ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 5, 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 - 28)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 29)
5. REGULAR
AGENDA (Pages 30 - 33)
TIME
CERTAIN 11:30 A.M. (Executive Session) (Page 30)
6. BOARD
APPOINTMENTS (Pages 34 - 35)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 36)
8. STAFF
COMMENTS (Page 37)
9. COMMISSIONER
COMMENTS (Page 38)
10. ADJOURNMENT (Page 38)
* * * * * * * * * * *
MAY 5, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Memorandum
of Agreement with United Way supporting Prosperity Campaign
3A-2 Resolution
Section 108 Loan and Brownfield Economic Development Initiative Programs
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Contract
with H&J Contracting for Forest Hill Blvd/State Road 7 improvements
3C-2 Reimbursement
Agreement with City of Boynton Beach for Southeast 4th Street
improvements
3C-3 Amendment
with Town of Mangonia Park for Boardman Ave. street lights
3C-4 Project Agreement with U.S. Dept. of
Agriculture Natural Resources Conservation Service regarding Stub Canal
embankment stabilization
Page 8
3C-5 Correction
to Yellow Brick Road, South 19th Drive and South 19 Avenue
maintenance limits
3C-6 Task
Authorization with R.J. Behar regarding Ocean Avenue Bridge
3C-7 Roadway
Transfer Agreement with FDOT regarding SR-807 (Congress Avenue)
3C-8 Six
(6) Resolution declaring acquisition of property for Stacy Street improvements
D. COUNTY ATTORNEY
Page 8
3D-1 Amendment No. 4 with Nabors, Giblin &
Nickerson regarding bond counsel for Public Improvement Revenue Bonds
E. COMMUNITY SERVICES
Page 9
3E-1 Amendment
No. 1 w/Area Agency on Aging regarding the Home Care for the Elderly Program
3E-2 Amendment No. 1 w/Area Agency on Aging
regarding the Community Care for the Elderly Program
3E-3 Amendment
No. 2 with Area Agency on Aging regarding the Older Americans Act Program
Page 10
3E-4 Contracts
with various agencies under the Ryan White Program
3E-5 Standard Agreement with Area Agency on Aging
regarding Emergency Home Energy Assistance Program
Page 11
3E-6 Amendment
No. 1 with Department of Children and Families for services to the homeless
3E-7 Two (2) amendments with Comprehensive AIDS
Program regarding Ryan White HIV Health Support services
3E-8 Amendment
No. 1 with Ruth Rales Jewish Family Service for services to seniors
F. AIRPORTS
Page 12
3F-1 Fourth
Amendment to Lease Agreement with Galaxy Aviation of Palm Beach, Inc.
3F-2 Receive
and file three (3) standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Resolution
awarding sale of the Public Improvement Revenue Bonds
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Amendment
No. 2 with Hedrick Brothers Construction regarding the PBSO Training Center
3H-2 CSA
No. 9 with Hellmuth, Obata & Kassabaum regarding the Jail Expansion Program
MAY 5, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 14
3H-3 Change
Order No. 3 with West Construction for Phil Foster Park building/docks
3H-4 Agreement with U.S. Department of Homeland
Security, Transportation Security Administration regarding County’s 800 MHz
radio system
3H-5 Renewal option of Concessionaire Service
Agreement with Kayak-King Watersports for water sports and recreation rental
concession in Okeeheelee Park
Page 15
3H-6 Amendment No. 1 with Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida for Palm Tran bus
service facility at West County Jail property
3H-7 Partial
Release of Conservation Easement regarding Haverhill Linear Park property
3H-8 Amendment No. 1 with Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida for public transit bus
shelter at new Glades Hospital
Page 16
3H-9 Renewal option to extend ATM Operating
License Agreement with Credit Union for operation of ATMs at several County
facility locations
3H-10 Sidewalk Easement in favor of City of Lake Worth at 725 Latona
Avenue
Page 17
3H-11 Resolution conveying 0.07 acres of surplus property (Douglas Drive)
to Town of Ocean Ridge
I. HOUSING & COMMUNITY DEVELOPMENT
Page 17
3I-1 Amendment
No. 1 with City of Lake Worth regarding ADA restroom in Howard Park
Page 18
3I-2 Amendment
No. 2 with Oakwood Center of the Palm Beaches for HVAC system
3I-3 Forgivable
loan with Housing Trust Group regarding 10 special needs rental units
Page 19
3I-4 Six
(6) affordable housing projects under the Multi-Family Rental Development
Program
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 20
3K-1 Piggyback Contract with Miller Pipeline
Corporation for rehabilitation of wastewater gravity pipelines
3K-2 Deleted
3K-3 Contract with Sheltra & Son Construction
Co. to construct low pressure sewer system project
3K-4 Indemnity
Agreement with City of Greenacres regarding County-owned force main
3K-5 Work
Authorization No. 9 w/AKA Services for Hypoluxo Road wastewater main extension
Page 21
3K-6 Wastewater
Development Agreement with Lion Country Safari, Inc.
3K-7 Reclaimed
Water Service Agreement with Emerald Dunes Golf Course, LLC
3K-8 Receive
and file four (4) standard development agreements for Water Utilities
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 22
3L-1 Termination
of Easement for conservation easement at Whiteside Industrial Park
3L-2 Amendment
No. 2 with City of West palm Beach regarding pollution control devices
installation
3L-3 Budget
Amendment regarding invasive plant removal
M. PARKS & RECREATION
Page 22
3M-1 Interlocal Agreement with City of Boynton
Beach for Congress Avenue Barrier Free Community Park water feature
Page 23
3M-2 Agreement
with Aid to Victims of Domestic Abuse for AVDA 2008 5K Run/Walk by the Sea
3M-3 Agreement
with City of Lake Worth for Lake Worth Youth Basketball Program
3M-4 Receive
and file School Board RAP for Boynton Beach High girls’ basketball travel
expenses
3M-5 Receive
and file School Board RAP for several schools Project Graduation 2009
3M-6 Receive
and file School Board RAP for JFK Middle band trip to Atlanta, Georgia
MAY 5, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 24
3M-7 Office of Greenways and Trails Recreation
Trails Program Grant Application for trail development at Riverbend Park
3M-8 Receive
and file Independent Contractor Agreement with PBC Officials Association
3M-9 Termination of Agreement with City of Boca
Raton regarding governmental channel television equipment
Page 25
3M-10 Second Amendment with Kiril Zahariev for USA swimming coaching
services
3M-11 Budget Transfer regarding Okeeheelee Golf Course greens renovation
3M-12 Use of Burt Reynolds Park for Tropic Thunder powerboat races
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Third
Amendment with Florida State University regarding Youth Violence Prevention
project
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 26
3S-1 Emergency Services Agreement for Mutual
Assistance, Automatic Aid and Dispatch Services with the City of Greenacres
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 26
3X-1 Citizen Corps Grant with Florida Dept. of
Community Affairs for volunteer organization coordination during disasters,
threats of terrorism, crime and public health issues
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. INTERNAL AUDITOR
Page 27
3BB-1 Amendment No. 5 with Joseph Bergeron, Internal Auditor
CC. SHERIFF
Page 27
3CC-1 Budget Transfer in Law Enforcement Trust Fund to various
organizations prevention programs
DD. MEDICAL EXAMINER
Page 28
3DD-1 Receive and file three (3) standard Interim Associate
Medical Examiner Agreements
MAY 5, 2009
TABLE OF CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 29
4A Certificate
of Appreciation to John Flanigan
4B Certificate of Appreciation to Christina
Orr Cahall
4C City of Atlantis Day
4D National Goodwill Week
4E Workforce Development Professionals Month
4F Safe Boating Week
4G Emergency Medical Services Week
4H Clean Air Month
4I Palm Beach Spring Awareness for Music
Education Day
4J Better Hearing and Speech Month
REGULAR AGENDA
ADMINISTRATION
Page 30
5A-1 Executive
Session – TIME CERTAIN 11:30 A.M.
CLERK & COMPTROLLER
Page 30
5B-1 Budget Transfer to 2009 Value Adjustment
Board budget
COUNTY ATTORNEY
Page 30
5C-1 Ordinance
amending Palm Beach County Code (Vessels in the Loxahatchee River)
HOUSING
& COMMUNITY DEVELOPMENT
Page 31
5D-1 Tenth
Amendment to the FY 2008-2009 Action Plan
PLANNING, ZONING &
BUILDING
Page 31
5E-1 Ordinance
amending Palm Beach County Code (Property Maintenance Code)
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 32
5F-1 Resolution regarding County’s Water and
Sewer Revenue Bonds (FPL Reclaimed Water Project)
CRIMINAL
JUSTICE COMMISSION
Page 33
5G-1 FY
2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant allocations
BOARD
APPOINTMENTS (Pages 34 - 35)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 36)
STAFF
COMMENTS (Page 37)
COMMISSIONER
COMMENTS (Page 38)
ADJOURNMENT (Page 38)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Memorandum of Agreement with the United Way of Palm
Beach County to support the Palm Beach County Prosperity Campaign Phase II in
the amount not-to-exceed $105,655 for the period of October 1, 2008, through
September 30, 2009. SUMMARY: Staff recommends the continuation of the County’s
participation in the Palm Beach County Prosperity Campaign for the tax year 2008.
Funds for this program are included in the FY 2009 General Fund. This
Memorandum of Agreement is needed to facilitate the reimbursement of expenses
to the United Way. Countywide (DN)
2. Staff recommends motion to:
A) adopt a Resolution authorizing the County Administrator or his designee to approve and sign on behalf of the Board of County Commissioners (BCC) all loan/grant documents and agreements with approved borrowers and/or grantees that meet the criteria of the Palm Beach County Section 108 Loan Program and the Brownfield Economic Development Initiative (BEDI) Grant Program; and
B) approve Amendment No. 4 to the Palm Beach County Section 108 Loan Program Criteria.
