ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 15, 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. PUBLIC HEARINGS - 9:30
A.M. (Pages 23 - 24)
5. REGULAR
AGENDA (Pages 25 - 29)
6. BOARD
APPOINTMENTS (Page 30)
7. STAFF
COMMENTS (Page 31)
8. COMMISSIONER
COMMENTS (Page 32)
9. ADJOURNMENT (Page 32)
* * * * * * * * * * *
DECEMBER 15, 2009
TABLE OF CONTENTS
CONSENT AGENDA
Page 6
3A-1 Resolution
in support of naming U.S. Highway 27 the Purple Heart Highway
B. CLERK
& COMPTROLLER
Page 6
3B-1 Warrant list
3B-2 Minutes:
None
3B-3 Contracts
and claim settlements list
C. ENGINEERING
& PUBLIC WORKS
Page 6
3C-1 Deleted
3C-2 Joint Participation & Project Funding
Agreement with City of Boynton Beach for utility adjustments on Lawrence Road
3C-3 County Deed in favor of Lake Worth Drainage
District for four (4) parcels on West Atlantic Avenue
3C-4 Reimbursement Agreement with New Urban
Community Development Corp. and City of West Palm Beach for roadway, curb and
gutters, landscaping on Henrietta Ave. and Palm Beach Lakes Blvd.
Page 7
3C-5 Maintenance Memorandum of Agreement with FDOT
regarding Okeechobee Boulevard (Turnpike to Military Trail)
3C-6 Budget
Transfer regarding bridges at 45th Street and Northlake Blvd. over
C-17 canal
3C-7 Amendment No.
2 with FDOT regarding Lyon Road improvements
3C-8 Amendment No. 2 with FDOT regarding Blue
Heron Blvd./Congress Ave. intersection improvements
3C-9 Amendment with City of Delray Beach and
Delray Beach Housing Authority regarding road improvements on Southwest 12th
Avenue
D.
COUNTY ATTORNEY
Page 8
3D-1 Official
transcript for closing of Revenue Bonds related to Pine Crest Preparatory
School
E.
COMMUNITY SERVICES
Page 8
3E-1 Contract
with Governor’s Council regarding summer camp scholarships
3E-2 Contracts
with three (3) venders for services to homeless individuals
Page 9
3E-3 HUD grant
applications for services to homeless individuals/families
3E-4 Contract with Invo Healthcare Associates for
speech and language services to Head Start children
Page 10
3E-5 Head Start Contracted Services Expansion
Agreement with Community Child Care Center for services to Head Start children
and families
3E-6 Collaborative
Partnership Agreement with Area Agency on Aging for in-home respite services
F.
AIRPORTS
Page 11
3F-1 Receive and
file eight (8) original Agreements for Department of Airports
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
DECEMBER 15, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 11
3H-1 JOC Work Order No. 10-023 with Holt
Contractors regarding PBSO Administration modifications
Page 12
3H-2 Contract with
Knight Electric Co. regarding electrical contracting services
3H-3 Change Order
No. 7 with Catalfumo Construction regarding Intermodal Transit Facility project
3H-4 Amendment No. 5 with Catalfumo Construction
regarding air conditioning improvements at Vista Center
Page 13
3H-5 Second
Amendment with Town of Highland Beach regarding 800MHz radio system
3H-6 Declaration of Easement in favor of County
Water Utilities regarding Fire Rescue Station No. 21
3H-7 Interlocal
Agreement with City of Pahokee regarding fuel management services
Page 24
3H-8 Agreement for Purchase and Sale with Midway
Foundation 2.53 acres of land in Pahokee for Fire Rescue Station No. 72
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 14
3I-1 Amendment to Loan Agreement with Thirteenth
Street Industrial Park regarding creation of 70 full-time jobs
Page 15
3I-2 Agreement with Housing Partnerships
regarding homeownership opportunities for low-income families
3I-3 Amendment
No. 1 with Seagull Industries regarding facility renovations
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES - None
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 16
3L-1 Receive and
file seven (7) original documents for Environmental Resources Management
Page 17
3L-2 Amendment
No. 3 with FDEP regarding Singer Island Short Protection project
3L-3 Contact with
FDEP regarding contamination cleanup activities
M.
PARKS & RECREATION - None
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 18
3Q-1 FDLE Grant
regarding firing range training improvements
3Q-2 Edward Byrne Memorial Justice Assistance
Grant regarding West Palm Beach Community Justice Service Center
Page 19
3Q-3 Edward Byrne Memorial Justice Assistance
Grant regarding Community Based Anti-Crime Task Force
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 19
3S-1 Emergency Services Agreement for Mutual
Assistance, Automatic Aid and Dispatch Services with the City of Riviera Beach
DECEMBER 15, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES
Page 20
3U-1 Amendment No. 8 with Metatomix, Inc.
regarding Visual Planning Technologies/Law Enforcement Exchange project
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 20
3X-1 Deleted
3X-2 Contract
with Palm Beach Medical Society regarding Anti-Viral Treatment Unit courses
Page 21
3X-3 Contract with Florida Department of Health
regarding therapy services to sexual assault victims
Y.
PURCHASING - None
Z.
RISK MANAGEMENT - None
AA.
PALM TRAN - None
BB.
SHERIFF
Page 21
3BB-1 Agreement with
Area Agency on Aging regarding Elderly Abuse Training project
3BB-2 Grant Adjustment Notice with National Institute
of Justice for “Solving Cold Cases with DNA Program”
Page 22
3BB-3 Agreement with
Port of Palm Beach regarding infrastructure protection activities
3BB-4 Return of
$19,296 in unexpended Drug Control/Money Laundering investigation grant funds
3BB-5 National
Institute of Justice Forensic DNA Unit Efficiency Improvement Program Grant
PUBLIC
HEARINGS - 9:30 A.M.
Page 23
4A Amend
boundaries of Fire Rescue Municipal Service Taxing Unit (Town of South Palm
Beach)
4B Palm Beach County Office of Inspector General
Ordinance
4C Palm
Beach County Commission on Ethics Ordinance
Page
24
4D Palm
Beach County Code of Ethics Ordinance
4E Real
Property Acquisition, Disposition and Leasing Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 25
5A-1 Consulting/Professional Services Agreement
with Kathleen Owens relating to implementing a fire rescue level of service and
common communication/dispatch system
5A-2 One (1) time-limited Economic Development
Specialist position
Page
26
5A-3 Resolution supporting Signature HealthCARE,
LLC for Florida’s Qualified Target Industry Tax Refund Program
DECEMBER 15, 2009
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
COUNTY
ATTORNEY
Page 26
5B-1 Resolution
approving revisions to County’s Investment Policy
FIRE RESCUE
Page 27
5C-1 First Amendment to Fire Protection and
Emergency Medical Services Agreement with Town of South Palm Beach
HOUSING &
COMMUNITY DEVELOPMENT
Page 27
5D-1 Waiver
regarding Residential Rehabilitation Program funds for Thomas Hankerson
FACILITIES
DEVELOPMENT & OPERATIONS
Page 27
5E-1 Transit
Oriented Development District Request for Proposal
Page 28
5E-2 Airport
Center Hilton Hotel request for extension regarding meeting room expansion
PUBLIC SAFETY
Page 29
5F-1 Palm Beach
County Towtruck Ordinance
BOARD
APPOINTMENTS (Page 30)
STAFF
COMMENTS (Page 31)
COMMISSIONER
COMMENTS (Page 32)
ADJOURNMENT (Page 32)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution in support of naming U.S. Highway
27 from the State of Florida through the State of Michigan the Purple Heart
Highway. SUMMARY: The Members of the Military Order of the
Purple Heart are coordinating a nationwide effort to establish the Purple Heart
Highway by renaming U.S. Highway 27 from its beginning point in South Florida,
to its ending in Michigan. Palm Beach County is one of 19 counties that U.S.
