ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 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 - 22)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 23)
5. REGULAR
AGENDA (Pages 24 - 27)
TIME
CERTAIN 10:00 A.M. (Inspector General and Related Items) (Pages 24 - 25)
6. BOARD
APPOINTMENTS (Pages 28 - 29)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 30)
8. STAFF
COMMENTS (Page 31)
9. COMMISSIONER
COMMENTS (Page 32)
10. ADJOURNMENT (Page 32)
* * * * * * * * * * *
DECEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 First
Amendment with SOE and Runbeck Elections Services for ballot printing equipment
3A-2 Resolution authorizing Energy Efficiency and
Conservation Block Grant Application to Department of Energy
Page 7
3A-3 Resolution
requesting statewide dedicated funding for regional transportation authorities
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.
3B-5 Annual
financial reports, excess fees and unexpended budget balances for FY 2008-2009
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Release
of Rights for portions of Amelia Street and Elizabeth Street
3C-2 Contract
amendments to the primary/secondary annual roadway landscaping contracts
3C-3 Deleted
3C-4 County
Deed in favor of FDOT for property on Boynton Beach Boulevard at Hagen Ranch Rd
D. COUNTY ATTORNEY
Page 8
3D-1 Settlement
Agreement in personal injury case Maria Maldonado v. Palm Beach County
E. COMMUNITY SERVICES
Page 9
3E-1 Amendments
to 11 financially assisted agencies for various activities
Page 10
3E-2 Amendments
to three (3) financially assisted agencies for various activities
3E-3 Consulting/Professional Services Contract
with Caregiver Services for health services to Head Start children
3E-4 Three
(3) amendments to Ryan White Part A HIV Health Support
Services contracts
Page 11
3E-5 Two (2) amendments to Ryan White Part A HIV Health Support Services contracts (Supplemental funds)
3E-6 Contract with Child Protection Team of Palm
Beach for medical evaluation of children
3E-7 Contract with Easter Seals of Florida for
services to children with disabilities/special needs
Page 12
3E-8 Amendment No. 2 with Langton Associates
regarding homeless strategic planning
3E-9 Service Provider Application for Older
Americans Act funds with Area Agency on Aging
Page 13
3E-10 Early Head Start Contracted Services Agreement
with Family Central for services to Early Head Start children
F. AIRPORTS
- None
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Contract
with Davco Electrical Contractors for electrical contracting services
3H-2 Contract
with BK Electric for electrical contracting services
Page 14
3H-3 Contract
with global Communication & Electrical Systems for electrical contracting
services
3H-4 Contract
with RCI Electric for electrical contracting services
3H-5 Contract
with Langer Electric Company for electrical contracting services
DECEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 15
3H-6 Second
Amendment with U.S. Fish & Wildlife Service regarding 800MHz radio system
3H-7 Resolution
authorizing one (1) year suspension of rent increase for The Sub Division
Page 16
3H-8 Easements in favor of Lake Worth Drainage
District regarding PBIA-West Canal & L-2 Canal
I. HOUSING & COMMUNITY DEVELOPMENT
Page 16
3I-1 Agreements
with two (2) organizations regarding homeless assistance services
Page 17
3I-2 Agreements
with three (3) organizations regarding fair housing activities
3I-3 FY
2009/2010 Funding Approval with Housing & Urban Development for Community
Development Block Grant, Emergency Shelter Grants and Home Investment
Partnership funding
3I-4 Revisions to the Community Development
Block Grant Program criteria relating to agency certification
Page 18
3I-5 Amendment
to Loan Agreement with Thirteenth Street Industrial Park regarding job creation
3I-6 Amendment No. 1 with Northwest Riviera
Beach Community Redevelopment Corp. regarding development of 22 single family
homes (Brooks Subdivision)
J. PLANNING, ZONING &
BUILDING
Page 19
3J-1 Annexation
of a portion of right-of-way of Donald Ross Road into Town of Juno Beach
K. WATER UTILITIES
Page 19
3K-1 Contract with Aquifer Maintenance and
Performance Systems for rehabilitation of surficial aquifer wells
Page 20
3K-2 Resolution consenting to renewal of East
Coast Regional Wastewater Treatment Facility Interlocal Agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 20
3L-1 Naming of artificial reef offshore of Ocean Ridge as
“Donnyboy Silpe Reef”
M. PARKS & RECREATION
Page 20
3M-1 First
Amendment with Town of Lantana regarding Lantana Sports Complex
3M-2 First
Amendment with Caridad Center for youth activities and summer camp programs
Page 21
3M-3 Florida
Boating Program Grant Agreement regarding Waterway Park boat launching facility
3M-4 Florida Inland Navigation District Waterways
Assistance Program Agreement for Dubois Park Marina and Shoreline Stabilization
project
Page 22
3M-5 First Amendment with Gordon Andrews for USA
Swimming Program services at Lake Lytal Pool
3M-6 Reallocation
of $435,000 for Boca Raton Museum of Arts improvements
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
DECEMBER 1, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
R. HUMAN RESOURCES
Page 22
3R-1 Palm
Beach County’s 2009-2010 Affirmative Action Plan
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 23
4A Certificate of Appreciation to Donald
Silpe
4B Certificate of Congratulations to the
Woolbright Family
4C Certificates of Appreciation to Deputy
Kerry Dutter and Deputy Robert Mangold
4D Year of the Everglades
4E World AIDS Day
4F Holiday Boat Parade Week
4G Financial Reporting Excellence Day
4H Animal Rights Day
REGULAR AGENDA
COUNTY ATTORNEY – TIME CERTAIN 10:00 A.M.
Page 24
5A-1 Palm Beach County Office of Inspector General
Ordinance
5A-2 Palm Beach County Commission on Ethics
Ordinance
5A-3 Palm Beach County Code of Ethics Ordinance
Page 25
5A-4 Palm Beach County Real Property Acquisition,
Disposition and Leasing Ordinance
ADMINISTRATION
Page 25
5B-1 Draft
FY 2010 State Legislative Program
Page 26
5B-2 Southeast
Florida Regional Climate Change Compact
FACILITIES
DEVELOPMENT & OPERATIONS
Page 26
5C-1 Amended and Restated Grant of Working
Waterfront Preservation Easement for Palm Beach Yacht Center
DECEMBER 1, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FIRE
RESCUE
Page 27
5D-1 Fire
Rescue Municipal Service Taxing Unit Ordinance
PLANNING, ZONING &
BUILDING
Page 27
5E-1 Conservation
Easement Form for Agriculture Reserve – Planned Development District
ENGINEERING
& PUBLIC WORKS
Page 27
5F-1 Interlocal Agreement with City of West Palm
Beach for Imagining Howard Park/Stub Canal storm water improvements
BOARD APPOINTMENTS (Pages 28 - 29)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 30)
STAFF COMMENTS (Page 31)
COMMISSIONER
COMMENTS (Page 32)
ADJOURNMENT (Page 32)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. 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)
2. Staff recommends
motion to:
A) adopt a
Resolution by the Board of County Commissioners of Palm Beach County, Florida,
authorizing the submittal of an Energy Efficiency and Conservation Block Grant
(EECBG) application for the Retrofit Ramp-up Program in the amount of
$50,000,000 to the United States Department of Energy (DOE) Environmental
Management Consolidated Business Center (EMCBC) on behalf of the Office of
Energy Efficiency and Renewable Energy; and
B) authorize the County Administrator or his designee to sign all applications and
documents that do not change the scope of work, or terms and conditions of the
Agreement, if the grant is approved.
SUMMARY: The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, provided
funding for the Department of Energy (DOE) totaling $453.72 million in Recovery
EECBG funds for competitive grants awarded under Topic 1, the Retrofit Ramp-up
Program and Topic 2, the General Innovation Fund. Topic 1, the Retrofit
Ramp-up Program, provides up to $390.04 million for programs that provide $5 to
$75 million for 8 to 20 awards to eligible entities including formula-eligible
units of local government of which Palm Beach County (PBC) is classified. Topic
2 does not allow entities that received a prior formula based award which would
include PBC. Funds awarded must be obligated/committed within an 18-month
period and expended within 36 months. PBC will partner with the local
utility, Florida Power and Light, to provide “whole neighborhood” retrofits to
residential, commercial and industrial buildings including the Palm Beach
International Airport (PBIA) within the targeted Urban Redevelopment Area
(URA). The $50 million application consists of energy efficiency retrofits for
PBIA to offset the almost $4 million in Airport energy costs. These retrofits
may include; the installation of solar rooftop units on out parcel buildings,
HVAC upgrades, and lighting system retrofits to terminal facilities and parking
structures. The residential and commercial component includes the establishment
of a sustainable Energy Efficiency Retrofit Grant Program (Trust Fund) for low
and moderate income residents; an Energy Efficiency Retrofit Revolving Loan
Fund for Residents and Businesses, and funding for Administrative costs.