SUMMARY: This Resolution will expedite the Section 108 loans and agreements that meet the criteria of the Palm Beach County Section 108 Loan Program and the BEDI Grant Program, which are funded by the U.S. Department of Housing and Urban Development (HUD). The approval of the BEDI grants are linked to the approval of Section 108 loans only for eligible projects approved by HUD in specific areas. The proposed Amendment will modify the following elements of the Criteria: Program Requirements: (Section E, Board of County Commissioners approval) includes the County Administrator or his designee in the approval process of projects that require less than or up to $1,000,000; and that meet all of the Program Criteria and do not require an exception to any of the criterion of the Section 108 Loan Program; and Program Administration: (Section D, Obtaining BCC and HUD Approval): includes the County Administrator or his designee in the approval process of projects that require less than or up to $1,000,000; and that meet all of the Program Criteria, and do not require an exception to any of the criteria of the Section 108 Loan Program. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Budget July
14, 2008
Regular March
17, 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
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (H & J), the lowest responsive, responsible bidder in the amount of $750,377.11 for the construction of improvements/additions on the west leg of Forest Hill Boulevard and S.R. 7 (Project). SUMMARY: Approval of this Contract will allow Palm Beach County to issue a Notice to Proceed to begin construction of the Project. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by H & J is 23.66%. The time for the completion of all work under this Contract shall be no more than 160 calendar days. District 6 (MRE)
2. Staff recommends
motion to approve:
A) a Reimbursement Agreement with the City of Boynton Beach (City) for Southeast 4th Street Improvements in an amount not to exceed $300,000; and
B) a Budget Transfer of $300,000 in the Transportation Improvement Fund from Reserve for District 4 to the City of Boynton Beach Southeast 4th Street Improvements – District 4.
SUMMARY: Approval of the Reimbursement Agreement and Budget Transfer will provide funds to the City to pay for street improvements on Southeast 4th Street from Ocean Avenue to Southeast 12th Street. District 4 (MRE)
3. Staff recommends
motion to approve:
A) an Amendment to Interlocal Agreement R2008-1419 with the Town of Mangonia Park for decorative street lights on Boardman Avenue in an amount not to exceed $62,637; and
B) a Budget Transfer of $62,637 in the Transportation Improvement Fund from Reserves for District 7 to Mangonia Park-Decorative Streets Lights for Boardman Avenue – District 7.
SUMMARY: Approval of this Amendment to the Interlocal Agreement and Budget Transfer will provide funds to help pay for an additional six (6) decorative street lights at the entrance to Boardman Avenue. Approval of the original Interlocal Agreement provided funds for seven (7) decorative street lights along Boardman Avenue. District 7 (MRE)
4. Staff recommends
motion to approve:
A)
a Project Agreement with the U.S.
Department of Agriculture Natural Resources Conservation Service (NRCS);
B) a Budget Transfer of
$52,500 in the County Transportation Trust Fund from Pavement
Management/Roadway Striping to Disaster Related Debris Clean-up County Canals;
and
C) a Budget Amendment of
$247,500 in the County Transportation Trust Fund to recognize a grant from the
NRCS and appropriate it to Disaster Related Debris Clean-up County Canals.
SUMMARY: This
Project Agreement will provide reimbursement to the County of up to $247,500
from the NRCS to assist in providing watershed protection measures in the form
of canal embankment stabilization along the Stub Canal in Palm Beach County in
an effort to relieve hazards and damage to the canal embankment. District 3 (MRE)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends motion to receive and file: a correction to maintenance limits of Yellow Brick Road, South 19th Drive, and South 19th Avenue. SUMMARY: On March 17, 2009 the Board approved the maintenance of the above roads with the distance of 112+/- feet, which was in error. Approval of this item will provide for the correct maintenance limits of 211+/- feet for these roads. District 3 (PK)
6. Staff recommends motion to approve: a Task Authorization to Project No. 2003502 under Annual Agreement R2008-0160 in the amount of $161,363.72 with R. J. Behar & Company, Inc. for professional services. SUMMARY: Approval of this Task Authorization will provide the professional services necessary for the review of design plans and construction bid documents for Ocean Avenue (Lantana) Bridge over Intracoastal Waterway Bridge Replacement. Districts 4 & 7 (PK)
7. Staff recommends
motion to adopt: a Resolution approving a Roadway
Transfer Agreement with the State of Florida Department of Transportation
(FDOT), to transfer SR-807 (Congress Avenue) from Lantana Road to SR-802 (Lake
Worth Road) to Palm Beach County (County). SUMMARY: Approval of this Agreement will transfer all responsibility for the road right-of-way
and for operation and maintenance of the roadway, including bridges, to the
County. The FDOT gives up all rights to the roadway, including the
right-of-way, except as may be specified in this agreement. District 3
(MRE)
8. Staff recommends
motion to adopt: Six (6) Resolutions declaring the acquisition of
property known as Parcels 101 and 103 as partial takes in fee simple for
right-of-way, and Parcels 217, 219, 221 and 224 as temporary construction
easements, for the improvement and construction of Stacy Street from Haverhill
Road to the end, being Palm Beach County Project No. 2008904. SUMMARY:
Approval of this action will adopt six (6) Resolutions to authorize the filing
of eminent domain proceedings against six (6) parcels whose total appraised
value is $16,850. District 2 (PM)
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve: Amendment No. 4 to the Agreement (R2007-0019) with
the law firm of Nabors, Giblin & Nickerson, P.A., to provide bond counsel
and related legal services for the not to exceed $16,200,000 Public Improvement
Revenue Bonds (Four Points and Other Public Building Projects), Series 2009
(the “Bonds”). SUMMARY: The law firm was
selected as bond counsel for the Bonds by the Board at the April 21, 2009
meeting. This Amendment No. 4 confirms that selection by amending the existing
Agreement for bond counsel and related services between the County and the law
firm. Payment to the law firm for the
legal services in connection with the bond counsel services will be as provided
for in the Agreement. Countywide (PFK)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No.
001 to Standard Agreement No. IH008-9500 (R2008-1620; dated September 23, 2008)
for the Home Care for the Elderly (HCE) Program with the Area Agency on Aging (AAA)
of Palm Beach/Treasure Coast, Inc. for the period July 1, 2008, through June
30, 2009, decreasing the agreement amount by $35,719 for a new total
not-to-exceed the amount of $104,383. Summary: This
Amendment will increase HCE case management services by $350 and decrease HCE
subsidy by $36,069 for provisions of care in private homes as an alternative to
nursing home or other institutional care. In the area south of Hypoluxo Road, Ruth
Rales Jewish Family Service currently provides HCE services under a similar
grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
2. Staff recommends motion
to approve:
A) Amendment No. 001 to Standard Agreement No.
IC008-9500 (R2008-1621; dated September 23, 2008) for the Community Care for
the Elderly (CCE) Program with the Area Agency on Aging (AAA) of Palm
Beach/Treasure Coast, Inc. for the period July 1, 2008, through June 30, 2009, increasing
the Agreement amount by $83,536 for a new total not-to-exceed amount of $1,091,014;
and
B) Budget Amendment of $21,362 in the DOSS –
Administration Fund.
Summary: This Amendment will increase Case Management
to $15,037, Case Aide to $1,670, and In-Home (Client) Services by $66,829. In the area south of Hypoluxo Road, Ruth Rales
Jewish Family Service currently provides CCE services under a similar grant
from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
3. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement No.
IA008-9500 (R2008-0337; dated March 11, 2008) for the Older Americans Act (OAA)
Program with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for
the period January 1, 2008, through December 31, 2008, increasing the Agreement
amount by $42,739.53 for a new total not-to-exceed amount of $1,976,489.53 for
various supportive services to seniors. Summary: This Amendment provides
reimbursement for 19,080 additional C2 Home Delivered Meals provided during the
previous grant year totaling $42,739.53. In the area south of Hypoluxo Road,
Mae Volen Senior Center, Inc. currently provides OAA services under a similar
grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends motion to approve: contracts with listed provider agencies for
the period March 1, 2009, through February 28, 2010, totaling $2,793,162 for
Ryan White Part A HIV Emergency Relief Formula
funds:
Formula
A) Compass,
Inc. 217,257
B) Comprehensive
AIDS Program 597,563
C) Comprehensive
Community Care Network, Inc. 366,874
D)
Glades Health Initiative, Inc. 49,000
E) Gratitude
House
17,196
F) Legal
Aid Society of Palm Beach County 195,258
G) Minority
Development & Empowerment, Inc.
51,398
H) Oakwood
Center of the Palm Beaches, Inc. 60,000
I)
Treasure Coast Health Council - Medical 215,231
J) Treasure
Coast Health Council - CC Support 145,000
K) Health Care District 317,157
L) Palm
Beach County Health Department
561,228
Total $2,793,162
Summary: A Notice of Grant Award from the Department of Health and Human
Services Health Resources and Services Administration (HRSA) was received on
March 8, 2009, that conveys an award for partial formula funds (40%) for the
contract period March 1, 2009, through February 28, 2010. The funding of $3,115,485,
consists of $311,549 for Grantee Administration (which includes $145,000 for Care
Council Support subcontracted to Treasure Coast Health Council listed above);
and $155,774 for Quality Management. The grantee, Palm Beach County, is
responsible for selecting and contracting with service providers. The HIV
Council is charged with the sole responsibility of determining service
priorities and the allocation of funding the service priorities. The grant
award is for the provision of services related to HIV affected clients, such as
medical case management, medical care, oral health care and substance abuse
treatment. The agencies listed were
selected through the Request for Proposal process and have been recommended to
receive funding. (Ryan White) Countywide (TKF)
5. Staff recommends
motion to approve: Standard Agreement No. IP009-9500 for the Emergency
Home Energy Assistance Program (EHEAP) with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period January
1, 2009, through March 31, 2010, in the amount of $167,523. Summary: This Agreement will allow the Division of
Senior Services (DOSS), as lead agency, to serve 264 eligible low-income
households who meet 150% of the federal poverty guidelines, have at least one
(1) person age 60 years or older and are experiencing a home energy
emergency. Benefits include emergency
assistance to prevent disconnection of utility services. EHEAP services which are funded with $167,523
in Federal funds provided through the AAA Agreement and additional County funds
in the amount of $44,484 are needed to cover staff salaries and administrative
costs not covered by the grant. Sufficient
funding is available in the FY 2009 budget to meet County obligations. County match and additional funding required
to meet FY 2010 obligations will be requested in the FY 2010 budget process. In
the area south of Hypoluxo Road, Ruth Rales Jewish Family Service currently
provides EHEAP services under a similar agreement from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve: Amendment No. 1 with the Department of
Children and Families (DCF) for the Grant-In-Aid Program (R2008-1040), for the
period of July 1, 2008, through June 30, 2009, in an amount of $3,700 for a
total contract amount of $70,768, to prevent homelessness for a minimum of 84
at risk homeless households. Summary:
On June 17, 2008, the Board of County Commissioners approved a contract with
DCF in the amount of $67,068 to provide security deposits, rent/mortgage
assistance, utility assistance, or food vouchers to a minimum of 80 households
who are either homeless or at risk of becoming homeless. DCF has awarded an
additional $3,700 to this program increasing the number to be assisted from 80
to 84 by June 30, 2009. A twenty five
percent (25%) match is required and is met through in-kind contributions.
