ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 1, 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 - 25)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 26)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 27)
6. REGULAR
AGENDA (Pages 28 - 29)
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)
* * * * * * * * * * *
SEPTEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Section
108 Loan Program Agreement with Glades Home Health Care Medical Center
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
Page 7
3B-5 Annual
Financial Report and Annual Financial Audit Report for FY ending 9/30/08
3B-6 List
of errors insolvencies, double assessments, discounts & VAB reductions for
2007 & 2008
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Amendment with Baywinds Community
Association, Inc. for Acreage Access Road improvements
3C-2 Report
of plat recordations from April 1, to June 30, 2009
Page 8
3C-3 Renewal
of Testing Lab Services annual agreements with three (3) firms
3C-4 Renewal
of Testing Lab Services annual agreement with three (3) firms
3C-5 Budget
Transfer regarding Military Trail (Clint Moore Rd to Lake Worth Rd) project
D. COUNTY ATTORNEY
Page 8
3D-1 Settlement
Agreement in personal injury action case George E. Smith v. PBC
Page 9
3D-2 Settlement
Agreement in personal injury action case Jo Ann Cremata v. PBC
E. COMMUNITY SERVICES
Page 9
3E-1 Contract
with United Way for disaster recovery services
Page 10
3E-2 Amendments
to Head Start delegate agency/child care provider contracts with 13 agencies
Page 11
3E-3 Amendment
No. 1 with Area Agency on Aging for Nutrition Services Incentive Program
3E-4 Three
(3) 2008 Housing & Urban Development grant agreements for services to the
homeless
3E-5 Agreement
with Department of Community Affairs regarding CSBG grant
F. AIRPORTS
Page 12
3F-1 Eighth
Amendment with Host International regarding refurbishment of food/beverage
locations
3F-2 Third
Amendment to Airport Ground Leases with Avis Rent A Car and DTG Operations
Page 13
3F-3 Receive
and file 12 original agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Amendment
No. 2 with The Weitz Company regarding Glades Road Branch Library
3H-2 CSA
No. 6 with Colome & Associates regarding renovations to the Main Library
3H-3 Amendment No. 4 to annual construction
management services agreement with Hedrick Brothers Construction
3H-4 Interlocal Agreement with Department of
Homeland Security (Coast Guard) for use of County’s 800 MHz radio system
SEPTEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
Page 15
3H-5 Agreement with Atlantic/Palm Beach Ambulance
for use of County’s 800 MHz radio system
3H-6 First Amendment with City of Atlantis for use
of County’s 800 MHz radio system
3H-7 Interlocal Agreement with City of West Palm
Beach for shared use of electronic surveillance video system at Intermodal
Facility
Page 16
3H-8 North County Government Center Plat
I. HOUSING & COMMUNITY DEVELOPMENT
Page 16
3I-1 Amendment
No. 4 with City of Lake Worth regarding Latona Avenue street improvements
Page 17
3I-2 Seventh
Amendment to State Housing Initiative Partnership Local Housing Assistance Plan
3I-3 Budget
Amendment for the Community Development Block Grant Recovery Program
Page 18
3I-4 Budget
Amendment for Homeless Prevention & Rapid Re-Housing Program
3I-5 Budget
Transfer/Amendment regarding the Affordable Housing Trust Fund
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 18
3K-1 Interlocal
Agreement with City of Pahokee for billing software/hardware improvements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 19
3L-1 Resolution
requesting DEP review/support Palm Beach County shoreline protection projects
3L-2 Interlocal Agreement with Florida Turnpike
Enterprise regarding rerouting water into Winding Water Natural Area
Page 20
3L-3 Agreement with FDACS regarding mosquito
control services
M. PARKS & RECREATION
Page 20
3M-1 School
Board RAP for Poinciana Elementary after school programs
3M-2 RAP
allocations for Veteran’s Park Veterans’ Day and Memorial Day events
3M-3 RAP Agreement with Nelson’s Outreach
Ministries for Youth on the Move after school/summer camp programs
Page 21
3M-4 Consent
to Easement Agreement with U.S. Dept. of the Army regarding South Bay boat
ramps
3M-5 Budget
Transfer for John Prince Park Administration building generator
N. LIBRARY
Page 21
3N-1 Application to FL Dept. of State, Division of
Library & Information Services for State aid to Libraries grant
P. COOPERATIVE EXTENSION SERVICE
Page 22
3P-1 Grant Application to U.S. Dept. of Education
– Early Reading First Grant Program for improving literacy and language skills
to preschool children
Q. CRIMINAL JUSTICE COMMISSION
Page 22
3Q-1 First Amendment with City of Riviera Beach
Justice Service Center for Youth Violence Prevention project
SEPTEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Q. CRIMINAL JUSTICE COMMISSION (Cont’d)
Page 23
3Q-2 Quantum Neighborhood Initiative Grant for
West Palm Beach Community Justice Service Center
3Q-3 Amendment
with PBSO for law enforcement component of Youth Violence Prevention project
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 23
3S-1 Memorandum of Agreement with Children’s
Services Council regarding Drowning Prevention Coalition
T. HEALTH DEPARTMENT
Page 24
3T-1 Resolution
adopting FY 2009/2010 Air Pollution Control Program budget
U. INFORMATION SYSTEMS SERVICES
Page 24
3U-1 Agreement with FPL and City of West Palm
Beach regarding wireless antennas on FPL street light poles
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 25
3X-1 Contract
extensions with two (2) veterinarians for animal veterinary services
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 26
4A Domestic Violence Awareness Month
4B Hispanic Heritage Month
4C 2008 Animal Kindness Award Junior
Recipient – Hannah McLeod
4D 2008 Animal Kindness Award – Tina
Valant-Siebelts
PUBLIC HEARINGS - 9:30 A.M.
Page 27
5A Palm
Beach County Construction Permit Fee Schedule Ordinance
SEPTEMBER 1, 2009
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 28
6A-1 Amendment
No. 18 with Robert Weisman, County Administrator
6A-2 Trademark/Service
Mark Application for “American’s First Resort Destination”
6A-3 Recovery
Zone Facility Bonds – Oxygen Development, LLC
COMMUNITY
SERVICES
Page 29
6B-1 Agreement with FL Dept. of Community Affairs
for FY 2010 CSBG American Recovery and Revitalization Act funds to support job
creation and preservation to low-income households
COUNTY ATTORNEY
Page 29
6C-1 Community
Action Council Ordinance
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)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to:
A)
conceptually approve a
Section 108 Loan Program Agreement with Glades Home Health Care Medical Center,
LLC (GHHCMC);
B)
approve an exception
to the County’s Section 108 Loan Program Criteria to waive the minimum
requirement of two (2) years in business operation for GHHCMC; and
C) authorize the County Administrator to sign all loan
and grant documents associated with this item.
SUMMARY: On July 27, 2009, the Section 108 Loan
Review Committee, made up of representatives from the Economic Development
Office, Housing and Community Development, and Office of Financial Management
& Budget recommended providing a Housing & Urban Development (HUD)
Section 108 loan, in the amount of $89,000, and a HUD Brownfields Economic
Development Initiative (BEDI) grant, in the amount of $44,337, for GHHCMC
through the Palm Beach County Avenue A Section 108 Loan and BEDI grant
programs. GHHCMC is the second Avenue A Revitalization project, consisting of
the renovation of the building located at 173 West Avenue A in Belle Glade and
the acquisition of machinery and equipment. GHHCMC is a new business that
branched out of the retail store His and Hers Fashions, which is still
operating on Avenue A. GHHCMC was
incorporated in 2008 and is licensed by the State of Florida Agency for Health
Care Administration, Home Care Unit to work in the counties of Palm Beach,
Indian, Okeechobee and Martin. GHHCMC will provide in-house health care to
patients released from the hospital or persons who need in-house patient care.