Highway 27 runs through in the State of Florida. It also runs through seven (7) states. Countywide
(ME)
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
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2. Staff recommends
motion to approve: a Joint Participation and Project Funding
(Agreement) with the City of Boynton Beach (City) in the amount of $48,583.20
for utility adjustments on Lawrence Road from South of C. Stanley Weaver Canal
to North of C. Stanley Weaver Canal. SUMMARY:
Approval of this Agreement will
allow Palm Beach County (County) and the City to jointly participate in
the utility relocations to the water distribution system and other improvements
along the right-of-way. The City agrees to reimburse the County for the cost of
these utility relocations and other improvements. District
3 (MRE)
3. Staff recommends motion to approve: a County Deed in favor of Lake Worth Drainage District (LWDD) for four (4) parcels identified as 814A, 815A, 816A, and 817A on West Atlantic Avenue at the LWDD L-34 Canal. SUMMARY: Approval of this item will allow a County Deed to give clear title to LWDD for property in the L-34 Canal right-of-way. District 5 (PK)
4. Staff recommends
motion to approve:
A) a Reimbursement Agreement with New Urban Community Development Corporation and the City of West Palm Beach (City) in an amount not to exceed $137,358 for The Townhouses at Henrietta; and
B) a Budget Transfer of $137,358 in the Transportation Improvement Fund from Reserves for District 7 to New Urban Community Development Corporation.
SUMMARY: Approval of the Reimbursement Agreement and Budget Transfer will provide funds to reconstruct roadway, curb and gutters, landscaping, irrigation, drainage, and sidewalks on the corner of Henrietta Avenue and Palm Beach Lakes Boulevard in the City. District 7 (MRE)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends motion to adopt: a Resolution to execute a Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for maintenance of landscaping, irrigation and hardscape on Okeechobee Boulevard (State Road 704) from Florida’s Turnpike to Military Trail. SUMMARY: FDOT plans to install upgraded landscaping, irrigation and hardscape (Improvements) as elements of their planned roadway resurfacing project on Okeechobee Boulevard from Florida’s Turnpike to Military Trail. FDOT requires that the local government enter into a formal MMOA for the maintenance of such planned Improvements as a requirement for those Improvements to be constructed by FDOT with their road project. FDOT is responsible for the installation of the Improvements at a projected cost of $76,409.94. Adoption of this Resolution will require Palm Beach County to be responsible for the maintenance of the improvements. District 2 (MRE)
6. Staff recommends motion to approve: a Budget Transfer of $1,207,089 in the Capital Outlay Fund to establish funding for the C-17 Canal Bridges at 45th Street and Northlake Blvd. SUMMARY: These two (2) bridges are in need of immediate repair/reconstruction. Approval of this Budget Transfer establishes funding for the repair of bridges at 45th Street and Northlake Boulevard over the C-17 Canal. The funding for this transfer comes from several previously approved projects which have been completed or canceled. Districts 1 & 7 (MRE)
7. Staff recommends
motion to adopt: a Resolution approving Amendment Number Two
to the County Incentive Grant Program (CIGP) Agreement R2007-0255 with the
State of Florida Department of Transportation, in the amount of $2,850,000 for
Lyons Road from north of Atlantic Avenue to south of Boynton Beach Boulevard
project. SUMMARY: Approval
of Amendment Number Two to the CIGP Agreement will grant Palm Beach County an
extension to the contract. The original
agreement expired on June 30, 2009.
Approval of Amendment Number One extended the expiration date to
December 31, 2009. Approval of Amendment
Number Two will extend the expiration date to June 30, 2010. District 5 (MRE)
8. Staff recommends
motion to approve: Amendment Number Two to the Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for
intersection improvements at Blue Heron Boulevard and Congress Avenue. SUMMARY:
The FDOT and Palm Beach County have partnered together to design additional
eastbound and westbound left turn lanes, extend the existing left turn lane and
add eastbound and westbound right turn lanes at the intersection of Blue Heron
Boulevard and Congress Avenue under a JPA approved on January 25, 2007. Amendment number one was approved on
September 23, 2008, which allowed the partial invoicing of design services as
they were completed. Approval of this Amendment will extend the expiration date
to June 30, 2010. District 7 (MRE)
9. Staff recommends
motion to approve: an Amendment to the Interlocal Agreement (R2008-2025)
with the City of Delray Beach (City) and Delray Beach Housing Authority (DBHA)
approved on November 12, 2008 to reimburse the City in an amount not to exceed
$1,000,000 from the Transportation Improvement Fund Reserves for District 7 for
the installation of infrastructure and road improvements on Southwest 12th
Avenue. SUMMARY: Approval of this amended
Interlocal Agreement will transfer the responsibility from the DBHA to the City
for improvements to SW12th Avenue at the site of the old Carver Estates
property. The funding amount shall remain the same as the R2008-2025 Agreement.
District 7 (MRE)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff
recommends motion to receive and file: the official transcript for the closing of the
$16,240,619 Revenue Bonds in the form of a Master Lease and Sublease Agreement
among Palm Beach County, Banc of America Public Capital Corp and Pine Crest Preparatory
School, Inc., as authorized by Resolution R2008-2345 adopted on December 16,
2008. SUMMARY: The closing occurred December 17, 2008. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide
(PFK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract with Governor’s Council for Community
Health Partnerships, for the period of January 1, 2010, through September 30,
2010, in an amount not-to-exceed $461,700, for Summer Camp Scholarships. Summary: The Summer Camp Scholarship Program pays
full tuition and associated fees for eligible children to attend day camp
during the summer months. The Governor’s
Council for Community Health Partnerships (GCCHP) receives the funding,
matched by $461,700 from Children Services Council in addition to other grants
and donations. Combined, these funds result in the ability to provide 2,200
scholarships to Palm Beach County children to attend over 100 camps. GCCHP
processes payments to the specific Summer Camp providers based on invoices from
Palm Beach County Division of Human Services. GCCHP maintains financial records
& reports of payments and receipts for Summer Camp funding. (Human
Services) Countywide (TKF)
2. Staff recommends
motion to approve: Contracts with the following vendors for the
period of January 1, 2010, through December 31, 2010, for a total of $515,825,
for services to homeless individuals:
A) Gulfstream Goodwill Industries, Inc. for supportive
services in an amount not to exceed $ 65,600;
B) Gulfstream Goodwill Industries, Inc. for supportive
housing in an amount not to exceed $ 286,225;
C) Oakwood
Center of the Palm Beaches for supportive services in an amount not to exceed
$82,000; and
D) Comprehensive Alcoholism Rehabilitation
Programs, Inc. (CARP) for supportive services in an amount not to exceed
$82,000.
Summary: In 2008, HUD awarded the Division of Human Services a one year renewal
grant to begin January 1, 2010. The grant will continue funding for 30
Transitional housing beds and supportive services offered through Gulfstream
Goodwill Industries, Inc., CARP, and Oakwood Center to provide staff for the
Homeless Outreach Teams and related support services. Funds for these contracts
are comprised of $442,158 from Housing and Urban Development and $91,240 in
County match for a total of $533,398. The contracts total $515,825 and the
remaining balance of $17,573 is for non-contracted funds for administration and
bus passes. (Human Services) Countywide (TKF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) ratify the Chairman’s
signature on:
1) the U.S. Department of Housing and Urban Development (HUD) renewal
application for the Supportive Housing Program for the period of January 1, 2011,
to December 31, 2011 in the amount of $ 442,158;
2) the U.S. Department of Housing and Urban Development (HUD) Shelter
Plus Care renewal application for the period of May 23, 2010, to May 22, 2011 in
the amount of $197,280;
3) the U.S. Department of Housing and Urban Development (HUD) Shelter Plus
Care renewal application for the period of July 20, 2010, to July 19, 2011 in
the amount of $223,584; and
B) delegate
authority to the County Administrator, or his designee to sign the U.S.
Department of Housing and Urban Development (HUD) Supportive Housing Program and
Shelter Plus Care grant agreements.
