ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 19, 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 - 29)
4. PUBLIC HEARINGS - 9:30
A.M. (Page 30)
5. REGULAR
AGENDA (Pages 31 - 37)
TIME
CERTAIN 10:00 A.M. (County Comprehensive Annual Financial Report) (Page 33)
6. BOARD
APPOINTMENTS (Pages 38 - 40)
7. STAFF
COMMENTS (Page 41)
8. COMMISSIONER
COMMENTS (Page 42)
9. ADJOURNMENT (Page 42)
* * * * * * * * * * *
MAY 19, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions from two (2) municipalities
regarding commuter rail and discretionary sale surtaxes
3A-2 Appointment of five (5) representatives to
Comprehensive Economic Development Strategy Committee
3A-3 Resolution
amending Green Task Force sunset date
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Contract with Hardrives regarding
construction of Seminole-Pratt Whitney Road
3C-2 Supplemental Agreement No. 6 with Wantman
Group regarding Jog Road/Donald Ross Road improvements
3C-3 Modification
No. 2 with FEMA regarding windows on six (6) County bascule bridges
Page 9
3C-4 Renewal
of two (2) Traffic Signal Design Services annual agreements
3C-5 Deleted
3C-6 Joint Participation and Project Funding
Agreement with Loxahatchee River District for utility construction on Alternate
A-1-A
3C-7 Interlocal Agreement with Village of Palm
Springs regarding open cuts on County maintained roadways
3C-8 Resolution
redesignating land as right-of-way at NE corner of Gun Club Rd/Military Trail
3C-9 Local
Agency Planning Agreement with FDOT for widening of Congress Avenue
3C-10 Amendment No. 1 with FDOT regarding Lyons Road improvements
Page 10
3C-11 Resolution vacating a ten foot utility easement
for right turn lane for Hagen Road Elementary School
3C-12 Joint Participation Agreement with FDOT
regarding Traffic Management Center
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 10
3E-1 Contract
with Audrey Greenwald for speech and language services to Head Start children
3E-2 Budget
Amendment regarding Human Services Emergency Food and Shelter budget
Page 11
3E-3 Contract
with Oakwood Center of the Palm Beaches for 15 permanent housing beds
3E-4 Amendment
No. 3 with Center for Family Services regarding Traveler’s Aid Program
Page 12
3E-5 Ryan
White Part A HIV Emergency Relief Formula contracts for various agencies
3E-6 Amendment
No. 1 with Comprehensive AIDS Program regarding Medical Case Management
3E-7 Amendment
No. 1 with Health Care District regarding Local Supplemental Drug Program
F. AIRPORTS
Page 13
3F-1 Amendment
No. 6 with The LPA Group regarding Airports Capital Improvement Program
3F-2 Receive
and file four (4) standard agreements for Department of Airports
Page 14
3F-3 Agreement
for Purchase and Sale for property located west of Runway 9L at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
MAY 19, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 JOC Work Order No. 09-078 with Holt
Contractors for site improvements to Four Squares (Mecca Farms) property
3H-2 Amendment
No. 2 with Hedrick Brothers Construction for PBSO Training Center
Page 15
3H-3 Interlocal
Agreement with Town of South Palm Beach for radio maintenance services
3H-4 Amendment
No. 3 with Hedrick Brothers Construction for Four Points renovations
I. HOUSING & COMMUNITY DEVELOPMENT
Page 15
3I-1 Agreement
with Town of Jupiter for decorative street lighting in Pine Gardens North
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 16
3K-1 Interlocal Agreement with Town of Mangonia
Park for construction of Master Pump Station No. 1 emergency generator
3K-2 Contract with EAU Gallie Electric for Town
of Mangonia Park Master Pump Station No. 1 generator installation
3K-3 Partial
release of utility easement on land owned by Florida Auto Auction of Orlando,
Inc.
3K-4 Access
Easement from Jimbo Corporation to access certain utility facilities
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Agreement
for Purchase and Sale of 2.73 acres of land near Cypress Creek Natural Area
3L-2 Grant Application through FIND Waterways
Assistance Program for South Cove Restoration project
Page 18
3L-3 Second Amendment with City of West Palm
Beach and SFWMD for C-51 Canal Sediment Management project
3L-4 Grant Agreement with Caribbean Conservation
Corp. regarding sea turtle educational materials
Page 19
3L-5 Contract with SFWMD regarding Delaware Scrub
Restoration Phase II project
3L-6 Contract with FAU for digitizing and
analyzing nearshore coastal aerials
Page 20
3L-7 Receive and file Task Assignments from FWC
for Loxahatchee Slough Natural Area
3L-8 Grant Agreement with FWC for construction of
artificial reef
Page 21
3L-9 Joint Participation Agreement with FDOT
regarding seagrass and mangrove mitigation project at Snook Islands Natural
Area
Page 22
3L-10 County deed in favor of Town of Jupiter
regarding parcel of submerged land near Jupiter Ridge Natural Area
M. PARKS & RECREATION
Page 22
3M-1 Agreement
with Teen Temps, Inc. for Palm Beach Panthers basketball program
Page 23
3M-2 First
Amendment with Community Resource Center of Coleman Park for variety shows
3M-3 Agreement with Ruth Rales Jewish Family
Service for Diamond Club Senior Recreational Program
3M-4 Interlocal Agreement with Town of Lake Clarke
Shores for Lake Clarke Shores Community Park improvements
3M-5 Agreement
with Palm Beach County Cultural Council for centennial bell project
MAY 19, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 24
3M-6 Agreement with Jewish Federation of South
Palm Beach County for 2009 Israel Independence Day celebration
3M-7 Receive
and file one (1) Independent Contractor Agreement
3M-8 First
Amendment with 3D Diving, Inc. for USA Diving Program services
3M-9 Interlocal
Agreement with Village of Wellington for funding of an amphitheater
Page 25
3M-10 FIND Waterways Assistance Program grant for
DuBois Park Marina and Shoreline Stabilization project
N. LIBRARY
Page 25
3N-1 Literacy Coalition of Palm Beach County
AmeriCorps Site Application for Literacy*AmeriCorps PBC Program
P. COOPERATIVE EXTENSION SERVICE
Page 26
3P-1 Agriculture Land Management Interlocal
Agreement with Palm Beach Soil and Water Conservation District regarding
management of property within Ag Reserve
Q. CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Palm Beach County Criminal Justice, Mental
Health and Substance Abuse Reinvestment Act grant final financial report
3Q-2 Palm Beach County Criminal Justice, Mental
Health and Substance Abuse Reinvestment Act Strategic Plan
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 27
3S-1 Grant Application to U.S. Department of
Homeland Security for 2009 Assistance to Firefighters Grant Program
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 27
3AA-1 Amendments to Standard Coordination/Operator Contracts
Page 28
3AA-2 Agreement with Village of Wellington regarding Park and Ride lot
MAY 19, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB. SHERIFF
Page 28
3BB-1 Grant Adjustment Notice extending Terrorism
Prevention Program Grant
3BB-2 Grant Adjustment Notice extending 2008 Paul Coverdell National
Forensic Sciences Improvement Grant
CC. FIFTHEEN JUDICIAL CIRCUIT
Page 29
3CC-1 Budget Amendment to recognize revenue from Process Server
Program
DD.
TOURIST DEVELOPMENT COUNCIL
Page 29
3DD-1 Resolution authorizing tourist development tax revenues
for Super Bowl 2010 expenses
PUBLIC HEARINGS - 9:30 A.M.
Page 30
4A Ordinance amending Palm Beach County Code
(vessels in Loxahatchee River and Little Lake Lagoon)
4B Ordinance
amending Palm Beach County Code (Property Maintenance Code)
4C Remedial
Plan Amendment Ordinance (University Drive Comprehensive Plan Amendment)
REGULAR AGENDA
ADMINISTRATION
Page 31
5A-1 Resolution supporting CSL Plasma, Inc. for
Florida Qualified Target Industry Tax Refund Program
5A-2 Universal
health insurance coverage
Page 32
5A-3 Voter
Equipment Center replacement
AIRPORTS
Page 33
5B-1 Invitation
to Bid for Runway 13-31 rehabilitation at PBIA
CLERK
& COMPTROLLER
Page 33
5C-1 Presentation
of Comprehensive Annual Financial Report – TIME
CERTAIN 10:00 A.M.
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 34
5D-1 Resolution authorizing County to obtain line
of credit to satisfy the debt service of seven (7) outstanding bond issues
5D-2 Resolution
negotiating a $16.5M Sunshine State Governmental Financing Commission loan
Page 35
5D-3 Budget
Transfer to Belle Glade Youth Empowerment Center
ENGINEERING
& PUBLIC WORKS
Page 35
5E-1 Land
Development schedule of user fees
MAY 19, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
PARKS
& RECREATION
Page 36
5F-1 Proposed
District 7 Recreation Assistance Program allocations
TOURIST
DEVELOPMENT COUNCIL
Page 37
5G-1 Reallocation of $3M of TDC – 1st
Cent Tourism Local Option Tax Fund to support marketing stimulus campaign
5G-2 Tourist
Development Ordinance
BOARD
APPOINTMENTS (Pages 38 - 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 11-09 of the Village Council of the Village of Tequesta, Florida, to support a dedicated funding source for commuter rail services; and
B) Resolution R2009-27 of the Village Council of the Village of Wellington, Florida, endorsing Senate Bill 1000/House Bill 365 entitled an act relating to discretionary sales surtaxes and offsetting the ad valorem property taxes.
2. Staff recommends
motion to approve: the appointment of the following five (5)
representatives to the Comprehensive Economic Development Strategy (CEDS)
Committee for a one (1) year term:
Laurence Davenport, Exec. Director/CEO, Business Loan Fund of the Palm
Beaches
Paul Skyers, Executive Director, Palm Beach County Resource Center, Inc.
Kelly Smallridge, President, Business Development Board of Palm Beach County,
Inc.
Seabron A. Smith, Executive Director, Business Incubators
W. Richard Staudinger, P.E., Florida Engineering Society
SUMMARY: The
Treasure Coast Regional Planning Council (TCRPC) manages and maintains the
on-going Comprehensive Economic Development Strategy (CEDS) which describes the
economic conditions of the region and identifies programs and projects that
will be undertaken to improve the area’s economy. The CEDS Plan is a requirement of the U.S.
Department of Commerce Economic Development Administration. The CEDS Committee consists of five (5)
appointees from each of the participating counties: Palm Beach, Martin, St.