These Federal Funds will leverage an investment of $250 million at the ratio of
5:1 through other established programs/organizations, which include but are not
limited to: FPL, Treasure Coast Regional Planning Council, Florida Public
Utilities, Palm Beach Community College, Florida Atlantic University, Workforce
Alliance of Palm Beach County, Inc., Business Development Board and the Solid
Waste Authority. Applications must be received by December 14, 2009 not later
than 11:59 PM EST. These are federal funds that require no local
match. Countywide (DW)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to adopt: Resolution by the Board of County Commissioners of
Palm Beach County, Florida, requesting that Governor Crist, Senate President
Atwater, and House Speaker Cretul include statewide dedicated funding for
regional transportation authorities in the call announcing a possible special
session; requesting support for a dedicated funding source or sources for
regional transportation authorities, specifically the South Florida Regional
Transportation Authority; providing an effective date. SUMMARY: At the request of Commissioner Jeff Koons, staff was directed to draft
this Resolution. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
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 September 2009. Countywide
5. Staff recommends
motion to receive and file: annual financial reports, excess fees and
unexpended budget for FY 2008-2009
for the Clerk & Comptroller, Tax Collector, and Property Appraiser. SUMMARY:
The financial reports of these Constitutional Officers were submitted to
the Office of the Clerk & Comptroller on or before October 31, 2009, in
accordance with F.S. 218.36. The amounts
shown for the Tax Collector and the Property Appraiser represent the total
payment to the County. A portion of
these revenues are budgeted in the Library, Fire Rescue, and various other
special revenue funds.
|
|
Budget
Estimate |
Actual Excess Fees |
Additional/Decrease in
Excess Fees |
|
CLERK & COMPTROLLER |
$ 500,000.00 |
$
492,166.54 |
$ (7,833.46) |
|
TAX COLLECTOR |
$ 38,835,381.00 |
$
35,527,922.86 |
$(3,307,458.14) |
|
PROPERTY APPR. |
$ 1,688,724.00 |
$
2,130,156.88 |
$ 441,432.88 |
|
|
$ 41,024,105.00 |
$
38,150,246.28 |
$(2,873,858.72) |
The amounts shown as additional/decrease in excess fees will be included
in the adjustment for additional balances brought forward which will be brought
to the Board of County Commissioners in March, 2010. Countywide (PFK)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Release of Rights for portions of Amelia Street and Elizabeth Street as requested by the Department of Airports (DOA). SUMMARY: Approval of this item will release the County’s interest in two (2) roads within a future the DOA development site (lying west of the Airport between Military Trail and Haverhill Road). District 6 (PFK)
2. Staff recommends motion to approve: Contract Amendments to extend the expiration date for the Primary Annual Roadway Landscaping Contract (Contract), Project No. 2008052 (R2007-1911; dated November 6, 2007) with Superior Landscaping & Lawn Service, Inc. (Superior) and the Secondary Annual Roadway Landscaping Contract (R2007-1911.1), with Vila & Son Landscaping Corporation (Vila) retroactively from November 6, 2009, to November 6, 2010, and lower the unit prices on certain bid items as detailed on Exhibit A of the Agenda Item. SUMMARY: Approval of these Contract Amendments will extend the expiration dates of the existing Contracts to November 6, 2010. There is no increase to the dollar value of the Contract. Both contractors have voluntarily reduced their unit prices for many of the existing bid items that may be used in future task authorizations. The reductions range as high as 50% for some items. Superior has reduced 83% of the items with reductions in unit prices ranging from 2% to 24%. Vila has reduced 58% of items with reductions from 1% to 83%. The contracts include furnishing and installing plant material and irrigation systems within Palm Beach County. Superior is a Miami-Dade County company and Vila is a Palm Beach County company. The Small Business Enterprise (SBE) goal for the project is 15%. The SBE participation committed for the project by Superior is 5.39% overall and the SBE participation committed by Vila is 5.31% overall. Countywide (MRE)
3. DELETED
4. Staff recommends
motion to approve: a County Deed in favor of Florida Department of
Transportation (FDOT) for property on Boynton Beach Boulevard at Hagen Ranch
Road. SUMMARY: Approval of this
item will transfer title for a strip of right-of-way on Boynton Beach Boulevard
to FDOT. District 5 (PK)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $80,000 in the personal injury action styled Maria Maldonado vs. Palm Beach County Board of County Commissioners, Case No. 502008CA006263XXXXMB. SUMMARY: The Plaintiff, Maria Maldonado, was injured after falling while riding as a passenger on a Palm Tran bus. Plaintiff was transported to an emergency room, treated and released. She complained of pain in her neck, back, shoulders, arms, and lower back with pain radiating to the legs. Subsequently, Plaintiff was treated by a chiropractor, a pain management specialist, and a neurosurgeon who performed neck surgery for a herniated disc. Plaintiff’s medical bills totaled $97,177.27. Staff, including the Risk Management Roundtable Committee concur that this settlement is in the best interest of Palm Beach County. Therefore, it is recommended that the County approve the Settlement Agreement in the amount of $80,000. Countywide (SCL)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendments to renew 11 contracts with
financially assisted agencies totaling $1,330,234, for the indicated
activities, for the period October 1, 2009, through September 30, 2010:
A)
Amendment No. 2, 211
Palm Beach/Treasure Coast, Inc. (R2007-2065) in the amount of $89,692, for
Elder crisis outreach;
B) Amendment No. 2, Area Agency on Aging
of Palm Beach/Treasure Coast, Inc. (R2007-1924) in the amount of $53,858, for
the Retired and Senior Volunteer Program (RSVP) and emergency
assistance/disaster preparedness;
C) Amendment No. 2, Children’s Home Society,
Inc. (R2007-1930) in the amount of $164,862, for
project Safe Place, Nelle Smith Residence for Girls, and transitional housing;
D) Amendment No. 2, Communities
in Schools of Palm Beach County, Inc. (R2007-1932) in the amount of $93,327, for comprehensive social, educational and career related
support for at-risk children throughout the Palm Beach County area;
E) Amendment
No. 2, Deaf Service Center of Palm Beach County, Inc. (R2007-1935) in the
amount of $237,564, for client assistance and communication, resources and
education;
F) Amendment No. 2, Jeff
Industries, Inc. (R2007-1949) in the amount of
$151,035, for day/night psycho‑social work adjustment and supported
employment services;
G) Amendment No. 2, Seagull Industries
for the Disabled, Inc. (R2007-1956) in the amount of $271,617, for adult day
habilitation programs and residential assisted living facilities;
H)
Amendment No. 2, The Children’s Place at Home Safe, Inc. (R2008-0032) in
the amount of $41,746, for short-term, intensive treatment and coordinated
services to children and families victimized by domestic violence;
I) Amendment No. 2, The
Haven, Inc. (R2007-1960) in the amount of $128,752,
for prevention/intervention of child abuse through a therapeutic foster-care
program;
J) Amendment No. 2, The Homeless Coalition of Palm Beach County, Inc. (R2007-1947) in
the amount of $10,950,
for homeless assessment and coordination services; and
K) Amendment No. 2, The
Juvenile Transition Center, Inc. (R2007-1961) in the amount of $86,831, for education enrichment, mentoring and job training
skills to at risk youth ages 13‑18.
Summary: On September 8, 2009, the Board of County Commissioners (BCC) approved
the list of agencies and funding allocations under the Financially Assisted
Agency Program. These amendments are the final renewal options, as agreed to
under the contract terms, and the information submitted reflects part of the
total $12,042,722 funding approved by the BCC for FY 2010. Other contracts will
be forthcoming upon receipt of all the required information. (Financially
Assisted Agency Program) Countywide (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
2. Staff recommends
motion to approve: Amendments to contracts with the following
agencies, totaling $486,893 for the period and services as indicated:
A) Amendment No. 2, Early Learning Coalition
of Palm Beach County, Inc. (R2007-2170), for the period October 1, 2009,
through September 30, 2010, in the amount of $256,500, for subsidized child day
care services;
B) Amendment No. 2, Center for Family Services
of Palm Beach County, Inc. (R2007-2064),
for the period of October 1, 2009, through September 30, 2010, in the amount of
$120,850, for the Home Instruction Program for Preschool Youngsters (HIPPY);
C) Amendment No. 1, Palm Beach County Health
Department (R2009-0065), for the period of October 1, 2009, through September
30, 2010 in the amount of $109,543, for services provided to HIV positive
clients tested by the Palm Beach County Health Department and necessary punitive actions for repeat
offenders.
Summary: On September 8, 2009, the Board of County
Commissioners approved the list of agencies and funding allocations under the
Financially Assisted Agency (FAA) Program, and subsequently adopted a budget
for FY 2010 that included funds for Other County sponsored programs. The
contract amendments being recommended for approval reflect the funding amounts
previously approved by the Board. Additional
contract amendments will be forthcoming upon receipt of all required
information. Countywide (TKF)
3. Staff recommends
motion to approve:
Consulting/Professional Services Contract with Caregivers Services, Inc., d/b/a
Friends Assisting Seniors and Families, for the period of December 1, 2009,
through September 30, 2010, in an amount of $21,706, to provide health services
to Head Start children. Summary: Caregivers, Inc. will provide ongoing
child health services in accordance with the Head Start Act. This Contract will
enable Caregivers, Inc. to provide specialized licensed practical nurse
services in the Head Start program for children to ensure healthy outcomes.
