ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 21, 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. PUBLIC HEARINGS – 10:00
A.M. (Pages 34 - 35)
6. REGULAR
AGENDA (Pages 36 - 41)
7. BOARD
APPOINTMENTS (Pages 42 - 44)
8. STAFF
COMMENTS (Page 45)
9. COMMISSIONER
COMMENTS (Page 46)
10. ADJOURNMENT (Page 46)
* * * * * * * * * * *
APRIL 21, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Agreement
with Marcia Hope Goodwin for Keynote Speech travel expenses
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Revised
excess fees submitted by Tax Collector for FY 2007/2008
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Joint
Participation Agreement w/City of West Palm Beach for flashing school speed
limit signs
3C-2 Modification
to Subgrant Agreement with FDEM for Lakeside Mobile Home Park project
3C-3 Contract
with H & J Contracting, Inc. for Southwest 14th Street
improvements
3C-4 Ten
(10) Appraiser Agreements to provide appraisal services for right-of-way
acquisition
Page 9
3C-5 Amendment
No. 1 to TRIP Agreement with FDOT for SR 7 bridge widening over C-51 canal.
3C-6 Budget
Transfer/Amendment for 62nd Drive North speed humps
3C-7 Interlocal Agreement with Town of Lantana for
North Broadway Neighborhood street improvements
3C-8 Interlocal
Agreement with City of Delray Beach for Downtown Roundabout Shuttle System
Page 10
3C-9 Resolution
vacating a portion of a 12 foot wide utility easement in Thornhill Green
3C-10 Reimbursement Agreement with Town of Mangonia Park for Boardman
Avenue speed humps
3C-11 Deleted
3C-12 Agreement with Last Devenport, Inc. regarding
45th Street Study (Pinewood Ave to U.S. 1)
D. COUNTY ATTORNEY
Page 10
3D-1 Payment of current and future invoices to
Leon County BCC for pro-rata share of professional services in Leon County, et
al. v. Jeffrey Lewis, et al.
E. COMMUNITY SERVICES
Page 11
3E-1 Standard
Contract for Adult Care Food Program with FDEA
F. AIRPORTS
Page 11
3F-1 Contract
with Ranger Construction Industries for air cargo ramp expansion at PBIA
3F-2 Contract
with Acupower, Inc. for airfield lighting vault renovation project at PBC Park
Airport
Page 12
3F-3 License
Agreement w/Smarte Carte, Inc. for installation/operation of massage chairs at
PBIA
3F-4 Revised
standard Airline Service Incentive Program Participation Agreement
3F-5 Receive
and file three (3) original standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Work
Order No. 09-048 with The Roof Authority for CROC roof replacement
3H-2 CSA
No. 13 with Gartek Engineering Corp. regarding Judicial Center chillers
3H-3 First
Restated Agreement with Sheriff’s Office regarding Cabana Colony Youth Center
Page 14
3H-4 Amendment
No. 2 with Urban Design Studio for property development evaluation services
3H-5 Amendment
No. 1 with Cotleur & Hearing for property development evaluation services
3H-6 Change
Order No. 9 with West Construction for Fire Station No. 73
3H-7 Change
Order No. 7 with Catalfumo Construction for Okeechobee Library project
APRIL 21, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 15
3H-8 Change
Order No. 33 with The Weitz Company regarding Hagen Ranch Road Branch Library
3H-9 Plat
of DuBois AGR – Preserve Plat Five
Page 16
3H-10 Contract with Intellitech Corp. regarding upgrade of Inmate
Management System
3H-11 JOC Work Order No. 09-074 with M.A.C.
Construction for State Attorney/Public Defender air handler replacement
I. HOUSING & COMMUNITY DEVELOPMENT
Page 17
3I-1 Reimbursement
to Housing Partnership regarding 7.29 acres of land on Davis Road
3I-2 Reimbursement
to Housing Partnership regarding Celtic Apartments improvements
3I-3 Amendment
No. 3 with Delray Elderly for purchase/installation of five (5) generators
Page 18
3I-4 Agreement
with City of Lake Worth for Sunset Ridge Park improvements
3I-5 Reimbursement to City of West Palm Beach
regarding Carver Canal storm drainage improvements
3I-6 Amendment
No. 1 with City of Riviera Beach regarding a housing rehabilitation program
Page 19
3I-7 Modification with Delray Beach Community
Development Corp. regarding rehabilitation expenses for conversion of rental
units to homeowner units
3I-8 Three (3) Request for Release of Funds and
Certification forms for HUD regarding Centro Campesino Farmworker Center –
Villa Lago Development
Page 20
3I-9 Reimbursement
to Town of Jupiter for soccer field and walking trail at Jupiter Elementary
3I-10 Agreement with Renaissance Village for rehabilitation of eight (8)
residential units
3I-11 Conditional Grant Agreement with Amelia Estates, LLC for 30 affordable
housing units
Page 21
3I-12 Conditional Grant Agreement with New Urban
Community Development Corp. for development and construction of 11 affordable
housing townhomes
3I-13 Conditional Grant Agreement with Habitat for
Humanity for acquisition of 3.5 acres for 19 affordable housing units
3I-14 Forgivable loan with Housing Trust Group for development of 10
special needs rental units
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 22
3K-1 CSA
No. 2 with Carollo Engineers regarding WTP No. 2 anionic exchange treatment
system
3K-2 Change
Order No. 8 with Poole and Kent Company regarding LRWTP
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 22
3L-1 Deed
of Conservation Easement with SFWMD for Limestone Creek Natural Area
Page 23
3L-2 Task Order No. 0410-09 with Taylor
Engineering regarding South Palm Beach & Lantana Erosion Control project
3L-3 Florida Boating Improvement Program Grant
Application to FWCC for Juno Dunes Natural Area Public Use Facility and
Wetlands Restoration project
Page 24
3L-4 Emergency Watershed Protection Program
Funding Application to NRCS for Cypress Creek Floodplain Easement/Restoration
project
M. PARKS & RECREATION
Page 24
3M-1 Agreement
with Students in the Arts TV/G-Star TV for student programs
APRIL 21, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 25
3M-2 Agreement
with City of Delray Beach for Delray Beach Sister Cities Safari Dinner event
3M-3 Receive and file School Board RAP for U.B.
Kinsey/Palmview Elementary string orchestra and concert chorus trips
3M-4 Receive and file School Board RAP for
Secondary & Career Education Department’s 8th annual Race for
the Arts
3M-5 Receive
and file First Amendment with Corn-Maya for adult soccer program
Page 26
3M-6 Florida Boating Improvement Program funding
for Lake Park Harbor Marina emergency boat ramp remediation
3M-7 Waterways Assistance Program Grant
Application to FIND for DuBois Marina and Shoreline Stabilization project
Page 27
3M-8 Florida Boating Improvement Program Grant
Application with FWCC for design and permitting of the Waterway Park boat
launching facility
3M-9 Tri-Party Agreement with 814 Community Center
and TAB Development for construction U.B. Kinsey Educational and Community
Center
3M-10 Budget Transfer to modify drains at County
pools and waterparks
Page 28
3M-11 Agreement with Boca Raton Champions Golf
Charities 2009 Allianz Championship
3M-12 Special Events permit to the Tropic Thunder
2009 World Championship Invitational Offshore Powerboat Races for use of Burt
Reynolds Park
N. LIBRARY
Page 28
3N-1 Public Library Construction Grant Application
to Division of Library and Information Services for the Acreage Branch Library
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES
Page 29
3R-1 Amendment
No. 2 with NMS Management Services for drug testing program
S. FIRE RESCUE
Page 29
3S-1 Receive
and file two (2) standards agreements for Fire Rescue Department
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 30
3U-1 Change
Order No. 2 with Metatomix, Inc. regarding the VPT/LEX Project
3U-2 Renewal
of Oracle Database Software Maintenance Agreement
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
APRIL 21, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 31
3AA-1 Budget Amendments regarding FDOT grant for mass transit operating
funds
3AA-2 First Amendment with SFRTA for bus services
between Boca Raton TriRail station, FAU, PBCC and Federal Highway
3AA-3 Amendment No. 3 with Solid Waste Authority for storage of Palm Tran
buses
Page 32
3AA-4 Resolution conveying three (3) 2000 Gillig Low Floor buses to Suwannee
County, Florida
BB. SHERIFF
Page 32
3BB-1 Budget Transfer in Law Enforcement Trust Fund
to Urban League of Palm Beach County for 24th Annual Preventing
Crime in the Black Community Conference
CC. SUPERVISOR OF ELECTIONS
Page 32
3CC-1 Precinct boundary
changes
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 33
4A Proclamation honoring Dr. Malecki
4B Annual Service Awards
PUBLIC HEARINGS - 10:00 A.M.
Page 34
5A Federal Transit Administration Grant
Application for Public Transportation Capital Assistance funds under the
American Recovery and Reinvestment Act of 2009
Page 35
5B Budget
Amendments/Transfers to adjust the FY 2009 budgets
5C Grant Applications Clean Cities FY 2009
Petroleum Reduction Technologies for Transportation and Transit Investments for
Greenhouse Gas and Energy Reduction
REGULAR AGENDA
AIRPORTS
Page 36
6A-1 Airport
Parking Changes
ENGINEERING & PUBLIC WORKS
Page 36
6B-1 New fee schedule for Roadway Production,
Traffic Engineering Division, and Land Development services
FACILITIES
DEVELOPMENT & OPERATIONS
Page 37
6C-1 Resolution conveying County’s interest in 686
square foot parcel of land to Southern Homes of Palm Beach, LLC
HOUSING
& COMMUNITY DEVELOPMENT
Page 37
6D-1 Subordination
Agreement in favor of Palm Beach County by Village Centre Apartments, Ltd.
Page 38
6D-2 Program Guidelines for the First Mortgage
Loan Program and Residential Redevelopment Program
APRIL 21, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 38
6E-1 2007
Biennial Update of Impact Fees
Page 39
6E-2 Resolution authorizing issuance of Public
Improvement Revenue Bonds (Four Points and Other Public Buildings project)
PARKS
& RECREATION
Page 40
6F-1 Gramercy
Park Community Center
WATER
UTILITIES
Page 41
6G-1 Interlocal
Agreement with City of Pahokee regarding sanitary sewer improvement projects
BOARD
APPOINTMENTS (Pages 42- 44)
STAFF
COMMENTS (Page 45)
COMMISSIONER
COMMENTS (Page 46)
ADJOURNMENT (Page 46)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: an Agreement with Marcia Hope Goodwin,
Director of City of Orlando’s Neighborhood and Community Affairs, in an amount
not to exceed $530 for travel expenses associated with the presentation of the
Keynote Speech for the Resident Education to Action Program (REAP)
Graduation Ceremony on May 9, 2009. SUMMARY: The Agreement being
submitted for approval provides for the reimbursement of an amount not to
exceed $530 to Marcia Hope Goodwin, City of Orlando’s Neighborhood and
Community Affairs, for travel expenses associated with her presentation of the
Keynote Speech for the REAP
Graduation Ceremony. Countywide
(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:
Meeting Type Meeting Date
Comprehensive
Plan December 3, 2008
Zoning January
8, 2009
Regular February
3, 2009
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: revised excess fees submitted by Anne M.
Gannon, Tax Collector for FY 2007/2008.
SUMMARY: Financial reports of the Constitutional Officers were submitted
to the Office of the Clerk & Comptroller on or before October 31, 2008 and
reported to the Board of County Commissioners on December 2, 2008, in
accordance with Florida Statutes 218.36. The revised amount shown for the Tax
Collector represents an additional payment to the County. A portion of these revenues are budgeted in
the Library, Fire-Rescue, and various other special revenue funds.
Budget Actual Additional
Estimate Excess
Fees Excess Fees
Tax
Collector $31,704,537 $39,214,100 $7,509,563
$31,704,537 $39,214,100 $7,509,563
The amounts shown as revised excess fees
will be included in the adjustment for additional balances brought forward
which will be brought to the Board of County Commissioners. Countywide
(PK)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Joint Project Participation Agreement (JPA) with the City of West Palm Beach (City) for two (2) flashing school speed limit signs at South Olive Elementary School in an amount not to exceed $5,000 of the estimated cost of $11,000;
B) a Budget Transfer of $6,000 in the Transportation Improvement Fund from Reserve for District 2 to South Olive School Flasher – District 2; and
C) a Budget Amendment of $5,000 in the Transportation Improvement Fund to recognize a reimbursement by the City to South Olive School Flasher – District 2.
