ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
NOVEMBER 17, 2009
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
D. Election
of Chair
E. Election
of Vice Chair
F. Comments
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6 - 22)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 23 - 24)
5. REGULAR
AGENDA (Pages 25 - 28)
TIME
CERTAIN 11:00 A.M. (Affordable Housing Resolution) (Page 25)
6. BOARD
APPOINTMENTS (Pages 29 - 30)
7. STAFF
COMMENTS (Page 31)
8. COMMISSIONER
COMMENTS (Page 32)
9. ADJOURNMENT (Page 32)
* * * * * * * * * * *
NOVEMBER 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA
Page 6
3A-1 Modification
No. 2 with FEMA regarding Grove Street drainage system improvements
3A-2 Neighborhood
Partnership grant agreements with nine (9) entities/individuals
Page 7
3A-3 First Amendment to Tri-Party Agreement with
Supervisor of Elections and Runbeck Elections Services, Inc. for Sentio ballot
printing equipment
B. CLERK
& COMPTROLLER
Page 7
3B-1 Warrant list
3B-2 Minutes:
None
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING
& PUBLIC WORKS
Page 7
3C-1 Report of
plat recordations (July 1 – September 30, 2009)
3C-2 Resolution to temporarily designate State
Road 7 Extension, Orange Grove Boulevard, and Persimmon Boulevards as “No
Through Truck” routes
3C-3 Deleted
Page 8
3C-4 Agreement with Country Club Maintenance
Association of Broken Sound regarding irrigation system replacement
3C-5 Resolution
authorizing subordination of drainage easement to FDOT relative to SR 708
3C-6 Resolution
vacating a 15 foot wide private drainage easement within Oriole Jewish Center
D.
COUNTY ATTORNEY - None
E.
COMMUNITY SERVICES
Page 8
3E-1 Head
Start/Early Head Start Policy Council Resolution
Page 9
3E-2 Four (4) Delegate Agency Agreement Amendments
for cost of living adjustment and quality improvement funding
3E-3 Application to Early Learning Coalition
regarding Voluntary Pre-Kindergarten program funding
Page 10
3E-4 Head Start Contracted Services Agreement
with three (3) centers for Head Start services
F.
AIRPORTS
Page 10
3F-1 Resolution
establishing standard Automobile Transport Operator Permit form
3F-2 Resolution
regarding standard Airport Facilities Use Agreement form
Page 11
3F-3 Receive and
file seven (7) standard agreements for Department of Airports
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 12
3G-1 Budget
Transfers for year-end budget adjustments
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 Interlocal
Agreement with Village of North Palm Beach for radio maintenance services
Page 13
3H-2 Second Amendment with Columbia JFK Medical
Center regarding County’s 800 MHz radio system
3H-3 Utility Easement Agreement in favor of FPL
regarding South County Regional Park street lights
NOVEMBER 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 13
3I-1 Amendment
No. 1 with City of Delray Beach regarding housing rehabilitation program
3I-2 Amendment
No. 2 with City of West Palm Beach regarding housing rehabilitation program
Page 14
3I-3 Amendment No. 2 with We Help Community
Development Corp. for housing rehabilitation program
3I-4 Amendment
No. 1 with NOAH Development Corp. for hurricane hardening improvements
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 14
3K-1 Unit Price
Contract with Rangeline Tapping Services regarding emergency pipe repairs, etc.
3K-2 Partial
Release of Utility Easement to New Country Motor Cars of Palm Beach, LLC
Page 15
3K-3 Work
Authorization No. 20 with Globaltech, Inc. for WTP. No. 8 Ferric Chloride
System
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 15
3L-1 Deleted
3L-2 Work Supplement No. 1666-03B with Eastman
Aggregate Enterprises regarding Ibis Isle Restoration project
Page 16
3L-3 FDOT Local
Agency Program Agreement regarding historic Jupiter-Indiantown Trail
3L-4 Change Order
No. 2 with J.W. Cheatham regarding Winding Waters Natural Area
M.
PARKS & RECREATION
Page 17
3M-1 Second
Amendment with City of Belle Glade regarding Airport Park improvements
3M-2 Receive and file
three (3) Independent Contractor Agreements
3M-3 Use Agreement
with SFWMD for temporary parking at Lake Lytal Park
3M-4 Budget
Transfer regarding recreational sports lighting at three (3) County parks
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 18
3Q-1 Second
Amendment with Office of Public Defender regarding Ex-Offender Re-entry Program
3Q-2 Interlocal
Agreement with PBSO regarding Strategically Targeting Online Predators
Initiative
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 18
3S-1 Side Agreement to Collective Bargaining
Agreement with Professional Firefighters/Paramedics of Palm Beach County, Local
2928, IAFF, Inc.
Page 19
3S-2 Agreement with Bar Education, Inc. for
paramedic/EMT clinical field experience
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES
Page 19
3U-1 Amendments to
contracts for digital ortho photography and planimetric mapping services
3U-2 Eleventh
Amendment with CGI-AMS for completion of deliverables
NOVEMBER 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 19
3X-1 Interlocal
Agreement with Town of Mangonia Park regarding Dialogic system
Page 20
3X-2 Contracts
with five (5) entities regarding drug treatment and testing services
Y.
PURCHASING - None
Z.
RISK MANAGEMENT - None
AA.
PALM TRAN
Page 20
3AA-1 Submission of Trademark/Service Mark
Application to State of Florida, Division of Corporations regarding Palm Tran
name, design and logo
BB.
SHERIFF
Page 21
3BB-1 National
Institute of Justice Forensic FY 2009 DNA Backlog Reduction Program grant
3BB-2 Victim of
Crime Act Agreement with Florida Office of Attorney General
3BB-3 Grant
Adjustment Notice for FDLE State Homeland Security grant
Page 22
3BB-4 Budget Transfer from Law Enforcement Trust Fund
to various organizations for drug treatment, drug abuse education, drug and
crime prevention, etc.
CC. SUPERVISOR OF ELECTIONS
Page 22
3CC-1 Precinct boundary changes
PUBLIC
HEARINGS - 9:30 A.M.
Page 23
4A Revised schedule of rates and Equivalent
Residential Irrigation Connection values for reclaimed water services Ordinance
4B Resolution
confirming special assessment process for Evergreen Drive Water Main Extension
Page 24
4C Five Year
Road Program Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 25
5A-1 Affordable
Housing Resolution – TIME CERTAIN 11:00
A.M.
COMMUNITY
SERVICES
Page 25
5B-1 American
Recovery and Reinvestment Act Head Start Expansion grant
COUNTY
ATTORNEY
Page 26
5C-1 Settlement in
eminent domain case PBC v. Michael Martin (Parcel 15)
5C-2 Settlement in
eminent domain case PBC v. Michael Martin (Parcel 18)
Page 27
5C-3 Stipulated
Settlement Agreement with DCA, City of West Palm Beach and Village of Royal
Palm Beach in case Village of Royal Palm Beach et.al. v. City of West Palm
Beach (Comprehensive Plan)
NOVEMBER 17, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ENGINEERING
& PUBLIC WORKS
Page 27
5D-1 License
Agreement on Dillman Road to allow a card reader with right-of-way
PARKS &
RECREATION
Page 28
5E-1 Reallocation
of bond funding for Okeeheelee South Park improvements
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 28
5F-1 Resolution
approving a revised Schedule of Fees for permit and approval applications
BOARD
APPOINTMENTS (Pages 29 - 30)
STAFF
COMMENTS (Page 31)
COMMISSIONER
COMMENTS (Page 32)
ADJOURNMENT (Page 32)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) Modification Number Two to a Federally
funded grant agreement (FEMA Project No. 1561-076-R) (R2007-0443) with the
Florida Division of Emergency Management (FEMA) to increase the amount of the
grant for the design of drainage improvements as part of the Hazard Mitigation
Grant Program; and
B) a Budget
Amendment of $35,208 in the Capital Outlay Fund to recognize the increase in
the grant from FEMA and allocate it to the Grove Street Outfall project.
SUMMARY: FEMA has
approved an increase to the Phase I grant resulting in an approved grant amount
of $111,944 for the design of a drainage system serving the Grove Street area
located along Military Trail between Southern Boulevard and Belvedere Road. The
grant requires a 25% cost share with the County, meaning the total amount
granted to the County for the design cost is $83,958. Additionally, a Phase II grant for construction
of the drainage facilities has tentatively been approved. The Phase II approval
will be brought back to the Commission at the conclusion of the Phase I
contract. As part of the approval for
modification of the Phase I project, the grant time frame has been extended to
January 31, 2010. District 6 (MJ)
2. Staff recommends
motion to approve: Neighborhood
Partnership Grant funding agreements for Fiscal Year 2009-2010:
A) an Agreement with
Paint Your Heart Out, Inc. in an amount not to exceed $10,000 to purchase
painting and home improvement supplies;
B) an Agreement with
Ilene Long in an amount not to exceed $400 to purchase folding tables for Old
Trail Community events;
C) an Agreement with
Claudia Williams in an amount not to exceed $4,400 to purchase supplies to
update the inside and outside of the Schall Landing community center for
community activities;
D) an Agreement with
Country Club Acres HOA, Inc. in an amount not to exceed $11,400 to install landscaping and an
irrigation system in the median;
E) an Agreement with
Kimberly Erickson in an amount not to exceed $13,000 to purchase electronics
and other media equipment and supplies for community activities in Canal Point;
F) an Agreement
with Sandcastle Community Leadership
Organization, Inc. in an amount not to exceed $13,300 to purchase and install
two (2) neighborhood identification signs;
G) an Agreement with
Youth Empowerment, Incorporation in an amount not to exceed $9,700 to purchase
computers and printers for the Westgate Community Center;
H) an Agreement with
Palm Beach County Housing Development Corporation, Inc. in an amount not to exceed
$20,000 to purchase and install playground equipment in Dyson Circle; and
I) an Agreement with
Habitat for Humanity, Inc. in an amount not to exceed $18,000 to install
perimeter fencing around Westgate Village.