Summary: The Supportive
Housing Program will continue funding 30 transitional housing beds and supportive
services, including specialized Case Management for the Homeless Outreach
Teams. A cash match is required (20% Supportive Services-$46,940 and 25%
Operating-$44,300) in the amount of $91,240. This match will be budgeted in the
FY 2011 budget process. The first Shelter
Plus Care Renewal Grant provides Sponsor Based Rental assistance for 15
disabled individuals. The second Shelter Plus Care Grant provides Sponsor Based
Rental Assistance to 17 disabled individuals. There is no cash match
requirement for either grant but an in-kind match is provided by the partner
agency in the form of supportive services.
(Human Services) Countywide (TKF)
4. Staff recommends
motion to approve: Contract
for Consulting/Professional Services
with Invo Healthcare Associates, Inc. for the period of December 15,
2009, through September 30, 2010, in an amount of $5,000, for speech and
language services to Head Start children. Summary:
Invo Healthcare Associates, Inc. will provide speech/language therapy by
appropriate licensed therapists to Head Start children. The provider is
required to bill Medicaid for evaluations and services for children who are
Medicaid eligible. Funding consist of $4,000
(80%) in Federal funds and $1,000 (20%) in County funds. (Head Start) Countywide
(TKF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends motion
to approve: Head Start
Contracted Services Expansion
Agreement with Community Child Care Center of Delray Beach, Inc. d/b/a
Achievement Centers for Children & Families, for the period of October 1,
2009, through September 30, 2010, in an amount of $188,699, for services to
Head Start children and families. Summary:
Head Start has received monies through the American Recovery and
Reinvestment Act (ARRA) Head Start Expansion Grant (R2009-2014). These monies will be used to provide Head
Start services to children 3 and 4 years old. Community Child Care Center of
Delray Beach, Inc. will provide
services to 37 children for 208 days at a rate of $22.57 per child/per day,
equaling $173,699, with an additional $15,000 for start-up expenses. Funding
consists of $153,959 in Federal funds and $34,740 in County required match
funding. (Head Start) Countywide (TKF)
6. Staff recommends
motion to approve:
A) Collaborative Partnership Agreement with the
Area Agency on Aging Palm Beach/Treasure Coast, Inc. (AAA) effective November
1, 2009, with no expiration date to provide volunteers for in-home respite
services; and
B) Budget Transfer of $80,000 in the DOSS
Administration Fund.
Summary: The purpose of this collaborative partnership is to recruit, train, and
place volunteers, age 50 and older, for
in-home respite services to frail seniors and their caregivers. AAA will
provide in-kind services such as recruiting and training for volunteers who
will provide
quality in-home respite care to underserved seniors enabling them to
remain self-sufficient in the community.
The volunteers will work approximately 20 hours per week and will be
paid a stipend of $100 per month to assist with personal expenses including
transportation costs, and meals. This program will provide a cost-effective,
innovative approach to serve more individuals with the same amount of
funds. The additional individuals to be
served are frail elders who would otherwise be on a wait list for
services. The funds to be applied to
this program are being transferred from a budget established to pay private
vendors to perform the in-home services. Trained volunteers can provide the
same services at a greatly reduced cost. (DOSS) Countywide (TKF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: eight
(8) original Agreements for the Department of Airports:
A) Hangar Lease Agreement with Aero Lease of
South Florida, Inc., Unit 9, Building 11300, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on October 9, 2009 (AH);
B)
Hangar Lease Agreement with
Blue Eagle Air, LLC, Unit 11, Building 11300, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on October 1, 2009 (AH);
C)
Hangar Lease Agreement with
James Gray, Unit 20, Building 11300, at North County General Aviation Airport
for one (1) year, automatically renewed at one (1) year intervals, commencing
on November 1, 2009 (AH);
D)
Hangar Lease Agreement with
R. J. Mehnert, Unit 14, Building 11720, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on October 1, 2009 (AH);
E)
Agreement to Terminate
Hangar Lease Agreement with Paul Boritzer, Unit 7, Building 11730 at North
County Airport, terminating R2007-1293 on October 31, 2009 (AH);
F)
Agreement to Terminate
Hangar Lease Agreement with Wilson and Wilson International, LLC, Unit 14,
Building 11230 at North County Airport, terminating R2005-0939 on November 30,
2009 (AH);
G)
General
Aeronautical Services Agreement with Baggage Airline Guest Services, Inc.,
commencing November 16, 2009, terminating September 30, 2010, automatically
extended on a year-to-year basis (10/1 through 9/30) (AH); and
H)
Consent to Sublease for 1st
Amendment to the Sublease Agreement (R2007-0639) between United Air Lines, Inc.
and Spirit Airlines, Inc., approved November 12, 2009 (JB).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R93-801, R94-1453,
R2004-1367 and R2008-1845. Countywide
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve:
JOC Work Order No. 10-023 with Holt Contractors, Inc., (R2007-0947) in the amount
of $295,960.41 to provide modifications to the third floor of the Palm Beach
County Sheriff’s Office (PBSO) Administration Building. SUMMARY: The work consists of interior modifications
to existing space to accommodate a new command center, conference room, and
Department of Homeland Security (DHS) secure room built to DHS
specifications. The work will include
new walls and doors, electrical modifications, new flooring, painting, sound
proofing, recessed ceilings, card access, and fire sprinkler modifications/relocation
to accommodate the proposed design.
Project is being funded 100% by PBSO.
The Small Business Enterprise (SBE) goal is 15%. The SBE participation in this Work Order is
100%. When the participation for this
Work Order is added to Holt=s total participation-to-date, the
resulting values are 100%. The total
construction duration is 120 days. Holt
Contractors, Inc. is a Palm Beach County company. (FD&O
Admin) Countywide/District 2 (JM)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
an annual Contract with Knight Electric
Co., 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, each for a not-to-exceed amount of $1,000,000
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. Knight Electric Co., 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)
3. Staff recommends
motion to approve:
Change Order No. 7 to the Contract
(R2007-1217) with Catalfumo Construction, Ltd., decreasing the Guaranteed
Maximum Price (GMP) for Palm Tran’s West Palm Beach Intermodal Transit Facility
by $250,312.77. SUMMARY: The
new Intermodal Transfer System was completed and opened to the public in May
2009. There is $250,312.77 remaining in
the contract contingency that will be returned to Palm Tran. Change Order No. 7 accomplishes that
reduction. The Small Business Enterprise
(SBE) participation goal is 15% and the final SBE participation is 17.78%. The unused funds from this project will be
released from encumbrance and reallocated to the Palm Tran Grant Fund for use
on other projects. (Capital Improvements
Division) Countywide (JM)
4. Staff recommends
motion to approve:
Amendment No. 5 to the contract with Catalfumo Construction Ltd. (R2007-1217)
in the amount of $236,638.81 for construction management services for the 2300
Building air conditioning improvements. SUMMARY: Amendment No. 5 will
provide for a Guaranteed Maximum Price (GMP) to furnish and install four (4)
ductless mini split air conditioning systems for supplemental cooling for the
security control room and two computer rooms and adding a Variable Air Volume (VAV)
unit for a multi-media room to provide off-hours air conditioning that is
independent of the building’s cooling system when it is in the weekend or
evening modes. This condition was only
discovered well after the building was occupied. The original construction contract with Catalfumo
has been closed out necessitating the work be done under this annual agreement.
Project funding is from the Public
Building impact Fees, Public Building Improvement Fund and 94.3M NAV ‘03 Bond.
Catalfumo is a local firm using all Palm Beach County subcontractors. The Small
Business Enterprise (SBE) goal for this project is 15%. Catalfumo Construction will be providing 63%
SBE participation in this Amendment. The
duration of this work is 90 calendar days. (Capital Improvements Division) District
2 (JM)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: a Second Amendment to the Interlocal Agreement (R2001-2103) with
the Town of Highland Beach (Town) for direct access to the County’s 800MHz
radio system. SUMMARY: The Agreement which provides the terms and
conditions under which the Town can directly access the County’s 800MHz radio
system expired on December 4, 2009. The Agreement
provides for two (2) – four (4) year renewals but renewals require approval by
both parties. The Town has approved a
renewal to extend the term of the Agreement until December 3, 2013 and
exercises the last of the renewal options.