SUMMARY: Approval of the JPA, Budget Transfer and Budget Amendment will provide funds to have Palm Beach County’s Traffic Division install two (2) school zone flashers at South Olive Elementary School. Funding in an amount of $6,000 of the estimated $11,000 costs come from District 2 Gas Tax Reserves, while the City will contribute $5,000 toward the project. District 2 (MRE)
2. Staff recommends
motion to approve: Modification to a Subgrant Agreement (Agreement)
with the Florida Division of Emergency Management (DEM) to extend the
expiration date of the Agreement to June 30, 2009. SUMMARY: The Federal Emergency
Management Agency Phase I grant (DEM Contract Number 08HM-3G-10-60-01-027), in
the amount of $117,810, for the Lakeside Mobile Home Park, (Project No. 2008910)
was approved on January 15, 2008 (R2008-0014). The Agreement expired on June 5,
2008, and approval of this action will retroactively extend it to June 30,
2009. District 2 (MRE)
3. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $676,178.27 for the Southwest 14th Street Improvements Project No. 2003065 (Project). SUMMARY: The Contract will allow for the reconstruction of approximately 1550 ft. of Southwest 14th Street in Belle Glade from the South Florida Conservancy District Canal 1 to Martin Luther King Boulevard. This Project was initiated by the Housing and Community Development, Community Revitalization Agency for the City of Belle Glade. This Project is federally funded and the Contractor has met the requirements of the Davis-Bacon Act and Federal Wage requirements. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the Project by the Contractor is 15% overall. No matching funds required. District 6 (MRE)
4. Staff recommends
motion to approve: Ten (10) Appraiser Agreements to provide appraisal
services for right-of-way acquisition for the term of one (1) year from April
21, 2009, through April 20, 2010. SUMMARY: Approval of this item will allow
the following ten (10) firms to be
included on Palm Beach County’s prequalified appraisers list for 2009: Ames
Appraisal Services; Anderson & Carr, Inc.; Appraisal & Acquisition
Consultants, Inc.; Callaway & Price, Inc.; Jenkins Appraisal Services,
Inc.; M. R. Ford & Associates, Inc.; Parrish & Edwards, Inc.; R E
Analysts, Inc.; S. F. Holden, Inc.; and The Spivey Group, Inc. Countywide
(PFK)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to adopt: a Resolution approving Amendment Number One to the
Transportation Regional Incentive Program (TRIP) Agreement R2008-0939 with the
State of Florida Department of Transportation (FDOT), in the amount of $900,000
for the SR 7 Bridge Widening over the C-51 Canal. SUMMARY: Approval of Amendment Number One to the TRIP
Agreement will grant Palm Beach County an additional $900,000 to fully fund the
extension of the northbound dual left turn lanes, the addition of a northbound
right turn lane, and the modification of the eastbound and westbound SR 80 (Southern
Blvd) exits from single lanes to dual lanes.
The original agreement granted matching funds for the widening of the
C-51 Canal Bridge at the intersection of SR 7 and SR 80 to a maximum FDOT
contribution of $926,000 for the fourth southbound through lane. District 6 
(MRE)
6. Staff recommends
motion to approve:
A) a Budget Transfer of $3,500 in the Transportation Improvement Fund from Reserve for District 6 to 62nd Drive North Speed Humps – District 6; and
B) a Budget Amendment of $3,500 in the Transportation Improvement Fund to recognize a contribution by Independence Homeowner’s Association for 62nd Drive North Speed Humps – District 6.
SUMMARY: Approval of the Budget Transfer and Budget Amendment will authorize Palm Beach County’s Road and Bridge Division to install four (4) speed humps on 62nd Drive North. Independence Homeowner’s Association’s contribution will pay for two (2) and the District 6 Commissioner will contribute $3,500 for the remaining two (2) speed humps. District 6 (MRE)
7. Staff recommends
motion to approve:
A) an Interlocal Agreement with the Town of Lantana (Town) for North Broadway Neighborhood Street Improvements in an amount not to exceed $150,000; and
B) a Budget Transfer of $150,000 in the Transportation Improvement Fund from Reserve for District 7 to North Broadway Neighborhood Street Improvements – District 7.
SUMMARY: Approval of the Interlocal Agreement and Budget Transfer will provide funds to the Town for North Broadway Neighborhood Street Improvements, which includes the construction of cul-de-sacs that will provide a buffer between the business district and residences. District 7 (MRE)
8. Staff recommends motion to approve:
A) an Interlocal Agreement with the City of Delray Beach (City) not to exceed $30,000 relating to the Downtown Roundabout Shuttle System; and
B) a Budget Transfer of $30,000 in the Transportation Improvement Fund from Reserves for District 4 to Delray Beach-Downtown Roundabout Shuttle System – District 4.
SUMMARY: Approval of the Interlocal Agreement and Budget Transfer will provide funds to help pay for the expansion of the City’s downtown roundabout shuttle system, between the Tri-Rail station and the beach. District 4 (MRE)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to adopt: a Resolution
vacating a portion of a 12 foot wide Utility Easement within Lot 20, Thornhill
Green, as recorded in Plat Book 36, Pages 125, Public Records of Palm Beach
County, Florida. SUMMARY: This
petition site is located west of Powerline Road and south of Palmetto Park Road
on the south side of Arcadia Court. The
petitioner is requesting the vacation to accommodate an addition to their
house. District 4 (PK)
10. Staff recommends
motion to approve:
A) a Reimbursement Agreement with the Town of
Mangonia Park for Boardman Avenue Speed Humps in an amount not to exceed
$6,763; and
B) a Budget Transfer of $6,763 in the
Transportation Improvement Fund from Reserve for District 7 to Mangonia Park
Boardman Avenue Speed Humps – District 7.
SUMMARY: Approval of the Reimbursement Agreement and
Budget Transfer will provide funds to pay for two (2) of eight (8) speed humps
installed on Boardman Avenue. District
7 (MRE)
11. DELETED
12. Staff recommends motion to approve: an Agreement in the amount of $37,814.45 with Last Devenport, Inc. for professional services. SUMMARY: Approval of this Agreement will provide the professional services necessary for the preparation of a study for 45th Street from Pinewood Avenue to U.S. 1. District 7 (PK)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Payment of current and future invoices not to exceed a total of $6,000 to the Leon County Board of County Commissioners for Palm Beach County’s pro-rata share of professional services rendered by Nabors, Giblin & Nickerson in the Criminal Conflict and Civil Regional Counsel litigation styled Leon County, et al. v. Jeffrey Lewis, et al., Second Judicial Circuit Civil Case No. 2008-CA-2475. The current invoice, Invoice No. 4 in the amount of $307.11 for services rendered February 1-28, 2009, is attached to the Agenda Item. SUMMARY: Leon County retained Nabors, Giblin & Nickerson to challenge the state law that requires counties to fund the Office of Criminal Conflict and Civil Regional Counsel. In response to the request for other counties to participate in the litigation, the County Attorney recommended that Palm Beach County join and expend up to $6,000. Palm Beach County was named along with 25 other counties as a plaintiff in the subject action. Past invoices approved to date by the Board of County Commissioners total $2,299.96. This item requests approval of the itemized Nabors, Giblin & Nickerson invoice, as well as approval for payment of future invoices up to the six thousand dollar cap. Payment of the current sum due, $307.11, will bring the total expended to date to $2,607.07, leaving an authorized balance of $3,392.93. Countywide (DMN)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff
recommends motion to approve:
A) Standard Contract for the Adult Care Food
Program (ACFP) with the Florida Department of Elder Affairs (DoEA) for the
period October 1, 2008, through September 30, 2009, for a total not-to-exceed
amount of $28,495; and
B) Budget Amendment of $28,495 in DOSS - Administration
Fund.
Summary: The Division of Senior Services (DOSS) will
be reimbursed $28,495 this contract year from May through September 2009. The ACFP is a component of the federally
funded, Child and Adult Care Food Program, operated nationally by the USDA and
the Department of Elder Affairs. The program provides meal reimbursements to
the DOSS for servicing eligible Adult Day Care clients. (DOSS) Countywide (TKF)
F. AIRPORTS
1. Staff recommends motion to approve:
A) a Contract with Ranger Construction Industries, Inc. in the amount of $1,753,915.10 for the Air Cargo Ramp Expansion project at Palm Beach International Airport (PBIA); and
B) Budget Amendment of
$1,567,297 in the Airports Improvement and Development Fund to establish
$2,185,814 in funding for project expenditures, including design costs and
contingency funding; to recognize $1,567,297 of Federal Aviation Administration
(FAA) grant funding, and a transfer of $282,703 from Airport Reserves, and
$335,814 from P-Design and Engineering Services.
SUMMARY: This project was
advertised utilizing the County’s competitive bid process. On February 5, 2009,
seven (7) bids were received for the Air Cargo Ramp Expansion Project at
PBIA. Of the seven (7) bids, Ranger
Construction Industries, Inc. has been identified as a responsible/responsive
bidder in the amount of $1,753,915.10. In addition to the construction
contract, project expenditures also include design costs, permitting fees and
contingency funding. The Disadvantaged
Business Enterprise (DBE) Goal for this project was established at 15.00%.
Ranger Construction Industries, Inc. bid contained 15.18% DBE participation. Matching funds of $522,432 (25%) are required
from Airport Revenues. Countywide
(JCM)
2. Staff recommends
motion to approve:
A) a Contract with Acupower, Inc. in the amount of $233,500 for the Airfield Lighting Vault Renovation Project at Palm Beach County Park Airport (Lantana); and
B) a Budget Amendment of $221,825 in the Airports
Improvement and Development Fund to recognize Federal Aviation Administration
(FAA) Grant Funding and $221,825 in the expenditure budget for construction of
the project.
SUMMARY: This project was advertised utilizing the County’s
competitive bid process. On February 5, 2009, ten (10) bids were received for
the Airfield Lighting Vault Renovation Project at Lantana Airport. Of the ten
(10) bids, Acupower, Inc. has been identified as a responsible/responsive
bidder in the amount of $233,500. The
Disadvantaged Business Enterprise (DBE) Goal for this project was established
at 15.00%. Acupower, Inc. bid contained
17.77% DBE participation. Matching funds
of $11,675 (5%) are required from Airport Revenues. Countywide (JCM)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: a License Agreement with Smarte Carte, Inc.,
for the installation and operation of mechanical massage chairs at the Palm
Beach International Airport (PBIA) on a trial basis, commencing on May 1,
2009. SUMMARY: The License
Agreement provides for the operation of mechanical massage chairs at PBIA for a
period of five (5) months. Smarte Carte will pay the County $240 per
month or 20% of monthly gross revenues, whichever is higher. Smarte Carte will
provide monthly reports regarding the use of the mechanical massage chairs,
which will assist staff in determining the viability of offering massage chair
concession services at PBIA prior to issuing a competitive solicitation. Countywide (JB)
4. Staff recommends
motion to adopt: Resolution approving a revised standard form
Airline Service Incentive Program Participation Agreement; authorizing the
County Administrator or his designee to execute and make certain amendments to
the standard form agreement; repealing Resolution 2006-2643; and providing an
effective date. SUMMARY: The Airline Incentive
Agreement Program has been in place since 2002 for the purpose of attracting
new non-stop airline service to Palm Beach County. The Program eliminates landing fees and
certain airport rental charges for flights to new destinations, reducing the
airline’s cost to operate flights to Palm Beach International Airport. The Program only involves Airport revenues
and has no impact to the General Fund or ad valorem revenues. The revised agreement has several changes to
enhance the terms for airlines: the incentive may now be extended for a period
longer than one (1) year, although the County may cancel at any time with 90
days notice; fees will now be waived, rather than using a rebate system;
payment bonds for waived fees will not be required; flights may be considered
eligible without regard to minimum service duration; and flights may be
considered eligible regardless of prior service history to the destination. Additionally, the revised agreement has been
designed to accommodate both domestic and international flights, whereas the
prior Program consisted of two (2) separate agreements. Countywide (JMB)
5. Staff recommends
motion to receive and file: three (3) original Agreements for the Department of
Airports:
A) North County General Aviation Airport Hangar Lease Agreement with Landtech Data Corporation, Unit 20, Building 11730, for one (1) year, automatically renewed at one (1) year intervals, commencing on March 1, 2009;
B) North County General Aviation Airport Hangar Lease Agreement with Orthowings, LLC, Unit 16, Building 11730, for one (1) year, automatically renewed at one (1) year intervals, commencing on March 11, 2009; and
C) North County General Aviation Airport Hangar Lease Agreement with Larry Wilson, Unit 5, Building 11750 for one (1) year, automatically renewed at one (1) year intervals, commencing on March 15, 2009.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2008-1845. Countywide
(JB)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Work
Order No. 09-048 with The Roof Authority, Inc. (R2007-1301) in the amount of
$336,732 to perform roof replacement at the Water Utilities Central Regional
Operations Center (CROC) Administration Building. SUMMARY: The work consists of the removal of the
existing tile roof system and replacement with a new standing seam metal roof
system. The Small Business Enterprise participation
in this Work Order is 0%. When the
participation of this Work Order is added to the total participation for the
roofing contracts, the resulting value is 42.4%. The participation goal is
15%. The total construction duration is
90 days. This work will comply with all
applicable local, state, and federal codes and regulations. (FDO Admin) District 6 (JM)
2. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 13 for $152,701 with Gartek Engineering
Corporation (R2008-1304) for engineering design services for replacement of all
four (4) existing chillers in the Judicial Center Central Energy Plant.
