ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 12, 2010
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 7 - 36)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 37)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 38 - 39)
6. REGULAR
AGENDA (Pages 40 - 46)
7. BOARD
APPOINTMENTS (Pages 47 - 50)
8. STAFF
COMMENTS (Page 51)
9. COMMISSIONER
COMMENTS (Page 52)
10. ADJOURNMENT (Page 52)
* * * * * * * * * * *
JANUARY 12, 2010
TABLE OF CONTENTS
CONSENT AGENDA
Page 7
3A-1 Resolutions from Miami-Dade BCC and City of
Pompano Beach supporting rental surcharge for Tri-Rail
B. CLERK
& COMPTROLLER
Page 7
3B-1 Warrant list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
3B-5 Report of
County Officials Bonds for January 2010
C. ENGINEERING
& PUBLIC WORKS
Page 8
3C-1 Interlocal Agreement with Lake Worth Drainage
District regarding pathway with LWDD right-of-way
3C-2 Deleted
3C-3 Payment to
Abacoa Development Company regarding development order amendment
3C-4 Reimbursement Agreement with Northwest
Riviera Beach Community Redevelopment Corp. and City of Riviera Beach regarding
S Avenue, R Avenue and 26th Street improvements
3C-5 Blanket
approval for appraisal and acquisition for FY 2010 projects in Five Year Road
Program
Page 9
3C-6 Release of
Drainage Easement Rights on parcels adjacent to Amelia Street
3C-7 Contract with
J.W. Cheatham regarding construction on 45th Street and Jog Road
3C-8 Renewal of
three (3) structural engineering services annual agreements
3C-9 Interlocal
Agreement with School Board regarding drainage of Lawrence Road
3C-10 Supplemental No. 3 with American Consulting
Engineers of Florida regarding Old Dixie Highway design plans and construction
bid documents
Page 10
3C-11 Amendment No. 1 with FDOT regarding Blue Heron
Blvd/Congress Avenue intersection improvements
3C-12 Amendment No.
1 with FDOT regarding Alternate A-1-A (Donald Ross Rd to Center St) project
3C-13 Deleted
3C-14 Renewal of two
(2) surveying and mapping annual agreements
3C-15 Deleted
3C-16 Renewal of two
(2) intersection improvement annual agreements
3C-17 Contract
Amendment to annual pavement marking contract with Southwide Industries, Inc.
Page 11
3C-18 Amendment No.
1 with FDOT regarding traffic signal at Boynton Beach Blvd/Old Boynton Rd
3C-19 Finalize
assessment roll for Dillman Road paving improvement project
D.
COUNTY ATTORNEY
Page 11
3D-1 Letter of Acknowledgement by Citibank
regarding Florida Public Improvement Revenue Bonds (Law Enforcement Information
Technology project)
Page 12
3D-2 Interlocal Agreement between Manatee County
Housing Finance Authority and Palm Beach County Housing Authority regarding
Single Family Mortgage Revenue Bonds
E.
COMMUNITY SERVICES
Page 12
3E-1 Florida Department
of Community Affairs FY 2010 Community Development Block Grant
Page 13
3E-2 Amendments
to six (6) contracts with financially assisted agencies
3E-3 Amendments
to two (2) contacts under the Other County-sponsored programs
JANUARY 12, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E.
COMMUNITY SERVICES (Cont’d)
Page
14
3E-4 Standard
Agreement with Area Agency on Aging for Nutrition Services Incentive Program
3E-5 Amendment
No. 1 with Nonprofits First, Inc. for training, education and technical
assistance
3E-6 Agreement
with Workforce Alliance for the Next Generation Workforce Internship Program
3E-7 Amendment
No. 1 with Area Agency on Aging for Emergency Home Energy Assistance Program
Page 15
3E-8 Agreement
with Florida Department of Community Affairs for FY 2009-2010 Community
Services Block Grant
3E-9 Contract
Renewal No. 1 with Florida Department of Children and Families for the Brief
Intervention and Treatment for Elders Program
3E-10 Deleted
3E-11 Early Head Start Contracted Services Expansion Agreement with Life
Span of Palm Beach County for Early Head Start services
F.
