ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 2, 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 6 - 21)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 22)
5. PUBLIC HEARING - 9:30
A.M. (Page 23)
6. REGULAR
AGENDA (Pages 24 - 29)
TIME
CERTAIN 10:00 A.M. (2009 Legislative Session Final Report) (Page 24)
TIME
CERTAIN 2:15 P.M. (2009 Hurricane Preparedness Update) (Page 27)
7. BOARD
APPOINTMENTS (Page 30)
8. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 31)
9. STAFF
COMMENTS (Page 32)
10. COMMISSIONER
COMMENTS (Page 33)
11. ADJOURNMENT (Page 33)
* * * * * * * * * * *
JUNE 2, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Brownfield’s Economic Development Initiative
Grant Application to U.S. Department of Housing & Urban Development
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Report
of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Change
Order No. 12 with J.W. Cheatham for construction of Greenview Shores Blvd.
3C-2 Report
of plat recordations
Page 7
3C-3 Release
of easements in Westgate area with New County Cars of Palm Beach
3C-4 Joint Participation and Project Funding
Agreement with Town of Jupiter for utility construction on Alternate A1A
3C-5 Joint Participation and Project Funding
Agreement with City of West Palm Beach for utility construction on Okeechobee
Boulevard
3C-6 Joint Participation and Project Funding
Agreement with Town of Jupiter for utility construction on Jog Road
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 8
3E-1 Application
to Florida Department of Education for Summer Food Program
3E-2 Request for Proposal response for Community
Care for the Elderly, Alzheimer’s Disease Initiative, and Home Care for the
Elderly with Area Agency on Aging
3E-3 Project Application with Florida Department
of Education for Farmworker Jobs & Education Program
F. AIRPORTS
Page 9
3F-1 Utility
Easement Agreement w/FPL for utility service to Glades Airport
3F-2 Receive
and file six (6) standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 9
3G-1 Certify
the non ad-valorem assessment roll
Page 10
3G-2 Budget Transfer/Amendments related to the
$94,235,000 Public Improvement Revenue Bonds
Page 11
3G-3 Disaster
Relief Agreement with Florida Department of Community Affairs
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 JOC Work Order No. 09-096 with M.A.C.
Construction for exterior caulking of the Government Center
3H-2 Renewal
of Lease Agreement with School Board regarding Delray Full Start Center
3H-3 Receive and file change of ownership of
building leased for Tourist Development Council
Page 13
3H-4 Renewal
of Lease Agreement with Bedner Farm, Inc. for 246 acres for agricultural
JUNE 2, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 13
3I-1 Release
of Reverter on land donated to City of West Palm Beach for affordable housing
Page 14
3I-2 Five
(5) amendments to Emergency Shelter Grants Program agreements
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 15
3K-1 Contract with Sheltra & Son Construction
Company for potable water, reclaimed water, wastewater pipelines, manholes and
lift stations
3K-2 Consultant Services Authorization No. 23
with Jordan Jones and Goulding for East Central Regional Water Reclamation
Facility construction administration
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 15
3L-1 Contract
with Weeks Marine, Inc. for Juno Beach Shore Projection 2nd
Nourishment project
Page 16
3L-2 FDOT
Local Agency Program Agreement regarding Bluegill Trail construction costs
Page 17
3L-3 Change Order No. 1 with M&J Construction
Company for artificial reef and breakwater projects
3L-4 Corrective
Deed for Conservation Easement in Old Gate Subdivision
M. PARKS & RECREATION
Page 18
3M-1 Receive
and file two (2) independent contractor agreements for Parks & Recreation
3M-2 Recreation
Assistance Program allocation for swimming lessons at Pioneer Park Pool
3M-3 Budget
Transfer to Saltwater Boat Ramp Trailer Parking Program
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 18
3Q-1 Submittal of four (4) grant proposals to FDLE
for Edward Byrne Memorial Justice Assistance Grant Program
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
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
JUNE 2, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Z. RISK MANAGEMENT
Page 19
3Z-1 Medicare, Medicaid, and SCHIP Extension Act
new mandatory reporting requirements compliance
AA. PALM TRAN
Page 19
3AA-1 Transportation Disadvantaged Trip and Equipment
Grant Application with Florida Commission for the Transportation Disadvantaged
3AA-2 FDOT Supplemental Joint Participation Agreement regarding park and
ride lots
Page 20
3AA-3 Budget Amendments regarding operating funding for mass transit grants
3AA-4 FDOT Supplemental Joint Participation Agreement
regarding park and ride lots in Palm Beach and Martin Counties relative to the
Palm Beach/Martin express bus services
BB. TOURIST DEVELOPMENT COUNCIL
Page 21
3BB-1 Super Bowl 2010 expenditure to promote Palm Beach County tourism
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 22
4A World Refugee Day
4B Dump the Pump Day
PUBLIC HEARING - 9:30 A.M.
Page 23
5A Tourist
Development Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 24
6A-1 2009
Legislative Session final report – TIME
CERTAIN 10:00 A.M.
6A-2 Resolution
supporting a National Health Care system
6A-3 Supervisor
of Election’s Voter Equipment Center location
Page 25
6A-4 Resolution supporting TBC Parent Holding
Corporation for Florida’s Qualified Target Industry Tax Refund Program
HOUSING & COMMUNITY DEVELOPMENT
Page 25
6B-1 Amendment
No. 1 to Residential Rehabilitation Program policies
Page 26
6B-2 11th
Amendment to Palm Beach County FY 2008-2009 Action Plan
PLANNING,
ZONING & BUILDING
Page 26
6C-1 Budget
Transfer/Amendment regarding demolition of damaged properties
PUBLIC
SAFETY
Page 27
6D-1 Animal
Care & Control Ordinance
6D-2 2009
Hurricane Preparedness Update – TIME
CERTAIN 2:15 P.M.
JUNE 2, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
WATER
UTILITIES
Page 27
6E-1 Wastewater
Facilities Use Ordinance
ENGINEERING
& PUBLIC WORKS
Page 28
6F-1 Land
Development fees
6F-2 Fargo
Avenue paving
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 29
6G-1 Line
of Credit with Wachovia for four (4) bond issues
BOARD
APPOINTMENTS (Page 30)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 31)
STAFF
COMMENTS (Page 32)
COMMISSIONER
COMMENTS (Page 33)
ADJOURNMENT (Page 33)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution authorizing the submittal of a $1 million
Brownfield’s Economic Development Initiative (BEDI) Grant Application and a new
$4 million Section 108 Federal Loan Application to the U.S. Department of
Housing and Urban Development. SUMMARY: The Pahokee Downtown Revitalization Project is a $8.5 million
public-private partnership represented by 11 private business owners seeking to
renovate 16 commercial properties along 12 city blocks in downtown Pahokee. The
present condition of the commercial buildings on downtown Pahokee warrants a
revitalization initiative that will encourage business development in this
economically distressed area of the County. If this grant and loan are awarded
to Palm Beach County, the BEDI Grant will represent 12 % ($1M) and the Section
108 Loan 47% ($4M) of the total project cost. The remaining balance will be
financed by the private sector and a Bond Program. No County funds will be pledged to complete this project. District 6 (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular April
7, 2009
Environmental
Control Board April 7,
2009
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to review for sufficiency and to receive and file: Report of County
Officials Bonds for the Board’s examination as to the sufficiency of the
sureties, dated June 2009. SUMMARY: Ordinance
98-51 sets various bond amounts for specified county officers and provides for
examination of the sufficiency of all the bonds at the regular meeting of the
Board of County Commissioners, in January and June of each year. Countywide (PK)
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to ratify: Change Order No. 12 to Contract No. R2007-0010 with
J.W. Cheatham, LLC for construction of Greenview Shores Boulevard from South
Shore Boulevard to Wellington Trace. SUMMARY:
Change Order No. 12 for the amount of $31,826.48 and a three (3) day time
extension was for drainage modifications due to errors and omissions in design.
This Change Order was previously approved by the Contract Review Committee. District 2 (MRE)
2. Staff recommends motion to receive and file: a report of plat recordations from January 1, through March 31, 2009. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by Department of Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11, governing administrative approval of plats by the County Engineer. Countywide (MRE)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS
(Cont’d)
3. Staff recommends motion to approve: a Release of Easements owned by Palm Beach County (County) in the Westgate area, south of Okeechobee Boulevard between Indian Road and Wabasso Drive. SUMMARY: Approval of this item will release the County’s interest in the existing easements, which are not being used by New County Cars of Palm Beach, LLC (New County Cars) or by the County, and said easements have been replaced by a new drainage easement New County Cars. District 2 (PFK)
4. Staff recommends
motion to approve: a Joint Participation and Project Funding Agreement
with the Town of Jupiter (Town) in the amount of $11,747 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 Town to jointly participate in the utility
adjustments to the water system and other improvements along the right-of-way.