SUMMARY: Gartek Engineering will provide engineering necessary to develop
plans and specifications for replacement of four (4) 650-ton water cooled
centrifugal type chillers that provide the air conditioning of the Judicial
Center and the State Attorney/Public Defender Buildings. Design will include
any electrical and plumbing associated with replacement of the chillers
including plans for orderly staging of the work to insure adequate work
environment is maintained during the replacement. All funding for this project
is from the Five-Year Countywide Repair, Replace and Renovate account. The Small
Business Enterprise participation for this CSA is 100%. The total engineering
duration is 180 days. (FD&O Admin) District 7 (JM)
3. Staff recommends
motion to approve: First
Restated Use Agreement (R2006-0082) with the Sheriff of Palm Beach County
(PBSO) with regard to the continued operation of the Cabana Colony Youth
Center. SUMMARY: On January 10, 2006, the County entered
into a Use Agreement with PBSO to manage the newly created Youth Center and
operate a PAL Program from the site. At
the same time, the County also entered into a License Agreement with the
Partnership for a Drug Free Community (Partnership) to provide various programs
and services in addition to those being offered by PBSO. The License Agreement has expired and the
space vacated by the Partnership. PBSO
desires to expand its programs and services at the Center to include: 1)
tutoring, 2) recreational programs that may be provided in conjunction with Parks
and Recreation, 3) administration of the Congressional Awards Program, and 4)
community based law enforcement programs. The First Restated Use Agreement also modifies
the minimum hours of operation to Monday through Friday 10 am to 7:00 pm with
modified hours during holidays and school breaks. PBSO is responsible for the
all costs associated with operating the Center including supervision of the
youth attending programs at the Center. The County is responsible for costs
associated with maintaining the Center.
The term of the First Restated Use Agreement is ten (10) years
commencing on January 10, 2006 and has two (2) additional five (5) year
renewals by mutual agreement. (FDO Admin) District 1 (JB)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Amendment No. 2 to the annual Contract (R2008-1006)
for property development evaluation services with Urban Design Studio, LLC.,
dba Urban Design Kilday Studios for professional consulting services on a
continuing contract basis. SUMMARY: Kilday & Associates was selected to
provide professional consulting services for property development evaluations. The Board approved an annual Contract on June
3, 2008. The original Contract provided
for an initial one (1) year term with a one (1) year renewal option. In December 2008, Kilday & Associates
merged with Urban Design Studio forming a new entity named Urban Design Kilday
Studios. Amendment No. 2 will provide
for services during the first and final renewal period. Urban Design Kilday Studios has a Small
Business Enterprise participation goal of 29%.
During the first year of the Contract, Urban Design Kilday Studios has
achieved 23% participation. (Capital
Improvements Division) Countywide (JM)
5. Staff recommends motion to approve: Amendment No. 1 to the annual Contract (R2008-0965) for property development evaluations services with Cotleur & Hearing, Inc. for professional consulting services on a continuing contract basis. SUMMARY: Cotleur & Hearing, Inc. was selected to provide professional consulting services for property development evaluations. The Board approved an annual Contract on June 3, 2008. The original Contract provided for an initial one (1) year term with a one (1) year renewal option. Amendment No. 1 will provide for services during the first and final renewal period. Cotleur & Hearing, Inc. has a Small Business Enterprise participation goal of 94%. During the first year of the Contract, Cotleur & Hearing, Inc. has achieved 94% participation. (Capital Improvements Division) Countywide (JM)
6. Staff recommends
motion to approve: Change Order No. 9 to the Contract with West
Construction, Inc., (R2008-0197) in the amount of $19,813.50 for Fire Station
No. 73, located in Belle Glade. SUMMARY: Change Order No. 9 will provide for
substitution of the specified rigid epoxy flooring with a flexible elastomeric
membrane system for the apparatus bay floor.
Change Order No. 9 must be approved by the Board of County Commissioners
because this Change Order, when combined with previous approvals, would exceed
the combined fiscal authority of the Contract Review Committee and the
Department Director. This project is
being funded from ad valorem taxes through the Fire Rescue MSTU. Small Business Enterprise participation for
this Change Order is 0%. The goal for
this project is 15% and when combined with previous change orders, the total
participation is 14.9%. (Capital Improvements Division) District 6 (JM)
7. Staff recommends
motion to approve: Change Order
No. 7 to the Contract with Catalfumo Construction, Inc. (R2008-0518) in the
amount of $94,496.79 for the Okeechobee Library project. SUMMARY: Change Order No. 7 provides for the replacement
of the roof at the library. The total
cost of the roof is $630,395.60 with $535,898.81 funded from contingency
remaining from the library renovations.
The source of funds for this change is the 30.5M GO ‘03 Bond. The Small Business Enterprise (SBE)
participation for this Change Order is 5.1%.
When added to the work to date, the SBE participation is 29.9%. The Contract
goal is 15%. (Capital Improvements Division) District 2 (JM)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve:
A) Change Order No. 33 to the Contract with The Weitz Company (R2003-1542)
decreasing the Guaranteed Maximum Price
(GMP) for Hagen Ranch Library in the amount of $501,606.90 releasing unused
funds in the contract contingency; and
B) a Budget Transfer of $501,606.90 in the 22.3M GO ‘06 Library Improvement
Fund from the West Atlantic Expansion to the Belle Glade Renovation.
SUMMARY: The
Hagen Ranch Road Branch Library was completed and opened to the public in July,
2008. There is $501,606.90 remaining in
the contract contingency that needs to be deducted so that the contract can be
closed out. Change Order No. 33
accomplishes that reduction. The SBE
goal for the project was 15% and the final SBE participation was 17.5%. The
Belle Glade Library and the Main Library, as approved in the Library Expansion
Program II, have been on hold due to a lack of funds. Funding from projects being completed below
their budgeted amount, a more competitive bidding market, and accrued interest
have cumulatively allowed for full funding for all projects except the Main
Library. Motion B is the first of
several budget transfers needed to sweep funds remaining from completed
libraries and transferring them to the Belle Glade Branch Library project to
fully fund that project. (Capital Improvements Division) Districts 5 & 6 (JM)
9. Staff recommends
motion to approve: the plat of
DuBois AGR – Preserve Plat Five. SUMMARY: The County owns a parcel of land consisting
of approximately 100 acres in the Agricultural Reserve west of Boynton Beach
which was donated pursuant to the terms of a Tri-Party Agreement for Donation
of Real Property with Rebecca R. Butts and GL Homes (R2001-1538). As a condition of the agreement, the County
agreed to submit the property as the preservation area for one or more
AGR-PUD’s of GL Homes’ future development areas. GL Homes has requested that the County submit
33.507 acres of the 100 acre parcel as a preservation area to satisfy a
condition of approval for Zoning Application DOA 2007-1420 for GL Homes’ DuBois
AGR PUD (2008-114). The Plat designates
the 33.50 acre parcel as a Preservation Area.
The County is required to execute the plat as the property owner. (PREM) District 3 (JMB)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: Contract with Intellitech Corporation (Intellitech)
in the amount of $595,465.26 providing for professional services associated
with the upgrade of the existing Inmate Management System (IMS) to: 1) develop
the communications bridge to the proposed Video Visitation System (VVS), and 2)
add the necessary functionality so that the VVS can be populated with data and
routinely operated as contemplated in the design of the overall Jail Expansion
Program. SUMMARY: The approved Jail Expansion Program includes the implementation
of VVS to reduce: 1) overall operating costs, and 2) security and contraband
risks within the detention system. The
VVS will include an automated scheduling component which will be visitor
friendly and accessible from the web. While the VVS will ultimately schedule the
visits and actually make the communications connections necessary for the video
teleconference, the performance and success of the VVS is dependent on and
therefore requires: 1) the development of an electronic bridge between the IMS
and VVS, 2) an IMS upgrade to provide an expanded base of raw data related to
the inmates’ location and individual scheduling requirements and restrictions,
and 3) increased functionality to integrate the upgraded IMS into routine jail
operations. The existing IMS operated by
the Palm Beach County Sheriff’s Office/Corrections (PBSO) is the only system
that can fulfill the County’s need and is a proprietary product of Intellitech.