SUMMARY: Projects
were reviewed by the Neighborhood Partnership Grant Program Review Committee on
September 30, 2009, and are now being recommended for funding. Funding was
established in FY 2008-2009 budget for the purpose of funding neighborhood
projects. Countywide (AH)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve: First Amendment to the Tri-Party Agreement with the
Supervisor of Elections (SOE) and Runbeck Elections Services, Inc. (Runbeck)
(R2008-0902) for Sentio ballot printing equipment. SUMMARY: As mandated by the Florida Legislature, the SOE converted
to optical scan voting equipment in 2008.
This conversion included printing ballots on demand for early and
absentee voting. The Board entered into
a four (4) year Agreement (through May 2012) with Runbeck, an Arizona company,
to lease ballot printing equipment and to purchase ballot forms and
supplies. The SOE has re-negotiated
certain terms in this Agreement to include a fifth year at no charge and to
decrease the “per ballot charge.” Additionally, Runbeck will provide a credit
of $78,176 to be applied against future payments under this Agreement. The SOE
anticipates the savings of this Amendment to be more than $470,000. Countywide
(LSJ)
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:
None
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 August 2009. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to receive and file: a report of plat recordations from July 1, through September 30, 2009. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by the 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)
2. Staff recommends motion to adopt: a Resolution to temporarily designate State Road 7 (SR 7) Extension, Orange Grove Boulevard, and Persimmon Boulevard as No Through Truck routes. SUMMARY: The first phase of the SR 7 Extension terminates at Persimmon Boulevard and connects to Orange Grove Boulevard. Orange Grove and Persimmon Boulevards both go through residential neighborhoods that are maintained by the Indian Trail Improvement District and were not built to thoroughfare standards. The restriction on SR 7 Extension will be lifted when SR 7 Extension is built from Persimmon Boulevard to 60th Street North. Districts 2 & 6 (MRE)
3. DELETED
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve:
A) an Agreement with Country Club Maintenance Association of Broken Sound in an amount not to exceed $6,000 for replacing an irrigation system; and
B) a Budget Transfer of $6,000 in the Transportation Improvement Fund from Reserve for District 4 to Broken Sound Irrigation System – District 4.
SUMMARY: Approval of the Agreement and Budget Transfer will provide funds to help pay for repairing and replacing the irrigation system due to construction on Jog Road from Yamato Road to Clint Moore Road. District 4 (MRE)
5. Staff recommends
motion to:
A) adopt a Resolution authorizing the Subordination of a County Drainage Easement to the Florida Department of Transportation (FDOT); and
B) approve an Agreement for Subordination of County Drainage Easement with FDOT.
SUMMARY: Approval of this item will allow FDOT to complete right-of-way acquisition along State Road 708 (Blue Heron Boulevard) at the Congress Avenue intersection. District 7 (PFK)
6. Staff recommends motion to adopt: a Resolution vacating a portion of a 15 foot wide private drainage easement within a portion of Parcel “A”, Oriole Jewish Center, as recorded in Plat Book 46, Page 73, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located on the north side of West Atlantic Avenue, east of Hagen Ranch Road, and west of Cumberland Drive. The petitioner is requesting the vacation because the proposed new building will encroach into this drainage easement. District 5 (PK)
E. COMMUNITY SERVICES
1. Staff
recommends motion to:
A) adopt a
Resolution repealing and replacing Resolution R2006-1878 regarding the Head
Start/Early Head Start (HS/EHS) Policy Council; and
B) approve Policy Council By-Laws.
Summary: A modified Resolution is necessary to accommodate changes in the Head
Start Act of December 2007. The Head Start Act of 2007 also requires that the
Policy Council By-Laws are approved by the Board of County Commissioners. Countywide
(TKF)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: the
following Delegate Agency Agreement Amendments to recognize American Recovery
and Reinvestment Act (ARRA), Cost of Living Adjustment (COLA), and Quality
Improvement (QI) funding for the period July 1, 2009, through September 30,
2010 totaling $124,277 ($84,277 COLA and $40,000 QI):
A) Amendment No. 1 to Florence Fuller Child
Development Centers, Inc. (R2009-1481) for $29,142 ($19,142 COLA; $10,000 QI)
and a new total not-to-exceed $1,010,933;
B) Amendment No. 1 to Hispanic Human Resources
Council, Inc. (R2009-1483) for $42,127 ($32,127 COLA; $10,000 QI) and a new
total not-to-exceed $1,684,738;
C) Amendment No. 1 to The School Board of Palm
Beach County (Delray Full Service Center) (R2009-1246) for $32,701 ($22,701
COLA; $10,000 QI) and a new total not-to-exceed $1,124,36; and
D) Amendment No. 1 to the YWCA of Palm Beach
County, Inc. (R2009-1482) for $20,307 ($10,307 COLA; $10,000 QI) and a new
total not-to-exceed $548,964.
Summary: The Delegates will utilize ARRA
COLA and QI awards to increase salary and fringe benefits and/or offset
increased operating expenses and quality improvement activities as submitted in
the funding application and approved by the Region IV Office of Head Start and
the grantee. No new County funding is required (Head Start) Countywide
(TKF)
3. Staff recommends
motion to:
A) approve
Application to the Early Learning Coalition of Palm Beach County requesting
funding for the period December 1, 2009, through July 30, 2010, in an
approximate amount of $1,434,030 to provide Voluntary Pre-Kindergarten (VPK)
services to 536 children for 540 hours per child/per year; and
B) authorize the County Administrator or his designee to
sign related documents regarding the VPK program.
Summary: The FY 2010 VPK Program will provide early childhood education
services to 536 – four (4) year olds currently enrolled in ten (10) of the
County’s Head Start centers: Jupiter, Riviera Beach, West Palm Beach, Westgate,
Boynton Beach, Delray Beach, Lake Worth, Pahokee, South Bay, and Belle Glade
(Palm Glades). Due to the many documents required by the Grantor, the
delegation of signing authority by the County Administrator or his designee is
being requested to expedite signed documents getting to the Grantor. The VPK
reimbursement rate is $2,675.43 for 540 hours per child/per year. No County
match is required. (Head Start) Countywide (TKF)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Head
Start Contracted Services Agreements, for the period of October 1, 2009,
through September 30, 2010, in an amount totaling $422,454, as indicated below:
A) The
King’s Kids Early Learning Center, Inc., for 18 children for 208 days at a rate
of $22.57 per child/per day equaling $84,502, with an additional $7,500 for start-up
expenses, for a total contract amount not-to-exceed $92,002;
B)
Tender Love and Care Child Development Center for 32 children for 208
days at a rate of $22.57 per child/per day equaling $150,226, with an
additional $15,000 for start-up expenses, for a total contract amount not to
exceed $165,226; and
C) Kid Kaleidoscope Center for Early Learning,
Inc. for 32 children for 208 days at a rate of $22.57 per child/per day
equaling $150,226, with an additional $15,000 for start-up expenses, for a
total contract amount not to exceed $165,226.
Summary: Head Start has
received monies through the American Recovery and Reinvestment Act Head Start
Expansion grant which is being used to provide Head Start services to 3 and 4
year old children. Since there are not sufficient County operated Head Start
facilities to accommodate all 154 authorized slots for the children, agreements
with the above listed child care providers are necessary to provide
comprehensive Head Start services. Funding consists of $337,963 in Federal
funds (80%), and $84,491 in County required match funds (20%). (Head Start) Countywide
(TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution
establishing a standard form Automobile Transport Operator Permit (Permit);
authorizing the County Administrator or his designee to execute the standard
form Permit; and becoming effective upon adoption. SUMMARY: The
Resolution establishes a new standard form Permit for use with automobile
transport operators at the Palm Beach International Airport (PBIA), and
authorizes the County Administrator or his designee to execute the standard
form Permit on behalf of the
Board.