The Town agrees to reimburse the County for the cost of these utility
adjustments and other improvements. District
1 (MRE)
5. Staff recommends
motion to approve: a Joint Participation and Project Funding Agreement
with the City of West Palm Beach (City) in the amount of $148,102.90 for
utility construction on Okeechobee Boulevard from West of SR 7 to Jog Road. SUMMARY:
Approval of this Agreement will
allow Palm Beach County (County) and the City to jointly participate in
the utility adjustments to the water system and other improvements along the
right-of-way. The City agrees to reimburse the County for the cost of these
utility adjustments and other improvements. District 6 (MRE)
6. Staff recommends
motion to approve:
A) a Joint Participation and Project Funding
Agreement with the Town of Jupiter (Town) in the amount of $ 8,100 for utility
construction on Jog Road/Donald Ross Road from Hood Road to 64th
Drive North; and
B) a Budget Amendment of $8,100 in the Road
Impact Fee Fund - Zone 1 to recognize reimbursement funding from the Town of
Jupiter for reimbursable utility work and appropriate it to Jog Road/Donald Ross Road from Hood Road
to 64th Drive North.
SUMMARY: Approval of this Agreement will allow Palm Beach County (County) and the Town to jointly participate in the utility
adjustments to the water system and other improvements along the right-of-way.
The Town agrees to reimburse the County for the cost of these utility
adjustments and other improvements. Approval of this Budget Amendment will
reflect the funding by the Town for the utility improvements to be incorporated
into the County’s construction of the project. District 1 (MRE)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) ratify the Chairman’s
signature on the application to the Florida Department of Education (DOE) for
participation in the Summer Food Service Program (SFSP) for the period of June 4, 2009, through August
14, 2009, in an amount not to exceed $683,878 to provide nutritious meals for
children; and
B) approve an upward Budget Amendment of $147,016 in the General Fund, Human
Services contingent upon the grant award.
Summary: This program funds
approximately 71 sites where meals will be provided to children 18 years and
younger. These sites will provide a maximum of 2,655 breakfasts; 4,757 lunches;
and 2,292 snacks daily during the summer months. A budget amendment is needed
to recognize the increase in revenue which is based on meal count and new
reimbursement rate. No County funds are required. (Human Services) Countywide (TKF)
2. Staff recommends
motion to ratify: the
Chairman’s signature on the Request for Proposal (RFP) response for the
Community Care for the Elderly (CCE) grant amount of $1,254,217; for the
Alzheimer’s Disease Initiative - Respite
Services (ADI) grant amount of $255,311; and for the Home Care for the Elderly
(HCE) grant amount of $103,769, for State funds totaling $1,613,297 with the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period
July 1, 2009, through June 30, 2010 for various services to the elderly, with
two (2) one (1) year renewal options. Summary:
The RFP encompasses Department of Elder Affairs (DoEA) funded programs
managed by the AAA including CCE, ADI and HCE. It also includes $96,505 in HCE
Subsidy funds to be paid directly to the clients by AAA. As a lead Agency, Division of Senior Services
(DOSS) will provide case management, case aide and adult day care services
directly and will contract with vendors to provide a variety of in-home services
to assist functionally impaired elderly persons in living independently at
home. A required 10% County match
funding for CCE and ADI only of $139,357, and $28,368 respectively and
additional County match funding (over match) of $466,312 is needed for the
three (3) grants to cover staff salaries and administrative costs not covered
by the grants. The contract period will span two (2) County fiscal years. Sufficient funding is available in the FY 2009
budget to meet County obligations.
County match and additional funding required to meet FY 2010 obligations
has been requested in the FY 2010 budget.
The response to the RFP was submitted through the emergency signature
process due to the requirement of the AAA that it be returned by May 1, 2009
and there was insufficient time to submit it through the regular agenda
process. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
3. Staff recommends
motion to approve: Project
Application with the Florida Department of Education for the Farmworker Jobs
& Education Program under Title I of the Workforce Investment Act, for the
period July 1, 2009, through June 30, 2010, for a not-to-exceed amount of $328,582.
Summary: The Farmworker Jobs & Education
Program (formerly Adult Migrant Program) is funded by the State Department of
Education to provide academic education and vocational training to farm workers
and their dependents to get permanent employment outside of farm work. The FY
2009-2010 program will provide enrollment and training services for 147
participants. No County funds are
required. (Farmworker Jobs & Education Program) Countywide (TKF)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends motion
to approve: a Utility
Easement Agreement with Florida Power & Light for utility service to Palm
Beach County Glades Airport. SUMMARY: Florida Power & Light is requiring the
County to grant a utility easement for electric utility facilities being installed
to provide utility service at Palm Beach County Glades (Pahokee) Airport. Countywide
(JMB)
2. Staff recommends
motion to receive and file: six (6) original Agreements for the Department of
Airports:
A) Agreement to Terminate Hangar Lease
Agreement with Robert Thrun, Unit 4, Building 11230 at North County Airport,
terminating R2005-0018 on April 30, 2009;
B) North County General Aviation Airport Hangar
Lease Agreement with Avion Partners, LLC, Unit 4, Building 11230 for one (1)
year, automatically renewed at one (1) year intervals, commencing on May 1,
2009;
C) North County General Aviation Airport Hangar
Lease Agreement with Malcolm S. Easterling, Unit 18, Building 11730 for one (1)
year, automatically renewed at one (1) year intervals, commencing on May 1,
2009;
D) North County General Aviation Airport Hangar
Lease Agreement with Wendy Air, LLC, Unit 18, Building 11300 for one (1) year,
automatically renewed at one (1) year intervals, commencing on May 1, 2009;
E) License Agreement with Enterprise Leasing
Company for sole and exclusive use of parking vehicles at PBIA in connection
with their Concession Agreement and their leasing and wholesale sales business;
and
F) Agreement covering the operation of aircraft
at PBIA with Spirit Airlines, Inc., commencing November 1, 2008, expiring September
30, 2009, and automatically extended on a year-to-year basis (October 1st
through September 30th).
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the BCC
in R2004-1367, R2007-1968, R2007-2070 and R2008-1845. Countywide (JB)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to authorize: the
Chairman to certify the non ad-valorem assessment roll on electronic media to
the Tax Collector pursuant to Chapter 197, Florida Statutes. SUMMARY: In 1998, the County began using the Uniform Method
of collecting non-ad valorem special assessments. Under this procedure, special
assessments are included on the tax bills.