As a result, Intellitech is the only
firm capable of providing the services necessary to meet the County’s need. The term of the Contract is through February
28, 2011 unless otherwise extended or terminated. The Contract includes the annual license fee
and software support services (including upgrades) through February 28, 2011
after which, purchase orders will be required to continue payment of the
license fee and software support services. The County has the right to assign
the Contract to PBSO at any time with 60 days notice to Intellitech. Until assigned, the County has and will
continue to work closely with PBSO staff on the management of this Contract as
well as in determining whether the services being delivered are of the quality
contemplated by the Contract. (FDO ESS) Countywide (JM)
11. Staff recommends
motion to approve: JOC Work Order No. 09-074 with M.A.C. Construction,
Inc., (R2007-0949) in the amount of $458,168.77 for replacement of two (2) main
air handler units for the first floor of the State Attorney/Public Defender
Building. SUMMARY: The work consists of replacement of each of
the existing air handler units for the first floor including all associated
plumbing and electrical, replacement of the existing fresh air supply fan on
the roof, replacement of the roof-top bathroom exhaust fan, and the addition of
taps for both the supply and return chilled water lines for future air handler
unit replacements for the other five (5) floors. The Small Business Enterprise
(SBE) participation in this Work Order is 6.24%. When the participation for this Work Order is
added to M.A.C.=s total participation-to-date, the resulting
values are 18.97%. The SBE goals are
15%. The total construction duration is
180 days. This work will comply with all
applicable local, state, and federal codes and regulations. All funding for this project is from the Five-Year
Countywide Repair, Replace and Renovate account. (FD&O Admin) District 7 (JM)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: a Reimbursement in the amount of $5,376.84 to the Housing Partnership, Inc. SUMMARY: Approval of this agenda item will reimburse the Housing Partnership, Inc., (Partnership) for expenses already incurred in connection with holding, maintaining, and conveying approximately 7.29 acres of land located on Davis Road just south of Melaleuca Lane in unincorporated Palm Beach County. On July 11, 2006, the County entered into an Agreement (R2006-1348), as amended, with the Housing Partnership, Inc., for the purchase of the aforesaid land. The Agreement, which expired on December 31, 2008, also provided for a monthly payment of $4,428, to the Partnership for services and costs incurred while it holds the property until the property is conveyed. The property was conveyed to the Community Land Trust on February 6, 2009, thereby resulting in the Partnership holding the property for an additional period beyond the December 31, 2008, expiration date of the Agreement. The $5,376.84, requested herein includes the payment of the $4,428, for the month of January 2009, and a prorated amount of $948.84, covering six (6) days in February 2009, including the closing date of February 6, 2009. These are Federal Community Development Block Grant funds that require no local match. District 3 (TKF)
2. Staff recommends motion to approve: a Reimbursement in the amount of $11,405.38 to the Housing Partnership, Inc. SUMMARY: Approval of this agenda item will reimburse the Housing Partnership, Inc. for expenses already incurred in connection with improvements at Celtic Apartments located at 4680-4694 Davis Road, in Lake Worth. The work included construction of a new gravity sewer line and abandoning an existing septic tank and drain field. The Housing Partnership, Inc., entered into a Funding Agreement (R2005-2022) with Palm Beach County for this project on October 18, 2005. The Agreement expired on March 31, 2007. The work on the project has been completed. This reimbursement will pay for work that would have been funded under the Agreement. The $11,405.38 final payment made by the Housing Partnership, Inc., to the contractor occurred after the Agreement expired. Their final payment could not be made until the contractor completed his compliance with the Federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project. Davis-Bacon Act matters have now been addressed enabling this reimbursement. These are Federal Community Development Block Grant funds that require no local match. District 3 (TKF)
3. Staff recommends motion to approve: Amendment No. 003 to an Agreement (R2007-1522), with Delray Elderly, L.P., to extend the expiration date from March 31, 2009, to August 15, 2009. SUMMARY: The Agreement (R2007-1522) provides Delray Elderly, L.P. $150,000, in 2005 Disaster Recovery Initiative Program funds for the purchase and installation of five (5) generators for their residential buildings and clubhouse at 600 Lindell Boulevard in the City of Delray Beach. This Amendment provides an extension of four and a half (4 ½) months to the term of the existing Agreement. The time extension is due to delays associated with evaluating site placement options, investigating alternative fuel sources, determining the requirements to comply with local codes and the City’s plan review process. These are Federal Community Development Block Grant funds that require no local match. District 4 (TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends motion to approve: an Agreement in the amount of $170,000 with the City of Lake Worth for park improvements at the Sunset Ridge Park in Community Development Block Grant (CDBG) funds for the period of April 21, 2009, through November 30, 2009. SUMMARY: This Agreement provides funding for park improvements at the Sunset Ridge Park located at 1415 North “D” Street in the City of Lake Worth. The work will include demolition of the existing restrooms and construction of new restrooms and a pavilion both of which will meet ADA standards, as well as sidewalks/walkways, security lighting, parking lot improvements (including additional handicapped spaces), park/playground equipment, and landscaping. These are Federal CDBG funds that require no local match. District 3 (TKF)
5. Staff recommends motion to approve: a Reimbursement in the amount of $76,220 to the City of West Palm Beach in connection with the 2004 Disaster Recovery Initiative Program. SUMMARY: Approval of this agenda item will reimburse the City of West Palm Beach for expenses already incurred in connection with the Carver Canal storm drainage improvements in the City of West Palm Beach. The City of West Palm Beach entered into a funding Agreement (R2006-0900) with Palm Beach County for this project on June 6, 2006. The Agreement expired on January 31, 2008. The $76,220, payment could not be reimbursed in accord with the Agreement until the contractor completed his compliance with the federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project. Davis-Bacon Act requirements have been addressed thereby enabling this reimbursement. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
6. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2008-1484) with the City of Riviera Beach to: a) extend the expiration date from January 15, 2009, to August 15, 2009, for the expenditure of $1,236,000, in Community Development Block Grant (CDBG) funds; and b) incorporate additional reporting requirements. SUMMARY: This Amendment provides an extension of seven (7) months to the term of the existing Agreement for the implementation of a housing rehabilitation program as funded through the 2005 Disaster Recovery Initiative Program. The reporting requirements being incorporated into the Agreement are required by the Florida Department of Community Affairs. These reporting requirements were provided after the execution of the Agreement. These are Federal CDBG funds that require no local match. District 7 (TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
7. Staff recommends motion to approve: a Modification to an Agreement with the Delray Beach Community Development Corporation (DBCDC) to: a) provide a time extension through May 29, 2009 to close the loan; b) permit the DBCDC to provide a Lease-Purchase option to all lower income homebuyers; and c) permit the DBCDC to provide assistance to Low as well as very low-income homebuyers. SUMMARY: On October 7, 2008, the Board of County Commissioners approved an Agreement (R2008–1809) with the DBCDC to provide $150,000 in rehabilitation expenses for conversion of a six (6) unit rental development into six (6) homeowner units. This project, located in the City of Delray Beach, originally was to provide homeownership to six (6) very low-income families. However, due to the recent more stringent loan qualifying rules of local banks, it has become extremely difficult for the very low-income home buyers to qualify for first mortgage loans. As a result, the DBCDC desires to make the completed units available to both low and very low-income households through a Lease-Purchase agreement. This project was reviewed and recommended by the Commission on Affordable Housing’s Advisory Committee (CAHAC) on April 24, 2008; and conceptually approved by the Palm Beach County Board of County Commissioners on June 17, 2008 (Agenda Item No. 3I-7). These requested modifications were also recommended by the CAHAC Advisory Committee on March 26, 2009. This Agreement will reimburse the costs incurred on or after July 1, 2008 to coincide with the start of the 2008-2009 State SHIP fiscal year. The total project costs are $1,125,000. These are State funds which require no local match. District 4 (TKF)
8. Staff recommends motion to approve: three (3) "Request for Release of Funds (RROF) and Certification” forms (HUD-7015.15) to comply with environmental grant conditions for the following project proposed to be funded under the Community Development Block Grant (CDBG) Program and the CDBG Disaster Recovery Initiative (DRI) funding program: Centro Campesino Farmworker Center – Villa Lago Development. SUMMARY: Activities funded under the CDBG and the CDBG Disaster Recovery Initiative Programs are required to comply with environmental grant regulations established by the U.S. Department of Housing and Urban Development (HUD) at 24 CFR Part 58. Under these regulations, the County is required to: a) aggregate geographically or functionally, all activities into projects; b) determine which project is in need of an environmental assessment and, where applicable, issue an environmental clearance finding; c) publish the finding to receive public input; and d) for the CDBG Program, submit HUD-7015.15 to the U.S. Department of Housing and Urban Development; and for the CDBG Disaster Recovery Initiative Program, submit HUD 7015.15 forms to the State of Florida, Department of Community Affairs. Steps A through C have been finalized by the issuance of a Finding of No Significant Impact on March 15, 2009 that includes conditions that will be part of the Agreement with the developer. The project was reviewed by the U.S. Environmental Protection Agency -Region 4; HUD Florida State Office; FL Department of Environmental Protection-State Clearinghouse; PBC Health Department; PBC Facilities Department; PBC Environmental Resource Management; and the FL Department of Community Affairs-Small Cities CDBG Program. Execution of the HUD-7015.15 forms and their submission to HUD and the State of Florida will accomplish Step D. The public comment period expired on April 7, 2009. Any public input received prior to the Board of County Commissioners meeting is to be provided as additional back-up. Countywide (TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
9. Staff recommends motion to approve: a Reimbursement in the amount of $5,547.38 to the Town of Jupiter. SUMMARY: Approval of this agenda item will reimburse the Town of Jupiter for expenses already incurred in connection with the reconstruction of a soccer field and construction of a walking trail, at Jupiter Elementary School in the Town of Jupiter which has been completed. The Town of Jupiter entered into a funding Agreement (R2007-2013) with Palm Beach County for this project on November 6, 2007. The Agreement expired on September 30, 2008. The $5,547.38 payment could not be reimbursed in accord with the Agreement until the contractor completed his compliance with the federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project. Davis-Bacon Act requirements have been addressed thereby enabling this reimbursement. These are Federal Community Development Block Grant funds that require no local match. District 1 (TKF)
10. Staff recommends motion to approve: an Agreement in the amount of $105,489 with Renaissance Village, Inc., for rehabilitation of eight (8) residential units in Community Development Block Grant (CDBG) funds for the period of March 17, 2009, through December 31, 2009. SUMMARY: The eight (8) multi-family rental dwelling units to be rehabilitated are located at 1320 and 1324 Alpha Street in the City of West Palm Beach. The renovations will include work such as: replacement of windows, exterior doors, and sliding glass doors, exterior walkway and stair resurfacing, and exterior painting. These are Federal CDBG funds that require no local match. District 7 (TKF)
11. Staff recommends
motion to approve: a Conditional Grant Agreement in the
amount of $800,000 with Amelia Estates, LLC, in State Housing Initiatives
Partnership (SHIP) Single Family Homeownership Development funds. SUMMARY:
Palm Beach County Housing and Community Development through its Commission of
Affordable Housing (CAHAC) provides SHIP financing to local developers to
facilitate affordable housing development for homeownership. This Agreement provides $800,000 towards the
construction of 30 residential units, 15 of which will be sold to very low-income
households with the remaining 15 homes being sold to low-income
households. Additional project financing
is being provided by First National Bank of Coffee County. This Amelia Estates project, located in the
City of Belle Glade, was reviewed and recommended by the CAHAC Advisory
Committee on November 16, 2006; and conceptually approved by the Palm Beach
County Board of County Commissioners on December 5, 2006 (Agenda Item No. 5F-2).
This project was delayed due to the developer’s difficulty in securing bank
financing for unit construction. These
are State funds which require no local match.
District 6 (TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
12. Staff recommends motion to approve: a Conditional Grant Agreement in the amount of $687,096 with New Urban Community Development Corporation, Inc. in Federal HOME Program funds ($337,096) and State Housing Initiative Partnership (SHIP) Program funds ($350,000) for the development and construction of 11 affordable townhome housing units. SUMMARY: Palm Beach County Housing and Community Development through its Commission of Affordable Housing (CAHAC) provides HOME and SHIP financing to local developers to facilitate affordable housing opportunities. As a result of applying for financial assistance through Housing and Community Development’s HOME and SHIP programs, this Agreement provides $687,096 toward the construction of 11 affordable townhomes (known as Henrietta Townhomes) to be created for households whose incomes do not exceed eighty percent (80%) of the median income established for Palm Beach County. Additional project financing is being provided by Florida Community Loan Fund, Comerica Bank, the City of West Palm Beach, and the National Urban League. This Henrietta Townhomes project, located in the City of West Palm Beach, was reviewed and recommended by the CAHAC Advisory Committee on January 24, 2008; and conceptually approved by the Palm Beach County Board of County Commissioners on March 11, 2008 (Agenda Item No. 3I-6). This project has been delayed due to loss of construction funding from the Local Initiatives Support Corporation. This funding has been replaced by the Florida Community Loan Fund. These are Federal HOME funds which require no local match. District 7 (TKF)
13. Staff recommends
motion to approve:
a Conditional Grant Agreement in the amount of $750,000 with Habitat for
Humanity of Palm Beach County, Inc., in State Housing Initiatives Partnership
(SHIP) Single Family Home Owner Development Program funds. SUMMARY: Palm Beach County Housing and
Community Development through its Commission of Affordable Housing (CAHAC)
provides SHIP financing to local developers to facilitate affordable housing
development for homeownership. This
Agreement provides $750,000 to assist in the acquisition of a 3.5 acre parcel
of land for the development of a 19 unit home ownership project located in the
Kennedy Estates near the Town of Jupiter. This project will provide home
ownership opportunities to 12 extremely-low and seven (7) low-income
households. The Commission on Affordable
Housing recommended this project for funding on September 25, 2008 and the
Board of County Commissioners on December 16, 2008 provided conceptual approval
(Agenda Item No. 3I-4). These are State funds
which require no local match. District 1 (TKF)
14. Staff
recommends motion to conceptually approve: a forgivable Loan in the amount of $200,000 with Housing Trust
Group, LLC, for the construction of “Crestwood Apartments,” through the
Commission on Affordable Housing’s Special Needs-Barrier Free Assistance
Program for the development of ten (10) special needs rental units. SUMMARY: Approval of this agenda item
will authorize the allocation of State Housing Initiatives Partnership (SHIP)
funding for the development of this affordable housing project. This allocation
of $200,000 will facilitate the development of ten (10) very low-income,
special needs units. This funding is the required local match for Florida
Housing Finance Corporation’s Universal Cycle Tax Credit application. The final
award of County funding is contingent upon the Crestwood Apartments project
receiving tax credit funding. If the project is not awarded the tax credit
funding, the $200,000 in SHIP funding will not be allocated to this project. This
project is to be located in unincorporated Palm Beach County on Purdy Lane,
west of Haverhill Road. The Commission on Affordable Housing Advisory Committee
reviewed this request and made the $200,000 funding recommendation on February
26, 2009. Staff will present the County Agreement
to the Board of County Commissioners for final approval at a later date. These are State funds which require no local
match. District 2 (TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) Consultant Services Authorization No. 2 to the Contract with Carollo Engineers (R2008-0526) for technical services related to the Water Treatment Plant (WTP) No. 2 anionic exchange treatment system in the amount of $430,731; and
B)
Budget Transfer of $500,000 within the Water Utilities Capital Improvement Fund.