Lucie and Indian River. Every year the
TCRPC will require the appointing authority to review its existing members and
either appoint or reappoint members to the CEDS Committee. Countywide
(DW)
3. Staff recommends
motion to adopt: Resolution amending Resolution R2008-1007
reauthorizing the Palm Beach County Green Task Force on Environmental
Sustainability and Conservation for a 60-day period to allow additional time to
complete and present the Task Force Final Report. SUMMARY: This action
extends the term of the Task Force to ensure that the Task Force has adequate
time to finalize their recommendations and present a final report to the Board
of County Commissioners at an upcoming meeting.
Without this action, the Task Force will sunset on June 2, 2009. Countywide
(GB)
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
Joint
School Board/League of Cities January
28, 2009
Regular March
17, 2009
Workshop March
24, 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 19, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Contract with Hardrives, Inc., (Hardrives), the lowest responsive, responsible bidder in the amount of $1,864,859.45 for the construction of Seminole Pratt Whitney Road Phase 1, from S.R. 80 to South of Okeechobee Boulevard, to perform clearing and grubbing and drainage improvements (Project); and
B) a Budget Amendment of $1,480 in the Road Impact Fee Fund-Zone 3 to recognize reimbursement funding from AT&T for reimbursable utility work and appropriate it to Seminole Pratt Whitney Road Phase 1, from S.R. 80 to South of Okeechobee Boulevard.
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 Hardrives is 15.31%. The time limit for the completion of all work under this contract shall be no more than 240 calendar days. Approval of this Budget Amendment will recognize reimbursement funding from AT&T for reimbursable utility work and appropriate it to the Project account. Following this Project, the utilities will be relocated from the east side to the west side. When that is completed, Palm Beach County will bid out the actual road construction, widening from two (2) to four (4) lanes. District 6 (MRE)
2. Staff recommends motion to approve: Supplemental Agreement No. 6 to Project Number 2003513 under Agreement R2004-0428 in the amount of $63,849.25 with Wantman Group, Inc., for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the services necessary for the preparation of revised design plans and construction bid documents for Jog Road/Donald Ross Road from Hood Road to 64th Drive North. District 1 (PK)
3. Staff recommends
motion to approve:
A) Modification Number Two to the original Project Agreement, R2006-1058 with the Federal Emergency Management Agency (FEMA) through the Department of Community Affairs (DCA) which provides funding of up to 75% of the total cost of replacement of single strength, single hung windows with storm impact resistant single hung windows on six (6) County-owned bascule bridges; and
B) a Budget Amendment of $36,782 in the County Transportation Fund to recognize up to 75% reimbursement of the estimated cost of storm impact windows to six (6) bridge houses from FEMA and appropriate it to Bridge Improvement/Major Repairs.
SUMMARY: Approval of this Modification with the DCA will reinstate and extend the Agreement from December 30, 2008 to June 30, 2009 so that the scope of work as set forth in Modification No.1 of the original Agreement can be completed by Palm Beach County. This Modification would also increase the 75% reimbursable amount from $93,296 to $125,725 plus $4,353 administrative costs for a total of $130,078 for the cost to complete the much needed window replacement project and delete the Linton Boulevard Bascule Bridge from consideration. Districts 1 & 4 (MRE)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve: the renewal
of the Traffic Signal Design Services Annual Agreements with Arcadis U.S. Inc.,
whose original Agreement was dated September 9, 2008 (R2008-1414), and Progressive
Design & Engineering, Inc., whose original Agreement was dated July 22,
2008 (R2008-1280). SUMMARY: Approval of these Renewal Agreements will
extend for one (1) year required professional services on a task order basis. Countywide
(PK)
5. DELETED
6. Staff recommends
motion to approve: a Joint Participation and Project Funding Agreement
with the Loxahatchee River District (District) in the amount of $ 24,720 for
utility construction on Alternate A1A (SR 811) from Frederick Small Road to
Center Street. SUMMARY: Approval
of this Agreement will allow Palm Beach County (County) and the District
to jointly participate in the utility adjustments to the sewage transmission
system and other improvements along the right-of-way. The District agrees to
reimburse the County for the cost of these utility adjustments and other
improvements. District 1 (MRE)
7. Staff recommends
motion to approve: an Interlocal Agreement with the Village of Palm
Springs (Village) regarding open cuts in County maintained roadways. SUMMARY: The Village has agreed to follow the policies
and procedures set forth by the County regarding open cuts in County roads;
however, the Village is requesting that it not be required to provide surety
bonds for the open cuts, as required by County Policy, but instead will be
bound by the terms and conditions of this Interlocal Agreement. District 3 (RPB)
8. Staff recommends motion to adopt: a Resolution re-designating a parcel of Palm Beach County-owned land at the northeast corner of Gun Club Road and Military Trail as road right-of-way. SUMMARY: This action will allow the Property and Real Estate Management Division (PREM) to satisfy the Engineering Department’s requirements for expanded intersections, requiring PREM to dedicate land to be used as right-of-way for Gun Club Road. District 2 (PK)
9. Staff recommends
motion to adopt: a Resolution approving a Local Agency
Program Agreement with the State of Florida Department of Transportation in the
amount of $8,147,680 for widening Congress Avenue from Lantana Road to South of
Melaleuca Lane (Project). SUMMARY: Approval
of this Agreement will grant
Palm Beach County $8,147,680 in construction funding for the Project. District 3 
(MRE)
10. Staff recommends
motion to adopt: a Resolution approving Amendment Number One
to the County Incentive Grant Program (CIGP) Agreement (R2007-0255) with the
State of Florida Department of Transportation, in the amount of $2,850,000 for
Lyons Road from north of Atlantic Avenue to south of Boynton Beach Boulevard
project. SUMMARY: Approval of Amendment Number One to
the CIGP Agreement will grant Palm Beach County an extension to the
contract. The original agreement expires
on June 30, 2009. Approval of Amendment
Number One will extend the expiration date to December 31, 2009. District 5 (MRE)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends motion to adopt: a Resolution vacating a portion of a ten foot wide utility easement within Tract SS, Mini Assemblage Planned Unit Development, Plat Eight, as recorded in Plat Book 110, Pages 9-13, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located on the west side of Hagen Ranch Road and south of Boynton Beach Boulevard. The petitioner is requesting the vacation to clear the title in order that right-of-way for a right turn lane for the Hagen Road Elementary School can be conveyed to Palm Beach County clear of any encumbrances. District 5 (PK)
12. Staff recommends
motion to:
A)
adopt a Resolution approving a
Joint Participation Agreement with the Florida Department of Transportation
(FDOT) for the operation and maintenance of the Traffic Management Center (TMC)
at the Vista Center. The Agreement will
enable joint use of the TMC and also facilitate sharing the costs of operating
and maintaining audio and video systems in the TMC for a period of five (5)
years; and
B)
approve a Budget Amendment of
$70,000 in the County Transportation Trust Fund to recognize a Joint
Participation Agreement from the FDOT and appropriate it to FDOT Traffic Signal
Maintenance.
SUMMARY: FDOT desires to occupy a certain portion of the TMC and
agrees to reimburse the County 70% of the costs of operating and maintaining
audio and video systems in the TMC. The
remaining 30% of the costs will be the responsibility of the County. Countywide (MRE)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
Contract for Consulting/Professional Services with Audrey Greenwald, for the
period of May 19, 2009, through September 30, 2009, in an amount of $12,000,
for speech and language services to Head Start children. Summary:
Audrey Greenwald will provide speech/language therapy by appropriate licensed
therapists to Head Start children. The
provider is required to bill Medicaid for evaluations and services for children
who are Medicaid eligible. Funding
consist of $9,600 (80%) in Federal funds and $2,400 (20%) in County funds. The
County’s portion is included in the FY 2009 budget. (Head Start) Countywide
(TKF)
2. Staff recommends
motion to approve: an upward Budget Amendment of $15,000 in
the General Fund, to reconcile the Human Services Emergency Food and Shelter
budget to actual grant award. SUMMARY: For FY 2009, the Division
received an Emergency Food and Shelter Grant award of $109,823. On April 1, 2009, Palm Beach County’s
Emergency Food and Shelter Program Local Board reallocated $15,000 to the
Division. A Budget Amendment of $15,000 is needed to align the County budget
with the additional grant allocation. No match is required for these funds.
(Human Services) Countywide (TKF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Contract with Oakwood Center of the Palm Beaches, Inc. for the period of May 23,
2009, through May 22, 2010, in an amount of $197,280, for 15 permanent housing
beds for disabled, homeless individuals.
Summary: This Contract
with Oakwood Center of the Palm Beaches, Inc. is a collaborative with the
Division of Human Services funded under a Housing and Urban Development (2008 HUD)
Shelter Plus Care program Grant. The grant provides rental assistance for
permanent housing beds for 15 homeless, disabled individuals. No local match is required by the County for
this grant. (Human Services) Countywide (TKF)
4. Staff recommends
motion to approve:
A) Amendment No. 3 to the Contract with the
Center for Family Services of Palm Beach County (R2008-2115) increasing funding
for the Traveler’s Aid Program by $40,000 for a new not-to-exceed total amount
of $54,475; and revising the definition
of unit cost; and
B) Budget Transfer of $40,000 in the General
Fund from Community Services - Human Services Division to Financially Assisted
Agencies - Center for Family Services Contract for the period October 1, 2008,
through September 30, 2009.
Summary: The Department of Community Services through
the Financially Assisted Agencies Program has been requested to provide $40,000
in additional funds to the Center for Family Services, specifically in the
Traveler’s Aid program. This program is
currently funded at $14,475 and will be raised to $54,475. The Budget Transfer will allocate the
additional resources to facilitate services within this program. Additionally, the unit cost definition of the
current contract needs to be revised to correctly reflect the entire cost of
the program. Funding under this Amendment
will be used for non-refundable bus tickets to transport homeless individuals to
locations where permanent housing has been arranged, case management services, and
administrative expenses. This agency is working closely with the County’s
Homeless Outreach Teams (HOT) under the direction of Human Services to make
sure all individuals who qualify will receive this emergency assistance. Countywide
(TKF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. 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 (RFP) process and have been
recommended to receive funding. (Ryan White) Countywide (TKF)
6. Staff recommends
motion to approve: Amendment No.1 to Contract R2008-1438 with
Comprehensive AIDS Program, Inc., for the period August 1, 2008, through July
31, 2009, adjusting the unit cost rate and unit quantity for Medical Case
Management services. SUMMARY:
The amendment to this contract will
increase the unit cost rate from $13.50 to $14.50 and reduce the quantity of
units being provided from 41,858 to 38,971.
