a 10.8-acre civic site remains to be conveyed to the County. The final 10.8-acre portion is currently a vacant pod within the GL Homes commercial project known as the Canyons Town Center, located at the southeast corner of Boynton Beach Boulevard and Lyons Road. The Canyons Traditional Marketplace Development (TMD) conditions of approval require GL Homes to construct a multi-purpose recreational field, a temporary parking area and an amphitheater on the 10.8-acre future civic site. This Construction, Joint Use and Easement Agreement set forth the requirements and obligations of the parties with respect to the civic site and Canyons Town Center property. GL Homes’ obligations under this Construction, Joint Use and Easement Agreement include: i) construction of the amphitheater, temporary parking area and the recreational field; ii) building bathrooms within the amphitheater; iii) allowing the County cross access and uninhibited parking over the Canyons site; iv) building common roads over the civic site at GL Homes’ sole cost and expense; v) paying the County a $44,000 annual maintenance contribution, subject to certain criteria, for a potential maximum of eight (8) years; and vi) reimbursing the County a proportionate share of the bathroom maintenance costs. The County’s obligations include: i) paying 50% of the cost of bathroom construction within the amphitheater or $40,000, whichever is less; ii) maintaining the bathrooms; iii) providing security, maintenance and programming for the amphitheater, temporary parking area and recreational field; iv) allowing GL Homes cross access and uninhibited parking over the 10.8-acre future County civic site; and v) upon completion of the County’s first permanent County improvement on the 10.8-acre civic site, paying a 28.72% share of the annual maintenance for the rural parkway easement along Lyons Road. (PREM) District 5 (HJF)
12. 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
Lantana Road Library. SUMMARY: The County is developing a new Library at the
southwest corner of Lantana Road and Lawrence Road in unincorporated Lake
Worth. FPL requires a utility easement for the installation of underground
power lines and a pad mounted transformer to provide primary power to the new
library. The easement area is 10' wide
and covers an area of 617 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
3 (JMB)
13. 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 Performing Arts Pavilion located in Carlin Park, Jupiter. SUMMARY: The County is developing a new amphitheater on the west side of State Road A-1-A, south of Indiantown Road in the Town of Jupiter. FPL requires a utility easement for the installation of underground power lines and a pad mounted transformer to provide primary power to the new Performing Arts Pavilion. The easement area is 10' wide by 1,252’ long, and contains 12,520 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 1 (JMB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
14. Staff recommends
motion to approve: exercise
of the first option to
extend the term of the Lease Agreement with Palm Beach Gardens Community
Hospital, Inc. (R2004-0324) for the continued use of rooftop antenna space
located on the Palm Beach Gardens Community Hospital at an annual rate of
$1/yr. SUMMARY: The County’s Emergency Management Services
currently leases rooftop space at the Palm Beach Gardens Community Hospital
(PBGCH) located at 3360 Burns Road in Palm Beach Gardens, for the operation of
EMS communications equipment. The initial term of the Agreement was for five
(5) years, ending on February 23, 2009, with two (2) extension options, each
for a period of five (5) years. This option will extend the term of the Lease
Agreement for five (5) years, from February 24, 2009, through February 23,
2014. The annual rent for this extension
period is $1. (PREM) District 1 (JMB)
15. Staff recommends
motion to approve: a Concessionaire Service Agreement with Tennis
Insights, Inc. for operation of the Tennis & Racquetball Center located in
South County Regional Park. SUMMARY: The Parks and Recreation Department
desires to continue to provide services for the operation of the tennis and
racquetball center at South County Regional Park through a concession
operation. The current vendor, Tennis Insights,
Inc., operates under a Contract for concession services issued through the
County’s Purchasing Department which expires on October 31, 2008. In August 2008, PREM advertised a Request for
Proposals for the continuation of this concession. Proposals were received from
three (3) respondents, Tennis Insights, Inc., Palm Tennis Management Group, LLC
and Euro Tennis, Inc. A Selection
Committee, consisting of four (4) representatives from the Parks and Recreation
Department and one (1) from the Property and Real Estate Management Division,
reviewed the proposals and ranked Tennis Insights, Inc.’s proposal the
highest. Tennis Insights, Inc. shall
provide services consisting of the operation of a 2,000 sq. ft. pro shop,
nineteen (19) tennis courts and twelve (12) racquetball courts. The initial term of the Agreement is for
three (3) years, ending October 31, 2011, with three (3) options to renew each
for one (1) year. The annual rent is
$13,200, to be paid in equal monthly installments of $1,100 with annual four
percent (4%) increases. Tennis Insights,
Inc. has posted a $1,000 security deposit.
The sole shareholder and principal of Tennis Insights, Inc., Peter
Davis, has executed a personal guaranty of the Concessionaire Service Agreement.
(PREM) District 5 (JMB)
16. Staff recommends
motion to approve: a First Amendment to the Interlocal Agreement (R2003-1074)
with Town of Lake Clarke Shores (Town) allowing for interoperable
communications through the Countywide and EMS common groups of the County’s
800MHz Radio System. SUMMARY: The Agreement which provides the terms
and conditions under which the Town can directly access the County’s 800 MHz
Radio System expired on July 15, 2008.
The Agreement provides for three (3) – five (5) year renewals but
renewals require approval by both parties.
The Town has approved a renewal to extend the term of the Agreement
until July 15, 2013 as originally contemplated.
The renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies. The Agreement may
be terminated by either party, with or without cause. (ESS) Countywide
(JM)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: a Mortgage and Note Modification Agreement with
Thelma Hudson, to adjust the terms of the indebtedness created in connection
with the Property Rehabilitation Program. SUMMARY:
This Mortgage and Note Modification Agreement adjusts the terms of indebtedness
created through a mortgage and promissory note, in the amount of $9,250,
executed by Ms. Hudson on December 15, 1999, in connection with funding she
received through the Property Rehabilitation Program. Ms. Hudson received $18,500 in financial
assistance to rehabilitate her home at 1364 West 28th Street,
Riviera Beach, FL 33404. A mortgage, in favor of Palm Beach County, in the
amount of $18,500 was taken in exchange for this assistance. The mortgage was
secured by two (2) promissory notes in the amount of $9,250 each. The terms of
one (1) promissory note were set as a conditional grant with no repayment
required. The terms of the second promissory note were set as a repayable loan
obligating Ms. Hudson to make monthly mortgage payments. Ms. Hudson qualified
and received assistance while she was employed, and her mortgage payments were
based on her ability to pay relying on her income at that time. As an elderly homeowner, she is no longer
able to make these payments with her fixed social security income and her
pension. Authorization is requested to modify the indebtedness pf $1,335.52 created
by the second promissory note from a repayable loan to a conditional grant. The requested funds are federal Community
Development Block Grant dollars that require no local match. District 7
(TKF)
2. Staff recommends motion to approve: a SHIP subsidy loan of $60,000 from the State Housing Initiative Partnership (SHIP) Program for County employee Christopher Daeumler. SUMMARY: Christopher Daeumler is a single male who has been employed with Palm Beach County Board of County Commissioners since 2006. The sales price of the property being purchased is $138,000, and the appraised value of the housing unit is $153,000. The home is located in Lake Park. Mr. Daeumler secured a first mortgage loan of $73,080 and is eligible to receive $60,000 in SHIP subsidy assistance. The subsidy assistance provided by Palm Beach County consists of $60,000 in SHIP assistance secured by a mortgage and promissory note. No monthly repayment of the subsidy is required if the property remains owner-occupied by Mr. Daeumler for the next thirty (30) years. If the property is not continuously occupied by Mr. Daeumler for the next thirty (30) consecutive years, the entire $60,000 must be repaid to Palm Beach County. The Commission on Affordable Housing Advisory Board approved this request on September 25, 2008. Countywide (TKF)
3. Staff recommends
motion to approve: a Conditional
Grant Agreement with Neighborhood Renaissance, Inc., for $375,000 in State
Housing Initiative Partnership (SHIP) Single Family Home Ownership Development