Automobile transport operators engage in the business of transporting
privately-owned vehicles to and from out-of-state locations. Because
their customers often fly to and from out-of-state, it is convenient for
automobile transport operators’ customers to park at PBIA. Automobile
transport operators will park their transport vehicles in a designated location
on PBIA, pick up their customers’ vehicles from the Park & Ride Lot and
load the vehicles onto the transport vehicles at the designated
location. Countywide (AH)
2. Staff recommends
motion to adopt: a Resolution authorizing the County Administrator or his
designee to execute a standard form Airport Facilities Use Agreement and
becoming effective upon adoption. SUMMARY:
The Resolution authorizes the County Administrator or his designee to
execute a new standard form Airport Facilities Use Agreement (Agreement) for
use of airline ticket counter and gate locations at the Palm Beach
International Airport’s (PBIA) passenger terminal on a per use basis. PBIA has charter operators desiring to use
airport facilities at PBIA on a per use basis. Charter operators typically have flights at
PBIA a few times a month. Charter operators have historically contracted
with airlines that lease ticket counter space at PBIA to handle their charter
operations. The Agreement will allow the County to grant charter operators and
their service providers a license to use certain unoccupied airport facilities
on an as-needed basis for individual flights. Countywide (AH)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: seven (7) original
Agreements for the Department of Airports:
A)
Agreement to Terminate
Hangar Lease Agreement with Roger Breton, Unit 12, Building 11740 at North
County Airport, terminating R2005-1697 on November 1, 2009;
B)
Agreement to Terminate
Hangar Lease Agreement with Lighthouse Systems, Inc., Unit 9, Building 11300 at
North County Airport, terminating R2003-1637 on September 30, 2009;
C)
Hangar Lease Agreement with
Johanna Kyrklund, Unit 5, Building 11210, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on October 21, 2009; terminating Hangar Lease Agreement with Robert
C. Nevens, III, (R2003-2008) for Unit 14, Building 11220 at North County
General Aviation Airport, same date;
D) Hangar Lease Agreement with N919CS, LLC,
Unit 3, Building 11230, at North County General Aviation Airport for one (1)
year, automatically renewed at one (1) year intervals, commencing on November
1, 2009;
E)
Third Amendment to Airlines
Operating and Lease Agreement with Air Canada replacing Exhibit “B” showing
baggage makeup area, effective October 19, 2009;
F) General Aeronautical Services Agreement with G2 Secure
Staff, LLC, commencing October 1, 2009, terminating September 30, 2010,
automatically extended on a year-to-year basis (10/1 through 9/30); and
G) Agreement for Rental Car Lease and
Concession at Palm Beach International Airport with The Hertz Corporation 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 R93-801,
R2004-1367, R2007-1968, R2008-1845 and R2009-0974. Countywide (AH)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) a FY 2009 Budget Transfer of $1,339,770 within the General Fund to reallocate budget between departments;
B) a FY 2009 Budget Transfer of $1,400,060 from the Fire Rescue Impact Fees Fund to the Public Building Improvement Fund; and
C) a FY 2009 Budget Transfer of $698,104 from the Fire Rescue Improvement Fund to the Public Building Improvement Fund.
SUMMARY: A budget reallocation of $1,339,770 in the General Fund is necessary to increase budget for electric utility ($800,000), water utility ($200,000), and communication costs ($300,000). Year-end budget adjustments of $39,770 are being made in Commission District offices to cover employee leave payouts due to staff turnover and health insurance costs. Funds are available from the Parks and Recreation and Facilities department budgets in the General Fund to cover these adjustments. A reallocation of $2,098,164: $1,400,060 in the Fire Rescue Impact Fee Fund and $698,104 in the Fire Rescue Improvement Fund is necessary to cover the accounting entry required to account for the transfer of land from the Public Improvement Fund to Fire Rescue. Funds are available from the Fire Rescue Capital department. Countywide (PK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: an
Interlocal Agreement with the Village of North Palm Beach (Village) for the
provision of radio maintenance services.
SUMMARY: This Agreement
provides for the provision of radio equipment (subscriber units and consoles)
maintenance services to the Village by FDO/Electronic Services and Security.
The services are to be charged on an hourly basis at a cost of $65/hr/person
and $97.50/hr/person for overtime work.
In the event that the County must out-source the labor, a separate labor
rate is provided. The maintenance costs
for the radio consoles are provided on a lump sum basis pursuant to the
County’s agreement with Motorola. The rates may be adjusted annually with
notification by June 1st (effective that October 1st) at
the County’ sole discretion, but in no event shall the Village’s fee schedule
exceed the fee schedule applied to County departments. The term of the Agreement is for three (3)
years with one (1) – three (3) year renewal.
The Agreement may be terminated by either party, with or without cause
with a minimum of three (3) months notice. No additional personnel will be
required within FDO/ESS to perform these services. (ESS) District 1 (JM)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
a Second Amendment to the Agreement (R2003-1066) with Columbia JFK Medical
Center, L.P. (Hospital) allowing for interoperable communications through the
countywide and emergency medical services (EMS) common groups of the County’s
800MHz Radio System. SUMMARY: The Agreement which provides the terms and
conditions under which the Hospital can program into its radios and utilize the
countywide and EMS common talk groups for certain types of inter-agency
communications expired on July 15, 2009.
Due to administrative personnel changes, this Amendment was not
processed timely. The Hospital has
conducted its operation in accordance with the terms of the Agreement. As such,
staff is recommending that the Board proceed with the renewal retroactive to
July 15, 2009. The Agreement provided
for three (3) – three (3) year renewals but renewals require approval by both
parties. The Hospital has approved a
renewal to extend the term of the agreement until July 14, 2012. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to hospitals and other EMS providers. There are no charges
associated with this Agreement. The
Hospital 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)
3. Staff recommends
motion to approve: a Utility Easement Agreement in favor of Florida
Power & Light Company (FPL) for electrical service to power street lights
along the extension road within South County Regional Park-Parcel A.
SUMMARY: The County is
currently developing Parcel A of South County Regional Park in unincorporated
Boca Raton. FPL requires a utility
easement for the installation of underground power lines and a pad mounted
transformer near the amphitheater located along the Park extension road. The easement area is 10' wide and covers an
area of approximately 2,445 square feet.
This is a perpetual non-exclusive easement and is being granted to FPL
at no charge, as it will provide electrical services to power street lights
along the Park extension road. (PREM) District 5 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2008-1482) with the City of Delray Beach, to extend the expiration date from August 15, 2009, to February 15, 2010. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the implementation of a housing rehabilitation program as funded through the 2005 Disaster Recovery Initiative Program. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
2. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2008 -1483) with the City of West Palm Beach to extend the expiration date from August 15, 2009, to February 15, 2010. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the implementation of a housing rehabilitation program as funded through the 2005 Disaster Recovery Initiative Program. These are Federal Community Development Block Grant funds that require no local match. Districts 2 & 7 (TKF)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2009-0309) with We Help Community Development Corporation to extend the expiration date from August 15, 2009, to February 15, 2010. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the implementation of a housing rehabilitation program as funded through the 2005 Disaster Recovery Initiative Program. These are Federal Community Development Block Grant funds that require no local match. District 6 (TKF)
4. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2009-0998) with NOAH Development Corporation to extend the expiration date from August 15, 2009, to February 15, 2010. SUMMARY: This Agreement provides NOAH Development Corporation, $1,500,000 in 2005 Disaster Recovery Initiative Program funds for hurricane hardening improvements at their Covenant Villas and South Bay Villas properties. The Amendment provides an extension of six (6) months to the term of the existing Agreement due to delays caused by a change in the project location. These are Federal Community Development Block Grant funds that require no local match. District 6 (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: a unit price Contract with Rangeline Tapping Services, Inc. for 24 month
term with the option of three (3) - 12 month renewals in a cumulative amount
not to exceed $2,702,279. SUMMARY:
On September 17, 2009, three (3)
bids were received for the Water Utilities Department Pipe Wet Tapping &
Line Stopping Continuing Contract. Rangeline Tapping Services, Inc., a Palm
Beach County Company, is the lowest responsible and responsive bidder. This
Contract will be used to expedite the installation of pipe wet taps and line
stops for emergency pipe repairs, pipe and valve replacements and construction
projects throughout the County’s service area.
Contract award is for the base contract only, and the contract by itself
does not guarantee nor authorize Rangeline
Tapping Services, Inc. to perform any work. Work will be assigned during the 24 month contract period by formal work
authorizations drawn against this Contract, with approvals pursuant to Policy
& Procedure Manual (PPM) CW-F-050 and requirements for any federally funded
projects. The unit prices for labor and
materials 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 No. 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 Rangeline Tapping Services, Inc. provides for SBE participation of
100% overall. (WUD Project No. 08-019) Districts 1, 2, 3, 5 & 6
(JM)
2. Staff recommends
motion to approve: a Partial Release of Utility Easement
on land owned by New Country Motor Cars of Palm Beach, LLC. SUMMARY: This
document will release the County’s interest
in a portion of a utility easement recorded in the Official Records of Palm
Beach County in Book 22933, Page 0956 on land owned by New Country Motor Cars
of Palm Beach, LLC. During construction
of a new building an error occurred and a portion of the building was placed on
part of the existing easement. The Water Utilities Department has determined
that portion of this easement is no longer needed, and therefore recommends the
release. District 2 (MJ)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends motion to approve: Work Authorization No. 20 to the
Optimization and Improvements Design/Build
Services with Globaltech, Inc.