AIRPORTS
Page 16
3F-1 Change Order No. 2 with David Brooks
Enterprises regarding the Addressable Fire Alarm project at PBIA
3F-2 Memorandum of Understanding for Property
Exchange between Airports and Parks & Recreation
Page 17
3F-3 Contract
with Rosso Paving & Drainage for Taxiway F Extension project at PBIA
3F-4 Receive and
file six (6) original misc. agreements for Department of Airports
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 18
3G-1 Code
Enforcement Lien Settlement Offer with Karla Mansfield
3G-2 Code
Enforcement Lien Settlement Offer with Mike & Kim Pinto
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Annual
Heating Ventilation Air Conditioning Contract with Precision Air System
Page 19
3H-2 Annual
Heating Ventilation Air Conditioning Contract with Farmer & Irwin Corp.
3H-3 Annual
Heating Ventilation Air Conditioning Contract with Horizon Air Conditioning
Page 20
3H-4 Annual
Heating Ventilation Air Conditioning Contract with Stokes Mechanical
Contractors
3H-5 Annual
Heating Ventilation Air Conditioning Contract with Kerney & Associates
Page 21
3H-6 Annual
Heating Ventilation Air Conditioning Contract with The Airtex Corporation
3H-7 JOC Work Order No. 10-020 with Holt
Contractors regarding ongoing maintenance to Mecca Farms site drainage
3H-8 JOC Work Order No. 10-014 with H.A.
Contracting regarding HVAC replacement at Delray Civic Center
Page 22
3H-9 Change Order
No. 23 with Catalfumo Construction regarding PBSO Aviation Facility
3H-10 Utility Easement Agreement in favor of FPL
regarding Operations & Support Center at Vista Center
3H-11 Contract for Sale and Purchase with Ruben Jaen
and Livia Jaen for 0.06 acres of County surplus property
Page 23
3H-12 Third
Amendment with Department of Airports regarding use of Building 1169/Skychef
3H-13 Declaration of Public Purpose acknowledging
3.65 acre parcel of land conveyed to City of Boynton Beach may be used for
development of public school.
JANUARY 12, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page
24
3H-14 Resolution conveying 0.16 acre parcel of
County-owned surplus land to Christ Fellowship Healing Temple Community Development
Corporation
3H-15 Second Amendment to Memorandum of Understanding with Department of
Airports for use of Belvedere Road/5th Street property
Page 25
3H-16 Amendment No. 4 to Lease Agreement with Palm Coast Plaza for Palm
Tran Connection office space
3H-17 County Deed in favor of Alro Metals Service Center Corp. reconveying
real property located at 6200 Park of Commerce Boulevard in Boca Raton
Page 26
3H-18 First Amendment to Temporary Construction Easement in favor of the
City of Boynton Beach for installation of a sewer force main within Caloosa
Park
3H-19 Work Order No. 09-177 with Robling Architecture Construction
regarding bus shelter construction
Page 27
3H-20 Amendments to Lease Agreement with eight (8) farmers/nurserymen who
lease property in the Ag Reserve
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 28
3I-1 Agreement
with City of Pahokee regarding housing rehabilitation/demolition projects
3I-2 Agreement with Comprehensive Community Care
Network regarding community health care center renovations
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 28
3K-1 Temporary
Deferral of capital reimbursement costs to the Cities regarding the GUA
Page 29
3K-2 Interlocal Agreement with Seacoast Utility
Authority for temporary potable water and wastewater service to the North
County Airport
3K-3 First Amendment with Cen West Communities
regarding water quality monitoring for an on-site water distribution system at
Century Village – Boca Raton
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 29
3L-1 Contract
with FDEP regarding contamination cleanup activities
Page 30
3L-2 Contract
with Sunshine Land Design regarding Bluegill Trail construction
3L-3 Work Order No. 1666-04 with Eastman
Aggregate Enterprises regarding Pondhawk Natural Area Restoration project
3L-4 Amendment
No. 1 with FDEP regarding Ocean Ridge Beach Nourishment project
Page 31
3L-5 Amendment
No. 1 with FDEP regarding Jupiter/Carlin Short Protection project
M.