Program funds. SUMMARY: Palm Beach County Housing and
Community Development (HCD) through its Commission of Affordable Housing (CAH)
provides SHIP financing to local developers to facilitate increased affordable
homeownership opportunities. This Agreement provides $375,000 toward the
construction of five (5) single family homes on various sites for very low-income
families. Additional project financing is being provided by Comerica Bank,
Local Initiatives Support Corporation (LISC), and National City Mortgage
Corporation. These homes will have a
thirty
(30) year affordability period. This
Neighborhood Renaissance project was reviewed and recommended by the Commission
on Affordable Housing’s Advisory Committee on May 29, 2008; and conceptually
approved by the Palm Beach County Board of County Commissioners on June 17,
2008. These are State funds which
require no local match. District 7 (TKF)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
4. Staff recommends motion to approve: twenty (20) Agreements under the FY 2008-2009 Community Development Block Grant (CDBG) Program totaling $891,251 to nineteen (19) non-profit agencies and one (1) municipality, in the amounts and for the activities indicated below, for the period October 1, 2008, to September 30, 2009:
A) Adopt-A-Family of the Palm Beaches, Inc. - $32,000 for the provision of transitional housing and case management services to at least 145 homeless persons under Project SAFE;
B) Aid to Victims of Domestic Abuse, Inc. - $50,000 for the provision of transitional housing and operation of the STEPS program for up to 81 victims of domestic abuse per month;
C) Children’s Home Society of Florida, Inc. - $80,400 for the provision of case management at Transitions House to benefit seven (7) homeless teenage mothers and their babies;
D) Children’s Place at Home Safe, Inc. - $65,000 for the provision of emergency residential care and shelter to 160 abused and neglected children, ages newborn to 18;
E) Coalition for Independent Living Options, Inc. - $30,000 for the provision of emergency meals for 80 individuals with severe disability;
F) Community Caring Center of Boynton Beach, Inc. - $15,000 for the administrative cost to carry out the Emergency Food, Shelter and Financial Aid Program slated to benefit 450 persons;
G) Faith-Hope-Love-Charity, Inc. - $20,000 for the provision of transitional housing , case management and other residential services to at least 42 homeless veterans at the Stand-Down House facility;
H) Florida Resource Center for Women and Children, Inc. - $45,000 for the provision of emergency shelter and support services to 100 women and children who are victims of domestic violence;
I) Healthy Mothers/Healthy Babies, Inc. - $55,751 for the provision of assistance to 800 uninsured low-income pregnant women in accessing health care;
J) Juvenile Transition Center, Inc. - $25,000 to fund operating cost of the ESTEEM Ambassadors Program which will prepare seven (7) low- and moderate-income youths for ACT and SAT;
K) Legal Aid Society of Palm Beach County, Inc. - $124,800 for the provision of fair housing education, outreach, advocacy and enforcement activities in Palm Beach County through the Agency’s Fair and Affordable Housing Advocacy Project. Specifically, at least 72 persons will be provided with enforcement or counseling services; 24 Fair Housing Workshops to various citizen and professional groups will be conducted; and efforts will be made to identify illegal practices in rental, sales, mortgage, insurance, and advertising. Special focus will be placed on foreclosure issues;
L) Place of Hope, Inc. - $40,000 for the provision of transitional housing and support services for 46 abused and/or neglected children in foster care at the agency’s Paxton Campus;
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Motion/Title
Continued
M) Redlands Christian Migrant Association - $39,547 to be used as local match for the operation of two child development centers, namely, Belle Glade Child Development Center and the RCMA Farmworker Child Development Center, to serve 169 children of migrant farmworkers;
N) Sickle Cell Foundation, Inc. - $33,000 for the provision of an outreach program, counseling, and case management services to 144 unduplicated individuals who have the sickle cell disease or the sickle cell trait;
O) The ARC of Palm Beach County, Inc. - $75,000 for the provision of employment services and training to 195 persons with development disabilities;
P) The Lord’s Place, Inc. (Café Joshua) - $20,000 for the training of 20 homeless persons under the Chef’s/Catering Apprentice Job Training Program;
Q) The Salvation Army- $17,600 provision of transitional housing and support services to 275 homeless individuals at the Center of Hope transitional housing facility;
R) Urban League of Palm Beach County- $21,959 for operation of the Comprehensive Housing Counseling Program to provide housing counseling services to 264 persons;
S) West Jupiter Community Group, Inc. - $45,000 for the provision of after school services to 115 disadvantaged children residing in the West Jupiter area monthly; and
T) City of South Bay - $56,194 for activity delivery cost associated with the implementation of 20 CDBG funded housing rehabilitations and ten (10) CDBG funded demolitions.
SUMMARY: The FY 2008-2009 Action Plan approved by the BCC on July 22, 2008, allocated $891,251 of CDBG funds for the provision of public services, fair housing activities and activity delivery cost of a Glades municipality to implement CDBG funded community development activities. These Agreements will allocate the approved funding as follows: $710,257 to eighteen (18) subrecipients for the provision of public services; $124,800 to one (1) subrecipient for the provision of fair housing services; and $56,194 to one (1) municipality for delivery cost associated with implementation of CDBG funded community development activities. These are Federal funds that require no local match. Countywide (TKF)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends motion to approve: thirteen (13) Agreements totaling $289,330 for the FY 2008-09 Emergency Shelter Grants Program (ESGP) with the following non-profit agencies, in the amounts and for the activities indicated, for the period October 1, 2008, to September 30, 2009:
A) Adopt-A-Family of the Palm Beaches, Inc. -
$22,860 for provision of emergency rent and mortgage assistance to prevent
homelessness for 102 individuals;
B) Aid to Victims of Domestic Abuse, Inc. -
$22,860 for operation and maintenance of a transitional housing facility to
benefit 270 homeless women and children victims of domestic violence;
C) Children’s Case Management Organization,
Inc. - $22,860 to provide emergency shelter and food through motel vouchers and
food vouchers for 120 individuals; and emergency rent, mortgage and utilities
payments to prevent homelessness for 285 individuals;
D) Children’s Home Society of Florida, Inc. -
$22,870 to provide food for 300 homeless youths at the Safe Harbor Runaway
Center, an emergency shelter for homeless youths; and to provide food for up to
14 homeless mothers and their babies at Transitions Home, a transitional
housing facility for pregnant and mothering teenage women and their babies;
E) Children’s Place at Home Safe, Inc. -
$22,860 for utilities expenses at The Children’s Place South Campus in Boca
Raton which to provides emergency
shelter and 24-hour care to 100 abused,
neglected and homeless children;
F) Community Caring Center of Boynton Beach,
Inc. - $22,860 for: emergency shelter for 60 homeless individuals through the
use of motel vouchers and food vouchers; essential services through provision
of personal hygiene items, medication, and identification to 98 individuals;
and emergency rent, mortgage and utilities payments to prevent homelessness for
352 individuals;
G) Faith-Hope-Love-Charity, Inc. - $22,860 for
operation and maintenance of Stand-Down House to provide emergency shelter for
108 homeless veterans; and for standardized needs assessment testing of
Stand-Down House Residents by a licensed psychologist;
H) Farmworker Coordinating Council - $22,860
for emergency rent, mortgage and utilities payments to prevent homelessness of
240 farmworker individuals;
I) Florida Resource Center for Women and
Children, Inc. - $22,860 for: operation and maintenance expenses for an
emergency shelter serving 100 victims of domestic abuse; and provision of
essential service through purchase of prescription medications for 41 victims
of domestic abuse;
J) The Lord’s Place, Inc. (Family Shelter) -
$22,860 for operation expenses for a transitional housing facility for 180
individuals in families;
K) The Lord’s Place, Inc. (Café Joshua) -
$22,860 for operation expenses of Café Joshua, to provide meals and other day
shelter services for 2251 homeless guests who are referred for support services
by other provider agencies throughout the County;
L) The Salvation Army- $22,860 for operation
expenses of a transitional housing facility to house and provide homeless
services to 275 homeless individuals; and
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
5. Motion/Title Continued
M) The Urban League of Palm Beach County -
$15,000 for provision of emergency rent and utilities assistance to prevent
homelessness for 100 individuals.