(R2008-2323) for the Water Treatment Plant No. 8 Ferric Chloride System in the
amount of $352,365. SUMMARY: On
December 16, 2008, the Board of County Commissioners approved the Water
Utilities Department Optimization and Improvements Design/Build Services Contract with Globaltech, Inc. for treatment
plant and regional pump station projects.
This Work Authorization is a
guaranteed maximum price for the construction of the Water Treatment
Plant No. 8 Ferric Chloride System Project.
Ferric chloride improves the lime softening process and was implemented
at Water Treatment Plant No. 8 using a temporary leased system. This Work Authorization is for construction
of a permanent ferric chloride system.
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15% overall. The contract with Globaltech, Inc. provides for SBE
participation of 75.00% overall. This authorization includes 79.48% overall
participation. The cumulative SBE
participation, including this work authorization, is 74.15% overall. (WUD
Project No. 07-114) District 2 (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. DELETED
2. Staff recommends motion to approve: Work Supplement No. 1666-03B to Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) with Eastman Aggregate Enterprises, LLC (Eastman), a Palm Beach County company, in the amount of $293,725.25 and 35 days to provide additional services and time for the completion of the Ibis Isle Restoration Project (R2009-1005). SUMMARY: Work Supplement No. 1666-03B will authorize Eastman to haul and place additional sand to cap muck sediments at the Ibis Isle Restoration Project (R2009-1005). The Work Supplement is funded by the South Florida Water Management District (R2007-1345) and Manatee Protection Program funds. Eastman’s Small Business Enterprise (SBE) participation on this Work Supplement is 3.05%. Their SBE contract goal is 16.14%. Eastman’s SBE participation to-date is 20.31%. District 7 (SF)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) authorize the Chairman of the Board of County Commissioners to execute a State of Florida Department of Transportation Local Agency Program Agreement (Agreement) in an amount not to exceed $750,000 for reimbursement of construction costs of Historic Jupiter-Indiantown Trail from Mack Dairy Road to Indiantown Road (FM No. 425259-1-58-01) under terms and conditions that do not substantially deviate from those of the draft document;
B) approve Budget Amendment of $750,000 in the Environmental Capital Projects Fund to recognize the Agreement funding; 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 to
reimburse the cost of constructing the bicycle/pedestrian portion of the
Northeast Everglades Natural Area Historic Jupiter-Indiantown Trail north of
Indiantown Road within the County’s Cypress Creek Natural Area. The project
includes an approximately 2.3 mile-long, ten-foot wide cemented Coquina path, a
chickee shade shelter, wetland overlook, bicycle racks and informational signs.
No County match is required. The path provides access to hiking trails within
the natural area. The Agreement will expire December 31, 2010. Specific federal
requirements for contract bidding and job reporting apply. Authorization for
the Chairman to execute the document is being sought due to the time
constraints on receipt of the final document and when it must be returned for
execution by the State. District 1
(SF)
4. Staff recommends
motion to approve:
A) Change Order No. 2 to Winding Waters Natural Area Wetland Creation Contract (R2009-0320) with J.W. Cheatham, LLC (Cheatham), to increase the Contract Amount by $1,041,338.50;
B) Budget Transfer of $700,000 from the Natural Areas Fund Reserves to the Capital Outlay Fund; and
C) Budget Amendment of $700,000 in the Capital Outlay Fund to recognize
the transfer from the Natural Areas Fund to provide additional funding for the
Contract.
SUMMARY: As a result of recent permit authorization, realignment of
local agency canals and construction of water management structures to serve
the Winding Waters Natural Area may now commence. Cheatham, a Palm Beach County
company, will incorporate the additional work on the site into the existing
work schedule. This work is being assigned to Cheatham in order to meet
restrictive USDA/Natural Resources Conservation Service (NRCS) grant
deadlines. The additional work includes
items that were competitively bid in the Contract as alternate bid items and
unit prices. Additional Small Business Enterprise participation is anticipated
and will remain above 16%. This Change Order will increase the Contract amount
to $6,533,262.10. The work is funded by the Natural Areas Fund and the NRCS
Grant (R2007-1221) (Non-Ad Valorem sources). District 7 (JM)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Second Amendment to Agreement (R2007-1152),
as amended, with the City of Belle Glade for Airport Park improvements to
extend the project completion date from March 30, 2009, to June 30, 2009, and
the reimbursement submission date from June 30, 2009, to October 31, 2009. Summary: This Amendment extends the
project completion and reimbursement submission dates for the Airport Park improvements
project in order to accommodate completion of reimbursement paperwork for this
completed project. Project funding in an
amount not-to-exceed $200,000 was previously approved for this project from the
Recreation Assistance Program - District 6 and the Office of Community
Revitalization (OCR) Department’s Capital Outlay Fund. District 6 (AH)
2. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received during the months of
September and October:
A) Michelle Kirkon, Read a Recipe
Instructor, Westgate Recreation Center;
B) Michelle Kirkon, Read a Recipe
Instructor, West Jupiter Recreation Center; and
C) Oswaldo Quevedo, Competitive
Head Swim Coach, 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 (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 94-422,
amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the
Board to receive and file. Districts
1, 2 & 7 (AH)
3. Staff recommends
motion to approve: Use Agreement with South Florida Water Management
District for temporary parking at Lake Lytal Park from November 17, 2009,
through November 16, 2010. Summary: This Agreement will allow South Florida
Water Management District (SFWMD) to temporarily utilize up to 75 parking
spaces at Lake Lytal Park while construction of a new generator building is
taking place at its nearby administrative headquarters complex. Use will be
limited to employees and visitors for the parking of personal automobiles
between the hours of 7:00 a.m. and 5:00 p.m. excluding weekends and County
holidays. It is anticipated that the temporary parking will only be needed by
SFWMD for six (6) months or less, however, the Agreement is written for one (1)
year in case of construction delays.
When construction of the generator building is complete, the Agreement
allows for the termination of use. District 2 (AH)
4. Staff recommends
motion to approve: Budget
Transfer of $200,000 within the $25M General Obligation Parks and Cultural
Improvements Bond Fund - 2005 from John Prince Park Tennis Court Lighting to
Recreational Sport Lighting. Summary: On October 20, 2009, the Board approved the
United States Department of Energy’s Energy Efficiency and Conservation Block
Grant (EECBG) Program Assistance Agreement totaling $6,587,600 for nine (9) project
activities. One of the project activities includes recreational sports
lighting. This specific project activity consists of the installation of green
generation lighting systems at John Prince, Okeeheelee and Lake Lytal
Parks. The estimated cost of the
recreational sports lighting project activity is $1,325,000. The EECBG grant will provide $1,125,000 of
the project cost. This Budget Transfer
is necessary to fund the $200,000 match proposed in the grant application. The period of performance for the project
activities is August 31, 2009, through August 30, 2012. Districts 2, 3 &
6 (AH)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: the Second Amendment to the Agreement for
services with the Office of the Public
Defender extending the agreement through September 30, 2010 for the
Ex-Offender Re-entry Program not to exceed $7,000. SUMMARY:
The funds will be used to extend the agreement (R2008-0444; dated March 11,
2008) for the Ex-Offender Re-entry Program administered by the Public
Defender’s Office to purchase Florida identification cards and necessary
support documentation required by the Department of Highway Safety and Motor
Vehicles for inmates about to be released from the county and state
correctional facilities. The lack of
identification creates a barrier to accessing other services upon release and
increases the chances of an individual re-offending and returning to the
criminal justice system. Countywide
(DW)
2. Staff recommends motion to approve:
A) an Interlocal
Agreement for $164,000 with the Palm Beach County Sheriff’s Office to implement the Strategically Targeting
Online Predators Initiative for the period of October 1, 2009, to September 30,
2010;
B) a Budget Transfer of $164,000 in the Local Law
Enforcement Block Grant – American Recovery and Reinvestment Act Fund from
operating reserves to the Sheriff’s Grant Fund; and
C) a Budget Amendment of $164,000 in the Sheriff’s
Grant Fund to establish budget for the project.
SUMMARY:
Palm Beach County has
received a direct award of $1,246,822 as part of the FY 2009 Recovery Act
Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local
Solicitation application. This award was
received and filed by the Board of County Commissioners on October 6, 2009 as
R2009-1700. The Palm Beach County
Sheriff’s Office Strategically Targeting Online Predators Initiative will
receive $164,000. There is no
requirement for match with the JAG funds.