Each year the non-ad valorem assessment roll must be certified to the
Tax Collector by September 15. Countywide (PFK)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve:
A) Budget Amendment of $431,514 in the $27 Million Sunshine Loan No. 7A,
Series 2005 Debt Service Fund to record interest earnings and the transfer from
the $27 Million Sunshine Loan No. 7 Debt Service Reserve Fund and adjust the
principal payments, payments to refunding bond escrow agent and the transfer to
$94.235M Public Improvement Revenue Bonds, Series 2008-2 Max Planck/Sunshine
Loan Refunding Debt Service Fund in accordance with the final payoff of the
loan;
B) Budget Transfer of $431,500 in the $27 Million Sunshine Loan No. 7A,
Series 2005 Debt Service Reserve Fund to record the transfer of reserves for
future debt service payments to the $27 Million Sunshine Loan No 7A Series 2005
Debt Service Fund due to refunding the Bonds;
C) Budget Amendment of $97,210 in the $6.1 Million Sunshine Loan No. 8, Series
2006 Debt Service Fund to record interest earnings and the transfer from the
$6.1 Million Sunshine Loan No. 8, Series 2006 Debt Service Reserve Fund and
adjust the principal payments, payments to refunding bond escrow agent and the
transfer to $94.235M Public Improvement Revenue Bonds, Series 2008-2 Max
Planck/Sunshine Loan Refunding Debt Service Fund in accordance with the final
payoff of the loan;
D) Budget Transfer of $94,250 in the $6.1 Million Sunshine Loan No. 8,
Series 2006 Debt Service Reserve Fund to record the transfer of reserves for
future debt service payments to the $6.1 Million Sunshine Loan No. 8 Series
2006 Debt Service Fund due to refunding the Bonds;
E) Budget Amendment of $132,298 in the $8.1 Million Sunshine Loan No. 9,
Series 2006 Debt Service Fund to record interest earnings and the transfer from
the $8.1 Million Sunshine Loan No. 9, Series 2006 Debt Service Reserve Fund and
adjust the principal payments, payments to refunding bond escrow agent and the
transfer to $94.235M Public Improvement Revenue Bonds, Series 2008-2 Max
Planck/Sunshine Loan Refunding Debt Service Fund in accordance with the final
payoff of the loan;
F) Budget Transfer of $133,040 in the $8.1 Million Sunshine Loan No. 9,
Series 2006 Debt Service Reserve Fund to record the transfer of reserves for
future debt service payments to the $8.1 Million Sunshine Loan No 9, Series
2006 Debt Service Fund due to refunding the Bonds;
G) Budget Amendment of $124,112 in the $7.5 Million Sunshine Loan No. 7B,
Series 2006 Debt Service Fund to record interest earnings and the transfer from
the $7.5 Million Sunshine Loan No. 7B, Series 2006 Debt Service Reserve Fund
and adjust the principal payments, payments to refunding bond escrow agent and
the transfer to $94.235M Public Improvement Revenue Bonds, Series 2008-2 Max
Planck/Sunshine Loan Refunding Debt Service Fund in accordance with the final
payoff of the loan;
H) Budget Transfer of $124,048 in the $7.5 Million Sunshine Loan No. 7B,
Series 2006 Debt Service Reserve Fund to record the transfer of reserves for
future debt service payments to the $7.5 Million Sunshine Loan No 7B, Series
2006 Debt Service Fund due to refunding the Bonds;
I) Budget Amendment of $83,979 in the $4.8 Million Sunshine Loan No. 11,
Series 2007 Debt Service Fund to record interest earnings and the transfer from
the $4.8 Million Sunshine Loan No. 11, Series 2007 Debt Service Reserve Fund
and adjust the principal payments, payments to refunding bond escrow agent and
the transfer to $94.235M Public Improvement Revenue Bonds, Series 2008-2 Max
Planck/Sunshine Loan Refunding Debt Service Fund in accordance with the final
payoff of the loan;
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Motion/Title/Summary
Continued
J) Budget Transfer of $82,710 in the $4.8 Million Sunshine Loan No. 11,
Series 2007 Debt Service Reserve Fund to record the transfer of reserves for
future debt service payments to the $4.8 Million Sunshine Loan No 11, Series
2007 Debt Service Fund due to refunding the Bonds; and
K) Budget Amendment of $97,723 in the $94.235M Public Improvement Revenue
Bonds, Series 2008-2 Max Planck/Sunshine Loans Refunding Debt Service Fund to
adjust transfers from the various Sunshine Loan Debt Service Funds and reserves
for future debt service payments.
SUMMARY: On November 13, 2008, the County issued
$94,235,000 Public Improvement Revenue Bonds, Series 2008-2 for the purpose of
funding payments required under the Grant Agreement with Max Planck Florida Corporation
and providing funds to refinance the County obligations to the Sunshine State
Governmental Financing Commission. The
final payment to refund the Sunshine State Governmental Financing Commissions
Loans (the Loans) was made in February 2009. In coordination with the trustee
for the Loans, staff has prepared a final accounting for the pay off of the
Loans and the above Budget Amendments and Transfers are necessary to adjust the
Sunshine State loan funds and the transfers from Sunshine State loan funds to
the Series 2008-2 Bonds debt service fund for reserves for future debt service
payments. Countywide (PFK)
3. Staff recommends
motion to:
A) adopt a Resolution approving the Disaster Relief Agreement
between the State of Florida, Department of Community Affairs, Division of
Emergency Management (Grantee) and Palm Beach County (Sub-Grantee) establishing
the County’s eligibility to receive reimbursement for costs incurred as a result
of damage caused by Tropical Storm Fay that began August 18, 2008; and
B) authorize
Chairman or designee and County Administrator or designee to execute and file
with any assurances or other documents required to effectuate the purposes of
the Agreement.
SUMMARY: The President of the
United States declared a major disaster emergency for the entire State of
Florida on August 24, 2008, in FEMA-1785-DR-FL making federal funds available
to reimburse Palm Beach County on a limited basis (75%) for qualifying
expenditures incurred as a result of Tropical Storm Fay that began August 18,
2008. Approval of this Disaster Relief Agreement is a prerequisite to obtaining
reimbursement of expenditures. Authorizing the Chairman and County
Administrator or their designees to provide supporting documentation will speed
the reimbursement process. Countywide (PK)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff
recommends motion to approve: JOC Work Order No. 09-096 with
M.A.C. Construction, Inc., (R2007-0949) in the amount of $400,335.89 to replace
the exterior caulking of the Government Center Building in West Palm Beach. SUMMARY: The work consists of removal and
replacement of all exterior caulking including resealing of all building
joints: all concrete to concrete joints, concrete to metal joints, metal to
metal joints, glass to metal joints, and the skylight; with a weatherproofing sealant
applied to all stucco surfaces. The
Small Business Enterprise (SBE) goal is 15%. The SBE participation in this Work Order is
0%. When the participation for this Work
Order is added to M.A.C.=s total
participation-to-date, the resulting values are 17.4%. The total construction duration is 180 days.
All funding for this project is from the Countywide Repair, Replace and
Renovate account. (FD&O Admin) Countywide/District 7 (JM)
2. Staff recommends
motion to approve: exercise of the second and final option to
extend the term of the Lease Agreement (R2002-1349), as amended with the School
Board of Palm Beach County for the County=s
continued use of approximately 300 sq. ft. of office space within the Delray
Full Service Center, for $1/year. SUMMARY: Since 2002, the County has leased
approximately 300 sq. ft. of office space at the School Board=s
Delray Full Service Center, located at 301 Southwest 14th Avenue,
Delray Beach, for the operation of a Community Outreach Program. This second and final option will extend the
term of the Lease Agreement from August 20, 2009 through August 19, 2010. The
School Board provides all electricity, trash removal, utility service, and
general maintenance to the leased facility.