The total project investment is $221,686, of which $88,675 is equity from
GHHCMC, $88,674 from the Section 108 loan, and $44,337 from the BEDI grant. The
combined financing from the Section 108 loan and the BEDI grant is $9,501 per
job to be created, which is within the HUD criteria. The project will create 14
new full-time equivalent jobs in the next five (5) years. These are Federal funds that do not require local match. 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 June
2, 2009
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during April 2009. Countywide
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
5. Staff recommends
motion to receive and file: two (2) of Palm Beach County’s annual
financial reports for fiscal year ended September 30, 2008:
A) The Units of Local Government – Annual
Financial Report (AFR); and
B) Annual Financial Audit Report (AFAR),
including the Single Audit Report.
SUMMARY: The Units of Local Government Report –
Annual Financial Report serves to generate input to the State. The Annual
Financial Audit Report is a special annual financial report defined in Chapter
10.550 of the rules of the Auditor General. This report is required to be filed
annually with the Auditor General in compliance with Section 11.45, Florida
Statutes and includes the Single Audit Report. Countywide (PFK)
6. Staff recommends
motion to approve:
A) List of errors insolvencies, double assessments, discounts & Value
Adjustment
Board reductions on the 2007
assessment roll; and
B) List of errors insolvencies, double assessments, discounts & Value Adjustment
Board reductions on the 2008
assessment roll.
SUMMARY: Section 197.492, F.S. requires
that on or before the 60th day after the tax certificate sale, the Tax
Collector shall make out a report to the Board of County Commissioners,
separately showing the discounts, errors and double assessments and insolvencies
for which credit is to be given, including in every case except discounts, the
names of the parties on whose account the credit is to be allowed. The Board of
County Commissioners, upon receiving the report, shall examine it; make such
investigations as may be necessary; and, if the board discovers that the Tax
Collector has taken credit as an insolvent item any personal property tax due
by a solvent taxpayer, charge the amount of taxes represented by such item to
the Tax Collector and not approve the report until the Tax Collector strikes
such item from record. Countywide (PFK)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: an Amendment
to the Financial Assistance Agreement R2008-1152 with Baywinds Community
Association, Inc. (Association) to extend the completion date for improvements
along Acreage Access Road. SUMMARY: Approval of this Amendment will extend
the completion date from June 30, 2009 to June 30, 2010. The completion of the improvements has been
delayed due to utility constraints, and prolonged coordination efforts between
the City of West Palm Beach and the Association. District 2
(MRE)
2. Staff recommends motion to receive and file: a report of plat recordations from April 1, through June 30, 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)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends motion to approve: the renewal of the Testing Lab Services Annual Agreements with Dunkelberger Engineering & Testing, Inc., whose original Agreement was dated October 21, 2008 (R2008-1828); Nodarse & Associates, Inc., whose original Agreement was dated October 21, 2008 (R2008-1829) and Testing Lab of the Palm Beaches, Inc., whose original Agreement was dated November 18, 2008 (R2008-2034). SUMMARY: Approval of these Renewal Agreements will extend required professional services for one (1) year, on a task order basis. Countywide (PFK)
4. Staff recommends
motion to approve: the renewal of the Testing Lab Services Annual
Agreements with Ardaman & Associates, Inc., whose original Agreement was
dated September 9, 2008 (R2008-1425); Radise International, LC, whose original
Agreement was dated September 23, 2008 (R2008-1602) and Tierra, Inc., whose
original Agreement was dated September 9, 2008 (R2008-1417). SUMMARY: Approval of these Renewal Agreements will
extend required professional services for one (1) year, on a task order basis. Countywide (PFK)
5. Staff recommends
motion to approve: a Budget Transfer of $100,000 in the Transportation
Improvement Fund from Sweep Reserves to Military Trail from Clint Moore Road to
Lake Worth Road. SUMMARY: Approval of this Budget Transfer establishes
funding for the Military Trail from Clint Moore Road to Lake Worth Road project
(Project). This Project will improve surface infrastructure through updating
guardrails, ADA ramps and resurfacing efforts on a major County
thoroughfare. The Engineering Department
has applied for a grant through the American Recovery and Reinvestment Act
(ARRA) for this Project. There are
strict timelines associated with these funds which require the planning process
to begin immediately. The Budget Transfer from reserves will cover permit fees
and design costs since the ARRA grant will only reimburse construction costs. Districts 2, 3, 4 & 5 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $65,000 in the personal
injury action styled George Eugene Smith vs. Palm Beach County, Case No.
502008CA041067XXXXMB AD. SUMMARY:
Plaintiff was in a motor vehicle accident on June 10, 2008. He was a restrained passenger in a car which
was rear ended by a County driver while it was stopped at a red light at the
intersection of Jog Road and Southern Boulevard in Royal Palm Beach, Florida.
Plaintiff was taken to the emergency room.
He sustained injuries to his neck, back, and left knee and was treated
with several health care providers. Staff, including the Risk Management
Roundtable Committee, concur that this settlement is in the best interest of
Palm Beach County. Countywide (SCL)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $75,000 in the personal injury action styled Jo Ann Cremata vs. Palm Beach County, Case No. 502008CA026752XXXXMB. SUMMARY: Plaintiff, a 76 year old female, fell down the steps as she exited Morikami Museum at night. She alleges the lack of hand rails, inadequate lighting, and negligently designed steps caused her to fall. She was transported to Delray Medical Center where she underwent extensive emergency surgery for severe fractures to her left ankle. After surgery, she was admitted to the Intensive Care Unit for complications that necessitated the administration of blood transfusions. Following discharge, she was in a rehabilitation facility for nearly eight (8) weeks, followed by home health care and more physical therapy. She received a 25% impairment rating to her left lower extremity. Medical bills exceeded $107,000 and future medical care is estimated at approximately $55,000. Staff, including the Risk Management Director concur that this settlement is in the best interest of Palm Beach County. Countywide (SCL)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract
with United Way of Palm Beach County, Inc. (United Way) for the period October
1, 2009, through September 30, 2010, in an amount not-to-exceed $43,875 to
provide disaster recovery services. Summary: This Contract with United
Way will support staffing and related expenses for the Disaster Recovery
Coalition. United Way agrees to provide oversight as the fiscal agent for the
Coalition and direct supervision of Coalition personnel. The Coalition will
provide disaster response and recovery services in support of the Palm Beach
County Comprehensive Emergency Management Plan. County obligations under this
Contract are subject to budget approval. (Human Services) Countywide
(TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A) Amendments to the following Delegate
Agency/Contract Provider/Child Care Provider Agreements as indicated below
totaling $183,550:
1) Amendment No. 1 to Apostolic Child
Development Centers, Inc., (R2008-1626) for $15,922 and a new total
not-to-exceed $485,740;
2) Amendment No. 1 to A Step Above Learning
Center, Inc. (d/b/a A Step Above Early Learning Center) (R2008-1625) for $4,082
and a new total not-to-exceed $116,481;
3) Amendment No. 1 to Education Development
Center, Inc. (d/b/a My First Steps Preschool) (R2009-0543) for $16,738 and a
new total not-to-exceed $255,483;
4) Amendment No. 1 to Florence Fuller Child
Development Centers, Inc. (R2008-1442) for $31,840 and a new total
not-to-exceed $981,795;
5) Amendment No. 1 to Hispanic Human Resources
Council, Inc. (R2008-1443) for $53,262 and a new total not-to-exceed
$1,642,611;
6) Amendment No. 1 to The King’s Kids Early
Learning Center, Inc. (R2008-1624) for $6,736 and a new total not-to-exceed $192,194;
7) Amendment No. 1 to The Union Missionary
Baptist Church Inc. (Day Care Center) (R2008-1727) for $7,554 and a new total
not-to-exceed $215,491;
8) Amendment No. 1 to the YWCA of Palm Beach
County Inc. (R2008-1441) for $17,142 and a new total not-to-exceed $528,657;
9) Amendment No. 1 to Apostolic Child
Development Centers, Inc. (R2008-1623) for $6,854 and a new total not-to-exceed
$211,532;
10) Amendment No. 1 to Emmanuel Child
Development Center, Inc. (R2008-1726) for $5,712 for a new total not-to-exceed $167,462;
11) Amendment No. 1 to Family Central, Inc.