Countywide (DW)
S. FIRE
RESCUE
1. Staff recommends
motion to approve and ratify: a Side Agreement amending Article
21-Overtime, to the Collective Bargaining Agreement with the Professional
Firefighters/Paramedics of Palm Beach County, Local No. 2928, IAFF, Inc. SUMMARY:
Both parties are requesting a Side Agreement
to the current Collective Bargaining Agreement, October 1, 2008, through September
30, 2011 (R2008-2254). This Side Agreement addresses changes to Article 21
regarding special event compensation, developed jointly by Fire Rescue staff
and Union leadership. The County will
pay the Union two dollars ($2) for each employee hour billed to the Requesting
Agency for permitted special events to compensate them for administrative
functions relating to the scheduling and coordination of special event coverage
by off-duty Fire Rescue personnel. The additional fee will be added to the
hourly rate charged to the agency requesting special fire rescue services. Countywide
(SB)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE (Cont’d)
2. Staff recommends motion to approve: an Agreement with Bar Education, Inc., d/b/a Keiser Career College, for clinical field experience for the period November 21, 2009, through September 30, 2012. SUMMARY: This Agreement allows Palm Beach County Fire Rescue to provide clinical field experience to Paramedic and EMT students of the Keiser Career College. Paramedic and EMT students will respond with County paramedics to observe and assist in delivering emergency medical care under actual emergency conditions. This clinical field experience is a component of the Paramedic and EMT training required for State certification, and will enhance the available job pool of qualified personnel. Countywide (SB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to:
A) approve Amendment No. 2 to Contract with Surdex Corporation (R2006-2516) to extend the term of the contract to November 21, 2010;
B) approve Amendment No. 2 to Contract with BAE Systems NSS Inc., (R2006-2517) to extend the term of the contract to November 21, 2010;
C) approve Amendment No. 2 to Contract with Woolpert, Inc. (R2006-2518) to extend the term of the contract to November 21, 2010; and
D) receive and file BAE Systems Task Order No. 3.
SUMMARY: Three (3) firms were selected using the Consultant Competitive Negotiations Act process, contracted on November 21, 2006 to perform digital ortho photography and planimetric mapping for the County (R2006-2516, R2006-2517, and R2006-2518). These Amendments exercise the second of three (3) – one (1) year renewal options set forth in the original contracts. No additional costs are associated with these amendments. BAE Systems Task Order No. 3, which was under $100,000 and previously executed is submitted for receive and file purposes. Countywide (PK)
2. Staff recommends motion to approve: Eleventh Amendment to Contract with CGI-AMS (formerly named American Management Systems, Inc.) (R2002-1782), to extend the ending date from December 31, 2009, to December 30, 2010, at no additional cost to the County. SUMMARY: The Eleventh Amendment is an extension to allow additional time for completion of the deliverables specified in the original contract, including Vendor Self Service and Modification No. 11. GCI-AMS is not a Palm Beach County, nor a Florida-based business. Countywide (PK)
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: an Interlocal Agreement with the Town of Mangonia Park pertaining to the
use of the Geographic-based Alert and Notification System (“Dialogic”). SUMMARY: On August 16, 2005, the Board of
County Commissioners approved Agenda Item 3.X.1. (R2006-0799) which authorizes
the County Administrator, or his designee, to sign Dialogic agreements with
municipalities on behalf of the Board of County Commissioners utilizing a
standard agreement format authorizing municipal access to the County’s
Geographic-based Alert and Notification System. Countywide (GB)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY (Cont’d)
2. Staff recommends
motion to:
A) approve the following contracts with agencies to provide
drug treatment and testing services to individuals referred by the Drug Court,
in a cumulative amount not to exceed $556,916 for the period October 1, 2009,
to September 30, 2010:
1) Drug Abuse Foundation of Palm Beach County,
in the amount of $66,140;
2) Comprehensive Alcoholism Rehabilitation
Programs, Inc. in the amount of $127,280;
3) Counseling Services of Lake Worth, Inc. in
the amount of $106,143.50;
4) Drug Testing and Counseling Services in the
amount of $229,102.50;
5) South County Mental Health Center in the
amount of $28,250; and
B) authorize the County Administrator or his designee to execute
amendments to these contracts on behalf of the Board of County Commissioners to
adjust the not to exceed amounts as long as the cumulative total does not
exceed $556,916.
SUMMARY: These contracts with Palm Beach
County companies provide continuation of the drug treatment and testing
services provided to individuals referred by the Drug Court. Funding for these
contracts will be provided by the American Recovery & Reinvestment Act
Byrne Grant ($163,000), Office Justice Programs Grant ($106,515), Crime
Prevention Fund ($137,401), and user fees collected from the participants
($150,000). Countywide (GB)
AA. PALM
TRAN
1. Staff recommends
motion to authorize:
A) the submission of the Trademark/Service Mark
Application by the Executive Director of Palm Tran to the State of Florida,
Division of Corporations to register the name “Palm Tran”, the Palm Tree
design, and the Palm Tran Logo with the State; and
B) the Executive Director or his designee to
provide such further information, forms, and revisions thereto as may be needed
to perfect and maintain the Palm Tran name, Palm Tree design, and Logo as
Trade/Service marks.
Summary: The name Palm Tran, the associated Palm Tree
design, and combined logo, has been used to identify the County Surface
Transportation Division’s activities since 1993. This action will re-register the name, palm
tree design and logo with the State of Florida, in order to prevent its use by
others in the transportation industry. Countywide (DR)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office a National Institute of
Justice Forensic FY 2009 DNA Backlog Reduction Program grant in the amount of
$427,775 for the period October 1, 2009, through March 31, 2011; and
B) approve a Budget Amendment of $427,775 in the
Sheriff’s Grants Fund.
SUMMARY: On September 23,
2009, the Palm Beach County Sheriff’s Office (PBSO) received an award for the
Forensic DNA Backlog Reduction Program.
The Forensic Biology Unit (FBU) of PBSO accepts casework evidence from
over 29 law enforcement agencies including the Medical Examiner’s Office. These funds will
be used to continue to pay the salary and benefits of two (2) 2008 backlog
reduction full-time entry level Forensic Scientists and for equipment,
supplies, and consulting fees. There is no match requirement associated with
this award. No
additional positions are needed and no additional County funds are required.
Countywide (DW)
2. Staff recommends
motion to:
A) accept on behalf
of the Palm Beach County Sheriff’s Office a Victim of Crime Act (VOCA) Agreement
with the State of Florida, Office of the Attorney General in the amount of
$48,939 for the period October 1, 2009, through September 30, 2010; and
B) approve a Budget Amendment
of $48,939 in the Sheriff’s Grants Fund.
SUMMARY: On September 11, 2009, the Palm Beach County
Sheriff’s Office (PBSO) received a VOCA grant. These funds will be used to
continue to allow for a victim advocate allocation to concentrate on the victim
population in Palm Beach County. This position will continue to coordinate
services with PBSO officers and other municipal agencies to offer crisis
intervention, lethality assessments and safety plans. The PBSO will be
reimbursed for personnel expenses totaling $48,939. The required match is 20%; the PBSO will
provide a match in the amount of $12,235, through its approved operating
budget, in order to cover the remaining entire salary and benefits package of
the Domestic Violence Advocate. No additional positions
are needed and no additional County funds are required. Countywide (DW)
3. Staff recommends
motion to receive and file: Grant Adjustment Notice extending the Florida Department of Law
Enforcement’s State Homeland Security grant period from November 30, 2009, to December
31, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $42,455 on May 6, 2008; the original period for this
grant was January 1, 2008, through September 30, 2008 (R2008-0812). On October
21, 2008, the BCC received and filed an agenda item extending the grant period
from September 30, 2008, through March 31, 2009 (R2008-1955). On April 7, 2009, the BCC received and filed an
agenda item extending the grant period from March 31, 2009, through November
30, 2009 (R2009-0596). This agenda
item will extend the grant period from November 30, 2009, to December 31, 2009. The Palm Beach County Sheriff’s Office (PBSO) received this award from
the Florida Department of Law Enforcement (FDLE) to purchase equipment and supplies to implement Florida’s Domestic
Security Strategic Plan. These funds and
related equipment, which have been approved by FDLE for purchase, will be used
to enhance the region’s and the State of Florida’s SWAT and EOD capability and
capacity to prevent and respond to Weapons of Mass Destruction Chemical,
Biological, Radiological/Nuclear, and Explosive threats and attacks through updated technologies and equipment. The PBSO has been given an extension to allow the
grant funds to be fully expended. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
NOVEMBER 17, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
4. Staff recommends
motion to approve: a Budget Transfer of $201,257 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2010 estimated donation requirement will not be
finalized until year-end close-out. The funds are requested to aid qualified
organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The
current State LETF balance is $1,773,661.
Approval of this request will reduce the State Law Enforcement Trust
Fund balance to $1,572,404. The year-to-date transfer for all donations
after approval of this item is $201,257.
