ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 7, 2009
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 - 32)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 33)
5. REGULAR
AGENDA (Pages 34 - 36)
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 37)
7. BOARD
APPOINTMENTS (Page 38)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 39)
9. STAFF
COMMENTS (Page 40)
10. COMMISSIONER
COMMENTS (Page 41)
11. ADJOURNMENT (Page 41)
* * * * * * * * * * *
APRIL 7, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions
from two (2) municipalities regarding various issues
3A-2 Extension
Agreements with two (2) entities for Resident Education to Action Program
funding
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments and other items
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Task assignment to Civil Design, Inc.
regarding design and construction plans for Wallis Road, Sunbeam Ave., 1st,
2nd, and 3rd Street improvements
3C-2 Amendment to annual asphalt milling and
resurfacing contract with Community Asphalt and Ranger Construction
3C-3 Supplemental Agreement No. 1 with R.J. Behar
& Company regarding revised construction plans for Northlake Blvd.
3C-4 Budget Transfer for Whispering Pines Road,
Miss Piney Road, 1st through 4th Streets project
Page 9
3C-5 Memorandum of Agreement with FDOT/Maintenance
Agreement with Boca West Master Association, Inc. regarding roadway landscaping
and irrigation
3C-6 Amendment No. 1 to Transportation Regional
Incentive Program Agreement with FDOT regarding SR-806/Atlantic Ave
construction
3C-7 Renewal of street lighting annual agreements
with ADA Engineering, Inc. and Erdman Anthony of Florida, Inc.
3C-8 Amendment No. 1 with FL Office of Tourism,
Trade and Economic Development for off-site roadway improvements associated
with new Office Depot headquarters
Page 10
3C-9 Resolution
conveying 2004 Chevrolet Blazer to City of South Bay
3C-10 Amendment to annual concrete bus stop pad construction contract with
Florida Blacktop, Inc.
3C-11 Two (2) County deeds conveying portions of right-of-way for 45th
Street to SWA
Page 11
3C-12 Amendment No. 1 to JPA with FDOT for Okeechobee
Blvd/Tamarind Ave. intersection improvements
3C-13 Amendment No. 1 to JPA with FDOT for design/construction of small
traffic related projects
3C-14 Deleted
3C-15 Resolution vacating a portion of a 15-footwide
private drainage easement in Old Gate Subdivision
3C-16 Resolution vacating certain portions of utility easements in Yamato
Court MUPD
D. COUNTY ATTORNEY
Page 12
3D-1 Official
transcript for the closing of $35,075,000 Public Improvement Revenue Bonds
3D-2 Inclusion of documents in official transcript
of $17,000,000 Sunshine State Governmental Financing Commission Paper Revenue
Notes
3D-3 Inclusion of documents in official transcript
of $34,500,000 Sunshine State Governmental Financing Commission Paper Revenue
Notes
3D-4 Official transcript for the closing of
$11,543,892.36 Taxable Public Improvement Revenue Bond Anticipation Notes
3D-5 Official
transcript for the closing of the $176,585,000 Public Improvement Revenue Bonds
APRIL 7, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 13
3E-1 Amendment
No. 3 with Legal Aid Society for legal services/permanency planning services
3E-2 Agreement
with Education Development Center, Inc. for Head Start services
3E-3 Amendment
No. 4 with Area Agency on Aging for Nutrition Services Incentive Program
3E-4 Amendment N. 3 with Comprehensive Community
Care Network for ambulatory outpatient primary medical services
Page 14
3E-5 Travel for two (2) Head Start Policy Council
members to attend National Head Start Association Conference
F. AIRPORTS
Page 14
3F-1 Delegate authority to file statutory notice
to abandon DRI for PBIA and North County General Aviation Airports
3F-2 Contract with E.C. Stokes Mechanical
Contractor for cabin air system improvement project at PBIA
Page 15
3F-3 Receive
and file three (3) standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Sole
source procurement with SimplexGrinnell to retrofit fire alarm system at two
(2) buildings
3H-2 Amendment
No. 2 to annual roofing contract with Roofing Concepts Unlimited/Florida, Inc.
Page 16
3H-3 Amendment
No. 2 to annual roofing contract with Certified Roofing Specialist, Inc.
3H-4 Amendment
No. 2 to annual roofing contract with Industrial Roof Repairs, Inc.
3H-5 Amendment
No. 2 to annual roofing contract with Advanced Roofing, Inc.
3H-6 Amendment
No. 2 to annual roofing contract with The Roof Authority, Inc.
Page 17
3H-7 Amendment
No. 2 to annual roofing contract with Murton Roofing Corp.
3H-8 Amendment
No. 2 to annual roofing contract with Hi-Tech Roofing & Sheetmetal, Inc.
3H-9 Deleted
3H-10 Interlocal Agreement with Town of Lantana for provision of radio
maintenance services
Page 18
3H-11 Interlocal Agreement with Town of Lantana regarding County’s 800 MHz
Radio System
3H-12 Exchange of property with G.L. Homes of Boca
Raton Associates V adjacent to South County Regional Park and Samuel Friedland
Park
I. HOUSING & COMMUNITY DEVELOPMENT
Page 19
3I-1 Resolution approving modifications to the State Housing Initiative Program Local Housing Assistance Plan
J. PLANNING, ZONING & BUILDING
Page 19
3J-1 Resolution
grant County tax exemption for one (1) historic property in the City of Lake
Worth
K. WATER UTILITIES
Page 20
3K-1 Second Amendment to Purchase and Sale of
Water and Wastewater with Village of Royal Palm Beach
3K-2 Deleted
3K-3 Work Authorization with Globaltech, Inc. for
repair to Town of Mangonia Park elevated water storage tank
Page 21
3K-4 Receive
and file two (2) standard development agreements for WUD
APRIL 7, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 21
3L-1 Task Order No. ERM09-03 with Bridge Design
Associates, Inc. regarding north and south jetty rehabilitation and Bird Island
seawall construction
3L-2 Amendment
to Lease Agreement with City of Lake Worth for Snook Islands Natural Area
3L-3 Budget
Transfer/Amendment regarding Loxahatchee Slough Natural Area
Page 22
3L-4 Task Order No. 0688-07 with Applied
Technology & Management regarding Juno Beach re-nourishment project
3L-5 Grant Agreement with Florida Fish &
Wildlife Conservation Commission for monitoring 31 reefs
Page 23
3L-6 Amendment
No. 1 to FDEP Agreement regarding bridge over Grassy Waters Preserve
3L-7 Second Amendment with City of West Palm
Beach and SFWMD for C-51 Canal Sediment Management project
Page 24
3L-8 Special Warranty Deed from SWA conveying 28%
of ownership interest in a + 230.54-acre parcel of land south of
Indiantown Road
M. PARKS & RECREATION
Page 24
3M-1 Agreement
with City of West Palm Beach for Kaleidoscope 2009 event
Page 25
3M-2 Receive
and file School Board RAP for Forest Hill High Project Graduation 2009
3M-3 Receive and file School Board RAP for Pahokee
Middle/Senior High football uniforms/equipment
3M-4 Receive
and file Amendment to School Board RAP for Wellington Community High
3M-5 Budget
Transfers/Amendments regarding District 5 Recreation Assistance Program funds
Page 26
3M-6 Agreement
with City of Delray Beach for Delray Rocks Youth Organization trip
3M-7 Agreement with Pam Beach County Film &
Television Institute for community recognition event
3M-8 Receive
and file seven (7) independent contractor agreements for Parks
Page 27
3M-9 FDEP
Land and Water Conservation Fund grant for John Prince Memorial Park Campground
3M-10 SFWMD Indian River Lagoon License Plate grant for Carlin Park
sanitary sewer project
Page 28
3M-11 Recreation Assistance Program allocation for Veteran’s Park Memorial
Day event
3M-12 Lighting existing multi-purpose field and developing second field at
Canyon Lakes’ civic site
3M-13 Termination Agreement with AccesSportAmerica,
Inc. for outrigger canoeing and windsurfing program
Page 29
3M-14 Resolution authorizing standard sound and light
production services contractor agreements
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
APRIL 7, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 29
3AA-1 Interlocal Agreement with City of Boynton Beach
for lease of four (4) wheelchair lift-equipped vans for local transit service
BB. SHERIFF
Page 29
3BB-1 Budget Amendment for security services provided to Lake Worth CRA
3BB-2 Grant Adjustment Notice for FDLE Terrorism Prevention Program grant
Page 30
3BB-3 Grant Adjustment Notice for Edward Byrne
Memorial State and Local Law Enforcement Assistance Discretionary Grants
Program (manage sexual offenders and predators)
3BB-4 Grant Adjustment Notice for State Homeland Security grant
3BB-5 Grant Adjustment Notice for Project Safe Neighborhood grant
Page 31
3BB-6 Grant Adjustment Notice for Edward Byrne
Memorial Discretionary grant (reduce violence and gang problem)
3BB-7 FDLE Office of Criminal Justice grant for CBRNE Regional Forensic
Response Team project
3BB-8 FDLE Office of Criminal Justice grant for EOD Regional Team Enhanced
Capability project
Page 32
3BB-9 FDLE Office of Criminal Justice grant for Regional Aviation Response
and Support project
CC.