(R2008-1736) for $4,570 and a new total not-to-exceed $119,854;
12) Amendment No. 1 to Florence Fuller Child
Development Center, Inc. (R2008-1731) for $6,284 and a new total not-to-exceed $184,209;
13) Amendment No. 1 to Hispanic Human Resources
Council, Inc. (R2008-1729) for $6,854 and a new total not-to-exceed $211,532.
B) an upward Budget Amendment of $433,206 for
the Head Start/Early Head Start programs to recognize a Cost of Living
Adjustment (COLA) award from the Department of Health and Human Services
Administration for Children, Youth & Families (HHS/ACYF) for the period
October 1, 2008, through September 30, 2009.
Summary: Head Start/Early Head Start submitted an
application to the Department of Health and Human Services and was awarded a
cost-of-living adjustment (COLA) increase of 3.06% in the amount of $433,206
($381,811for Head Start and $51,395 for Early Head Start). These are permanent
increases to our base funding and the same percentage totaling $183,550 is
being distributed to delegate agencies and contracted services providers; there
is a pending amendment to one additional Delegate Agency (37,753) not listed.
The remaining $211,903 will be used towards offsetting grantee operational
costs as detailed in the Budget Amendment document. No additional County
funding is being requested. (Head Start) Countywide (TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Amendment No. 001 to Standard Agreement No.
IU009-9500 (R2008-2297) for the Nutrition Services Incentive Program (NSIP)
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., for the
period October 1, 2008, through September 30, 2009, increasing the reimbursement
unit rate and increasing the maximum reimbursement by $51,084.91, for a new total not-to-exceed $320,863.27
for various supportive services to seniors. Summary: Additional funding has been granted under the
NSIP grant. This Amendment will increase the new maximum reimbursement from $269,778.36
to $320,863.27 and increase the reimbursement unit rate from 0.6051040 to
0.6295267. In the area south of Hypoluxo
Road, Mae Volen Senior Center, Inc. currently provides OAA services under a
similar grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
4. Staff recommends
motion to receive and file: the 2008 U.S. Department of Housing and
Urban Development (HUD) Grant Agreements for:
A) the Supportive Housing Program renewal,
FL0292B4D050801, for the period January 1, 2010, through December 31, 2010, in
the amount of $442,158;
B) the
Shelter Plus Care Program renewal, FL0281C4D050801, for the period of May 23,
2009, through May 22, 2010, in the amount of $197,280; and
C) the
newly awarded Shelter Plus Care Program, FL0277C4D050800, for the period of
June 24, 2009, through June 23, 2014, in the amount of $431,520.
Summary: On February 3, 2009 (R2009-0193 through
R2009-0195), the Board of County Commissioners delegated authority to the
County Administrator or his designee to sign the U.S. Department of Housing and
Urban Development (HUD) Supportive Housing Program grant agreement and the HUD
Shelter Plus Care grant agreements. This authorization and designation was
necessary to expedite the agreements and thereby avoid gaps in service delivery
to homeless individuals. (Human
Services) Countywide (TKF)
5. Staff recommends motion to approve: an Agreement with the State of Florida, Department of Community Affairs, for the period of October 1, 2009, through September 30, 2010, in an amount not-to-exceed $1,074,889, for FY 2009-2010 Community Services Block Grant (CSBG). Summary: The FY 2009-2010 CSBG will provide a range of services to low-income households in Palm Beach County. CSBG funds will enable Palm Beach County Community Action to help stabilize low-income families through assistance with utility, shelter, transportation, and child care costs. It will also support assistance to low-income persons seeking to acquire and maintain employment. A 20% County required match of $179,148 is included in the FY 2010 budget. County obligations under this Agreement are subject to budget approval. (Community Action Program) Countywide (TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve:
Eighth Amendment to Lease and Concession Agreement with Host International,
Inc. (Agreement), providing for the extension of construction and capital
investment deadlines. SUMMARY: On August 21, 2007, the Board
approved a Seventh Amendment to the Lease and Concession Agreement with Host
International, Inc. (Host) (R2007-1293), which provided for an extension of the
expiration date of the Agreement to October 17, 2024 and required Host to
invest an additional $3,850,000 on the refurbishment of existing food and
beverage locations and introduction of new food and beverage concepts in the
Palm Beach International Airport’s (PBIA) passenger terminal building.
The Seventh Amendment required Host to spend the first $2,850,000 on or before
September 30, 2009. Host has requested an extension to the construction
and capital investment deadlines to September 30, 2010 due to the current economic
conditions and the resulting impact on Host’s concession
operations. Host recently completed construction of a new Chili’s
Too and is anticipated to complete construction of a new Quiznos Subs on or
before October 1, 2009. The remainder of the improvements will commence
next summer to minimize disruption to passenger traffic during high season. The
Amendment requires all improvements to be completed by September 30,
2010. Countywide (HJF)
2. Staff recommends
motion to approve:
A) Third Amendment
to Airport Ground Lease Agreement with Avis Rent A Car System, LLC, (Avis),
extending the term to September 30, 2011 with two (2) renewal options for five (5)
years each, for an initial annual rental in the amount of $385,628.75; and
B) Third Amendment
to Airport Ground Lease Agreement with DTG Operations, Inc. (DTG), extending
the term to September 30, 2011 with two (2) renewal options for five (5) years
each, for an initial annual rental in the amount of $339,021.50.
SUMMARY: The Airport Ground
Lease Agreements with Avis (R88-314) and DTG (R93-1267D) for on-airport rental
car facilities at the Palm Beach International Airport (PBIA) expire on
December 31, 2009. The facilities are used by Avis and DTG in support of
their rental car concession operations at PBIA. The amendments extend the term
of each lease through September 30, 2011, plus two (2) additional renewal
options of five (5) years each. Rental is at the appraised value and will
be adjusted October 1, 2010. Countywide (HJF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: twelve (12) original Agreements for
the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Paul
Cain, Unit 11, Building 11740 at North County Airport, terminating R2006-0447
on July 31, 2009;
B) Agreement to Terminate Hangar Lease Agreement with Fred H.