The annual rent is $1. All other
terms of the Lease Agreement remain unchanged. (PREM) District 7 (HJF)
3. Staff recommends
motion to receive and file: a
notice of a change of ownership of the building located at 1555 Palm Beach
Lakes Boulevard in West Palm Beach, a portion of which is leased by the County
on behalf of the Tourist Development Council (R2001-0483). SUMMARY: On April 3, 2001, the Board approved a Lease
Agreement with Edwin Llwyd Ecclestone, Jr., Trustee of the Edwin Llwyd
Ecclestone, Jr. Revocable Living Trust dated January 21, 1981 as wholly
restated on September 1, 1998 doing business as the Republic Security Bank
Tower (Trust) for 22,342 sq. ft. of office space located at 1555 Palm Beach
Lakes Boulevard in West Palm Beach for the Tourist Development Council. On
December, 4, 2001, the Board approved Amendment Number One (R2001-2109) which
expanded the leased premises by 1,243 sq. ft. to 23,585 sq. ft. for use by the
Convention and Visitors Bureau. On March
19, 2009, the County received notice, in accordance with Section 14.01 of the
Lease Agreement, that: (i) the Trust conveyed the real property to Regions
Financial Tower, LLLP, (ii) all payments shall be made payable to Regions
Financial Tower, LLLP, and (iii) all notices and payments shall be mailed to
Regions Financial Tower, LLLP, 1555 Palm Beach Lakes Boulevard, Suite 1100,
West Palm Beach, Florida, 33401. (PREM) District
2 (HJF)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to receive and file: notice
of exercise of the extension option under the Lease Agreement with
Bedner Farm, Inc. (R2001-0582) for Bedner Farm’s continued agricultural use of
approximately 246 acres located in unincorporated western Boynton Beach and
unincorporated western Delray Beach. SUMMARY:
On April 17, 2001, the Board approved the Lease Agreement with Bedner Farm,
Inc. for use of two (2) parcels of property, approximately 90 acres in west
Delray Beach and approximately 156 acres in west Boynton Beach. The initial term of the Lease Agreement was
for one (1) year ending on May 31, 2002, with nine (9) one (1) year extension
options. On May 15, 2007, the Board
approved a First Amendment to Lease (R2007-0827) providing Bedner Farm, Inc. 12
additional one (1) year options to extend the term of the Lease Agreement. Exercising this eighth option will extend the
term of the Lease Agreement from June 1, 2009, through May 31, 2010. There remain 13 annual extension options
through May 31, 2023. The annual rental
rate will remain at $162,084 (approximately $659 per acre). Pursuant to the
terms of the Lease Agreement, Bedner Farm, Inc. has the right to exercise its
option and the Board has no discretionary authority to not allow the exercise
of the option. All other terms and
conditions of the Lease Agreement shall remain in full force and effect. (PREM)
District 5 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: a Release of Reverter on a parcel of land donated to the City of West Palm Beach for affordable housing development. SUMMARY: On November 25, 1986, the Board of County Commissioners conditionally transferred title to three (3) parcels of land to the City of West Palm Beach (the City). The original County deed required the land to be utilized in the City’s “Infill Housing Program.” The land parcels were subsequently transferred to the West Palm Beach Housing Authority (the Housing Authority) for the development of an affordable housing project known as “Merry Place.” The Housing Authority has since developed affordable rental housing on one of the sites with all units being occupied. The Housing Authority’s permanent lender is now seeking clear title on the parcel where the affordable rental housing units have been built. The development and full occupancy of this affordable rental housing project satisfies the conditions set forth in the original County deed executed on November 25, 1986. As a result, a release from the original reverter conditions is requested. The other two (2) parcels originally transferred to the City of West Palm Beach will remain with the reverter provisions intact. District 7 (TKF)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: five (5) Amendments totaling $16,000 to Agreements
under the Emergency Shelter Grants Program (ESGP) with the following nonprofit
agencies for the period October 1, 2008, to September 30, 2009:
A)
Amendment No. 001 to an Agreement with Aid to Victims of Domestic Abuse,
Inc. (R2008-1892) for an additional $3,200 to increase the amount funded from
$22,860 to $26,060;
B)
Amendment No. 001 to
an Agreement with Children’s Home Society of Florida, Inc. (R2008-1894) for an
additional $3,200 to increase the amount funded from $22,870 to $26,070;
C)
Amendment No. 001 to an Agreement with Faith-Hope-Love-Charity, Inc.
(R2008-1897) for an additional $3,200 to increase the amount funded from
$22,860 to $26,060;
D)
Amendment No. 001 to an Agreement with Florida Resource Center for Women
and Children, Inc. (R2008-1899) for an additional $3,200 to increase the amount
funded from $22,860 to $26,060; and
E)
Amendment No. 001 to an Agreement with The Lord’s Place, Inc. (R2008-1900) for
an additional $3,200 to increase the amount funded from $22,860 to $26,060.
SUMMARY:
Housing and Community Development (HCD) has identified $16,002.18 in ESGP funds that are available for
re-programming. These funds are derived from unexpended ESGP funds which
were awarded to five (5) sub-recipients during FY 2007-2008 and whose
Agreements with the County expired on September 30, 2008. The funds are recommended to be awarded equally
($3,200) to the following agencies: Aid to Victims of Domestic Abuse,
Inc., Children’s Home Society of Florida, Inc., Faith-Hope-Love-Charity,
Inc., Florida Resource Center for Women
and Children, Inc., and The Lord’s
Place, Inc. All of the above named
agencies have current FY 2008-2009 ESGP Agreements with the County to which the
additional funds will be added. The
criteria used to select the agencies which are being recommended to receive
these funds was formulated by the ESGP Advisory Board and are as follows: agencies have expended all of the funding
received in FY 2007-2008 and most of their FY 2008-2009 ESGP award: performed
well in terms of meeting their contractual goals; and funds be distributed to
sub-recipients whose contracted activity is “Operation and Maintenance” of a
homeless shelter. These are Federal ESGP
funds and the required match will be met by the agency. These
Federal funds require a local match which is provided by the sub-recipient agencies. Countywide (TKF)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends motion to approve: a unit price contract with Sheltra & Son Construction Co., Inc. for the Water Utilities Department Continuing Construction Contract to install potable water, reclaimed water, wastewater pipelines, manholes and lift stations over an 18 month term in a cumulative amount not to exceed $6,238,320. SUMMARY: On April 8, 2009, ten (10) bids were received for the Water Utilities Department Continuing Construction Contract. Sheltra & Son Construction Co., Inc. is the lowest responsible and responsive bidder. This Contract will be used to expedite utility special assessment projects, federally funded utility improvement projects for the Belle Glade, Pahokee and South Bay Areas and other pipeline and lift stations projects where timing is critical. The Contract by itself does not guarantee nor authorize Sheltra & Son Construction Co. to perform any work. Work will be assigned during the 18 month contract period by formal work authorizations drawn against this Contract, with approvals pursuant to PPM CW-F-050 and requirements for any Federally funded projects. The unit prices contained in this Contract will be used in determining the cost of work authorizations. Supplements to work authorizations for changes that occur during construction will be subject to the change order limits for construction contracts as established under PPM CW-F-050 with each work authorization considered as an individual construction contract. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with Sheltra & Son Construction Co., Inc. provides for SBE participation of 15.62% overall. (WUD Project No. 09-044) Districts 1, 2, 3, 5 & 6 (JM)
2. Staff recommends
motion to approve: Consultant Service Authorization No. 23 to the Contract with Jordan Jones and
Goulding, Inc. (JJG) (R2008-0527) for the East
Central Regional Water Reclamation Facility (ECRWRF) Reclaimed Water
Facility Construction Administration in the amount $478,500. SUMMARY: This Consultant Service
Authorization provides limited construction
management services and startup assistance during construction of the ECRWRF
Reclaimed Water Facility to serve the Florida Power and Light (FPL) West County
Energy Center. The balance of
construction management services will be provided by Water Utilities Department
staff. FPL will reimburse the
County for all costs associated with the implementation of this Authorization. The contract
with JJG includes the Small Business
Enterprise (SBE) participation goal of 28%,
which exceeds the 15% goal established by the Palm Beach County Ordinance (No.
2002-064). This Consultant Services Authorization includes 40.23% overall participation. The consultant’s cumulative
SBE participation, including this Authorization, is 38.24% overall. (WUD
Project No. 08-031) District 2 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Contract
with Weeks Marine, Inc. in the amount of $9,037,108 for
the construction of Juno Beach Shore Protection 2nd Nourishment
Project No. 2009ERM01 (Project). SUMMARY:
Three (3) bids were received for this Project. Weeks
Marine, Inc. was the lowest responsive, responsible bidder with 0% Small
Business Enterprise (SBE) participation, which does not meet the
established 15% goal. However, the
second low bid also fell outside the range for the ranking of SBE responsive
consideration. The Project includes offshore
dredging and constructed placement of fill along 2.4 miles of publicly
accessible beach in Juno Beach and Jupiter.
Beach work on this Contract will not commence until November 1,
2009. The Contract is funded from a
combination of State grant dollars, and tourist development taxes, interest,
and ad valorem funds. $2.5 million has
been identified in FEMA project worksheets for reimbursement due to impacts
from Hurricanes Frances and Jeanne on Juno Beach. Additional FEMA funding has
been requested for impacts due to Tropical Storm Fay. District 1
(JM)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to:
A) approve State of Florida Department of Transportation Local Agency Program Agreement (Agreement) in an amount not to exceed $1,250,000 for reimbursement of construction costs of Bluegill Trail from Riverbend Park to Sandhill Crane Park (FM No. 423809-1-58-01);
B) approve Budget Amendment of $1,250,000 in the Environmental Capital Projects 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 Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: The Agreement will encumber $750,000 in Florida Stimulus Scenic Enhancement funds from the American Recovery and Reinvestment Act and $500,000 in Florida Department of Transportation – Transportation Enhancement program funds to reimburse the cost of constructing the bicycle/pedestrian portion of the Northeast Everglades Natural Area Bluegill Trail. The project includes a 5.5 mile-long, ten-foot wide crushed concrete trail, a steel and concrete bridge over the Canal C-18E, a chickee shade shelter and informational signs. No County match is required. The trail connects the City of Palm Beach Gardens Sandhill Crane Access Park to Riverbend Park utilizing the eastern levee of the South Florida Water Management District Canal C-18E to traverse the Loxahatchee Slough Natural Area. The Agreement will expire December 31, 2011. Specific federal requirements for contract bidding and job reporting apply. District 1 (JMB)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve Change Order No. 1 to the Primary Contract for the Palm Beach County Annual Artificial Reef & Breakwater Project No. 2008ERM04 (R2008-1667) with M&J Construction Company of Pinellas County, Inc. (M&J) to increase the Contract by $1,332,002 to a not-to-exceed amount of $3,992,436;
B) authorize M&J
to complete additional construction of the Riviera Beach Mitigation Reef in the
amount of $141,491 and to construct the Ocean Ridge Mitigation Reef in the
amount of $1,266,032, under work orders, in accordance with M&J’s annual
Contract (R2008-1667); and
C) authorize County
Administrator, or his designee, to sign the work orders for the Riviera Beach Mitigation Reef and the Ocean Ridge
Mitigation Reef projects.