SUPERVISOR OF ELECTIONS
Page 32
3CC-1 Precinct boundary changes
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 33
4A Water Conservation Month
4B Drowning Prevention Awareness Month
4C Fair Housing Month
4D Sexual Assault Awareness Month
4E Yom Hashoah Remembrance Day
4F Days of Remembrance of the Victims of the
Holocaust
4G Black History Brain Bowl Academic
Competition Day
4H National Crime Victims’ Rights Week
4I Teenage Safe Driving Awareness Week
4J Palm Beach County Charter Day
4K Pets are Wonderful Month
APRIL 7, 2009
TABLE OF CONTENTS
REGULAR AGENDA
PARKS & RECREATION
Page 34
5A-1 Termination Agreement with City of South Bay
for development/operation of Crossroads Lake Depot and Marketplace
FACILITIES
DEVELOPMENT & OPERATIONS
Page 35
5B-1 Contract with Ocean Gate General
Contractors, Inc. for construction of Southwinds Golf Clubhouse
ENGINEERING & PUBLIC
WORKS
Page 35
5C-1 Potential
road paving project in Palm Beach Ranchettes
FIRE
RESCUE
Page 36
5D-1 Interlocal Agreement with City of Lake Worth
for provision of fire protection and emergency medical services
BOARD OF COUNTY COMMISSONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD (Page 37)
BOARD
APPOINTMENTS (Page 38)
MATTERS BY THE PUBLIC – 2:00 P.M. (Page 39)
STAFF
COMMENTS (Page 40)
COMMISSIONER
COMMENTS (Page 41)
ADJOURNMENT (Page 41)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 2009-004 of the Town of Loxahatchee Groves, Florida expressing its concern regarding the increase in truck traffic along Southern Boulevard as well as other transportation routes within Palm Beach County that will result from the transporting of solid waste to the new Palm Beach County landfill to be located in close proximity to the Town; expressing its support for the use of the Florida East Coast Railway and CSX Railroad tracks to assist in the transportation of solid waste to the new Palm Beach County landfill; and
B) Resolution No. 23-08 of the City of Boca Raton supporting House Bill 189 and Senate Bill 922 amending Section 767.14, Florida Statutes, eliminating the prohibition of breed-specific local government regulation of dangerous dogs. Countywide
2. Staff recommends
motion to approve:
A) Extension Agreement with Iglesia Bautista
Independiente Emanuel, Inc.; and
B) Extension Agreement with Ericka Gonder an
individual representing Parson Heights Community Group.
SUMMARY: The Grantees listed above are requesting a
6-month time extension of their 2007-2008 Resident Education to Action Program
(REAP) Agreements originally executed on July 22, 2008 (R2008-1253 and R2008-1263).
This extension will enable the Grantees to complete the projects funded through
the REAP Program in Fiscal year 2007-2008. Districts 6 & 7 (AH)
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: None
3. Staff recommends
motion to approve: Contracts (regular) and claim
settlements list as submitted by various departments to the Clerk &
Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during January 2009. Countywide
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Budget Transfer of $132,273 in the Unincorporated Improvement Fund from Reserves to Wallis Road, Sunbeam Avenue, 1st Street, 2nd Street, and 3rd Street Improvements (Project); and
B) a Task for $119,072.75, under the Annual Municipal Services Taxing Unit Districts “A through E” Agreement approved by Resolution Number R2007-0462, with Civil Design, Inc. for engineering, surveying, geotechnical, permitting and printing services for design and construction plans for the Project.
SUMMARY: Approval of the Task will provide engineering, surveying, geotechnical, permitting, and printing services to design construction plans for the Project and approval of the Budget Transfer will provide funds for these services. District 6/MSTU District C (MRE)
2. Staff recommends
motion to approve: an Amendment to the Annual Asphalt Milling and
Resurfacing Contract (Contract), Project No. 2008054, dated January 15, 2008,
with Community Asphalt Corporation (Primary) (R2008-0013), and Ranger
Construction Industries, Inc. (Secondary) (R2008-0013.1) to: a) extend the
Contract period for approximately 21 months, retroactively, from January 15,
2009, to expire on September 30, 2010; and b) increase the amount of the
Contract by $5,550,000, to a total of $12,730,000. SUMMARY: The Contract
consists of milling and disposal of existing asphalt pavement, maintenance of
traffic, cleaning of surfaces for finish applications, and furnishing, hauling,
and placement of specified asphalt courses.
The increased contract amount is based on estimated amounts to be
expended throughout Palm Beach County by various County departments during the
extended contract period. The Small
Business Enterprise (SBE) goal for the project was 15%. The SBE participation committed for the
project is 15.1% overall by the primary contractor and 10% overall by the
secondary contractor. Countywide (MRE)
3. Staff recommends motion to approve: Supplemental Agreement No. 1 to Project Number 2004608 under Agreement R2005-2390 in the amount of $186,127.33 with R. J. Behar & Company, Inc. for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the services necessary for the preparation of revised construction plans for Northlake Boulevard over the Loxahatchee Slough Catchment Area Bridge. Districts 1 & 6 (PK)
4. Staff recommends
motion to approve: a Budget Transfer of $87,604 in the Unincorporated
Improvement Fund from Reserves to the Whispering Pines Road, Miss Piney Road, 1st
through 4th Streets project. SUMMARY: Approval of this Budget Transfer will make
funds available to allow authorization of engineering design services with
Civil Design, Inc., which consists of engineering, surveying, permitting and
printing. District 2/MSTU District C
(MRE)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to:
A) adopt a Resolution to execute a Memorandum of
Agreement (MOA) with the Florida Department of Transportation (FDOT) for
maintenance of landscaping and irrigation on Glades Road from Corporate Way to
Jog/Powerline Road; and
B) approve a Maintenance Agreement with Boca West Master
Association, Inc. (Association).
SUMMARY: FDOT
plans to install landscaping and irrigation as elements of their planned
roadway resurfacing project on Glades Road from Boca Rio Road (west of
Florida’s Turnpike) to Renaissance Way (in the City of Boca Raton). FDOT has
determined that an MOA has to be executed by the local government rather than
private entities, such as the property owners’ associations, in order for the
planned roadway landscaping and irrigation to be constructed by FDOT as elements
of their road project. FDOT is
responsible for the installation of the landscape project for an amount of
$119,051.33. The Association is
responsible for the maintenance of the improvements. District 5 (MRE)
6. Staff recommends
motion to adopt: a Resolution to approve Amendment Number One
to the Transportation Regional Incentive Program (TRIP) Agreement previously
approved on June 5, 2007 (R2007-0837) with the State of Florida Department of
Transportation, in the amount of $6,286,595 for the construction of SR-806/Atlantic
Avenue from west of Lyons Road to Starkey Road.
SUMMARY: Approval of this Amendment will extend the term of the TRIP
Agreement from June 30, 2009, to June 30, 2011 and will not amend the dollar
amount. District 5 
(MRE)
7. Staff recommends
motion to approve: the renewal of the Street Lighting Annual
Agreements with ADA Engineering, Inc. whose original Agreement was dated May 1,
2007 (R2007-0610) and Erdman Anthony of Florida, Inc. whose original Agreement
was dated May 1, 2007 (R2007-0611). SUMMARY: Approval of these Renewal Agreements will
extend for one (1) year required professional services on a task order basis. Countywide (PK)
8. Staff recommends
motion to approve: Amendment Number One with the State of Florida
Office of Tourism, Trade, and Economic Development for off-site roadway
improvements associated with the new Office Depot headquarters. SUMMARY: Approval of this Amendment
will modify the description of the required roadway improvement to more closely
reflect the actual work being performed and extends the completion date of the
contract from February 27, 2009, to February 26, 2010. District
4 (MRE)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of a 2004
Chevrolet Blazer four (4) door sports utility vehicle (Chevy SUV); Palm Beach
County (County) asset number 10155169, Vehicle Identification Number
1GNCS13X44K152709, to the City of South Bay (City);
B) approve a Budget Transfer of $4,562 in the Transportation
Improvement Fund from Reserve for District 6 to Orange Boulevard Phase I – 140th
Avenue to 130th Avenue North; and
C) approve a Budget Transfer of $4,562 in the Capital
Outlay Fund from Orange Boulevard Phase I – 140th Avenue to 130th
Avenue North to City of South Bay Surplus Vehicle – District 6.
SUMMARY: Approval of the Resolution and budget
transfers will fund the purchase of a Chevy SUV, which is no longer in use by
the County, and will convey its use to the City as a code enforcement vehicle. Funding will come from District 6 Gas Tax
Reserves. District 6 (MRE)
10. Staff recommends
motion to approve: an Amendment
for the Annual Concrete Bus Stop Pad Construction Contract, Project No. 2007053
(R2007-0465) (Contract), dated April 10, 2007, with Florida Blacktop, Inc.
(Contractor), to extend the length of the Contract to expire on April 10, 2010. SUMMARY: Approval of this Amendment
will extend the expiration date of the existing Contract from April 10, 2009,
to April 10, 2010. It was previously
extended from the original expiration date of April 10, 2008 to a new
expiration date of April 10, 2009 (R2008-0936).
There will be no increase in the maximum value of work orders issued
under the existing Contract which is $150,000. Countywide (MRE)
11. Staff recommends motion to:
A) approve two (2) County deeds conveying to the Solid Waste Authority of Palm Beach County (SWA), portions of the existing right-of-way for 45th Street, designated as Parcels 103W and 108E, respectively located on the west and east sides of the Florida Turnpike;
B) approve a Release
of Drainage Easement Rights over a drainage easement, designated as Parcel 203,
abutting the west and east sides of the existing right-of-way for Jog Road
north of 45th Street;
C) accept the conveyance of six (6) fee simple parcels
designated as Parcels 102E, 102W, 103, 104, 106 and 107 from the SWA needed as
right-of-way and a water management area for the extension of Jog Road from 45th
Street to north of 45th Street, the realignment of the intersection
of Jog Road and 45th Street and the construction of improvements on
45th Street from Jog Road to Haverhill Road; and
D) approve the payment of $4,574,736 to the SWA,
as final payment for a previously conveyed parcel and for the conveyance of the
six (6) fee simple parcels being accepted by this action.
SUMMARY: Approval of this action will convey to the SWA two (2) right-of-way parcels and release Palm Beach County’s interest in a drainage easement no longer needed for the construction of 45th Street, from Jog Road to Haverhill Road and Jog Road, from 45th Street to north of 45th Street, as part of a land swap agreement between the Engineering Department and SWA. Also included in this action, is the acceptance of the conveyance from SWA of six (6) fee simple parcels and the approval of the payment to SWA finalizing the land swap. Districts 6 & 7 (PK)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
12. Staff recommends
motion to adopt: a Resolution
to approve Amendment Number One to the Joint Participation Agreement (JPA) with
the Florida Department of Transportation (FDOT) for intersection improvements
at Okeechobee Boulevard and Tamarind Avenue.
SUMMARY: The FDOT
and Palm Beach County have partnered together to design signal improvements at
the intersection of Okeechobee Boulevard and Tamarind Avenue under a JPA
approved on November 29, 2007, with an expiration date of June 30, 2009. This
improvement is being done concurrently with the roadway improvement. Approval
of this Amendment to the existing JPA will extend the expiration date from June
30, 2009, to December 31, 2009. District 7 (MRE)
13. Staff recommends
motion to adopt: a Resolution to approve Amendment Number Two to the
Joint Participation Agreement (R2007-0620) with the Florida Department of
Transportation for the design and construction of small traffic related
projects. SUMMARY: The original
Agreement provided $500,000 annual funding for small projects from FY 2007/2008
through FY 2011/2012 for a total of $2,500,000.