The PBSO certifies that the use of these funds is in accordance
with F.S. 932.7055. Below is a table
indicating the organizations the PBSO seeks to fund and the corresponding
amount of funding proposed per respective agency. No new positions are needed and no additional
County funds are required. Countywide
(DW)
Organization Amount
Boys
& Girls Club of Palm Beach County, Inc. $ 25,412
Crime
Stoppers of Palm Beach County, Inc. $ 35,000
Girl
Scouts of Southeast Florida, Inc. $ 10,000
Gratitude
House, Inc. $ 25,000
Humane
Society of Greater Jupiter Tequesta, Inc. $ 25,000
Lake
Worth High School Criminal Justice Academy $ 5,000
Palms
West Community Foundation, Inc. $ 7,500
Project
Lifesaver of Palm Beach County, Inc. $ 18,345
Take
Stock in Children, Inc. $ 50,000
Total
Amount of Donations $201,257
CC. SUPERVISOR
OF ELECTIONS
1. Staff recommends
motion to approve:
Precinct boundary changes submitted by Susan Bucher, Supervisor of Elections,
as required by Section 101.001 (1), Florida Statutes. Summary: Precinct
boundary changes as indicated. Countywide (LSJ)
* * * * * * * * * * * *
NOVEMBER 17, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Ordinance No. 07-003, as
amended by Ordinance 09-004, providing a revised schedule of rates and
Equivalent Residential Irrigation Connection (ERIC) values for reclaimed water
services; providing for repeal of laws in conflict; providing for severability;
providing for captions, and providing for an effective date. SUMMARY: On
March 17, 2009, the Board of County Commissioners approved an ordinance
(Ordinance No. 2009-004) which revised potable water, wastewater, and reclaimed
water rates and charges effective May 1, 2009, including a new rate structure
for reclaimed water service. Previously,
reclaimed water customers paid no connection fees. Under the revised rates, new reclaimed water
customers are required to pay connection fees, but pay lower monthly base
facility fees than the existing customer who has not paid connection fees. Base
facility fees are established by meter size and have historically been based on
750 gallons of usage per day for each ERIC. The increased emphasis on monthly
base facility charges and water restrictions imposed by the South Florida Water
Management District have caused significant changes in reclaimed water usage
patterns. It has also resulted in much
larger than expected increases in reclaimed water charges to large reclaimed
water users. The Water Utilities Department (Department) has asked its rate
consultants to review the rates and usage patterns, and the consultants’
recommendation is to reduce the non-residential monthly base facility fees for
reclaimed water by approximately 29% due to a revision in the ERIC value from
750 gallons per day to 1,050 gallons per day.
The Department is recommending that the rates be revised and that the
revised ERIC values and associated rates be retroactive to May 1, 2009, based
on the updated information. The
commodity rate will remain the same at $0.21 per 1,000 gallons. Countywide (MJ)
B. Staff recommends
motion to:
A) adopt a Resolution confirming the special assessment process for the Evergreen Drive Water Main Extension; and
B) approve a Work
Authorization No. 1 to Sheltra & Son Construction Co., Inc., under the
Water Utilities Department (WUD) Continuing Construction Contract (R2009-0944)
in the amount of $32,698.25
SUMMARY: Petitions in favor
of the installation of a potable water main have been provided by 100% of the
westerly three (3) affected property owners on Evergreen Drive located in The
Town of Lake Clarke Shores. The project will serve three (3) residential
properties currently on private wells.
Individual assessments of $90.35 per front foot are based on 100% of the
assessable cost and may be paid over 20 years with equal annual payments of
principal and 6½% interest. The total
project cost is $35,372.03 and includes the costs of surveying, design,
drafting, permitting, construction, inspection, administration and construction
contingency. The project will be constructed utilizing a Work Authorization
under the WUD Continuing Construction Contract with Sheltra & Son
Construction Co., Inc. (R2009-0944). The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15.00%
overall. The contract with Sheltra & Son Construction Co., Inc. provides for
SBE participation of 15.62%. This Authorization includes 15.96% overall
participation. The cumulative SBE participation is 15.96% overall. (WUD Project
No. 06-011) District 3 (MJ)
NOVEMBER 17, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
C. Staff recommends
motion to:
A) determine that Palm Beach County (County) has adhered to and implemented its Five Year Road Program based on substantial evidence that the funding for the current fiscal year and the addition of the new fifth year are as contemplated in the Comprehensive Plan and that fewer than 20% of the FY 2008 construction projects are more than 12 months behind schedule as defined in Attachment “1” of the Agenda Item;
B) approve delaying construction of Jog Road (Roebuck Road to south of 45th Street); Okeechobee Boulevard (Australian Avenue to Tamarind Avenue/Parker Avenue); Roebuck Road (State Road 7 to Jog Road); and Silver Beach Road (east of Congress Avenue to Old Dixie Highway) based on the Findings of Fact presented by staff, as defined in Attachment “2” of the Agenda Item; and
C) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Plan and revised list of projects contained in Exhibit “A”; implementation of the plan; modification of plan; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date.
SUMMARY: In accordance with Traffic Performance Standards, Article 12, Chapter N, Section 5 of the present Unified Land Development Code requires that concurrent with the adoption of the annual Five Year Road Program, the Board of County Commissioners (Board) must determine that the Findings of Fact have been made. The Findings of Fact have been made and are defined in Attachment “1” of the Agenda Item.
In accordance with Article 12.N.4.B of the Unified Land Development Code, and prior to the deletion/delay of any construction project from the County’s Five Year Road Program, the Board must determine that the Findings of Fact have been made. The Findings of Fact have been made and are defined in Attachment “2” of the Agenda Item.
This is the annual update of the County’s Five Year Road Plan which is required to be considered each year by the Five Year Road Program Ordinance. On November 3, 2009, the Board approved this Ordinance on preliminary reading. Exhibit “A” to the Ordinance contains the road projects to be undertaken by the County in the next five (5) years. Countywide (MRE)
* * * * * * * * * * * *
NOVEMBER 17, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
TIME CERTAIN 11:00 A.M.
1. Staff recommends
motion to adopt: a Resolution of
the Board of County Commissioners of Palm Beach County recognizing the need for
Affordable Housing and the importance of financially supporting the
preservation, redevelopment and creation of affordable housing. SUMMARY: On August 18, 2009, the
Board of County Commissioners (BCC) directed staff to bring back a resolution
to support the preservation, redevelopment and creation of affordable housing.
The Board discussed allocating road impact fee interest of $1,037,000 in Zone 1
to support road impact fee assistance for eligible affordable housing
development within that zone. This interest will be accumulated through FY 2010
and available for allocation in FY 2011.
During the FY 2011 budget process, the BCC will provide direction
regarding the percentage of interest earned on the various impact fee accounts
that may be allocated for impact fee assistance within the appropriate zones for
eligible affordable housing development. Upon approval of this resolution and
direction regarding percentage of interest to be allocated for affordable
housing, staff will develop the appropriate policies and procedures to govern
this new program. Countywide (LB)
B. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) receive and file American Recovery and Reinvestment Act
(ARRA) Head Start Expansion grant for the period of September 30, 2009, through
September 29, 2010, in the amount of $924,226;
B) approve Budget Amendment of $924,226 in the Head
Start Fund to establish grant budget; and
C) approve eight (8) new grant-funded positions.
Summary: The ARRA Head
Start Expansion grant application approved by the Board of County Commissioners
on September 15, 2009 (R2009-1494) was submitted to the Department of Health
and Human Services. The grant has been awarded to serve 154 additional 3 and 4
year old children and their families for the project period of September 30, 2009,
through September 29, 2011. The eight (8) additional positions consisting of
four (4) Family Services Specialist I positions Pay Grade 18 (4 FTE), one (1)
Curriculum Specialist Pay Grade 24 (1 FTE), one (1) Fiscal Specialist I
position Pay Grade 15 (.5 FTE), one (1) Clerical Specialist position Pay Grade
12 (.5 FTE) and one (1) Head Start Training Specialist position Pay Grade 26 (.5
FTE) will ensure Head Start’s capability to carry out the additional
responsibilities associated with the program goals. Contracts and services to the 154 children to
be served under this grant will be discontinued and grant funded positions will
be eliminated September 29, 2011, unless other sources of funding are received.
A Budget Amendment is needed to establish the ARRA Head Start Expansion budget.