Funding to provide health services to Head Start children is through the
American Recovery and Reinvestment Act (ARRA). The ARRA grant was awarded to
Palm Beach County Head Start and approved by the Board of County Commissioners
on November 17, 2009. Funding consists
of $17,365 (80%) in Federal funds and $4,341(20%) in County funds. (Head Start)
Countywide (TKF)
4. Staff recommends
motion to approve: three
(3) amendments to the Ryan White Part A HIV Health
Support Services Contracts (Formula) for the period March 1, 2009, through
February 28, 2010:
A)
Amendment No. 2 to Contract (R2009-0829) with Comprehensive Community
Care Network, Inc. to decrease funding by $40,000 for a new total not to exceed
amount of $545,103;
B) Amendment No. 2 to Contract (R2009-0830)
with Glades Health Initiative, Inc. to decrease funding by $7,662 for a new
total not to exceed amount of $92,736;
C) Amendment No. 2 to Contract (R2009-0835)
with Treasure Coast Health Council, Inc. to increase funding by $47,662 for a
new total not to exceed amount of $382,393.
Summary: Ryan White HIV
Health Support service dollars are reviewed throughout the contract year and
allocated to best meet the needs of affected clients. The contract adjustments
will help ensure that agencies have funds to meet budgetary needs for the grant
period. No County funds are required.
(Ryan White) Countywide (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
5. Staff recommends
motion to approve: two (2) amendments to the Ryan White Part
A HIV Health Support Services Contracts (Supplemental) for the period
March 1, 2009, through February 28, 2010:
A) Amendment No. 1 (R2009-1153) with
Comprehensive Community Care Network, Inc. (CCCN) to decrease funding for Home
Health Care by $60,000 and internally transfer $50,000 to Primary Medical Care
for a new total contract amount not to exceed $184,594; and
B) Amendment No. 1 (R2009-1262) with Treasure
Coast Health Council, Inc. (TCHC) to increase funding for Specialty Outpatient
Medical Services by $10,000 for a new total contract amount not to exceed
$318,332.
Summary: Ryan White HIV Health Support service
dollars are reviewed throughout the contract year and allocated to best meet
the needs of affected clients. CCCN’s Home Health Care budget will be reduced
by $60,000 and reallocated internally to Primary Medical Care ($50,000) and
externally to TCHC ($10,000) for Specialty Outpatient Medical Services.
Contract terms require that budget changes in excess of ten percent (10%) of
the total contract amount be approved by the Board of County
Commissioners. No County funds are
required. (Ryan White) Countywide (TKF)
6. Staff
recommends motion to approve: Contract with Child Protection Team of
Palm
Beach, Inc., for the period October 1, 2009, through September 30, 2010,
in the amount of $160,000, for medical evaluations of children referred by law
enforcement, Department of Children and Families, and/or the courts who are the
alleged victims of abuse, neglect, and/or abandonment. Summary: On September 8, 2009, the Board of County
Commissioners approved the list of agencies and funding allocations under the
Financially Assisted Agency (FAA) Program, and subsequently adopted a budget
for FY 2010 that included funds for Other County sponsored programs. The contract being recommended for approval
reflects the funding amount previously approved by the Board. Countywide
(TKF)
7. Staff recommends
motion to approve:
Contract with Easter Seals Florida, Inc. for the period October 1, 2009,
through September 30, 2010, in the amount of $38,475, for services to children
birth to five (5) years with disabilities and special needs so they are able to
enter school ready to learn. Summary: On September 8, 2009, the Board of
County Commissioners approved the list of agencies and funding allocations
under the Financially Assisted Agency Program.
The information submitted in this item reflects part of the $12,042,722
approved for FY 2010. (Financially
Assisted Agency Program) Countywide (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
8. Staff recommends
motion to approve: Amendment No. 2 to the Contract with Langton Associates (R2006-2679) extending the contract
for a one (1) year period commencing October 1, 2009, ending September 30, 2010,
in an amount not to exceed $44,000, for consulting services regarding homeless
strategic planning. Summary: In March 2006, as a result of a 2002
Federal mandate requiring communities to develop a Ten-Year Plan to End Homelessness,
the Division began gathering information needed for this strategic plan.
Langton Associates facilitated the initial focus groups that assisted in the
assessment of homeless issues in Palm Beach County. Upon completion of the
community assessment and review of the information by the Homeless Advisory
Board, Langton Associates organized the data into a final document; the Ten-Year
Plan to End Homelessness which was adopted by the Board of County Commissioners
on September 23, 2008. Following the plan’s adoption, Langton Associates
continued to assist in overseeing the facilitation of Homeless Advisory Board meetings, providing staffing assistance to the seven (7) Homeless
Advisory Board Committees, and overseeing implementation of the Action Steps.
Langton Associates will continue in this role.
Funding for this purpose is included in the Department’s FY 2010 budget.
(Human Services) Countywide (TKF)
9. Staff recommends
motion to ratify the Chairman’s signature: on the Service Provider Application (SPA)
to the Request for Proposal (RFP) response for the Older Americans Act (OAA)
Federal grant funds totaling $2,068,207 with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period January 1, 2010, through
December 31, 2010, for various services for the elderly, with two (2) one (1)
year renewal options. Summary: The SPA response to the
RFP encompasses Department of Elder Affairs (DoEA) funded programs managed by
the AAA including OAA Title IIIB, C1, C2 and IIIE programs and allows the
Division of Senior Services (DOSS), as lead agency, to provide direct services
to seniors. Services include adult day
care, congregate meal screening, screening/assessment, nutrition education,
nutrition counseling, interpreter/translating, outreach and in-home services
(companionship, escort, homemaker, personal care, respite, home delivered
meals, and specialized medical equipment, services & supplies). In-home
services are provided through vendors and coordinated by DOSS. Services are
funded with $2,068,207 in Federal funds, $229,801 in County required funds, $847,921 in additional County funds, $252,974 in Nutrition
Services Incentive Program (NSIP) and $69,962 in Program Income. The SPA
response to the RFP spans two (2) County fiscal years. Sufficient funding is available in the FY
2010 budget to meet County obligations.
The County match required to meet FY 2011 obligations will be requested in
the FY 2011 budget process. OAA funds administered and managed by the AAA will
allow DOSS to provide federal supportive services which assist in improving the
lives of the elderly and caregivers. The SPA response to the RFP was submitted
through the emergency signature process due to insufficient time to submit it
through the regular agenda process. The
required submit date was October 23, 2009.
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)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
10. Staff recommends
motion to approve: Early
Head Start Contracted Services Agreement with Family Central, Inc., for the
period of October 1, 2009, through September 30, 2010, in an amount of $119,866,
for services to Early Head Start children and families. Summary: Family Central, Inc. will recruit, contract and maintain four (4)
licensed Family Child Care Home Providers in Belle Glade, Pahokee and South Bay
for the Early Head Start program for a total of 16 children (ages birth-36
months). Family Central, Inc. will be reimbursed at a rate of $25.56 per
child/per day for 16 children that are approved for subsidized child care for a
maximum of 249 days. Reimbursement costs for postage, mileage, training,
conferences and substitutes shall not exceed $18,035. Funding consists of $73,740
in Federal funds, $18,435 in required match County funds and $27,691 in
overmatch, for a total of $119,866. (Head Start) Countywide (TKF)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to
approve: an annual Contract with Davco Electrical Contractors to
perform electrical contracting services on an as-needed basis for projects
typically under $100,000 each. SUMMARY:
This Contract is for one (1) year and is
an indefinite-quantity contract with a maximum value of $1,000,000. The Contract
will terminate when a total of $1,000,000 in work orders are issued among the
pool of approved electrical contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides for up to four (4) – one (1) year renewals, at the sole
option of the County. Staff will review the status of the contractor=s certifications annually, prior to
renewal, to ensure the firm remains qualified under the original
pre-qualification criteria. The work is
to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of six (6) electrical contractors. Any work performed will be in
accordance with the Contract. The
specific magnitude of the work shall be determined by individual work
orders. The Small Business Enterprise
(SBE) goal is 15%, and will be tracked cumulatively for each work order issued.