SUMMARY: This Consultant Services Authorization includes design, permitting, and bidding services for an anionic exchange treatment system to replace the existing ozone treatment system at WTP No. 2. The anionic exchange process will remove the color compounds, improve the water quality, and reduce energy compared to the existing ozone treatment process. Staff recommends a budget transfer to allow the ozone replacement project to be implemented at WTP 2 prior to WTP 8. The contract with Carollo Engineers includes the Small Business Enterprise (SBE) participation goal of 40%, which exceeds the 15% goal established by the Palm Beach County Ordinance (No. 2002-064). This Consultant Services Authorization includes 34.59% overall SBE participation. The consultant’s cumulative SBE participation, including this Authorization, is 38.13% overall. (WUD Project No. 09-046) District 2 (MJ)
2. Staff recommends motion to approve: Change Order No. 8 to the Contract with Poole and Kent Company, Inc. (R2005-1928) for the Lake Region Water Treatment Plant (LRWTP) increasing the contract price by $96,310.62. SUMMARY: This Change Order authorizes the Contractor to make changes to the construction of certain portions of the Water Treatment Plant as necessitated by construction conditions. This consists of various civil, mechanical and electrical changes. Total change orders to date, excluding Change Order No 1, $7,549,033.78 sales tax recovery program and Change Order No. 6, $500,000 South Florida Water Management District Acceleration for the Lake Region Plant, equals $567,044 (2.80% increase). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0% overall. This Change Order includes zero overall SBE participation. The original contract with the Poole and Kent Company, Inc. provides for SBE participation of 22.92% overall. (WUD Project No. 03-169) District 6 (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: a
Deed of Conservation Easement with South Florida Water Management District, for
the Limestone Creek Natural Area. SUMMARY: The Board of County Commissioners (BCC)
authorized the Chairman to execute a Deed of Conservation Easement for the
Limestone Creek Natural Area on September 12, 2006. A Resolution (R2005-1770)
establishing standard form conservation easements and authorizing the Chairman
or Vice Chairman of the Board to execute the standard form conservation
easements was initially approved at the September 13, 2005 Board Meeting. District
1 (JB)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve: Task Order No. 0410-09 to a continuing Contract (R2008-0410) with Taylor Engineering for an amount not to exceed $362,811.85 for completion of the Army Corps of Engineers (ACOE) required Environmental Impact Statement (EIS) for the South Palm Beach & Lantana Erosion Control Project (Project). SUMMARY: The BCC approved the Contract with Taylor on March 11, 2008 (R2008-0410). Eight (8) task orders totaling $1,183,831.34 have been issued under the Contract. Task Order No. 0410-09 authorizes Taylor to perform an EIS which evaluates the environmental, historic, economic and social values that the Project may impact as well as alternatives to the proposed Project. It was recently determined by the ACOE that an EIS must be completed in order to meet federal agency obligations under the National Environmental Policy Act (NEPA). The Town of South Palm Beach (SPB) will reimburse $72,562.37 of the cost. The County’s share is funded by a combination of Tourist Development Tax, interest, and ad valorem. There is no (0%) Small Business Enterprise subconsultant participation on this Task Order. Taylor committed to an overall 15% Small Business and Minority Business (SBE-MBE) participation in the Contract. Taylor has achieved 16.1% cumulative SBE-MBE participation on the Contract including this Task Order. District 4 (JM)
3. Staff recommends
motion to:
A) ratify the signature of the Chairman on a Florida Boating Improvement Program (FBIP) Grant Application submitted to Florida Fish and Wildlife Conservation Commission (FWCC) on April 2, 2009, requesting $500,000 for the Juno Dunes Natural Area Public Use Facility and Wetlands Restoration Project;
B) adopt Resolution for assistance under the FBIP for grant funding for Juno Dunes Natural Area Public Use Facility and Wetlands Restoration Project in the amount of $500,000;
C) authorize the County Administrator or his designee to execute the funding Agreement, as well as all future 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
D) authorize the Director of Environmental Resources Management Department to serve as Project Manager with FWCC for this project.
SUMMARY: This Grant Application requests up to $500,000 from the FWCC FBIP grant to cover a portion of the costs for the public use facility within the Florida Inland Navigation District (FIND) leased area of the Juno Dunes Natural Area. Although no County match will be required for the grant, a project sharing budget is submitted with the Grant Application. District 1 (SF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends motion to:
A) ratify the Chairman’s signature on an Emergency Watershed Protection Program (EWPP) funding application and two (2) associated eligibility forms that were submitted on April 6, 2009 to the Natural Resources Conservation Service (NRCS) of the U.S. Department of Agriculture for the Cypress Creek Floodplain Easement/Restoration Project;
B) authorize the County Administrator, or his designee, to sign any future certifications, standard forms, or other documents related to the application that may be required prior to the presentation to the Board of a contract for the sale of the floodplain easement; and
C) authorize the Director of the Department of Environmental Resources Management, or his designee, to serve as the Project Manager with NRCS for this project.
SUMMARY: NRCS has up to $30 million in federal economic stimulus funds available through the EWPP to purchase permanent easements on floodplain lands in Florida from willing sellers (private landowners, the State, and local governments). An easement will provide NRCS with the authority to restore and enhance the floodplain’s functions and values through restoration of topographic diversity, restoration and creation of wetlands, planting of native vegetation, and other activities. The landowner will retain rights such as quiet enjoyment, control of public access, and recreational uses. The criteria for selection of the recipients and the amount of funding that can be provided to an individual recipient have not yet been determined. Department of Environmental Resources Management staff has prepared an application for EWPP funding for the Cypress Creek Floodplain Easement/Restoration Project. The emergency authorization process was used because there was insufficient time to submit the item through the regular agenda process and meet the original submission deadline of March 27, 2009 or the revised submission deadline of April 10, 2009 that was advertised on March 26, 2009. If the application for funding is approved, a contract for the sale of the conservation easement to NRCS and a budget amendment will be presented to the Board for review and approval after the funding amount has been determined. An application for EWPP funding typically requires a minimum 25% cost share by the applicant. However, under the American Recovery and Reinvestment Act (ARRA), NRCS can fund up to 100% of the project-related costs for an EWPP project. The County will have funds available for providing up to 50% of the costs of the project, and has included that information in the application to increase the chance that it will be successful. District 1 (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement
with Students in the Arts TV/G-Star TV, Inc. for the period April 21, 2009,
through August 31, 2009, in an amount not- to-exceed $1,000 for student
programs. Summary: This
funding is to assist with costs for G-Star students to participate in Palm
Beach County School District extracurricular programs involving student
competitions. Approximately 75 students
took part in the programs. The Agreement
allows for the reimbursement of eligible project costs incurred subsequent to
December 10, 2008. Funding is from the Recreation Assistance Program (RAP)
District 6 Funds. District 3 (AH)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period April 21, 2009, through December
30, 2009, in an amount not-to-exceed $5,000 for the Delray Beach Sister Cities
Safari Dinner event. Summary: This
funding is to offset the cost of program expenses for the annual Delray Beach
Sister Cities Safari Dinner event. The event is attended by approximately 150
participants. The Agreement allows for the reimbursement of eligible project
costs incurred subsequent to January 1, 2009. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
3. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for U.B. Kinsey/Palmview
Elementary School for the period August 1, 2008, through June 30, 2009, in an
amount not-to-exceed $7,000 for string orchestra and concert chorus trips to
the Orlando Music Festival and the Heritage Festival in Atlanta, Georgia. Summary: This fully executed Request for Funding Form
is for a School Board RAP allocation 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 7 Funds. District
7 (AH)
4. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Secondary and Career Education Department
for the period February 1, 2009, through July 31, 2009, in an amount
not-to-exceed $2,500 for funding of the 8th Annual Race for the
Arts. 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 2 Funds. District 2 (AH)
5. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007‑1743) with Corn-Maya, Inc. for
the Adult Soccer Program to extend the project completion date from August 26,
2008, to December 31, 2008, and the reimbursement submission date from November
26, 2008, to March 30, 2009. Summary: This Amendment extends the project
completion date for Corn-Maya, Inc.’s Adult Soccer Program to December 31,
2008, in order to allow additional time the agency needed to complete the program
and to finalize payments for program expenses.
It also extends Corn-Maya’s reimbursement submission deadline to March
30, 2009, in order to accommodate additional time the agency needed to submit
its reimbursement request for this completed project. The Amendment will allow
fiscal staff to complete the project reimbursement process and disburse the
final reimbursement check to Corn-Maya. District 1 (AH)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to:
A) approve $52,000 from Palm Beach County ‑ Florida Boating
Improvement Program (PBC-FBIP) funding for Lake Park Harbor Marina Emergency
Boat Ramp Remediation;
B) direct staff to prepare the necessary standard FBIP Project Agreement
for the project;
C) authorize signature of the Project Agreement
by the County Administrator or his designee; and
D) approve a Budget Transfer of $52,000 within the Park Improvement
Fund from FBIP reserves to Lake Park Harbor Marina Boat Ramp Remediation.
Summary: The Town of Lake Park has submitted an
application for PBC-FBIP funding in an amount not-to-exceed $52,000 for the
emergency repair of the existing boat ramps at the Lake Park Harbor Marina. The boat ramps have been undermined at the
seaward toe, leaving the precast slab unsupported, thus requiring that they be
repaired as soon as possible to prevent structural failure and/or extended loss
of service. Project eligibility and the
project application submitted by Lake Park have been reviewed by staff and meet
requirements set forth in Resolution 99-77, as amended, which established the
PBC-FBIP. District 1 (AH)
7. Staff recommends
motion to:
A) ratify the signature of the
Chairman on a Waterways Assistance
Program Grant Application, submitted to Florida Inland Navigation
District (FIND) on March 19, 2009, requesting $987,000 for the DuBois Park
Marina and Shoreline Stabilization project;
B) authorize the County
Administrator or his designee to execute the funding Agreement as well as 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 FIND for this project.
Summary: This Grant Application requests up to $987,000
from the FIND Waterways Assistance Program (WAP) for construction of the DuBois
Park Marina and Shoreline
Stabilization project. This project includes construction of
24 dock slips along the peninsula, shoreline revetment and stabilization, and
construction of an approximately one-acre snorkeling area. The total cost of the project is estimated at
$3,548,435. The balance of the project
will be funded by the 2004 $50 Million
Waterfront Access and Preservation General Obligation Bond Issue and a $500,000
Florida Fish & Wildlife Conservation Commission Florida Boating Improvement
Program grant. District 1 (AH)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to:
A) ratify the signature of the
Chairman on a Florida Boating Improvement Program Grant Application submitted
to Florida Fish and Wildlife Conservation Commission on March 30, 2009,
requesting $170,000 for the design and permitting of the Waterway Park boat
launching facility;
B) adopt Resolution for assistance under the Florida Boating
Improvement Program for grant funding for the Waterway Park project in the amount of $170,000;
C) authorize the County
Administrator or his designee to execute the funding Agreement, as well as 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
D)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with Florida Fish and
Wildlife Conservation Commission for
this project.
Summary: This Grant
Application requests up to $170,000 from the Florida Fish and Wildlife Conservation Commission (FWCC) Florida Boating Improvement
Program (FBIP) for the design and
permitting of the Waterway Park boat launching facility. If awarded, the grant
will be matched with funding from the 2004 $50 Million Waterfront Access and Preservation General Obligation
Bond Issue. District 1 (AH)
9. Staff recommends
motion to approve:
A) Tri-Party Agreement with 814 Community Center LLC and TAB Development,
Inc. in an amount not-to-exceed $500,000 for the period April 21, 2009, through
April 20, 2012, for construction of the U.B. Kinsey Educational and Community
Center; and
B) Budget Transfer of $500,000 within the $25 Million
GO Parks and Cultural Improvements Bond Fund – 2003 to TAB Development
Educational and Community Center.