Non- federal match of $231,057 will be provided as follows: $28,610 in in-kind
by the Children’s Services Council and the Cooperative Extension Service, and
$202,447 in County cash match from present overmatch; thus requiring no new
County dollars. Services will be provided through child care provider
agreements with community child care agencies. (Head Start) Countywide
(TKF)
NOVEMBER 17, 2009
5. REGULAR
AGENDA
C. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement in the amount of $339,365, including
attorney’s fees and all reasonable expert fees and costs for Parcel 15 in the
eminent domain action styled Palm Beach County v. Michael Martin, et al.,
Case No. 502005CA006339XXXXMB, for the fee simple taking of five (5) acres of
vacant land in Indian Lake Estates. SUMMARY: The County has negotiated a settlement in
the amount of $339,365, including attorney’s fees and reasonable expert fees
and costs, subject to the approval of the Board of County Commissioners, for Parcel
15, which is five (5) acres of vacant land in the Indian Lake Estates
subdivision. The experts for the County
and property owner agree that the land is buildable and suitable for
residential use subject to permitting. The experts for both parties agree that
the required permits can be obtained upon payment of the necessary and related
expenses. The County previously
deposited $225,000 as its initial good faith deposit and estimate of
value. The property owner’s appraiser
opined that the value of the subject property was $400,000. The settlement in
this case, if approved, would compensate the property owners in the total
amount of $290,000, plus $33,000 in attorney’s fees and $16,365 for all
reasonable expert fees and costs. Therefore, payment of an additional $114,365
would constitute full and final settlement of this case in its entirety,
including all fees and costs. District 1 (PM)
2. Staff recommends motion to approve: a Settlement in the amount of $338,800, including attorney’s fees and all reasonable expert fees and costs for Parcel 18 in the eminent domain action styled Palm Beach County v. Michael Martin, et al., Case No. 502005CA006339XXXXMB, for the fee simple taking of five (5) acres of vacant land in Indian Lake Estates. SUMMARY: The County has negotiated a settlement in the amount of $338,800, including attorney’s fees and reasonable expert fees and costs, subject to the approval of the Board of County Commissioners, for Parcel 18, which is five (5) acres of vacant land in the Indian Lake Estates subdivision. The expert engineers and appraisers for the County and property owner agreed that the land is buildable and suitable for residential use subject to permitting. The experts for both parties agree that the required permits can be obtained upon payment of the necessary and related expenses. The County previously deposited $190,000 as its initial good faith deposit and estimate of value. In preparation for trial the County’s appraisal was updated and the updated value of the subject parcel through the date of deposit was $225,000. The property owner’s appraiser opined that the value of the subject property was $430,000. The settlement in this case, if approved, would compensate the property owners in the total amount of $290,000, plus $33,000 in attorney’s fees and $15,800 for all reasonable expert fees and costs. Therefore, payment of an additional $148,800 would constitute full and final settlement of this case in its entirety, including all fees and costs. District 1 (PM)
NOVEMBER 17, 2009
5. REGULAR
AGENDA
C. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends motion to approve: Stipulated Settlement Agreement with the Department of Community Affairs (DCA), the City of West Palm Beach, and the Village of Royal Palm Beach in the case of Village of Royal Palm Beach et. al. v. City of West Palm Beach, Case Nos.: 09-1605 GM and 09-1606 GM (Roebuck Road Amendment). SUMMARY: The City of West Palm Beach adopted Ordinance 4179-08, as part of its 08-2.01 Round of Comprehensive Plan Amendments on December 15, 2008, which provided for a notation to the City’s Appendix A “List of Required Thoroughfare Right-of-Way Setbacks and Required Street Widths (number of lanes)” to its Transportation Element. The notation stated that the City included the Roebuck Road extension, the S.R. 7 extension, and the Jog Road extension in the Appendix solely for the purpose of consistency with Palm Beach County’s Comprehensive Plan, and stated that the City intends to challenge the roads on environmental grounds. The DCA filed a Notice of Intent to find the Comprehensive Plan Amendment “in compliance” on March 5, 2008. The Village of Royal Palm Beach and the County initiated the above-styled formal administrative proceeding challenging the Amendment as unsupported by data and analysis and contrary to development already approved by the City. Staff engaged in tentative settlement negotiations with the DCA and the parties have drafted a Stipulated Settlement Agreement, which provides for amendment to the notation acknowledging that the identified roads cannot be removed from the City’s Plan without a comprehensive plan amendment and committing to the removal of the notation once environmental challenges over the roads are resolved. District 2 (ATP)
D. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to approve and authorize: a License Agreement on with Whippoorwill Homeowners Association on Dillman Road to allow a card reader to remain within the public right-of-way, until such time as that portion of Dillman Road is abandoned. SUMMARY: The card reader for the gate that was constructed on Dillman Road was incorrectly placed on that portion of Dillman Road maintained by Palm Beach County. Until such time as that portion of Dillman Road is made private, staff is recommending that a License Agreement be executed so the homeowners can utilize the gate. District 6 (PK)
NOVEMBER 17, 2009
5. REGULAR
AGENDA
E. PARKS
AND RECREATION
1. Staff recommends
motion to:
A) reallocate
$250,000
in project funding within the 2002 $50 Million Recreational and Cultural
Facilities Bond referendum from South Florida Science Museum, Inc. for the Dekelboum
Science Center project to Palm Beach County for Okeeheelee South Park
improvements; and
B) approve Budget Transfer of $250,000 within the $25M
General Obligation Parks and Cultural Improvements Bond Fund - 2005 from
Reserves for South Florida Science Museum to Okeeheelee South Park Development
Phase III.
Summary: The County has not entered into a Bond
funding Agreement with South Florida Science Museum, Inc. for the proposed
Dekelboum Science Center due to the lack of a viable project to date. Out of
the original $4,000,000 from the Bond originally allocated to this project, $1,000,000
was previously reallocated by the Board to a future County park project at
Gramercy Park. The District 2 Commissioner has now requested that $250,000 of
the remaining $3,000,000 be redirected to the County for Okeeheelee South Park
improvements. District 2 (PK)
F. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: Resolution approving a revised Schedule of Fees for the Department of
Environmental Resources Management (ERM), modifying and eliminating fees to be
charged for permit and approval applications and related services provided for
by the Unified Land Development Code and the Palm Beach County Code, modifying
the environmental plan review fee established by R1994-1052 and incorporating
the fee into the Resolution. SUMMARY: The
Resolution is a five (5) year update of the existing Schedule of Fees (last
adopted on November 16, 2004) to more closely reflect the costs of services
provided by ERM. The fees are modified
to partially offset administrative costs, to reflect code changes to the
Unified Land Development Code, Article 14.C.: Vegetation Protection and
Preservation, and to incorporate and increase ERM’s fee for building permit
plan review. The
Resolution does not create any new fees and eliminates seven (7) fees. The fees provided for in the Resolution are
expected to generate an additional $23,441 in revenue annually to offset the
cost of services. Countywide (SF)
* * * * * * * * * * * *
NOVEMBER 17, 2009
6. BOARD
APPOINTMENTS
A. PLANNING, ZONING AND BUILDING
(Construction Industry Licensing Board)
1. Staff recommends
motion to approve:
A) appointment of three (3)
new members to the Construction Industry Licensing Board:
Appoint Seat
No. Requirement Term Nominated
by
Stanley Goodman 14 Consumer
Member 11/17/09-9/30/12 Comm. Abrams
Christine Hoke 15 Consumer Member 11/17/09-9/30/11 Comm. Marcus
Comm.
Koons
B) reappointment of two (2) members to the
Construction Industry Licensing Board:
Reappoint Seat No. Requirement Term Nominated by
Bruce
Malasky 6 Residential
Contractor 11/17/09-9/30/12 Comm.
Marcus
Comm.
Koons
Alvin
Cohen 13 Consumer
Member 11/17/09-9/30/12 Comm. Marcus
Comm.
Koons
SUMMARY: The Construction Industry Licensing Board
was established by Special Act, Chapter 67‑1876, Laws of Florida as
amended. The Special Act sets forth the membership of the Board, which consists of two (2) general contractors, one
(1) member of the following categories; building; residential; electrical;
plumbing; HARV, roofing; swimming pool; architect; engineer; and a building
official. In addition, F.S. § 489.131
requires that we have three (3) consumer representatives. The above named
construction members have been recommended by the Construction Industry
Management Council as the HARV and Residential contractor. Ms. Susan Stokes has been recommended by her
respective organization and is replacing Mr. Steven Smyth whose term has since
expired. Mr. Stanley Goodman has been nominated to replace Mr. Lee Feely who is
no longer eligible for another term. Ms. Christine Hoke has been recommended to
complete the term for Ms. Mary Hinton who has resigned. The Gold Coast Builders
Association recommends Mr. Bruce Malasky for a second term; Mr. Alvin Cohen is
also eligible for a second term, both members have indicated a willingness to
continue. The nominations represent seats for a HARV, Residential, and three
Consumer Members as cited in the Special Act and F.S. § 489.131 establishing
the Construction Industry Licensing Board. Memorandums were sent to the Board
of County Commissioners on October 2, 2009 advising of the vacant positions; no
other nominations were received. Countywide (GB)
NOVEMBER 17, 2009
6. BOARD
APPOINTMENTS
B. ADMINISTRATION
(Overall Economic Development Program Committee)
1. Staff recommends
motion to approve: the
appointment of the following representative to the Overall Economic Development
Program (OEDP) Committee for a term of four (4) years beginning on December 3,
2009, through December 2, 2013:
Nominee Seat Seat Requirement
Roger Amidon 29 A Cluster Industry
Representative
SUMMARY: On March 11, 2008, the Board of County Commissioners approved the Resolution No. R2008-0280 providing for the creation of the OEDP Committee. The OEDP Committee consists of 31 members made up of local government officials, together with representatives of business, industry, finance, agriculture, the professions, organized labor, education, public health agencies, racial/ethnic minorities, and the unemployed and underemployed. The new appointment, Roger Amidon, Executive Director, Tourist Development Council, was recommended by the OEDP Committee on October 1, 2009. Countywide (DW)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
NOVEMBER 17, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
NOVEMBER 17, 2009
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
November 17, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
NOVEMBER 17, 2009
PAGE ITEM
7 3A-3 DELETED:
Staff recommends motion to approve:
First Amendment to the Tri-Party Agreement with the Supervisor of Elections
(SOE) and Runbeck Elections Services, Inc. (Runbeck) (R2008-0902) for Sentio
ballot printing equipment. (Admin) (Moved to December 1, 2009)
8 3E-1 DELETED: Staff recommends motion to: A) adopt a Resolution repealing
and replacing Resolution R2006-1878 regarding the Head Start/Early Head Start
(HS/EHS) Policy Council; and…(Community Services) (Further staff review)
24 4C REVISED TITLE: Staff
recommends motion to: A)…B) approve delaying construction of Jog Rd., (Roebuck
Rd. to S. of 45th St).; Okeechobee Blvd., (Australian Ave. to
Tamarind Ave./Parker Ave); Roebuck Rd., (S.R. 7 to Jog Rd); Boca Rio Rd., Palmetto Park Rd. to Boca Lago Blvd, and
Silver Beach Rd. (East of Congress Ave. to Old Dixie Hwy.) based on the Findings
of Fact presented by staff ; as defined in Attachment “2”; and C)…(Engineering)
25 5A-1 REVISED MOTION/TITLE & SUMMARY: Staff recommends motion
to adopt: a Resolution of the
Board of County Commissioners of Palm Beach County recognizing the need for
Affordable Housing and the importance of financially supporting the
preservation, redevelopment and creation of affordable housing. SUMMARY: On August 18, 2009, the
Board of County Commissioners directed staff to bring back a resolution to
support the preservation, redevelopment and creation of affordable housing. The
Board discussed allocating road impact fee interest of $1,037,000.00 in Zone 1
to support road impact fee assistance for eligible affordable housing
development within that zone. This interest will be accumulated through FY 2010
and available for allocation in FY-2011.