The adjustment in unit cost rate will be applicable to the full contract
period. These changes are necessary to
more accurately reflect the cost of providing the service. The total reimbursable not-to-exceed amount
of $565,076 is unchanged. No
County funds are required. (Ryan White) Countywide (TKF)
7. Staff recommends
motion to approve: Amendment
No. 1 to Contract R2008-1003 with the Health Care District of Palm Beach
County, for the period March 1, 2008, through February 28, 2009, increasing the
units of service and total funding by $34,666, for a new not to exceed contract
amount of $106,778, for Local Supplemental Drug Program services. SUMMARY:
Ryan White HIV Health Support service dollars are reviewed throughout the
contract year and reallocated to best meet the needs of affected clients.
Additional funding of $34,666 is being
moved from the Grantee’s administrative budget to compensate the
provider agency for services provided during the grant period. No County funds are required. (Ryan White) Countywide
(TKF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment
No. 6 to the General Consulting Agreement with The LPA Group, Incorporated for consulting/professional
services in the amount of $734,363 for the continued performance of
professional planning and design services related to the approved Palm Beach
County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2006-2418) with The LPA Group,
Incorporated for general airport planning and design was approved on November
21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital
Improvement Programs for the County’s Airports. The agreement is for 2 years with 2 one (1)
year renewal options. Amendments 1-5 were approved for a net increase in the
amount of $5,167,709.50. Amendment
No. 4 approved by the BCC on October 21, 2008 (R-2008-1847) exercised the first
one (1) year renewal option. Approval of Amendment No. 6 in the amount of
$734,363 will provide funds to complete the following tasks and services: Task I
Services – Palm Beach International Airport (PBIA)–Runway 13-31 Rehabilitation,
PBIA–South Taxiway Rehabilitation, PBIA–Terminal Lighting, and PBIA–Runway
Designation Remarking & Airfield Signage; Task III Services – Staff
Extension and Miscellaneous Planning, Engineering and Construction Services. Certain tasks
performed during the term of this Amendment may be eligible for State and
Federal grant participation. The Disadvantaged Business Enterprise (DBE)
participation for this Amendment is 23.55%.
The total DBE contract goal including all amendments is 20.14%. Countywide (JCM)
2. Staff recommends
motion to receive and file: four
(4) original Agreements for the Department of Airports:
A) Hangar Lease Agreement with Jeffry W. Coursey, Unit 7,
Building 11720, 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 Jeffry W. Coursey (R2006-1409) for Unit
8, Building 11210 at North County General Aviation Airport, same date;
B) Hangar Lease Agreement with Joseph Masessa, Unit 8,
Building 11210, 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 Joseph Masessa (R2006-2411) for Unit 7,
Building 11720 at North County General Aviation Airport, same date;
C) North County General Aviation Airport Hangar Lease
Agreement with Edward G. Patenaude, Unit 11, Building 11200 for one (1) year,
automatically renewed at one (1) year intervals, commencing on April 1, 2009;
and
D) License Agreement with Airport Terminal Services, Inc.
for sole and exclusive use of administrative offices in connection with
operations as a general aeronautical service provider pursuant to General
Aviation Services Agreement (R2005-2328) at PBIA.
SUMMARY:
Delegation of authority for
execution of the standard County agreements above was approved by the BCC in R20072070
and R2008-1845. Countywide (JB)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: an Agreement for Purchase and Sale and Donation
for the following properties in the amount of $299,900. Said properties are located west of Runway 9L
at Palm Beach International Airport (PBIA):
William Arthur Brewton
Maria C. Sodupe-Brewton
125 N. Sandra Lane
West Palm Beach, FL 33415
Parcel W-215 (Residential Property)
Sales Price $299,900.00
Replacement Housing N/A
Parcel W-214 (Donated Property)
SUMMARY: The above
properties are being acquired in accordance with Palm Beach International
Airport’s approved Part 150 Noise Compatibility Study, which recommended the
acquisition of property. Countywide (JMB)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: JOC
Work Order No. 09-078 with Holt Contractors, Inc., (R2007-0947) in the amount
of $360,590.19 for site improvements to the Four Squares (Mecca Farms)
property. SUMMARY: When the site development activities for
the Scripps project ceased, the property was left as is, without restoring the
property to its pre-development condition.
In September 2008, the BCC approved various drainage improvements and
cleaning of vegetation from canals to carry water to retention area and reduce
risk from flooding. This work continues
with the ongoing property management and will reduce future maintenance
costs. Specifically, the work consists
of clearing all orange groves on the 1900+ acre property, a follow-up burn of
the spoil, and final grading of the property, including minor drainage
improvements. The Small Business Enterprise (SBE) participation in this Work
Order is 100%. When the participation for this Work Order is added to Holt=s
total participation-to-date, the resulting values are 100%. The SBE goals are 15%. The total construction duration is 180
days. Funding for this work is from the
existing general fund budget for property management of this particular site. (FD&O Admin) District 1 (JM)
2. Staff recommends
motion to approve: Amendment No. 2 to the Contract with Hedrick Brothers
Construction (R2007-1506) 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, subject to the closing on
the loan which will finance this project. 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 ‘08
Capital Improvements Program (CIP) budget cuts, proceeding with this project
allowed for the deferral of $7.7M FY ‘06 funding, the elimination of $20M in FY
‘09 funding, and the release of $8M in FY ‘07 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 loan authorized at the April
21, 2009 BCC meeting (R2009-0698). (Capital Improvements Division) Countywide
(JM)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: an Interlocal Agreement with the Town of South Palm
Beach (Town) for the provision of radio maintenance services. SUMMARY:
This Agreement provides for the provision of radio equipment
(subscriber units and consoles) maintenance services to the Town, by
FDO/Electronic Services and Security. The services are to be charged on an
hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime
work. In the event that the County must
out-source the labor, a separate labor rate is provided. The rates may be
adjusted annually with notification by June 1 (effective that following October
1) at the County’s sole discretion, but in no event shall the Town’s fee
schedule exceed the fee schedule applied to County departments. The term of the Agreement is for three (3)
years with one (1) – three (3) year renewal.
The Agreement may be terminated by either party, with or without cause
of a minimum of three (3) months notice.
(ESS) District 4 (JM)
4. Staff recommends
motion to approve:
A) Amendment No. 3 to the Contract with Hedrick Brothers Construction (R2007-1506)
in the amount of $10,696,433 for construction management services for Four
Points Renovations, subject to the closing on the loan which will finance this
project; and
B) Insurance premium provided under Palm Beach County’s Master Builder’s
Risk Program in an estimated amount not to exceed $170,700.
SUMMARY: Amendment
No. 3 will provide for a Guaranteed Maximum Price (GMP) for: 1) replacement of
the above ceiling package air conditioning units with a chilled water system,
2) upgrade the building systems to meet current code for a single tenant public
owner, 3) harden the entire facility to act as an Emergency Operations Center
annex, and 4) make tenant specific renovations to meet operational requirement
of users. The Small Business Enterprise
(SBE) goal for this project is 15%. Hedrick Brothers Construction will be
providing 27.4% SBE participation in this Amendment. The duration of this work is 629 calendar
days. Financing for this project is from
a $16.2M loan authorized at the April 21, 2009 BCC meeting (R2009-0698).
(Capital Improvements Division) Countywide (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: an Agreement with the Town of Jupiter in the amount of $93,963, for the installation of decorative street lighting in the Pine Gardens North neighborhood. SUMMARY: The Town of Jupiter intends to install approximately 63 decorative street lights in the Pine Gardens North neighborhood. The work to be funded under this Agreement consists of the preparatory installation of approximately 11,000 lineal feet of underground electrical conduit, approximately 95 junction boxes, and attendant work area restoration. After the preparatory work is complete the Town will install the street lights on its own. These are Federal Community Development Block Grant funds that require no local match. District 1 (TKF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve: Interlocal Agreement with the Town of Mangonia Park for
construction of the Master Pump Station No. 1 Emergency Generator. SUMMARY:
The Town of Mangonia
Park Master Pump Station No. 1 Emergency Generator is funded by the 2005
Disaster Recovery Initiative Program. Palm Beach County Water Utilities
Department will implement this project on behalf of Mangonia Park. The Interlocal
Agreement specifies the responsibilities of each party during the construction.
These are Federal Disaster
Recovery funds which require no local match. (WUD Project No. 08-067) District
7 (JM)
2. Staff recommends
motion to receive and file: a Contract
in the amount of $74,852 with EAU Gallie Electric, Inc. for the Town of
Mangonia Park Master Pump Station No. 1 Standby Diesel Engine Generator System
Installation. SUMMARY: On
March 16, 2009, the Director of the Water Utilities Department approved a
Contract with EAU Gallie Electric, Inc. for the Town of Mangonia Park Master
Pump Station No. 1 Emergency Generator in the amount of $74,852. This agenda item recommends the Board receive
and file the Contract with EAU Gallie Electric, Inc. approved by Water
Utilities Department so it may be properly recorded. (WUD 08-067) District 7 (JM)
3. Staff recommends motion
to approve: a partial release
of utility easement on land owned by Florida Auto Auction of Orlando, Inc. SUMMARY: This
document will release the County’s interest
in a portion of a utility easement recorded in the official records of Palm
Beach County in Official Records Book 5967, Page 1. During redevelopment of the West Palm Beach
Auto Auction site on the east side of Sansbury’s Way, it was determined that a
portion of the water main in the utility easement was no longer needed. The property owner now requests release of that
portion of the easement. The Water
Utilities Department concurs with this request and, therefore, recommends the
partial release. There is no cost to the property owner for this partial
release of easement. District 6 (MJ)
4. Staff recommends
motion to accept: an Access
Easement from Jimbo Corporation providing for authority to access certain
utility facilities. SUMMARY: During the
processing of Jimbo Corporation’s application to connect the existing building
to the County’s wastewater system, County staff identified a need for an
easement to provide County with adequate access to an existing wastewater force
main located outside of Jimbo Corporation property. The force main was
installed in Congress Avenue right of way as part of an assessment project to
serve adjacent commercial properties. Currently, access to that portion of the
force main adjacent to Jimbo Corporation property is limited, due to substandard
width of the right of way adjacent to the force main. This Access Easement from
Jimbo Corporation will provide greater access and help minimize the impact on
traffic during repair/maintenance of the force main adjacent to the property. Jimbo
Corporation has agreed to grant the County an Access Easement at no cost. (WUD
Project No. 08-535) District 3 (MJ)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
A) Agreement for Purchase and Sale (Agreement) for approximately
2.73 acres of land adjacent to the County’s Cypress Creek Natural Area from
Southpointe Palm, LLC, a Florida limited liability company, for $330,000, an
amount which is equal to a recent appraisal obtained by the County;
B) Budget Transfer of $337,000 in the Natural Areas Fund from
Reserves to the Environmental Resources Capital Fund to cover the cost of the
land, as well as costs related to title work/closing, surveys, and recording
fees as identified in the Agreement; and
C) Budget Amendment of $337,000 in the Environmental Resources
Capital Fund to recognize the transfer for purchase of a tract of land adjacent
to the Cypress Creek Natural Area.