SUMMARY: Palm Beach County will receive a total of $304,558 in ESGP funds for FY 2008-2009 to provide assistance countywide the homeless and those at risk of becoming homeless. Prior to allocating funding to agencies undertaking homeless and homeless prevention activities, Palm Beach County deducted $15,228 (5.0% of the initial amount) from the total entitlement to be used to cover some of the cost incurred in administering the program. Consequently, an amount of $289,330 was available for distribution. These funds will be used for the operation and maintenance of emergency shelters and transitional housing facilities, essential services to the homeless, and homeless prevention activities. The use of these federal funds requires a matching contribution which will be provided by the agencies. Countywide (TKF)
6. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2007-1326) with
the In The Pines, Inc., to extend the expiration date from November 30, 2008,
to August 15, 2009. SUMMARY: This Agreement provides In The Pines, Inc. $3,300,000 in
2005 Disaster Recovery Initiative Program funds for the In The Pines North
townhouse rental housing project, located at 12955 Hagen Ranch Road, in the
City of Delray Beach. The Amendment
provides an extension of nine (9) months to the term of the existing Agreement
due to delays associated with obtaining building permits. In The Pines, Inc. has secured all other
financing necessary to complete the construction of this affordable housing
project. These are federal funds that require no local match. District 5
(TKF)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. 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);
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; and
C) approve a Budget Amendment of $300,000
in the Water Utilities Department Capital Improvement Fund.
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).
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
an 8” pipeline 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.
The Department
recommends utilizing an in-house construction crew for the construction of the
new 8” pipeline. The District shall
contribute $300,000 towards the cost of construction. This project is exempt from the provisions of
Section 255.20, Florida Statutes, as this project qualifies as the repair or
maintenance of an existing public facility. District 1 (MJ)
2. Staff recommends
motion to receive and file: Unilateral
Termination and Partial Release of Standard Potable Water and Wastewater
Development Agreements Due to Non-Renewal for the following property owners:
Termination of Standard Development
Agreements
A) Fernando
Negrin (District 6) 01-01116-000 B) ZS Properties, LC (District 5) 05-01057-000
SUMMARY: The terms and conditions for Standard and Non-Standard Development Agreements are outlined in the Water Utilities Department’s Uniform Policies and Procedures Manual (UPAP). Development Agreements are valid for a period of five (5) years and may be renewed for an additional five (5) years by paying an additional Mandatory Agreement Payment (MAP). If the additional MAP is not paid or the Agreement has reached its ten (10) year expiration date, the Agreement is terminated. This agenda item recommends the Board receive and file the terminations. Countywide (SF)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Budget Transfer of $1,388,000 in the Unit 11 Stewardship Fund from Reserves to the Unit 11 Acquisition and Enhancement Fund; and
B) approve Budget Amendment of $1,388,000 in the Unit 11 Acquisition and Enhancement Fund to recognize the transfer from the Unit 11 Stewardship Fund to fund the acquisition of Unit 11 Properties within the Hungryland Slough Natural Area.
SUMMARY: This action will appropriate a portion of the
budget for the payment of parcels in Unit 11 that have been acquired by the
County through eminent domain and for which a final value has not been
established. The final cost to the County will be determined either via
pretrial settlement or by a 12 member jury. Thirty-two (32) out of the
remaining unsettled 60 natural area parcels are scheduled to go to trial on
December 8, 2008. The other 28 parcels have not been set for trial. The funds
in the Unit 11 Stewardship Fund originate from mitigation funds received as a
result of permit requirements imposed on various developments by the South
Florida Water Management District. These funds have been deposited into the Unit
11 Stewardship Fund expressly for the purpose of acquiring, enhancing, and
managing land within the Unit 11 mitigation area. Expenditures in the Unit 11
Stewardship Fund are limited to the earnings on principal. District 1 (JMB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to:
A) approve Grant Contract (Contract) with Florida Communities Trust (FCT) that specifies the State standards for acquisition which the County must meet in order to receive Florida Forever Revenue Bond proceeds, partially covering acquisition expenses for the Cypress Creek Natural Area Phase IV grant application. The Contract also requires the County to manage the natural area solely for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource-based public outdoor recreation. The maximum amount of the grant award is 28 % of the total approved project costs ($6,300,000); and
B) authorize the County Administrator, or his designee, to execute all documents in connection with this Grant on behalf of the County, including but not limited to the Grant Reconciliation Statement, statements submitted as a part of the Project Plan, any addenda to this Contract, and the Declaration of Restrictive Covenants (DRC) and Grant Award Calculation (Calculation), provided that such documents do not change the scope of work or terms and conditions of the Contract.
SUMMARY: The purchase of the Cypress Creek Natural Area Phase IV property (R2006-2139) from Jupiter Ranch, Inc., was part of the County’s Conservation Lands Acquisition Program. The Cypress Creek Natural Area Phase IV was used as unique identifier for the property included in this FCT grant application. Approval of this Contract is the first step necessary for State participation in cost sharing under the State’s Florida Forever Grant Program. The Contract requires the County to have followed standards for acquisition that are generally the same as those adhered to by the County for all of its conservation land acquisitions; to submit to an audit; and to develop a Project Plan. The Project Plan must include a Management Plan that identifies the public access facilities that will be constructed on the site, management activities that will be used to preserve, restore and protect the existing natural and historic resources, and the permitted passive recreational activities. Approval of the Project Plan by FCT is required before funds will be disbursed. If the Project Plan is approved within the time allotted by the Contract, the County will be asked to execute a DRC and a Calculation. The DRC will contain those terms and conditions of the Contract which are still applicable and the Calculation will detail the final approved acquisition costs and the share of those costs paid by the County and State. Due to the standard nature of the Contract requirements and short turn-around allotted for DRC and Calculation processing, authorization is requested for the County Administrator, or his designee, to execute all future documents associated with this grant. District 1 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Agreement
with Community Resource Center of Coleman Park, Inc. for the period October 21,
2008, through March 31, 2009, in an amount not-to-exceed $5,000 for funding
Youth MIC Night Variety Shows. Summary:
This funding is to help offset costs incurred by Community Resource Center
of Coleman Park, Inc. for Youth MIC Night Variety Shows held at Roosevelt
Middle School. Between 80 and 150 youth
participate in each of the on-going shows. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to December 15,
2007. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds. District 7 (AH)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: Agreement with Boynton Beach Police Athletic League,
Inc. for the period October 21, 2008, through December 30, 2008, in an amount
not-to-exceed $5,000 for funding of the Boynton Beach Bulldogs’ trip to
participate in the Youth Championship Bowl trip to Orlando. Summary: This
funding is to help offset costs for the Boynton Beach Bulldogs’ trip to
participate in the first annual Turkey Bowl Youth Classic Championship held in
Orlando in November of 2007. Sixty-six
(66) football players from Palm Beach County participated in the event. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to November 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District 7 (AH)
3. Staff recommends
motion to approve: Agreement
with United Sports and Social Club, Inc. for the period October 21, 2008,
through January 30, 2009, in an amount not-to-exceed $5,000 for funding of the
Celebration in the Park event. Summary: This funding is to help
offset costs for the Celebration in the Park event hosted by United Sports and
Social Club, Inc. on August 3, 2008, to celebrate Jamaican Independence. The event attracted approximately 5,000
participants. The Agreement allows for the reimbursement of eligible expenses
incurred subsequent to June 1, 2008.
Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 6 (AH)
4. Staff recommends
motion to approve: Agreement
with Junior Golf and Academics of America, Inc. for the period October 21,
2008, through December 30, 2008, in an amount not-to-exceed $4,000 for funding
of the Summer Golf Program. Summary: This funding is to help
offset costs for a basic golf instruction summer program offered by Junior Golf
and Academics, Inc. for the West Palm Beach Police Athletic League and the
Beacon Center of Riviera Beach. Approximately 77 youth participated in the
programs. The Agreement allows for the reimbursement of eligible expenses
incurred subsequent to July 1, 2008.
Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
5. Staff recommends
motion to approve: Agreement
with Community Back to School Bash, Inc. for the period October 21, 2008,
through December 30, 2008, in an amount not-to-exceed $5,000 for funding of the
annual Community Back to School Bash event. Summary: This funding is to assist with the
cost of the 2008 Community Back to School Bash event. The main event was held at the Palm Beach
County Convention Center on August 2, 2008. The Community Back to School Bash
served approximately 8,500 participants. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to April 23, 2008. Funding is from the Recreation Assistance
Program (RAP) District 2 Funds. District 2 (AH)
6. Staff recommends
motion to approve: Agreement
with Keep Palm Beach County Beautiful, Inc. for the period October 21, 2008,
through December 30, 2009, in an amount not-to-exceed $7,500 for funding of the
Elders’ Cove eco-art restoration project in Dreher Park. Summary: This
funding is to assist with the cost of Keep Palm Beach County Beautiful’s
Elders’ Cove group restoration of an eco-art project in Dreher Park that
sustained damage from hurricanes in 2004 and 2005. The eco-art site features a learning garden
that is viewed by approximately 250,000 people annually. The Agreement allows
for the reimbursement of eligible expenses incurred subsequent to October 1,
2008. Funding is from the Recreation
Assistance Program (RAP) District 2 Funds. District 2 (AH)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to approve: Agreement
with the City of Boynton Beach for the period October 21, 2008, through
February 15, 2009, in an amount not-to-exceed $1,200 for funding of the Sand
Sifters “Be Green, Halloween” event. Summary: This
funding is to help offset costs for the City of Boynton Beach’s “Be Green,
Halloween” event held on October 4, 2008, at Oceanfront Park in Boynton
Beach. This beach clean up event
attracted approximately 125 participants.
The Agreement allows for the reimbursement of eligible expenses incurred
subsequent to July 21, 2008. Funding is
from the Recreation Assistance Program (RAP) District 4 Funds. District 4 (AH)
8. Staff recommends
motion to approve: Agreement with The National Center for Jewish
Cultural Arts, Inc. for the period October 21, 2008, through March 31, 2009, in
an amount not-to-exceed $10,000 for funding of New Vista Theatre Company
expenses. Summary: This funding is to assist with
expenses incurred by The National Center for Jewish Cultural Arts, Inc. for New
Vista Theatre Company, which will offer three musicals at West Boca Raton
Community High School during the 2008/2009 season. The performances are anticipated to attract approximately
22,000 viewers. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to October 1,
2008. Funding is from the Recreation
Assistance Program (RAP) District 5 Funds. District 5 (AH)
9. Staff recommends
motion to approve: Agreement
with Boca Flag Football and Cheerleading, Corp. for the period October 21,
2008, through October 1, 2009, in an amount not-to-exceed $5,000 for the
funding of West Boca Tackle Football equipment and expenses. Summary: This
funding is to assist with expenses incurred by Boca Flag Football and
Cheerleading, Corp. for its West Boca Tackle Football league equipment and
expenses. Boca Flag Football offers its programs at South County Regional Park
to approximately 600 youth. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to July 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 5 Funds. District
5 (AH)
10. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for West Boca Raton Community High School in an amount not-to-exceed
$40,500 for the athletic field maintenance.
Summary: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747), as amended. Funding is from the Recreation Assistance
Program (RAP) District 5 Funds. District 5 (AH)
11. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Palm Beach
Central Community High School in an amount not-to-exceed $6,000 for funding of
Athletic Department programs, uniforms, and equipment. Summary: This fully executed Request for Funding Form is for School Board RAP
allocations made in accordance with the Interlocal Agreement for the funding of
RAP Projects (R2003‑1747), as amended. Funding is from the Recreation
Assistance Program (RAP) District 6 Funds. District 6 (AH)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
12. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Wellington
Community High School in an amount not-to-exceed $3,000 for funding of soccer,
swimming, and baseball uniforms and athletic equipment. Summary: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747), as amended. Funding is from the Recreation Assistance
Program (RAP) District 6 Funds. District 6 (AH)
13. Staff recommends
motion to approve: Agreement
with the City of Pahokee for the period October 21, 2008, through July 30,
2009, in an amount not-to-exceed $4,000 for funding of holiday decorative
lighting. Summary: This
funding is to help offset costs for the City of Pahokee’s purchase of holiday lighting for the 2007 and
2008 winter holiday seasons. The
lighting is enjoyed by residents and visitors during the holiday season. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to December 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 6 Funds. District 6 (AH)
14. Staff recommends
motion to approve:
A) Tri-Party Agreement with Acme Improvement District and Boys and Girls Clubs of Palm
Beach County, Inc. for the period October 21, 2008, through October 20, 2011,
in an amount not-to-exceed $600,000 for funding of the Wellington Facility; and
B) Budget Transfer of $600,000 within the $25M
GO Parks and Cultural Improvements Bond Fund from Reserves to Boys & Girls
Clubs Wellington facility.
Summary: This Agreement provides funding for construction of the Boys and Girls
Clubs of Palm Beach County’s new Wellington facility to be located at the civic
site of Wellington Countryplace on property leased by Boys and Girls Clubs of
Palm Beach County from Acme Improvement District. Funding is from the 2002 $50
Million Recreational and Cultural Facilities Bond referendum – District 6. District
6 (PK)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
15. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of September:
A) Dawn Gunduz, Belly Dancing, West Jupiter
Recreation Center;
B) Cindy Martling, Stroller Power, West Jupiter
Recreation Center;
C) PBC Officials Association, Softball, West
Boynton Park & Recreation Center;
D) Cathy Weech, Computer Lab, Therapeutic
Recreation Complex;
E) Melissa Sackl, Water Aerobics, Therapeutic
Recreation Complex;
F) Lauren Brown, Water Exercise, Therapeutic
Recreation Complex;
G) Stacey Lazos, Yoga, Therapeutic Recreation
Complex;
H) Modern Bujutsu Karate, Florida, Inc., Martial
Arts, West Boynton Park & Recreation
Center;
I) Shelly Janssen, Dance Program, West Boynton
Park & Recreation Center; and
J) Kim Moser, Classical Fence, West Jupiter
Recreation Center
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item.
The Independent Contractor Agreements have been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts 1 & 3 (AH)
N. LIBRARY
1. Staff recommends
motion to approve:
Budget transfers of $31,435 from the remaining construction budget for the Hagen
Ranch Road Branch (formerly the West Atlantic Avenue Branch) and $68,000 from
the remaining design budget for the new West Boca Branch to increase the
project budget for the Tequesta Branch renovation from $33,745 to $133,180. The
renovation costs were paid from the Library’s Operating Funds and must be
reclassified to a capital project fund. Summary: To facilitate the renovation of the Tequesta
Branch, the project costs were paid from the Library’s operating fund. The
total project costs including construction, furniture and fixtures was
$106,734. All project expenditures are
being transferred to the increased project budget. Countywide (TKF)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve: the Third Amendment with the City of Delray Beach (R2005-2433), for $100,000 for the contract period from October 1, 2008, through September 30, 2009 to support the City Of Delray Beach “Weed and Seed efforts”. SUMMARY: The Criminal Justice Commission recommends the use of $100,000 from the Criminal Justice Reserve Fund for the continuation of “seeding” services and to extend the existing contract period to September 30, 2009. District 7 (DW)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2. Staff recommends motion to approve: a Contract with the City of Riviera Beach Civil Drug Court in the amount of $100,000 for the period October 1, 2008, through September 30, 2009. SUMMARY: On February 25, 2008, the Criminal Justice Commission (CJC) approved the use of $100,000 in Drug Abuse Trust Fund (DATF) and Criminal Justice Reserve Fund monies to provide case management services and contract for residential and outpatient substance abuse services for indigent clients court ordered to treatment through the Civil Drug Court Program located in the City of Riviera Beach. Of this amount, $52,253 is to contract with the Civil Drug Court to be for substance abuse services and $47,747 will be used for a Case Manager position. District 7 (DW)
3. Staff recommends
motion to approve: the Third
Amendment with the City of West Palm Beach (R2007-0706), for $100,000 for the
contract period from October 1, 2008, to September 30, 2009 to support the City
of West Palm Beach “Weed and Seed efforts”.