Amendment Number One previously approved by the Board of County
Commissioners reduced the funding by $135,000 for FY 2008/2009 through FY
2011/2012, for a total reduction of $540,000, which reduced the total to
$1,960,000. Approval of Amendment Number Two will eliminate the funding for FY
2010/2011 and FY 2011/2012. The current
total will be reduced by $730,000 to a final total of $1,230,000. Furthermore, the word “lump sum” has been
removed from paragraph 3 of the original Agreement, and paragraph 5A was
modified to change the method of reimbursement to Palm Beach County from
“approved estimate lump sum” to “actual costs incurred”. Countywide (MRE)
14. DELETED
15. Staff recommends
motion to adopt: a Resolution vacating a portion of a 15 foot wide
private drainage easement within Lot 4 of Old Gate Subdivision, as recorded in
Plat Book 104, Pages 170-171, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located
south of Donald Ross Road and east of Prosperity Farms Road. The petitioner is requesting the vacation in
order to meet the required setbacks to accommodate the construction of a larger
residence. District 1 (PK)
16. Staff recommends
motion to adopt: a Resolution
vacating those certain portions of utility easements lying within Tract “S”,
Yamato Court MUPD, as recorded in Plat Book 110, Pages 158-163; Public Records
of Palm Beach County, Florida. SUMMARY:
This petition site is located at the southeast corner of Yamato Road and State
Road 7. The petitioner is requesting the vacation because the water lines were
installed in a different location and these easements are no longer needed. District 5 (PK)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to receive and file: the official transcript for the closing of the $35,075,000 Public Improvement Revenue Bonds, Series 2008 (Law Enforcement Information Technology Project) (the “Bonds”), as authorized by Resolution R2008-0108 adopted on January 15, 2008. SUMMARY: The closing occurred January 24, 2008. The official transcript for this transaction has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)
2. Staff recommends
motion to receive and file: documents
for inclusion in the official transcript of the $17,000,000 Sunshine
State Governmental Financing Commission Paper Revenue Notes (Palm Beach County
Program) Series J (documents associated with second draw) (the “Bonds”), as
authorized by Resolution R2006-2300 adopted on October 17, 2006. SUMMARY: The documents tabbed
No. 22, No. 23, No. 24, No. 25, No. 26 and No. 27 have been provided for
inclusion in the official transcript, dated December 6, 2006, previously
provided for this transaction. These
documents should now be received and filed in the Minutes Department. Countywide
(PFK)
3. Staff recommends
motion to receive and file: documents for inclusion in the official
transcript of the $34,500,000 Sunshine State Governmental Financing Commission
Paper Revenue Notes (Palm Beach County Program) Series J (documents associated
with second draw) (the “Bonds”), as authorized by Resolution R2005-1927 adopted
on September 27, 2005. SUMMARY: The documents tabbed No. 37, No. 38 and No. 39 have been provided for
inclusion in the official transcript previously provided for this transaction.
These documents should now be received and filed in the Minutes Department. Countywide
(PFK)
4. Staff recommends
motion to receive and file: the
official transcript for the closing of the $11,543,892.36 Palm Beach County,
Florida, Taxable Public Improvement Revenue Bond Anticipation Notes, Series
2007 (Convention Center Hotel Project) (the “Bonds”), as authorized by
Resolution R2007-0584 adopted on April 10, 2007. SUMMARY:
The closing occurred April
30, 2007. The official transcript for
this transaction has been provided. This
transcript should now be received and filed in the Minutes Department. Countywide (PFK)
5. Staff recommends motion to receive and file: the official transcript for the closing of the $176,585,000 Palm Beach County, Florida, Public Improvement Revenue Bonds, Series 2008 (the “Bonds”), as authorized by Resolution R2008-1363 adopted on August 18, 2008. SUMMARY: The closing occurred August 28, 2008. The official transcript for this transaction has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No. 3 to Contract (R2008-0731) with Legal
Aid Society of Palm Beach County, Inc., for the period March 1, 2008, through
February 28, 2009, to increase funding by $23,000 for Legal Services/Permanency
Planning Services. Summary: The Ryan White Part A Grantee is converting
to a new MIS (Management Information System) named CAREWare. Funds will allow Agency to upgrade MIS to be
compatible with the new CAREWare program recommended by the funding source of
the grant. No County funds are required. (Ryan White) Countywide
(TKF)
2. Staff recommends
motion to approve: Head
Start Contracted Services Agreement with Education Development Center, Inc.
(dba My First Steps Preschool) for the period of April 1, 2009, through
September 30, 2009, in an amount of $238,745, for services to Head Start
children and their families. Summary: This Agreement repeals and
replaces the existing Contract Provider Agreement (R2008-1728) with Education
Development Center, Inc. (dba My
First Steps Preschool). The Agreement revises terms and conditions to ensure
the provider increases their organizational capacity to better serve the
children and their families. The
Agreement is based on a daily rate of $22.57 per child/per day for 82 children
for 129 days. Funding consists of
$148,022 in Federal funds and $29,604 in County funds and $61,119 in Overmatch
funds. The County=s portion is included in the FY 2009 budget.
This Contract change reduces the annual contracted amount for this agency by
$17,136. (Head Start) Countywide (TKF)
3. Staff recommends
motion to approve: Amendment No. 004 to Standard Agreement No.
IU008-9500 (R2008-0171) for the Nutrition Services Incentive Program (NSIP)
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for the period
October 1, 2008, through April 30, 2009, increasing the maximum reimbursement
by $222,268.44 for a new not-to-exceed amount of $598,739.20 for
various supportive services to seniors and to extend the reconciliation period.
Summary: Additional funding has been granted under the
NSIP grant. This Amendment will increase
the new maximum reimbursement, adjust the per meal rates, and extend the
reconciliation period. In the area south of Hypoluxo Road, Mae Volen Senior
Center, Inc. currently provides OAA services under a similar grant from the
AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south
of Hypoluxo Road (TKF)
4. Staff recommends
motion to approve: Amendment No. 3 to Contract with Comprehensive
Community Care Network, Inc. (R2008-0953), for the period March 1, 2008,
through February 28, 2009, in the amount of $129,676 for an added service
category of Ambulatory Outpatient Primary Medical. Summary: Ryan White HIV Health Support service dollars
are reviewed throughout the contract year and allocated to best meet the needs
of affected clients. This service category, Ambulatory Outpatient Primary
Medical, is not currently on the contract. It is a needed category for this
provider to best serve the Ryan White clients. Funding of $129,676 is being
moved from the Administrative reserve.
These dollars are being moved to ensure that agencies will have funds to
meet budgetary needs for the grant period.
No County funds are
required. (Ryan White) Countywide (TKF)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve: Travel for two (2) Head Start/Early Head Start Policy Council
Members to attend the National Head Start Association, 36th Annual
National Training Conference in Orlando, Florida, April 26, 2009, through May
2, 2009, for an estimated cost of $4,164.
Summary: Travel
approval and travel advance is requested for Head Start/Early Head Start Policy
Council members Cynthia Smith and Karen Simpson to attend the National Head
Start Association 36th National Training Conference in Orlando,
Florida. A travel advance is being
requested for Cynthia Smith and Karen Simpson. The grantor agency requires that
Head Start parents and community representatives receive training in order to
take an active role in the program. A travel advance is needed to assist
parents in participating in the trainings/conference offered by the National
Head Start Association. The estimated cost of $4,164 provides for
conference registration, lodging, ground transportation, and meals for two (2) participants.
Funding consists of $3,331 (80%)
in Federal funds and $833 (20%) in County funds. (Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to delegate: authority to the County Administrator or his
designee to file the statutory notice to abandon the Development of Regional
Impact (DRI) Development Orders for Palm Beach International Airport (PBIA) and
North Palm Beach County General Aviation Airport (NCO). SUMMARY: Both PBIA and NCO have
DRI Development Orders issued by Palm Beach County. Florida
State Statute Section 163.3177(6)(k) provides a means for abandoning DRI
Development Orders when airport master plans have been incorporated into the
Comprehensive Plan. Palm Beach County
has met these conditions. In
Comprehensive Plan Round 08-2, Palm Beach County incorporated updated master
plans for PBIA and NCO into the Comprehensive Plan. That plan amendment (Ordinance 2008-54) was
found in compliance by the Department of Community Affairs and notice to that
effect was published February 11, 2009.
The statutory period to contest a compliance finding has expired (March
4, 2009) without challenge by any party.
Those plan amendments are now in effect.
The Department of Airports is seeking authorization to allow the County
Administrator or his designee to file the statutory notice of abandonment as
appropriate. Countywide (AH)
2. Staff recommends
motion to approve: a Contract with E.C. Stokes Mechanical
Contractor, Inc. in the amount of $833,325 for the Cabin Air System
Improvements Project at Palm Beach International Airport (PBIA). SUMMARY: This project was advertised utilizing the
County’s competitive bid process. On
February 10, 2009, two (2) bids were received for the Cabin Air System
Improvements Project at PBIA. Of the two
(2) bids, E.C. Stokes Mechanical Contractor, Inc. has been identified as a
responsible/responsive bidder in the amount of $833,325. The Small Business
Enterprise (SBE) Goal for this project was established at 15.00%. E.C. Stokes Mechanical Contractor, Inc. is a
certified SBE and this project is 100% SBE participation. Countywide
(JCM)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: three (3)
original Agreements for the Department of Airports:
A) Federal Aviation Administration Grant Agreement for constructing
new Air Cargo Apron at Palm Beach International Airport (AH);
B) Federal Aviation
Administration Grant Agreement for upgrade of electrical vault at Palm Beach
County Park Airport (AH); and
C) Access Agreement with Galaxy Aviation of Palm Beach, Inc.
for sole purpose of inspecting and evaluating condition of property, commencing
8:00 a.m. March 1, 2009, expiring 5:00 p.m. May 1, 2009 (JB).