Gramling, Unit15, Building 11300 at North County Airport, terminating
R2003-0778 on July 31, 2009;
C) Agreement to Terminate Hangar Lease Agreement with Jaffe
Development Inc., Unit 5, Building 11200 at North County Airport, terminating
R2004-0036 on July 31, 2009;
D) Hangar Lease Agreement with Aircraft Sales of Palm
Beach, Inc., Unit 1, Building 201, at Palm Beach County Glades Airport for one
(1) year, automatically renewed at one (1) year intervals, commencing August 1,
2009 or the issuance of the Certificate of Occupancy for Building 201;
E) Hangar Lease Agreement with Vasile Ciuperger, Unit 9,
Building 201, at Palm Beach County Glades Airport for one (1) year,
automatically renewed at one (1) year intervals, commencing on August 1, 2009
or the date of issuance of Certificate of Occupancy for Building 201;
F) Hangar Lease Agreement with Glades AG Service, Inc.,
Unit 10, Building 201, at Palm Beach County Glades Airport for one (1) year,
automatically renewed at one (1) year intervals, commencing August 1, 2009 or
the issuance of the Certificate of Occupancy for Building 201;
G) Hangar Lease Agreement with Barton T. Perryman, Unit 8,
Building 201, at Palm Beach County Glades Airport for one (1) year,
automatically renewed at one (1) year intervals, commencing August 1, 2009 or
the issuance of the Certificate of Occupancy for Building 201;
H) Hangar Lease Agreement with Gary Trzepacz, Unit 6,
Building 201, at Palm Beach County Glades Airport for one (1) year,
automatically renewed at one (1) year intervals, commencing August 1, 2009 or
the issuance of the Certificate of Occupancy for Building 201;
I) Hangar Lease Agreement with William Whyte, Unit 4,
Building 201, at Palm Beach County Glades Airport for one (1) year,
automatically renewed at one (1) year intervals, commencing August 1, 2009 or
the issuance of the Certificate of Occupancy for Building 201;
J) Executive Hangar Lease Agreement with Aircraft Sales of
Palm Beach, Inc., Unit 5, Building 11250, at North County Airport for one (1)
year, automatically renewed at one (1) year intervals, commencing September 1,
2009;
K) Agreement for Rental Car Lease and Concession at Palm
Beach International Airport with Avis Rent A Car System, LLC for two (2) years
commencing October 1, 2009, terminating September 30, 2011; and
L) Agreement for Rental Car Lease and Concession at Palm
Beach International Airport with Budget Rent A Car System, Inc. for two (2)
years commencing October 1, 2009, terminating September 30, 2011.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2004-1367,
R2008-1845, R2009-0974 and R2009-1073. Countywide (AH)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: Amendment No. 2 to the Contract with The Weitz Company (R2007-1105) in the amount of $1,967,060 for construction management services for the Glades Road Branch Library establishing a Guaranteed Maximum Price (GMP) for the renovation of the existing library. SUMMARY: Amendment No. 2 establishes a GMP of $1,967,060 and 180 calendar days to completion of the building renovation work for the Glades Road Branch Library. The GMP includes the cost of work, the construction manager’s fee and a contingency. The project is funded with ad valorem tax revenue taken from Library Operating Funds, transferred and accumulated in the Library Expansion Program Fund to supplement the shortfall in funding for the Library Expansion Program II. The Small Business Enterprise (SBE) goal for this Contract is 15%. The Weitz Company’s SBE participation for this project is 22.2%. (Capital Improvements Division) District 5 (JM)
2. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 6 to the Contract with Colome & Associates, Inc. (R2007-0392) in the amount of $219,355 to provide architectural/engineering services for renovations to the Main Library. SUMMARY: CSA No. 6 will provide architectural and engineering services for permitting, design and construction phase services for the renovation of the Main Library which includes mechanical, plumbing, electrical and interior design upgrades. The project is funded from the General Obligation Bonds issued in 2006 for $22.3 million. Colome & Associates, Inc. has an annual contract for architectural services which provides for an overall Small Business Enterprise (SBE) participation goal of 70%. The participation on this CSA is 82.6%. When added to the consultant’s participation to date, the SBE participation is 75.5%. (Capital Improvements Division) District 2 (JM)
3. Staff recommends motion to approve: Amendment No. 4 to the annual Contract with Hedrick Brothers Construction (R2007-1506) for construction management services for various capital projects. SUMMARY: Hedrick Brothers Construction was selected to provide construction management services associated with the design and construction of various capital projects which may include new construction, additions, or renovations from $400,000 to $25,000,000. The original Contract provided for an initial two (2) year term with three (3) - one (1) year renewal options. Amendment No. 4 will provide for services during the first renewal period and add language to the Contract regarding the County’s policy for the use of preferences for evaluating subcontractor bids for Small Business Enterprise (SBE) and local firms. Hedrick Brothers Construction has a Small Business Enterprise (SBE) participation goal of 15%. During the first two (2) years of the contract, Hedrick Brothers Construction has achieved 28.2% participation. (Capital Improvements Division) Countywide (JM)
4. Staff recommends motion to approve: an Interlocal Agreement with the Department of Homeland Security, U.S. Seventh Coast Guard District (Coast Guard) allowing for interoperable communications through the countywide common groups of the County’s 800 MHz Radio System. SUMMARY: This Interlocal Agreement provides the conditions under which the Coast Guard can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. The County’s system will not be utilized for routine operational communications by the Coast Guard. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Coast Guard is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The term of the Agreement is for five (5) years with three (3) - five (5) year renewals. The Agreement may be terminated by either party, with or without cause. (ESS) Countywide (JM)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
5. Staff recommends motion to approve: an Agreement with Atlantic/Palm Beach Ambulance d/b/a AMR allowing for interoperable communications through the countywide and EMS common talk groups of the County’s 800 MHz Radio System. SUMMARY: This Agreement provides the conditions under which AMR can program into its radios and utilize the countywide and EMS common talk groups for certain types of inter-agency communications. The County=s system will not be utilized for routine operational communications by AMR. The terms of the Agreement are standard and have been offered to all EMS providers. This Agreement also contains state approved standard operating procedures specific to the use of the EMS common talk groups. There are no charges associated with this Agreement. AMR is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The term of the Agreement is for three (3) years with one (1) - three (3) year renewal or as long as AMR possesses a valid certificate of need within Palm Beach County; whichever comes first. The Agreement may be terminated by either party, with or without cause. (ESS) Countywide (JM)
6. Staff recommends
motion to approve: a
First Amendment to the Agreement (R2004-1890) with the City of Atlantis (City)
allowing for interoperable communications through the countywide common groups
of the County’s 800 MHz Radio System.
SUMMARY: The Agreement
with the City, which provides the terms and conditions under which the City can
program into its radios and utilize the countywide common talk groups for
certain types of inter-agency communications will expire on September 13, 2009. The Agreement provides for three (3) - five
(5) year renewals but renewals require approval by both parties. The City has approved the first renewal to
extend the term of the Agreement through September 12, 2014 and the renewal now
requires Board approval. The terms of
the Agreement are standard and have been offered to all municipalities and
local branches of federal agencies with 800 MHz trunked radio capabilities.
There are no charges associated with this Agreement. The City is required to
pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The Agreement may be terminated by either
party, with or without cause. (ESS) Countywide (JM)
7. Staff recommends motion to approve:
A) an Interlocal Agreement with the City of West Palm Beach (City) allowing for the shared use of an electronic surveillance video system (System) located at the new Intermodal Facility; and
B) a Equipment and Access Agreement which will allow the City to assume ownership of the equipment and be responsible for the ongoing operation, maintenance, and repair of the System.