SUMMARY: The
Criminal Justice Commission (CJC) recommends the use of $100,000 from the
Criminal Justice Reserve Fund for the continuation of “seeding” services and to
extend the existing contract period to September 30, 2009. District 7 (DW)
S. FIRE
RESCUE
1. Staff recommends motion to approve: the write-off of uncollectible emergency transport patient accounts to remove these amounts from the County’s financial books for the following period:
October 1, 2004, through September 30, 2005 (FY ‘05) $3,251,034.80
SUMMARY: In December 1994, the Board authorized Fire Rescue to transport critically ill/injured patients and bill for those services. The County contracts with a private company for these billings and collections services. The County receives payment from a number of sources, including commercial insurance, Medicare, Medicaid, and private individuals. During the period October 1, 2004, to September 30, 2005, Fire Rescue generated $11,871,608.45 in gross transport billings and collected (to-date) $7,305,156 or 61.5%. After adjustments, the balance of $3,251,034.80 is currently deemed to be uncollectible and staff recommends that this amount be written-off the County’s financial books. The write-off of these accounts does not eliminate the County’s authority to continue to pursue collection of these accounts. Countywide (SB)
2. Staff recommends motion to approve: the write-off of uncollectible Fire Rescue receivables to remove these amounts from the County’s financial books for the following period:
October 1, 2003, through January 31,
2005 $19,500
SUMMARY: The County has agreements for mutual aid with qualified municipalities for the provision of emergency services throughout Palm Beach County. For the period October 1, 2003, to January 31, 2005, there is currently $19,500 in receivables related to two (2) mutual aid responses that are deemed to be uncollectible. In accordance with Countywide policy (CW-F-048), staff is recommending this amount be written-off the County’s financial books. This write-off does not include emergency transport fees which Fire Rescue seeks Board approval separately on an annual basis, nor does it forgive any debt owed the County. Countywide (SB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE (Cont’d)
3. Staff recommends
motion to approve: Memorandum of Agreement with the Children’s Services
Council of Palm Beach County providing the County funding of up to $50,000 for
the Drowning Prevention Coalition effective retroactively to October 1, 2008
for the period October 1, 2008, to September 30, 2009. SUMMARY: The
Drowning Prevention Coalition program is managed by Palm Beach County Fire
Rescue. However, the program is funded
by multiple sources including the Children’s Services Council (CSC) of Palm
Beach County and the County’s general fund.
This Memorandum of Agreement provides the terms and conditions of the
Children’s Services Council of Palm Beach County’s Agreement to provide funding
to the County of up to $50,000 for the Drowning Prevention Coalition program.
The additional funding of this program for FY 2009 is being provided from the
County’s General Fund in the amount of $150,000. Countywide (SB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to approve:
A) Interlocal Agreement with the City of Palm Beach Gardens to connect to
the Palm Beach County Wide Area Network at an annual cost of $8,400 for the initial point of connection; and
B) Interlocal Agreement with the Town of Jupiter to connect to the Palm Beach County Wide Area Network at an annual cost of $8,400 for the initial point of connection.
SUMMARY: The Information Systems Services (ISS) Department has negotiated
the proposed Interlocal Agreements with the City of Palm Beach Gardens and the
Town of Jupiter. Both organizations
desire to connect to the County’s Network which provides access to the Florida
LambdaRail. This interconnection will
enable the municipalities to gain greater bandwidth for Internet access and
disaster recovery programs while reducing overall network costs. Palm Beach Gardens and Jupiter each agree to
pay the County $8,400 annually as the initial connection fee to access the Palm
Beach County network. Per Exhibit A of
the Interlocal Agreements, fees for additional connections are set at $6,000
annually per connection. District 1 (PK)
2. Staff recommends motion to approve: Amendment No. 4 to the Technical Currency Program (TCP) Agreement with SCT Government Systems (SCT) (R2003-1017), now doing business as Affiliated Computer Systems Inc. (ACS), to provide maintenance coverage for the two (2) year period October 1, 2008, through September 30, 2010 for ten component systems of ACS Banner Courts, at a fee of $651,646 for FY 2009 and increasing by 5% in FY 2010 to $684,228. SUMMARY: The TCP License Agreement was initially entered into by Palm Beach County and SCT (now ACS) on September 29, 1998 (R1998-1540 & 1541). The Agreement provides services and benefit, including availability of software enhancements, new releases, and maintenance for all components of the Banner Courts system, including civil, juvenile, criminal and traffic court modules. The negotiated fee of $651,646 for FY 2009 represents a reduction of $290,526, or 31%, from the FY 2008 fee amount of $942,172. Countywide (PK)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
U. INFORMATION
SYSTEM SERVICES (Cont’d)
3. Staff recommends
motion to:
A) approve Amendment No. 1 to contract R2006-2518 with Woolpert, Inc. to extend the term of the contract to November 21, 2009;
B) approve Amendment No.1 to contract R2006-2517 with BAE Systems NSS Inc., to extend the term of the contract to November 21, 2009;
C) approve Amendment No.1 to contract R2006-2516 with Surdex Corporation to extend the term of the contract to November 21, 2009;
D) approve Task Order No. 1 with Woolpert, Inc. to complete color digital ortho photography for a not to exceed amount of $235,000; and
E) receive and file Surdex Task Order No. 2.
SUMMARY: Three (3) firms were selected using the Consultant Competitive Negotiations Act (CCNA) process, contracted on November 21, 2006 to perform digital ortho photography and planimetric mapping for the County (R2006-2516, R2006-2517, and R2006-2518). These Amendments exercise the first of three (3) – one (1) year renewal options set forth in the original Contracts. No additional costs are associated with these Amendments. Woolpert Task Order No. 1 is to complete color +/- 0.5 foot accuracy digital ortho photos for approximately 812 square miles in the urban areas of the County. Surdex Task Orders No. 2, which was under $100,000 and previously executed, is submitted for receive and file purposes. Countywide (PK)
X. PUBLIC
SAFETY
1. Staff recommends
motion to:
A) approve the following contracts with agencies to provide drug treatment and testing services to individuals referred by the Juvenile Delinquency Drug Court, in a cumulative amount not to exceed $79,273 for the period October 1, 2008, to September 30, 2009:
1) Drug Testing and Counseling Services in the amount of $22,693;
2) The Drug Abuse Treatment Association, Inc. (DATA) in the amount of $56,580; and
B) authorize the County Administrator, or his designee, to execute amendments to these contracts on behalf of the Board of County Commissioners to adjust the not-to-exceed amounts as long as the cumulative total does not exceed $79,273.
SUMMARY: On February 25, 2008, the Criminal Justice Commission (CJC) approved the use of $79,273 in Drug Abuse Trust Fund (DATF) monies to contract for outpatient substance abuse treatment and testing services for juveniles who are court ordered to treatment through the Delinquency Drug Court Pilot Program located in Palm Beach County. There is no ad valorem funding. Countywide (GB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY (Cont’d)
2. Staff recommends
motion to:
A) approve the following contracts with agencies to provide drug treatment and testing services to individuals referred by the Adult Drug Court, in a cumulative amount not to exceed $406,116.80 for the period October 1, 2008, to September 30, 2009:
1) Drug Abuse Foundation of Palm Beach County, in the amount of $61,076.80;
2) Comprehensive Alcoholism Rehabilitation Programs, Inc. in the amount of $65,569.92;
3) Drug Testing and Counseling Services in the amount of $223,726.26;
4) Counseling Services of Lake Worth, Inc. in the amount of $55,743.82;
B) authorize the County Administrator, or his designee, to execute amendments to these contracts on behalf of the Board of County Commissioners to adjust the not-to-exceed amounts as long as the cumulative total does not exceed $406,116.80;
C) approve the Law Enforcement Trust Fund (LETF) agreement to receive $32,435 in grant funding from the Sheriff’s Office;
D) approve a Budget Transfer of $32,435 in the LETF; and
E) approve a Budget Amendment of $32,435 in the General Fund to establish grant budget.