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the BCC
in R2006-2086 and R2006-2716. Countywide
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: a sole source procurement with SimplexGrinnell LP for $440,750 for a retrofit of the Fire Alarm System for the Judicial Center, SA/PD, and the Central Energy Plant at the Government Center Complex in West Palm Beach. SUMMARY: The existing fire alarm system is out of production and no longer supported by the system sole authorized servicing agent. The County needs to replace the system but at the same time not experience any loss of coverage in order to avoid a cost prohibitive 24/7 dedicated fire watch per floor as mandated by the Fire Marshall for coverage losses greater than four hours. The Simplex product is the only product that is compatible with the existing system and can be incrementally replaced to avoid loss of coverage. SimplexGrinnell is the sole authorized servicing agent and factory authorized source of this product. All funding for this project is from the five (5) year Capital Improvement Program replacement/renewal of electronic systems. The SBE participation for this contract is 0%. The total construction duration is 180 days. (FD&O Admin) District 7 (JM)
2. Staff recommends motion to approve: Amendment No. 2 to Contract with Roofing Concepts Unlimited/Florida, Inc. (R2007-0943) to implement the second renewal of an annual roofing contract. SUMMARY: Amendment No. 2 is a renewal to the Annual ContractBRoofing which was awarded to Roofing Concepts Unlimited/Florida, Inc., as one (1) of seven (7) approved roofing contractors. The annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is 12 months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of four (4) extensions allowed by the Contract. SBE goals for the roofing contracts are 15%. Roofing Concept=s participation for work orders issued to date is 0%. Work orders issued to date for all seven (7) annual contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide (JM)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends motion to approve: Amendment No. 2 to Contract with Certified Roofing Specialists, Inc. (R2007-1101) to implement the second renewal of an annual roofing contract. SUMMARY: Amendment No. 2 is a renewal to the Annual ContractBRoofing which was awarded to Certified Roofing Specialists, Inc., as one (1) of seven (7) approved roofing contractors. The annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is 12 months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of four (4) extensions allowed by the Contract. SBE participation goal for the Roofing contracts are 15%. Certified Roofing=s participation for work orders issued to date is 0%. Work orders issued to date for all seven (7) annual contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide (JM)
4. Staff recommends motion to approve: Amendment No. 2 to Contract with Industrial Roof Repairs, Inc. (R2007-1302) to implement the second renewal of an annual roofing contract. SUMMARY: Amendment No. 2 is a renewal to the Annual ContractBRoofing which was awarded to Industrial Roof Repairs, Inc., as one (1) of seven (7) approved roofing contractors. The annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is 12 months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of four (4) extensions allowed by the Contract. SBE goals for the roofing contracts are 15%. Industrial=s participation for work orders issued to date is 100%. Work orders issued to date for all seven (7) annual contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide (JM)
5. Staff recommends motion to approve: Amendment No. 2 to Contract with Advanced Roofing, Inc. (R2007-1102) to implement the second renewal of an annual roofing contract. SUMMARY: Amendment No. 2 is a renewal to the Annual ContractBRoofing which was awarded to Advanced Roofing, Inc., as one (1) of seven (7) approved roofing contractors. The annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is 12 months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of four (4) extensions allowed by the Contract. SBE goals for the roofing contracts are 15%. Advanced=s participation for work orders issued to date is 0%. Work orders issued to date for all seven (7) annual contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide (JM)
6. Staff recommends
motion to approve: Amendment No.
2 to Contract with The Roof Authority, Inc. (R2007-1301) to implement the
second renewal of an annual roofing contract.
SUMMARY: Amendment No. 2
is a renewal to the Annual ContractBRoofing
which was awarded to The Roof Authority, Inc., as one (1) of seven (7) approved
roofing contractors. The annual roofing
contract is an indefinite-quantity contract and this renewal has a maximum
value of $1,500,000. The renewal term is
12 months or until $1,500,000 in work orders are issued. Staff is bringing
forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in
effect. This is the second of four (4) extensions
allowed by the Contract. SBE goals for the roofing contracts are 15%. The Roof
Authority=s participation for work orders issued
to date is 0%. Work orders issued to
date for all seven (7) contracts include a combined SBE participation of 47.2%.
(FD&O Admin) Countywide (JM)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: Amendment
No. 2 to Contract with Murton Roofing Corp. (R2007-0942) to implement the
second renewal of an annual roofing contract. SUMMARY: Amendment No.
2 is a renewal to the Annual ContractBRoofing
which was awarded to Murton Roofing Corp., as one (1) of seven (7) approved
roofing contractors. The annual roofing
contract is an indefinite-quantity contract and this renewal has a maximum
value of $1,500,000. The renewal term is
12 months or until $1,500,000 in work orders are issued. Staff is bringing
forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in
effect. This is the second of four (4) extensions allowed by the Contract. SBE goals for the roofing contracts are 15%. Murton Roofing=s
participation for work orders issued to date is 0%. Work orders issued to date for all seven (7) annual
contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide
(JM)
8. Staff recommends
motion to approve: Amendment
No. 2 to Contract with Hi-Tech Roofing & Sheetmetal, Inc. (R2007-0941) to
implement the second renewal of an annual roofing contract. SUMMARY: Amendment No. 2 is a
renewal to the Annual ContractBRoofing
which was awarded to Hi-Tech Roofing & Sheetmetal, Inc., as one (1) of
seven (7) approved roofing contractors. The
annual roofing contract is an indefinite-quantity contract and this renewal has
a maximum value of $1,500,000. The
renewal term is 12 months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on expiration of the term. All terms of the original contract remain in
effect. This is the second of four (4) extensions
allowed by the Contract. SBE goals for the roofing contracts are 15%. Hi-Tech Roofing=s
participation for work orders issued to date is 100%. Work orders issued to date for all seven (7) annual
contracts include a combined SBE participation of 47.2%. (FD&O Admin) Countywide
(JM)
9. DELETED
10. Staff recommends
motion to approve: an Interlocal
Agreement with the Town of Lantana (Town) for the provision of radio
maintenance services. SUMMARY: This
Agreement provides for the provision of radio equipment (subscriber units and
consoles) maintenance services to the Town, by FDO/Electronic Services and
Security. The services are to be charged
on an hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime
work. In the event that the County must
outsource the labor, a separate labor rate is provided. The maintenance costs for the radio consoles are
provided on a lump sum basis pursuant to the County’s Agreement with
Motorola. The rates may be adjusted
annually with notification by June 1 annually (effective that following October
1) at the County’s sole discretion, but in no event shall the Town’s fee
schedule exceed the fee schedule applied to County departments. The term of the Agreement is for three (3)
years with one (1) – three (3) year renewal.
The Agreement may be terminated by either party, with or without cause
with a minimum of three (3) months notice.
(FDO Admin) District 3 (JM)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: an Interlocal Agreement with the Town of
Lantana (Town) allowing direct access to the County’s 800 MHz Radio System. SUMMARY:
This Interlocal Agreement
provides the terms and conditions under which the Town can directly access the
County’s 800MHz Radio System. The terms
of this Agreement are standard and have been offered to all municipalities and
local branches of State/Federal agencies where connection through an
established municipal hub is not technically feasible. The Agreement requires
that the Town pay a one-time $2,089/unit access or capacity charge as well as
annual fees of $211.42/unit towards the renewal and replacement fund and $154/unit
towards maintenance and operation of the system infrastructure. The Town may permanently transfer the City’s
800MHz frequency with a value of $130,000 to the County to offset a portion of
the amount owed by the Town for the one-time access charges under this Agreement. The Town is required to pay all costs
associated with subscriber units and to comply with the established operating
procedures for the System. The Town will
be a member of the Law Enforcement User Committee which reviews and recommends
policies and practices for the operation of the System. The term of the Agreement is four (4) years
with two (2) – four (4) year renewals.
The Agreement may be terminated by either party, with or without cause,
on October 1st of any year, with a minimum of six (6) months notice.
(FDO Admin) District 3 (JM)
12. Staff recommends
motion to:
A) approve an Agreement for Conveyance, Use and Maintenance with
G.L. Homes of Boca Raton Associates V, Ltd. (G.L. Homes);
B) approve a Drainage Easement and Maintenance
Agreement with G.L. Homes of Boca Raton Associates V, Ltd;
C) adopt a Resolution authorizing the exchange of
property with G.L. Homes of Boca Raton Associates V, Ltd.;
D) approve a County Deed in favor of G.L. Homes of Boca
Raton Associates V, Ltd. conveying .86 acres of County owned property; and
E) accept a Quit-Claim Deed from G.L. Homes of Boca
Raton Associates V, Ltd. conveying 2.36 acres.
SUMMARY: G.L.
Homes is developing a 44-acre subdivision known as the Collier P.U.D., located
adjacent to the northern boundary of South County Regional Park Parcel A. The County has developed Samuel Friedland
Park in the Acreage which is adjacent to property owned by G.L. Homes and is
planned for future development. Both the
County and G.L. Homes have long narrow strips of property which are essentially
unusable by them, but which can be incorporated into the other party’s development. Pursuant to these Agreements, the County will
convey .86 acres adjacent to South County Regional Park to G.L. Homes and grant
G.L. Homes a Drainage Easement. In
exchange, G.L. Homes will convey 2.36 acres adjacent to County’s Samuel
Friedland Park to the County and will maintain a 50’ strip of the County’s
South County Regional Park property. The
intent of these Agreements is to realign the boundary lines of both the County
and G.L. Homes properties to create more efficient development characteristics
and maintenance responsibilities between the respective land owners. The 2.36 acre G.L. Homes parcel was appraised
at $85,000, and the County’s .86 acre parcel was appraised at $105,000. The appraisal did not value the obligation of
G.L. Homes to maintain the 50’strip of County property, nor did it value the
easement in favor of G.L. Homes. Staff
believes that the maintenance obligation offsets the easement value and that
overall this is a fair exchange. (PREM) Districts 5 & 6 (HJF)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to adopt: a Resolution approving the Fifth Amendment to the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for fiscal years 2007-2008, 2008-2009 and 2009-2010 providing for the inclusion of certain state mandated local housing incentive strategies. SUMMARY: Palm Beach County receives an annual allocation from the State of Florida Housing Finance Corporation through the SHIP Program. On July 1, 2007, in accordance with Florida Statutes 420.9076, SHIP jurisdictions are required to modify their LHAPs to include local housing incentive strategies that at a minimum address; expedited permitting for affordable housing; an ongoing review process of local codes, policies, ordinances, regulations and comprehensive plan provisions to determine, if by their adoption, the cost of housing is increased; and a schedule for implementing these incentive strategies. Staff and the Commission on Affordable Housing presented a list of 11 possible local housing incentive strategies at the Board of County Commissioners Workshop of January 27, 2009. Florida Statutes 420.9076(7) provides that any SHIP jurisdiction which does not appropriately amend its LHAP by adopting the minimum local housing incentive strategies, will immediately forfeit its SHIP funding. Palm Beach County must submit its amended LHAP to the Florida Housing Finance Corporation by May 2, 2009. These are state dollars that require no local match. Countywide (TKF)
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, granting County tax exemptions for a total of one (1) historic
property located within the City of Lake Worth; and
B) approve the restrictive covenant for the historic property, requiring the
qualifying improvements be maintained during the period that the tax exemptions
are granted.