SUMMARY: Staff request Board approval of Change Order No. 1 to
increase the amount of work for the M&J Contract (R2008-1667) by
$1,332,002. Change Order No. 1 includes:
1) reducing the unit costs of the ton/mile transport of artificial reef
materials by barge to $3.54 per ton-mile 10 miles or greater from the staging
site; and 2) increasing work including the completion of the Riviera Beach
Mitigation Reef and the Ocean Ridge Mitigation Reef. Small Business Enterprise (SBE) goal of
21.04% as set forth in the Contract will remain in effect with greater detail
provided in the work orders. In addition, staff seeks BCC authorization to
execute two (2) additional work orders for the construction of these two (2)
mitigation reef projects. These projects were obligated as permitting
requirements for mitigation for work previously performed in the areas of Juno
Beach, Jupiter Inlet and Ocean Ridge Shoreline Protection projects. The Riviera
Beach Mitigation Reef is funded from a combination of Jupiter Inlet District
Revenues, Tourist Development Taxes, ad valorem and interest earnings in the
Beach Improvement Fund. The Ocean Ridge
Mitigation Reef is funded 39% by the Florida Department of Environmental
Protection and 61% from a combination of Tourist Development Taxes, ad valorem
and interest earnings in the Beach Improvement Fund. Countywide (JM)
4. Staff recommends motion to approve: a Corrective Deed of Conservation Easement, which corrects omissions in an existing Conservation Easement held by Palm Beach County. SUMMARY: Old Gate Subdivision is a small four-lot subdivision bordering the Intracoastal Waterway just south of Donald Ross Road. The Corrective Deed of Conservation Easement allows minor trimming of existing mangroves as necessary for docks as may be authorized by State or Federal permitting authorities. Unincorporated (JB)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received
during the month of April:
A) Jessica Gruber, Swimming Instructor, Therapeutic Recreation Complex;
and
B) Caroline
Karolinko, Synchronized Swimming Instructor, Aqua Crest Pool.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item.
The Independent Contractor Agreements have been fully executed on behalf
of the Board of County Commissioners by the County
Administrator/Director/Assistant Director of the Parks and Recreation Department
in accordance with Resolution 94-422, amended by Resolutions 02-2103 and
07-0409, and are now being submitted to the Board to receive and file. Districts 3 & 7 (AH)
2. Staff recommends
motion to approve: Recreation
Assistance Program allocation to the Parks and Recreation Department in an
amount not-to-exceed $2,250 to fund swimming lessons at Pioneer Park Pool. Summary: This
allocation provides $2,250 to fund swimming lessons at Pioneer Park Pool
in Belle Glade. The Palm Beach
County Drowning Prevention Coalition will distribute vouchers also known as
“Drowning Prevention Bucks” to the public which may be redeemed for swimming
lesson at Pioneer Park Pool. Funding is from the Recreation Assistance Program
(RAP) District 6 Funds. District 6 (AH)
3. Staff recommends
motion to approve: Budget
Transfer of $160,000 within the $50 Million General Obligation 2005 Waterfront
Access Bond fund from Reserves to Saltwater Boat Ramp Trailer Parking Program. Summary: This Budget
Transfer is necessary to fund the purchase and installation of ten (10) parking
fee kiosks to be located within five (5) saltwater boat ramp parks. Purchase and Installation costs include the
kiosks, citation units, signage, pavement striping, space identification,
software, and other related items. Districts 1 & 7 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to:
A) approve the submittal of the following four (4) grant
proposals to the Florida Department of Law Enforcement (FDLE) for the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program: 1) State Attorney’s
Office, 15th Judicial Circuit for COMBAT program positions for
$180,000; 2) Palm Beach County Criminal Justice Commission Youth Violence
Prevention Project for $1,691,582; 3) Palm Beach County Weed & Seed Program
in Delray Beach, Riviera Beach and West Palm Beach for $200,000; and 4) City of
West Palm Beach Community Justice Service Center for $400,000 for the period
October 1, 2009, through September 30, 2010; and
B) authorize the Criminal Justice Commission’s Executive
Director, through the County Administrator, to execute electronically all
related documents for the FY 2010 Edward Byrne Memorial Justice Assistance
Grant Program and to execute all necessary forms, documents and the resulting
grant agreement as required by the FDLE for FY 2010.
SUMMARY: The Criminal Justice Commission met on May 11,
2009, and approved the recommendations made by the CJC Finance Committee for FY
2010 funds totaling $2,471,582. No local
match is required for the JAG program. Countywide
(DW)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
Z. RISK
MANAGEMENT
1. Staff recommends
motion to adopt: a Resolution granting the delegation of authority to the County Administrator, or his
designee, to execute any necessary documents associated with the mandatory
registration and reporting requirements under the provisions of the Medicare
Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (See 42 U.S.C. 1395y(b)(7)&(b)(8)
and in other guidance issued by the Centers for Medicare and Medicaid Services
(CMS). Summary: Section 111 of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 has recently added new mandatory reporting requirements
for group health plans, liability insurance (including self-insurance) and
workers’ compensation. The Palm Beach
County Board of County Commissioners is a “responsible reporting entity” (RRE)
which must comply with these mandatory reporting requirements and must register
with the Medicare Coordination of Benefits Contractor as required by the Act.
Through the registration process, RREs will provide notification to the
Medicare Coordination of Benefits Contractor of their intent to report data in
compliance with the requirements of Section 111 of the Act. The delegation from
the County Administrator to the Director of Risk Management will be requested
for the purpose of compliance and timely registering and reporting under the
Act. Registration must be completed before testing for the mandatory reporting
can begin. Countywide (TKF)
AA. PALM
TRAN
1. Staff recommends
motion to adopt: Resolution authorizing Palm Tran to file a
Transportation Disadvantaged (TD) Trip and Equipment Grant Application in the
estimated amount of $2,075,766. Summary: The State of Florida Commission for the
Transportation Disadvantaged annually makes funds available to Community
Transportation Coordinators through the Transportation Disadvantaged Trip and
Equipment Grant Program. The grant cycle runs from July 1, 2009, through June
30, 2010. Palm Beach County has been
allocated funds for FY 2009/2010: Trip
and Equipment Grant: $2,075,766; Total
State Grant: $1,868,189; Local Match:
$207,577; Voluntary Dollar Contributions: $2,724; In-Kind Match for
Voluntary Dollar: $272; Total Grant:
$2,078,762. The local match has already been budgeted in Palm Tran’s proposed
FY 2010 operating budget. Countywide
(DR)
2. Staff recommends
motion to:
A) adopt Resolution approving a Florida Department of
Transportation (FDOT) Supplemental Joint Participation Agreement No. 3 (JPA) FM
No. 42317819401 amending the Scope of the agreement to include the cost of park
and ride lots;
B) approve Budget Transfer of $500,000 in the Palm
Tran Grants Fund to reallocate these funds from Intermodal Facility to Park and
Ride lots;
C) approve Budget Transfer of $706,427 in the Public
Building Improvement Fund to reallocate these funds from Intermodal Facility to
Park and Ride lots; and
D) approve Budget Amendment of $293,573 in the Public
Building Improvement Fund to recognize the increase in funding for the Park and
Ride project.
Summary: FDOT amended the scope of JPA FM No.
42317819401 (R2007-2301) to allow up to $1.5 million dollars of grant funds to
be used for the construction of the West Palm Beach Intermodal Facility. The current amendment allows these funds to
be used for Park and Ride lots (100% state funds, no match required). The construction of the Intermodal Facility
is about to be completed and Palm Tran anticipates that not all of the funds
allocated for the construction of the Intermodal Facility will be used. FDOT is
allowing the remaining funds to be used for the construction of park and ride
lots. Countywide (DR)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
3. Staff recommends
motion to approve:
A) downward Budget Amendment of $96,542 in the
Palm Tran Grants Fund in order to reconcile the FY 2009 budget to the actual
grant award from the Florida Department of Transportation Block Program; and
B) downward Budget Amendment of $96,542 in the Palm Tran Operating
Fund in order to reconcile to the transfer made from the Palm Tran Grants Fund.