SUMMARY: These contracts provide continuation of the drug treatment and testing services provided to individuals referred by the Drug Court. Funding for these contracts will be provided by the Drug Abuse Trust Fund ($200,051), Law Enforcement Trust Fund ($32,435), Byrne Grant ($6,306), and user charges collected from the participants ($167,324.80). There is no ad-valorem funding. Countywide (GB)
3. Staff recommends
motion to receive and file: the original
executed contract with the Legal Aid Society of Palm Beach County, Inc. to
provide legal services to the indigent citizens of Palm Beach County in the
areas of Family Law, Elder Law, Juvenile Advocacy, Education Advocacy, Public
Guardianship and Domestic Violence Victim Representation in the amount not to
exceed $1,043,393 from October 1, 2008, to September 30, 2009 as approved in
the FY 2009 budget. SUMMARY:
Resolution R2006-2132 authorizes the County Administrator or his designee to
execute contracts with Legal Aid Society of Palm Beach County, Inc. that does
not exceed the BCC approved budget for the program. Florida Statute 29.008
identifies that funding for Legal Aid Programs shall be considered a local
requirement. The Legal Aid Society of
Palm Beach County, Inc. has historically provided these services and this is
the fifth year of this contract. This Contract
will ensure the seamless continuation of legal aid services to indigent
citizens of Palm Beach County. Countywide (GB)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement with the Port of Palm Beach District for reimbursement of Infrastructure Protection Activities, in the amount of $675,000, associated with the Port of Palm Beach District’s Vessel – Prevention/Detection Project for the period of August 1, 2008, to July 31, 2011; and
B) approve a Budget Amendment of $675,000 in the Sheriff’s Grant Fund.
SUMMARY: On August
18, 2008, the Port of Palm Beach
District received an award from the United States Department of Homeland
Security FY 2008 Port Security Grant to implement the Port of Palm Beach District’s (PORT) Vessels – Prevention/Detection
Project. On August 1, 2008, the Palm Beach County Sheriff’s Office
(PBSO) and the PORT entered into
an agreement to expend the Port Security Grant Program funding in providing
security service to the PORT. The
objective of the project is to create a
sustainable, risk-based effort for the protection of critical port
infrastructure from terrorism, especially explosives and non-conventional
threats that would cause major disruption to commerce and significant loss of
life. Under this Agreement, the Palm Beach County Sheriff’s Office will receive
$675,000 in reimbursable funds for capital expenses associated with the
project. There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a
Department of Justice, Office of Juvenile Justice and Delinquency Prevention FY
2008 Gang Prevention Coordination Assistance Program Grant for Palm Beach
County’s Gang Prevention Coordination Strategy in the amount of $200,000 for
the period of October 1, 2008, through September 30, 2010; and
B) approve a Budget
Amendment of $200,000 increasing the Sheriff’s Grant Fund.
SUMMARY: On September 9, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award to Palm Beach County’s Gang Prevention Coordination Strategy. The purpose of Palm Beach County’s Gang Prevention Coordination Strategy is to support and enhance the coordination of existing community-based gang prevention and intervention programs and strategies that are closely aligned with local law enforcement efforts. Funds provided will be used for: salary and benefits of a full-time Gang Prevention Coordinator, travel and training for the PBSO Gang Unit, and supplies. There is no match requirement associated with this award. One (1) PBSO position is created with this action. No additional County funds are required. Countywide (DW)
OCTOBER 21, 2008
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
3. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the
Florida Department of Law Enforcement’s State Homeland Security Grant, for the
Palm Beach County Sheriff’s Office SWAT and EOD Sustainment Project, to extend
the ending grant period from September 30, 2008, to March 31, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $42,455 on May 6, 2008; the original period for this
grant was January 1, 2008, through September 30, 2008 (R2008-0812). This agenda
item will extend the grant period from September 30, 2008, to March 31,
2009. The Palm Beach County Sheriff’s Office (PBSO)
received this award from the Florida Department of Law Enforcement (FDLE)
to purchase equipment and supplies to
implement Florida’s Domestic Security Strategic Plan. These funds and related equipment, which have
been approved by FDLE for purchase, will be used to enhance the region’s and the
State of Florida’s SWAT and EOD capability and capacity to prevent and respond
to Weapons of Mass Destruction (WMD) Chemical, Biological,
Radiological/Nuclear, and Explosive (CBRNE)
threats and attacks through updated technologies and equipment. The PBSO has been given an extension to allow the
grant funds to be fully expended. There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide (DW)
4. Staff recommends
motion to approve: a Budget Amendment of $13,851,472 in the General
Fund for law enforcement services provided by the Palm Beach County Sheriff's
Office to the City of Lake Worth through a Contractual Agreement for the period
October 1, 2008, through September 30, 2009. SUMMARY: The Budget Amendment is requested to provide law
enforcement services as prescribed within a Contractual Agreement between the
Palm Beach County Sheriff’s Office and the City of Lake Worth. The level of service to be provided includes
134 positions, comprised of 91 sworn officers, 33 civilian positions, and ten
(10) school crossing guards. No County funds are required. Countywide
(DW)
* * * * * * * * * * * *
OCTOBER 21, 2008
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to adopt:
an
Ordinance repealing Ordinance
2005-35, the Simon II/“B” Road-NW
Property Comprehensive Plan Amendment (No. LGA 2005-00014). SUMMARY: Palm Beach County adopted a Comprehensive
Plan Amendment for the creation of the Central Western Communities Sector Plan
by Ordinance No. 2005-034 on August 22, 2005.
At the same time, the County adopted ordinance 2005-035, providing for a
site-specific Comprehensive Plan Amendment for 96.73 acres of land located on
the north side of Southern Boulevard between "A" Road and
"B" Road, commonly referred to as the Simon II/ “B” Road-NW property,
which is presently located within the municipality of Loxahatchee Groves. The Department of Community Affairs found
both the Sector Plan Amendment, and the Simon II/ “B” Road-NW Property Plan
Amendment “not in compliance,” and filed an administrative petition challenging
the Plan, on November 15, 2005. The County ultimately repealed Ordinance
2005-034, mooting the pending administrative challenge relating to the Sector
Plan. However, the parties continued to negotiate a possible settlement
regarding the Simon II/ “B” Road-NW property.
The applicant has advised the County in writing that he now wishes to
withdraw his application for the Simon II/ “B” Road-NW Property Plan Amendment,
due to changed circumstances. Based on
the applicant’s request, County staff recommends that the Board of County
Commissioners adopt an ordinance repealing Ordinance 2005-035. Adoption of the Ordinance will render the
remainder of the pending administrative challenge moot. District 6 (ATP)
* * * * * * * * * * * *
OCTOBER 21, 2008
5. REGULAR
AGENDA
B. COMMUNITY
SERVICES
1. Staff recommends
motion to approve: presentation of the BCC Roles & Responsibilities
as the Governing Board for the Head Start/Early Head Start Programs. Summary:
The Board of County Commissioners,
as the governing board of Head Start/Early Head Start Programs, is required by
Federal Head Start Program Performance Standards to be trained to carry out
their governance responsibilities effectively. The training is provided by
Mabel Jones of the Jones Connection. (Head Start) Countywide (TKF)
C. FIRE RESCUE
1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on November 18, 2008 at 10:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, providing that the updated Florida Fire Prevention Code shall be deemed adopted; providing for local amendments to the Florida Fire Prevention Code; replacing Chapter 12, Article IV of the Palm Beach County Code (codifying Ordinance 2004-073) in its entirety; providing for legislative findings; providing for applicability; providing for repeal of laws in conflict; providing for a savings clause; providing for severability; providing for inclusion in the code; and providing for an effective date. SUMMARY: Pursuant to Chapter 633, Florida Statutes, the State Fire Marshal has adopted an updated statewide minimum fire safety code, known as the Florida Fire Prevention Code, in Rule Chapter 69A-60 of the Florida Administrative Code. This updated Florida Fire Prevention Code will become effective on December 31, 2008, and is based on the Florida 2006 editions of the National Fire Protection Association’s Uniform Fire Code (NFPA 1) and Life Safety Code (NFPA 101). The local amendments to the Code include a revised fee schedule increasing plan review and inspection fees due to the increased cost of providing those services. Effective December 31, 2008, the County will enforce the updated Florida Fire Prevention Code with the Palm Beach County Local Amendments adopted by this Ordinance. Countywide (SB)
D. PARKS AND RECREATION
1. Staff recommends
motion to approve:
A) termination of the
tri-party Agreement (R2007-0053) with Cultural Trust of the Palm Beaches, Inc.
and the Village of Wellington in an amount not-to-exceed $1,000,000 from the
2002 Recreational and Cultural Facilities Bond for construction of the Cultural
Trust Outdoor Entertainment Pavilion; and
B) reallocation of the
unexpended balance of $822,296 to the Village of Wellington for construction of
an amphitheatre at Wellington Community Center.