Davco Electrical Contractors is a Palm Beach County company. This is a bond-waiver contract. The
cumulative value of active work orders at any time will be limited to $200,000
per contractor. (FD&O Admin) Countywide (JM)
2. Staff recommends
motion to approve:
an annual Contract with BK Electric,
Inc., to perform electrical contracting services on an as-needed basis for
projects typically under $100,000 each. SUMMARY: This Contract is for
one (1) year and is an indefinite-quantity contract with a maximum value of
$1,000,000. The Contract will terminate when a total of $1,000,000 in work
orders are issued among the pool of approved electrical contractors or when the
one (1) year time period has expired, whichever occurs first. The Contract
provides for up to four (4) – one (1) year renewals, at the sole option of the
County. Staff will review the status of the contractor=s certifications annually, prior to
renewal, to ensure the firm remains qualified under the original
pre-qualification criteria. The work is
to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of six (6) electrical contractors. Any work performed will be in
accordance with the Contract. The
specific magnitude of the work shall be determined by individual work orders. The Small Business Enterprise (SBE) goal is
15% and will be tracked cumulatively for each work order issued. BK Electric,
Inc. is a certified SBE Contractor and is a Palm Beach County company. This is a
bond-waiver contract. The cumulative value of active work orders at any time
will be limited to $200,000 per contractor. (FD&O Admin) Countywide
(JM)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve:
an annual Contract with Global Communications & Electrical Systems, Inc.,
to perform electrical contracting services on an as-needed basis for projects
typically under $100,000 each. SUMMARY:
This Contract is for one (1) year and is
an indefinite-quantity contract with a maximum value of $1,000,000. The Contract
will terminate when a total of $1,000,000 in work orders are issued among the
pool of approved electrical contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides for up to four (4) - one (1) year renewals, at the sole
option of the County. Staff will review
the status of the contractor=s certifications annually, prior to
renewal, to ensure the firm remains qualified under the original
pre-qualification criteria. The work is
to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of six (6) electrical contractors. Any work performed will be in
accordance with the Contract. The
specific magnitude of the work shall be determined by individual work orders.
The Small Business Enterprise (SBE) goal is 15%, and will be tracked
cumulatively for each work order issued. Global Communications & Electrical
Systems, Inc. is a certified SBE Contractor and is a Palm Beach County
company. This
is a bond-waiver contract. The cumulative value of active work orders at any
time will be limited to $200,000 per contractor. (FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve:
an annual Contract with RCI Electric,
Inc., to perform electrical contracting services on an as-needed basis for
projects typically under $100,000 each. SUMMARY: This Contract is for
one (1) year and is an indefinite-quantity contract with a maximum value of
$1,000,000. The Contract will terminate when a total of $1,000,000 in work
orders are issued among the pool of approved electrical contractors or when the
one (1) year time period has expired, whichever occurs first. The Contract provides for up to four (4) -
one (1) year renewals, at the sole option of the County. Staff will review the status of the
contractor=s certifications annually, prior to
renewal, to ensure the firm remains qualified under the original
pre-qualification criteria. The work is
to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of six (6) electrical contractors. Any work performed will be in
accordance with the Contract. The
specific magnitude of the work shall be determined by individual work orders.
The Small Business Enterprise (SBE) goal is 15%, and will be tracked
cumulatively for each work order issued. RCI Electric, Inc. is a certified SBE
Contractor and is a Palm Beach County company.
This is a bond-waiver contract. The cumulative
value of active work orders at any time will be limited to $200,000 per
contractor. (FD&O Admin) Countywide (JM)
5. Staff recommends
motion to approve:
an annual Contract with Langer Electric Company to perform electrical
contracting services on an as-needed basis for projects typically under
$100,000 each. SUMMARY: The Contract is for one (1) year and is an
indefinite-quantity contract with a maximum value of $1,000,000. The Contract
will terminate when a total of $1,000,000 in work orders are issued among the
pool of approved electrical contractors or when the one (1) year time period
has expired, whichever occurs first. The Contract provides for up to four (4) –
one (1) year renewals, at the sole option of the County. Staff will review the
status of the contractor=s certifications annually, prior to
renewal, to ensure the firm remains qualified under the original
pre-qualification criteria. The work is
to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of six (6) electrical contractors. Any work performed will be in
accordance with the Contract. The
specific magnitude of the work shall be determined by individual work orders
issued. The Small Business Enterprise (SBE) goal is 15%, and will be tracked
cumulatively for each work order issued. Langer Electric is a Broward County
company. This
is a bond-waiver contract. The cumulative value of active work orders at any
time will be limited to $200,000 per contractor. (FD&O Admin) Countywide
(JM)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends motion to approve: a Second Amendment to the Interlocal Agreement (R2002-0177) with U.S. Fish & Wildlife Service of Boynton Beach (Service) for direct access to the County’s 800MHz Radio System. SUMMARY: The Agreement which provides the terms and conditions under which the Service can directly access the County’s 800MHz Radio System will expire on February 5, 2010. The Agreement provides for two (2) - four (4) year renewals but renewals require approve by both parties. The Service has approved a renewal to extend the term of the Agreement until February 4, 2014. This last renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The annual fees are consistent with those being charged to County departments. The Agreement may be terminated by either party, with or without cause, on October 1st of any year, with a minimum of six (6) months notice. (ESS) Countywide (JM)
7. Staff recommends motion to:
A) adopt a Resolution authorizing a one (1) year suspension of the four percent (4%) increase in rent and finding that the First Amendment to the Lease Agreement with Robert Weatherbee d/b/a The Sub Division, a sole proprietor is in the best interest of the County; and
B) approve a First Amendment to the Lease Agreement (R2006-0077) with Robert Weatherbee d/b/a The Sub Division, a sole proprietor.
SUMMARY: On July 31, 2005, staff issued a Request for Proposals (RFP) to lease space and provide food services at the County’s Vista Center 2300 Building, located at 2300 North Jog Road in West Palm Beach. On January 10, 2006, the RFP was awarded to Robert Weatherbee d/b/a The Sub Division. The Lease premises consist of 349 sq. ft. within the lunchroom area of the 2300 Building, together with the use of two (2) unassigned parking spaces within the parking garage. The initial term of the Lease is for five (5) years, commenced on January 1, 2007, and expires on December 31, 2011. It contains two (2) extension options, each for a period of one (1) year, subject to Board approval. The current annual rental rate is $7,787.52 ($22.31/sf), with four percent (4%) annual increases. On August 12, 2009, staff received a request from Robert Weatherbee for a suspension of the four percent (4%) annual rent increase for a period of one (1) year, due to economic conditions and the reduction of County staff occupying the building. Mr. Weatherbee provides a valuable service to the occupants and visitors of the building and staff believes that rent is the least important factor in analyzing the use of this space. There is no question that business has declined as a result of the downturn in the economy and staff recommends that rent increases by suspended for one (1) year. In the event that business does not pickup next year, staff recommends that we explore potential interest from other operators in deciding whether to continue with the suspension of rental increases. (PREM) District 2 (HJF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve:
A) an easement in favor of Lake Worth
Drainage District (LWDD) for access and maintenance of the PBIA-West Canal; and
B) an easement in favor of LWDD
for access and maintenance of the L-2 Canal, both canals being in
unincorporated West Palm Beach.
SUMMARY: LWDD requested easements to allow for access
and maintenance of the existing PBIA-West Canal. The canal is adjacent to the
east boundary line of the PBSO Training Facility at 4215 Cherry Road in
unincorporated West Palm Beach. The
County acquired the 20-acre parcel, which is east of North Military Trail and north
of Belvedere Road, in 2003 from The King’s Academy, Inc. The PBIA-West Canal
easement is 660.57 feet long and varies in width from 46.00 feet to 56.00 feet
for a total of 35,449.13 square feet (0.81 acres). LWDD also requested a 45 foot by 45 foot
corner clip containing 1,012 square feet (0.02 acres) at the southwest corner
of the intersection of the PBIA-West Canal and the L-2 Canal. Both of these easements are exclusive and are
being given to LWDD at no charge as they will assume maintenance responsibility
of the PBIA-West Canal. (PREM) District 2 (HJF)
I. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve:
A) an Agreement with
Aid to Victims of Domestic Abuse, Inc. in the amount of $25,000; and
B) an Agreement with
the Salvation Army in the amount of $21,412.
SUMMARY: Palm Beach County will
receive a total of $302,730 in Emergency Shelter Grant Program (ESGP) funds for
FY 2009/2010 to provide assistance countywide to the homeless and those at risk
of becoming homeless. These Agreements will distribute $46,412 in ESGP funds
for the operation and maintenance of emergency shelters and transitional housing
facilities. Staff has evaluated each of the activities proposed to be funded
under these Agreements to ensure that the services to be provided are not
duplicated by activities funded under any other County Program or
Agreement. All agencies are Palm Beach
County entities. These federal funds
require a matching contribution which will be provided by the agencies. Countywide (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve:
A) an Agreement with Place of Hope in the amount
of $38,000;
B) an Agreement with
Redlands Christian Migrant Association, Inc., in the amount of $35,592; and
C) an Agreement with
the Salvation Army in the amount of $16,720.