Summary: This allocation provides funding for construction of the U.B. Kinsey
Educational and Community Center at 814 Division Street in West Palm Beach by
TAB Development, Inc. Expenses eligible for reimbursement include construction
costs for a 15,324 square foot two-story facility with a first floor lobby,
elevator, library, restrooms, multi-purpose community room, classrooms, kitchen
with storage, pantry and mechanical room, and second floor upper balcony,
learning center gallery, staff offices, copy/storage room, work room,
classrooms, meeting rooms, and computer room, as well as an outside gazebo and
landscape areas. Funding is from the 2002 $50 Million Recreation and Cultural
Facilities Bond referendum. District
7 (PK)
10. Staff recommends
motion to approve: Budget Transfer of $350,000 in the Park Improvement
Fund from Reserves to Aquatic Facilities Drain Improvements. SUMMARY: This Budget Transfer will provide the
necessary funding to modify drains at our pools and waterparks to comply with the Virginia Graeme Baker Pool
and Spa Safety Act which went into effect in December 2008. The federal
regulations require public pools and spas to be equipped with certified drain
grates/covers that meet the required standards, and safety measures to prevent
entrapment and evisceration. These new unfunded federal regulations will
be enforced by the Consumer Product Safety Commission, which has asked local
authorities such as the Department of Health, to assist with the inspection and
enforcement of this Act. Funding is from the Park Improvement Fund
Reserve. Countywide (AH)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to receive and file: Agreement
with Boca Raton Champions Golf Charities, Inc. for the period March 16, 2009,
through June 1, 2009, in the amount of $50,000 for the 2009 Allianz
Championship. Summary: On
February 3, 2009 (Agenda Item No. 6E2), the Board authorized
budget transfers from the District 4 Transportation Improvement Fund in the
amount of $50,000 to the Recreation Assistance Program (RAP) to help offset
costs for the 2009 Allianz Championship. The Board also authorized preparation
of a RAP Agreement and directed staff to have it executed by Boca Raton
Champions Golf Charities, Inc. and returned to the Board Chairman for execution
on behalf of the Board of County Commissioners. The fully executed Agreement is now being
presented to the Board for assignment of a Resolution Number and to receive and
file. The Agreement allows for the reimbursement of eligible expenses incurred subsequent
to November 1, 2008. Funding is from the Recreation Assistance Program District
4 Funds. District 4 (AH)
12. Staff recommends
motion to approve: Special Events permit to the Tropic Thunder 2009
World Championship Invitational Offshore Powerboat Races to be coordinated
through the Parks and Recreation Department utilizing Burt Reynolds Park
October 20, 2009, through October 25, 2009.
Summary: Campbell
Offshore Racing, LLC would like to conduct a for-profit event, the Tropic Thunder 2009 World Championship
Invitational Offshore Powerboat Races, using Burt Reynolds Park as a day
dock for storage of boats between races.
This for-profit event requires a special events permit. In accordance with Ordinance 04-022, all
permits requested for use of reserved park/facility areas for for-profit
activities requires Board of County Commissioner approval. Campbell Offshore
Racing, LLC will be required to meet all permit requirements and pay all fees
associated with event coordination at Burt Reynolds Park and other affected
properties. District 1 (AH)
N. LIBRARY
1. Staff recommends
motion to:
A) approve a Public Library Construction Grant Application
for $500,000 to the Florida Department of State, Division of Library and
Information Services for the Acreage Branch Library; and
B) approve Certification of Exclusive Use
as a Public Library; and
C) authorize
the Chairman to execute the grant agreement and any other necessary forms and
certifications.
Summary: The Grant Application is for $500,000 with
local matching funds of $500,000. If
awarded, grant funds will be used towards the cost of construction, thus
freeing up other funds for furnishing and equipping the library branch. The projected cost of the Acreage Branch Library
is $14,545,507. The project will be
completed whether the grant is funded or not.
The facility will be used exclusively for public library purposes, and
the operational costs will be funded through the Library’s operating budget. Countywide
(TKF)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
R. HUMAN
RESOURCES
1. Staff recommends
motion to approve: Amendment No. 2 to Contract with NMS Management
Services, Inc. (R2007-0708), for the County’s drug testing program, to exercise
the option to renew for one (1) year, beginning May 1, 2009, through April 30,
2010, at an annual cost of $41,450. Summary: The Board of County Commissioners approved contract R2007-0708 on May 1,
2007 for a term of one (1) year with two (2) – one (1) year options to renew.
The Board of County Commissioners approved Amendment Number One on July 8, 2008
(R2008-1230). They are exercising this option to renew with the same terms and
conditions. Countywide (EC)
S. FIRE
RESCUE
1. Staff recommends motion to receive and file: two (2) original standard agreements for the Fire Rescue Department:
A) Interlocal Agreement for Swimming Lessons with the City of
Riviera Beach; and
B) Independent Contractor Agreement for Swimming Lessons with the
Young Men’s Christian Association of South Palm Beach County, Inc.
SUMMARY: On September 27, 2005, the Board adopted
Resolution No. R2005-1906 authorizing the County Administrator, or his designee
(the Fire Rescue Administrator) to execute standard agreements with municipalities
and independent contractors to provide swimming lessons to members of the
public through the Palm Beach County Drowning Prevention Coalition’s Learn to
Swim Program. Pursuant to Countywide PPM
CW-O-051, two (2) standard County agreements that have been executed by the
County Administrator, or his designee (the Fire Rescue Administrator) are being
submitted as a receive and file agenda item for the Clerk’s Office to note and
receive. Countywide (PK)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to:
A) approve Change Order No. 2 to the Contract with
Metatomix, Inc. (R2004-2414), to reprioritize and extend the scope of work for
Phase II by $380,750 for a total contract amount of $678,354.50; and
B) receive and file Task Orders No. 2 and 6 for adding new data
sources at no additional cost; Task Order No. 3 for software maintenance in the
amount of $60,000; Task Order No. 4 for audit query capabilities in the amount
of $14,250, and Task Order No. 5 for printing and logging capabilities in the
amount of $99,750 paid by the Sheriff’s Office to Metatomix, Inc.
SUMMARY: Palm Beach County ISS and Metatomix, Inc. have been working to complete Phase II of the Visual Planning Technologies/Law Enforcement eXchange Project to integrate disparate law enforcement information systems. On November 6, 2007, the Board of County Commissioners approved Amendment No. 7 for $297,604.50. This Change Order increases that amount by $380,750. Phase II objectives include connecting additional Palm Beach County law enforcement agencies and programming additional application functionality. Additional Phase II work will be detailed as required and authorized via Task Orders under this Contract. Change Order No. 2 details new system requirements mandated by FBI Criminal Justice Information System (CJIS) Security Guidelines and the reprioritization of objectives to accommodate a mandated audit interface. Change Order No. 2 includes two (2) data sources that were postponed, maintenance and new objectives identified to augment the information sharing functionality of the Law Enforcement eXchange (LEX) system for an amount not to exceed $281,000. Receive and file items include Task Order No. 5 for Metatomix to add report printing functionality to the LEX Application and create a log of all print transactions for a cost of $99,750. The Sheriff’s Office has obtained Byrne grant funds, a portion of which is allocated for law enforcement information sharing initiatives. The Sheriff’s Office has agreed to use these funds to pay Metatomix for the additional functionality listed in Task Order No. 5. In addition, Task Orders No. 2 and 6 (data sources in original scope); Task Order No. 3 (software maintenance $60,000); and Task Order No. 4 (audit query capabilities $14,250), were all less than $100,000, and authorized by the Director of ISS. All work under these Task Orders was reviewed and approved by the LEX Board of Directors. Countywide (PK)
2. Staff recommends motion to approve: renewal of Oracle Database Software Maintenance Agreement for the period April 24, 2009, to April 23, 2010 in the amount of $888,350.67. SUMMARY: This Agreement renewal provides software update license and support maintenance for the County=s Oracle database management software. Negotiations with Oracle resulted in a waiver of a 3% annual increase that would otherwise be assessed thereby avoiding a cost increase of $26,650. This renewal also continues the practice of establishing coterminous end dates for all County Oracle software maintenance. Countywide (PK)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve:
A)
Budget Amendment of $123,654 in the Palm Tran Grants Fund in order to reconcile
the FY 2009 budget to the actual grant award from the Florida Department of
Transportation Section 5311; and
B) Budget Amendment of $123,654 in the Palm Tran Operating
Fund in order to reconcile to the transfer made from the Palm Tran
Grants Fund.
Summary: In 2004, Palm Beach County executed a Resolution
and a five (5) year agreement with the Florida Department of Transportation
(FDOT) to provide operating funding for mass transit of Federal Transit
Administration (FTA) Section 5311 funds passed through the State for the
non-urbanized (rural) areas of Palm Beach County; and Authorizing the County
Administrator or Palm Tran Director as the appropriate staff to sign the annual
interim year Notification of Funding form, on behalf of the Board
(R2004-1778). Palm Tran estimates every
year the amount to be received from FDOT and allocates the required match on
its budget. The match funds are
accounted for as the cost of providing mass transit services in rural Palm
Beach County including operating, maintenance, and administrative costs. Grant and match included in the FY 2009
budget was $255,000, with the actual award being $378,654. No additional County
funds are required. District 6 (DR)
2. Staff recommends
motion to approve: First Amendment to the Funding Agreement with South
Florida Regional Transportation Authority (SFRTA) for the funding of bus
service between the Boca Raton Tri-Rail station, Florida Atlantic University,
and Palm Beach Community College campus and Federal Highway. Palm Beach County
shall receive reimbursement from SFRTA in an amount not to exceed $350,000. Summary:
This First Amendment to agenda item R2007-2302 will provide funding for
services to be provided during the second year of service (January 2009 through
December 2009), and includes an additional $2.50 per hour to cover allowing
students at the colleges to board designated stops for free. Countywide
(DR)
3. Staff recommends
motion to approve: Amendment No.
3 to the Interagency Lease Agreement (R97-20481) with the Solid Waste Authority
(SWA) to exercise the option to extend the term of the lease agreement through
November 17, 2012. Summary: In November 1997, the Board of County Commissioners
entered into a lease agreement (R97-2048D) with the SWA for the storage of Palm
Tran buses at the Belle Glade Regional Transfer Station at a cost of ten
dollars ($10) per year. Section 1.03 of the agreement granted an option to
extend the Terms and Conditions of the lease for four (4) additional periods of
five (5) years each. Palm Tran needs to continue utilization of the SWA
facility for bus storage, fueling, and cleaning of its buses. Countywide (DR)
APRIL 21, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
4. Staff recommends
motion to:
A) adopt Resolution authorizing the conveyance of three (3) 2000 Gillig Low Floor
buses; and
B) approve Agreement regarding the conveyance of three
(3) 2000 Gillig Low Floor buses to the Suwannee Valley Transit Authority
(SVTA), Suwannee County, Florida.
Summary: Palm Tran needs to dispose of three (3) 2000
Gillig Low Floor buses. These buses have
reached their useful life, and in accordance with the Federal Transit
Administration (FTA) guidelines, may be disposed of. The Suwannee Valley Transit Authority (SVTA)
has approached Palm Tran and expressed their desire to acquire these buses. SVTA has affirmed that it is an entity
qualified and eligible to receive a conveyance of personal property from Palm
Beach County in accordance with the requirements of Section 125.38, F.S., and
that it desires to use the Buses for the public or community interest and
welfare. These buses were purchased using 100% Federal funds. Countywide
(DR)
BB. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $45,000 from the Law Enforcement Trust Fund (LETF) to the
Palm Beach County Sheriff’s Office (PBSO) to provide financial support to the
Urban League of Palm Beach County, Inc. by funding the cost of sending 80 teens
and 20 chaperones to the 24th Annual Preventing Crime in the Black
Community Conference in Jacksonville, Florida on May 20 – 23, 2009. SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2009 estimated donation requirement will not be
finalized until year-end close-out. The funds are requested to aid qualified
organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The current State LETF balance is
$762,632. Approval of this request will
reduce the State Law Enforcement Trust Fund balance to $717,632. The
PBSO certifies that the use of these funds is in accordance with F.S.
932.7055. Below is a table indicating
the organizations the PBSO seeks to fund and the corresponding amount of
funding proposed per respective agency.
No new 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. District 6 (LSJ)
* * * * * * * * * * * *
APRIL 21, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
honoring Dr. Malecki for 26 years of service to the residents of Palm Beach
County. (Sponsored by Commissioner
Greene)
B. Staff recommends
motion to adopt: Presentation of Annual Service Awards to 318 County
employees with 20, 25, 30 and 35 years of service. Summary: This is
Palm Beach County’s 43rd Annual Service Awards Ceremony to honor
County employees for their dedicated service. Countywide (MC)
* * * * * * * * * * * *
APRIL 21, 2009
5. PUBLIC
HEARINGS - 10:00 A.M. (Motion to
receive and file: Proof of publication)
A. Staff recommends
motion to:
A) approve the filing of the Federal Transit
Administration (FTA) Grant Application for Public Transportation Capital
Assistance funds allocated to Palm Beach County under the American Recovery and
Reinvestment Act (ARRA) of 2009 in the amount of $21,235,245;
B) authorize the Palm Tran Director or
Assistant Executive Director through the County Administrator to execute, on
behalf of the Board, and to transmit electronically the Board’s approval of the
ARRA grant award;
C) approve Budget Amendment of
$16,018,750 in the Palm Tran Grants Fund contingent upon actual grant award;
and
D) approve Budget Amendment of $5,216,495 in the Public
Building Improvement Fund contingent upon actual grant award to recognize
capital project funding.