PARKS & RECREATION
Page 31
3M-1 First
Amendment with Palm Beach County PAL regarding golfing program
3M-2 Agreement
with City of South Bay for Glades Bay football and basketball programs
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
JANUARY 12, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Q.
CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 Fourth
Amendment with City of Riviera Beach regarding Weed and Seed efforts
Page 32
3Q-2 Contract with
The Children’s Coalition regarding juvenile intervention services
3Q-3 Edward Byrne
Memorial Justice Assistance Grants
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 33
3S-1 Emergency
Services Agreement for Mutual Assistance and Automatic Aid with Martin County
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Renewal of
Microsoft Enterprise Agreement with Software House International, Inc.
3U-2 Interlocal Agreement with City of Boynton
Beach regarding Palm Beach County Wide Area Network
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 34
3X-1 Revised 2009
Palm Beach County Unified Local Mitigation Strategy Plan
3X-2 FY 2010 EMS
County Grant Application
Y.
PURCHASING - None
Z.
RISK MANAGEMENT - None
AA.
PALM TRAN
Page 34
3AA-1 Interlocal
Agreement with Village of Wellington regarding paratransit transportation
services
3AA-2 First Amendment with WTC Backgrounds & Drug
Testing, Inc. regarding Palm Tran’s drug free workplace program
Page 35
3AA-3 Grant
Application with FDOT for operating funds for mass transit
3AA-4 FDOT Five-Year
Joint Participation Agreement regarding operating funds for mass transit
BB.
SHERIFF
Page 36
3BB-1 National Association of Drug Diversion
Investigators, Inc. award to conduct drug diversion investigations
3BB-2 Agreement with
City of West Palm Beach regarding Gramercy Village Weed and Seed project
3BB-3 Agreement with
City of Miramar regarding Regional Virtual Fusion Center
SPECIAL PRESENTATIONS - 9:30 A.M.
Page
37
4A South
Florida Super Bowl Host Committee
4B Palm
Beach County Saves Week
JANUARY 12, 2010
TABLE OF CONTENTS
PUBLIC HEARINGS - 9:30 A.M.
Page 38
5A Towtruck
Ordinance
Page 39
5B Ordinances regarding Final Order in
administrative challenge styled, Department of Community Affairs, et al. vs.
PBC et al (Balsamo property)
REGULAR AGENDA
ADMINISTRATION
Page 40
6A-1 211 Service
Delivery Report
6A-2 Scripps
Florida Phase II/Briger Proportionate Share Agreement
6A-3 Countywide
Community Revitalization Team Area Reassessment Study
Page 41
6A-4 Contract with Palm Beach Community College
Small Business Development Center for technical assistance and training to
small businesses
Page 42
6A-5 Resolution supporting Signature HealthCARE
LLC for Florida’s Qualified Target Industry Tax Refund Program
6A-6 Resolution
establishing a policy on time limits for development of facility projects
Page 43
6A-7 Creation of the Palm Beach County Inspector
General and Commission on Ethics Implementation Advisory Committee
FACILITIES
DEVELOPMENT & OPERATIONS
Page 43
6B-1 Termination of Deposit Receipt and Contract
for Sale and Purchase with National Land Company
6B-2 Request by
Mecca Farms to reconsider date of termination of Lease in Ag Reserve
HOUSING &
COMMUNITY DEVELOPMENT
Page 44
6C-1 Short Sale
Policy Guidelines
6C-2 Neighborhood
Stabilization Program mortgage assistance with Sylvia L. Sharps
WATER UTILITIES
Page 45
6D-1 Two-Year Extension to all Water Utilities
Department Development Agreement and Renewal Agreements
6D-2 Application
for federal assistance as Co-Applicant with Glades Utility Authority
ENGINEERING
& PUBLIC WORKS
Page 45
6E-1 Request from Village of Royal Palm Beach to
permit berm across the Madrid Street connection
COMMUNITY
SERVICES
Page 46
6F-1 American
Recovery and Reinvestment Act Early Head Start Expansion Grant
BOARD
APPOINTMENTS (Pages 47 - 50)
STAFF
COMMENTS (Page 51)
COMMISSIONER
COMMENTS (Page 52)
ADJOURNMENT (Page 52)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution R-1294-09 of the Miami-Dade Board of County Commissioners, urging the Florida Legislature to pass legislation providing a dedicated funding source for Tri-Rail through a new $2 rental care surcharge or other new dedicated funding source; and
B) Resolution No. 2010-54 of the City Commission of the City of Pompano Beach, Florida, supporting the enactment of a $2 per day car rental surcharge to save Tri-Rail from default. Countywide
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular February 24, 2009
Budget June 29, 2009
Zoning June 29, 2009