SUMMARY: The Southpointe Palm LLC property is immediately adjacent to the County’s Cypress Creek Natural Area. The property contains an estimated 2.73 acres and is bordered by the Cypress Creek Natural Area to the north, east and west, and by Indiantown Road to the south. Acquisition of the parcel would simplify management of the surrounding natural area and would facilitate the restoration of areas impacted by historic drainage, vegetation clearing and shell rock mining. These proposed management and restoration activities will help restore historic surface water flows, and native wetland and upland habitat within the natural area. They will also help improve water quality and quantity within the Wild & Scenic portion of the Loxahatchee River. This Agreement is expressly contingent upon the approval of the Board of County Commissioners on or before June 2, 2009, and is subject to normal pre-acquisition due diligence. Pursuant to the Agreement, the County shall be responsible for the cost to issue the title insurance commitment and final title insurance policy which will be based on the minimum promulgated rate, together with the associated costs for the title exam, abstract, and closing fees. Said associated costs shall not exceed $285. The County must also pay all recording fees and for any survey it deems necessary. The total cost of the title work, recording fees and survey work should not exceed $7,000. Funding is provided by non ad-valorem revenue sources within the Natural Areas Fund. District 1 (JMB)
2. Staff recommends
motion to:
A) adopt Resolution for Assistance through
Florida Inland Navigation District (FIND) Waterways Assistance Program
authorizing submission of a grant application requesting $824,600 to cover a
portion of the costs associated with construction of the South Cove Restoration
Project located in the Lake Worth Lagoon and the City of West Palm Beach;
B) authorize the County Administrator or his
designee to sign the project agreements, all future time extensions, task
assignments, certifications and other forms associated with the project
agreement, and necessary minor agreements that do not change the scope of work
or terms and conditions of the agreements if any or all the grants are
approved; and
C) authorize the Director of the Department of
Environmental Resources Management to serve as Liaison Agent with FIND for this
project.
SUMMARY: The County will be submitting a grant proposal which will reimburse the
County $824,600, (31.5%) of the South Cove Restoration project which is
currently approved to go forward. If
successful in receiving funding, the grant will potentially reduce the County’s
match requirements from other funding sources depending on the results of the
construction bid. The deadline for
spending the grant is September, 2012. District
4 (SF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends motion to approve: Second Amendment to the Interlocal Agreement with the City of West Palm Beach (City) and the South Florida Water Management District (SFWMD) (R2006-0140) for the C-51 Canal Sediment Management Project. SUMMARY: The Second Amendment supersedes and replaces the Amendment approved by the Board of County Commissioners on April 7, 2009 (R2009-0574), due to minor additional changes which were not included therein. County budget adjustments which recognize the revenue and provide the required match were approved on April 7, 2009. The Amendment was approved by Resolution No. 2009-413 of the Governing Board of the SFWMD on April 8, 2009. Districts 2 & 3 (SF)
4. Staff recommends
motion to:
A) approve Grant Agreement No. 09-037E in the amount of $6,060 with the Caribbean Conservation Corporation (CCC) to fund the production of sea turtle educational materials, expiring April 30, 2010;
B) approve Budget Amendment of $6,060 in the Beach Improvement Fund; and
C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Grant Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Grant Agreement.
SUMMARY: Artificial lighting visible from the beach may deter female sea turtles from nesting and can disorient sea turtle hatchlings during their travel to the ocean. Environmental Resources Management (ERM) will produce educational materials describing the effects of artificial lighting on sea turtles for distribution throughout the County. The CCC Grant will reimburse $6,060 for project costs using funds from the sale of the Florida sea turtle license plate; no County match is required. The Grant Agreement is effective upon execution by both parties and expires April 30, 2010. Countywide (SF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends motion to:
A) approve Contract No. 4600001764 with the South Florida Water Management District (District) for the Palm Beach County Delaware Scrub Restoration Phase II Project (Project), commencing upon execution of the contract, for a period of one (1) year, in an amount not to exceed $225,000;
B) approve Budget Transfer of $15,000 in the Natural Areas Fund from Reserves to the Environmental Resources Capital Fund Delaware Scrub Natural Area Project;
C) approve Budget Amendment of $240,000 in the Environmental Resources Capital Fund recognizing the contract revenue of $225,000 and a transfer from the Natural Areas Fund of $15,000 for the Delaware Scrub Natural Area Project; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
SUMMARY: The Contract will provide $225,000 of state funding, administered by the District on a reimbursement basis through the Loxahatchee River Preservation Initiative (LRPI), for the Delaware Scrub Restoration Phase II Project. The total project cost is estimated to be $450,000. The County’s cost share is $225,000 and is provided from the Natural Areas Fund, a non-ad valorem source. The $15,000 transfer for this item will increase existing budget to provide the remainder of the necessary 50% match. Phase II proposes to construct public use facilities on the natural area. These facilities include a parking lot, ADA compatible nature trail and boardwalk, hiking trail, informational kiosks and observation deck. District 1 (SF)
6. Staff recommends
motion to:
A) approve Contract with Florida Atlantic University (FAU) in the not-to-exceed amount of $58,200 for digitizing and analyzing nearshore coastal aerials county-wide in association with shoreline protection projects; and
B) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Contract, and necessary minor amendments that do not change the scope of work or terms and conditions of the Contract.
SUMMARY: This Contract will provide an automated means of digitizing aerial photographs for managing nearshore reef resources meeting permit and project design requirements. Staff and students from FAU will perform this effort. The Contract is funded from a combination of Tourist Development taxes, interest, and ad valorem funds. The Contract is effective upon execution by both parties and expires January 31, 2010. Countywide (SF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff recommends
motion to:
A) receive and file Task Assignments No. SE-140 ($900,000), and No. SE-139 ($350,000) for the Loxahatchee Slough Natural Area from the Florida Fish and Wildlife Conservation Commission (FWC) to fund invasive plant removal; and
B) approve Budget Amendment of $1,250,000 in the Environmental
Resources Capital Fund to recognize the revenue from the Task Assignments.
SUMMARY: Task Assignments No. SE-140 ($900,000), and No. SE-139 ($350,000) to FWC Contract No. 08157 has been received from FWC, Bureau of Invasive Plant Management Section. The Task Assignments are effective from April 14, 2009 through May 31, 2009, for invasive plant control in the Loxahatchee Slough Natural Area. No matching funds are required. District 1 (SF)
8. Staff recommends motion to:
A) approve Grant Agreement (FWC-08264) with the Florida Fish and Wildlife Conservation Commission (FWC) which would provide $60,000 for the construction of an artificial reef prior to August 31, 2009 at Boynton No. 3 Site;
B) adopt Resolution for the Clerk of the Board to disburse $75,000 from the Vessel Registration Fee Trust Fund to cover the matching funds for this artificial reef project;
C) approve Budget Amendment of $60,000 in the Environmental Enhancement Saltwater Fund; including a transfer from reserves for $75,000 for a total of $135,000 in project funding for the Boynton No. 3 Site; and
D) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with this agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the agreement.
SUMMARY: The FWC will provide $60,000 (44%) in matching funds to purchase, deliver, and place limestone boulders at Boynton No. 3 Site for construction of a new artificial reef. The County will provide $75,000 from environmental enhancement funds supported by vessel registration fees as match. District 4 (SF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
9. Staff recommends
motion to:
A) approve a Joint Partnership Agreement with the Florida Department of Transportation (FDOT) in the amount not to exceed $4,850,000 to cover staff time and construction costs for creating a seagrass and mangrove mitigation project at Snook Islands Natural Area expiring on June 30, 2012;
B) adopt Resolution to authorize entering into an Agreement as a requirement of FDOT;
C) approve Budget Amendment of $4,850,000 in the Environmental Resources Capital Fund to recognize the revenues from the agreement; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other documents associated with this agreement and any necessary minor amendments to those documents that do not change the scope of work or terms and conditions of this Agreement.
SUMMARY: This Agreement will provide the necessary funding to create an approximate seven (7) acre seagrass and mangrove mitigation project located within the Snook Islands Natural Area. FDOT funding, estimated to be $4,850,000, will cover all staff costs in the planning, permitting, bidding and construction oversight. There are no matching requirements. In addition, all costs associated with the construction work will be the responsibility of FDOT. An additional Agreement with FDOT may be necessary if the funding exceeds the cost estimates. District 3 (SF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
10. Staff recommends motion to:
A) approve County Deed in favor of the Town of Jupiter (Town) conveying the County’s undivided interest in and to a 0.0868-acre parcel of submerged land owned by the County, located north of the County’s Jupiter Ridge Natural Area, south of Indiantown Road and between the eastern boundary of the Intracoastal Waterway and U. S. Highway 1 (Parcel A);
B) accept Quit-Claim Deed from the Town conveying its interest in an approximate 0.92-acre parcel of submerged land which was dedicated to the Town by the Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF; formerly known as the Trustees of the Internal Improvement Fund of the State of Florida) in 1965, and which is located west of Fullerton Island, north of Indiantown Road, west of the Intracoastal Waterway and east of Alternate A1A (Parcel B);
C) adopt Resolution authorizing the conveyance of the County's interest in Parcel A to the Town, with a reservation of mineral and petroleum rights, but without rights of entry and exploration, and for public recreational uses. Said conveyance is in consideration for the Town’s conveyance of its interest in Parcel B to the County;
D) adopt Resolution requesting the State to re-assign dedication of Parcel B to the County with the Town’s approval for conservation and passive recreational purposes; and
E) accept Partial Assignment and Assumption of Dedication No. 24155 from the Town to the County, with the TIITF consenting.