Summary: Cultural Trust of the Palm
Beaches, Inc. failed to perform its obligations under a tri-party 2002
Recreational and Cultural Facilities Bond Agreement with the County and the
Village of Wellington to construct an Outdoor Entertainment Pavilion on a 10-acre
site west of Wellington Green Mall. Failure to perform was a result of Cultural
Trust canceling its ease with Wellington for the property and not being
financially able to construct the Outdoor Entertainment Pavilion at the leased
site. As a result, it is necessary to
cancel the tri-party funding Agreement with Cultural Trust and the Village of
Wellington. The Village of Wellington has requested that the remaining
unexpended balance of $822,296 from the uncompleted project be redirected to
Wellington for construction of an amphitheatre at the Wellington Community
Center site. The District 6 Commissioner supports the reallocation of these funds
to the Village of Wellington for the construction of the proposed amphitheatre. District
6 (PK)
OCTOBER 21, 2008
5. REGULAR
AGENDA
E. RISK MANAGEMENT
1. Staff recommends
motion to
approve: an additional tier of coverage within the County’s
self-insured health plan for certain dependent children from age 26 until the
end of the calendar year in which the child reaches age 30, and to charge
employees who opt to insure dependents within this tier, the full actuarial
rate associated with this new class of dependents effective for plan years beginning
after October 1, 2008. Summary: Due to a recent revision of
Florida Statute §627.6562, the County must begin offering its employees the
option to insure certain children until the end of the calendar year in which
the child reaches age 30. To be eligible for this optional coverage, the child
must be unmarried without a dependent of his or her own; and be a resident of
Florida or a full-time or part-time student; and not have coverage as a named
subscriber, insured, enrollee or covered person under any other group, blanket,
or franchise health insurance policy or individual health benefits plan, or be
entitled to benefits under Medicare. In providing this optional coverage, the
County can charge an appropriate premium for the optional coverage; deny coverage
for costs incurred by the optionally-enrolled child prior to January 1, 2009;
medically underwrite the children (per the Statute, although potential HIPAA
concerns eliminate a staff recommendation for this option); or absorb the cost
of allowing the dependents into the plan as with any other eligible dependent.
Depending on the number of actual enrollees, the cost exposure to the County
could range anywhere from $79,534 to $281,989 annually. Staff recommends that
the full actuarial premium be charged for the addition of these newly eligible
dependents. The recommended monthly premiums are $385.61 for the HMO, $421.86
for the POS and $1,053.30 for the PPO per dependent child in the 26 – 30 age
range. Countywide (TKF)
F. WATER UTILITIES
1. Staff recommends
motion to approve: a conceptual approval of a temporary deferral of the capital reimbursement
portion of the Lake Region Water Treatment Plant (LRWTP) billing to the Cities
of Belle Glade, Pahokee, and South Bay for a period not to exceed twelve (12)
months beginning with the October 2008 billing. SUMMARY: On February 3, 2004, the Board approved
Agreements with the Cities of Belle Glade (R2004-0245), Pahokee (R2004-0246),
and South Bay (R2004-0247) for the construction and operation of the LRWTP. The
Agreements require the Cities to reimburse the County for the operational costs
of the plant and to pay any capital costs not paid through grants. The remaining capital cost ($24,800,000) is
to be paid over 50 years at 2% interest.
The monthly capital cost for Belle Glade is $45,794.05 and $9,813.01 for
both South Bay and Pahokee. Over the
past few weeks, there have been discussions with the three Cities regarding the
concept of establishing a Glades Utility Authority (GUA), which would combine
the utility systems of the three Cities into an Authority which would contract
with the County to provide water and wastewater services. The purpose of the GUA is to assume the
existing utility debt from the Cities, to prioritize and implement repairs and
upgrades to the existing infrastructure, to bill utility customers and to
correct regulatory deficiencies in the systems. Additionally, an upgraded water
and wastewater system is necessary in order to encourage economic development
in the area. The three (3) Cities have
all agreed to commence negotiations with the County to establish the GUA. In order to provide financial assistance to
the Cities, Staff is recommending that the capital portion of the monthly
billing be deferred for a maximum of twelve (12) months. Interest will continue
to accrue, and the capital payments will be reinstated once the Authority is
established, the concept of an authority is abandoned, or twelve (12) months, whichever
comes first. If approved, the GUA would
be responsible to pay the outstanding debt for the Lake Region Plant. If
approved by the Board, the Agreements will be brought back at a later date for
formal Amendment. The Cities are still
obligated to pay the monthly operating costs of the LRWTP. District 6 (MJ)
OCTOBER 21, 2008
5. REGULAR
AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) adopt a Resolution repealing Resolution No. R2008-1571; authorizing the issuance and negotiated sale of Public Improvement Revenue Bonds, Series 2008-2 in the principal amount of not exceeding $110,000,000 for the purpose of funding payments required by the Grant Agreement between the County and Max Planck Florida Corporation and providing funds to refinance obligations of the County to the Sunshine State Governmental Financing Commission commercial paper note program; providing for the terms and payment of such bonds; delegating to County officials the authority to determine certain details of the bonds; providing a method to approve the form of and authorizing the execution and delivery of a bond purchase agreement and to award the sale of the bonds to the underwriters; providing a method to approve the forms of the preliminary official statement, final official statement and paying agent and registrar agreement and authorizing the execution of the final official statement and the paying agent and registrar agreement; appointing a paying agent and registrar; providing for the rights, security and remedies of the holders of the bonds and making certain covenants and agreements in connection therewith; providing for the undertaking by the County required by Rule 15c2-12 of the Securities and Exchange Commission; providing for certain other matters in connection therewith; and providing for an effective date; and
B) appoint Janney Montgomery and Merrill Lynch as additional Co-Managers for the not to exceed $110 Million Public Improvement Revenue Bonds, Series 2008-2 for financing the initial contribution to the Max Planck Florida Institute Project and the refunding of the outstanding loans from the Sunshine State Governmental Financing Commission (the Sunshine State Commission).
SUMMARY: On September 16, 2008, the Board approved
a Resolution (R2008-1571) authorizing the issuance and negotiated sale of
Public Improvement Revenue Bonds, Series 2008-2 (Max Planck Florida Institute
Project) in the principal amount of not exceeding $45,000,000 for the purpose
of funding payments required by the Grant Agreement between the County and Max
Planck Florida Corporation. In addition to the funding of Max Planck Florida,
the above Resolution includes the refunding of the outstanding variable rate
loans from the Sunshine State Commission totaling $50,629,000 plus cash funding
the debt service reserve and costs of issuance.
These are variable rate, uninsured loans which have Depfa Bank serving as
the liquidity facility. Last week, Moody’s
and Standard & Poor’s downgraded the ratings for Depfa thus making the
bank’s liquidity support for the commercial paper notes no longer eligible for
purchase by tax exempt money market funds.
As a result of the current credit crisis and disruptions in the short
term debt markets, staff anticipates interest rates for the County’s loans will
dramatically increase in the near future without substituting for Depfa Bank’s
liquidity support. Currently, liquidity support from banking institutions
worldwide is practically non-existent.
Staff and the County’s Financial Advisor are recommending that the
County refund the Sunshine State Commission loans with fixed rated debt to
minimize its exposure to interest rate volatility and uncertainty that exist in
the current short-term variable rate market. The appointment of two (2)
additional co-managers is necessary due to the increasing size of the bond
issue. Countywide (PFK)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE CHILD CARE
FACILITIES BOARD
OCTOBER 21, 2008
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD
A. HEALTH
DEPARTMENT
1. Staff recommends
motion to authorize:
A) the initiation of legislation to amend
Chapter 59-1698, Special Acts, Laws of Florida as amended by Chapter 77-620,
Special Act, Laws of Florida, to adjust Child Boarding Home, Family Day Care
and Child Care facility requirements and authorize the permitting of Large
Family Child Care facilities; and
B) the initiation of amendments to the Palm
Beach County Rules and Regulations Governing Child Care Facilities upon passage
of the legislation.
Summary: The Child Care Advisory Council and the Palm Beach County Health
Department are recommending a number of changes to the Special Act applicable
to the permitting of child care facilities.