SUMMARY: The Resolution
will authorize a County tax exemption for the following historic property
located within the City of Lake Worth:
Address: 604 North Lakeside Drive
If granted, the tax exemption shall take effect January 1, 2010, and shall remain in effect for ten (10) years, or until December 31, 2019. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. Based on the 2009 County Government Millage rate, it is estimated that approximately $499.97 (tax dollars) will be exempted annually. Accompanying the Resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 3 (RB)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) Second Amendment to Agreement of Purchase
and Sale of Water and Wastewater Assets with the Village of Royal Palm Beach;
and
B) Second Amendment to the Transition
Agreement with the Village of Royal Palm Beach.
SUMMARY: The
County and the Village entered into an Agreement of Purchase and Sale of Water
and Wastewater Assets on February 26, 2006 (R2006-0410) in which the Village
agreed to sell the majority of its utility system assets to the County. A First Amendment was approved by the Board
on March 11, 2008 (R2008-0386). The
County and the Village also entered into a Transition Agreement (R2006-2660) on
February 26, 2006 regarding certain issues involved in the transition of the
Village utility system assets to the County.
A First Amendment to the Transition Agreement was approved by the Board
on March 11, 2008 (R2008-0387). Both
agreements included certain provisions related to the post-closing
responsibilities of the County and the Village related to the wastewater
treatment plant site. The Agreement of
Purchase and Sale of Water and Wastewater Assets is being amended to: extend
the deadline for decommissioning the three (3) million gallon water storage
tank at the wastewater treatment plant site to April 30, 2012; create a
procedure for the selection of a decommission contractor utilizing the
Village’s public bidding process; and extend the deadline for filling the
wastewater treatment plant site to June 15, 2011. The Transition Agreement is
being amended to extend the deadline for filling of the percolation pond to
June 15, 2011. District 6
(MJ)
2. DELETED
3. Staff recommends
motion to approve:
A) Work Authorization No. 14 to the Optimization
and Improvements Design/Build Services
with Globaltech, Inc. (R2008-2323) for repair of the Town of Mangonia Park
elevated water storage tank in the amount of $427,636; and
B) Interlocal Agreement with the
Town of Mangonia Park for the elevated storage tank repair.
SUMMARY: On December 16, 2008, the Board approved the Water Utilities Department Optimization and Improvements Design/Build Services Contract with Globaltech, Inc. for treatment plant and regional pump station projects. This Work Authorization is a guaranteed maximum price for repair of the Mangonia Park 100,000 gallon elevated water storage tank utilizing Community Development Block Grant (CDBG) funds from Housing and Community Development (HCD). The elevated water storage tank bowl must be repaired and the riser pipe replaced to insure integrity under hurricane conditions prior to the start of the hurricane season. In addition, the tank legs will be stiffened and the entire tank painted. The Mangonia Park Town Council approved the recommendations for repairs and replacement on January 22, 2009. The Interlocal Agreement specifies the responsibilities of each party. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Globaltech, Inc. provides for SBE participation of 75.00% overall. This Authorization includes 36.60% overall participation. The cumulative SBE participation, including this Work Authorization, is 55.30% overall. (WUD Project No. 09-032) District 7 (JM)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
4. Staff recommends
motion to receive and file: two (2) Standard Development Agreements
complete with executed documents received during the months of January and
February 2009:
Standard Development Agreements
A) Boynton Beach Associates, XVII,
LLLP (District 5) 05-01099-000
B)
Boynton Beach Associates, XXIV, LLLP (District
5) 09-01051-000
SUMMARY: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements (R2003-0539).
After these agreements are executed by the developer and the Department, they
must be recorded by the County Clerk’s Office. This agenda item recommends the
Board receive and file the agreements so they may be properly recorded. Countywide
(SF)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Task Order
No. ERM09-03 to a continuing Contract with Bridge Design Associates, Inc.
(BDA), in the amount of $159,420 for construction phase services on the South
Lake Worth Inlet (SLWI) north and south jetty rehabilitation and Bird Island
seawall construction. SUMMARY: Inspections, shop drawing reviews and
progress meetings are necessary during the construction of the SLWI sand
transfer plant, north and south jetty rehabilitation, and Bird Island seawall
construction. Project funding includes a combination of a Florida Department of
Environmental Protection grant,
ad valorem, South Lake Worth Inlet District (SLWID) revenues, and interest on
the SLWID revenues. Construction
phase services are already in place for the sand transfer plant in Task Order
No. ERM08-03 with BDA. There is 100% SBE consultant participation on
this Task Order. District 4 (JM)
2. Staff recommends motion to approve: Amendment to the Lease Agreement (R2007-1539) with the City of Lake Worth for the management of the Snook Islands Natural Area for a 99-year Lease term. SUMMARY: This Amendment to the Lease Agreement (R2007-1539) provides for an extended 99-year lease for the management and maintenance of the 100 acre Snook Islands Natural Area situated along the eastern shore of the Lake Worth Municipal Golf Course. District 3 (SF)
3. Staff recommends
motion to:
A) approve Budget Transfer of $2,000,000 in the Natural Areas Fund from Reserves to the Environmental Resources Capital Fund; and
B) approve Budget Amendment in the Environmental Resources Capital Fund to recognize the $2,000,000 transfer from the Natural Areas Fund for the Loxahatchee Slough Natural Area project.
SUMMARY: These documents allow for the use of Natural Area Fund Revenues to be used for capital activities in the Loxahatchee Slough Natural Area by transferring $2,000,000 to the Environmental Resources Capital Fund. District 1 (SF)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends motion to approve: Task Order No. 0688-07 to a continuing Contract (R2006-0688) with Applied Technology & Management, Inc. (ATM) in the amount of $157,327.01 to provide permit required biological monitoring in support of the beach re-nourishment project for Juno Beach. SUMMARY: The BCC approved the Contract with ATM on April 18, 2006. Six (6) task orders totaling $518,979.64 have been issued under the Contract. Task Order No. 0688-07 authorizes ATM to conduct biological monitoring as required under Florida Department of Environmental Protection (DEP) permit number 0276415-001-JC. DEP Grant 08PB1 will reimburse 50% of these costs. County match is from a combination of Tourist Development Tax, interest, and ad valorem. ATM committed to an overall 20% Small Business and Minority Business Enterprise (SBE-MBE) participation in the Contract. ATM has achieved 13.9% cumulative SBE-MBE participation on the Contract including this Task Order. District 1 (SF)
5. Staff recommends
motion to approve:
A) approve Grant Agreement No. 08265 with the Florida Fish and Wildlife Conservation Commission (FWC) that provides $19,808 for monitoring 31 reefs, including nine (9) artificial reefs built using construction grants from FWC;
B) approve Budget Amendment of $19,808 in the Environmental Enhancement Non-Specific Fund; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: This FWC Grant Agreement will reimburse the County $19,808 for monitoring activities associated with 31 reefs. The majority of the work will be performed by the volunteer Palm Beach County Reef Research Team (RRT). The expiration date of the Grant Agreement is December 1, 2010 and no matching funds are required. Districts 1, 4 & 7 (SF)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends
motion to:
A) receive and file Amendment 1 to Florida Department of
Environmental Protection (FDEP) Agreement No. LP6840 extending the completion
date to December 31, 2012;
B) approve Budget Amendment in the Environmental Resources Capital Fund of $4,551,863 to recognize a $1,600,000 contribution from the City of West Palm Beach (City), a $800,000 contribution from the South Florida Water Management District (SFWMD), a revenue from FDEP No. LP6840 of $1,500,000, and a $651,863 transfer from the Capital Outlay Fund to the Northlake Bridge project; and
C) approve Budget Transfer of $651,863 in the Capital Improvement Fund from the Loxahatchee Slough Natural Area project to the Environmental Resources Capital Fund for the unspent portion of the County’s $700,000 match to the Northlake Bridge project.
SUMMARY: An Interlocal Agreement (R2008-570) with the City, SFWMD and the County for construction of a bridge over the Grassy Waters Preserve at Northlake Boulevard with project cost shares of up to $1.6 million from the City; up to $800,000 from the SFWMD and up to $700,000 from the County will allow recreational access and hydrologic connectivity from Grassy Waters Preserve to the County-owned Loxahatchee Slough Natural Area. The FDEP Agreement approved December 4, 2007(R2007-2196) will reimburse up to $1,500,000 and requires a $1,500,000 cost share match. Authority was delegated at that time for approval by the County Administrator or his designee for minor amendments to the Agreement. The total project cost is estimated to be $4,600,000. District 6 (SF)
7. Staff recommends
motion to approve:
A) Second Amendment to the Interlocal Agreement with the City of West Palm Beach (City) and the South Florida Water Management District (SFWMD) (R2006-0140) for the C-51 Canal Sediment Management Project, modifying the Scope of Work and increasing the total project cost by $1,100,000 and the County’s funding obligation by $850,000; and
B) Budget Amendment of $250,000 in the Natural Areas Fund to recognize revenue from a 2007 State appropriation for the project.