SUMMARY: The operations plan for the Intermodal
Facility focused on both the security and operational requirements of the
Facility to determine the most effective combination of physical, human and
electronic systems. Security
requirements have been met with perimeter fencing, lighting, landscaping and
security guards. Operational
requirements can be met with video surveillance. It is mutually beneficial to both the County
and City to expand and leverage the use of the City’s existing System. The
County will furnish seven (7) video cameras and related infrastructure
(Equipment) to be interfaced directly with the City’s existing System. The City
will assume ownership of the Equipment and be responsible for the ongoing
operation, maintenance, and repair. The
City will provide the County with access to System, and there are no
charges associated with this Agreement. The City is required to pay all costs
associated with Equipment maintenance and to comply with the established
operating procedures for the System. The term of the Agreement is five (5)
years. The Agreement may be terminated
by either party due to default only. (ESS) Countywide (JM)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends motion to approve: the North County Government Center Plat. SUMMARY: The County is currently constructing a 14,612 square foot expansion to the North County Regional Library located at the southwest corner of PGA Boulevard and Campus Drive in Palm Beach Gardens. Located adjacent to the Library is the North County Courthouse and vacant unimproved County land. Pursuant to Sections 78-441 and 78-424(b) of the City of Palm Beach Gardens Code of Ordinances, the County is required to plat the entire 27.69 acre County-owned property. Additionally, Palm Beach Gardens Resolution 27, 2008, Condition 7, which approved the site plan for the North County Regional Library expansion, requires the entire County-owned property to be platted. The County is signing the Plat as the property owner. (PREM) District 1 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 004 to an Agreement (R2006-0354) with the City of Lake Worth, to extend the expiration date from July 31, 2009, to October 31, 2009, and to reduce the allocated amount from $452,527 to $302,527. SUMMARY: This Amendment provides an extension of three (3) months to the term of the existing Agreement for street improvements on Latona Avenue in the City of Lake Worth. This project, which is under construction, includes installation of traffic calming measures, crosswalks, handicap ramps, streetlights, trees and sidewalks. The time extension being provided through this Amendment will align with the contractor’s work schedule and allow time to process reimbursements to the City. The $302,527 remaining available to the City under the Agreement for this project are sufficient to fund the $258,116 construction contract and will reserve $44,411 for construction contingencies. The $150,000 reduction in the allocated amount will allow the County to use these funds for another project while the City identifies a new project. HCD will re-allocate $150,000 to the City at a future time after the City identifies another eligible project. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to:
A) adopt a Resolution approving the Seventh Amendment
to the State Housing Initiative Partnership (SHIP) Local Housing Assistance
Plan (LHAP) (R2006-0735) for fiscal years 2007-2008, 2008-2009 and 2009-2010
providing funding for SHIP program strategies, based on the 2007-2008 and 2008-2009 funding allocation;
B) approve
a Budget Amendment of $874,075 in the Affordable Housing Trust Fund to
recognize an increase for fiscal year 2007-2008 and 2008-2009 of State SHIP
funds from the Florida Housing Finance Corporation (FHFC);
C) approve
revisions to the funding levels for strategies in the LHAP for fiscal year
2007-2008 increasing funding from $877,548 to $888,414 for Administration and
from $1,250,000 to $1,311,573 for Owner Occupied Housing Rehabilitation; and
D) approve revisions to the funding levels for
strategies in the LHAP for fiscal year 2008-2009 increasing funding from
$1,150,433 to $1,270,678 for Administration and from $1,250,000 to $1,931,391
for Owner Occupied Housing Rehabilitation.
SUMMARY: Palm Beach County receives an annual
allocation from the State of Florida Housing Finance Corporation through the SHIP
Program to implement various affordable housing programs and other related
activities. For Fiscal Year 2007-2008,
Palm Beach County (County) was scheduled to receive $8,662,262 in SHIP funding
but received an additional $72,439 for a total allocation of $8,734,701. For Fiscal Year 2008-2009, the County was scheduled
to receive $8,600,451, but received an additional $801,636 for a total
allocation of $9,402,087. These are
State SHIP funds that require no local match. Countywide (TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends motion to approve:
A) a Budget Transfer of $1,786,957 in the State Housing Initiative
Partnership (SHIP) FY 2007/2008 Fund to decrease all appropriations and
increase the transfer to the Affordable Housing Trust Fund to close out the
fund; and
B) a Budget Amendment of $1,786,957
in the Affordable Housing Trust Fund to increase the transfer from the SHIP FY 2007/2008
Fund and the appropriation to the affordable housing projects.
SUMMARY: In accordance with Palm Beach County PPM
No. CW-F-003, the Department of Housing and Community Development uses the Cost
Accounting/Grant Method in AMS Advantage to track grant financial
activity. Separate funds have been
established for annual, recurring grants using unique program code and grant year
references to identify each new allocation/entitlement of funding from Grantor
Agencies within the applicable fund. Fund 1100 is used to account for and
appropriate budget for the annual allocation of SHIP funds. In FY 2007, a new
Affordable Housing Trust Fund 1107 was established and budget was appropriated
for the FY 2007/2008 allocation of State SHIP funds. A budget transfer and
amendment are necessary to transfer the remaining FY2007/2008 budget in Fund
1107 to Fund 1100 to comply with PPM No. CW-F-003. These are State SHIP funds that require no local match. Countywide (TKF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: an Interlocal Agreement with the City of Pahokee
(City) providing for reimbursement to the City in the amount of $101,000 for
new billing software and related hardware.
SUMMARY: On July 8,
2008, the Board of County Commissioners approved up to $500,000 in
reimbursement to the City in relation to a certain City utility project (County
Resolution No. R2008-1151). A portion of
this reimbursement was for the update of the City’s billing software. As part of this software update, the City was
required to update certain computer hardware. The City has requested that the
County reimburse the City for a portion of the billing software and hardware
from the approved $500,000 reimbursement. Under the terms of this Agreement,
the City is responsible for any billing software or related hardware costs in
excess of $101,000. District 6 (MJ)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to adopt: a Resolution requesting that the Florida Department of Environmental Protection (FDEP) review a funding application and support funding for shoreline protection projects within its Fiscal Year 2010/2011 Beach Erosion Control Assistance Program. SUMMARY: The County is requesting that the State appropriate $1,991,110 for the Jupiter/Carlin Shore Protection Project, $550,000 for the Jupiter Beach Erosion Control Project, $157,750 for the Juno Beach Shore Protection Project, $3,135,554 for the Singer Island Shore Protection Project, $4,650,000 for the Central Palm Beach County Comprehensive Erosion Control Project (formerly known as the South Palm Beach Shore Protection Project), $52,000 for the South Lake Worth Inlet Management Plan, and $221,490 for the Ocean Ridge Shore Protection Project. Cost share percentages for each project are based on eligibility and public access as stated in Program Rule 62B-36, Florida Administrative Code. If the State Legislature approves the requested $10,757,904 funding for all of the projects, the County’s matching share would be $12,336,474. There is no fiscal impact until State funding is appropriated and a project agreement is executed. The State and Federal share of each project’s costs would be allocated to the County on a reimbursement basis. If State funds were to be appropriated for the projects, and County funding is found to be insufficient to match the State-funded project, other funding sources could be considered, such as short-term borrowing, securing bonds, or delaying the design and construction of other projects already funded. Districts 1 & 4 (SF)
2. Staff recommends motion to approve: an Interlocal Agreement (Agreement) for 50 years with the Florida Turnpike Enterprise (Turnpike Enterprise) that provides the use of the eastern drainage ditch of the Turnpike mainline roadway to reroute water into the Winding Waters Natural Area as part of the hydrologic restoration of that natural area; management of the Turnpike Enterprise property adjacent to the Winding Waters Natural Area as conservation lands until such time as the Turnpike Enterprise determines the land is needed for their requirements; and allows the Turnpike Enterprise to drain stormwater runoff from the Turnpike mainline through the Winding Waters Natural Area. SUMMARY: The wetland creation and restoration project at the Winding Waters Natural Area depends on the water sources coming from the eastern drainage ditch of the Turnpike mainline right-of-way. This Agreement provides permission for access to conduct the field work necessary to improve the ditch for the conveyance of water to be rerouted northward from the EPB-10 Canal (located to the south), through the Turnpike ditch and into the northwest corner of the Winding Waters Natural Area. In return for the use of the Turnpike mainline ditch, the County will manage the remaining natural lands on the Turnpike Enterprise property adjacent to the natural area with similar methodologies as used on conservation lands and accept the stormwater runoff from the Turnpike mainline right-of-way between the Bee Line Highway and 45th Street, which will be routed through the created wetlands on the Winding Waters Natural Area. Approval of this Agreement will allow the Department of Environmental Resources Management to proceed expeditiously with the completion of the wetland creation project and the hydrologic restoration of the site. It will allow the use of the eastern ditch of the Turnpike mainline right-of-way as envisioned in the wetland restoration plan for the Winding Waters Natural Area, and will eliminate the need to create a whole new conveyance canal on the Winding Waters Natural Area that would have destroyed approximately eight (8) acres of native habitat. The field work associated with this hydrologic restoration is funded by a $1.5 million grant from the Natural Resources Conservation Service (NRCS) with a completion deadline of August 2010. The term of this Agreement is 50 years with an opportunity for extension. District 7 (HF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve Agreement (Contract No. 0141972) with the Florida Department of Agriculture and Consumer Services (FDACS) for mosquito control services performed by the Department of Environmental Resources Management, for the period October 1, 2009, through September 30, 2010 for an amount not to exceed $39,000; and
B) 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 this Agreement.