Comp Plan July 15, 2009
Regular July 21, 2009
Regular August 18, 2009
Regular October 06, 2009
Regular October
20, 2009
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during October 2009. Countywide
5. Staff recommends
motion to review for sufficiency and to receive and file: Report of County
Officials Bonds for the Board’s examination as to the sufficiency of the
sureties, dated January 2010. SUMMARY: Ordinance 98-51 sets various bond
amounts for specified county officers and provides for examination of the
sufficiency of all the bonds at the regular meeting of the Board of County
Commissioners, in January and June of each year. Countywide (PFK)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: an Interlocal Agreement with the Lake Worth Drainage District (LWDD) to allow an existing Palm Beach County (County) pathway to remain within the LWDD’s E-2W Canal right-of-way, adjacent to Boca Rio Road between Southwest 18th Street and Glades Road. SUMMARY: Approval of this Interlocal Agreement with the LWDD will allow an existing County pathway to remain within the LWDD’s E-2W Canal right-of-way, adjacent to Boca Rio Road from Southwest Street to Glades Road, when the segment of Boca Rio Road from Palmetto Park Road to north of Boca Lago Drive is built. The County agrees to remove the pathway when Boca Rio Road is expanded in the future. District 5 (PK)
2. DELETED
3. Staff recommends
motion to approve: a $3,000 payment to the Abacoa Development Company
for the cost of processing a development order amendment. SUMMARY: Approval of this action will
reimburse Abacoa Development Company for the cost of processing a development
order amendment, requested by Palm Beach County, extending the time requirement
for two (2) intersection improvements. District 1 (MRE)
4. Staff recommends
motion to approve:
A) a Reimbursement Agreement with the Northwest Riviera Beach Community Redevelopment Corporation (RBCRC) and the City of Riviera Beach (City) in an amount not to exceed $150,000; and
B) a Budget Transfer of $150,000 in the Transportation Improvement Fund from Reserves for District 7 to Riviera Beach Brooks Subdivision.
SUMMARY: Approval of the Reimbursement Agreement and Budget Transfer will provide funds to help pay for public improvements around Brooks Subdivision on S Avenue, R Avenue, and 26th Street in the City. District 7 (MRE)
5. Staff recommends motion to approve:
A) a blanket approval for appraisal and acquisition of the lands, rights-of-way, and easements on all Fiscal Year 2010 projects as identified in the Five Year Road Program Annual Update, as adopted on November 17, 2009; and
B) the employment of all experts, including but not limited to real estate appraisers, engineers, certified public accountants, business damage experts, and other experts, deemed necessary to appraise and acquire the before mentioned lands, rights-of-way, and easements.
SUMMARY: On November 17, 2009, the Board of County Commissioners adopted the Annual Update of the Five Year Road Program for Fiscal Year 2010 through Fiscal Year 2014. Approval of this item will provide for the acquisitions necessary to accomplish the road goals set therein. Countywide (PK)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends motion to approve: a Release of Drainage Easement Rights on parcels adjacent to Amelia Street as requested by the Department of Airports (DOA). SUMMARY: Approval of this item will release the County’s interest in drainage easements within a future DOA development site, lying west of the Palm Beach International Airport, between Military Trail and Haverhill Road. District 6 (PFK)
7. Staff recommends
motion to approve:
A) a Contract with J.W. Cheatham, LLC (Cheatham), the lowest responsive, responsible bidder in the amount of $14,646,240.35 for the construction of 45th Street from Jog Road to East of Haverhill Road and Jog Road from South of 45th Street to North of 45th Street (Project);
B) a Budget Amendment of $2,473,687 in the Road Impact Fee Fund – Zone 3 to recognize reimbursement funding from the Florida Department of Transportation - $2,168,796; and the City of West Palm Beach - $304,891; and appropriate it to the Project; and
C) a Budget Amendment of $3,889,248 in the Road Impact Fee Fund – Zone 2 to recognize reimbursement funding from the Florida Department of Transportation - $3,700,000; the City of West Palm Beach - $148,948; the City of Riviera Beach - $34,960 and AT&T - $5,340 and appropriate it to the Project.