SUMMARY: The Second Amendment will provide the County with an additional $250,000 from a State appropriation for the project by a pass through from the SFWMD. The Scope of Work is being modified to include a sediment management (muck capping) project at the mouth of the C-51 at Ibis Isle, and increase the total project cost to $4,100,000. The County’s funding obligation of $850,000 consists of $250,000 in prior year expenditures, $300,000 from a Lake Worth Lagoon Partnership grant and $300,000 from the Manatee Program. If the SFWMD does not pay its portion of the project costs immediately, the County will invoice the SFWMD as needed. Districts 2 & 3 (SF)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff
recommends motion to:
A) accept Special Warranty Deed from the Solid Waste Authority (SWA) conveying its undivided 28% ownership interest in and to a + 230.54-acre parcel of improved land jointly owned by the SWA and County, located south of Indiantown Road between Jupiter Farms Road and Riverbend Park (the Property);
B) approve Amended and Restated Interlocal Agreement (AR Agreement) with the SWA to allow for the harvesting and removal of fill within the Property;
C) accept assignment of Lease and Escrow Agreement from the SWA for a portion of a ±230.54-acre parcel of land located south of Indiantown Road between Jupiter Farms Road and the Property; and
D) authorize County Administrator, or his designee, to sign all future time extensions and necessary minor amendments that do not substantially change the scope of work or terms and conditions of the AR Agreement.
SUMMARY: The County initially
approved purchase of the Property on
September 11, 2007 (R2007-1589). The
Property was acquired by the County on February 14, 2008, and pursuant to a
December 4, 2007 Interlocal Agreement with the SWA (R2007-2212), the County
assigned to the SWA an undivided 28% ownership interest at closing. One of the
conditions contained in the Purchase and Sale Agreement was that one (1) of the
former owners, the Hatchers, be allowed to lease back a portion of the Property
for a period of up to five (5) years (the “Lease Agreement”, R2007-1590). An
Escrow Agreement was subsequently approved (the “Hatcher Escrow Agreement”,
R2007-2211) which allowed the Hatchers to complete the removal of personal
items from the leased area after the closing date. The Property was
acquired for water resource, environmental restoration/preservation and
recreational purposes. The SWA
contributed $5.5 million towards the purchase of the Property in exchange for
the right to harvest and remove up to 2.2 million cubic yards of fill from the
Property. County staff is applying for
Florida Communities Trust (FCT) Florida Forever Grant Funding to help offset
some of the costs associated with this Property. The SWA is not an eligible recipient of FCT
Grant funding. As a result, SWA has
agreed to convey its 28% undivided interest in the Property to the County to
facilitate consideration of the County’s FCT grant application. The proposed AR
Agreement provides for this conveyance; makes the County, and not SWA,
responsible for the excavation and transportation of approximately 2.2 million
cubic yards of fill material from the water resources/lake area to a designated
SWA fill site; and stipulates that the SWA will reimburse the County for
excavation and delivery costs as defined in the AR Agreement. The AR Agreement also authorizes the County
Administrator, or his designee, to approve all future time extensions and
necessary minor amendments that do not substantially change the scope of work
or terms and conditions of the AR Agreement. District 1 (JMB)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Agreement
with the City of West Palm Beach for the
period April 7, 2009, through September 30, 2009, in an amount not-to-exceed
$7,500 for funding of the Kaleidoscope 2009 event. Summary: This funding is to help offset costs
incurred by the City of West Palm Beach for the Kaleidoscope 2009 event held in
downtown West Palm Beach on January 25, 2009.
Approximately 41,000 people participated in or attended the event. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to December 1, 2008. Funding is from the Recreation Assistance Program (RAP)
District 2 Funds. District 7 (AH)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Forest Hill High School in an amount
not-to-exceed $1,000 for funding of Project Graduation 2009. 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 3 Funds. District 2 (AH)
3. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Pahokee Middle/Senior High School in an
amount not-to-exceed $5,000 for funding of football 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)
4. Staff recommends
motion to receive and file: original executed Amendment to Request for Funding Form for School Board
Recreation Assistance Program (RAP) project for Wellington Community High
School (R2008-1920) extending the term of the project agreement. Summary: This fully executed
Amendment to Request for Funding Form is being processed in accordance with the
Interlocal Agreement for the Funding of Recreation Assistance Program (RAP)
Projects (R2003-1747), as amended. District 6 (AH)
5. Staff recommends
motion to approve:
A) a Budget Transfer of $200,000 in the
Transportation Improvement Fund from Reserve for District 5 to the County Transportation
Trust Fund;
B) a Budget Transfer of $200,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
C) a Budget Transfer of $200,000 in the
General Fund decreasing the annual transfer to the County Transportation Trust
Fund and increasing the annual transfer to the Park Improvement Fund; and
D) a Budget Amendment of $200,000 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 5 Recreation Assistance Program.
Summary: This funding in the amount of $200,000 is for budget transfers and a budget
amendment to increase the gas tax support and decrease the ad valorem support
of the County Transportation Trust Fund, thereby allowing for the allocation of
$200,000 from available ad valorem support to the District 5 Recreation
Assistance Program. At the November 21, 2006
Board meeting, the flexibility of up to $200,000 in transfers per District per
year was approved for this purpose. This
funding will be used for District 5 recreational or cultural projects that the
District 5 Commissioner desires to fund during FY 2009. Individual Agreements for each RAP project will
be brought to the Board for approval. With
the approval of this allocation, the remaining balance available in transfers
for District 5 for FY 2009 is $0. District 5 (AH)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period April 7, 2009, through July 30,
2009, in an amount not-to-exceed $3,600 for funding of the Delray Rocks Youth
Organization year-end trip. Summary:
This funding is to offset expenses paid by the City of Delray Beach for the
Delray Rocks Youth Organization year-end trip to Orlando, Florida, to attend
the Capital One Bowl and visit Universal Studios. The trip took place from January 1, through
January 3, 2009, and approximately 75 youth participated. The Agreement allows
for the reimbursement of eligible project costs incurred subsequent to December
1, 2008. Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
7. Staff recommends
motion to approve: Agreement
with Palm Beach County Film and Television Institute, Inc. for the period April
7, 2009, through March 1, 2010, in an amount not-to-exceed $7,500 for funding
of the Community Recognition Event. Summary: This funding is to help offset costs for
an event to be held by the Palm Beach County Film and Television Institute at
the Palm Beach County Convention Center.
The event is anticipated to be attended by approximately 400 people and
will be televised to an available audience of over 600,000 people in Palm Beach
County. The Agreement allows for the reimbursement of eligible expenses incurred
subsequent to January 10, 2009. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District 7 (AH)
8. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received
during the month of December:
A) Bernard Crawford, Wheelchair
Rugby Official, Therapeutic Recreation Complex;
B) Rupert Smith, Wheelchair Rugby
Official, Therapeutic Recreation Complex;
C) John Bishop, Wheelchair Rugby
Official, Therapeutic Recreation Complex;
D) Marianne Duda, Wheelchair Rugby
Official, Therapeutic Recreation Complex;
E) David Wright, USA Competitive
Head Swim Coach, Aqua Crest Pool;
F) Aaron Banfield, Wheelchair Rugby
Official, Therapeutic Recreation Complex; and
G) Karen Lindquist, Outdoor Skills
Series, Daggerwing Nature 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 3, 5 & 7 (AH)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
9. Staff recommends
motion to:
A) ratify the Chairman’s
signature on a State of Florida Department of Environmental Protection (FDEP)
Land and Water Conservation Fund (L&WCF) Grant Application submitted for
the John Prince Memorial Park Campground Phase II Development Project;
B) authorize the County
Administrator or his designee to execute the grant project agreement, time
extensions, task assignments, certifications, standard forms, or amendments to
the agreement that do not change the scope of work or terms and conditions of
the agreement, if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with the FDEP for this project.
Summary: This Grant Application requests $200,000 from
the L&WCF for the John Prince Memorial Park Campground Phase II Development
Project. Project elements include construction of 12 campsites, canoe/kayak
launch, group picnic shelter, lakeside hiking trail, handicap parking spaces at
the restrooms, and new landscaping and irrigation. The existing playground,
picnic shelter, and restroom will be renovated. In addition, 53 campsites will
be upgraded with sanitary sewer connections and upgraded electrical pedestals.
If the grant is awarded, and once the project is complete, the grant project
agreement requires a Notice of Limitation of Use to be recorded in
public records limiting the project site to outdoor recreation for the use and
benefit of the public in perpetuity. District
3 (AH)
10. Staff recommends
motion to:
A) ratify the Chairman’s
signature on a South Florida Water Management District (SFWMD) Indian River
Lagoon License Plate Grant Application submitted for the Carlin Park Sanitary
Sewer Project;
B) authorize the County
Administrator or his designee to execute the grant project agreement, time
extensions, task assignments, certifications, standard forms, or amendments to
the agreement that do not change the scope of work or terms and conditions of
the agreement, if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with the SFWMD
for this project.
Summary: This Grant Application requests $65,975 from SFWMD Indian River Lagoon
License Plate grant funding for the Carlin Park Sanitary Sewer Project. Project
elements include connecting four restrooms to public sanitary sewer and
abandoning three septic tanks. The
project is necessary because the County is in the process of constructing a
performing arts amphitheater in Carlin Park and the Town of Jupiter required
that the restrooms be connected to the public sanitary sewer system within five
(5) years as condition of approval for the amphitheater project. District 1 (AH)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
11. Staff recommends
motion to approve: Recreation Assistance Program allocation to
the Parks and Recreation Department in an amount not-to-exceed $3,248 for the Veteran’s
Park Memorial Day event. Summary: This
allocation provides $3,248 to fund the Memorial Day event to be held on
May 25, 2009, at Veteran's Park in Boca
Raton. This event is being held in
cooperation with the West Boca Veteran’s Coalition for an expected audience of
250 people. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. District 5 (AH)
12. Staff recommends
motion to approve:
A) lighting the existing multi-purpose field
and developing a second field on the Canyon Lakes 11-acre civic site;
B) Budget Transfer of $173,446 in the 1999 $25M
General Obligation Recreation & Cultural Bond Fund from Eagles Landing
Baseball Fields ($100,000) and Therapeutic Recreation Complex ($73,446) to West
Delray/Boynton District Park; and
C) Budget Transfer of $100,000 in the 2003 $25M General Obligation Parks
& Cultural Facilities Bond Fund from Therapeutic Recreation Complex
Improvements to West Delray/Boynton District Park.