SUMMARY: The Town has been working to implement a 2.5-mile recreational corridor along the eastern shoreline of the Intracoastal Waterway known as the Jupiter Riverwalk (Riverwalk). Parcel A is located within the area needed to construct a connecting section of the existing Riverwalk and the Town is requesting the title to this land. In consideration for Parcel A, the Town will convey its interest in Parcel B to the County. Both properties are primarily mangrove and mangrove habitat. This transfer is mutually beneficial since the County will gain the right to use and maintain 0.92 acres of mangrove habitat for conservation and passive recreational purposes and the Town will receive a parcel of land that is essential for the completion of the Riverwalk. District 1 (JMB)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement with Teen Temps, Inc. for the
period May 19, 2009, through November 15, 2009, in an amount not-to-exceed
$5,000 for the Palm Beach Panthers basketball program. Summary: This funding is to assist
with costs for the Palm Beach Panthers’ participation in local and state
basketball tournaments. Approximately 50
youth participate in this basketball program sponsored by Teen Temps, Inc. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to March 27, 2009. This funding allocation was proposed by
Commissioner Addie Greene from Recreation Assistance Program District 7 funds
prior to her leaving office. District
7 (AH)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to receive and file: First Amendment to Agreement (R2008-1909) with Community Resource Center
of Coleman Park, Inc. for the Youth MIC Night variety shows to expand the
project scope and to extend the project completion date from December 31, 2008,
to September 30, 2009, and the term of the Agreement from March 31, 2009, to
December 30, 2009. Summary: This fully executed First Amendment to
Agreement expands the project scope for the Youth MIC Night shows to allow the
shows to be held at any Palm Beach County school instead of only at Roosevelt
Middle School. It also extends the
project completion date to September 30, 2009, and the term of the Agreement to
December 30, 2009, in order to allow additional time to complete the programs
and accommodate dates of payments. All other terms of the Agreement, including
the funding amount of $5,000, remain the same. Funding for the project is from
the Recreation Assistance Program District 7 Funds. District 7 (AH)
3. Staff recommends
motion to approve: Agreement
with Ruth Rales Jewish Family Service of South Palm Beach County, Incorporated
for the period May 19, 2009, through July 1, 2010, in an amount not-to-exceed
$5,000 for funding of the 2009 Diamond Club Senior Recreational Program. Summary: This funding is to assist with the cost
of operational expenses for the 2009 Diamond Club Senior Recreational
Program. This Program serves
approximately 100 senior citizens who are 75 years and older. The Agreement
allows for the reimbursement of eligible project costs incurred subsequent to
April 1, 2009. Funding is from the Recreation Assistance Program (RAP) District
5 Funds. District 5 (AH)
4. Staff recommends
motion to approve: Interlocal Agreement with the Town of Lake
Clarke Shores for the period May 19, 2009, through May 18, 2011, in an amount
not-to-exceed $75,000 for Lake Clarke Shores Community Park Improvements – Phase
IV. Summary: This allocation provides
funding for Phase IV improvements to Lake Clarke Shores Community Park to
include electricity for picnic pavilions, playground shade structure, play
equipment, park furniture including water fountain and benches, fencing, design
and construction, project coordination/management fees, and other miscellaneous
project expenses. The Agreement allows for the reimbursement of eligible
expenses incurred subsequent to January 1, 2009. Funding is from the 2002 $50 Million
Recreation and Cultural Facilities Bond referendum. District 3 (PK)
5. Staff recommends
motion to approve: Agreement
with Palm Beach County Cultural Council, Inc. for the period May 19, 2009,
through December 30, 2009, in an amount not-to-exceed $25,000 for funding of
the centennial bell project. Summary: This funding is to assist
with the cost of the Palm Beach County Cultural Council, Inc.’s centennial bell
project to be located between the Palm Beach Governmental Center and the 1916
Courthouse. This public art project will be viewed by thousands of people who
utilize this public area. The Agreement
allows for the reimbursement of eligible project costs incurred subsequent to
April 1, 2009. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. Countywide (AH)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to approve: Agreement
with Jewish Federation of South Palm Beach County, Inc. for the period May 19,
2009, through December 1, 2009, in an amount not-to-exceed $25,000 for funding
of the 2009 Israel Independence Day celebration. Summary: This funding is to assist with the cost
of the 2009 Israel Independence Day celebration held by the Jewish Federation
of South Palm Beach County, Inc. at the Mizner Park Amphitheater on April 29,
2009. This annual event attracts approximately 5,000 people. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to February 15, 2009. Funding is from the Recreation Assistance
Program (RAP) District 5 Funds. District
5 (AH)
7. Staff recommends
motion to receive and file: executed Independent Contractor Agreement received
during the month of April: Ken Nemet, Master’s Swim Team Coach, Lake Lytal
Aquatic 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)
8. Staff recommends
motion to approve: First
Amendment to Independent Contractor Agreement (R2008‑1521) with 3D
Diving, Inc. for USA Diving Program services at North County Aquatic Complex for
the period July 1, 2008, through June 30, 2009.
SUMMARY: On June 10, 2008, the Parks and Recreation
Department entered into an Independent Contractor Agreement with 3D Diving,
Inc. to provide coaching services for the USA Diving program at North County
Aquatic Complex. Under this original
Agreement, the total amount to be paid by the County for all services and
materials was not-to-exceed $40,000. This First Amendment increases the
total contract amount by $10,000 to $50,000. District 1 (AH)
9. Staff recommends
motion to approve:
A) Interlocal Agreement with the Village of Wellington for
the period May 19, 2009, through May 18, 2012, in an amount not-to-exceed
$822,296 for funding of an Amphitheater; and
B)
Budget Transfer of $822,296
within the $25 Million GO Parks and Cultural Improvements Bond Fund - 2005 from
Cultural Trust Outdoor Entertainment Pavilion to Village of Wellington
Amphitheater.
Summary: This Agreement provides funding
for the design and construction of an amphitheater within the Wellington
Community Town Center located at 12165 Forest Hill Boulevard. The funding allocation was approved by the
Board on October 21, 2008. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to January 1, 2009. Funding is from the
2002 $50 Million Recreational and Cultural Facilities Bond referendum, as
amended – District 6. District 6 (PK)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
10. Staff recommends
motion to adopt: Resolution for assistance under the Florida Inland
Navigation District (FIND) Waterways Assistance Program for grant funding for
DuBois Park Marina and
Shoreline Stabilization project in the
amount of $987,000. Summary: On April 21, 2009, the Board of County
Commissioners (BCC) approved submission of a FIND Waterways Assistance Program
(WAP) grant for $987,000 for construction of the DuBois Park Marina and
Shoreline Stabilization project. The
grant application included a Resolution approved and executed by the BCC in
2008; however, a current Resolution should have been submitted with the 2009
grant application. The original cost
estimate for this project was $3,548,435.
The cost estimate has recently been revised and the current cost
estimate is $2,541,978, which does not include contingencies or construction
oversight. The balance of the project
will be funded by the 2004 $50 Million
Waterfront Access and Preservation General Obligation Bond Issue and a $500,000
Florida Fish & Wildlife Conservation Commission Florida Boating Improvement
Program grant. District 1 (AH)
N. LIBRARY
1. Staff recommends
motion to:
A) approve a
Literacy Coalition of Palm Beach County AmeriCorps Site Application for the
County Library=s participation in a Literacy*AmeriCorps PBC
Program for the period August 24, 2009, through August 23, 2010; and
B) authorize the
Chairman to execute the agreement and any other necessary forms and
certifications.
Summary: This site application, if approved, will
provide the County Library with one (1) full-time Literacy*AmeriCorps member
for one (1) year. This member will
contribute 32 hours per week offering conversational English programs and
overseeing the literacy computer learning lab. The Library will pay a service
fee of $4,950 to the Coalition and business-related mileage to the member up to
$2,350. AmeriCorps, with supplemental
funds from the Coalition, will cover all other expenses including Workers= Compensation, liability, and health care
coverage. Funds will be provided through
the Library=s FY 2009 and 2010 operating budgets and
will have minimal fiscal impact. Countywide (TKF)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE
EXTENSION SERVICE
1. Staff
recommends motion to approve:
A) Agricultural Land
Management Interlocal Agreement with the Palm Beach Soil and Water Conservation
District (PBSWCD), a public corporation of the State of Florida, for a period
of three (3) years continuing their management of property within the Ag
Reserve that has been purchased by Palm Beach County and leased out for
agricultural uses, for a fee of $53,994 per year to be paid from funds
generated by the lease program; and
B) the authorization of the
County Administrator or his designee to execute amendments to this Agreement
which would give the PBSWCD the ability to manage additional lands/property
pursuant to the agreement.
Summary: PBSWCD will manage agricultural lands under
this Agreement purchased by the County with funds from the March 1999
Conservation Lands Bond Referendum. The
original agreement was based on their experience with a similar program for the
South Florida Water Management District and their understanding of the local
agricultural industry. Management fees will be for any and all agricultural
leased properties owned by Palm Beach County during the period of the
Agricultural Land Management Interlocal Agreement. This Agreement is for a
three (3) year period beginning July 1, 2009 for an annual fee of $53,994. Districts
3 & 5 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve:
A) receive and file the Palm Beach County Criminal Justice, Mental Health and Substance Abuse Reinvestment Act grant final financial report;
B) approve the return of unexpended grant funds not to
exceed $7,000; and
C) approve an upward Budget Amendment not to exceed
$4,500 to reconcile the budget to the actual interest revenue received through
the repayment date.