SUMMARY: Approval of this Contract will allow Palm Beach County to issue a Notice to Proceed to begin construction of the Project. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Cheatham, a Palm Beach County Contractor, is 15.02%. Completion of all work under this Contract shall be no more than 730 calendar days. Districts 6 & 7 (MRE)
8. Staff recommends
motion to approve: the renewal
of the Structural Engineering Services Annual Agreements with Bridge Design
Associates, Inc., whose original Agreement was dated February 5, 2008 (R2008-0159);
Corzo Castella Carballo Thompson Salman, P.A., whose original Agreement was
dated February 5, 2008, R2008-0161 and R. J. Behar & Company, Inc., whose
original Agreement was dated February 5, 2008, R2008-0160. SUMMARY: Approval of these Renewal Agreements will
extend required professional services for one (1) year, on a task order
basis. Countywide (PK)
9. Staff recommends
motion to approve: an Interlocal Agreement with the School Board of
Palm Beach County (School Board) regarding drainage of Lawrence Road fronting
the Royal Palm Beach school facility. SUMMARY:
The School Board requested a permit to construct a turn lane in Lawrence Road
which required drainage to go through the Royal Palm School. The School Board
has requested to be bound by the terms and conditions of this Interlocal
Agreement in lieu of providing a drainage easement. District 3 (MRE)
10. Staff recommends motion to approve: Supplemental Agreement No. 3 to Project Number 2004506 under Agreement R2005-0632 in the amount of $336,524.46 with American Consulting Engineers of Florida, LLC, for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the services necessary for the preparation of design plans and construction bid documents for Old Dixie Highway from Park Avenue to Northlake Boulevard. Districts 1 & 7 (PK)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends
motion to adopt: a Resolution approving Amendment Number
Three to the Joint Participation Agreement (JPA) with the State of
Florida Department of Transportation (FDOT), approved on June 7, 2005
(R2005-1064), to allow for interim invoicing for the Blue Heron Boulevard and Congress Avenue intersection
improvements project. SUMMARY: Approval
of Amendment Number Three to the JPA will allow Palm Beach County to submit
interim invoices to FDOT rather than one final invoice after construction is
complete. District 7 
(MRE)
12. Staff recommends
motion to adopt: a Resolution approving Amendment Number One to
the Joint Participation Agreement (JPA) with the State of Florida Department of
Transportation (FDOT), approved on April 1, 2008 (R2008-0498), to allow for
interim invoicing for the Alternate
A1A/SR-811 from north of Donald Ross Road to Center Street project. SUMMARY: Approval of Amendment Number One to
the JPA will allow Palm Beach County to submit interim invoices to FDOT rather
than one final invoice after construction is complete. District
7 (MRE)
13. DELETED
14. Staff recommends motion to approve: the renewal of the Surveying and Mapping Annual Agreements with Brown & Phillips, Inc., whose original Agreement was dated March 11, 2008 (R2008-0317) and Dennis J. Leavy & Associates, Inc., whose original Agreement was dated January 15, 2008 (R2008-0020). SUMMARY: Approval of these Renewal Agreements will extend required professional services for one (1) year, on a task order basis. Countywide (PK)
15. DELETED
16. Staff recommends motion to approve: the renewal of the Intersection Improvement Annual Agreements with Arcadis U.S., Inc., whose original Agreement was dated March 11, 2008 (R2008-0305) and Erdman Anthony of Florida, Inc., whose original Agreement was dated February 5, 2008 (R2008-0164). SUMMARY: Approval of these Renewal Agreements will extend required professional services for one (1) year, on a task order basis. Countywide (PK)
17. Staff recommends
motion to approve: a Contract Amendment to the Annual Pavement Marking
Contract (Contract) (R2008-1423),
Project No. 2009051, dated September 9, 2008, with Southwide Industries, Inc.