Summary: In an effort to
provide for the shortage of multi purpose athletic fields in the West Boynton
area, the Board required the developer of Canyon Town Center to construct a
competitive quality field on the east portion of the Canyon Lakes civic
site. Staff believes that the tremendous
demand in this area for youth soccer and football could best be accommodated by
lighting this field and developing a second field on the west portion of the
site. While some funding for these
improvements is already budgeted, two (2) budget transfers totaling $273,446
are necessary to complete the proposed improvements. District 5 (AH)
13. Staff recommends motion to approve: Termination Agreement with AccesSportAmerica, Inc. for an outrigger canoeing and adaptive windsurfing program for people with disabilities. Summary: On May 6, 2008, Palm Beach County and AccesSportAmerica, Inc. entered into an Agreement (R2008‑0784) to develop and implement outrigger canoeing and windsurfing programs at Okeeheelee Park for people with disabilities. AccesSportAmerica, Inc. desires to terminate the Agreement effective January 1, 2009, because funding has run out and they can no longer provide the equipment and instructors necessary to run the program. District 6 (AH)
APRIL
7, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
14. Staff recommends
motion to adopt: Resolution authorizing the County
Administrator or his designee to execute standard sound and light production
services contractor agreements for the provision of sound and light production
for entertainment at County facilities. Summary: Palm Beach County Parks and Recreation
Department (Parks) regularly hosts special events in which sound and light production
services are needed. Due to the frequency of hiring sound and
light production services, staff is recommending that the Board of County
Commissioners approve a resolution which delegates authority to the
County Administrator or his designee to execute standard sound and light production
services contractor agreements on behalf of the County. Countywide (AH)
AA. PALM
TRAN
1. Staff recommends
motion to approve: Interlocal
Agreement with the City of Boynton Beach for the lease of four (4) wheelchair
lift-equipped vans to be used to provide local transit service within the City
of Boynton Beach for four (4) years from January 2, 2009, through January 1, 2013.
Summary: In
the year 2000, the County obtained Federal funds for the purchase of four (4)
wheelchair lift-equipped vans to be used by the City of Boynton Beach, Florida,
for local specialized transit service within the City. By utilizing 100% Federal funds, the County
purchased four (4) new vans. The City of
Boynton Beach pays the County an annual lease fee of $10 for the use of the
vehicles. Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Amendment
of $90,000 in the General Fund for security services provided by the Palm Beach
County Sheriff's Office to the Lake Worth Community Redevelopment Agency for
the period February 1, 2009, through September 30, 2009. SUMMARY: The Budget Amendment includes
the cost for one (1) additional Deputy as set forth in the contract between the
Palm Beach County Sheriff's Office and the Lake Worth Community Redevelopment
Agency, effective February 1, 2009. The
contract provides for the option to renew.
Countywide (DW)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice extending the
Florida Department of Law Enforcement, Terrorism Prevention Program Grant
period from December 31, 2008, to March 31, 2009. SUMMARY: The
Board of County Commissioners (BCC) accepted this grant for $97,312 on July 8,
2008; the original period for this grant was April 7, 2008, through December
31, 2008 (R2008-1237). This agenda item
will extend the grant period from December 31, 2008, through March 31, 2009. The objective of this
program is to enhance Palm Beach County’s critical infrastructure and key
resources. These funds, which have been
approved by FDLE, will be used to enhance the County’s risk assessments on
assets believed to be time critical. The Palm Beach County Sheriff’s Office has been
given an extension to allow the grant funds to be fully expended. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (DW)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
3. Staff recommends
motion to receive and file: Grant
Adjustment Notice extending the Department of Justice Office of Justice
Programs Edward Byrne Memorial State and Local Law Enforcement Assistance
Discretionary Grants Program period from March 31, 2009, to March 31, 2010. SUMMARY: The Board of County Commissioners (BCC) accepted
this grant for $300,000 on July 8, 2009; the original period for this grant was
April 1, 2008, through March 31, 2009 (R2008-1238). This agenda item will
extend the grant period from March 31, 2009, through March 31, 2010. The objective of this
program is to implement Palm Beach County’s Comprehensive Strategy to effectively
manage sexual offenders and predators. The Strategy includes: expanding the PBSO
Sexual Predator and Offender Tracking Unit with the hire of a full-time detective
and a full-time coordinator; enhancing multi-agency and multi-jurisdictional
collaboration; and improving the exchange of law enforcement information
between local, state and federal agencies. The Palm Beach County Sheriff’s Office has been given an extension to
allow the grant funds to be fully expended. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
4. Staff recommends
motion to receive and file: Grant Adjustment Notice extending
the Florida Department of Law Enforcement’s State Homeland Security Grant
period from March 31, 2009, to November 30, 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). On October 21, 2008, the BCC received and filed an
agenda item extending the grant period from September 30, 2008, through March
31, 2009 (R2008-1955). This agenda
item will extend the grant period from March 31, 2009, to November 30,
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 chemical, biological, radiological/nuclear,
and explosive 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 additional County funds are
required. Countywide (DW)
5. Staff recommends
motion to receive and file: Grant
Adjustment Notice extending the U.S. Department of Justice Project Safe
Neighborhood grant period from December 31, 2008, to June 30, 2009. SUMMARY: The Board of County
Commissioners (BCC) accepted this grant for $44,125 on September 11, 2007; the original grant period was July
1, 2007, through March 31, 2008 (R2007-
1575). On June 3, 2008, the BCC
received and filed an agenda item extending the grant period from March
31, 2008, through December 31, 2008
(R2008-1001). This agenda item will extend
the grant period from December 31, 2008, through June 30, 2009. The objective of this program is to purchase lighting and develop a
basketball and prevention education program for youth in and around the Fremd
Village Housing community in Pahokee. The Palm Beach County Sheriff’s Office has been given an extension to
allow the grant funds to be fully expended. No additional positions are needed and no additional County funds are
required. Countywide (DW)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
6. Staff recommends
motion to receive and file: a
Grant Adjustment Notice extending the Department of Justice Office of Justice
Programs Edward Byrne Memorial Discretionary grant period from March 31, 2009,
to September 30, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for
$1,650,000 on November 6, 2007; the original period for this grant was October
1, 2007, through September 30, 2008 (R2007-2051). On May 6, 2008, the BCC
received and filed an agenda item extending the grant period from September 30,
2008, through March 31, 2009 (R2008-0814). This agenda item will extend the grant period from March 31,
2009, to September 30, 2009. The
objective of this program is to
create safer communities by reducing the violence and gang problem in Palm
Beach County through the coordinated law enforcement response informed by data
and real-time intelligence. The Palm Beach County Sheriff’s Office has been
given an extension to allow the grant funds to be fully expended. No additional positions are needed and no additional
County funds are required. Countywide
(DW)
7. Staff recommends
motion to:
A) accept a Florida Department of Law Enforcement Office of Criminal Justice grant in the amount of $27,955 for the CBRNE Regional Forensic Response Team Project for the period of February 1, 2009, through January 31, 2010; and
B) approve a Budget Amendment of $27,955 in the Sheriff’s Grants Fund.
SUMMARY: On February 17,
2009, the Palm Beach County Sheriff’s Office (PBSO) received an award to
purchase equipment under the Florida Domestic Security Strategic Plan. These funds and related equipment, which have
been approved by FDLE for purchase, will be used to enhance the capacity and
capability of PBSO’s Forensic Response Team. The purpose of the CBRNE Regional Forensic Response Team Project is to maintain specialized equipment and
replace items that have exceeded their useful lifespan for PBSO’s
Forensic Response Team. There is no
match requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
8. Staff recommends
motion to:
A) accept a Florida Department of Law Enforcement Office of Criminal Justice grant in the amount of $120,000 for the EOD Regional Team Enhanced Capability Project for the period of February 1, 2009, through January 31, 2010; and
B) approve a Budget Amendment of $120,000 in the Sheriff’s Grants Fund.
SUMMARY: On February 17,
2009, the Palm Beach County Sheriff’s Office received an award to purchase
equipment under the Florida Domestic Security Strategic Plan. These funds and related equipment, which have
been approved by FDLE for purchase, will be used to enhance Florida’s SWAT and
EOD capability and capacity. The purpose
of the EOD Regional Team Enhanced Capability Project is to maintain specialized equipment and
replace items that have exceeded their useful lifespan for SWAT and EOD teams.
There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (DW)
APRIL 7, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
9. Staff recommends
motion to:
A) accept a Florida Department of Law Enforcement Office of Criminal Justice grant in the amount of $16,500 for the Regional Aviation Response and Support Project for the period of February 1, 2009, through January 31, 2010; and
B) approve a Budget Amendment of $16,500 in the Sheriff’s Grants Fund.
SUMMARY: On February 17,
2009, the Palm Beach County Sheriff’s Office received an award to purchase
equipment under the Florida Domestic Security Strategic Plan. These funds and related equipment, which have
been approved by FDLE for purchase, will be used to implement the Regional
Aviation Response and Support Project. The purpose of the Regional Aviation
Response and Support Project is to
maintain specialized equipment and replace items that have exceeded their useful
lifespan for Aviation Response teams. There is
no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (DW)
CC. SUPERVISOR
OF ELECTIONS
1. Staff recommends
motion to approve: Precinct boundary changes submitted by Susan Bucher,
Supervisor of Elections, as required by Section 101.001(1), Florida Statutes. Summary: Precinct boundary changes as indicated. Countywide
(LSJ)
* * * * * * * * * * * *
APRIL 7, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring April 2009 as “Water Conservation Month” in Palm Beach County. (Sponsored by Commissioner Santamaria)
B. Proclamation
declaring April 2009 as “Drowning Prevention Awareness Month” in Palm Beach
County. (Sponsored by Commissioner
Koons)
C. Proclamation
declaring April 2009 as “Fair Housing Month” in Palm Beach County. (Sponsored by Commissioner Abrams)
D. Proclamation
declaring April 2009 as “Sexual Assault Awareness Month” in Palm Beach
County. (Sponsored by Commissioner
Koons)
E. Proclamation declaring April 22, 2009 as “Yom Hashoah Remembrance Day” in Palm Beach County. (Sponsored by Commissioner Aaronson)
F. Proclamation declaring April 19 - 25, 2009 as “Days of Remembrance of the Victims of the Holocaust” in Palm Beach County. (Sponsored by Commissioner Aaronson)
G. Proclamation
declaring April 18, 2009 as “Black History Brain Bowl Academic Competition Day”
in Palm Beach County. (Sponsored by
Commissioner Green)
H. Proclamation
declaring April 26 – May 2, 2009 as “National Crime Victims’ Rights Week” in
Palm Beach County. (Sponsored by
Commissioner Santamaria)
I. Proclamation
declaring April 20 – 25, 2009 as “Teenage Safe Driving Awareness Week” in Palm
Beach County. (Sponsored by Commissioner
Vana)
J. Proclamation
declaring April 30, 2009 as “Palm Beach County Charter Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
K. Proclamation
declaring April 2009 as “Pets Are Wonderful Month” in Palm Beach County. (Sponsored by Commissioner Greene)
* * * * * * * * * * * *
APRIL 7, 2009
5. REGULAR
AGENDA
A. PARKS & RECREATION
1. Staff recommends
motion to:
A) approve Termination
Agreement for Interlocal Agreement and Lease Agreement (R2000-1050) with the
City of South Bay (City) for the development and operation of the Crossroads
Lake Depot and Marketplace;
B) authorize Letter of Request to the
Army Corp of Engineers (ACOE) for assignment of Consent to Easement Agreement
for the South Bay Boat Ramps from the City of South Bay to the County;
C) authorize
staff to assume the operation, maintenance and renovation of the South Bay
Crossroads Depot and Boat Ramps properties in conjunction with the County’s
adjoining South Bay RV Campground; and
D) approve Budget Transfer of $200,000 within the $25M
GO Parks and Cultural Improvements Bond Fund from Reserves to South Bay RV and
Recreation Center.