SUMMARY: The Agreement provides Arthropod Control State Aid of $39,000 with a County match of one hundred percent (100%) for one (1) year beginning October 1, 2009. The match is included in the $2,228,823 proposed 2010 budget for Mosquito Control. Countywide (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: original executed Request for Funding
Form for School Board Recreation Assistance
Program (RAP) project for Poinciana Math/Science/Technology
Elementary School for the period August 1, 2009, through June 30, 2010, in an
amount not-to-exceed $3,385 for funding of after school programs. Summary: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747), as amended. Funding is from the Recreation Assistance
Program (RAP) District 3 Funds. District 7 (AH)
2. Staff recommends
motion to approve: Recreation Assistance Program allocation to
the Parks and Recreation Department in an
amount not-to-exceed $4,000 for the Veteran’s Park Veterans’ Day and Memorial Day events. Summary: This allocation provides $4,000 to fund the Veterans’ Day event to
be held on November 11, 2009, at Veteran's
Park in Boca Raton. The unexpended
funding from the Veterans’ Day event is to be allocated for the Memorial Day
event to be held in May 2010. These
events are held in cooperation with the West Boca Veteran’s Coalition for an
expected audience of 250 people.
Funding is from the Recreation Assistance Program (RAP) District 5
Funds. District 5 (AH)
3. Staff recommends
motion to receive and file: fully executed original Agreement for
Recreation
Assistance Program (RAP) funding as follows: Agreement with Nelson’s Outreach
Ministries, Inc. for the period July 23, 2009, through October 22, 2010, in an
amount not-to-exceed $7,000 for Youth on the Move After School and Summer Camp
programs. Summary: Delegation
of authority for execution of this standard Recreation Assistance Program (RAP)
Agreement was approved by the Board on May 19, 2009 (5F-1). Funding is from RAP District 7 Funds.
District 7 (AH)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
4. Staff recommends
motion to approve: Consent to Easement
Agreement with the
United States of
America, Department of the Army, for the South Bay Boat Ramps. Summary: On April 7, 2009, the Board authorized the
Parks and Recreation Department to send a letter to the Army Corps of Engineers
(ACOE) requesting that the Consent to
Easement Agreement for the South Bay Boat Ramp be reassigned from the City of
South Bay to the County (R2009-0606). ACOE provided the County a Consent to Easement
Agreement, No. DACW17-9-09-0059, which supersedes the consent granted to the
City of South Bay. The Agreement allows the County to operate and maintain the
South Bay Boat Ramp Park recreation improvements that are located on the
Federal right-of-way of the Okeechobee Waterway. The Agreement states that ACOE
is not responsible or liable for damages to the property, improvements or
injuries to persons which are caused by their actions. ACOE declined to remove these provisions from
the Agreement. The Department has
funding in place to renovate this boater access park and will manage it in conjunction
with the adjoining South Bay RV Campground. District 6 (AH)
5. Staff recommends
motion to approve: Budget Transfer of $75,000 in the Park Improvement
Fund from Haverhill Park Basketball Courts to John Prince Park Administration
Building Phase II. Summary: This Budget Transfer will
provide additional funding necessary for the installation of a generator at the
Parks and Recreation Administration building. The current project estimate is
$170,000 and includes generator, conduit and wiring, landscaping, fencing and
other miscellaneous costs associated with this project. District 3 (AH)
N. LIBRARY
1. Staff recommends
motion to:
A) approve
an Application to the Florida Department of State, Division of Library and
Information Services, for State Aid to Libraries in an estimated amount of
$889,560 for FY 2010;
B) approve
the Agreement for State Aid to Libraries; and
C) authorize
the Chairman of the Board of County Commissioners to execute any other
necessary forms and certifications.
Summary:
The State provides an annual operating grant to eligible libraries based
upon their annual operating expenditures from local funds. Estimated State Aid
revenue has been included in the County Library=s FY 2010 proposed budget. There is no
match requirement for this grant. Countywide (TKF)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE
EXTENSION SERVICE
1. Staff
recommends motion to:
A) ratify the Chairman’s signature approving a grant
application to the United States Department of Education – Early Reading First
Grant Program in the amount of $3,894,367, for the period of September 1, 2009,
through August 31, 2012, with no in-kind match requirement;
B) authorize the County Administrator or his designee to
execute any certifications, standard forms, or amendments to the grant
agreement, if approved, that do not change the scope of work or terms and
conditions of the grant; and
C) authorize the Director of Cooperative Extension to
serve as the County’s Administrator for the purpose of electronically signing
and submitting the Grant Application via the Grants.gov website.
Summary: The United States Department of Education – Early Reading First (ERF) grant provides funds for projects improving literacy and language skills for at risk preschool children. The project submitted, entitled “Planting Seeds of Success” is to be conducted in three (3) National Association for Educating Young Children accredited Head Start Centers in Belle Glade, Pahokee and South Bay, involving 661 three (3) and four (4) year olds over a period of three (3) years. It will emphasize and foster the development of phonemic awareness, vocabulary, comprehension and oral language skills based on the agricultural richness of the children’s environment. It will embrace early literacy skills including print awareness, story comprehension, oral language and writing. Children will be guided to appreciate and understand cultural diversity of which they are a part, focusing on letter and sound recognition, vocabulary, sequencing, directionality and print awareness. The maximum award for one project application is $4.5 million. Palm Beach County is requesting $3,894,367 to fund this educational project, with no in-kind match required. The deadline for electronic submission of this grant application was June 18, 2009. Due to the preparation time submittal deadlines and BCC meeting dates, the grant had to be approved prior to full board approval. Countywide (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: the First
Amendment to the Interlocal Agreement (R2008-1784) with the City of Riviera
Beach Justice Service Center for the period from October 1, 2008, to September
30, 2009 to increase the amount by $8,100, for a total of $441,412. SUMMARY: The Riviera
Beach Justice Service Center,
which serves as the corrections component of the Youth Violence Prevention
Project, has identified a critical need in services to ex-offenders and plans
to develop an on-site computer
lab for the purposes of job training and job seeking. Unobligated dollars from the City of Lake
Worth Youth Empowerment Center will be transferred to fund the project
above. The adopted budget for the Lake
Worth Youth Empowerment Center was $326,688; however only $277,170 was
requested as part of the Interlocal Agreement. Countywide (DW)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2. Staff
recommends motion to:
A) receive and file the Quantum Neighborhood Initiative Grant in the
amount of $56,375 for the West Palm Beach Community Justice Service Center for
the period of September 1, 2009, to September 1, 2010; and
B) approve a Budget
Amendment of $56,375 in the Quantum Foundation Neighborhood Initiative Grant
Fund to establish funds for this grant project.
SUMMARY: This is a Quantum Neighborhood Initiative Fund Grant in the amount of $56,375
to provide employment readiness skills, job coaching and job development at the
West Palm Beach Community Justice Service Center. The goal is to work with 90
clients to prepare them for work and obtain employment. The Grant is to hire a
job coach/developer and provide classes in employability skills, develop
employers willing to give people a chance, and then provide support to maintain
employment. This is a collaborative effort with numerous organizations in the
area. The Grant is for one (1) year with the option to apply for a second year
if funding is available. There is no match requirement. District 7 (DW)
3. Staff recommends motion to approve: an
Amendment to the Agreement (R2009-0456) with the Palm Beach County Sheriff’s
Office (PBSO) for a no-cost extension from October 1, 2009, to September 30,
2010 to support the Youth Violence Prevention Project (YVPP) Gun Show Initiative as the law enforcement component of the YVPP. SUMMARY:
The Law Enforcement
Planning Council, representing the law enforcement component of the Youth
Violence Prevention Project, has approved up to $49,000 for overtime to support
the YVPP Gun Show Initiative. There are unexpended dollars from this initiative
due to the scheduling of the gun shows.