SUMMARY: The FY 2009/2010 Action Plan approved by
the Board of County Commissioners on July 21, 2009 (R2009-1207) allocated
$1,138,542 of Community Development Block Grant (CDBG) funds for the provision
of public services, fair housing activities and housing activity delivery
costs. The services to be provided by
the three agencies under the contracts for which approval is being sought are
as follows: Place of Hope will provide
transitional housing and support services for 36 abused and/or neglected
children in foster care at the agency’s Paxton Campus in Palm Beach Gardens, Florida;
Redlands Christian Migrant Association will operate two (2) child development
centers in Belle Glade, Florida and unincorporated Palm Beach County to serve
110 children of migrant farmworkers; and the Salvation Army will provide
transitional housing and support services to 275 homeless men at the Center of
Hope transitional housing facility in West Palm Beach, Florida. These
Agreements will allocate $90,312 of approved funding for the provision of
public services. Staff has evaluated each of the activities proposed to be
funded under these Agreements to ensure that the services provided are not
duplicated by activities funded under any other County Program or
Agreement. All Agencies are Palm Beach
County entities. These are Federal funds
that require no local match. Countywide (TKF)
3. Staff recommends
motion to approve: the Fiscal Year 2009/2010 Funding Approval/Grant
Agreement Forms (Forms) with the U.S. Department of Housing and Urban
Development (HUD) for the Community Development Block Grant (CDBG) Program
($6,815,780); the Emergency Shelter Grants (ESG) Program ($302,730); and Home
Investment Partnership (HOME) Program ($2,799,335). SUMMARY: Approval of these Forms is
required to receive $9,917,845 in Federal funds available to the County to
provide assistance for community development programs. These Forms constitute the contracts
with HUD which make the CDBG, ESG, and HOME funds available to the County’s
line of credit with the U.S. Treasury. No local match is required for the CDBG
Program; however, the ESG and HOME Programs have matching requirements. The ESG
Program match requirement will be met through a cash or in-kind contribution by
each agency receiving funding, and the HOME match requirement will be met
through the Palm Beach County Universal Housing Trust Fund and State Housing
Initiatives Partnership unencumbered program income. Countywide (TKF)
4. Staff recommends
motion to approve: revisions to the Community Development Block Grant
(CDBG) Program Criteria relating to agency certification by Nonprofits First
and homeless shelter/transitional housing restrictions. SUMMARY: The
County’s CDBG evaluation process currently requires non-profit agencies to be
certified by the agency Nonprofits First or to have initiated the certification
process to receive funding. Because of
economic hardship faced by some agencies most agencies are unable to afford the
cost of the certification process. Staff is recommending that the requirement
be modified to be a preference whereby additional evaluation points are given
to those agencies that are certified. CDBG criteria currently require
that all non-profit agencies located in municipalities prove that at least 51%
of beneficiaries reside outside the municipality where the agency is located
and outside other entitlement municipalities. Due to the transient nature of
the homeless population, staff recommends exempting homeless shelters and
transitional housing from this requirement. Countywide (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends motion to approve:
A) an Amendment to
the Loan Agreement (R2004-0844) with Thirteenth Street Industrial Park, Inc.
(TSIP) to extend the job creation date from January 2009 to January 2012 to
create 70 full-time equivalent jobs;
B) an Amendment to the Promissory Note for
Acquisition Loan changing the effective date of the interest rate of the Note
from “in effect July 1, 2004” to seven (7) days prior to the payment due date
each month; and
C) an Amendment to the Promissory Note for
equipment purchase changing the effective date of the interest rate of the Note
from “in effect July 1, 2004” to seven (7) days prior to the payment due date
each month.
SUMMARY: The Amendment to the Loan Agreement provides
for an extension of three (3) years to the term of the existing Agreement to
enable TSIP to create 70 full-time equivalent (FTE) jobs. The last monitoring of the company’s
facility, conducted in June 2009 revealed that only 45 FTE jobs were
created. Due to challenging economic
conditions, TSIP requested a time extension to January 2012 to create the
required 70 FTE jobs. The Amendments to
the Promissory Note for property acquisition and the Promissory Note for
equipment purchase will clarify the method of calculating the interest on the
loans and ensure that the wording on the notes is consistent with both the
County’s and the Borrower’s interpretation. The Amendments will ensure that the
interest rate charged each month will be the six month London Interbank Offered
Rate (LIBOR) published seven (7) days prior to the payment due date (which is
the first day of each month) plus one percent (1%). These are Federal
Section 108 Loan funds that require no local match. District 7 (TKF)
6. Staff recommends
motion to approve: Amendment No. 001 to Agreement (R2009-1291)
with Northwest Riviera Beach Community Redevelopment Corporation (NWRBCRC) revising the Agreement commencement date from
November 1, 2008, to October 10, 2008. SUMMARY: On August 18, 2009, the Board of County
Commissioners (BCC) approved an Agreement (R2009-1291) with NWRBCRC to allocate
$294,500 in Federal Home Investment Partnership funds; to facilitate the
construction of 22 single family homes in an affordable homeownership project
known as “Brooks Subdivision.”
Unfortunately, the commencement date was incorrectly identified as
November 1, 2008 instead of October 10, 2008. Approval will permit NWRBCRC to
be reimbursed for development expenditures incurred immediately after purchase
of the development site on October 10, 2008. This Agreement provides Federal HOME Community Housing Development
Organization Reserve funds, which requires no local match. District 7 (TKF)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: the annexation of a portion of the unincorporated right-of-way
of Donald Ross Road, located between the centerline of Ellison Wilson Road, and
up to the centerline of the Intracoastal Waterway, into the Town of Juno Beach.
SUMMARY: The Town of
Juno Beach has requested the voluntary annexation for the portion of the
unincorporated right-of-way segment of Donald Ross Road, west of Ellison Wilson
Road and up to the centerline of the Intracoastal Waterway, abutting the
boundary of the City of Palm Beach Gardens, as identified in Attachment B of
the Agenda Item. This annexation was
requested by the Town of Juno to allow the Town to: 1) monitor and enforce
traffic safety; 2) provide the Town's police department jurisdiction under the
bridge for safety and regular patrols for activities that may impact the nearby
Town residents; 3) provide for potential red light monitoring along the
roadway; and 4) allow for all existing public works maintenance of the medians
and edges of the right-of-way to continue within the Town's jurisdiction
without creating additional liability to our contracted landscape maintenance
crews. The Town does not request the
transfer of operation and maintenance of the right-of-way. The annexation has been reviewed
through the annexation review process, and the County review departments (including,
but not limited to, Fire-Rescue, Sheriff’s Office, Engineering, Planning,
Zoning, Environmental Resources Management, Water Utilities, County Attorney,
and the Office of Financial Management and Budget) are not opposed to the
annexation. The proposed annexation
meets the requirements of Chapter 171, F.S., as the area is contiguous,
compact, does not create an enclave, and is consistent with the
Intergovernmental Coordination Element, Objective 1.4, of the County’s
Comprehensive Plan. District 1 (RB)
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) a piggyback unit price Contract
in the amount of $450,000 with Aquifer Maintenance and Performance Systems
(AMPS) for rehabilitation of surficial aquifer wells; and
B) Work Authorization No.
1 to rehabilitate wells at Water Treatment Plants Nos. 2, 3, 8, 9, and 10 in
the amount of $450,000.
SUMMARY: The piggyback contract is from the Town of Jupiter (Contract No. JW 09-03). This Contract will be used for wellfield rehabilitation to maintain adequate raw water supply to all of the Water Utilities Department’s (WUD) Water Treatment Plants. It includes line items for removal and installation of well pumps, removal of existing screen and riser, furnishing and installing stainless steel screen and riser, pump testing, and well disinfection for surficial production wells. The Contract includes provisions for a 12 month renewal on May 1, 2010 that would require future Board approval. At such time, the additional monies and work authorizations may be authorized pursuant to PPM CW-F-050. The Town of Jupiter does not have an SBE program; therefore, the Small Business Enterprise (SBE) participation goal established by SBE Ordinance (R2002-0064) does not apply to this piggyback contract. AMPS is a local Palm Beach County company. (WUD Project No. 09-069) Districts 2, 5 & 6 (JM)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
2. Staff recommends
motion to adopt: a Resolution
consenting to the renewal of the East Central Regional Wastewater Treatment
Facility (ECR) Interlocal Agreement for a term of thirty years. SUMMARY: On September 9, 1992, the County approved an
Interlocal Agreement (R92-1228D) with the City of Lake Worth, the City of
Riviera Beach, the Town of Palm Beach, and the City of West Palm Beach (the
“Entities”) establishing the duties and responsibilities among the Entities for
the operation of the ECR Wastewater Treatment Facility. The County has a 36.7%
ownership share in the ECR, which treats wastewater flows from the northern
portion of the Water Utilities Department’s service area. The ECR Interlocal Agreement has an initial
term of thirty years, expiring in the year 2022, and has a provision for renewal
of the term for an additional 30 years with the consent of all of the Entities.