SUMMARY: Palm Beach County was awarded a $100,000 grant from the Florida Department of Children and Families on May 20, 2008. The Palm Beach County Criminal Justice, Mental Health and Substance Abuse Planning Council worked on this one-year planning grant that was used to develop partnerships and strategies to identify and divert adults and juveniles with mental health and substance abuse issues out of the criminal justice system. The end result of the planning produced a Strategic Plan report. This grant is now being closed out and all unused funds are being returned to the Florida Department of Children and Families in accordance with Memorandum of Understanding No. LHZ22. Countywide (DW)
2. Staff recommends
motion to receive and file: the Palm Beach County Criminal Justice,
Mental Health and Substance Abuse Reinvestment Act Strategic Plan. SUMMARY: Beginning in June 2008,
the Palm Beach County Criminal Justice, Mental Health and Substance Abuse
Planning Council has worked on a one (1) year planning grant that was used to
develop partnerships and strategies to identify and divert adults and juveniles
with mental health and substance abuse issues out of the criminal justice
system. Work to complete the Strategic Plan was funded by the Florida Reinvestment
Act grant awarded by the Florida Department of Children and Families. It was
developed by the County’s Criminal Justice, Mental Health and Substance Abuse
Planning Council supported by the Criminal Justice Commission and Analytica
Consultants. Countywide (DW)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends
motion to:
A) approve a Grant Application to the U.S. Department of Homeland Security’s (DHS) 2009 Assistance to Firefighters Grant Program in the amount of $400,000 with a local match of $100,000 for a total project cost of $500,000; and
B) authorize the County Administrator, or his designee (Battalion Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the Grant Application via the DHS/FEMA website.
SUMMARY: The 2009 Assistance to Firefighters Grant (AFG) Program is a competitive Grant Program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents. This Grant Program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. If awarded this Grant, Fire-Rescue will use the funds to purchase a site license for the National Fire Incident Report System (NFIRS) 5.0 system software for forty-eight fire stations. The network compatible software will allow the Department to comply with the State of Florida mandate to submit NFIRS data in a 5.0 format to the State Fire Marshal’s office. The acquisition of this new software will provide a regional benefit since it will be available to the municipalities for which the Department provides dispatches services. Grant rules require submission of grant applications by electronic format in order to assure an efficient review and competitive scoring of all funding requests submitted under this program. The deadline for submission of this Grant Application to the grantor agency is 5:00 p.m. on May 20, 2009. Countywide (SB)
AA. PALM
TRAN
1. Staff recommends
motion to approve:
A) First Amendment to the Standard
Coordination/Operator Contracts with Federation Transportation Services, Inc.;
and
B) First Amendment to the Standard
Coordination/Operator Contract with Seagull Industries for the Disabled, Inc.
SUMMARY: On May 6, 2008, the Board of County
Commissioners approved a resolution (R2008-0808) delegating authority, through
the County Administrator, to Palm Tran’s Executive Director to execute Standard
Coordination/Operator Contracts for the Transportation Disadvantaged. This delegation of authority did not
encompass within it, the authority to execute amendments to the contracts that
the County has with Federation Transportation Services, Inc. and Seagull
Industries for the Disabled, Inc. The
Amendment to the contracts with Federation Transportation Services, Inc.
revises the TD trip co-payment to reflect the fare charged from October 1,
2008, to March 31, 2009, and the fare charged from April 1, 2009, to September
30, 2011. The Amendment to the contract
with Seagull Industries for the Disabled, Inc. establishes the not to exceed
contract amount for the entire three (3) year term of the contract rather than
one (1) year. Countywide (DR)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
2. Staff recommends motion to approve: Agreement with the Village of Wellington to
support the development of a Park-and-Ride lot. Summary: The Village
of Wellington has agreed to make available to the County sufficient property
(two (2) acres) for use as a Park-and-Ride lot (the Facility). The County will provide funding, permitting,
design, construction and project management for the construction activities. The Park-and Ride lot will have approximately
140 parking spaces. The Agreement allows
the County’s access and use of the Facility for an initial term of ten (10)
years and automatically extends for two (2) additional five (5) year periods,
unless terminated by the County. The Village of Wellington will be responsible
for the continuing maintenance and security of the Facility after
construction. The estimated cost of
design and construction is $702,765, all of which is being funded under
existing grants, with no County match or participation. District 6 (DR)
BB. SHERIFF
1. Staff recommends
motion to receive and file: Grant Adjustment Notice extending
the Florida Department of Law Enforcement, Terrorism Prevention Program Grant
period from March 31, 2009, to June 30, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted
this grant for $97,312 on July 8, 2008; the original period for this grant was
April 7, 2008, through December 31, 2008 (R2008-1237). On April 7, 2009,
the BCC received and filed an agenda item extending the grant period from December
31, 2008, through March 31, 2009 (R2009-0594). This agenda item will extend the
grant period from March 31, 2009, through June 30, 2009. The objective of this program is to enhance
Palm Beach County’s critical infrastructure and key resources. These funds, which have been approved by
FDLE, will be used to enhance the County’s risk assessments on assets believed
to be time critical. The Palm Beach County Sheriff’s Office has been
given an extension to allow the grant funds to be fully expended. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (DW)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice extending
the Florida Department of Law Enforcement Florida Consortium 2008 Paul
Coverdell National Forensic Sciences Improvement Grant period from September
30, 2009, to March 31, 2010. SUMMARY: The Board of County Commissioners accepted this grant for $41,785 on March
17, 2009; the original period for this grant was October 1, 2008,
through September 30, 2009 (R2009-0465).
This agenda item will extend the grant period from September 30, 2009,
through March 31, 2010. The National Institute of Justice (NIJ) awarded
these funds to the Florida Department of Law Enforcement (FDLE) for the “2008 Paul
Coverdell National Forensic Sciences Improvement Grant”. On December 19, 2008, the Palm Beach County Sheriff’s Office (PBSO)
was awarded funds to improve the quality of forensic services. The PBSO’s
Technical Services Division will use the funds provided for: overtime, training
and the purchase of a high speed scanner.
There is no match
requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
MAY 19, 2009
3. CONSENT
AGENDA APPROVAL
CC. FIFTEENTH
JUDICIAL CIRCUIT
1. Staff recommends
motion to approve: a Budget
Amendment of $19,000 in the General Fund to recognize revenue generated by the
Process Server Program and appropriates it within the 15th Judicial
Circuit budget. SUMMARY: The Budget
Amendment requested recognizes revenue generated over and above the currently
budgeted revenue from the Process Server Program. The Amendment appropriates this revenue
within the 15th Judicial Circuit budget to cover costs of building
out the staff work area. The resources
will be used to cover the cost of building out the work space of court
employees. Countywide (PFK)
DD. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends motion to adopt: a
Resolution authorizing the expenditure of $150,000 in tourist development tax
revenues from the Special Projects Fund for Super Bowl 2010 South Florida Super
Bowl Host Committee XLIV expenses. SUMMARY: By adopting this Resolution, the Board of
County Commissioners establishes that the expenditure of tourist development
tax revenues on Super Bowl 2010 will promote Palm Beach County tourism and
authorizes the expenditure of those funds in the total amount of $150,000
according to the following schedule: $50,000 prior to June 1, 2009, $50,000
prior to November 1, 2009, and $50,000 prior to March 1, 2010. Countywide
(MC)
* * * * * * * * * * * *
MAY 19, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to adopt: 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)
B. Staff recommends
motion to adopt: 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)
C. Staff recommends
motion to adopt: adopt Remedial Plan Amendment
Ordinance provided for by the Stipulated Settlement Agreement between Palm
Beach County and the Department of Community Affairs (“DCA”) in the case of Department
of Community Affairs et. al. v. Palm Beach County et. al., Case No.:
07-5238 GM (University Drive Comprehensive Plan Amendment). SUMMARY: Palm Beach County adopted
Ordinance 2007-008, as part of its 07-1 Round of Comprehensive Plan Amendments
on August 27, 2007, which provided for the removal of University Drive from Lox
Road to Palmetto Park Road and Riverside Drive from Palmetto Park Road to
Glades Road from the Transportation Element and Map Series in the Palm Beach
County Comprehensive Plan. The DCA objected to the removal of the roadway
segments, contending that the Amendment failed to mitigate the traffic impacts
caused by the proposed removal of the University Drive and Riverside Drive
roadway extensions. The DCA filed a Notice of Intent to find the
Comprehensive Plan Amendment “not in compliance,” and initiated the
above-styled formal administrative proceeding challenging the Amendment.
The City of Coconut Creek, the City of Coral Springs, and the City of Tamarac
intervened on behalf of the DCA, while property owners in the area, Triple H.
Ranch Property, Ltd., and DeBuys Property Investment Group, Ltd., and the City
of Parkland intervened on the side of the County. On April 21, 2009, the
County approved a Stipulated Settlement Agreement with the DCA, providing for
additional traffic mitigation measures, including the identification of SR 7 as
a Transit Oriented Corridor, County support for a SR 7 Land Use Study and a
PD&E Study to further identify traffic mitigation opportunities, as well as
a commitment to fund County bus service on SR 7 commensurate with rider demand.
DCA Secretary Pelham signed the Agreement on May 1, 2009. Triple H. Ranch
Property, Ltd., and DeBuys Property Investment Group, Ltd. also signed the
Stipulated Settlement Agreement. Staff proposes a Remedial Plan Amendment
to implement the agreed upon traffic mitigation measures. District 5
(ATP)
* * * * * * * * * * * *
MAY 19, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends motion to:
A) adopt a Resolution to support CSL Plasma, Inc. for
Florida=s Qualified Target Industry (QTI) Tax Refund
Program;
B) approve the Job Growth Incentive (JGI) Grant
Agreement, as the required 20% QTI local match, with CSL Plasma, Inc. in the
amount of $40,000 for the creation of 50 jobs in Palm Beach County at an
average annual salary of $67,500, excluding benefits;
C) approve a Budget Transfer of $40,000 from the
General Fund Contingency Reserve to the Economic Development Job Growth
Incentive Fund (JGI); and
D) approve a Budget Amendment of $40,000 to the
Economic Development Office Fund to recognize and appropriate the transfer of
funds from the General Fund Contingency Reserve.
SUMMARY: CSL Plasma, Inc., headquartered in Boca Raton,
is a wholly-owned subsidiary of CSL Behring, a publicly traded company in
Australia, and the global leader of plasma collection and distribution of
life-saving therapies. The JGI Agreement requires the company to retain 120
jobs, and create 50 new jobs, for a total of 170 jobs with an average salary of
$67,500, excluding benefits, by June 30, 2011; and maintain the jobs through
June 30, 2014. The JGI grant is
recommended at $800 per job created or $40,000.
CSL Plasma, Inc.’s investment in our local community is expected to
produce total economic impacts from direct, indirect and induced dollars as
follows: $15.9 million in output, $5.3 million in wages, and $.36 million in
taxes. CSL Plasma, Inc. has filed a QTI Tax Refund Program application with
Enterprise Florida. It is anticipated
that the State will award up to $200,000.