The 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)
6. Staff recommends
motion to approve: a Declaration of Easement in favor of the Palm Beach
County Water Utilities Department for a water main servicing Fire Rescue
Station No. 21 in Loxahatchee Groves. SUMMARY: The Palm Beach County Water Utilities
Department installed an underground water main and a fire hydrant at Fire
Rescue Station No. 21, located at 14200 Okeechobee Boulevard, between Royal
Palm Beach Boulevard and Seminole Pratt-Whitney Road in the Town of Loxahatchee
Groves. An Easement is needed to protect
the constructed water main. Except for
an above-ground fire hydrant, all improvements associated with this Easement
are located underground. The Easement
area is approximately 225.79 feet long and 20 feet wide and contains 4,375
square feet (0.10 acres) and is located in the northeastern portion of the
site. The Declaration of Easement will
be recorded to provide notice of the existence and location of the water line. (PREM)
District 6 (HJF)
7. Staff recommends
motion to approve: an Interlocal Agreement with the City of Pahokee
(City) to provide fuel management services. SUMMARY: This Agreement establishes a mechanism by
which the County will provide fuel management services to the City, and
establishes the billing structure and procedures for the annual update of
fees. The County does not require any additional
staffing and/or equipment to implement this Agreement, and as such, this
Agreement will result in increased revenues to Fleet Management. The term of
the Agreement is five (5) years with one (1) – five (5) year renewal
option. The Agreement may be terminated by
either party for any reason with notice. (FDO Admin) District 6 (JM)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to:
A) approve an Agreement for Purchase and Sale (Agreement) with Midway Foundation, Inc. (Midway), a Florida corporation, to acquire 2.53 acres of vacant land in the City of Pahokee (City) for $134,090; and
B) accept a Memorandum of Agreement to be recorded in the public records to provide notice of this Agreement.
SUMMARY: This Agreement is
for the County's purchase of 2.53 acres of vacant land located on South Lake
Avenue in Pahokee. The property will be used for the construction of Fire
Rescue Station No. 72 which will replace the fire station currently being
leased from the City. Staff's preliminary due
diligence review of the property supports the proposed fire station use. An
extensive review of the site will be completed during the inspection
period. Staff obtained an
appraisal which valued the property at $139,150 ($55,000/acre); however, Staff
was able to negotiate a purchase price of $134,090 ($53,000/acre). This
Agreement requires Midway to grant a drainage and a utility easement to the
County across a portion of Midway's adjacent property either at closing or post
closing, if needed. The Agreement contains a forty-five (45) day inspection
period to complete further due diligence.
The County's obligation to close is contingent upon the County obtaining
all required development approvals within 180 days. In the event development
approvals are not obtained during this period of time, the County has the right
to terminate the Agreement. (PREM) District
6 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. 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 (6) month London Interbank Offered Rate 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)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: an Agreement with Housing Partnership,
Inc. in the amount of $144,863 in Federal HOME funds to provide homeownership
opportunities for very-low and low income families from November 17, 2009,
through July 31, 2010. SUMMARY: Approval
of this agenda item will reserve funding for Housing Partnership, Inc., a
Community Housing Development Organization (CHDO), to continue providing
homeownership opportunities for lower income families. The allocation of funds
being reserved, represent the remaining balance of Housing Partnership’s
previous allocation approved by the Board of County Commissioners on October
16, 2007 (R2007-1819) and as amended on July 22, 2008 (R2008-1312). Approval of
this agenda item will permit Housing Partnership, Inc. to utilize the
remaining balance of their CHDO set-aside funding to provide additional
homeownership opportunities to very low and low-income first-time homebuyers. This Agreement provides Federal HOME
funds whose local matching requirements are achieved through Local Housing Finance
Authority. Countywide (TKF)
3. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2009-0209) with Seagull Industries for the Disabled, Inc. (Seagull), to modify the project scope and to extend the expiration date from December 31, 2009, through October 31, 2010. SUMMARY: The County entered into an Agreement with Seagull on February 3, 2009 (R2009-0209), allocating $150,000 in Community Development Block Grant funds for renovation of their facility. Since execution of the original Agreement which anticipated renovation work to be done on their staff offices, Seagull has advised that they would rather use the $150,000 allocated to them for the renovation of the areas of their building used by their clients and the public. This Amendment modifies the scope of the project accordingly. The facility is located at 3879 West Industrial Way in Riviera Beach. The time extension will enable the modified scope of work to be implemented. These are Federal Community Development Block Grant funds that require no local match. District 1 (TKF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion
to receive and file: seven (7)
original documents for the Department of Environmental Resources Management:
A) First Amendment to Grant Agreement (R2009-0114) (January 13, 2009) with
Metropolitan Planning Organization (MPO) to extend the completion date for the
countywide water taxi transit facilities at its Juno Dunes Public Use Facility
to December 31, 2009;
B) Second Amendment to Grant Agreement (R2009-0114) (January 13, 2009) with
Metropolitan Planning Organization (MPO) states that the water taxi transit
facilities will be open and in use by March 31, 2011. All invoices for
reimbursement of work completed shall be submitted to the MPO on or before
December 31, 2010;
C) First Amendment to Grant Agreement (R2008-1507) (September 9, 2008) with
MPO for additional time to complete the constructions and installation of a
water taxi docking facility at the Snook Island Dock;
D) First Amendment extends the Interlocal
Agreement (R2005-2074) (October 18, 2005) for Dune Restoration with the Town of
Lantana upon coastal property owned by the Town of Lantana through May 1, 2011;
E) Murphy Construction Company Purchase Order for South Cove Turbidity Pilings Project Number 2009ERM06;
F) Acceptance of a Purchase Order from US Department of Interior for invasive plant control at Jupiter Inlet Lighthouse Outstanding Natural Area; and
G) Amendment Number 2 to the Contract with
Loggerhead Marinelife Center, Inc. for Professional Services to extend the time
period from October 1, 2009, through November 30, 2009 for daily nesting sea
turtle surveys.
SUMMARY: This is a Receive and File item for the Clerk’s Office to note and receive delegated authority items according to County Policy and Procedure PPM No. CW-O-051. Countywide (SF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve:
A) Amendment No. 3 to Grant Agreement No. 06PB2 with the Florida Department of Environmental Protection (FDEP) for increased cost-sharing on the Singer Island Shore Protection Project up to a revised grant amount from $7,285,395 to $9,535,395 and extends the agreement to June 1, 2012; and
B) Budget Amendment of $2,250,000 to recognize the revenue increase in the Beach Improvement Fund.
SUMMARY: The Florida Legislature authorized funding through the FDEP to provide assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. DEP Grant Agreement No. 06PB2 was executed by the BCC on January 9, 2007 (R2007-0046) for cost share of the design and permitting of the Singer Island Erosion Shore Protection Project (up to $270,431). Amendment No. 1, executed on May 13, 2008, extended the Agreement until June 1, 2010. Amendment No. 2, executed on December 2, 2008, authorized FDEP to reimburse the County an additional $7,014,964 for design, permitting, construction and monitoring costs on the Singer Island Shore Protection Project. Amendment No. 3 authorizes FDEP to reimburse the County an additional $2,250,000 (up to $9,535,395) for design, permitting, construction and monitoring costs on the Singer Island Erosion Control Project and extends the Agreement expiration date through June 1, 2012. Local matching funds of $3,382,745 (60.055%) are required for Amendment No. 3, of which the County’s share is funded from a combination of tourist development tax, interest, and FEMA reimbursements (a non-ad valorem source). The City of Riviera Beach has executed an Interlocal Agreement for 20% of eligible project costs. Grant reimbursement is retroactive to January 1, 2005. District 1 (SF)
3. Staff recommends motion to:
A) approve a Contract (S0485) with the Florida Department of Environmental Protection (FDEP) for the County to perform contamination cleanup activities in accordance with the Petroleum Contamination Site Cleanup Program (PCSCP) effective upon execution until June 30, 2015; and
B) authorize the County Administrator, or his designee, to sign all future task assignments, change orders to task assignments, settlement agreements, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
SUMMARY: On June 19, 2001, the BCC approved a contract (R2001-941) with FDEP authorizing the County to perform PCSCP activities in Palm Beach County on behalf of the State. The existing contract expires on December 31, 2009. Under Contract S0485, the County, through the Department of Environmental Resources Management, will continue administering the PCSCP upon execution or January 1, 2010 (whichever date is later) through June 30, 2015. On an annual or semi-annual basis, the FDEP will issue task assignments to the County for specific job tasks necessary to carry out cleanup services at the local level. Countywide (SF)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to:
A) receive and file a Grant from the Florida Department of Law
Enforcement (FDLE) for the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program: State Solicitation for Palm Beach Community College (PBCC), Criminal
Justice Institute, firing range training improvements (R2009-1315);
B) approve an
Interlocal Agreement with PBCC for $5,910 to purchase equipment for their
Firing Range Enhancement Project from October 1, 2009, to September 30, 2010;
and
C) approve a Budget Amendment of $5,910 in the General
Fund to establish budget for the project.