During the FY- 2011 budget process, the BCC will provide direction
regarding the percentage of interest earned on the various impact fee accounts
that maybe allocated for impact fee assistance within the appropriate zones for
eligible affordable housing development.
Upon approval of this resolution and direction regarding percentage of interest
to be allocated for affordable housing, staff will develop the appropriate
policies and procedures to govern this new program. Staff request board direction: regarding
the adoption of one (1) of four (4) resolutions of the Board of County Commissioners
of Palm Beach County recognizing the need for Affordable Housing and the
importance of financially supporting the preservation, redevelopment and
creation of affordable housing. SUMMARY: Since the October 20, 2009 BCC meeting, staff
has been working with PEACE, Commission on Affordable Housing (CAH) and Housing
Leadership Council (HLC) to craft an Affordable Housing Resolution dedicating a
percentage of unallocated investment earnings on roads, parks and public
building impact fees to support an affordable housing assistance program. The
following are four (4) options for BCC consideration regarding a dedicated
funding source for affordable housing:
(1) Option “A” was the original resolution submitted by staff to the BCC
for consideration, with minor modifications.
This option provides the BCC with maximum flexibility on whether to
allocate anticipated investment earnings of $1.037 million in road impact fee
zone 1 to support road impact fee assistance for an eligible affordable housing
development in zone 1. During each budget development process, beginning FY
2011, the BCC may determine the percentage of projected unallocated investment earnings on applicable impact fees
fund balances for affordable housing assistance program; (2) Option “B” is recommended
by CAH; (3) Option “C” is staff’s
recommended compromise on this issue; and (4) Option “D” is recommended by PEACE
and HOUSING LEADERSHIP COUNCIL(HLC).
25 5A-1 REVISED
MOTION/TITLE & SUMMARY CONTINUED:
Options “B,” “C,” and “D” allocate the
anticipated investment earnings of $1.037 million in road impact fee zone 1 to
support the affordable housing road impact fee assistance program. Options “B, C and D” anticipate designating
50% of projected investment earnings on roads, parks, and public building
impact fee fund balances for the impact fee assistance program during the FY
2011 budget process for FY 2014 of the CIP/CIE. These funds will be allocated
at the beginning of FY 2015. All options recognize that the CAH will recommend
eligible projects to the BCC for approval of funding. In addition, all options
require the transferred funds for affordable housing be contracted within two
(2) years and fully expended within four (4) years of being transferred,
otherwise the funds revert back to the original impact fee type and benefit
zone. The outstanding issue between Options “B, C and D” is that Option “C”
(staff’s option) does not recommend a funding source until FY-2014. Option “B” (CAH) request the BCC strongly
consider reallocating investment earnings from any project planned in the
adopted CIP/CIE (FY 2010-FY-2013) that is unable to move forward to the
affordable housing assistance program.
Option “D” (PEACE and HLC)
specifically request the BCC allocate $500,000 in FY 2012, $750,000 in FY 2013,
and $1,000,000 in FY 2014. Upon approval of a resolution, staff will
develop the appropriate policies and procedures with the assistance of the CAH
that will govern the affordable housing impact fee assistance program. Countywide (TKF) (Admin)
25 5A-2 ADD-ON,
TIME CERTAIN 11:30 A.M.: Staff
recommends motion to approve: filing of an Administrative Challenge to the
South Florida Water Management District’s (SFWMD) proposed “Year-Round
Landscape Irrigation Rule”. SUMMARY: On
November 7, 2008, SFWMD published a notice of intent to adopt the Year Round
Landscape Irrigation Rule (Rule). Due to concerns raised by local utilities,
SFWMD subsequently scheduled the proposed Rule for a public hearing on January
12, 2009. On November 13, 2009, the SFWMD Governing Board concluded that Public
Hearing by taking final action on the Rule. Since the original publication of
the notice of intent, Palm Beach County Water Utilities Department (PBCWUD) has
participated in the Rule’s development. Although SFWMD has in good faith made
some changes to the original published version of the Rule to address our
concerns, staff believes the final version could create substantial problems
for our water utility and its customers. Water Conservation is important to
PBCWUD. The Board of County Commissioners has been diligent in supporting
conservation by approving more than $175 Million in alternative water supply
projects. Staff believes that an unintended consequence of Rule implementation
could result in a permanent reduction to the County’s permitted potable water
allocation, which could result in the stranding of constructed capacity and
force the County to meet future demands for water supply through the development
of costly alternative water supplies. This unintended consequence could
significantly increase water utility rates to our customers, increase our
carbon footprint due to alternative technologies being much more energy
intensive, and potentially shift the allocation to utilities that do not have
the demonstrated track record of low water consumption. Additionally, the Rule includes the issuance
of “no-notice” general permits to all non-utility owners of individual
wells. This could limit PBCWUD’s ability
to require mandatory hook-up for special assessment areas or to impose
reasonable restrictions for protection of the potable water system, such as the
installation of cross connection control devices. This could also become a
vehicle for non-utility users to bring legal challenge against the County,
which currently does not exist. Countywide (MJ) (Admin)
28 5G-1 ADD-ON,
TIME CERTAIN 10:30 A.M.: Staff
requests Board direction: on the minimum requirements of the Request for
Proposal (RFP) for the disposal of certain real estate interests on the Wedge
property within the West Palm Beach Transit Oriented Development (TOD). SUMMARY:
On October 20, 2009, staff provided the Board with an update on the
development of the RFP for the Wedge. That update indicated that an RFP would
be ready for advertisement on December 6 and 13, 2009, contingent upon the
pending traffic model progressing in a manner which did not require policy
discussions by the Board or City Council. As of November 1, 2009, the
preliminary traffic model did not reveal any such issues and staff is
proceeding with the development of the RFP. In order to complete the RFP
preparation, staff now requires Board direction on two (2) specific issues: 1)
the incorporation of a requirement for workforce and/or affordable housing; and
2) the weighting of selection criteria. Staff will also provide preliminary
information on the key proposal requirements. (Admin) Countywide (HF) (FDO)
28 5G-2 ADD-ON,
TIME CERTAIN 10:45 A.M.: Staff recommends motion to approve: Amendment Number 1 to
Interlocal Agreement with the City of Riviera Beach for renovations and improvements
to the City’s Marina (R2007-0349). SUMMARY: The County and City entered
into an Interlocal Agreement on February 27, 2007, which provided the City a $5
million grant for renovations to the City’s Marina. The Interlocal Agreement required the City to
complete the project within two (2) years. The City has faced several obstacles
in redeveloping the area surrounding the Marina, including failure to reach
agreement with Viking Developers, the selected Master Developer of the project. The City has recently down-scaled its program
for the redevelopment, and is now focusing its efforts on the marina
itself. To date, the County has funded
$170,000 which was used for forklift stops and concrete repair. Due to the delay in performing renovations
and maintenance, the Marina has continued to deteriorate and is in need of
significant repairs. The City’s revised
program for the $4,830,000 balance of the grant includes: replacement of the
fuel tanks, demolition of the existing dry storage building and replacement
with ground stands and temporary rack systems, repair and replacement of
fire/water lines under the existing docks, repair of electric service to the
docks, repairs to finger piers and replacement of pilings, stormwater repairs,
and renovation of restroom and shower facilities as part of Phase I. Future phases will include design,
engineering, permitting and replacement of the main bulkhead and existing
finger piers with floating docks. The total estimated cost of all
repairs/improvements is estimated to be $7,650,000 and will require additional
grant funding from Florida Inland Navigation District and other sources. The City will be making a presentation on the
overall scope of proposed improvements.
This Amendment will extend the time frame for completing the project
until October 11, 2011, and redefines the scope of the project as described
above. (PREM) District 7 (HJF)
(FDO)
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 (*).