The additional law enforcement activities at the gun shows will be
coordinated by the Violent Crimes Task Force, which is made up of municipal
police departments as well as the PBSO.
This initiative is focused on stopping the illegal sales and purchases
of guns at gun shows which are a major source of firearms for youthful
offenders. Countywide (DW)
S. FIRE
RESCUE
1. Staff recommends motion to approve: Memorandum of Agreement with the Children’s Services Council of Palm Beach County providing the County funding of up to $50,000 for the Drowning Prevention Coalition for the period October 1, 2009, to September 30, 2010. SUMMARY: The Drowning Prevention Coalition Program is managed by Palm Beach County Fire Rescue. However, the Program is funded by multiple sources including the Children’s Services Council (CSC) of Palm Beach County and the County’s general fund. This Memorandum of Agreement provides the terms and conditions of the Children’s Services Council of Palm Beach County’s agreement to provide funding to the County of up to $50,000 for the Drowning Prevention Coalition Program. The additional funding of this Program for FY 2010 is being provided from the County’s General Fund in the amount of $150,000. Countywide (PK)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
T. HEALTH
DEPARTMENT
1.
Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
adopting the FY 2009/2010 budget for the Air Pollution Control Program. SUMMARY:
This Resolution is required by the August 21, 1984, Agreement between the Board
of County Commissioners and the Palm Beach County Health Department to
establish the annual budget for the expenditure of fees deposited into the Air
Pollution Control Trust Fund. This program is solely supported by motor vehicle
license registration fees. The proposed FY 2009/2010 budget for the Air
Pollution Control Program from this funding source is $964,668 which is a 4.3%
increase over the current year. This increase can be accommodated by a large
surplus in the Air Pollution Control Trust Fund and will offset reduced funding
for the Air Pollution Control Program from other revenue sources.
Countywide (GB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to approve:
A) an Agreement with Florida Power & Light
(FPL) granting permission to attach wireless antennas on FPL street light
poles; and
B) an Interlocal Agreement with the City of
West Palm Beach.
SUMMARY: Palm Beach County has negotiated an
Agreement with FPL that allows Information System Services (ISS) Department to
mount wireless antennas on FPL streetlights. These antennas will provide
wireless Internet access in high poverty neighborhoods as part of the “Digital
Divide” projects sponsored by the Palm Beach Broadband Coalition. ISS will
mount the antennas and provide Internet access through the County broadband
network, similar to the service provided to the public at Palm Beach
International Airport and other County facilities. Under the Interlocal Agreement,
the City of West Palm Beach will be responsible for paying the annual pole
attachment fee of $117 per pole and the associated power costs of $5 per month
per pole. Palm Beach County is not
responsible for any costs of this project beyond the in-kind services provided
by ISS. The initial term of the
Agreement with FPL is for four (4) years and thereafter the Agreement will be
automatically renewed for an additional one (1) year term unless either party
provides written notice of termination.
The Agreement with West Palm Beach is for one (1) year with an automatic
renewal for an additional year unless either party provides written notice of
termination. District 7 (PFK)
SEPTEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: the following contract extensions with
veterinarians for an additional year to end September 30, 2010 at an additional
amount of $10,000 each:
A) Dr. Byron Reid d/b/a Byron Reid &
Associates V.M.D.P.A. for large animal services; and
B) Dr. Xavier Garcia, D.V.M. d/b/a El Cid
Animal Clinic, for relief and emergency veterinary services.
SUMMARY: On May 6,
1997, the Board adopted a resolution authorizing the County Administrator, or
his designee, to execute standard contracts with various Florida licensed
veterinarians to provide needed part-time, relief and emergency “on-call”
professional medical services for shelter animals. The renewals have been reviewed
by the Department of Public Safety and found to be in compliance with the
approved contracts. Countywide (SF)
* * * * * * * * * * * *
SEPTEMBER 1, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring October 2009 as “Domestic Violence Awareness Month” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
B. Proclamation
declaring September 15, to October 15, 2009 as “Hispanic Heritage Month” in
Palm Beach County. (Sponsored by Commissioner Koons)
C. Presentation
of the 2008 Animal Kindness Award Junior Recipient to Hannah McLeod in
recognition of her selflessness and charitable giving to animals in Palm Beach
County. (Sponsored by Commissioner Santamaria)
D. Presentation
of the 2008 Animal Kindness Award to Tina Valant-Siebelts in recognition of her
dedication and devotion to rescuing and saving the lives of countless animals
in need. (Sponsored by Commissioner Abrams)
* * * * * * * * * * * *
SEPTEMBER 1, 2009
5. 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, titled Palm
Beach County Construction Permit Fee Schedule; repealing Ordinance 2005-018;
providing for the construction permit fee schedule as Exhibit “A”; providing
for time for assessment of fees; providing for methodology for valuation for
primary permitting fees; providing for review; providing reference for
administrative details on permits; providing for refunds; providing for fee
increases for failure to obtain permits in advance of construction; providing
for violations on non-payment of fees; providing for records of fees; providing
for repeal of laws and ordinances in conflict; providing for a savings clause;
providing for severability; providing for applicability; providing for
inclusion in code; and providing for an effective date. SUMMARY: On July 12, 2005, the Board of County Commissioners of Palm Beach
County adopted Ordinance 2005-018, titled Palm Beach County Construction Permit
Fee Schedule, along with Exhibit “A”, which was incorporated. That ordinance called for an annual review of
building permit fees to determine if fee adjustments are required. Based upon
that review it has been determined that a fee increase is necessary to balance
revenues and expenditures and to maintain an adequate level of service. Significant fee increases have not occurred
since 2003. Thus, Palm Beach County’s
fees are much lower than most other local jurisdictions. The building industry
has been included in the review process. Unincorporated (GB)
* * * * * * * * * * * *
SEPTEMBER 1, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve:
Amendment No. 18 to the Contract (R91-1876D) with Robert Weisman, County
Administrator, extending said Contract for one (1) additional year ending
December 31, 2014. SUMMARY: This Amendment provides for the County
Administrator's services through December 31, 2014. The current Contract
expires December 31, 2013. This is a one
(1) year extension. This year marks completion of 29 years as a County employee
and 18 years as Administrator. No change
to the current salary of $251,592.64 is proposed. Countywide (MC)
2. Staff recommends
motion to approve:
A) Trademark/Service Mark Application for the Mark: “America’s First Resort Destination” for the County’s Tourism Promotion Program; and
B) the authorization for the County Administrator or his/her designee to execute the Application and any future Trade or Service Mark documents required by the U.S. Patent and Trademark Office to establish or maintain the use of trade or service marks for the County’s Tourism Promotion Program.
SUMMARY: This Application
will be filed with the U.S. Patent and Trademark Office in order to establish
and preserve the mark: “America’s First Resort Destination” for exclusive use
for the County’s Tourist Promotion Program.