Summary: In 2004, Palm Beach County executed a
Resolution and a five (5) year agreement with the Florida Department of
Transportation (FDOT) to provide operating funding for mass transit in the
urbanized areas of Palm Beach County; and authorizing the County Administrator
or Palm Tran Director as the appropriate staff to sign the annual interim year
Notification of Funding form, on behalf of the Board (R2004-1923). Palm Tran
estimates every year the amount to be received from FDOT and allocates the
required match on its budget. The match
funds are accounted for as the cost of providing mass transit services in Palm
Beach County including operating, maintenance, and administrative costs. Grant and match included in the FY 2009
budget were for $3,800,000 with the actual award being $3,703,458. Block funding was reduced due to statewide
revenue reductions. Countywide (DR)
4. Staff
recommends motion to:
A) adopt Resolution approving a Florida Department of Transportation
(FDOT) Supplemental Joint Participation Agreement No. 1 (JPA) FM No.
42386519401, providing additional funding for planning, design and construction
of Park and Ride lots in Palm Beach and Martin Counties; amending the original
JPA by increasing the total award from $490,000 to $774,258 (a $284,258
increase – State Funds);
B) approve upward Budget
Amendment of $284,258 in Palm Tran’s Grant Fund to reconcile the Fiscal Year
2009 budget to the new grant award;
C) approve downward Budget Amendment of $122,742 in
the Public Building Improvement Fund decreasing the funds available for the
Wellington Park and Ride Project.
Summary: FDOT is providing a supplemental amount of
grant funds of $284,258 (100% State funds, no
match required) to fund costs associated with the planning,
design and construction of Park and Ride lots in Palm Beach and Martin Counties.
This will facilitate the express service
that will connect Martin and Palm Beach Counties, and provide funding for other
Park and Ride facilities in Palm Beach County. Funds are 100% State Funds and no local match
is required. The downward budget
amendment in the Public Building Improvement Fund reallocates and leaves
$367,258 available for the construction of the Wellington Park and Ride, and
$407,000 for the Martin County Express Park and Ride in the Palm Tran Grant
Fund. Countywide (DR)
JUNE 2, 2009
3. CONSENT
AGENDA APPROVAL
BB. 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 promotion. 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)
* * * * * * * * * * * *
JUNE 2, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring June 20, 2009 as “World Refugee Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)
B. Proclamation
declaring June 18, 2009 as “Dump the Pump Day” in Palm Beach County. (Sponsored by Commissioner Koons)
* * * * * * * * * * * *
JUNE 2, 2009
5. PUBLIC
HEARING - 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 Section 17-116 of the Code 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)
* * * * * * * * * * * *
JUNE 2, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
TIME CERTAIN - 10:00 A.M.
1. Staff recommends
motion to receive and file: Presentation of the 2009 Legislative Session final report. SUMMARY: A presentation of the final
legislative report reviewing Palm Beach County’s 2009 Legislative Agenda
priorities and appropriations with the Board of County Commissioners. Countywide
(DW)
2. Staff recommends
motion to adopt: a Resolution in support of revisions to the national
health care system which would include a public option to ensure health care
coverage for all Americans without imposing additional mandates on county
governments. SUMMARY: At the May 19, 2009 Board of County Commission
meeting, the Board directed staff to prepare a resolution that supports a
national health care system that will ensure health care coverage for all
Americans. Countywide (TKF)
3. Staff requests
Board direction: regarding the location for the Supervisor of Election’s
(SOE) 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 sq. ft. of the Department of
Airport’s SkyChef Building. The SOE believes the space requirements for the VEC
are approaching 70,000 sq. ft. 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 sq. ft.
by relocating the County tenants (Sheriff) by the end of 2009 and 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. 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. The SOE has identified a specific
building which it believes can meet its needs at a reduced rental rate and will
require few improvements. Staff believes
that 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)
JUNE 2, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
4. Staff
recommends motion to:
A) adopt a
Resolution supporting TBC Parent Holding Corporation, including its two (2) subsidiaries
TBC Retail Group, Inc. and TBC Shared Services, Inc. (collectively TBC
Corporation) 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 TBC Corporation in the amount of $40,000 for the creation of 50 jobs in
Palm Beach County at an average annual salary of $65,200, excluding benefits;
C) approve a Budget Transfer of $40,000 from the
General Fund Contingency Reserve to the Economic Development JGI Fund; 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: TBC Corporation, headquartered in
Palm Beach Gardens since 1981 with the creation of the Tire Kingdom chain, is a
tire retailer and wholly-owned subsidiary of Sumitomo Corporation of
America. The JGI Agreement requires the
company to retain 345 jobs, and create 50 new jobs, for a total of 395 jobs
with an average salary of $65,200, excluding benefits, by December 31, 2011;
and maintain the jobs through December 31, 2014. The JGI grant is recommended
at $800 per job created or $40,000. TBC Corporation’s investment in our local
economy is expected to produce total economic impacts from direct, indirect and
induced dollars as follows: $10.6 million in output, $4.6 million in wages, and
$284,000 in taxes. TBC Corporation has filed a Qualified Target Industry (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. District 1 (DW)
B. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 001 to the Residential Rehabilitation Program policies approved on November 6, 2007 (Agenda Item 5D-1), adding requirements for property and windstorm insurance to be carried by participating property owners. SUMMARY: The policies approved for the Residential Rehabilitation Program presently only require property owners participating in the program to maintain flood insurance coverage if the property is located in certain flood zones as determined in the Federal regulations pertaining to the Community Development Block Grant Program (CDBG). The County’s Internal Auditor recommended that the insurance requirements be expanded, and Housing and Community Development has agreed to amend these policies. Accordingly, participating homeowners who submit applications under this program after this date, shall be required to carry property and windstorm insurance, in addition to flood insurance (when mandated). These are Federal CDBG funds that require no local match. Countywide (TKF)
JUNE 2, 2009
6. REGULAR
AGENDA
B. HOUSING & COMMUNITY DEVELOPMENT
(Cont’d)
2. Staff recommends
motion to:
A) approve the 11th Amendment to the Palm
Beach County FY 2008-2009 Action Plan, constituting an application to the U.S.
Department of Housing and Urban Development (HUD) under its Community
Development Block Grant Recovery (CDBG-R) Program; and
B) adopt
a Resolution authorizing the County Administrator or his designee to sign
the 11th Amendment to the FY 2008-2009 Action Plan, Standard Form
424, General Consolidated Plan Certifications, Certifications, HUD Agreement,
and all other documents related to the CDBG-R Program.
SUMMARY: The American Recovery and Reinvestment Act of 2009 (ARRA), approved on February 17, 2009, appropriated $1 billion in Community Development Block Grant (CDBG) funds to assist in the economic revitalization and growth of communities. The Palm Beach County CDBG entitlement jurisdiction (which excludes the Cities of West Palm Beach, Boca Raton, Delray Beach and Boynton Beach) was allocated $1,846,758 in CDBG-R funding. In order to access the funds, Palm Beach County is required to amend its FY 2008-2009 Action Plan and submit the substantial Amendment to HUD on or before June 5, 2009. The Amendment will function as the County’s application for the use of the stimulus funding. Under CDBG-R, eligible activities include all activities eligible for funding under the regular CDBG program. However, HUD urges grantees to use funds for ‘shovel-ready’ projects where economic benefit is easily measurable and projects that can be awarded funds within 120 days of the date of execution of the HUD grant agreement. As such, the 11th Amendment allocates the CDBG-R funds as follows: a) $95,000 for Public Service activities; b) $1,387,082 for Capital Improvement activities; c) $180,000 for Economic Development; and d) $184,676 for planning and administrative costs. As required by HUD, a Public Notice of the Amendment and Board of County Commissioners meeting was published on May 26, 2009, and posted on HCD’s website. These are Federal funds that require no local match. Countywide (TKF)
C. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve:
A) Budget Transfer of $100,000 from the General Fund
Contingency Reserves to Building Division to cover the cost of demolition of
severely damaged properties that pose a life/safety issue; and
B) Budget Amendment of
$100,000 in the Building Division Expenditure Fund to recognize and appropriate
the transfers from the General Fund Contingency Reserves.