Summary: The allocation of ARRA funds for Public
Transportation Capital Assistance for the Miami Urbanized Area which includes
Palm Beach County is $139,733,611. The funds are split between Miami Dade,
Broward, South Florida Regional Transportation Authority, and Palm Beach
County. ARRA provides new funding for public transportation capital projects.
The grant will fund equipment and facilities, replacement vehicles (hybrid),
shelters, Park-N-Ride facilities, and capital maintenance equipment (energy
efficient cooling fans). Projects need
to be listed on the approved Metropolitan Planning Organization (MPO) Transportation
Improvement Plan. The MPO has prioritized the different transit projects in
Palm Beach County that are seeking funding under the ARRA, and priorities
include Palm Tran’s projects as well as projects from the City of West Palm
Beach and the City of Delray Beach. ARRA funds are to be obligated within a
limited timeframe. A grant application
for at least 50 percent of the funds apportioned under ARRA must be submitted
to FTA no later than May 29, 2009.
Projects submitted on the grant application must be ready to go, and all
federal conditions must be met and ready for approval. All remaining Transit
Capital Assistance program funds must be obligated by November 1, 2009. Palm Tran will submit a grant application for
the projects that currently meet all federal conditions to obligate the funds,
and when all other projects meet the federal conditions, the ARRA grant will be
amended to include the remaining projects.
The following is the list of priorities from the MPO the ARRA grant will
fund: 1) Belle Glade Facility; 2) Park and Ride Facilities; 3) Palm Tran
Replacement Buses; 4) Capital Maintenance Items; 5) Security; 6) Transit
Enhancements – City of Delray Beach Shelters (to be included in amendment -
project needs proof of right-of-way acquisitions and interlocal agreement); and
7) Alternative Fuel Trolleys for the City of West Palm Beach Downtown Development Authority.
ARRA capital projects are funded at 100% cost for the federal share, no County
funds are required. Countywide (DR)
APRIL 21, 2009
5. PUBLIC
HEARINGS CONTINUED
B. Staff recommends motion to approve: Budget Amendments and Transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses. The total amount of the adjustments is an increase of $21,844,475 in 253 funds. SUMMARY: These Budget Amendments and Transfers are necessary to adjust FY 2009 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2008. These Amendments adjust the balances brought forward, various revenue, expenditure, and reserve accounts to their audited balances. The proposed increases include $22,929,234 additional reserves for balances brought forward in Countywide tax equivalent funds and are available for offsetting next year’s revenue requirements. The adjustment is a result of:
A) $17,998,197 reflects various adjustments including additional refund of Tax Collector and Property Appraiser Commissions, grant match savings, expenditures less than and revenue greater than originally estimated, and
B) $4,931,037 additional excess fees: Sheriff’s Office $3,445,976, Clerk & Comptroller $3,679, and Supervisor of Elections $1,481,382.
Also included are downward budget
adjustments for Sales Tax, Communication Services Tax, Electricity Franchise
Fees, and $2 Recording Fees that are generating less than originally budgeted. Countywide
(PK)
C. Staff recommends
motion to:
A) approve the
electronic filing of Grant Applications for funds available under the American
Recovery and Reinvestment Act (ARRA) of 2009 under the program Clean Cities FY 2009
Petroleum Reduction Technologies for the Transportation sector in the amount of
$3,302,500;
B) approve the electronic filing of Grant Applications
for funds available under the American Recovery and Reinvestment Act (ARRA) of
2009 under the program Transit Investments for Greenhouse Gas and Energy
Reduction “TIGGER” in the amount of $3,302,500;
C) authorize
the Palm Tran Executive Director or Assistant Executive Director through the
County Administrator to execute, on behalf of the Board, and to transmit
electronically the Board’s approval of the ARRA grant awards; and
D) approve Budget
Amendment of $6,605,000 in the Palm Tran Grants Fund contingent upon actual
grant awards.
Summary: Palm Tran will submit on behalf
of Palm Beach County electronic applications for funds available on a
competitive basis for projects that will reduce gas emissions. The Programs
under TIGGER and Clean Cities specifically identify as eligible activities, the
incremental cost between a diesel bus and a hybrid bus. The applications will request the funds needed
to change the current orders for bus replacements from regular diesel buses to
hybrid. Fifty (50) buses from Palm
Tran’s bus fleet are projected to reach their useful life between 2009 and
2010. Overall, these two (2) grant
applications will allow 30 replacements to be hybrid buses. The applications will also seek funding to
purchase an additional 20 electrical fans that will replace existing hydraulic
fan systems in Palm Tran’s buses with EMP’s mini-HYBRID thermal systems that
will lead to an increase in average miles per gallon achieved by transit buses,
and result in a decrease in company fuel costs and gas emissions. The
applications need to be submitted on-line through the Grants.gov system. Should grants be awarded, the funds need to
be obligated by activities that can be initiated no later than June 17, 2009. Countywide (DR)
* * * * * * * * * * * *
APRIL 21, 2009
6. REGULAR
AGENDA
A. AIRPORTS
1. Staff recommends
motion to:
A) discontinue regular operation of the Park and Ride lot at Palm Beach International Airport (PBIA); allowing temporary re-opening for overflow parking;
B) discount the Long Term parking rate, decreasing the daily maximum rate after five (5) days continuous parking from $12 to $9; and
C) increase the Park and Ride daily maximum rate from $6 to $9 for overflow parking.
SUMMARY: The Department of Airports completed construction of a
second Long Term parking garage in 2008, adding 3,000 parking spaces adjacent
to the terminal. Construction of the
second garage restores “close in” terminal parking convenience to the passenger
and eliminates the need to operate the Park and Ride shuttle lot. Closing Park and Ride will save $700,000 per
year, primarily in shuttle bus fuel and operating costs. Eliminating shuttle
operations will also reduce traffic congestion, carbon emissions, fuel
consumption, and customer complaints.
Former Park and Ride customers will likely use Long Term parking;
therefore, the Department is recommending a discount rate: day one (1) through five (5) will remain at
$12 per day; day six (6) and thereafter will reduce to $9 per day. The Department estimates annual parking
revenues will increase by $815,000 due to the proposed changes, subject to
customer demand. Lastly, staff is
recommending that the Park and Ride daily maximum rate be changed to $9 per day
if the lot is needed for overflow. A
review of other Florida airport parking rates shows that PBIA’s Park and Ride
rate is below market. On February 25,
2009, the Aviation and Airports Advisory Board voted 7-2 to discontinue regular
operations of the Park and Ride lot, except for overflow. The dissenting voters voiced a need for a
middle ground for parking rates.
Subsequent to that meeting, staff developed the plan to decrease the
Long Term rate after day five (5) from $12 to $9. Due to airline and economic conditions,
Department operating revenues have declined $5.7 million since 2007; debt
service costs have increased due to parking garage construction, therefore, the
parking recommendations would be implemented immediately upon Board approval.
The Department operates as an enterprise fund, which requires all costs to be
supported by Airport revenues. General
County funds do not pay, finance, or pledge any Airport costs or debt. Countywide (JMB)
B. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to:
A) approve a new portion of the Land Development schedule of user fees to allow charges and establish a schedule of the charges for the review and processing time from the Roadway Production and the Traffic Engineering Divisions to be added to the cost of right-of-way construction permits and services; and
B) adopt a Resolution revising a schedule to increase the user fees approximately 10% to more closely match actual Palm Beach County (County) costs in the review and preparation of various Land Development permits and services, and to include the addition of a fee schedule for the Roadway Production and Traffic Engineering Divisions. This action will repeal the latest fee revision, Resolution R99-1071.
SUMMARY: Approval of this motion would allow for and establish a new fee schedule to defray the plan review costs of the Roadway Production and the Traffic Engineering Divisions, for the required review of plans and permit applications proposing construction within County rights-of-way. Approval will also update the current Land Development Fee Schedule to increase the user fees approximately 10% to up date the current costs. This action will repeal the latest fee revision, Resolution R99-1071. Countywide (MRE)
APRIL 21, 2009
6. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County=s
interest in a 686 square foot parcel of vacant County-owned land in Boynton
Beach to Southern Homes of Palm Beach, LLC, for $17,836 with reservation of
mineral and petroleum rights, but without rights of entry and exploration;
B) approve a County Deed in favor of Southern Homes of Palm Beach,
LLC; and
C) approve a Canal Easement in favor of Southern
Homes of Palm Beach, LLC.
SUMMARY: The County acquired a 2.94 acre parcel of submerged land underlying three finger canals in unincorporated Boynton Beach by Tax Deed in May 1971. The canals are located along the Intracoastal Waterway in Boynton Beach between Turner Road and Bamboo Lane. The assessed value of the County=s entire parcel is $891. The County has previously sold 115 square feet to the Anya Group in 2005 (R2005-1333), a 414 square foot parcel to Patricia H. Mikulec in 2008 (R2008-0464) and a 142 square foot parcel to Southern Homes of Palm Beach, LLC in 2008 (R2008-1354); each approved by the Board for $26.08/sf. This property is being sold to the Southern Homes of Palm Beach, LLC for $17,836 (rounded to $26/sf) without competitive bidding under the alternative disposition procedures established by Ordinance 2002-067. This requires a finding by the Board that Southern Homes of Palm Beach, LLC is Athe only person capable of reasonably utilizing the property for the use which the Board has determined to be the highest and best use of the property.@ Staff recommends this finding to ensure that Southern Homes of Palm Beach, LLC, as the adjacent upland riparian lot owner, retains access to the canal immediately behind its Waterside Village subdivision. The County will retain mineral rights in accordance with Florida Statutes Section 270.11, but will not retain rights of entry and exploration. The County is also granting to Southern Homes of Palm Beach, LLC an exclusive Canal Easement to allow for the installation of docks, boat slips and appurtenant facilities and equipment in the County’s canal located adjacent to the Waterside Village subdivision. The Canal Easement may be assigned to the Waterside of Boynton Homeowner’s Association, Inc. without the County’s consent, provided the homeowner’s association assumes the obligations of the Canal Easement. The easement area is L-shaped and is approximately 20’ x 450’ for a total of approximately 8,919 square feet (0.20 acres). This Canal Easement is being granted at no charge, as numerous other adjacent upland riparian lot owners use the canal and have docks and pilings that encroach onto the County’s submerged lands. (PREM) District 4 (HJF)
D. HOUSING AND COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: execution of a Subordination Agreement in connection with a Mortgage executed by Village Centre Apartments, Ltd. in favor of Palm Beach County. SUMMARY: On October 16, 2007, the Board of County Commissioners entered into a funding agreement with Village Centre Apartments, Ltd. allocating a total of $1,300,000 in County funds for the development and construction of Village Centre Apartments (a low to moderate-income home ownership project). The project owner now wishes to borrow $200,000 from the State’s Florida Housing Finance Corporation and is requesting Palm Beach County to subordinate its interest in the existing County Mortgage to that of the new mortgage with the State. This project is to be located in the City of West Palm Beach’s Northwood redevelopment area. Evaluation of this request indicated that the County’s financial interest in the encumbered Village Centre Apartments property will not be adversely affected as a result of this transaction. District 7 (TKF)
APRIL 21, 2009
6. REGULAR
AGENDA
D. HOUSING AND COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends motion to approve: the Program Guidelines for the proposed Neighborhood Stabilization Program (NSP) funded First Mortgage Loan Program and Residential Redevelopment Program. SUMMARY: The First Mortgage Loan Program and the Residential Redevelopment Program were approved by the Board of County Commissioners on November 18, 2008, as part of the County’s application to the U.S. Department of Housing and Urban Development (HUD) which awarded $27,700,340 to the County under the NSP. On November 18, 2008, the Board of County Commissioners approved the allocation of $12,845,811 to the First Mortgage Loan Program. It is projected to assist income eligible households to acquire foreclosed and vacant residential properties as their primary residence under this program. In addition, the Residential Redevelopment Program was allocated $5,000,000 to fund non-profit organizations, public agencies and municipalities to acquire vacant, abandoned, and foreclosed upon residential properties for resale or rental to income-eligible households. HUD advised of their approval of the County’s application on January 12, 2009. Per program requirements, funds should be fully expended by September 4, 2010. These are Federal Community Development Block Grant funds that require no local match. Countywide (TKF)
E. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff request Board direction: on the 2007 Biennial Update of Impact Fees. SUMMARY: On April 15, 2008, staff presented a preliminary report on the 2007 Biennial Update of Impact Fees and requested Board direction on impact fee increases and other Amendments to Article 13 of the ULDC. Staff recommended increasing Park, Library, Fire Rescue, and Public Building impact fees to the levels in the consultant’s report; decreasing Law Enforcement impact fees where calculated in the consultant’s report; leaving Road and School impact fees unchanged from their current levels; not establishing a new Solid Waste impact fee. This recommendation would have resulted in a 9.33% ($936) fee increase compared to a 76% ($7,616) increase calculated in the consultant’s report. The Board directed staff to leave the Road, Park, School, Library, Public Building, and Fire Rescue fees unchanged; modify Article 13 to decrease Law Enforcement impact fees where calculated by the methodology; and the Board directed staff to not establish a Solid Waste impact fee. The Board also requested staff to return in April 2009 for an update and further consideration of the 2007 Biennial Update of Impact Fees. Countywide (LB)
APRIL 21, 2009
6. REGULAR
AGENDA
E. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to:
A) adopt a Resolution authorizing the issuance of not
to exceed $16,200,000 Public Improvement Revenue Bonds (Four Points and Other
Public Buildings Projects), Series 2009 (the “Bonds”) in order to finance the
cost of renovation, construction and equipping of public improvement facilities
and all other cost necessary or incidental thereto; covenanting to budget and
appropriate from legally available non-ad valorem revenues amounts sufficient
to pay the principal of and interest on said bonds; providing for the rights of
the holders of said bonds; appointing the Clerk of the Circuit Court as
registrar and paying agent for the Bonds; authorizing the proper officials of
the County to do all other things deemed necessary or advisable as to the sale
and delivery of the Bonds; approving the form of a solicitation for competitive
bids to purchase the Bonds; and providing for an effective date for this
Resolution; and
B) approve Nabors, Giblin & Nickerson as bond
counsel for the Bonds.