The QTI requires a 20% local match or $40,000. The 20% match will be achieved using the JGI
grant. Funds are not allocated in the
2009-2010 budget for JGI. The BCC
directed Staff to bring qualified companies to the BCC for consideration. Countywide
(DW)
2. Staff requests
Board direction: regarding a Resolution in support of universal health
insurance coverage, which will urge and request the United States Congress to
enact, and the President of the United States to sign legislation, such as H.R.
676 (Conyers, M-14) or other legislation that is meaningful and actuarially
sound, without imposing additional mandates on county governments. SUMMARY: Due
to the rising costs of providing health insurance to County employees and
retirees, and its associated burden on local government budgets, the Board
directed staff to return with a draft Resolution for discussion in support of
H.R. 676, also known as the United States National Health Care Act, which
creates a single-payer universal health care system which would cover all
necessary medical care including prescription drugs, hospital, surgical,
outpatient services, primary and preventative care, emergency services, dental
care, vision care and long-term care. Countywide
(TKF)
MAY 19, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
3. Staff requests
Board direction: regarding Supervisor of Election (SOE) Susan Bucher’s
desire to conduct a Request for Proposal (RFP) for a replacement facility for
SOE’s Voter Equipment Center (VEC). SUMMARY:
Due to the need to handle massive amounts of paper from the change
in the voting system for 2008 and to facilitate public access to the Election
Day vote tabulation, the County (on behalf of the SOE) leased approximately
23,000 sf of the Department of Airport’s SkyChef Building. The SOE believes the
space requirements for the VEC is approaching 70,000 sf and has requested that
the County evaluate leasing space for this purpose. In response, Staff
contacted the representatives of industrial and commercial properties including
those identified by the SOE, but came to the conclusion that: 1) the physical
space features/attributes of the leased properties are not fundamentally
different from SkyChef, 2) the rent, common area maintenance charges, tenant
and infrastructure improvement costs would be roughly $1.8M higher than at
SkyChef over a five (5) year period, and 3) it was unlikely that a leased
property could be secured and improved in time for the next election cycle. To
accommodate the SOE, Staff has proposed to expand the space allocated to the
SOE at SkyChef to 69,000 sf by relocating the remainder of the County tenants
(Sheriff) and by expanding into the second floor. The SOE does not find SkyChef
to be acceptable. Among reasons stated
are: insufficient space, poor layout of space and second floor access issues.
Setting aside questions regarding the quantity of space being requested, FDO
believes that space and functional requirements identified by the SOE can be
accommodated at SkyChef. The SOE believes
that satisfactory facilities are available for lease which can be made ready
for occupancy by the end of the year at a similar price to SkyChef so that 2010
countywide elections can be handled from the new site. An RFP would be required to select a leased
site. While the responses to the RFP
will specifically define all costs associated with each property, Staff does
not feel that the results of the RFP will materially change the financial
analysis. The SOE has identified a
specific building which it believes can meet its needs at a reduced rental rate
and will require few improvements.
Notwithstanding the need for an RFP, and using the building identified
by SOE as a comparison, leasing space from a private owner will require an
unbudgeted outlay for improvement and move costs of $2M. In addition, Staff believes
there is substantial risk associated with having to select a facility, negotiate
a contract and make the necessary improvements in less than a year. Staff believes that SkyChef continues to be a
reasonable site for the VEC due to proximity to SOE Gun Club Road offices,
security on Airport property, County ownership of building, access to County
computer network, cost, and proven functionality during the 2008 election. Countywide (HF)
MAY 19, 2009
5. REGULAR
AGENDA
B. AIRPORTS
1. Staff recommends
motion to:
A)
delegate authority to the
County Administrator or his designee to approve a construction contract and all
associated forms and certifications, pursuant to an Invitation to Bid for the
Department of Airports’ Project No. PB 09-8, for work associated with the
American Recovery and Reinvestment Act of 2009 at Palm Beach International
Airport, in an amount not to exceed $4,000,000; and
B)
approve a Budget Amendment
of $3,870,000 in the Airports Improvement and Development Fund, contingent upon
actual grant awards, including $3,870,000 in the American Recovery and
Reinvestment Act funding and $130,000 transferred from Airport Reserves.
SUMMARY: The
Department of Airports is currently in the process of advertising an Invitation
to Bid utilizing the County’s competitive bid process for a project to
rehabilitate Runway 13-31 at Palm Beach International Airport (PBIA), in an
attempt to obtain grant funding through the American Recovery and Reinvestment
Act (ARRA) of 2009. The current total
project cost estimate is $3,870,000.
This project has been closely coordinated with the Federal Aviation
Administration (FAA) and will comply with all of the requirements imposed by
the FAA and the requirements of the ARRA.
In order to meet the requirements of the ARRA, funds must be obligated
pursuant to a grant offer and acceptance by the County by June 17, 2009. Based on the stringent timeframes to obtain
bids on the project and provide the final paperwork to the FAA to execute the
grant and award the contract to the successful bidder, the Department of
Airports is requesting approval of the delegation of authority to the County
Administrator or his designee to execute a construction contract on behalf of
the Board of County Commissioners in an amount not to exceed $4,000,000. Countywide
(AH)
C. CLERK
& COMPTROLLER
TIME CERTAIN 10:00 A.M.
1. Staff recommends motion to receive and file: Presentation of the Palm Beach County Comprehensive Annual Financial Report for fiscal year ending September 30, 2008. SUMMARY: The Clerk & Comptroller’s office will provide a year-end financial review based on the Palm Beach County Comprehensive Annual Financial Report for 2008. Countywide (PFK)
MAY 19, 2009
5. REGULAR
AGENDA
D. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the County to obtain a line of
credit in the principal amount of $38,776,332 to support the issuance of
letters of credit to satisfy the debt service reserve fund requirements of
seven (7) of the County’s outstanding bond issues; approving the form of and
authorizing the execution of a Loan Agreement with Wachovia Bank, N.A. and
providing for an effective date; and
B) authorize OFMB to prepare a Budget Transfer of $68,790
from sales tax revenues and amend the seven (7) debt service funds and general
fund.
SUMMARY: On May 20, 2008 (R2008-0817), the Board
approved a line of credit with Bank of America to satisfy the debt service
reserve requirement for seven (7) bond issues. That line of credit was for a period of one
(1) year and is due to expire. In
accordance with the terms of the Agreement with Bank of America, County staff
discussed renewing the letters of credit.
Bank of America stated that the renewal would require additional
business in the form of deposits from the County. Following discussions with Clerk and
Comptroller’s staff the County received a proposal from Wachovia Bank at an
annual rate lower than quotes from other banks.
The term of the above line of credit is one (1) year subject to renewal
by the County and acceptance by the Wachovia Bank. The County anticipates
renewing the letters of credit in accordance with the bond Resolution. The annual fees will be included in the FY
2010 Budget. Countywide (PFK)
2. Staff recommends
motion to:
A) adopt a Resolution authorizing the negotiation of
a loan in an amount not to exceed $16.5 million from the Sunshine State
Governmental Financing Commission; authorizing the execution and delivery of a
Loan Agreement; in the alternative, authorizing a not to exceed $16.5 million
Capital Improvement Bond Anticipation Note, Series 2009 (Note); delegating to
the Chairman to consummate the sale and award the Note; providing certain other
matters in connection with the making of the Loan or the sale of the Note; providing
an effective date; and
B) approve a Budget Amendment of $16,500,000 in the
Public Improvement Revenue Bonds Four Points Facility Capital Fund to record
the loan proceeds and appropriate funding for capital projects and cost of
issuance and authorize OFMB to make minor changes in the budgets for loan or
note proceeds and cost of issuance.
SUMMARY: On
April 29, 2009, the County received bids from two (2) Banks which were rejected
by staff and the County’s financial advisor.
Staff requested and received approval for a variable rate loan from the
Sunshine State Governmental Financing Commission to finance the capital
improvements. The current annual costs
on the Sunshine State loan will range from 2.5% to 3% including liquidity,
which is subject to credit approval by the liquidity bank. The above Resolution authorizes the Sunshine
State Loan and delegates to the Chairman the authority to consummate the
Loan. If for any reason the Loan is not
finalized, the Resolution authorizes the negotiated sale of a short-term Bond
Anticipation Note to finance the projects and delegates to the Chairman the
authority to consummate the sale and award the Note. The costs of issuance are payable for the
proceeds of the Loan or Note. Countywide (PFK)
MAY 19, 2009
5. REGULAR
AGENDA
D. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to approve: a Budget Transfer of $315,000 from General Fund
Contingency Reserves to the Belle Glade Youth Empowerment Center program. SUMMARY: This transfer is necessary to re-establish BCC approved budget for the
Youth Empowerment Center in Belle Glade. Un-expended funds from FY 2008 were
brought forward into the current year as part of the Balance Brought Forward
amendment approved on April 21, 2009, and are included in General Fund
Reserves. The current program budget is $285,000. Pursuant to Board direction
during the FY 2009 budget development process, this transfer will reappropriate
the entire unexpended FY 2008 annual allocation of $300,000 and increase the FY
2009 by $15,000 to $300,000. This brings the total FY 2009 program budget to
$600,000. District 6 (DW)
E. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to:
A) approve a new portion of the Land Development schedule of user fees to allow charges and establish a schedule of the charges for the review and processing time from the Roadway Production and the Traffic Engineering Divisions to be added to the cost of right-of-way construction permits and services; and
B) adopt a Resolution revising a schedule to increase the user fees approximately 10% to more closely match actual Palm Beach County (County) costs in the review and preparation of various Land Development permits and services, and to include the addition of a fee schedule for the Roadway Production and Traffic Engineering Divisions. This action will repeal the latest fee revision, Resolution R99-1071.