(Human Services) Countywide (TKF)
7. Staff recommends
motion to approve: Amendments to the Ryan White Part A HIV
Health Support Services Contracts for the period March 1, 2008, through
February 28, 2009 to change the unit cost rate of Medical Case Management and
increase funding for Medical Case Management by $115,133:
A) Amendment No. 2 to contract (R2008-0951;
dated June 3, 2008) (Formula) with Comprehensive AIDS Program to increase
funding for Medical Case Management by $75,361 for a total not to exceed amount
of $ 1,322,535; and
B) Amendment No. 1 to contract (R2008-0952;
dated June 3, 2008) (Supplemental) with Comprehensive AIDS Program to increase
funding for Medical Case Management by $39,772 for a total not to exceed amount
of $576,697.
Summary: Ryan White HIV Health Support service dollars are reviewed and allocated
to agencies in an attempt to spend 98% of Formula funds. Adjustments to the unit cost rate are
necessary to better serve clients and more appropriately reflect the cost of
Medical Case Management provided. A unit of service is defined as one fifteen
minute encounter with a client. The amendments will change the cost per unit
from $13.50 to $14.50. Funding of $115,133 is being moved from the
Administrative budget. No
County funds are required. (Ryan White) Countywide (TKF)
8. Staff recommends
motion to approve: Amendment No. 1, to the Contract with Ruth Rales
Jewish Family Service of South Palm Beach County, Inc. (RRJFS) (R2009-0073) for
the period January 13, 2009, through September 30, 2009 to adjust the contract
scope of work. Summary: This Amendment will allow RRJFS to provide
seniors in-home direct services by contracting with qualified vendors to
provide elder care homemaking, personal care, chore, respite, companionship
services as an alternative to nursing home or other institutional care. RRJFS
will be able to bill for approximately $59,972 in in-home direct care services
retroactively from the start date of the contract January 13, 2009 and case management
will be reduced by the same amount. The
contract amount of $100, 000 is unchanged.
District 5 (TKF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Fourth Amendment
to Lease Agreement with Galaxy Aviation of Palm Beach, Inc. (Amendment),
providing for: one (1) additional five (5) year option to renew;
the lease of additional property for an initial annual rental of
$230,273; reimbursement of costs incurred by the County related to the
termination of that certain Lease Agreement of Airport Property for Restaurant
dated June 19, 1979 (R79-789) with Specialty Restaurants Corporation and its
subsidiary, the 94th Aero Squadron of West Palm Beach (Specialty
Restaurants); and demolition of certain improvements in the amount of $802,263
payable in three equal annual installments; an option to lease additional real
property; and reimbursement for certain costs to be incurred by the County associated
with the construction of a taxilane. SUMMARY:
Galaxy Aviation of Palm Beach Inc. (Galaxy) provides fixed-based operator
services for general aviation aircraft at the Palm Beach International Airport
(PBIA), pursuant to a Lease Agreement dated October 18, 2000
(R2000-1067). This Amendment provides for the lease of approximately
354,140 square feet of additional unimproved ground, which includes one parcel
consisting of approximately 327,282 square feet (Parcel S-5). Parcel S-5
does not have adequate access for aircraft to PBIA’s airfield facilities;
therefore, this Amendment provides for the construction of a public use
taxilane by the County to serve Parcel S-5 as well as other properties located
in the southwest corner of PBIA. Construction of the taxilane by the
County is subject to receipt of sufficient state or federal grant funding for
the project in an amount not less than 75% of the total cost of the
project. Galaxy will be obligated to reimburse County for its local share
of the project in amount not to exceed 25% of the total cost of the project.
Galaxy will expend not less than $3 million on the construction of
improvements to Parcel S-5. Payment of rental for Parcel S-5 will commence upon
substantial completion of the improvements or June 1, 2010, whichever occurs
first. This Amendment provides Galaxy with one (1) additional option to
renew for five (5) years. This Amendment also grants Galaxy an option to lease
approximately 127,021 square feet of improved property located adjacent to
Galaxy’s existing leasehold, upon the expiration or earlier termination of that
certain Development Site Lease Agreement with FlightSafety International, Inc.
(R2000-0154) (FlightSafety Lease), for the then current fair market rental as
determined by appraisal. The term of the FlightSafety Lease expires on
January 31, 2020 with one (1) – ten (10) year option to renew. Countywide (JMB)
2. Staff recommends
motion to receive and file: three (3)
original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Tom
Newman, Unit 5, Building 11350 at North County Airport, terminating R2003-1305
on March 31, 2009;
B) North County General Aviation Airport Hangar Lease
Agreement with Maurice Cohen, Unit 15, Building 11740 for one (1) year,
automatically renewed at one (1) year intervals, commencing on February 15,
2009; and
C) Hangar Lease Agreement with Nettles Enterprises, Inc.
f/k/a Distant Harbours, Inc., Unit 5, Building 11350, at North County General
Aviation Airport for one (1) year, automatically renewed at one (1) year
intervals, commencing on April 1, 2009; terminating Hangar Lease Agreement with
Distant Harbours, Inc. (R2004-0403) for Unit 10, Building 11200 at North County
General Aviation Airport, same date.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2004-1367 and
R2008-1845. Countywide (JB)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to:
A) adopt a Resolution awarding the sale of the Palm
Beach County’s Public Improvement Revenue Bonds (Four Points and Other Public
Buildings Project), Series 2009, pursuant to the solicitation for bids to
purchase the Bonds; approving the terms of said Bonds; making certain findings
in connection therewith; supplementing the authorizing Resolution in certain
aspects in connection with the issuance of said Bonds; authorizing the Chairman
and other County officials to take all necessary action in connection with the
issuance and sale of said Bonds; and providing an effective date; and
B) approve a Budget Amendment of $16,160,000 in the $16.2
Million Public Improvement Revenue Bonds Four Point Facility Capital Fund to
record bond proceeds, and appropriate funding
for capital projects and cost of issuance and authorize OFMB to make
minor changes in the budgets for bond proceeds and costs of issuance upon receipt
of final bids.
SUMMARY: On April 21, 2009, the Board approved
Resolution (R2009-0698) authorizing the issuance of not-to-exceed $16.2 Million
Public Improvement Revenue Bonds (Four Points and Other Public Building
Projects) Series 2009 (the Bonds) in order to finance the cost of renovation,
construction and equipping of public improvement facilities. The County will receive competitive bids from
qualified lending institutions on April 29, 2009 and award the bid to the
lowest bidder acceptable to the County.
The costs of issuance are payable from bond proceeds. Closing on the Bonds will occur on May 20,
2009. Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: Amendment No. 2 to the Contract with Hedrick Brothers Construction (R2007-1056) in the amount of $3,962,852 for construction management services and site improvements for the Palm Beach County Sheriff’s Office (PBSO) Training Center located at Cherry Road. SUMMARY: Amendment No. 2 will provide for a Guaranteed Maximum Price (GMP) for the construction of the PBSO Training Center, comprised of interior renovations to the existing gymnasium and classroom building (32,600 sf), 153 new parking spaces, and drainage provisions for this development phase, as well as projected future phases. As part of the FY 2008 Capital Improvement Program (CIP) budget cuts, proceeding with this project allowed for the deferral of $7.7M FY 2006 funding, the elimination of $20M in FY 2009 funding, and the release of $8M in FY 2007 funding. The Small Business Enterprise (SBE) goal for this project is 15%. Hedrick Brothers Construction will be providing 33.3% SBE participation in this Amendment. The duration of this work is 203 calendar days. Financing for this project is from a $16.2M competitively bid bank loan authorized at the April 21, 2009 BCC meeting. (Capital Improvements Division) Countywide (JM)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 9
to the Contract (R2007-0033) with Hellmuth, Obata & Kassabaum, Inc. in the
amount of $400,000 for additional design services for the Jail Expansion
Program. SUMMARY: CSA No. 9 will provide design services to
increase the square footage of the area to be renovated for the West County
Court component of the Jail Expansion Program and provide a separate bid
package for this work. The Small Business
Enterprise (SBE) goal for this project is 15%. CSA No. 9 includes 19.7% participation. When
combined with the previous work done under this Contract, the SBE participation
is 16.0%. CSA No. 9 is funded from the Criminal Justice and Public Improvement
Revenue Bond Series 2008. (Capital Improvements Division) Countywide/District 6 (JM)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends motion to approve: Change Order No. 3 to the Contract with West Construction, Inc. (R2008-1747) in the amount of $433,272 for Phil Foster Park Multi-Purpose Building and Docks. SUMMARY: Approval of Change Order No. 3 will authorize relocation of the existing Park’s floating docks and construction of six (6) new boat docks with marine lifts for the Palm Beach County Sheriff’s Office (PBSO) Marine Unit. The time frame for the dock work is 120 days; however, the time impact to the overall project will not be known until permits for the dock work are received. As such, the time extension associated with this Change Order is to be determined in the future, when the permit is received. This work could not be included with the original Contract as final design and Florida Department of Environmental Protection (FDEP) permit reviews were incomplete. The Small Business Enterprise (SBE) goal for this project is 15%. Due to the specialized nature of this work scope, SBE participation for this Change Order is 6%, which brings the overall Contract participation to 18.8%. The PBSO Marine Unit docks and lifts will be funded from Law Enforcement Impact fees whereas the Park’s floating dock will be funded from the General Obligation Waterfront Access Bond and Park Improvement Fund. (Capital Improvements Division) District 1 (JM)
4. Staff recommends
motion to approve: an Agreement with the United States Department of Homeland
Security, Transportation Security Administration (TSA) allowing for
interoperable communications through the countywide common groups of the
County’s 800 MHz Radio System. SUMMARY: This Agreement provides the
conditions under which the TSA can program into its radios and utilize the
countywide common talk groups for certain types of inter-agency communications.