The ECR Board has developed a 20-Year Capital Plan to replace significant
components of the treatment facilities which are nearing the end of their
useful lives. However, in order to execute the necessary contractual agreements
and obtain financing for the capital plan, the Interlocal agreement must be
extended beyond the current expiration date. This Resolution provides the
County’s consent to extend the term of the Interlocal Agreement for an
additional 30 years to the year 2052. Countywide (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: the naming of an artificial reef created from
the placement of limestone boulders offshore of Ocean Ridge in 67 feet of water
as the “Donnyboy Silpe Reef”. SUMMARY: The
Silpe Foundation has generously donated $10,000 to the County’s Artificial Reef
Program for constructing an artificial reef with the stipulation that the reef
be named the “Donnyboy Silpe Reef” in honor of the father who is an avid local
diver and fisherman. The reef consists of limestone boulders placed concurrent
to a county project situated at the Boynton No. 3 Site in approximately 67 feet
of water. District 4 (HF)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: First Amendment to Agreement (R2009-1011) with the Town of Lantana for
operational costs for the Lantana Sports Complex to extend the project
completion date from July 31, 2009, to August 31, 2009. Summary: This fully executed First Amendment to Agreement extends the
project completion date for the completed Lantana Sports Complex project in
order to allow the County to continue with the reimbursement process. The reimbursement request was received before
the deadline date of October 31, 2009, but the project end date needs to be
extended to allow for reimbursement of all eligible project expenses. All other terms of the Agreement, including
the funding amount of $14,000, remain the same. Funding for the project is from
the Recreation Assistance Program (RAP) District 3 Funds. District 7 (AH)
2. Staff recommends
motion to receive and file: First Amendment to Agreement (R2008-1669) with Caridad Center, Inc. for
funding of youth activities and summer camp programs to extend the project
completion date from June 1, 2009, to October 30, 2009, and the reimbursement
submission date from September 1, 2009, to October 30, 2009. Summary: This
fully executed First Amendment to Agreement extends the project completion date
and reimbursement submission date for the completed programs to October 30,
2009, in order to allow the County to continue with the reimbursement process. The reimbursement request has already been
received, but the project end date needs to be extended to allow for
reimbursement of all eligible project expenses.
All other terms of the Agreement, including the funding amount of
$25,000, remain the same. Funding for
the project is from the Recreation Assistance Program (RAP) District 5
Funds. District 5 (AH)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
3. Staff recommends
motion to:
A) receive and file fully
executed Florida Fish and Wildlife Conservation Commission Florida Boating
Improvement Program Grant Agreement for $170,000 for the design and permitting
of the Waterway Park boat launching facility for the period October 8, 2009,
through June 30, 2031; and
B) approve Budget Amendment of $170,000 within the Park
Improvement Fund to establish budget for the approved grant.
Summary: On April 21, 2009
(R2009-0672), the Board authorized submission of a Florida Fish and Wildlife
Conservation Commission (FWCC) Florida Boating Improvement Program Grant Application
requesting $170,000 for the design and permitting of the Waterway Park boat
launching facility. The Board also
authorized the County Administrator or his designee to execute the Project
Agreement and other standard state and/or federal grant forms related to this
project if the grant was approved. This
grant was approved by the FFWCC and the Grant Agreement (FWC Contract No.
09030) has been fully executed, and it is now being submitted to the Board to
receive and file. The grant will be
matched with funds from the 2004 $50
Million Waterfront Access and Preservation General Obligation Bond referendum. The Grant Agreement requires the
County to execute and record a Notice of Limitation of Use dedicating the site
for a minimum of 20 years for the use and benefit of the public once
construction is complete. District 1 (AH)
4. Staff recommends
motion to:
A) receive and file fully executed Florida Inland Navigation District (FIND)
Waterways Assistance Program Project Agreement for $987,000 for the Dubois Park
Marina and Shoreline Stabilization project for the period October 22, 2009, through
September 1, 2011;
B) approve
Budget Amendment of $987,000 within the Park Improvement Fund to establish
budget for the approved grant; and
C) approve Budget
Transfer of $987,000 within the 2004 $50 Million Waterfront Access Bond fund
from Dubois Park Marina to Reserves.
Summary: On April 21, 2009, the Board authorized
submission of a Waterways Assistance Program grant application for improvements
associated with the redevelopment of Dubois Park (R2009-0671). The Board also authorized the County
Administrator or his designee to execute the funding Agreement and other grant
forms related to this project if the grant was approved. This grant was approved by FIND, and the
Project Agreement (Project No. PB-09-140) has been fully executed and is now
being submitted to the Board to receive and file. The estimated $2,587,975 Dubois Park Marina
and Shoreline Stabilization project is located on the Jupiter Inlet in northern
Palm Beach County and includes 17 day use dock slips, shoreline stabilization
and creation of a one (1) acre snorkeling area. This grant funding of $987,000
will replace a portion of the project budget established from the 2004 $50
Million Waterfront Access and Preservation Bond. District
1 (AH)
DECEMBER 1, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
5. Staff recommends
motion to approve: First Amendment to Independent Contractor
Agreement (R2009‑0332) with Gordon Andrews for USA Swimming
Program services at Lake Lytal Pool for the period February 1, 2009, through
January 31, 2010. Summary: On
January 6, 2009, the Parks and Recreation Department entered into an
Independent Contractor Agreement with Gordon Andrews to provide coaching services for the USA
Swimming program at Lake Lytal Pool. Under this original Agreement,
the total amount to be paid by the County for all services and materials was
not to exceed $70,000. This First Amendment increases the total contract
amount by $20,000 to $90,000. District
2 (AH)
6. Staff recommends
motion to approve: reallocation of $435,000 within the 2002 $50
Million Recreational and Cultural Facilities Bond referendum for the
Boca Raton Museum of Art gallery space on the first floor of the Boca Raton
Cultural Center (a/k/a Mizner Park Cultural Center) to Boca Raton Museum of
Arts improvements. Summary: The District 4
Commissioner has requested that the scope of the $435,000 allocated in the $50
Million Recreational and Cultural Facilities Bond for Boca Raton Museum of Art
gallery space within the Mizner Park Cultural Center be changed to allow for
the funding to be used by the Boca Raton Museum of Art for improvements to the
Boca Raton Museum of Art facility located within Mizner Park. District 4
(PK)
R. HUMAN
RESOURCES
1. Staff recommends
motion to approve: Palm Beach
County’s 2009-2010 Affirmative Action Plan, a
voluntary effort to correct under-representation where it exists in the Board
of County Commissioners’ workforce. Summary: Implementation of this
year’s Plan focuses on methods and procedures for achieving targeted work unit
goals, enhancing special recruitment efforts, and continuing to develop systems
to correct under-representation. Minority representation for all job categories
for 2008-2009 was 32.5% which is 4.5% above the availability. Females
represented 36.4% of the County’s workforce in 2008-2009 as compared to the
availability of the labor force for all occupations of 46.0%. There is no fiscal impact. Countywide (EC)
* * * * * * * * * * * *
DECEMBER 1, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Certificate
of Appreciation to Donald Silpe in recognition of his $10,000 contribution
towards the construction of a Palm Beach County artificial reef. (Sponsored by Commissioner Koons)
B. Certificate
of Congratulations to the Woolbright Family in recognition of their father,
Beryl Woolbright, for his contributions to the growth and development of Palm
Beach County. (Sponsored by Commissioner Abrams)
C. Certificates
of Appreciation to Deputy Kerry Dutter and Deputy Robert Mangold in recognition
of their outstanding dedication, devotion to duty and service to residents of
Seminole Manor. (Sponsored by
Commissioner Vana)
D. Proclamation
declaring 2010 as “Year of the Everglades” in Palm Beach County. (Sponsored by Commissioner Marcus)
E. Proclamation
declaring December 1, 2009 as “World AIDS Day” in Palm Beach County. (Sponsored by Commissioner Vana)
F. Proclamation
declaring December 5 – 11, 2009 as “Holiday Boat Parade Week” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
G. Proclamation
declaring December 2, 2009 as “Financial Reporting Excellence Day” in Palm
Beach County. (Sponsored by Commissioner Aaronson)
H. Proclamation
declaring December 17, 2009 as “Animal Rights Day” in Palm Beach County. (Sponsored by Commissioner Koons)
* * * * * * * * * * * *
DECEMBER 1, 2009
5. REGULAR
AGENDA
A. COUNTY ATTORNEY – TIME
CERTAIN 10:00 A.M.
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 15, 2009 at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
providing for title; creating and establishing the Palm Beach County Office of
Inspector General; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for enforcement; providing for penalty; providing for captions; and
providing for an effective date. SUMMARY: In response to the
Presentment of the Palm Beach County Grand Jury regarding Investigation of Palm
Beach County Governance and Public Corruption Issues, the Board of County
Commissioners directed the County Attorney’s Office to draft ordinances
creating a local Code of Ethics, and establishing an Office of Inspector
General and Commission on Ethics. This Ordinance establishes the Palm
Beach County Office of Inspector General. Countywide (LB)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 15, 2009 at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
establishing the Palm Beach County Commission on Ethics; providing for creation
and jurisdiction; providing for membership qualifications, terms and vacancy;
providing for applicability of the Code of Ethics; providing for organization
of the Commission on Ethics; providing for powers and duties; providing for
financial support; providing for procedure on complaints filed; providing for
public hearing procedures; providing for notification and referral to other
authorities; providing for dismissal of complaints; providing for frivolous or
groundless complaints; providing for effect on other laws; providing for
prospective jurisdiction; providing for personnel proceeding; providing for
statute of limitations; providing for advisory opinion; providing for appeals;
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: In response to the Presentment of the Palm
Beach County Grand Jury regarding Investigation of Palm Beach County Governance
and Public Corruption Issues, the Board of County Commissioners directed the
County Attorney’s Office to draft ordinances creating a local Code of Ethics,
and establishing an Office of Inspector General and Commission on Ethics.