The agenda item also delegates to the County Administrator the authority
to execute future documents required by the Patent and Trademark Office in order
to establish or maintain the use of trade and service marks that will be used
by the County, the Tourist Development Council or the tourism “agencies” in the
promotion and marketing of Palm Beach County Tourism. Countywide (MC)
3. Staff recommends
motion to adopt: a Resolution approving
the application of Oxygen Development, LLC, with respect to Recovery Zone
Facility Bonds (RZFB) for a certain project; evidencing "official intent"
with respect to the issuance thereof; authorizing certain actions related
thereto and as to other related matters; and providing for an effective date. SUMMARY: Oxygen Development, LLC (the
"Company"), a manufacturer of color cosmetics, skin care, hair care
and over-the-counter drug-type products, submitted an application to Palm Beach
County for the issuance of RZFB in an amount not to exceed $24 million (the
"Bonds"), for the financing of a manufacturing/global headquarter
facility on a site located at 1525 South Congress Avenue in Palm Springs, which
is owned by the Company’s affiliate Oxygen Holdings, LLC, a real estate
alter ego company. The total
project investment for facility bond is $23,110,000. The Company is permitting
the bond holders to take a first lien on the above property, which is valued at
$4,000,000, and injecting $630,000 in cash. The Company will create 800 new
full-time equivalent jobs within five (5) years of which 51% will be offered to
persons with low to moderate income. The County’s fees from bond proceeds would
pay the County, through the Economic Development Office $112,400 and the
Attorney’s Office $10,000, totaling to a maximum of $122,400. If issued, the Bonds will be the sole
obligation of the Company or said affiliate. Neither the taxing power nor
the faith and credit of the County, nor any County funds, shall be pledged to
pay principal or redemption premiums, if any, or interest on the Bonds. District
3 (PFK)
SEPTEMBER 1, 2009
6. REGULAR
AGENDA
b. Community Services
1. Staff recommends motion to:
A) approve an Agreement with the State of Florida, Department of Community Affairs (DCA), for the period of October 1, 2009, through September 30, 2010, in an amount not-to-exceed $1,461,906, for FY 2010 Community Services Block Grant (CSBG) – American Recovery and Revitalization Act (ARRA);
B) delegate authority to the County Administrator or his designee to sign a sub-grant agreement with Gulfstream Goodwill Industries, Inc. (Goodwill), for the period of October 1, 2009, through September 30, 2010, in an amount not to exceed $1,086,225, for provision of pre-employment training, job development and job placement services;
C) approve six (6) new one-year grant-funded positions; and
D) approve Budget Amendment of $1,461,906 in the Community Action
Program fund to establish grant budget, contingent upon grant award.
SUMMARY: The FY 2010
CSBG-ARRA funds will provide a range of services to low-income households in
Palm Beach County to support job
creation and preservation. CSBG - ARRA funds will enable the Palm Beach
County Community Action Program to
support job creation as well as preparation by low-income people to assume new
and existing jobs. Goodwill will partner
with the County to train individuals referred for employment as well as create
new jobs. The six (6) additional staff consisting of one (1) Grant
Manager, two (2) Family Development Specialists and three (3) Community Action
Outreach Specialists, will ensure
program’s capability to carry out the additional responsibilities associated
with the program goals. These are one-year positions that will be eliminated
upon grant expiration. No match
is required. (Community Action Program) Countywide
(TKF)
C. COUNTY
ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
September 15, 2009 at 9:30 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, repealing Ordinance
No. 04-042, as codified in Sections 2-166 through 2-172 of the Palm Beach County
Code; which re-established the administering board of the community action
council; 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:
Based on recommendations from a consultant,
the Community Action Council will be re-established by resolution. Countywide
(TKF)
* * * * * * * * * * * *
SEPTEMBER 1, 2009
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Small
Business Assistance Advisory Committee)
1. Staff recommends
motion to approve: appointment
of five (5) individuals to the Small Business Assistance (SBA) Advisory
Committee, for the terms indicated below:
Nominee
Seat Designation Term Nominated By
Joseph J. Johnson 1 Certified
Black
Business Owner 9/01/2009 – 7/13/2010 Comm.
Marcus
Comm.
Koons
Comm.
Taylor
Comm.
Aaronson
Athena G. Yannitsas 3 Certified
Woman
Business Owner
9/01/2009 – 8/31/2012 Comm. Marcus
Comm.
Koons
Comm.
Taylor
Comm.
Aaronson
Yvonne Peterman 5 Business
Owner
Domiciled in PBC 9/01/2009
– 10/15/2010 Comm. Marcus
Comm.
Koons
Comm.
Taylor
Comm.
Aaronson
Jane C. Bloom 9 Women’s
Business
Organization 9/01/2009 – 8/31/2012 Comm.
Marcus
Comm.
Koons
Comm.
Taylor
Comm.
Aaronson
Lynn Solomon 14
Black Chamber
of Commerce 9/01/2009 – 12/1/2011 Comm. Marcus
Comm.
Koons Comm. Taylor
Comm. Aaronson
SUMMARY: The
SBA Advisory Committee was established by Ordinance 2002-064. The committee
consists of fourteen (14) members representing one (1) black business owner
certified as a small business by the County; one (1) Hispanic business owner
certified as a small business by the County; one (1) woman business owner
certified as a small business by the County; one (1) white male business owner
certified as a small business by the County; one (1) business owner domiciled
in Palm Beach County; one (1) representative of the Palm Beach County Resource
Center; one (1) representative of the Hispanic Chamber of Commerce; one (1)
representative of the National Organization of Women in Construction; one (1)
representative of a Women’s Business Organization; one (1) certified minority
contractor; one (1) representative of the Associated General Contractors; one
(1) representative of the Small Business Development Center; one (1)
representative of the Business Loan Fund of the Palm Beaches; and one (1)
representative of The Black Chamber of Commerce. The representatives for Seat
Numbers 1, 3, 5, 9, and 14 are new appointments. A memo was sent to the Board
of County Commissioners on April 2, 2009 which requested nominations to the
committee for Seat No. 3 for a Certified Woman Business Owner and Seat No. 9
for a Women’s Business Organization. No other nominations were received.
Subsequently, Seat No. 14 for The Black Chamber of Commerce became available
because the incumbent could not attend meetings. Seat No. 1 for a Certified
Black Business Owner and Seat No. 5 for a Business Owner Domiciled in Palm
Beach County were switched to better comply with the respective seat
requirements. Countywide (TKF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 1, 2009
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
SEPTEMBER 1, 2009
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
SEPTEMBER 1, 2009
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
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."
September 1, 2009 – 9:30
a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
SEPTEMBER 1, 2009
PAGE ITEM
7 3B-6 REVISED
MOTION: Staff recommends motion to approve, based on
certification of the Tax Collector:
A) List of errors insolvencies, double assessments, discounts & Value
Adjustment Board reductions on the 2007
assessment roll; and…(Clerk & Comptroller)
26 4E ADD-ON: Proclamation declaring September 20, 2009 as
“National Neighborhood Day” in Palm Beach County. (Sponsored by Commissioner Vana)
26 4F ADD-ON: Proclamation
declaring September 2009 as “National Sickle Cell Month” in Palm Beach
County. (Sponsored by Commissioner
Taylor)
28 6A-4 ADD-ON:
Staff requests Board direction: on whether to provide supplemental
funding out of general funds to the City of Belle Glade for $94,453 and the
City of Pahokee for $65,959 to offset their FY 2010 budget deficits resulting
from the 10 mill cap on their ad valorem tax levies. SUMMARY: Pursuant
to Florida Statute 125.01, taxes levied for municipal purposes by all
municipal service taxing units and the municipality may not exceed 10
mills. The Cities of Belle Glade and Pahokee are proposing millage rates,
which combined with Fire Rescue’s millage rate of 3.4581, will cause each of
them to exceed the 10 mill cap. Supplemental funding from the County would
enable each city to adopt a lower millage rate than currently proposed, without
having to make further cuts in their budgets or service levels provided to
their taxpayers. South Bay has proposed a tax rate within the 10 mill
cap. Staff does not support this request due to precedence for these and
other cities and that a larger subsidy will be required for FY 2011. Countywide
(SB) (Admin)
29 6B-1 REVISED TITLE: Staff recommends motion to:
A) approve an Agreement with the State of Florida,
Department of Community Affairs (DCA), for the period of October 1, 2009
July 1, 2009, through September 30, 2010, in an amount not-to-exceed
$1,461,906, for FY 2010 Community Services Block Grant (CSBG) – American
Recovery and Revitalization Act (ARRA);…(Community
Services)
33 10F ADD-ON: Proclamation declaring September 19, 2009 as
“Caribbean-American for Community Involvement Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)
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 (*).