The County’s system will not be utilized
for routine operational communications by the TSA. The terms of the Agreement are standard and have
been offered to all municipalities and local branches of state and federal
agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement.
The TSA is required to pay all costs
associated with subscriber units and to comply with the established operating
procedures for the System. The term of
the Agreement is for five (5) years with three (3) - five (5) year renewals. The Agreement may be terminated by either
party, with or without cause. (FDO/ESS) Countywide
(JM)
5. Staff recommends
motion to receive and file: a
notice of exercise of the second option to extend the term of the
Concessionaire Service Agreement (R2007-0958) with Kayak-King Watersports,
Inc., for the continued operation of a water sports
and recreational rental concession in Okeeheelee Park at an annual rate of
$5,191.68. SUMMARY: Kayak-King Watersports, Inc. has operated its
concession in Okeeheelee Park since May 2008 (R2008-0761). Kayak-King Watersports, Inc. is exercising
the second of four (4) - one (1) year extension options for the period of July
1, 2009 through June 30, 2010. The
annual rent for this extension period is increased by four percent (4%) to
$5,191.68. The Board has no
discretionary authority to deny the exercise of the option. However, either party may terminate this
Agreement upon ninety (90) days written notice.
Exercise of this option provides for the continuation of water sports
and recreational rental operations by Kayak-King Watersports at Okeeheelee Park
until June 30, 2010. (PREM) District 6
(JMB)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends
motion to approve:
A) Amendment Number One to Lease Number 3887 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) (R91-176D) to allow a Palm Tran bus service facility at the West County Jail expansion property in Belle Glade; and
B) a Declaration of Easement for maintenance of a littoral planting area covering approximately .37 acres at the West County Jail expansion property in Belle Glade.
SUMMARY: The County leases approximately 76 acres from TIITF for the West County Jail, Drug Farm and other correctional facilities. The property is located near the intersection of State Road 80 and State Road 15 in Belle Glade. This Amendment Number One modifies the Lease to allow for a Palm Tran bus facility. The co-location of this facility will offset the operational costs associated with fuel rotation or treatment for the 65,000 to 80,000 gallons of stored diesel fuel necessary to operate the emergency generators at the Jail. When completed, Palm Tran’s bus service for Belle Glade, Pahokee, and South Bay will originate from this facility. The facility will also be used for bus storage and light maintenance. The co-location of this use with the Jail will also provide opportunities for expanding jail vocational programs into fleet training. The annual rent will continue to be $1/year. All other terms and conditions of the Lease remain unchanged. As part of the development of the Jail expansion, the County is required to relocate and enlarge the stormwater management system. This Declaration of Easement identifies a .37 acre littoral planting area located within the relocated stormwater management tract on the eastern section of the property and is required as a condition of permitting the Jail development. (PREM) District 6 (HJF)
7. Staff recommends motion to approve: a Partial Release of Conservation Easement on the north half of the County’s Haverhill Linear Park property located west of Drexel Road and extending from Belvedere Road to Southern Boulevard, in unincorporated West Palm Beach. SUMMARY: On May 6, 2008 (6E-1), the Board conceptually approved the donation of land for a portion of the County’s Haverhill Linear Park property to the Boys & Girls Clubs of Palm Beach County. The Agreement transferring the land to the Boys and Girls Clubs will be presented to the Board in the next 2-3 months. The Boys and Girls Clubs is moving forward with their development approvals and as a requirement of its DRO Site Plan Approval, it is necessary to process this Partial Release of Conservation Easement at this time. This Partial Release of Conservation Easement will remove the restrictions only on the 13.29 acre portion of the Haverhill Linear Park property lying north of the canal bisecting the Park property. There is no significant vegetation on the north half of the Linear Park property. (PREM) District 6 (HJF)
8. Staff recommends motion to accept: an Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for a public transit bus shelter boarding and alighting area located at the new Glades Hospital. SUMMARY: The Health Care District of Palm Beach County is currently developing the new Glades Hospital. The hospital is located near the intersection of Hooker Highway and State Road 80 in unincorporated Belle Glade. This Easement is for a bus stop boarding and alighting area along Hooker Highway in front of the new hospital. The Easement area is 10' wide by 60' long and contains 600 square feet. This is a 50 year non-exclusive Easement and is being granted to Palm Beach County at no charge. (PREM) District 6 (JMB)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
9. Staff recommends
motion to receive and file:
A) Notice to exercise the second option to extend the term of the ATM
Operating License Agreement (R2007-2243) dated December 18, 2007, with the PBC
Credit Union for the operation of Automated Teller Machines (ATMs) within the South County Administrative Complex Office of the Tax Collector located at 501
South Congress Avenue, Delray Beach;
B) Notice to exercise the second option to extend the term of the ATM
Operating License Agreement (R2007-2244) dated December 18, 2007, with the PBC
Credit Union for the operation of ATMs within the Downtown West Palm Beach
Office of the Tax Collector located at 301 N. Olive Ave, West Palm Beach;
C) Notice to exercise the second option to extend the term of the ATM
Operating License Agreement (R2007-2245) dated December 18, 2007, with the PBC
Credit Union for the operation of ATMs within the Midwestern Communities Service Center Office of the Tax Collector located at 200
Civic Center Way, Royal Palm Beach; and
D) Notice to exercise the second option to extend the term of the ATM
Operating License Agreement (R2007-2246) dated December 18, 2007, with the PBC
Credit Union for the operation of ATMs within the North County Courthouse Office of the Tax Collector located at 3188 PGA
Blvd., Palm Beach Gardens.
SUMMARY: The PBC Credit Union currently leases ATM space within
four (4) separate branch offices of the Tax Collector of Palm Beach County, for
the operation of ATMs. The
initial term of each ATM Operating License Agreement (Agreement) was for approximately
six (6) months ending on May 31, 2008, with five (5) extension options, each
for a period of one (1) year. The first extension of the Agreements expires on
May 31, 2009 (R2008-1186 through 1189).
This second option extends the term of the Agreements for one (1) year,
from June 1, 2009, through May 31, 2010.
The Agreement authorizes the County Administrator to approve renewals on
behalf of the County. Either party may
terminate this Agreement upon 30 days written notice. There is no annual rent for these
Agreements. (PREM) Districts 1, 6, & 7 (HF)
10. Staff recommends
motion to approve: a Sidewalk
Easement in favor of the City of Lake Worth (City) across vacant County property
located at 725 Latona Avenue, in the City of Lake Worth. SUMMARY: The County owns a .14 acre vacant lot on
Latona Avenue in Lake Worth. The City
requires a sidewalk easement for public access across the County lot to
complete the sidewalk system along Latona Avenue as part of the City’s Osborne
Neighborhood Streetscape Plan. The
Streetscape Plan is a project funded by the County’s Housing and Community
Development, Community Development Block Grant (CDBG) Program and will provide
for the installation of continuous sidewalks on both sides of Latona
Avenue. The Easement is 90’ x 5’ (450
square feet/.01 acres). This is a
perpetual non-exclusive Easement and is being granted to the City at no charge
as it will provide for a public sidewalk.
(PREM) District 7
(JMB)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
11. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in 0.07 acres of surplus property to the Town of Ocean
Ridge, without charge and with a reservation of mineral and petroleum rights,
but without rights of entry and exploration; and
B) approve a County Deed in favor of the Town of Ocean
Ridge.
SUMMARY: The
Town of Ocean Ridge has requested the conveyance of a 0.07 acre parcel of
County-owned surplus property located on Douglas Drive for public
beautification, landscaping, and maintenance purposes. There is no identified County use for this
parcel and, pursuant to F.S. 125.38, the County is authorized to convey
property to a municipality at no charge.
PREM Ordinance 2002-067 requires that when the value of real property,
as determined by the County Property Appraiser, is greater than $25,000 that
one appraisal must be obtained prior to the approval of the sale of the
property by the Board. Although this
parcel has an assessed value of $30,000, Staff recommends that the Board approve
the conveyance to the Town without being appraised for the following
reasons: (i) the assessed value of the
parcel is only $5,000 above the threshold whereby an appraisal is required;
(ii) the conveyance is to the Town at no charge; and (iii) the conveyance is
subject to restrictions, conditions and a reverter in favor of the County. The conveyance to the Town is subject to the
following: (i) the maintenance of
unrestricted public access across the property to the beach; (ii) the property
shall be planted only with native South Florida vegetation; and (iii) no
improvements shall be constructed on the property other than the replacement of
the existing pathway and bench. In the
event the Town violates the restrictions set forth in the County Deed, title to
the property shall automatically revert to the County. The County’s Department
of Environmental Resources Management has reviewed this conveyance and has no
objections. Staff believes that this
parcel will be more appropriately managed and maintained by the Town. The County will retain mineral and petroleum
rights in accordance with F.S. 270.11, without rights of entry and exploration.