JUNE 2, 2009
6. REGULAR
AGENDA
D. PUBLIC
SAFETY
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on July 21, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Chapter 4 of the Palm Beach County Code
(Ordinance 98-22, as amended by Ordinance No. 2003-29, Ordinance 2005-44, and Ordinance
No. 2008-004) pertaining to animal care and control; amending Section 4-2 of
the Palm Beach County Code (definitions); amending Section 4-27 of the Palm Beach
County Code (dangerous dogs and vicious dogs); providing for repeal of laws in
conflict; providing for savings clause; 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: At a meeting of the Board of County Commissioners
held on April 21, 2009, the Board directed staff to prepare an amendment to the
Animal Care and Control Ordinance to strengthen provisions pertaining to
dangerous and vicious dogs. Countywide (SF)
TIME
CERTAIN - 2:15 P.M.
2. Staff recommends
motion to receive and file: the 2009 Hurricane Preparedness
Update. SUMMARY: Staff will present a power point presentation on the
status of our 2009 Hurricane Season readiness. The presentation will
include an overview our new National Incident Management System (NIMS)
organizational structure and our new WEB-EOC incident management software
system both of which would be utilized to manage all future disaster events.
Other operational updates will also be presented. Countywide (DW)
E. WATER
UTILITIES
1. Staff
recommends motion to approve on preliminary reading and to
advertise for Public Hearing on June 16, 2009 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 27, Article IV of
the Palm Beach County Code (Wastewater Facilities Use Ordinance); amending
certain provisions for consistency with changes to the Florida Administrative
Code and Department name changes; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and
ordinances; and providing for an effective date. SUMMARY: The Florida Department of Environmental Protection
conducted a Pretreatment Program Audit of the Water Utilities Department’s
pretreatment program. Part of the audit was the review of the Wastewater
Facilities Use Ordinance (Ordinance), codified at Chapter 27, Article IV of the
Palm Beach County Code, for legal sufficiency. This Ordinance gives the Water
Utilities Department the authority to administer the pretreatment program. The
program’s objectives are to prevent the introduction of pollutants to the
wastewater collection system that if inadequately treated, can endanger the
wastewater treatment process, plant operators, transmission workers, and the
public with harmful pollutants. In addition, the program improves the
opportunity for the utilities to improve the quality of reclaimed water,
domestic wastewater sludge and promote the preservation and enhancement of the
regional ecosystem. The changes to the Ordinance include updating references to
certain renumbered or deleted provisions of the Florida Administrative Code,
and a name change of the Florida Department of Health and Rehabilitative
Services to the Florida Department of Health.
Countywide (MJ)
JUNE 2, 2009
6. REGULAR
AGENDA
F. 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 to more closely match actual Palm Beach County (County) costs (including
the Engineering Department and County Attorney’s Office) 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.
SUMMARY: Approval 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 bring fees up to date with current costs, as
well as to accommodate the review cost of selected items from the County
Attorney’s Office. This action will repeal the latest fee revision, Resolution
R99-1071, which was adopted in June 1999. Countywide (MRE)
2. Staff recommends the Board readdress Fargo Avenue and
reconsider prior Board direction: relating to the paving of Fargo
Avenue. SUMMARY: The Board
determined in the April 21st board meeting, at the request of
Commissioner Santamaria, that the Fargo Avenue paving assessment options should
be placed on a future agenda. This item
does that, and it will also cover the history of road paving and associated
assessments in the Ranchettes and allow the Board to provide appropriate
direction to staff. District 6 (MRE)
JUNE 2, 2009
6. REGULAR
AGENDA
G. 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 $22,568,948 to support the
issuance of letters of credit to satisfy the debt service reserve fund
requirements of four 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 prepare a Budget Transfer of $48,000
from sales tax revenues and amend the four (4) debt service funds and general
fund to provide budget for additional fees associated with line of credit.
SUMMARY: On
September 9, 2008 (R2008-1565), the Board approved a line of credit with
SunTrust Bank to satisfy the debt service reserve requirement for four (4) bond
issues. The line of credit is due to
expire on September 10, 2009. On April
23, 2009, SunTrust’s bank ratings dropped below the AA rating required by the
four (4) bond Resolutions. On May 19, 2009, the Board adopted a Resolution
(R2009-0887) authorizing a line of credit with Wachovia Bank in the principal
amount of $38,776,332 for seven (7) County bond issues at the lowest annual
rate available in the market today. During our discussions with Wachovia, they
agreed to replace SunTrust Bank on the above $22,568,948 line of credit at the
same annual fee. Staff is recommending that the Board move forward with the
replacement at this time because changing market conditions could result in an
increase in the fees if we wait until the expiration date. The term of the line of credit is one (1)
year subject to renewal by the County and acceptance by Wachovia Bank. The annual fees will be included in the FY
2010 Budget. Countywide (PFK)
* * * * * * * * * * * *
JUNE 2, 2009
7. BOARD
APPOINTMENTS
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 2, 2009
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
A. Presentation
of $4,000 to County Parks and Recreation Department in support of the “Green
Thumb Club” by Keep Palm Beach County Beautiful, Inc.
* * * * * * * * * * * *
JUNE 2, 2009
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 2, 2009
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
Proclamation declaring June 7 – 13, 2009 as “National Garden Week” in
Palm Beach County.
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
June 2, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 2, 2009
PAGE ITEM
6 3A-1 REVISED MOTION/TITLE: Staff recommends motion to adopt:
A) adopt a Resolution authorizing the submittal of a $1 million
Brownfield’s Economic Development Initiative (BEDI) Grant Application and a new
$4 million Section 108 Federal Loan Application to the U.S. Department of
Housing and Urban Development; and
B) authorize the County Administrator or his designee to sign
all documents related to this grant/loan application. (Admin/Economic
Development)
10 3G-2 REVISED TITLE: Staff recommends motion to approve:
A) Budget Amendment of $431,514 in
the $27 Million Sunshine Loan No. 7A, Series 2005 Debt Service Fund to record
interest earnings and the transfer from the $27 Million Sunshine Loan No. 7
Debt Service Reserve Fund and adjust the principal payments, payments to
refunding bond escrow agent and the transfer to $94.235M Public Improvement
Revenue Bonds, Series 2008-2 Max Planck/Sunshine Loan Refunding Debt Service
Fund in accordance with the final payoff of the loan;…B)..C)..D)..E)..F)..G)..H)..I)..J)..K)
Budget Amendment of $97,723 $97,993 in the $94.235M Public Improvement
Revenue Bonds, Series 2008-2 Max Planck/Sunshine Loans Refunding Debt Service
Fund to adjust transfers from the various Sunshine Loan Debt Service Funds and
reserves for future debt service payments. (OFMB)
16 3L-2 DELETED: Staff recommends motion to: A) approve State of Florida Department of Transportation Local Agency Program Agreement (Agreement) in an amount not to exceed $1,250,000 for reimbursement of construction costs of Bluegill Trail from Riverbend Park to Sandhill Crane Park (FM No. 423809-1-58-01);…(ERM) (Further staff review)
22 4C ADD-ON: Proclamation
declaring June 27, 2009 as “National HIV Testing Day” in Palm Beach
County. (Sponsored by Commissioner
Koons)
22 4D ADD-ON: Certificate
of Appreciation to Representative Priscilla Taylor for her dedication and
leadership as the Chair of the Palm Beach County Delegation from 2008 – 2009.
25 6A-5 ADD-ON:
Staff recommends motion to adopt: Resolution supporting Certificate of Need
(CON) Applications from St. Mary’s Medical Center for a Pediatric Open Heart
Service and a Pediatric Cardiac Catheterization Service. SUMMARY: This
Resolution has been requested by St. Mary’s Medical Center for inclusion with
two (2) CON Applications filed with the Florida Agency for Health Care
Administration (AHCA). The applications
are requesting State approval for the addition of Pediatric Open Heart Services
and Pediatric Cardiac Catheterization Services at St. Mary’s Medical Center on
45th Street in West Palm Beach.
The Resolution indicates that there is a need for these services and
that the Board of County Commissioners supports the applications of St. Mary’s
Medical Center. It is staff’s understanding that no other Palm Beach County
hospitals are filing competing applications.