This Ordinance establishes the Palm Beach County Commission on Ethics. Countywide (LB)
3. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 15, 2009 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, creating the Palm Beach County
Code of Ethics; providing for title; providing for definitions; prohibiting
certain conflicts of interest and creating voting conflict standards; providing
for a gift law; providing anti-nepotism law; providing for training; providing
for non-interference; providing for administration, enforcement, and penalties;
amending the Palm Beach County Lobbyist Registration Ordinance, Palm Beach
County Code, Chapter 2, Article VIII (Codifying Ordinances 2003-018 and
2003-055); amending Section 2-353 concerning registration form and
requirements; amending Section 2-355 Cone of Silence; amending Section 2-356
Enforcement; amending Section 2-357 Penalties; 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: In
response to the Presentment of the Palm Beach County Grand Jury regarding
Investigation of Palm Beach County Governance and Public Corruption Issues, the
Board of County Commissioners directed the County Attorney’s Office to draft
ordinances creating a local Code of Ethics, and establishing an Office of
Inspector General and Commission on Ethics. This Ordinance establishes
the Palm Beach County Code of Ethics. Countywide (LB)
DECEMBER 1, 2009
5. REGULAR
AGENDA
A. COUNTY ATTORNEY – TIME
CERTAIN 10:00 A.M. (Cont’d)
4. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 15, 2009 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Real
Property Acquisition, Disposition and Leasing Ordinance, Chapter 22, Article VI of the Palm Beach County
Code; providing for definitions; providing for supermajority vote; providing
for creation of a property review committee; 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: This Amendment amends the “Palm Beach
County Real Property Acquisition, Disposition and Leasing Ordinance” (the “PREM
Ordinance”) codified in Chapter 22, Article VI of the Palm Beach County Code in
order to implement recommendations made by the Palm Beach County Grand Jury.
The Amendment adds a provision to the PREM Ordinance requiring that all
purchases (including eminent domain), sales and exchanges of real property,
other than internal interdepartmental transactions and those pursuant to
delegated authority, which do not require a Board action, be approved by a
supermajority (5) vote of the Board. The
Amendment also adds a provision requiring the County to establish a “Property
Review Committee” (“PRC”) within sixty (60) days to review, evaluate and advise
the Board regarding real estate transactions involving the purchase (including
eminent domain), sale or exchange of real property when such transactions are
based on appraisals utilizing hypothetical conditions or extraordinary
assumptions; are based upon appraisals assuming change of land use,
comprehensive plan amendment or concurrency other than that which currently
exists; are transactions in which the price varies from the appraised value by
more than 10%; or is an exchange of real property in which the value of the
property to be conveyed or received by County plus any additional consideration
to be paid or received by County exceeds $250,000. Transactions for less than
$250,000, transactions subject to Federal Aviation Administration review or
audit other than off airport transactions for non airport purposes, transactions
pursuant to the Conservation lands Protection Ordinance and intergovernmental
transactions are excluded from the PRC review requirement. Countywide
(HJF)
B. ADMINISTRATION
1. Staff requests
Board direction: on the draft FY 2010 State Legislative Program. SUMMARY: Staff requests the Board’s
review of the draft FY 2010 State Legislative Program. The Legislative Program
outlines the issues that the County’s Legislative Affairs Department in
conjunction with the County’s lobbying team will be working on for the Board in
the upcoming Legislative Session. Countywide (DSW)
DECEMBER 1, 2009
5. REGULAR
AGENDA
B. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to adopt: the Southeast Florida Regional Climate Change Compact
providing for a coordinated climate change strategy with Broward, Miami-Dade,
and Monroe Counties. Summary: By approving this Compact the County commits to the following:
·
To
develop a joint policy position urging the United States Congress to pass
legislation that recognizes the unique vulnerabilities of Southeast Florida to
the impacts of climate change and to further a joint policy position that
includes specific recommendations regarding the allocation of federal climate
change funding based on vulnerability to climate change impacts;
·
To
develop additional legislative policy statements relating to global climate
change and future legislation to be considered by the Congress of the United
States for transmittal to the Congressional Delegation representing districts
within the area covered by this Compact;
·
To
develop joint position statements on proposed State legislation and
energy/climate policies;
·
To
develop joint position statements for future State legislation that may be
considered by the Florida Legislature for transmittal to the Legislative
Delegation representing districts within the area covered by this Compact;
·
To
dedicate appropriate staff resources and expertise, within budget constraints,
to participate in a Regional Climate Team toward the development of a Southeast
Florida Regional Climate Change Action Plan;
·
To
coordinate with other counties party to this Compact in developing a Southeast
Florida Regional Climate Change Action Plan; and
·
To
participate in hosting the Second Southeast Florida Regional Climate Change
Summit in October 2010. Countywide
(GB)
C. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: an Amended and Restated Grant of Working Waterfront Preservation Easement and Declaration of Restrictive Covenants (R2006-0425) for Palm Beach Yacht Center (PBYC). SUMMARY: Pursuant to Board direction on December 18, 2007 and January 27, 2009, this Amended and Restated Grant of Working Waterfront Preservation Easement and Declaration of Restrictive Covenants subjects the entire Palm Beach Yacht Center Property to restrictions limiting the use of the property to boat yard, dry storage and marina and marine related uses which are required to be open to paying public customers on a first come first served basis. The Easement also assigns to the County all residential development rights associated with the property. The value of the Amended Easement was appraised at $16,250,000. The County paid $14,000,000 for the original Easement, and this Amended Easement is being granted without additional charge. The County and the Town of Hypoluxo are signing as parties to the Agreement. PBYC will provide an updated title policy insuring the priority of the County’s interest in the Easement. (PREM) District 4 (HJF)
DECEMBER 1, 2009
5. REGULAR
AGENDA
D. FIRE RESCUE
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 15, 2009 at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II,
Division 3, of the Palm Beach County Code; amending the boundaries of the
Fire/Rescue MSTU (Municipal Service Taxing Unit) to include the Town of South
Palm Beach; providing for effectiveness; providing for opt-out procedures;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the Code of Laws and Ordinances; providing for captions. SUMMARY: The Fire/Rescue MSTU
encompasses the unincorporated areas of Palm Beach County plus the incorporated
areas within the municipal boundaries of municipalities that have opted to join
the MSTU. The County currently provides
fire-rescue services to the Town of South Palm Beach (Town) through an Interlocal
Agreement (R2004-0363), at a rate established by the Agreement. The Town now desires to opt into the
Fire/Rescue MSTU as a method to receive and pay for fire-rescue services from
the County. This Ordinance will amend the boundaries of the Fire /Rescue MSTU
to include the properties within the municipal boundaries of the Town. Inclusion of the Town in the Fire/Rescue MSTU
will not change the amount of revenue received from the Town for fire-rescue
services. Countywide (SB)
E. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: a
Conservation Easement form to be used when lands owned by the South Florida
Water Management District are used as preserves for an Agriculture Reserve –
Planned Development District (AgR-PDD). SUMMARY: The Board of County
Commissioners has previously approved several Conservation Easement forms for
preserves associated with AgR-PDDs. These several forms address specific
situations affecting preserves, such as preserves located along the Lyons Road
Rural Parkway or preserves affecting Lake Worth Drainage District land or
facilities, to name a few. The form in front of the Board today has been
drafted specifically for preserves owned by the South Florida Water Management
District, and contains terms agreed upon by the County and the District. This
item will assist the development approval process by allowing the Easements to
be accepted without having to be approved by the BCC each time, provided the
Easements are in the same form. Any material change to the form shall require
further BCC approval. Districts 3 & 5 (HF)
F. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) an Interlocal Agreement to reimburse up to $500,000 to the City of West Palm Beach (City) for Imagining Howard Park/Stub Canal Storm Water Improvements; and
B) a Budget Transfer of $500,000 in the Transportation Improvement Fund from Reserve for District 3 to Imagining Howard Park/Stub Canal Storm Water Improvement – District 3.