(PREM) District 4 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 001 to Agreement (R2008-0871) with the City of Lake Worth, to extend the expiration date from March 31, 2009, to September 30, 2009. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the purchase and delivery of a prefabricated, American with Disabilities Act (ADA) compliant restroom building to be located in Howard Park in the City of Lake Worth. The time extension is requested due to project delays occurring while the City hired staff for project oversight. In the interim, the City has begun the installation of utilities that will be needed for the restrooms. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends motion to approve: Amendment No. 002 to Agreement (R2007-1329) with Oakwood Center of the Palm Beaches, Inc., to extend the expiration date from March 31, 2009, to December 31, 2009. SUMMARY: This Amendment provides an extension of nine (9) months to the term of the existing Agreement to complete the renovation of the heating, ventilation, and air conditioning (HVAC) system at their facility located at 1041 45th Street in the City of West Palm Beach. The work entails replacement equipment from when the building was constructed in the 1970's. Changes to the project and asbestos abatement work plans caused delays. The time extension will allow the work to be bid, work performed, and associated paperwork completed. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
3. 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)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to conceptually approve: the following six (6) Affordable Housing
Projects through the Commission on Affordable Housing’s Multi-Family Rental
Development Program allocating up to $800,000 for the development of up to 627
affordable housing units:
Match
Request
A) Auburn Development, LLC for “Boynton Bay
Towers I” $200,000
(District 5) - 110 units
B) Auburn Development, LLC for “Boynton Bay
Towers II” $200,000
(District 5) – 70 units
C) Dakota Housing, Ltd. for “The Dakota
Apts.” $200,000
(District
1) – 120 units
D) The
Richmon Group of Florida, Inc. for “Colonial Lakes Apts.” $200,000
(District 2) – 120 units
ALTERNATES
E) Madison Terrace, Ltd. for “Madison Terrace
Apts.” $200,000
(District 7) – 112 units
F) HTG Lakeridge Greens, Ltd. “Banyan Station” $200,000
(District 7) – 95 units
SUMMARY: These funding
recommendations represent the required local government match/contribution
necessary to qualify for the Housing Tax Credit Program with the Florida
Housing Finance Corporation (FHFC). The Commission on Affordable Housing
Advisory Committee heard presentations from each developer on April 20, 2009,
and recommended the represented funding allocations. Projects actually
receiving Tax Credits will be brought to the Palm Beach Board of County
Commissioners for final approval of the requested match. The Multi-Family
Rental Development Program provides assistance to developers of affordable
rental housing serving extremely low, very low and low-income households. The
goal of this strategy is to increase the number of affordable rental housing
units available to lower income residents. The Tax Credit Program involves a
competitive process which does not guarantee funding. Although the first four
(4) listed projects (A through D) received the highest scores and rankings, two
(2) alternative projects (E and F) were identified and recommended to receive a
match request in the event one or more of the first four (4) projects are not
funded by the FHFC. If none of these six
(6) projects are selected by the FHFC, the $800,000 in State Housing Initiative
Partnership (SHIP) funding will be returned to the local housing trust for
other eligible SHIP activities. Districts 1, 2, 5 & 7 (TKF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve: a piggyback unit price Contract in the amount of
$600,000 with Miller Pipeline Corporation for rehabilitation of wastewater
gravity pipelines. SUMMARY: The piggyback contract is from
the City of North Miami Beach (Sewer Collection System Rehabilitation Project
No. 2002-14). It includes line items for cleaning and televising, root removal,
joint sealing, point repairs and for furnishing and installation of fold and
form liner for miscellaneous wastewater gravity pipelines. Each Work Authorization for the project will be
issued by the Department Director or his designee. The Small Business
Enterprise (SBE) participation goal established by SBE Ordinance (R2002-0064)
of 15.00% overall does not apply to this Contract. (WUD Project No.
09-047) Countywide (JM)
2. DELETED
3. Staff recommends
motion to approve:
A) a Contract in the amount of $498,027.58 with Sheltra
& Son Construction Co., Inc. to construct a Low Pressure Sewer System
Project; and
B) Change Order No. 1 to
this Contract reducing the amount by $48,231.
SUMMARY: On February 18, 2009, seven (7) construction
bids were received for the Canal Point Sanitary Sewer Extension – Phase I. Sheltra
& Son Construction Co., Inc. was the low bidder in the amount of $498,027.58.
This Contract provides for the construction of a low pressure sewer system
which consists of approximately 5500 linear feet of 2” and 1-1/4” HDPE pipe,
including 17 grinder pump stations to serve commercial and multifamily
properties throughout the Canal Point area. By approving Change Order No. 1,
cost reductions recommended by the contractor can be achieved in the amount of
$48,231. Staff has reviewed the bid and recommends award
to Sheltra & Son Construction
Co., Inc. as the sole responsive and
responsible bidder in the amount of $449,796.58. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is
15.00% overall. This Contract provides for 15.05% SBE participation. (WUD Project No. 06-179) District 6
(MJ)
4. Staff recommends
motion to approve: an Indemnity Agreement with the City
of Greenacres. SUMMARY: The City of Greenacres agrees to indemnify
County and hold the County harmless from and against any and all liability
related to the encroachment of site lighting in an easement containing a County-owned
force main. District 2 (MJ)
5. Staff recommends
motion to approve: Work
Authorization No. 9 in the amount of $700,002 with AKA Services, Inc. (R2008-0769)
for construction of the Hypoluxo Road 12” Force Main Extension (from Military
Trail to E-3 Canal) Project. SUMMARY: On May 6, 2008, the Board awarded the Water Utilities Department
Continuing Construction Contract (R2008-0769) to AKA Services. This Project involves the construction of
approximately 8,100 linear feet of 12” wastewater force main within the right-of-way
of Hypoluxo Road from Military Trail west to the Lake Worth Drainage District
E-3 Canal. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15.00% overall. The contract with AKA Services, Inc. provides for
SBE participation of 15.00% overall.
This Authorization includes 20.28% overall participation. The cumulative SBE
participation, including this Authorization, is 19.35% overall. (WUD Project No. 04-122) District 3
(MJ)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
6. Staff recommends motion to approve: a Wastewater Development Agreement with Lion Country Safari, Inc. (LCS). SUMMARY: While the Water Utilities Department (Department) normally utilizes standard development agreements that are executed at the Department level, nonstandard development agreements are sometimes required to handle special circumstances. Normally, the applicable number of Equivalent Residential Connections (ERCs) is set by the size of the potable water meter(s) used to provide potable water to a property. However, as potable water service is provided to this property by the Seminole Improvement District, this method of ERC calculation is not applicable. The Department and LCS agree to initially set the ERCs for this property at 81.0. The number of ERCs will be recalculated 12 months following service initiation based on actual meter readings, and appropriate adjustments made to the initiation fees. (WUD Project No. 09-520) District 6 (MJ)
7. Staff recommends motion to approve: a Reclaimed Water Service Agreement with Emerald Dunes Golf Course, LLC. SUMMARY: The recent expansion of the Palm Beach County Water Utilities Department’s (Department) reclaimed water system provides the opportunity for existing developments and golf courses to install infrastructure to convey reclaimed water into lakes for subsequent irrigation through the existing irrigation system. The Board of County Commissioners adopted Standard Reclaimed Water Service Agreements (Standard Agreement on November 20, 2007 (3K-3), and permitted execution of Standard Agreements at the Department level. Conditions unique to this property location require modifications to the Standard Agreement. In exchange for required easement(s), the County is agreeing to reimburse out-of-pocket expenses associated with the preparation of the easement up to $5,000. District 2 (MJ)
8. Staff recommends motion to receive and file: four (4) Standard Development Agreements complete with executed documents received during the month of March 2009:
Standard Development Agreements (Potable Water and Wastewater)
A) Ansca Acquisition, LLC (District 5) 03-01029-000
Standard Development Agreements (Reclaimed Water-Lake Discharge)
B) Palm Isles Master Association, Inc (District 5) 05-90020-000
C) Mizner Falls Homeowners Association Inc (District 5) 05-90021-000
D) St. Andrews Country Club, Inc. (District 5) 09-90008-000
SUMMARY: The terms and conditions for Standard Development Agreements are outlined in the Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated the authority to execute various types of Standard Development Agreements to the Department Director including potable water and wastewater agreements (R93-1619); reclaimed water agreements (R96-0228); and additional conditions for potable water, wastewater, and reclaimed water agreements (R2003-0539). After these agreements are executed by the developer and the Department, they must be recorded by the County Clerk’s Office. This agenda item recommends the Board receive and file the agreements so they may be properly recorded. Countywide (SF)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to approve: Termination of Easement, which terminates a 0.99 acre Conservation Easement at the Whiteside Industrial Park based on receipt of a cash buy-out equivalent to the value of the native upland preserve. SUMMARY: The Whiteside Group, Inc. currently owns a 0.99 acre Conservation Easement within the Whiteside Industrial Park for an upland preserve that was executed and recorded as required by a permit condition under Article 14.C, Vegetation Protection and Preservation, of the Unified Land Development Code (ULDC), (Vegetation Permit No. V-290-01). The Whiteside Group, Inc. requests to terminate the existing Conservation Easement and provide a cash payment of $85,000 to the County in lieu of retaining the upland preserve. The ULDC, Article 14.C., allows for a native upland preserve buyout option. The Whiteside group has chosen to exercise this option. Upon approval by the Board of County Commissioners (BCC), the Whiteside Group, Inc. will provide the County with a cash buy-out equivalent to the value of the native upland preserve for the property based upon the submitted January 10, 2009 appraisal. District 6 (SF)
2. Staff recommends
motion to receive and file: Amendment No. 2 to the Interlocal
Agreement with the City of West Palm Beach (City) (R2006-0880) to extend the
completion date for the installation of Pollution Control Devices in the
Lake Worth Lagoon to December
31, 2009. SUMMARY: On
October 17, 2006, the BCC approved a $2,000,000 Amendment No. 1 (R2006-2257) to
the State’s Department of Environmental Protection Grant Agreement No. LP6046
for the Lake Worth Lagoon
Partnership Grant Program.