Summary: On June 25, 2000, the City and County executed
a 30-year lease agreement (R2000‑1050) that required the City of South
Bay to design, construct and operate a Crossroads Depot and Marketplace within
two (2) years of the effective date of the Agreement. Due to the City’s current
budgetary constraints and rising cost of the project, it is no longer in a
fiscal position to complete or staff the Crossroads Depot project and has
requested that the County terminate their Lease Agreement. The City also lacks the staff and budget to
renovate and continue operating the adjoining South Bay boat ramps that were
damaged by Hurricane Wilma. Since the
Crossroads Depot and boat ramps promote important recreational and economic
development opportunities in the Glades Area, staff recommends Board approval
of the Termination Agreement and the request to assign the ACOE Consent to Easement Agreement for the South
Bay boat ramps from the City of South Bay to the County. The Parks and Recreation Department is
proposing a program that will complete the Depot project, renovate the boat
ramps and expand the campgrounds at an estimated cost of $2 million. Staff has secured $1.5 million in non-ad
valorem funds for this program and will submit grant applications that are
expected to have a good chance of approval for the remaining $500,000. The
Department will manage these two (2) properties with current Campground staff
and use the added revenues from expansion of the campground and building
rentals to avoid any net increase in operating expenses. District 6 (AH)
APRIL 7, 2009
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends motion to approve:
A) Contract with Ocean Gate General Contractors, Inc., in the amount of $1,299,000 for construction of Southwinds Golf Clubhouse;
B) Budget Transfer of $586,000 from the General Fund Contingency Reserves to the Park Improvement Fund; and
C) Budget Amendment of $586,000 in the Park Improvement Fund to establish budget for Southwinds Golf Course Clubhouse.
SUMMARY: Hurricane Wilma damaged the old clubhouse building beyond repair and it was subsequently demolished. This contract will provide for construction of a replacement 7,900 sq. ft. clubhouse building, renovations to the existing cart barn, site utilities, and miscellaneous improvements. Total estimated construction costs of $1,674,274 will be funded from the Park Improvement Fund. While a significant portion of this project is covered by insurance, the balance of funding necessary will be provided by FEMA on a reimbursement basis. The Budget Transfer and Budget Amendment will provide these funds until they are reimbursement by FEMA. The SBE goal for this project is 15%. Ocean Gate’s bid includes participation of 17.2%. The contract time is 270 calendar days to substantial completion. (Capital Improvements Division) District 5 (JM)
C. ENGINEERING & PUBLIC WORKS
1. Staff requests
Board direction: regarding
potential road paving projects in the Palm Beach Ranchettes, particularly Fargo
Avenue, Pancho/El Paso and Arrowhead Drive. SUMMARY: The Board has heard from one (1) resident,
Mr. Schaller, previously relating to the paving of Fargo Avenue. If the Board wishes to proceed with the
project, a funding source and who should be assessed for the project must be
addressed. Mr. Schaller has never
specifically discussed with the Board who should pay for the improvement to
Fargo, but it is staff’s understanding that he would like the Board to assess
100% of the project cost to 180 properties (of the 450 in the Ranchettes) and
not just assess the 12 properties that access Fargo. The majority of the 14 residents along Pancho
and El Paso also want the Board to find money to pay for their ½ mile of road
paving – and they would prefer to limit their contributions to the amount most
recently assessed in the neighborhood.
They have expressed frustration that the County might fund Fargo ahead
of their roads since they had a standard County accepted petition since 2004,
while Fargo has never produced a County petition. The residents along a one mile section of
Arrowhead have recently also expressed interest for the County to pave their
road. Staff believes that approximately
$2 million would be required for these three projects. However, the MSTU program monies are already
fully committed over the next 3-4 years and there are not sufficient funds to
add any new projects to the program. The
ten (10) projects in the MSTU program are expected to occur over the next few
years as money becomes available to fund them.
Staff strongly recommends that if additional funds are provided to the
program that the existing projects be advanced and any new projects such as
these in the Ranchettes would move to the back of the program. Countywide
(MRE)
APRIL 7, 2009
5. REGULAR
AGENDA
D. FIRE
RESCUE
1. Staff recommends
motion to approve:
A) an Interlocal Agreement with the City of Lake Worth for the provision of fire protection and emergency medical services; and
B) a Pension Agreement with the City of Lake Worth.
SUMMARY: Under this Interlocal Agreement with the City
of Lake Worth (City), the County will provide fire rescue services within the
municipal boundaries of the City beginning October 1, 2009 for a term of ten
(10) years, which will expire September 30, 2019. The City of Lake Worth Fire Rescue employees
will be transferred to the Fire-Rescue complement and have been included in the
current Palm Beach County Fire-Rescue budget proposal for FY 2010. The estimated
net cost to the Fire Rescue MSTU is approximately $2 million annually. The City will lease to the County two (2)
fire-stations for an annual fee of $1.00.
All City Fire-Rescue apparatus and related equipment, staff vehicle,
reserve equipment, maintenance and support equipment, and appliances/furnishings,
shall be transferred to, and become the property of the County on October 1,
2009.
The City and County have proposed a separate Pension Agreement to be incorporated into the Interlocal Agreement, detailing the rights and obligations of each of the parties relating to the pension rights and benefits of the approximately 57 former City Fire Department employees being transferred to County employment. The transferred former City employees will be entitled to exercise any rights they may have to elect to continue to participate as members in the City Plans or become members of the Florida Retirement System. For those employees who remain in the City Plans, the County shall “pick-up” employee/member designated contributions by directly paying a percentage of salary to the City Plan in lieu of the employee/member contribution, in accordance with Section 414(h)(2) of the Internal Revenue Code. Countywide (SB)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL
CONTROL BOARD
APRIL 7, 2009
6. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH DEPARTMENT
(Environmental
Appeals Board)
1. Staff recommends motion to approve: appointment of the following member to the Environmental Appeals Board for a term of three (3) years beginning April 7, 2009:
Name Seat
No. Requirement Recommended By
Raymond Puzzitiello
3 Professional Gold Coast Builders Association
SUMMARY: The Board is composed of five (5) members. Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association; one (1) person recommended by the Gold Coast Builders Association (formerly known as Home Builders and Contractors Association); one (1) professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers; one (1) water resource professional employed by the South Florida Water Management District; and one (1) drinking water engineer employed by the Department of Environmental Protection. This action will fill the above-referenced seat until April 6, 2012. Countywide (GB)
(Environmental
Control Hearing Board)
2. Staff recommends motion to approve: reappointment of the following member to the Environmental Control Hearing Board for a term of three (3) years beginning January 24, 2009:
Name Seat No. Requirement Recommended By
Lewis
Green 2 Medical Doctor Palm Beach County Medical Society
SUMMARY: The Board is composed of five (5) members. Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association, one (1) medical doctor recommended by the Palm Beach County Medical Society, one (1) engineer recommended by the Palm Beach County Chapter of the Florida Engineering Society, and two (2) citizens-at-large not holding elective office. This action will fill the above seat until January 23, 2012. Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL
CONTROL BOARD
RECONVENE AS THE BOARD OF
COUNTY COMMISSIONERS
APRIL 7, 2009
7. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Community Action
Council Administering Board)
1. Staff recommends motion to
approve: appointment of the
following representative to the Community Action Council Administering Board for
a term beginning April 7, 2009, and ending September 30, 2010:
Seat No. Name Organization/Requirement Nominated By
13
Shane Weaver Business/Social
Services Comm. Greene
Comm.
Vana
Comm.
Koons
Summary: Ordinance No. 2004-042, establishes the
Community Action Council Administering Board (CACAB). The CACAB is comprised of not less than 15,
and not more than 23 members. One third
of the members are elected public officials, holding term on the date of
selection, or their representatives. The
remaining are members of business, industry, labor religion, law enforcement,
education or other major groups in the community served. On February 20, 2009,
written notice was sent to each Commissioner to request nominations. The
nominee above meets all applicable guidelines and requirements outlined in the
Community Services Block Grant Contract establishing ordinance. Seat 13 was vacated by Tequisha Myles and the
replacement Shane Weaver will be completing her term. The CACAB has reviewed and approved the
nominees listed above. (Community Action) Countywide (TKF)
B. CRIMINAL JUSTICE COMMISSION
(Criminal
Justice, Mental Health and Substance Abuse Planning Council)
1. Staff recommends motion to approve: The following appointment to the Criminal Justice, Mental Health and Substance Abuse Planning Council, effective April 7, 2009:
Appoint Nominee Seat No. Seat
Requirement
Dr. Linda De Piano 12 Director of a community mental
health agency
SUMMARY: The Palm Beach County Board of County Commissioners enacted Resolution No. 2007-1639, which originally established the 19 member Palm Beach County Criminal Justice, Mental Health and Substance Abuse Planning Council. Thereafter, on April 1, 2008, the Board approved Resolution No. 2008-0559 amending the original resolution to add six (6) additional member seats to the Council. The Criminal Justice Commission recommends the appointment of Dr. Linda De Piano, who desires to serve as a Planning Council representative effective April 7, 2009. Countywide (DW)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 7, 2009
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
APRIL 7, 2009
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
APRIL 7, 2009
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."