SUMMARY:
The Criminal Justice
Institute at PBCC is the certified training center for Region XII which
encompasses all of Palm Beach County. Presently, the college is constructing a
new 24 target indoor shooting range to service their basic recruit training
programs as well as their advanced and specialized training programs offered to
all Palm Beach County Law Enforcement agencies.
The grant application was executed by the Board of County Commissioners
on August 18, 2009 as Resolution R2009-1315. There is no match requirement for
JAG funds. Countywide (DW)
2. Staff recommends
motion to:
A)
receive and file a Recovery
Act Edward Byrne Memorial Justice Assistance Grant of $400,000 for the West
Palm Beach Community Justice Service Center;
B)
approve a Contract with the Professional Training
Association Corporation, Inc. (PTA), a not-for-profit agency, for an amount not
to exceed $33,000 for the period of October 1, 2009, through September 30, 2010,
for the provision of substance abuse treatment services;
C) approve a Contract with the Comprehensive Alcoholism
Rehabilitation Program, Inc. (CARP), a not-for-profit agency, for an amount not
to exceed $25,000 for the period of October 1, 2009, through September 30,
2010, for the provision of substance abuse treatment services;
D) approve a Contract with the Drug Abuse Foundation, Inc.
(DAF), a not-for-profit agency, for an amount not to exceed $125,000 for the
period of October 1, 2009, through September 30, 2010, for the provision of
substance abuse treatment services;
E) approve a Budget Transfer of $40,000 in the Drug Abuse
Trust Fund (DATF) from reserves to transfers; and
F) approve a Budget Amendment of $40,000 in the General Fund
to supplement funding for the program.
SUMMARY:
The
Criminal Justice Commission is requesting the use of a total not to exceed $96,000
from the federal FY ‘09 Edward Byrne Memorial Justice Assistance Grant (JAG),
and $87,000 from the DATF to be used to pay for contracted substance abuse treatment
referrals from the Community Justice Service Centers (previously known as
Community Court). Services will be provided by PTA, CARP and DAF for both
Community Justice Service Center (CJSC) sites. The CJSC is a court and jail
diversion program. The grant
application was executed by the Board of County Commissioners on June 2, 2009
as Resolution R2009-0938. There is no match requirement for JAG funds. Countywide (DW)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
3. Staff recommends
motion to:
A)
receive and file a Recovery
Act Edward Byrne Memorial Justice Assistance Grant of $180,000 for the Community
Based Anti-Crime Task Force (COMBAT)
Program;
B) approve the Eleventh Amendment to the Agreement (R99-2416D; dated December 21, 1999) with the Office of the State Attorney for the COMBAT Unit to extend the agreement from October 1, 2009, through September 30, 2010, and provide FY 2010 funding of $240,000 ($180,000 from Edward Byrne Memorial Justice Assistance Grant (JAG) funds and $60,000 from the 07/11 JAG Local Law Enforcement Block Grant); and
C) approve a Budget Transfer of $60,000 in the Local Law Enforcement Block
Grant – American Recovery and Reinvestment Act Fund from operating reserves to
establish funding for this program.
SUMMARY:
An Amendment to the agreement with the State Attorney’s Office is
required for legal services in order to continue to assign four (4) prosecutors
to the COMBAT Unit serving three (3) County Weed and Seed areas and for the
Youth Violence Prevention and Gang Initiative. The
grant application was executed by the Board of County Commissioners on June 2,
2009 as Resolution R2009-0935. There is
no match requirement for JAG funds. Countywide
(DW)
S. FIRE
RESCUE
1. Staff recommends
motion to approve: an Emergency Services Agreement for Mutual
Assistance, Automatic Aid, and Dispatch Services with the City of Riviera
Beach. SUMMARY: In an effort to enhance the provision of fire-rescue
services, the Board of County Commissioners authorized the Fire Rescue
Department to provide countywide communications services effective June 1,
2005. This Agreement provides for
contractual commitment for dispatch services to the City of Riviera Beach
(City) as part of the Countywide Common Dispatch Program along with providing
the mechanism for implementing mutual assistance/automatic aid (closest unit
response). This Agreement further authorizes the parties’ respective Fire
Chiefs to enter into Letter(s) of Understanding to develop automatic
aid/closest unit response plans and procedures. This Agreement takes effect
upon execution and expires September 30, 2019. Upon execution, this Agreement
shall terminate the existing Emergency Services Agreement for Mutual Assistance
and Automatic Aid between the parties (R2009-1534). Countywide
(SB)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to:
A) approve Amendment No. 8 to extend the term of the
contract with Metatomix, Inc. (R2004-2414) for Phase II for one (1) year to December
31, 2010 at no additional cost; and
B) receive and file Task Orders No. 7 paid by the Sheriff’s
Office to Metatomix for professional services in the amount of $13,500 to port
the Law Enforcement Exchange (LEX) System to a new hardware environment and
Task Order No. 8 in the amount of $61,620 for annual software maintenance.
SUMMARY: Palm Beach County ISS and Metatomix, Inc., a Massachusetts company, have been working to complete Phase II of the Visual Planning Technologies/LEX Project to integrate disparate law enforcement information systems in order to enable the sharing of crime-related information among the agencies. This phase includes establishing a production environment, connecting additional Palm Beach County law enforcement agencies, programming additional application functionality, completing items from Phase I and providing resources as required for completing the work. Additional Phase II work to connect to other law enforcement data sources and/or integration with other systems are to be detailed as required and authorized via Task Orders under this contract. The contract extension is necessary to coordinate between the various agencies to accomplish work identified in Change Order No. 2. In addition, Task Order No. 7 ($13,500) for Metatomix services paid by the Sheriff’s Office, and Task Order No. 8 ($61,620) for software maintenance were less than $100,000 and authorized by the Director of ISS. Countywide (PK)
X. PUBLIC
SAFETY
1. DELETED
2. Staff recommends motion to receive and file: an executed Contract with Palm Beach Medical Society Services to provide $50,000 from September 22, 2009, through May 31, 2011 to provide 900 Anti-viral Treatment Unit Courses and related equipment as approved by the Urban Area Security Initiative (UASI) grant. SUMMARY: The County was awarded $451,337 from the US Department of Homeland Security 2008 Grant through the Fort Lauderdale UASI. Two (2) projects totaling $100,000 were awarded to the Palm Beach Medical Services Society as part of the total 2008 UASI Grant funding. This Contract provides the mechanism to establish the grant award for $50,000 associated with the first of the two (2) projects to Palm Beach Medical Society Services. Resolution R2006-2669 approved by the Board of County Commissioners on December 05, 2006 authorized the County Administrator or his designee to execute standard UASI sub-grant agreements with various governmental and private agencies on behalf of the Board of County Commissioners. No County match is required. Countywide (GB)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY (Cont’d)
3. Staff recommends
motion to:
A) receive and file the
executed grant Contract with State of Florida, Department of Health (DOH) to
receive $40,470 for therapy services to victims in the County for the period of
October 1, 2009, to September 30, 2012; and
B) approve a Budget Amendment of $13,490 in the General
Fund to establish grant budget.