The proposed changes will:
1. Increase the maximum number of children
allowed in Family Day Care homes from 5 to 6 provided that no more than 3 of
the children are birth to 12 months of age.
2. Designate one (1) of the private
enterprise seats on the Child Care Advisory Council for a family day care
provider.
3. Create a new permitting category for
Large Family Child Care Facilities with a maximum capacity of 12 children and
caregiver to child ratios of 1:4, 1:6 or 1:8 depending on the ages of children
in care.
A detailed side-by-side comparison of
current and proposed County regulations and Florida Department of Children
& Families regulations is provided as Attachment 1 of the Agenda Item. The proposed changes will provide greater
consistency with State regulations and are endorsed by the Palm Beach County
Family Child Care Association. The Special Act must be amended by the Florida
Legislature to accomplish the changes.
County Rules and Regulations Governing Child Care Facilities must also
be amended to implement the proposed changes. Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS THE CHILD CARE
FACILITIES BOARD
RECONVENE AS THE BOARD OF
COUNTY COMMISSIONERS
OCTOBER 21, 2008
7. BOARD
APPOINTMENTS
A. PLANNING, ZONING & BUILDING
(Construction
Industry Licensing Board)
1. Staff
recommends motion to approve: appointment/reappointment
of the following individuals to the Construction Industry Licensing Board
(CILB):
A) appoint
one (1) member for the term beginning October 21, 2008, to September 30, 2011.
Nominee Seat
No. Requirement Nominated by
Comm. Koons
Comm. Kanjian
Comm.
Santamaria
Comm.
Aaronson
B) reappoint
one (1) member for the term beginning October 1, 2008, to September 30, 2011.
Nominee Seat
No. Requirement Nominated by
Mary Hinton 15 Consumer Member Comm. Greene
Comm. Koons
Comm. Marcus
Comm.
Kanjian
Comm.
McCarty
Comm.
Santamaria
Comm.
Aaronson
SUMMARY: The Construction Industry Licensing Board
was established by Special Act, Chapter 67‑1876, Laws of Florida as
amended. The Special Act sets forth the
membership of the Board, which consists of twelve (12) members. The membership consists of two (2) general
contractors, one (1) member of the following categories; building; residential;
electrical; plumbing; HARV, roofing; swimming pool; architect; engineer and a
building official. In addition, F.S. § 489.131 requires that we have three (3)
consumer representatives. The above named have been recommended by their
respective organizations. Memorandums were sent to the Board of County
Commissioners on September 2, 2008, and September 4, 2008 advising of the
vacant positions; No other nominations were received. Countywide (GB)
OCTOBER 21, 2008
7. BOARD
APPOINTMENTS
B. ENVIRONMENTAL RESOURCES MANAGEMENT
(Artificial
Reef & Estuarine Enhancement Committee)
1. Staff recommends motion to approve: two (2) re-appointments and three (3) appointments of at-large members to the Artificial Reef and Estuarine Enhancement Committee (AREEC). Seats Nos. 4 and 5 are for a term of three (3) years beginning November 2, 2008, through November 1, 2011; Seat No. 9 is for a term of three (3) years beginning October 21, 2008, through October 20, 2011; Seat No. 10 is for a term of four (4) years beginning October 21, 2008, through October 20, 2012; and Seat No. 11 is for a term of three (3) years beginning October 21, 2008, through October 20, 2011.
Reappoint
Nominees Seat No./Representing Terms Nominated By
Skip Commagere 4 Commercial
Scuba Diving 3 Comm.
Marcus
Comm.
Koons
Comm.
Greene
Comm. Santamaria
Comm.
Aaronson
Martin Murphy Sr.
5 Marine Industry 3 Comm.
Marcus
Comm.
Koons
Comm. Kanjian
Comm.
Greene
Comm.
Santamaria
Comm.
Aaronson
Appoint
Greg Reynolds 9 Environmental
Organization 3 Comm.
Marcus
Comm. Koons
OR Comm.
Kanjian
Comm. McCarty
Comm. Santamaria
Comm. Aaronson
Linda Humphries
9 Environmental Organization 3 Comm. Greene
Jim Bowser
10 General Member 4 Comm.
Marcus
Comm.
Koons
OR Comm.
Greene
Comm.
Santamaria
Comm. Aaronson
Tom Warnke 10 General Member 4 Comm.
Kanjian
Barbara Chudzik-Lea 11 General Member 3 Comm. Marcus
Comm.
Koons
Comm. Kanjian
Comm. Greene
Comm. Santamaria
Comm. Aaronson
SUMMARY: Resolution No. R08-1511 provides for an
eleven (11) member AREEC. The membership
consists of one (1) representative of the County Commission, one (1)
representative of commercial SCUBA diving, one (1) representative of
recreational SCUBA diving, one (1) representative of marine industry, one (1)
representative of recreational fishing, one (1) representative of fisheries,
one (1) representative of an environmental organization, two (2)
representatives from local government and two (2) general members. On September 19, 2008, the Board was advised
that three (3) seats were vacant and that the term of Seat Nos. 4 and 5 expire
on November 1, 2008. Countywide
(HF)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 21, 2008
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 21, 2008
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
October 21, 2008 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
OCTOBER 21, 2008
PAGE ITEM
10 3C-13* REVISED
MOTION & SUMMARY: Staff recommends motion to approve, subject
to receipt of funding from Florida Power & Light by October 28, 2008: Change Order No. 3 in the amount of
$1,977,035.15 to Contract No. R2008-0499 with Ranger Construction Industries,
Inc. for construction of Okeechobee Boulevard from Royal Palm Beach High School
Entrance to east of Florida’s Turnpike. SUMMARY: Change Order No. 3 is
for the construction of a portion of a 36” reclaimed water main along the west
portion of the project. Funding for this Change Order has been provided by
FPL to the Water Utilities Department. (Engineering)
40 5A-1 ADD-ON: Staff recommends motion to approve: issuance of a Request for Submittal for Grant
Consulting Services. SUMMARY: The County is proposing a new
process for grant writing consultants.
From 1998 to 2008, the County had a single full service annual contract
for grant writing services. We have identified approximately 25 individuals in
various departments of the County that are involved in grant writing in some
capacity. The new proposal tries to
expand the number of grant writing consultants from one (1) to up to three (3)
that the County will employ by identifying individuals and firms with
specialized grant writing and tracking skills to be utilized by County
departments as necessary. Under the
proposal, the full service contract will no longer be utilized. Last year, the
County spent $86,149 in general revenue dollars on the annual contract. For FY 2008/2009, we will reduce the number
available for grant writing and tracking to $50,000 with fees negotiated on a
grant by grant basis. Countywide (DW) (Admin/Legislative Affairs)
40 5C-1 REVISED TITLE & SUMMARY: Staff recommends motion to approve on preliminary reading and advertise
for public hearing on November 18, 2008 at 10:30 a.m.: an Ordinance of the
Board of County Commissioners of Palm Beach County, Florida, providing that the
updated Florida Fire Prevention Code shall be deemed adopted; providing for
local amendments to the Florida Fire Prevention Code; repealing and replacing
Chapter 12, Article IV of the Palm Beach County Code (codifying Ordinance
2004-073) in its entirety; providing for legislative findings; providing for
applicability; providing for repeal of laws in conflict; providing for a
savings clause; providing for severability; providing for inclusion in the
code; and providing for an effective date. SUMMARY: Pursuant to Chapter 633, Florida Statutes,
the State Fire Marshal has adopted an updated statewide minimum fire safety
code, known as the Florida Fire Prevention Code, in Rule Chapter 69A-60 of the
Florida Administrative Code. This
updated Florida Fire Prevention Code will become effective on December 31,
2008, and is based on the Florida 2006 editions of the National Fire
Protection Association’s Uniform Fire Code (NFPA 1) and Life Safety Code (NFPA
101). The local amendments to the Code
include a revised fee schedule increasing plan review and inspection fees due
to the increased cost of providing those services. Effective December 31, 2008, the County will
enforce the updated Florida Fire Prevention Code with the Palm Beach County
Local Amendments adopted by this Ordinance. (Fire Rescue)
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 (*).