Construction projects
benefiting Lake Worth Lagoon habitat and water quality will be
administered as subgrants via the Interlocal Agreements with the responsible
municipal entities. The BCC approved the
Interlocal Agreement with the City (R2006-0880) on May 16, 2006, and amended it
on February 6, 2007
(R2007-0169). Delegation of the authority
to amend the Interlocal Agreement was
approved, pursuant to PPM No. CW-O-051, on November 20, 2006. District 7
(SF)
3. Staff recommends motion to approve: Budget Amendment of $200,000 in the Natural Areas Fund to establish revenue budget for the Florida Fish and Wildlife Conservation Commission (FWC) to fund invasive plant removal with Task Assignment No. SE-128 ($200,000) for the Hungryland Slough Natural Area. SUMMARY: Task Assignment No. SE-128 to FWC Contract No. 08157 for $200,000 has been received from FWC, under the Invasive Plant Management Section. The Task Assignment is effective from January 30, 2009 through May 31, 2009, for invasive plant control in the Hungryland Slough Natural Area. This item will establish a budget for the Task Assignment. District 1 (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Interlocal Agreement with the City of Boynton Beach for the period May 5, 2009,
through May 4, 2012, in an amount not-to-exceed $150,000 for funding of the
Congress Avenue Barrier Free Community Park Water Feature. Summary: This Agreement provides funding for the water
feature of the Congress Avenue Barrier Free Community Park being constructed at
3111 South Congress Avenue in Boynton Beach. Funding is from the 2002 $50
Million Recreational and Cultural Facilities Bond referendum, as amended ‑
District 3. District 3 (PK)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve: Agreement
with Aid to Victims of Domestic Abuse, Inc. for the period May 5, 2009, through
May 28, 2009, in an amount not-to-exceed $2,500 for the AVDA 2008 5K Run/Walk
by the Sea. Summary: This funding is to assist with costs for a 5K
run/walk sponsored by Aid to Victims of Domestic Abuse, Inc. (AVDA) on October
11, 2008. The event was held at Anchor
Park in Delray Beach, and attracted approximately 500 participants. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to July 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District
7 (AH)
3. Staff recommends
motion to approve: Agreement
with the City of Lake Worth for the period May 5, 2009, through December 1,
2009, in an amount not-to-exceed $1,080 for the Lake Worth Youth Basketball
Program. Summary: This funding is to offset the cost of program
expenses for Lake Worth’s Youth Basketball Program. The Program serves approximately 150 youth.
The Agreement allows for the reimbursement of eligible project costs incurred
subsequent to March 1, 2009. Funding is from the Recreation Assistance Program
(RAP) District 3 Funds. District 3 (AH)
4. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Boynton Beach Community High School for
the period August 1, 2008, through June 30, 2009, in an amount not-to-exceed
$2,500 for the girls’ basketball team travel expenses. 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)
5. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Olympic Heights Community High School
($5,000), West Boca Community High School ($5,000), and Spanish River Community
High School ($2,500) for the period January 1, 2009, through September 30,
2009, in an amount not-to-exceed $12,500 for funding of Project Graduation
2009. Summary: This fully executed Request for
Funding Form is for School Board RAP allocations made in accordance with the
Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as
amended. Funding is from the Recreation Assistance Program (RAP) District 5
Funds. District 5 (AH)
6. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for JFK Middle
School for the period March 1, 2009, through June 30, 2009, in an amount
not-to-exceed $5,000 for a band trip to Atlanta, Georgia, to perform at Six
Flags. 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)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
7. Staff recommends
motion to:
A) ratify the signature of the
Chairman on an Office of Greenways and Trails, Recreational Trails Program
Grant Application, submitted to Florida Department of Environmental Protection
(FDEP) on March 30, 2009, requesting $250,000 for construction costs associated
with trail development at Riverbend Park;
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 FDEP for this project.
Summary: This Grant Application requests up to $250,000
from the FDEP Office of
Greenways and Trails Recreational Trails Program for construction costs
associated with the development of trails at Riverbend Park. The
total cost of the project is estimated at $300,000. The grant will be matched with $50,000 from
Zone 1 Impact Fees. If awarded, the
Grant Agreement requires the site be dedicated as an outdoor recreation area
for the use and benefit of the general public for a period of 99 years. District
1 (AH)
8. Staff recommends
motion to receive and file: executed Independent Contractor Agreement received
during the month of March: Palm Beach County Officials Association, Inc., Flag
Football, Westgate Park & Recreation Center. Summary:
In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The
Independent Contractor Agreement has been fully executed on behalf of the Board
of County Commissioners (Board) by the County Administrator/Director/Assistant
Director of the Parks and Recreation Department in accordance with Resolution
94-422, amended by Resolutions 02-2103 and 07-0409, and is now being submitted
to the Board to receive and file. District 2 (AH)
9. Staff recommends
motion to approve:
A) termination of the Agreement (R-2008‑0552)
with the City of Boca Raton in an amount not-to-exceed $350,000 from the 2002
Recreation and Cultural Facilities Bond for the purchase of governmental
channel television equipment; and
B) reallocation of the $350,000 to the Boca Raton
CRA and the Mizner Park Cultural Arts Association, Inc. for construction of a
black box theater in the Boca Raton Cultural Center.
Summary: Boca Raton has requested that
this funding Agreement with the County for the purchase of governmental channel
television equipment be terminated due to usage changes of Channel 19 that no
longer allow the City to broadcast on that channel. The City has also requested
that this $350,000 be added to the $1,200,000 currently allocated to the Boca
Raton Cultural Center black box theater project to be constructed at the Boca
Raton Cultural Center at Mizner Park (formerly the Cartoon Museum). The
District 4 Commissioner supports the termination of the Agreement for the
television equipment and the reallocation of these funds to the black box
theater project. District 4 (PK)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
10. Staff recommends
motion to approve: Second Amendment to Contract with Kiril Zahariev (R2007-0703), as amended, in
an amount not-to-exceed $450,000 for the period May 1, 2007, through April 30, 2010,
for USA swimming coaching services at the North County Aquatic Complex. Summary:
For the past five (5) years, Kiril
Zahariev has been the USA swimming coach at North County Aquatic Complex. The current contract expired on April 30,
2009; however, there were two (2) – one (1) year renewal options available
under this contract. This Amendment
exercises the final renewal option with Kiril Zahariev through April 30, 2010,
in an amount not‑to‑exceed $150,000 per year. This Amendment retroactively renews the contract
for the period May 1, 2009,
through April 30, 2010. This is a self sustaining program in which revenues
exceed expenditures, with the County retaining 20% and the contractor receiving
80% of the fees collected. District 1 (AH)
11. Staff recommends
motion to approve:
A) Budget Transfer of $20,000 in the Park
Improvement Fund from John Prince Golf Learning Center to Okeeheelee Golf
Course Greens Renovation;
B) Budget Transfer of $50,000 in the 2003 $25M GO
Parks and Cultural Facilities Bond Fund from Park Ridge Golf Course Maintenance
Facility to Okeeheelee Golf Course Greens Renovation; and
C) Budget Transfer of $20,000 in the 1999 $25M GO
Recreation & Cultural Bond Fund from Park Ridge Golf Course to Okeeheelee
Golf Course Greens Renovation.
SUMMARY: This Budget Transfer from various golf course capital projects will fund
the final phase of the greens renovation project at Okeeheelee Golf
Course. The greens renovation project
was initiated to replace contaminated Bermuda grass greens with a new variety
that will improve playing conditions, lower maintenance costs, and support our
environmental initiatives. District 6 (AH)
12. Staff recommends
motion to:
A) approve the use of County park properties in support
of the Tropic Thunder 2009 World
Championship Invitational Offshore Powerboat Races to be held October 20, 2009,
through October 25, 2009; and
B) authorize the County Administrator or his designee to develop and execute all
necessary permits and forms associated with the use of Park properties for the
Tropic Thunder 2009 World Championship Invitational Offshore Powerboat Races.
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)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve: the Third Amendment to the Interlocal Agreement (R2007-0332) with Florida State
University for a no cost extension from April 22, 2009, to June 22, 2009, to present
the final report on the second year evaluation of the Youth Violence Prevention
Project. SUMMARY:
The Interlocal Agreement expired
on April 22, 2009. This extension at no additional cost to the County will
provide coverage for the Agreement until the final report is received. The extension
is necessary due to presentation of the final report being on April 28, 2009 at
the request of the County. Countywide (DW)
S. FIRE
RESCUE
1. Staff recommends motion to approve: an Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services with the City of Greenacres (City). SUMMARY: In an effort to enhance the provision of fire-rescue services, the Board of County Commissioners authorized the Fire Rescue Department to provide countywide communications services effective June 1, 2005. This Agreement provides for contractual commitment for dispatch services to the City as part of the Countywide Common Dispatch program along with providing the mechanism for implementing mutual assistance/automatic aid (closest unit response). This Agreement further authorizes the parties’ respective Fire Chiefs to enter into Letter(s) of Understanding to develop automatic aid/closest unit response plans and procedures. This Agreement with the City is for a ten (10) year period. District 2 (SB)
X. PUBLIC
SAFETY
1. Staff recommends
motion to:
A) receive and file
an executed Citizen Corps Grant (No. 09-CC-49-10-60-01-294) in the amount of
$5,000 with the Florida Department of Community Affairs for the period of
September 1, 2008, through May 31, 2010; and
B) approve a Budget
Amendment of $5,000 in the Emergency Management Fund to establish revenue and
appropriations budget.