SUMMARY: This State
grant will reimburse Palm Beach County Division of Victim Services for therapy
services provided to sexual assault victims over the age of 12 years in the
County. Funds will be used to supplement its operations budget. Resolution R2007-0333 authorizes the County Administrator or his designee to
execute certain DOH grant agreements on behalf of the County. No cash match is required by the
grant. Countywide (GB)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office an Agreement with the Area Agency on Aging Palm Beach/Treasure Coast,
Inc., in the amount of $10,200, for the Elderly Abuse Training Project
FY 2010 for the period of October 1, 2009, to September 30, 2010; and
B) approve a Budget Amendment of $10,200 in the
Sheriff’s Grant Fund.
SUMMARY: The Area
Agency on Aging Palm Beach/Treasure Coast, Inc. received an award from
the United States Department of Justice, Office on Violence Against Women to
create a universal, coordinated, countywide response through enhanced training
and strengthened partnerships to address violence and abuse against women in
later life. The Palm Beach County Sheriff’s Office and the Area on Aging Palm Beach County/Treasure
Coast, Inc. entered into an agreement to create a local community-based
program developed to assist law enforcement, prosecutors, investigators, and
judges in recognizing, addressing, investigating, and prosecuting instances of
elder abuse, neglect, and exploitation of women who are 50 years of age or
older. Under this Agreement, the Palm
Beach County Sheriff’s Office will receive quarterly payments in the amount of
$2,550 for training costs associated with the program. There is no match
requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice extending the National Institute of Justice
(NIJ) “Solving Cold Cases with DNA Program”
FY 2007 Grant from June 30, 2009, to June 30, 2010. SUMMARY: The Board of County
Commissioners accepted this grant for $176,235 on November 20, 2007; the original period for this grant was January 1,
2008, through June 30, 2009 (R2007-2111). This agenda item will extend the
grant period from June 30, 2009, to June
30, 2010. The Palm Beach County
Sheriff’s Office (PBSO) received this award for the Solving Cold Cases with DNA Program. The objective of this grant
is to combine the efforts of the PBSO Special Investigations Bureau, Crimes
Against Children/Sexual Assault Unit with the Violent Crimes Bureau in conjunction
with the experience of the Serology/DNA Section of the Crime Laboratory to
solve Cold Cases. These funds, which
have been approved by NIJ, will be used to pay overtime, consulting fees and for the purchase of laboratory
supplies. There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
DECEMBER 15, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office an Agreement with the Port of Palm Beach District for
reimbursement of infrastructure protection activities, in the amount of
$510,602, associated with the Port of Palm Beach District’s Vessel –
Prevention/Detection Project for the period of October 22, 2009, to May 31,
2012; and
B) approve a Budget Amendment of $510,602 in the
Sheriff’s Grant Fund.
SUMMARY: The Port
of Palm Beach District received an award from the United States
Department of Homeland Security FY2009 Port Security Grant to continue funding
the Port of Palm Beach District’s
(PORT) Vessels – Prevention/Detection Project. On October 22, 2009 the
Palm Beach County Sheriff’s Office and the PORT entered into an agreement to expend the Port Security Grant
Program funding in providing security service to the PORT. The objective of the project is to create a sustainable, risk-based effort for
the protection of critical port infrastructure from terrorism, especially
explosives and non-conventional threats that would cause major disruption to
commerce and significant loss of life. Under this agreement, the Palm Beach
County Sheriff’s Office will receive $510,602 in reimbursable funds for capital
expenses associated with the project. There is no match requirement associated
with this award. No additional
positions are needed and no County funds are required. Countywide
(DW)
4. Staff recommends
motion to approve: the return of $19,296 in unexpended Drug
Control/Money Laundering Investigation grant funds and accrued interest to the
Florida Department of Law Enforcement. SUMMARY: On June 3, 2003, the Palm Beach County
Sheriff’s Office (PBSO) was awarded a FY03 Drug Control/Money Laundering
Investigation grant by the Florida Department of Law Enforcement (FDLE),
Violent Crime & Drug Control Council, for the period of April 2, 2003
through the completion of the investigation. PBSO concluded its investigation
due to operational issues. FDLE
disbursed funding in advance and requires the return of unexpended grant funds
at the end of the grant period. Countywide (DW)
5. Staff recommends
motion to:
A) accept
on behalf of the Palm Beach County Sheriff’s Office a National Institute of
Justice FY 2009 Forensic DNA Unit Efficiency Improvement
Program Grant in the amount of $519,544 for the period October 1, 2009, through
March 31, 2011; and
B) approve a Budget Amendment of $519,544 in the
Sheriff’s Grant Fund.
SUMMARY: On September 23,
2009, the Palm Beach County Sheriff’s Office (PBSO) received an award for the Forensic DNA Unit Efficiency Improvement
Program.
These funds will be used to for an evidence screening laboratory to
improve the capacity and efficiency of the Forensic Biology Unit (FBU) of
PBSO. The screening laboratory will be
developed through renovation of existing space in the Boca Raton Police Services
Department in which trained Laboratory Analyst will screen and process crime
scene items before submission to the FBU. The Boca Raton Police Services
Department will provide the required 25% match requirement associated with this award. No
additional positions are needed and no additional County funds are required Countywide
(DW)
* * * * * * * * * * * *
DECEMBER 15, 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 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)
B. Staff recommends
motion to adopt: 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)
C. Staff recommends
motion to adopt: 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)
DECEMBER 15, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
D. Staff recommends
motion to adopt: 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)
E. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending
the 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:
On December 1, 2009, the Board approved this Amendment on preliminary reading
to advertise for public hearing. The 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 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 (“FAA”)
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)
* * * * * * * * * * * *
DECEMBER 15, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) waiver of the competitive solicitation process for professional
services, upon recommendation of the County Administrator, based on Kathleen
Owens’ expertise and familiarity with fire-rescue level of service and
communication/dispatch system issues in Palm Beach County; and
B) a Consulting/Professional
Services Agreement with Kathleen Owens relating to implementing a fire-rescue
level of service and common communication/dispatch system. This Agreement is
for 12 months commencing January 1, 2010, with the
option of one (1) yearly renewal/extension, in an amount not to exceed
$8,000.
SUMMARY: The Fire
Rescue Level of Service Committee has made significant progress, but there are
still several tasks that have not yet been completed. Key among these issues is the analyzing
emergency response time data and monitoring compliance with adopted policies
and procedures. The Fire Rescue Level of
Service Committee is recommending Ms. Owens’ Agreement to assist with the
finalization of these final important tasks. Ms. Owens has an expertise and
familiarity with fire-rescue level of service and communication/dispatch system
issues in Palm Beach County and has assisted the Fire Rescue Level of Service
Committee since its inception. Due to
Ms. Owens’ expertise and familiarity with the issues, the County Administrator
is recommending that the competitive selection process for professional
services be waived, as authorized by Section 2-54(h) of the Palm Beach County
Purchasing Code. Countywide (SB)
2. Staff recommends
motion to approve: the
creation of a one (1) time-limited Economic Development (Energy) Specialist
position (pay grade 35) within the Office of Economic Development (EDO) to
terminate upon the exhaustion of Federal Energy Grant Funds appropriated
through the American Reinvestment and Recovery Act (ARRA) of 2009. SUMMARY:
The one (1) time-limited Economic Development (Energy) Specialist
position will be required to assist in the technical and administrative work
connected with the formula-based award totaling $6,587,600 granted to Palm
Beach County as a result of Federal funds appropriated under the Department of
Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program. This position will terminate upon the
exhaustion of Federal funds appropriated under the Department of Energy on
August 30, 2012. The specific tasks to
be undertaken by the Economic Development (Energy) Specialist under this grant
and any other subsequent grants received include: ensuring that businesses and
governmental entities receiving Department of Energy assistance through Palm
Beach County comply with all federal and county requirements and
guidelines; tracking number of jobs created/retained; preparing and
monitoring of contracts; review of invoices; measuring energy savings; tracking
of expenditures for eligible items; implementing multimedia educational program
for public outreach; and identifying future funding and grant opportunities to
continue the energy efficiency and conservation activities. An amount
totaling $437,600 was budgeted under the EECBG award to cover three (3) years
of program administration, inclusive of salaries, benefits and related costs
associated with the position. These are Federal funds that require no local
match. Countywide (DW)
DECEMBER 15, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
3. Staff recommends motion to:
A) adopt a
Resolution supporting Signature HealthCARE, LLC. (Signature) for Florida=s Qualified Target Industry (QTI) Tax Refund
Program;
B) approve the Job
Growth Incentive (JGI) Grant Agreement, as the required 20% QTI local match,
with Signature in the amount of $30,000 for the creation of 50 jobs with an
average salary including benefits of $49,946 and retention of 96 existing jobs
in Palm Beach County;
C) approve a Budget Transfer of $30,000 from the
General Fund Contingency Reserve to the Economic Development Job Growth
Incentive Fund (JGI); and
D) approve a Budget Amendment of $30,000 to the
Economic Development Office fund to recognize and appropriate the transfer of
funds from the General Fund Contingency Reserve.