SUMMARY: Approval of
this motion would allow for and establish a new fee schedule to defray the plan
review costs of the Roadway Production and the Traffic Engineering Divisions,
for the required review of plans and permit applications proposing construction
within County rights-of-way. Approval will also update the current Land
Development Fee Schedule to increase the user fees approximately 10% to update
the current costs. This action will repeal the latest fee revision, Resolution
R99-1071. Countywide (MRE)
MAY 19, 2009
5. REGULAR
AGENDA
F. PARKS & RECREATION
1. Staff recommends
motion to:
A) approve the following proposed District 7 Recreation
Assistance Program (RAP) allocations in an amount not-to-exceed $92,800:
1) Aid
to Victims of Domestic Abuse, Inc. - 2009 5K Run/Walk ($2,500);
2)
Ballet Florida, Inc. - City Dance Program ($5,000);
3)
Boynton Beach - 2009 Heritage Festival ($7,000);
4) Care
& Share Foundation, Inc. - Pop Warner Dance Competition ($6,300);
5) Community Neighborhood Helping, Inc. - Glory
Awards/Community Projects ($5,000);
6)
Delta Heritage Foundation, Inc. - Delta GEMS College Tours ($6,500);
7)
Girls II Women, Inc. - 2009 College Tour ($5,000);
8) Knights of Pythagoras, Inc. - Black History
Brain Bowl/Mothers’ Day Program ($2,500);
9)
Greater Lake Worth Chamber of Commerce, Inc. - 4th of July Event
($8,500);
10) Nelson’s Outreach Ministries, Inc. - Summer
Camp Programs ($7,000);
11) Omnipotent Outreach Ministry, Inc. - Summer
Camp Program ($5,000);
12) Palm Beach Community College - Upward Bound
Summer Olympics ($5,000);
13) PB XXtreme Heat, Inc. - Basketball Program
($7,000);
14) Riviera Beach - Civil Drug Court 2008
Winter Wonderland ($2,500);
15) Roots Cultural Festival, Inc. - Community
Event ($5,000);
16) Sean
Greene Performing and Fine Arts Academy, Inc. - Dance Program ($8,000);
17)
United Sports and Social
Club, Inc. - Jamaican Independence Celebration ($5,000); and
B)
authorize for the County
Administrator or designee to execute standard RAP Agreements in the amounts
stated.
SUMMARY: The proposed RAP allocations included in this item were made by
Commissioner Addie Greene prior to her leaving office. Agreements for the projects are in various
stages of development, and several have been signed by recipients, but not yet
returned to the Board for approval.
Approval of this item will authorize the RAP expenditures and allow the
agreements to be executed by the County Administrator or his designee. Funding is from RAP District 7. District 7 (AH)
MAY 19, 2009
5. REGULAR
AGENDA
G. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: reallocation of $3 million of TDC-1st
Cent Tourism Local Option Tax Fund operating reserves to support a marketing
stimulus campaign for Convention and Visitors Bureau (CVB), Cultural Council,
Film and Television Commission and Sports Commission. SUMMARY: The TDC-1st Cent Tourism Local
Option Tax Fund is dedicated to the expansion of the Convention Center. However, at the March 17, 2009 BCC meeting,
the Board directed staff to restrict $10 million of budgeted operating reserve
funds for future year expenditures for the Convention Center and Stadium
renewal/replacement account. At this
time, staff is requesting $3 million of this fund reserves be reallocated to a
TDC multi-agency tourism stimulus strategy to market Palm Beach County to fly
and drive market travelers. This tourism stimulus strategy tactical investment
will be in following areas: A) Online (e-commerce) 41.48%, B) Broadcast
(Radio/TV) 20.46%, C) Print/Collateral 29.20%, D) Group/Sports Booking Rebates
8.30% and E) Direct Sales - .56%. As a
result of this effort, it is estimated that the decline in tourism will slow
and anticipate a jump start in the tourism industry in Palm Beach County. This campaign will be closely monitored and
measured to ensure these funds are being expended in a responsible manner. Approval of this item will require an
amendment of the Tourism Local Option Tax Ordinance. The proposed amendment is on this agenda for
preliminary reading and permission to advertise. The Public Hearing of the
Ordinance amendment is schedule for June 2, 2009. Countywide (MC)
2. Staff recommends to
approve on preliminary reading and advertise for Public Hearing on June 2,
2009, at 9:30 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Section 17-116 of the ode of laws and ordinances; as codified in the Tourist
Development Ordinance of Palm Beach County, Florida, Ordinance 95-30, as
amended; providing for an amendment to the tourist development plan to
authorize the expenditure of additional tourist development tax revenues for
the promotion and marketing of palm beach county tourism and to establish a
reserve for the repair and
maintenance of a professional sports stadium and a convention center; providing
for repeal of laws in conflict; providing for a savings clause; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for enforcement; providing for penalty; providing for applicability;
and providing for an effective date. SUMMARY:
This Ordinance provides for an amendment to the County’s Tourist
Development Plan to authorize the expenditure of the bed tax operating reserve
fund of the 1st Cent of the Tourist Development Tax (“bed tax”) for
a marketing stimulus campaign of $3 million to promote County tourism by all
agencies and to establish a reserve for repairs and maintenance of a
professional sports stadium and a convention center. Countywide (MC)
* * * * * * * * * * * *
MAY 19, 2009
6. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Fair Housing/Equal
Employment Board)
1. Staff recommends
motion to approve: reappointment of a member to the
Fair Housing/Equal Employment Board for a term beginning on January 10, 2009,
through January 9, 2011. The appointment is to be made from the following
nominees:
Nominee Nominated
By Seat No.
Keith Spruill Chairman Koons 7
Commissioner
Vana
Summary: Keith Spruill is a current member of the
Fair Housing/Equal Employment Board. Mr.
Spruill has indicated his willingness to be reappointed. The reappointment is at-large and for a two (2)
year term ending January 9, 2011. The
board is composed of nine (9) members.
Seven (7) members are district appointments and two (2) are at-large. The Ordinances require that the appointees
should reflect, to the greatest extent possible, representation from the
protected groups identified in the Ordinances and who have experience and
interest in equal opportunities. The board meets quarterly. A memorandum was sent to the Board of
County Commissioners on April 1, 2009 requesting nominations. No other
nominations were received. Countywide (TKF)
(Boca Raton Airport
Authority)
2. Staff recommends
motion to approve: reappointment
of the following individuals to the Boca Raton Airport Authority for a term of
two (2) years, effective June 2, 2009, through June 1, 2011:
Nominee Seat No. Seat
Requirement Nominated
by:
Janet Sherr 6 Greater
Boca Raton Comm.
Abrams
Airport
Reserve Area Comm. Aaronson
Willard “Bill” Schwartz 7 Greater Boca Raton Comm.
Abrams
Airport
Reserve Area Comm. Aaronson
SUMMARY: The Boca Raton
Airport Authority created by Chapter 2004-468, Laws of Florida, is composed of
seven (7) members: five (5) members are appointed by the City of Boca Raton and
must reside within the municipality; and two (2) members are appointed by the
Board of County Commissioners and the members must reside within the Greater
Boca Raton Reserve Area. The above two (2) County representatives’ terms will
expire June 1, 2009. Both
representatives have expressed a desire to continue on the Authority and are
eligible for reappointment. On April 22, 2009, a memo was distributed to the
BCC regarding nominations to the above Authority. No other nominations were received. District 4 (JB)
MAY 19, 2009
6. BOARD
APPOINTMENTS
B. FIRE RESCUE
(Fire Code
Board of Appeals and
Adjustments)
1. Staff recommends motion to approve: the appointment of four (4) members to the Fire Code Board of Appeals and Adjustments Committee for a three (3) year term, beginning on May 19, 2009, through May 18, 2012:
Appoint:
Nominee Category Seat
No. Nominated By
Jacek Tomasik Municipal Building Official 3 Comm. Koons
Ronald Goodstein Architect 4 Comm. Koons
Mark Galavan Fire Sprinkler Contractor 5 Comm. Koons
Jason Lee Mechanical Engineer 8 Comm. Koons
SUMMARY: The Fire Code Board of
Appeals and Adjustments is maintained in accordance with the Palm Beach County
Local Amendments to the Florida Fire Prevention Code (Ordinance 2008-045). The prior Architect appointee, Ed Oliver, no
longer met the qualifications for this appointment and resigned, thereby
creating a vacancy to be filled for Seat No. 4.
The prior appointments in Seats No. 3, 5 and 8 have expired. On April 2,
2009, a memo was distributed to the Commissioners requesting nominations to
this nine (9)-member board (At-Large). This Board is appointed by the Board of
County Commissioners and members serve three (3) year terms, with no limit on
the number of terms an individual may serve.
No other nominations were received. Countywide (SB)
C. PLANNING, ZONING & BUILDING
(Building Code Advisory Board)
1. Staff recommends
motion to approve: appointment
of the following individual to the Building Code Advisory Board, for the term
indicated below:
Appoint Seat Requirement Term Nominated By
Doug
Wise 2 Building
Official 5/19/09 – 5/18/2012 BOAPBC
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for board members is three (3) years; with no limit
to the number of terms a member may serve. Doug Wise is nominated by the
Building Officials Association of Palm Beach County, for a three (3) year term
until May 18, 2012. The Board is
composed of 16 members; seven (7) regional Building Officials who must be
appointed from nominees submitted by the Building Officials Association of Palm
Beach County; seven (7) members who must be appointed from nominees submitted
by the Construction Industry Management Council of Palm Beach County; one (1)
member who must be a registered Architect appointed from nominees submitted by
the Palm Beach County Chapter of the American Institute of Architects; and one
(1) member who must be a Professional Engineer appointed from nominees
submitted by the Palm Beach County Chapter of the Florida Engineering Society. Countywide
(GB)
MAY 19, 2009
6. BOARD
APPOINTMENTS
D. PUBLIC SAFETY
(Emergency Medical Services Advisory Council)
1. Staff recommends
motion to approve: the selection and appointment of one
(1) At-Large member to the
Emergency Medical Services Advisory Council for the term of May 19, 2009,
through May 18, 2011:
Nominee Representing Nominated by:
Robert
Hill Bethesda Hospital CEO Comm. Koons
Or
Robert
Kreiger Delray Beach Medical Center
CEO Comm.
Aaronson
Or
Gina
Melby JFK Medical
Center CEO Comm. Vana
Or
Mark
Nosacka
Good Samaritan Medical Center CEO Self
SUMMARY: A memo was
sent to all Board members on April 1, 2009 seeking nomination approvals for Seat
No. 18. No other appointments were received from the Board. Due to a recently approved additional seat to
the EMS Advisory Council, one (1) At Large seat is currently open. The above
nominees are seeking appointment and desire to serve a two (2) year term which
will begin May 19, 2009, through May 18, 2011. The EMS Council consists of 18
members who include 11 members that represent the various components of the EMS
system with specific requirements and seven (7) members that are Commission
District Consumer appointments. All nominees reside in Palm Beach County. Countywide
(DW)
E. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 19, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 19, 2009
8. 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
9. 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."