SUMMARY: This Agreement will supply reimbursement funds to the City
to make storm water improvements to the Stub Canal. Districts 2, 3, & 7
(MRE)
* * * * * * * * * * * *
DECEMBER 1, 2009
6. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Homeless Advisory Board)
1. Staff recommends
motion to approve: appointment/reappointment
of the following community and business representatives to the Homeless Advisory Board for a term of
two (2) years:
Reappointments, Effective
November 6, 2009
Seat No. Nominee Member
Category
17 Michelle
Diffenderfer Business
Representative
18 Susan
Gallagher Business
Representative
20 Senator Phillip Lewis Business
Representative
23 William Washington Business
Representative
27 Thomas Bell Formerly
Homeless Representative
28 Michelle
Carter Formerly Homeless Representative
29 Stephen Johnson Formerly Homeless
Representative
31 Leo Abdella Faith-Based
Organization
32 Kerry Gallagher Philanthropist
33 Judith Aigen Housing
Authority
New Appointments, Effective
December 1, 2009
21 Brent Ion Business
Representative
22 Ezra Krieg Business Representative
25 Cathleen
McFarlane Private
Foundation
35 Jamie Titcomb General Representative
Summary: On May 1, 2007, the Board of County
Commissioners approved a resolution establishing the Homeless Advisory
Board. The Advisory Board consists of sixteen (16) core members who are principally
elected officials or agency heads (or their designees) and twenty (20)
community and business members. The
community and business member seats are broken down as follows: seven (7)
business representatives; three (3) private foundation representatives; four
(4) formerly homeless representatives; one (1) faith based community
representative; one (1) philanthropist; one (1) housing authority
representative; one (1) hospital executive officer; and two (2) general
members. In accordance with the establishing
resolution, the community and business representatives to this advisory board
are nominated by the core members. The
above slate of nominations for the community and business member seats was
approved by the core members on August 19, 2009 with modifications approved on
November 18, 2009. A General
Representative member was recommended for appointment to a Business seat and is
thereby submitted as a new appointment (Ezra Krieg). Countywide (TKF)
DECEMBER 1, 2009
6. BOARD
APPOINTMENTS
B. ADMINISTRATION
(Treasure
Coast Regional Planning Council)
1. Staff recommends
motion to approve: appointment
of the following members to the Treasure Coast Regional Planning Council for a
one (1) year term beginning December 1, 2009, to November 30, 2010:
Nominees Seat
No. Requirement
Regular appointments:
Commissioner Karen Marcus 1 Palm
Beach County Official
Commissioner Jeff Koons 2 Palm
Beach County Official
Commissioner Shelley Vana 3 Palm
Beach County Official
Alternate appointments:
Commissioner Steven L. Abrams 1A Palm
Beach County Official
Commissioner Priscilla A. Taylor 2A Palm
Beach County Official
Commissioner Jess R. Santamaria 3A Palm
Beach County Official
SUMMARY: In accordance with the Treasure Coast
Regional Planning Council (TCRPC) Rules of Order, the Board of County
Commissioners (BCC) is requested to appoint their members and alternates for
the coming year before the Council’s Annual meeting on December 11, 2009. The
BCC will also ratify the Palm Beach County League of Cities members under a
separate board appointment item. Countywide (RPB)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 1, 2009
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 1, 2009
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 1, 2009
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS, VICE CHAIR
B. District
2 - COMMISSIONER JEFF KOONS
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
Proclamation honoring HER MAJESTY’S Counsel
General Keith Allan.
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
Proclamation celebrating Bishop Willie Hudson’s 47 years of Ministry and
Community Service on December 5, 2009.
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
December 1, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
DECEMBER 1, 2009
PAGE ITEM
6 3A-2 REVISED
TITLE & SUMMARY: Staff recommends motion to: A) adopt
a Resolution by the Board of County Commissioners of Palm Beach County,
Florida, authorizing the submittal of an Energy Efficiency and Conservation
Block Grant (EECBG) application for the Retrofit Ramp-up Program in the amount
of up to $50,000,000 to the United States Department of Energy (DOE)
Environmental Management Consolidated Business Center (EMCBC) on behalf of the
Office of Energy Efficiency and Renewable Energy; and B)….SUMMARY: The
American Recovery and Reinvestment Act of 2009, Public Law 111-5, provided
funding for the Department of Energy (DOE) totaling $453.72 million in Recovery
EECBG funds for competitive grants awarded under Topic 1, the Retrofit Ramp-up
Program and Topic 2, the General Innovation Fund….The $50 Million application
consists of energy efficiency retrofits for PBIA to offset the almost $4
million in Airport energy costs. These retrofits may include; the installation
of solar rooftop units on out parcel buildings, HVAC upgrades, and lighting
system retrofits to terminal facilities and parking structures. The
residential and commercial component includes the establishment of a
sustainable Energy Efficiency Retrofit Grant Program (Trust Fund) for low and
moderate income residents; an Energy Efficiency Retrofit Revolving Loan Fund
for Residents and Businesses, and funding for Administrative costs. These
Federal Funds will leverage an investment of up to $250 million at
the ratio of up to 5:1 through other established programs/organizations,
which include but are not limited to: FPL, Treasure Coast Regional Planning
Council, Florida Public Utilities, Palm Beach Community College, Florida
Atlantic University, Workforce Alliance of Palm Beach County, Inc., Business
Development Board and the Solid Waste Authority. Applications must be received
by December 14, 2009 not later than 11:59 PM EST. These are federal
funds that require no local match. Countywide (DW) (Admin/EDO)
18 3I-5 DELETED: Staff
recommends motion to approve: A)
an Amendment to the Loan Agreement (R2004-0844) with Thirteenth Street
Industrial Park, Inc. (TSIP) to extend the job creation date from January 2009
to January 2012;…(HCD) (Moved to December 15, 2009)
19 3K-1 REVISED TITLE: Staff
recommends motion to approve: A) a piggyback unit price Contract in the amount of
not to exceed $450,000 with Aquifer Maintenance and Performance Systems
(AMPS) for rehabilitation of surficial aquifer wells.; and B) Work
Authorization No. 1 to rehabilitate wells at Water Treatment Plants Nos. 2, 3,
8, 9 and 10 in the amount of $450,000.
(WUD)
26 5C-1 REVISED SUMMARY: Pursuant to Board direction on December 18,
2007 and January 27, 2009, this Amended and Restated Grant of Working
Waterfront Preservation Easement and Declaration of Restrictive Covenants
subjects the entire Palm Beach Yacht Center Property to restrictions limiting
the use of the property to boat yard, dry storage and marina and marine related
uses which are required to be open to paying public customers on a first come
first served basis. The Easement also
assigns to the County all residential development rights associated with the
property. The value of the Amended Easement was appraised at $16,250,000. The
County paid $14,000,000 for the original Easement, and this Amended Easement is
being granted without additional charge.
The County and the Town of Hypoluxo are signing as parties to the
Agreement. Staff is recommending that the Board’s approval of the
Easement be contingent upon PBYC will
provide providing an updated title policy insuring the priority of
the County’s interest in the Easement. (PREM)
District 4 (HJF) (FDO)
27 5F-1* REVISED, MOTION/TITLE & SUMMARY: Staff recommends motion to conceptually
approve:
A) an Interlocal Agreement to reimburse up to $500,000 to
the City of West Palm Beach (City) for Imagining Howard Park/Stub Canal Storm
Water Improvements; and
B) a Budget Transfer of $500,000
in the Transportation Improvement Fund from Reserve for District 3 to Imagining
Howard Park/Stub Canal Storm Water Improvement – District 3.
SUMMARY: This Agreement will supply reimbursement funds
to the City to make storm water improvements to the Stub Canal.
an Interlocal Agreement to reimburse the City of West Palm Beach (City) $500,000 for storm water improvements to Imagining Howard Park/Stub Canal. SUMMARY: This Agreement will reimburse funds to the City for storm water improvements within the Howard Park turning basin by providing additional storage. Howard Park is within the Stub Canal Drainage Basin (Basin). In 2005, a Task Force was formed to evaluate improvements required to increase flood protection within this flood prone Basin. The Task Force members recommended that additional storage within Howard Park be constructed and made it a priority project in their recommendations. The City has been awarded a $1,000,000 grant by the Florida Department of Environmental Protection (DEP) for drainage improvements within this Basin. The City intends to utilize $500,000 of these funds, along with $500,000 of the County’s funds, to complete the Howard Park drainage improvements. The remaining $500,000 from the DEP grant (along with $500,000 of City funds) will be utilized for additional drainage improvements within the Basin. Residents from other areas within Districts 2, 3, & 7 that utilize the Stub Canal for their outfall will benefit from the Howard Park Project and these additional drainage improvements. Lower stages in the Stub Canal mean less flooding for these communities. The Transportation Improvement Fund for District 3 has a total amount of $500,000 in reserves for this project. This was originally an allocation made by Commissioner Newell. Districts 2, 3, & 7 (MRE) (Engineering)
29 6B-2 ADD-ON:
Staff recommends motion to ratify: the following Palm Beach County League of
Cities (League) representatives to the Treasure Coast Regional Planning Council
for a one (1) year term beginning December 1, 2009, to November 30, 2010:
Nominees Seat
No. Requirement
Regular
appointments:
Joni Brinkman 4 Palm
Beach County Official
Sam Ferreri
5 Palm
Beach County Official
Karen Golonka 6 Palm
Beach County Official
Carmine Priore 7 Palm
Beach County Official
Terry Brown 8 Palm
Beach County Official
Alternate appointments:
Fred Pinto 4A Palm
Beach County Official
David Norris 5A Palm
Beach County Official
Martha Webster 6A Palm
Beach County Official
Shelby Lowe 7A Palm
Beach County Official
Ellen Andel 8A Palm
Beach County Official
Summary: In accordance with the TCRPC Rules of Order,
the Board of County Commissioners (BCC) is requested to appoint their members
and alternates for the coming year before the Council’s annual meeting on
December 11, 2009. The BCC also ratifies the League’s members. The League appointed the above municipal
representatives at their November 25, 2009 meeting. Countywide (RPB)
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 (*).