SUMMARY: The
State Department of Community Affairs, Division of Emergency Management has
awarded Palm Beach County Division of Emergency Management a grant to organize
a Citizen Corps Council in Palm Beach County to coordinate the efforts of
volunteer organizations through education, training, and volunteer service to
make communities safer, stronger, and better prepared to respond to the threats
of terrorism, crime, public health issues, and disasters of all kinds. This is the
third year that the County is receiving this grant. Resolution R2006-0401 gave
authority to the County Administrator or his designee, to execute these
agreements on behalf of the Board. No County match is required. Countywide
(GB)
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
BB. internal
auditor
1. Staff recommends
motion to approve:
A) Amendment No. 5 to the Contract (R2004-1796) with Joseph Bergeron, Internal Auditor; extending said Contract for one (1) additional year ending on August 16, 2012; and
B) recommendations of the Audit Committee for salary adjustment for the period August 17, 2009, through August 16, 2010.
SUMMARY: The Audit Committee, at
its March 11, 2009 meeting,
unanimously approved recommending a 2.5% salary adjustment, the same percentage
increase provided to other County employees for FY 2009 and
a one (1) year extension of the Internal Auditor’s Contract. The Audit Committee’s recommendations result
in a salary of $146,008 and a contract expiration date of August 16, 2012. This item is presented to the Board at this
time to comply with the 90-day notice requirement of the contract. Countywide (PFK)
CC. SHERIFF
1. Staff recommends
motion to approve: a Budget Transfer of $204,811 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
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 is $160,462.
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 $717,632. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $512,821. 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)
Organization Amount
A Child is
Missing, Inc. $ 5,000
Alzheimer’s
Community Care $ 10,000
Children’s
Case Management Organization, Inc. $ 15,000
Faith Hope
Love Charity, Inc. $ 20,000
Florida
Sheriff’s Youth Ranches, Inc. $ 98,811
Inner City
Youth Golfers’, Inc. $
25,000
Junior
Achievement of the Palm Beaches, Inc. $
25,000
Palm Beach
County Coalition for Children, Inc. $ 2,500
Palm Beach
County Crime Prevention Officers Association, Inc. $ 1,000
Safety
Council of Palm Beach County, Inc. $ 2,500
Total Amount of Donations $204,811
MAY 5, 2009
3. CONSENT
AGENDA APPROVAL
DD. MEDICAL EXAMINER
1. Staff recommends
motion to receive and file: three (3) original standard Interim Associate Medical Examiner
Agreements for the Medical Examiner’s Office with the following pathologists:
A) Mark Shuman, M.D. for the period May 1,
2009, through October 30, 2009;
B) Linda R. O’Neil, M.D. for the period May 1,
2009, through October 30, 2009; and
C) Jennifer Park, M.D. for the period May 1,
2009, through October 30, 2009.
SUMMARY: Pursuant to Medical Examiner Ordinance No. 2008-041, Section 4.C., the
Medical Examiner may appointment Associate Medical Examiners as are reasonably
necessarily to fulfill the duties set forth herein. The County may permit the Medical Examiner to
employ, contract or agree independently with each Associate Medical Examiner
and be responsible for their remuneration. Pursuant to Resolution R2001-0118,
the Medical Examiner may enter into Interim Associate agreements for a term of
no more than six (6) consecutive months and the County Administrator has the
authority to approve these agreements on behalf of the Board of County
Commissioners. Countywide (DW)
* * * * * * * * * * * *
MAY 5, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Certificate
of Appreciation to Mr. John Flanigan for 20 years of distinguished and devoted
service to Palm Beach County as an original member of the Groundwater and
Natural Resources Protection Board.
(Sponsored by Commissioner Marcus)
B. Certificate
of Appreciation to Christina Orr Cahall for 19 years of exceptional service and
success as Director and CEO of the Norton Museum of Art. (Sponsored by Commissioner Koons)
C. Proclamation
declaring June 19, 2009 as “City of Atlantis Day” in Palm Beach County. (Sponsored by Commissioner Vana)
D. Proclamation
declaring May 4 – 10, 2009 as “National Goodwill Week” in Palm Beach
County. (Sponsored by Commissioner
Abrams)
E. Proclamation
declaring May 2009 as “Workforce Development Professionals Month” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
F. Proclamation
declaring May 16 – 22, 2009 as “Safe Boating Week” in Palm Beach County. (Sponsored by Commissioner Marcus)
G. Proclamation
declaring May 17 – 23, 2009 as “Emergency Medical Services Week” in Palm Beach
County. (Sponsored by Commissioner
Koons)
H. Proclamation
declaring May 2009 as “Clean Air Month” in Palm Beach County. (Sponsored by Commissioner Abrams)
I. Proclamation
declaring May 9, 2009 as “Palm Beach Spring Awareness for Music Education Day
led by Young Singers of the Palm Beaches “Thank You for the Music” Spring
Concert” in Palm Beach County.
(Sponsored by Commissioner Aaronson)
J. Proclamation
declaring May 2009 as “Better Hearing and Speech Month” in Palm Beach
County. (Sponsored by Commissioner
Aaronson)
* * * * * * * * * * * *
MAY 5, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
TIME
CERTAIN 11:30 A.M.
CLOSED
SESSION
1. Executive
Session will be held in the McEaddy Conference Room (12th Floor)
pursuant to Chapter 447, Florida Statutes, to discuss the negotiations with the
Communications Workers of America and Amalgamated Transit Union.
B. CLERK & COMPTROLLER
1. Staff recommends motion to approve: a Budget Transfer of $170,314 from the General Fund Contingency Reserve to supplement the 2009 Value Adjustment Board budget. SUMMARY: The 2009 Value Adjustment Board season set a new record in terms of the number of individuals filing petitions – 13,200. This was an increase of 1,875 from the year before, which was also a record-breaking year. With this increase in filed petitions, corresponding costs also went up. The Palm Beach County Value Adjustment Board requires $170,314 to supplement its current budget in order to meet operating cost projections for the remainder of the fiscal year. The Board of County Commissioners will be reimbursed 40% of these funds by the School Board of Palm Beach County as mandated by State Statute. Countywide (PK)
C. COUNTY ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on May 19, 2009 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code,
Section 6-21 through 6-23, codifying Palm Beach County Ordinance No. 95-51,
pertaining to certain vessels in the Loxahatchee River, to include certain
vessels in Little Lake Worth; amending Section 6-21, Declaration of Legislative
Intent; amending Section 6-22, Definitions; amending Section 6-23,
Prohibitions; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for enforcement; providing for penalty; providing for captions; and
providing for an effective date. SUMMARY: Residents of Palm Beach County have
raised health, safety, and other concerns with regard to people living in boats
in the Little Lake Worth area of the Lake Worth Lagoon. Accordingly, the Board of County
Commissioners directed staff to draft an amendment to Ordinance 95-51 to
prohibit the use of boats as living quarters and restricting commercial
activity on boats in Little Lake Worth. Countywide (SF)
MAY 5, 2009
5. REGULAR
AGENDA
D. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to:
A) approve the 10th Amendment to the FY 2008-2009
Action Plan;
B) adopt a Resolution authorizing the County
Administrator or his designee to sign the Amendment to the FY 2008-2009 Annual
Action Plan, Standard Form 424, General Consolidated Plan certificates, Homeless
Prevention and Rapid Re-Housing Program (HPRP) Certifications, HUD Grant
Agreement, Sub-grantee Agreements, and all other related HPRP documents; and
C) approve the Community Services Department to
administer the County’s HPRP Program.
SUMMARY:
Palm
Beach County was allocated $2,823,871 in HPRP funding under the Federal
Stimulus Plan. In order to access these
funds, Palm Beach County is required to amend its FY 2008-2009 Action Plan and
submit the amendment to HUD on or before May 18, 2009. The Amendment constitutes the County’s application
for use of these funds. The proposed 10th Amendment allocates the HPRP funds
for the following activities: a) $1,826,200 to provide Housing Relocation and
Stabilization; b) $800,000 for Homeless Prevention Services; c) $56,477 for
data collection and evaluation; and d) $141,194 for administrative cost. The
Family Empowerment Coalition (FEC) will coordinate the Housing Relocation and
Stabilization component. The FEC is a
non-profit agency that coordinates services and funding for multiple homeless
service providers throughout the County. The FEC will expand their membership
to ensure services to all homeless individuals and families. The fiscal agent
for the FEC is Adopt-A-Family of the Palm Beaches. Palm Beach County’s Community Services has
been recommended to utilize HPRP dollars to augment its existing Homeless
Prevention program. HPRP’s record
keeping and reporting must use HUD’s
Homeless Management Information System (HMIS) software, which currently is
operated by 211 Palm Beach Treasure Coast.