SUMMARY: Signature’s
headquarters in Palm Beach Gardens is the base for the executive leadership and
functional departments that support 66 skilled nursing facilities providing
long-term care nursing services throughout the southeastern United States. The
JGI Agreement requires the company to create 50 new jobs by December 31, 2013,
with an average salary of $49,946 including benefits; and maintain the 50 new
jobs and 96 existing jobs through December 31, 2015. The JGI grant is
recommended at $600 per job created or $30,000. Signature’s investment in our
local economy is expected to produce total economic impacts from direct,
indirect and induced dollars as follows: $51 million in output, $13 million in
wages, and $1.3 million in taxes. Under
the QTI Tax Refund program application with Enterprise Florida, it is anticipated
that the State will award up to $150,000. The QTI requires a 20% local match or
$30,000. The 20% match will be achieved
using the JGI grant. Funds are not allocated in the current budget for JGI. The
BCC directed Staff to bring qualified companies to the BCC for
consideration. Florida is competing with
Kentucky and Tennessee for Signature headquarter expansion. Signature’s expansion involves an approximate
$9.9 million land/building purchase. District
1 (DW)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, amending
Resolution No. R2009-0472; approving revisions to the Investment Policy for
Surplus County Funds; and providing for an effective date. SUMMARY: On October 29, 2009, the
Investment Policy Committee recommended several revisions to the County’s
Investment Policy for consistency within the Policy. Those revisions include: investments in
bankers’ acceptances are limited to 15% of the market value of the total
portfolio at the time of purchase; investments in commercial paper are limited
to 15% of the market value of the total portfolio, with no more than 2% of that
market value invested with any single issuer; investments in all corporate
securities are limited to 20% of the market value (excluding commercial paper)
of the total investment portfolio at the time of purchase; loaned securities
must be collateralized at all times by cash with a value of at least 102% of the
market value of the securities loaned; investments in collateralized mortgage
obligations (CMOs) are limited to 20% of the market value of the total
portfolio; and CMOs issued by either the Federal Home Loan Mortgage Corporation
or the Federal National Mortgage Association are further limited to a combined
maximum of 10% of the market value of the total portfolio at the time of
purchase. At a later special meeting, the Investment Policy Committee
recommended that Section VI, A12 of the Investment Policy should be revised to
extend the maximum maturity of eligible State of Israel securities from two (2)
years to three (3) years. Countywide (PFK)
DECEMBER 15, 2009
5. REGULAR
AGENDA
C. FIRE RESCUE
1. Staff recommends motion to approve: a First Amendment to Interlocal Agreement for Fire Protection and Emergency Medical Services with the Town of South Palm Beach. This First Amendment shall take effect on October 1, 2010. SUMMARY: The County currently provides fire protection and emergency medical services to the Town of South Palm Beach (Town) through an Interlocal Agreement (R2004-0363), at a rate established by the Agreement. On October 27, 2009, the Town adopted an Ordinance to include the Town within the County’s Fire/Rescue MSTU (Municipal Service Taxing Unit) as a method to receive and pay for fire-rescue services from the County for a ten (10) year period commencing October 1, 2010, subject to the Board’s approval of an Ordinance accepting the Town (which Ordinance is also before the Board for consideration at this same meeting). This First Amendment reflects the Town’s participation in the Fire/Rescue MSTU and shall become a part of the Interlocal Agreement. Countywide (SB)
D. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: a waiver to exceed the $10,000 per home limit for lead-based paint related costs by authorizing $5,047.11 in additional funds for Thomas Hankerson, of Belle Glade, under the Residential Rehabilitation Program. SUMMARY: On November 6, 2007, the Board of County Commissioners (BCC) authorized the expenditure of up to $10,000 per home for lead-based paint related costs in connection with the rehabilitation of homes undertaken under the Residential Rehabilitation Program. An inspection of Mr. Hankerson’s home has revealed the presence of lead-based paint. Bids have been received for the rehabilitation of this applicant’s home and for the removal of lead-based paint hazards. The rehabilitation costs are within the $35,000 applicable limit allowed under the policies for the Residential Rehabilitation Program. However, the costs related to the removal of lead-based paint hazards totaling $15,047.11, have exceeded the BCC authorized $10,000 limit. A waiver to applicable policies authorizing an additional $5,047.11 is necessary in order to enable the implementation of this project. These are Federal Community Development Block Grant funds that require no local match. District 6 (TKF)
E. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff requests
Board direction: on 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)
District. SUMMARY: On November 17,
2009, the Board requested that County Staff schedule the recommended draft of
the completed RFP for review prior to advertisement. The draft RFP has been
circulated to all partners and County Staff has incorporated comments made. The
three (3) areas that County staff believes the Board should focus its attention
on are: 1) the incorporation of a requirement for workforce and/or affordable
housing, 2) the scope of the Financial Feasibility and Market Approach Analysis
included in the Phase 1 submittal; and 3) the weighting of selection criteria
in both RFP phases. If the RFP is approved for advertisement, the RFP would be
advertised on January 10th and 17th, 2010. (Admin) Countywide (HJF)
DECEMBER 15, 2009
5. REGULAR
AGENDA
E. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff requests
Board direction: regarding a Request from Shiraz, Inc. (Shiraz), the
operator of the Airport Center Hilton Hotel (Hotel) (R92-471), for an extension
of the time-frame in which to complete an expansion of the Hotel’s meeting room
facilities. SUMMARY: The County owns approximately 36 acres at the intersection
of Australian Avenue and Southern Boulevard, known as Airport Centre. There are two (2) County office buildings and
the Hilton Hotel on the property. The County leases the land underlying the
Hilton Hotel to Shiraz pursuant to a Lease Agreement approved by the Board
March 1992 (R92-471). The term of the
Lease extends until 2035, with an additional 15 years of extension
options. In total, the Lease could be
extended until 2050. As part of a settlement of the condemnation case filed by
the Florida Department of Transportation over the right-of-way taking for
Southern Boulevard, and apportionment of the $2,135,000 condemnation award, the
County entered into Amendments to the Lease (R2006-0273 and R2007-1313)
pursuant to which the County sold Shiraz the former records storage building at
a $300,000 discount and agreed to extend Shiraz’s Lease for five (5) years upon
the condition that Shiraz complete construction of an expansion of the meeting
facilities at the Hotel by December 13, 2009.