The West Palm Beach City Commission will consider a similar resolution
on June 1, 2009. Countywide (TKF) (Admin)
25 6A-6 ADD-ON:
Staff recommends motion to approve on preliminary reading and advertise for
Public Hearing on June 16, 2009 at 9:30 a.m.: an Ordinance of the Board of
County Commissioners of Palm Beach County, Florida granting to Florida Power
& Light Company, its successors and assigns, an electric franchise in the
unincorporated areas of Palm Beach County, Florida; imposing provisions and
conditions relating thereto; providing for monthly payments to palm beach
county, and providing for an effective date. SUMMARY: This
Ordinance provides for a new Franchise Fee agreement with Florida Power &
Light (FPL) for unincorporated Palm Beach County decreasing the maximum rate
from 6% to 5.9% and changing the method of calculating the Franchise Fee by
eliminating the consideration given for taxes FPL pays to the County and
certain other taxing authorities. Under the current agreement, after the
off-set for taxes paid, FPL pays an effective rate of 4.2%. As significant new
property taxes will be due from the completion of the new plant at 20 Mile Bend
and rehabilitation of the Riviera Beach plant, the off-set for taxes paid will
increase resulting in less Franchise Fee revenue to the County. By eliminating
the consideration for taxes paid by FPL from the calculation and lowering the
maximum rate to 5.9%, the effective rate will increase from 4.2% to 5.9% and
result in an $11 million increase in Franchise Fee revenue to the County. This
additional revenue is included in the proposed FY 2010 budget. FPL passes this
rate onto its customers in the unincorporated area - the average residential
FPL bill will increase $2.80 per month. If no change is made to the
existing agreement: 1) except
for increases or decreases in electric usage, Franchise Fee revenue will
decline as the amount of property taxes FPL pays increases; and 2) $11 million will need to be cut
from the proposed FY 2010 budget. Unincorporated Palm Beach County
(RPB) (Admin)
27 6E-2 ADD-ON:
Staff recommends motion to
approve: Interlocal Agreement
with the City of Pahokee, contingent upon approval by the City, authorizing the
County to perform capital improvements within the City’s utility service area
to be reimbursed from American Recovery and Reinvestment Act (ARRA) funds and a
State Revolving Fund loan allocated through the Florida Department of
Environmental Protection (FDEP) and providing for a covenant by the County to
repay the principal and interest on loans totaling $976,302 provided that the Glades
Utility Authority (GUA) is established.
SUMMARY: The
Water Utilities Department will undertake certain construction projects on
behalf of the City of Pahokee utilizing ARRA funds. The FDEP administers the funding and has
allocated $5,511,570 to the City of Pahokee. Of this amount, $4,535,268 will be
a ARRA principal forgiveness grant, $506,159 will be a loan and $470,143 will
be a Clean Water State Revolving Funds (CWSRF) loan. These funds will be used
to make significant improvements to City’s sanitary sewer system. FDEP and ARRA regulations require that the funding
be paid directly to the City. This Agreement provides for the City to reimburse
the County for the cost of the projects. Additionally, a covenant by the County
to repay the principal and interest portion of the loans is required by FDEP
because the City does not have the resources necessary to ensure repayment. The
County will only need to pay the debt service in the event the GUA is unable to
pay the debt service with its own revenue. If the GUA is created as planned,
the Loan Agreements will be transferred to the GUA for repayment. If the GUA is
not formed, the City will not accept the ARRA funds and the County will not
perform the improvements. These grants and loans will provide a significant
source of funds needed in the GUA’s first year of operation. District
6 (MJ) (WUD)
27 6E-3 ADD-ON:
Staff
recommends motion to approve: Interlocal
Agreement with the City of South Bay, contingent upon approval by the City,
authorizing the County to perform capital improvements within the City’s
utility service area to be reimbursed from American Recovery and Reinvestment
Act (ARRA) funds allocated through the Florida Department of Environmental
Protection (FDEP) and providing for a covenant by the County to repay the principal
and interest on the $67,874 loan portion of the funding provided that the
Glades Utility Authority (GUA) is established.
SUMMARY: The Water Utilities Department will undertake certain construction
projects on behalf of the City of South Bay utilizing ARRA funds. The FDEP administers the funding and has
allocated $792,000 in ARRA funds for the project in South Bay, made up of a
$724,126 ARRA principal forgiveness grant and a $67,874 ARRA loan. The South Bay project will reduce wet weather wastewater overflows
caused by the inflow of storm water and infiltration of groundwater into the
sanitary sewer system, which are a public health hazard due to the potential of
exposure by the public to raw sewage. FDEP and ARRA regulations require that the funding
be paid directly to the City. This Agreement provides for the City to reimburse
the County for the cost of the projects.
Additionally, a covenant by the County to repay the principal and
interest portion of the loan is required by FDEP because the City does not have
the resources necessary to ensure repayment. The County will only need to pay
the debt service in the event the GUA is unable to pay the debt service with
its own revenue. If the GUA is created
as planned, the Loan Agreement will be transferred to the GUA for repayment. If
the GUA is not formed, the City will not accept the ARRA funds and the County
will not perform the improvements. These grants and loans will provide a
significant source of funds needed in the GUA’s first year of operation. District
6 (MJ) (WUD)
29 6H-1 ADD-ON:
Staff recommends motion to approve: Amendments to the Agreements with: A) Discover Palm Beach County, Inc.,
d.b.a. the Palm Beach County Convention & Visitors Bureau (CVB); B) the Palm Beach County Cultural
Council, Inc.; C) the Palm Beach
County Sports Commission, Inc.; and (D)
the Palm Beach County Film & TV Commission, Inc. to provide for receipt of
additional ‘bed tax’ funding for a tourism stimulus campaign. SUMMARY: The amendments to the County’s
agreements with the four (4) ‘TDC agencies’ provide for revised budgets
reflecting their receipt of additional funding for the multi-prong marketing
campaign to promote Palm Beach County tourism. The campaign with a combined
cost of $3,000,000 will be funded from the Operating Reserve Fund of the 1st
cent of the bed tax which allocation was approved by the BCC on May 19th
and will be available upon enactment of an amendment to the TDC Ordinance which
is set for public hearing today. Countywide
(MC) (TDC)
29 6H-2 ADD-ON:
Staff recommends motion to approve:
A) Budget Transfer of $3,000,000 from the
TDC-1st Cent Tourism Local Option Tax Fund operating reserves to
establish transfers to the TDC-Tourism, TDC-Cultural Council, TDC-Film and
Television Commission and the TDC-Sports Commission Funds to fund a marketing
stimulus campaign;
B) Budget Amendment of $2,296,700 in the TDC
Tourism Fund to recognize and appropriate the transfer from the TDC- 1st
Cent Tourism Local Option Fund. Of this amount, $2,000,000 is designated for
the Convention Center and Visitor’s Bureau and $296,700 for Eco Tourism;
C) Budget Amendment of $473,500 in the
Cultural Council Fund to recognize and appropriate the transfer from the TDC- 1st
Cent Tourism Local Option Fund;
D) Budget Amendment of $82,500 in the Film and
Television Commission Fund to recognize and appropriate the transfer from the
TDC- 1st Cent Tourism Local Option Fund;
E) Budget Amendment of $147,300 in the Sports
Commission Fund to recognize and appropriate the transfer from the TDC- 1st
Cent Tourism Local Option Fund;
F) Budget Transfer of $10,000,000 in the TDC 1st
Cent Tourist Local Option Fund operating reserves to establish transfer to the
TDC-Building Renewal and Replacement Fund to pay for renewal and replacement
costs at the Roger Dean Stadium and the Convention Center; and
G) Budget Amendment of $10,000,000 in the
TDC-Building Renewal and Replacement Fund to recognize and appropriate the
transfer from the TDC-1st Cent Tourist Local Option Fund.
SUMMARY: The budget amendments and transfers reflect
prior Board of County Commissioners direction to reallocate operating reserves
from the TDC-1st Cent Tourism Local Option Tax Fund, which is
dedicated to the expansion of the Convention Center. 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. On May 19, 2009, the BCC approved the reallocation
of $3 million for a multi-agency tourism stimulus strategy to market Palm Beach
County to fly and drive market travelers.
A Public Hearing relating to an amendment to the Tourist Development
Ordinance of Palm Beach County that authorizes these expenditures is being held
on today’s BCC meeting. Countywide
(MC) (TDC)
29 6I-1 ADD-ON:
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) (Palm Tran)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).