HUD expects to execute the grant agreement by September 1, 2009 and Palm
Beach County must obligate all HPRP funds by September 30, 2009. In order to meet HUD’s stringent deadlines
the County Administrator or his designee is being asked to sign the Amendment
and execute all related contracts and documents. These are Federal funds that require no local
match. Countywide (TKF)
E. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
May 19, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Chapter 14, Article 1, Division 3, Sections 14-31 and 14-32 of the Palm
Beach County Code; providing for general requirements; providing for securing
of vacant structures and limiting the height of overgrowth on developed
property; providing for applicability; providing for a savings clause;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in Code of Laws and Ordinances; and providing for an effective
date. SUMMARY: The Ordinance amends
the Property Maintenance Code to provide for the option of a vacant structure
being secured by boarding up in those instances where repeated vandalism occurs
or there is evidence of unauthorized access. It also amends the section
addressing maintenance of exterior property areas, i.e. overgrowth, to be consistent
with the provisions set forth in the lot clearing section of the Code which
prohibits overgrowth of more than seven (7) inches on developed lots. Countywide
(GB)
MAY 5, 2009
5. REGULAR
AGENDA
F. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution supplementing Resolution R84-1206 of the
County, as amended and supplemented, authorizing the issuance, in one or more
series of the County’s Water and Sewer Revenue Bonds (FP&L Reclaimed Water
Project) in an aggregate principal amount of not exceeding $90,000,000 (the
Bonds) to finance the cost of acquisition, construction and installation of
additions, extensions and improvements to the County’s existing water and sewer
system; providing for the payment of such Bonds from net revenues of the County
water and sewer system and connection charges on a parity with certain
outstanding water and sewer obligations of the County; appointing a paying
agent and registrar; approving the form of and authorizing the execution and
delivery of a bond purchase agreement and providing a method for determining
the terms of such Bonds and for awarding the sale of such Bonds to the
underwriters identified herein and making certain findings in connection
therewith; approving the form of a preliminary official statement and
authorizing its use in the marketing of the Bonds; authorizing the execution
and delivery of an official statement to be used in connection with the sale of
the Bonds; approving the form of and authorizing the execution and delivery of
a registrar and paying agent agreement in connection therewith; providing for
certain continuing disclosure obligations consistent with Rule 15c2-12 of the
Securities and Exchange Commission; providing certain other details with
respect to the Bonds; and providing an
effective date. SUMMARY: On November 18, 2008, the Board conducted a
TEFRA public hearing and adopted a reimbursement resolution (R2008-2153) for certain
capital expenditures incurred by the County and FP&L prior to the sale of
the Bonds. On April 8, 2009, the County
received the remaining allocation for Private Activity Bonds from the Florida
First Business allocation pool and is now in a position to move forward with
the issuance of the Bonds. Pursuant to
the Reclaimed Water Agreement, FP&L is obligated to pay the debt service on
the Bonds. The County has scheduled the
sale of the Bonds in July. Countywide
(PFK)
MAY 5, 2009
5. REGULAR
AGENDA
G. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve:
A) Palm Beach County’s electronic submittal
and approval of the FY 2009 Recovery Act Edward Byrne Memorial Justice
Assistance Grant (JAG) Formula Program: Local Solicitation Application,
previously called the Local Law Enforcement Block Grant (LLEBG), for the period
October 1, 2008, to September 30, 2012, totaling $1,246,822 in Federal funds;
and
B) Authorization for the County Administrator or his designee to
execute electronically all related documents for Palm Beach County’s FY 2009
JAG and to execute all necessary forms and documents as required by the U.S.
Department of Justice, Office of Justice Programs.
SUMMARY: Palm Beach County is eligible to receive a
direct award of $1,246,822 for the following nine (9) proposals: 1) the State
Attorney’s Office for $60,000 for the Community-Based Anti-Crime Unit (COMBAT);
2) the Public Defender’s Office for $34,140 for the Ex-Offender Re-Entry
Program; 3) the Fifteenth Judicial Circuit, Court Administration for $64,000
for a Court Analyst; 4) the Fifteenth Judicial Circuit, Court Administration for
$54,271 for a County Court Criminal Case Manager; 5) the Fifteenth Judicial
Circuit, Court Administration for $55,000 for a Juvenile Court Case Advisor; 6)
Palm Beach County Public Safety Department for $163,000 for Adult Pre-Trial
Drug Court; 7) the Public Defender’s
Office for $58,000 for a Countywide Re-entry Coordinator; 8) the Palm Beach
County Justice Services Division for $53,000 for a Court Program Specialist
position, and Pre-Trial Services Program expansion; and 9) the Palm Beach
County Sheriff’s Office for $82,000 for the Strategically Targeting Online
Predators (STOP) Program. The proposals above total $623,411 and are planned to
be funded for two (2) years. The one (1)
grant-funded County position in the proposals above will be eliminated at the
expiration of the grant period. There is no requirement for match with the JAG
funds. Countywide (DW)
* * * * * * * * * * * *
MAY 5, 2009
6. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Homeless Advisory Board)
1. Staff recommends
motion to approve: appointment
of the following community and business representative to the Homeless Advisory Board effective May 5,
2009, filling an unexpired term ending November 5, 2009, and a full two
(2) year term, ending November 5, 2011:
Seat No. Appointment Member
Category
36 Rev.
Dr. Gary Leopard General
Representative
Summary: On May 1, 2007, the Board of County
Commissioners approved a resolution establishing the Homeless Advisory
Board. The Advisory Board consists of 16 core members who are principally
elected officials or agency heads (or their designees) and 20 community and
business members. The community and
business member seats are broken down as follows: seven (7) business
representatives; three (3) private foundation representatives; four (4)
formerly homeless representatives; one (1) faith based community
representative; one (1) philanthropist; one (1) housing authority
representative; one (1) hospital executive officer: and two (2) general
members. In accordance with the
establishing resolution, the community and business representatives to this
advisory board are nominated by the core members. The Rev. Dr. Leopard will complete the term
of the seat vacated by Rev. Andrew Sherman.
This nomination was approved by the core members on February 18, 2009.
(Human Services) Countywide (TKF)
(Head Start/Early Head Start Policy
Council)
2. Staff recommends
motion to approve: appointment of the following Parent Representatives
to the Head Start/Early Head Start Policy Council for a term of three (3) years
or less, as indicated on the Board Appointment Information Form, effective May
5, 2009:
PARENT REPRESENTATIVE AND ALTERNATE(S) BY CENTER
(R) = Representative (A) = Alternate
Seat ID South Bay-HS Seat ID Pahokee
12 Kenyea Glaze (R) 15 Debra
Jones (R)
Seat ID A Step Above Seat ID Emmanuel EHS
27 Hudson Lafaille (A) 28 Tiffany
Hodges Nicole (R)
Summary: The
term of appointment for parent representatives and alternates to the Head
Start/Early Head Start (HS/EHS) Policy Council is no more than three (3) years,
and requires that the parent representative/alternate be a parent of a child
enrolled in the HS/EHS program. The
Council is comprised of 33 members, of which nine (9) must be representatives
of the community. The remaining
membership is comprised of parents whose children are actively enrolled in the
HS/EHS program. The HS/EHS Policy Council has recommended these individuals for
appointment. (Head Start) Countywide
(TKF)
MAY 5, 2009
6. BOARD
APPOINTMENTS
B. PALM
TRAN
(Palm
Tran Service Board)
1. Staff recommends
motion to approve: reappointment
of three (3) at-large members from the following categories to the Palm Tran
Service Board:
Category &
Nominee Seat Number Term to Expire Nominated By
Jayne King Representative
with 5/06/2011 Comm. Koons Multi-cultural
Experience Comm.
Marcus
Seat
No. 6 Comm. Vana
Comm. Aaronson
Frank
Stanzione Fixed Route Bus
Operator 5/06/2011 Comm. Koons
Seat No. 10 Comm. Marcus
Comm.
Vana Comm. Aaronson
Dave Evans Certified
Paratransit User 06/18/2011 Comm.
Koons
Seat
No. 8 Comm. Marcus
Comm. Vana Comm. Abrams
Comm.
Aaronson
Summary:
The
Palm Tran Service Board was established December 18, 2001 (R2001-2241), as
amended April 2, 2002 (R2002-0485), and is currently comprised of 13 at-large
voting members from 11 categories appointed by the Palm Beach County Board of
County Commissioners. Members may serve two (2) year terms with no limit on
reappointments. The above incumbents of Seats 6, 8, and 10, are members in good
standing and have indicated their desire to continue to serve subsequent terms.
A memo dated March 2, 2009, was circulated to the Board of County Commissioners
along with the Board Appointment Nomination Forms. Countywide (DR)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 5, 2009
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MAY 5, 2009
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 5, 2009
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER
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."
May 5, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MAY 5, 2009
PAGE ITEM
10 3E-4 DELETED: Staff recommends motion to approve: contracts with listed provider
agencies for the period March 1, 2009, through February 28, 2010, totaling $2,793,162
for Ryan White Part A HIV Emergency Relief Formula
funds:…(Community Services) (Further staff review)
13 3G-1 DELETED: Staff recommends motion to: A) adopt a Resolution awarding the sale of the Palm
Beach County’s Public Improvement Revenue Bonds (Four Points and Other Public
Buildings Project)….(OFMB) (Further staff review)
13 3H-1 DELETED: Staff recommends motion to approve: Amendment No. 2 to the Contract with
Hedrick Brothers Construction (R2007-1056 1506) in the amount of
$3,962,852 for construction management services and site improvements for the Palm
Beach County Sheriff’s Office (PBSO) Training Center located at Cherry Road.
(FDO) (Further staff review)
22 3L-1 DELETED: Staff recommends motion to approve: Termination of Easement, which terminates a
0.99 acre Conservation Easement at the Whiteside Industrial Park based on
receipt of a cash buy-out equivalent to the value of the native upland
preserve. (ERM) (Contract Issue)
25 3M-12* REVISED
TITLE & SUMMARY: Staff recommends motion to:
A) approve
the use of County park
properties in support of the Tropic
Thunder 2009 World Championship Invitational Offshore Powerboat Races to be held
October 20, 2009, through October 25, 2009, subject to the satisfaction of
the rules and regulations of the Parks and Recreation Department and the
issuance of a permit pursuant to Section 21-37 of the Palm Beach County Parks
and Recreation Ordinance.; and
B) authorize the County Administrator or his designee to develop and execute all necessary
permits and forms associated with the use of Park properties for the Tropic
Thunder 2009 World Championship Invitational Offshore Powerboat Races.
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
Commissioners 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. The permit will be scheduled for BCC approval at a
later date. (Parks)
29 4K ADD-ON: Proclamation
declaring May 2009 as “Haitian Heritage Month” in Palm Beach County. (Sponsored by Commissioner Vana)
29 4L ADD-ON: Proclamation
declaring May 2009 as “Mental Health Month” in Palm Beach County. (Sponsored by Commissioner Santamaria)
38 9B-1 ADD-ON: Proclamation
declaring May 11 – 15, 2009 as “Community Action Week” in Palm Beach
County. (Sponsored by Commissioner
Koons)
38 9B-2 ADD-ON: Proclamation
declaring May 10, 2009 as “World Lupus Day” in Palm Beach County. (Sponsored by Commissioner Koons)
38 9D ADD-ON: Proclamation
declaring May 2009 as “Meet the Blind Month” in Palm Beach County. (Sponsored by Commissioner Abrams)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).