SUMMARY: The Bonds are financing various facility improvement projects that are included in the FY 2009 capital budget. The improvements include building code upgrades at Four Points and hardening of the entire facility to act as an Emergency Operations Center annex; replacement of cooling towers and chillers at the Governmental Center and other capital improvements to County facilities. The County is competitively bidding the sale of the bonds through its financial advisor to banks and the costs of issuance include bond counsel, financial advisor and bank counsel fees. The County currently has two (2) bond counsel firms, Greenberg Traurig and Nabors, Giblin & Nickerson, under contract serving as bond counsel and disclosure counsel, respectively on the Series 2009 Water & Sewer Revenue Bonds under the Reclaimed Water Agreement with Florida Power and Light. Staff is recommending that Nabors, Giblin & Nickerson serve as bond counsel for the $16.2 Million Public Improvement Revenue Bonds, Series 2009. The County is currently reviewing its policies with respect to the selection of bond underwriters, bond counsel and disclosure counsel. The County requires bond counsel services prior to the conclusion of this review. Loans directly with Banks do not require disclosure counsel or the need to fund a debt service reserve. Countywide (PFK)
APRIL 21, 2009
6. REGULAR
AGENDA
F. PARKS AND RECREATION
1. Staff recommends
motion to:
A) approve in concept the
future development of a community center within the proposed neighborhood park
project at Gramercy Park provided that sufficient capital funding is identified
for construction and a partnering not-for-profit agency is identified to
operate the facility;
B) authorize staff to identify
conditions for a property exchange with the Department of Environmental
Resources Management (ERM), initiate limited preliminary design, and provide a
funding evaluation for the project; and
C) reallocate $1,000,000 in project
funding within the 2002 $50 Million Recreational and Cultural Facilities Bond
referendum from South Florida Science Museum, Inc. for the Dekelboum Science Center
project to Palm Beach County for construction of a future community center at the
proposed Gramercy Park Neighborhood Park project.
Summary: On September 10, 2002, the Board approved a
proposed project list for the 2002 $50 Million Recreational and Cultural
Facilities Bond referendum that included $4,000,000 ($3,000,000 from District 2
and $1,000,000 from District 7) for South Florida Science Museum, Inc. for construction
of the new Dekelboum Science Museum. A
funding Agreement for this project has not yet been provided to the Board
because the Science Museum has not yet presented project exhibits required for
Bond Agreements. The District 7 Commissioner has requested that the Board
redirect its $1,000,000 previously earmarked for the Science Museum toward construction
of a future community center at the County’s proposed Gramercy Park
Neighborhood Park. District 2 (PK)
APRIL 21, 2009
6. REGULAR
AGENDA
G. WATER
UTILITIES
1. Staff recommends motion to approve:
A) a termination of existing Interlocal Agreement with the City of Pahokee;
B) an Interlocal Agreement with City of Pahokee for Construction Management Services;
C) a delegation of the authority to execute an Authorization Form to the County Administrator, or his designee; and
D) transfer lead department from Engineering and Public Works to Water Utilities for use of Countywide Community Revitalization Team existing budgeted funds.
SUMMARY: The County has an existing Interlocal
Agreement with Pahokee (R2007-0367, as amended by R2008-0933) (Existing
Interlocal) in which the County is to reimburse Pahokee, through Countywide
Community Revitalization Team funds, for various sanitary sewer improvement
projects within Pahokee’s service area.
Under the terms of the Existing Interlocal, Pahokee is to bid,
administer, construct, inspect the project, and be reimbursed for these
services. The Palm Beach County Water
Utilities Department (WUD) is assisting Pahokee on the sanitary sewer
improvements projects, and Pahokee wishes for the County, through WUD, to take
over construction management services for the projects, as well as other
required potable water or wastewater projects that may arise. The new Interlocal Agreement authorizes the
County to manage the pre-design, design, bid, construction, and close-out
services of authorized potable water and wastewater projects within Pahokee’s
service area. The City of Pahokee will
authorize the County’s construction management services, and provide an
Authorization Form to the County Administrator, or his designee for execution.
In addition, as the County, and not Pahokee, will be performing the
construction management services, the Existing Interlocal is no longer
necessary and should be terminated. Management of the Canal Point low pressure
sewer and associated Pahokee wastewater treatment plant headworks project has been
transferred from Engineering and Public Works to Water Utilities. Palm Beach County Water Utilities Department
is to be compensated from funding sources dedicated to the City of
Pahokee. There is no financial liability
to Palm Beach County or to Water Utilities Department by this Agreement. District
6 (MJ)
* * * * * * * * * * * *
APRIL 21, 2009
7. BOARD
APPOINTMENTS
A. COMMUNITY
SERVICES
(Treasure Coast Health Council, Inc.)
1. Staff recommends
motion to approve: reappointment
of the following six (6) members for a term of two (2) years to the Treasure
Coast Health Council, Inc.:
Nominee Category/Seat
No Term
Edward Fischman Health
Care Provider/Seat 2 02/06/09-02/05/11
Emmy Rayne Health
Care Consumer/Seat 3 02/06/09-02/05/11
Norma Schattner Health
Care Consumer/Seat 4 02/06/09-02/05/11
Lillian DeCicco Health
Care Provider/Seat 5 02/06/09-02/05/11
Robert Hays Health
Care Purchaser/Seat 7 02/06/09-02/05/11
Marnie Ritchie Poncy Health Care
Consumer/Seat 9 02/06/09-02/05/11
Summary: The Treasure Coast Health Council, Inc.
consists of 12 members: seven (7) representatives for Palm Beach County; one
(1) member appointed by Indian River County, one (1) member appointed by Martin
County, one (1) member appointed by Okeechobee County, and two (2) members
appointed by St. Lucie County.
Appointees shall be representatives of health care providers, health
care purchasers, and non-governmental health care consumers, not to exclude
elected government officials. A majority
of the Council members must be health care purchasers and health care consumers
and the Council must include a representative number of persons over 60 years
of age. Appointments shall be for a term
of two (2) years. Countywide (TKF)
B. FIRE
RESCUE
(Regional Hazardous Materials Oversight Committee)
1. Staff recommends motion to approve: appointment of two (2) individuals to the Regional Hazardous Materials Oversight Committee beginning on May 1, 2009, through April 30, 2012:
Nominee Seat No. Category
Darrell Donatto 4 PBC Fire Chief’s Association
Dianne Strock 2 PBC Health Department
SUMMARY: The Hazardous Materials Oversight Committee was created in 1998 by Ordinance No. 98-13. Appointments to this five (5) member Committee are for three (3) year terms and are composed of members from specific areas of representation. The terms of the Committee members are staggered to eliminate replacing the entire Committee at one time. The two (2) vacancies have occurred as previous nominees are not eligible for reappointment. Countywide (SB)
APRIL 21, 2009
7. BOARD
APPOINTMENTS
C. PUBLIC
AFFAIRS
(Education & Government Programming Advisory Board)
1. Staff recommends
motion to approve:
A) reappointment of three (3) At-Large members to the Education and
Government Programming Advisory Board for a term of three (3) years.
Nominee: Requirement Seat Nominated By Term
Keith Betts Broadcast Engineer 2 Comm. Koons 05/01/09 - 4/30/12
Comm. Marcus
Comm. Vana
Comm. Greene
Comm.
Aaronson
Marta Casas-Celaya Cable Industry 4 Comm. Koons 04/18/09 - 4/17/12
Comm. Marcus
Comm. Vana
Comm. Abrams
Comm. Greene
Comm.
Aaronson
Deborah Stewart PBC Public School 6 Comm. Koons 05/01/09 - 4/30/12
System Comm.
Marcus
Comm. Vana
Comm. Greene
Comm. Aaronson
B) appointment of one (1) individual to fill the Municipal Government
Representative Seat 8 on the Education and Government Programming Advisory
Board for a term of three (3) years.
Nominee Requirement Seat Nominated
By Term
Lynn L. Allison Municipal Government 8 Comm. Koons 05/01/09 - 4/30/12
Comm. Marcus
Comm. Vana
Comm. Abrams
Comm. Greene
Comm.
Aaronson
SUMMARY: The Education and Government Programming Advisory Board was created by
Resolution No. R91-1489 and amended by Resolution No. R92-388 on March 17,
1992. The Advisory Board consists of ten (10) At-Large members. Board members
represent fields of expertise from the following categories: Broadcast General
Manager; Engineer with experience in telecommunication systems; Marketing
Director; Cable Industry; Adult Education; PBC Public School System; Member of
the BCC; Municipal government representative; and two (2) Citizens-at-Large.
The members are appointed by the Board of County Commission and provide
assistance in the operation of Channel 20. On March 2, 2009, a memo was sent to
the Board of County Commissioners requesting nominations, appointments or
reappointments. Countywide (MJ)
APRIL 21, 2009
7. BOARD
APPOINTMENTS
D. PLANNING, ZONING &
BUILDING
(Construction Industry Licensing Board)
1. Staff recommends
motion to approve: appointment
of the following individual to the Construction Industry Licensing Board (CILB)
to complete a 2.5 year term from April
21, 2009, to September 30, 2011:
Appoint Seat
No. Requirement Nominated by
George
H. Sparling 3 Building
Contractor Comm. Koons
Comm.
Greene
Comm.
Vana
SUMMARY: The Construction
Industry Licensing Board was established by Special Act, Chapter 67‑1876,
Laws of Florida as amended. The Special
Act sets forth the membership of the Board, which consists of 12 members. The
above named has been recommended by the Construction Industry Management
Council (CIMC) as building contractor. George Sparling is replacing Richard
Williams, who had resigned and whose term has since expired. Memorandums were
sent to the Board of County Commissioners on February 11, 2009 advising of the
vacant position; No other nominations were received. Countywide (GB)
E. COUNTY ADMINISTRATION
1. Staff recommends motion to approve: appointment of Commissioner Steven L. Abrams to the following Advisory Boards:
A. Kravis Center (Ex-Officio Member)
B. Metropolitan Planning Organization (Note: Alternate for now, will take over Commissioner Greene’s regular seat May 1, 2009)
C. Overall Economic Development Program Committee
D. Palm Beach Broadband
E. Florida Association of Counties
SUMMARY: A number of County and statutorily created advisory boards require representation by the Board of County Commissioners (BCC). With the resignation of Mary McCarty in January, several of these boards were left without a BCC representative. Newly appointed Commissioner Abrams wishes to be appointed to the above advisory boards to now represent the BCC. This action still leaves several boards without representation, and staff will coordinate with the Board to fill those seats. Countywide (DN)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 21, 2009
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
APRIL 21, 2009
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
Proclamation declaring April 21, 2009 as “Traffic Safety Distinguished
Citizens Day” in Palm Beach County.
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
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."