Due to various changes in Unified Land Development Code (ULDC)
requirements since the Hotel was built, and zoning conditions imposed upon the
County’s renovation/development of the office buildings, Shiraz was forced to
seek more complicated development approvals for its expansion than were
required for the original construction of the Hotel. As a result of this more
complicated process, which Shiraz claims is inconsistent with a representation
in the Lease regarding zoning, Shiraz is seeking an 18 month extension of the
time-frame in which to complete its improvements. Based upon the 18 month
time-frame for construction of the improvements requested by Shiraz and the
time which Shiraz first started its efforts on the expansion in July of 2008,
it is Staff’s opinion that Shiraz would not have been able to meet the deadline
for completion of construction even without any delay. While Shiraz is arguably due some extension
of time, the question is how much? Staff
believes that six (6) months is a reasonable amount of time as a result of the
County’s actions associated with the ULDC changes and prior development
approvals. However, a six (6) month extension will not accomplish Shiraz’s
objective of obtaining the five (5) year Lease extension. There is a long
history of Shiraz seeking further extensions of its Lease in exchange for
anything that the County has asked of Shiraz, and Staff does not recommend
giving Shiraz more than a six (6) month extension without some compensation. Shiraz has also inquired as to whether the
County would be interested in selling the County’s interest in the entire
Airport Center Complex. The County has a
long-term need for the existing buildings and future office space, and Staff is
proposing to assign the County’s Lease of the Hotel to the Department of
Airports in exchange for Airport property on Gun Club Road which is needed for
PBSO expansion. As such, Staff does not support a sale of the property. Further, Staff would recommend that any
proposed sale utilize a competitive bid process. (PREM) District 2 (HJF)
DECEMBER 15, 2009
5. REGULAR
AGENDA
F. PUBLIC SAFETY
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
January 12, 2010 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 19, Article VII
(Ordinance No. 2005-009); to be known as the Palm Beach County Towtruck
Ordinance; providing for a
title; providing for definitions; providing for towtruck class specifications;
providing for required operating permit; providing for new
applications/renewals and issuance of towing operating permit and fees;
providing for inspection of storage yards and public offices; providing for
insurance requirements, providing for towtruck registration, standards and
decals; providing for inspection procedures and requirements; providing for
non-consent manifest, towing invoice or tow sheet; providing for
advertisements; providing for records requirements; providing for an operating
permit required to do business with the county; providing for non-consent
towing with prior express instruction of real property owner or authorized
agent and/or law enforcement agency; providing for notice requirements for
non-consent tow services at request of real property owners; providing for
non-consent towtruck company requirements; providing for consent-only towtruck
company requirements; providing for maximum non-consent towing and storages
rates for non-consent tow services; providing for towtruck driver requirements
and failure to comply; providing for fraudulent transfer of towtruck companies;
providing for deceptive and unfair trade practices, providing for cease and
desist orders, providing for assurances of voluntary compliance; providing for
enforcement and civil/criminal penalties; providing for administrative
enforcement, denial, revocation and suspension of operating permits; providing
for additional penalties; providing for hearings and appeals; providing for
scope; providing for repeal of laws in conflict; providing for a savings
clause; providing for inclusion in the Code of Laws and Ordinances; providing
for severability; and providing for an effective date. SUMMARY: The two (2)
main objectives of the proposed Ordinance revisions are: 1) require all towing
companies in Palm Beach County to be licensed and meet minimum safety,
insurance and operating rules; and 2) require all towtruck drivers to secure an
I.D. Badge and pass a basic criminal and driving background check (similar to
the requirements for vehicle-for-hire drivers).
The proposed revisions also improve issues related to the existing
towing Ordinance. Currently, only towing companies performing non-consent tows
(police involved accidents or illegally parked vehicles) are required to be
licensed. The revised Ordinance would return Palm Beach County to licensing
requirements that were in place from 1992 – 2002 when all towing companies were
required to be licensed. Towtruck
drivers have considerable interaction with the public and often provide
transportation for individuals whose inoperable vehicles must be towed. All of the proposed revisions involve public
safety issues. Staff and an industry advisory committee have worked together in
developing this proposal. One (1) additional part-time compliance officer
position is needed to assist inspecting vehicles and providing follow-up to
towing investigations during peak periods. A motion to include an additional
part-time person to the towing budget will be included in the agenda at the
public hearing for the Towing Ordinance. Countywide (GB)
* * * * * * * * * * * *
DECEMBER 15, 2009
6. BOARD
APPOINTMENTS
A. PLANNING, ZONING & BUILDING
(Zoning
Commission)
1. Staff recommends motion to approve: appointment of two (2) out of the three (3)
following nominees to the Zoning Commission (ZC) for the terms indicated below:
Nominee Requirement Nominated
by Term
Jose F. Jaramillo Architect AIA Palm Beach 12/15/09 to 02/07/12
Mark S. Beatty Architect AIA Palm Beach 12/15/09 to 02/07/12
Robert G. Currie Architect AIA Palm Beach 12/15/09 to 02/07/12
SUMMARY: The ZC Membership, Powers, and Duties are
established by Ordinance 2003-067, as amended. The Board consists of nine (9) members appointed by the Board of County
Commissioners (BCC). Each member of the
BCC shall appoint one (1) District member to the ZC. The remaining two (2) members shall be
appointed by a majority vote of the BCC and shall be architects registered in
the State of Florida nominated by the Palm Beach County Chapter of the American
Institute of Architects (AIA). These appointments are consistent with the Unified
Land Development Code (ULDC) requirements, Article 17.C.13.C. Unincorporated (RB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 15, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 15, 2009
8. 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
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
Proclamation in honor and memory of Hattie Ruth Keys Pompey, Educator,
Activist, and Humanitarian.
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."
December 15, 2009 – 9:30
a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
DECEMBER 15, 2009
PAGE ITEM
6 3C-4* REVISED
MOTION: Staff recommends
motion to approve subject to receipt of proper Workers Compensation
insurance certificate: A) a Reimbursement Agreement with New Urban
Community Development Corporation and the City of West Palm Beach (City) in an
amount not to exceed $137,358 for The Townhouses at Henrietta; and…(Engineering)
17 3L-3 DELETED: Staff recommends motion to: A) approve a Contract (S0485) with the Florida Department of Environmental Protection (FDEP) for the County to perform contamination cleanup activities in accordance with the Petroleum Contamination Site Cleanup Program (PCSCP) effective upon execution until June 30, 2015; and….(ERM) (Signed Contract not received from FDEP)
22 3BB-4 REVISED TITLE: Staff
recommends motion to approve: the
return of $19,296 $13,253 in unexpended Drug Control/Money
Laundering Investigation grant funds and $6,043 in accrued interest to
the Florida Department of Law Enforcement. (PBSO)
26 5A-3 DELETED: Staff
recommends motion to: A) adopt a Resolution supporting Signature
HealthCARE, LLC. (Signature) for Florida=s Qualified Target Industry (QTI) Tax Refund
Program;…(Admin/EDO) (Further staff review)
26 5A-4 ADD-ON:
Staff recommends motion to
approve: Amendment
No. 3 to Agreement (R2007-1627), as amended, with Aramark Sports and
Entertainment Services, Inc. to continue the provision of food and beverage
operations services at the Palm Beach County Convention Center for six (6)
months beginning January 1, 2010, through June 30, 2010. SUMMARY: This proposed Amendment extends the
existing agreement for food and beverage operations services for the Convention
Center beginning January 1, 2010, through June 30, 2010. All other terms and conditions of the R2007-1627
agreement, as amended, remain in effect. The extension is required to re-issue
an RFP for food and beverage operations services for the Convention Center. Countywide
(MC) (Admin)
26 5A-5 ADD-ON:
Staff recommends motion to adopt: amendments to the Southeast Florida Regional Climate Change Compact
providing for a coordinated climate change strategy with Broward, Miami-Dade,
and Monroe Counties. SUMMARY: On December 1, 2009, the Board of County
Commissioners adopted the Regional Climate Change Compact (R2009-2081).
Subsequent to the December 1st meeting, Broward and Miami-Dade
Counties made minor changes to the Compact. The changes include the addition of
nuclear energy to the suggested policy statement issues and the addition of
language indicating that no county will work at cross-purpose with the other
counties. Broward and Miami-Dade are now
requesting that Palm Beach and Monroe Counties adopt the changes. Countywide
(GB) (Admin)
27 5C-1 DELETED: Staff recommends motion to approve:
a First Amendment to Interlocal Agreement for Fire Protection and
Emergency Medical Services with the Town of South Palm Beach. This First Amendment shall take effect on
October 1, 2010. (Fire Rescue)
(Further staff review)
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 (*).