(Contractor) to extend the expiration date, add dollar value and lower the unit
prices on certain bid items. SUMMARY:
Approval of this Amendment to the Contract will extend the expiration date from
March 9, 2010, to September 9, 2011. The
Contract amount will increase by $1,500,000, to a total of $2,665,000. The Contractor has voluntarily reduced the
unit prices of approximately 2% of the existing bid items and added several
items that may be used in future task authorizations. These reductions lower the unit prices by
6%. The Contractor did not propose any
SBE goals in the original contract and no SBE participation occurred during the
first year. Countywide (MRE)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
18. Staff recommends
motion to adopt: a Resolution to approve Amendment Number One
to the Joint Participation Agreement (JPA) (FM No. 403605-2-58-01) with the
Florida Department of Transportation (FDOT) for the construction of a traffic
signal at Boynton Beach Boulevard and Old Boynton Road. SUMMARY:
This JPA provides $264,389 for the construction of a traffic signal
at the intersection of Boynton Beach Boulevard and Old Boynton Road. Amendment Number One modifies the language of
paragraph five in the original Agreement allowing Palm Beach County to bill quarterly
based on actual costs incurred instead of a monthly basis based on the
percentage of completion. District 7
(MRE)
19. Staff recommends
motion to:
A) finalize assessment roll for the Dillman Road Paving Improvement Project (Project);
B) authorize Tax Collector’s Office to process and collect the assessment payments; and
C) approve the transfer of Dillman Road from courtesy to County maintenance, from Lyons Road west approximately 2,000 feet and delete the remaining western portion of Dillman Road from courtesy maintenance due to the previous abandonment.
SUMMARY: Finalization of the
assessment roll for the Project, from Lyons Road west to Whippoorwill Way,
Section 7 and 8, Township 44 South, Range 42 East, will allow the assessment
payments to be processed and collected by the Tax Collector’s Office. Dillman
Road has been constructed to Palm Beach County (County) standards. The assessment remains $3,773.77 per lot. Approval of the Dillman Road transfer will
make the Road County maintained for the first 2,000 feet west of Lyons Road.
The abandonment of the remaining portion of Dillman Road west of this point was
approved by the Board of County Commissioners on February 24, 2009 (R2009-0342)
and will no longer be courtesy maintained by the County. District 6 (MRE)
D. COUNTY
ATTORNEY
1. Staff
recommends motion to receive and file:
A) copy of the Letter of
Acknowledgement dated December 1, 2009 by Citibank attesting that Bond R-1 in
the amount of $35,075,000 for the Palm Beach County, Florida Public Improvement
Revenue Bonds (Law Enforcement Information Technology Project) Series 2008 was
assigned to Citibank by CitiCapital Municipal Finance, the original purchaser
of the Bond; and
B) a copy of the replacement
Bond No. R-1A.
SUMMARY: CitiCapital Municipal Finance, the original
purchaser of the $35,075,000 Bonds, assigned its interest in these Bonds to
Citibank. The original bond No. R-1 has
been replaced by replacement Bond No. R-1A.
The documents should now be received and filed in the Board’s official
records. Countywide (PFK)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: the execution, delivery and performance by the Housing
Finance Authority of Palm Beach County, Florida (the “Authority”) of that
certain Interlocal Agreement to be entered into by and between the Authority
and the Housing Finance Authority of Manatee County, Florida (the “Manatee
Authority”) in substantially the form attached hereto, with such changes as
deemed necessary and appropriate by the Authority and its general counsel for
furtherance of the purposes thereof (the “Interlocal Agreement”) as required by
Section 159.603(3), Florida Statutes (the “Statute”). SUMMARY: Pursuant to its authority under
Section 163.01, Florida Statutes and the Florida Housing Finance Authority Law
encoded in Part IV, Chapter 159, Florida Statutes (the “Act”), the Authority
may enter into interlocal agreements with other governmental bodies to make the
most efficient use of their respective powers, resources and capabilities in
the exercise of those powers common to them. The Authority plans to
enter into the Interlocal Agreement with the Manatee Authority to authorize the
Manatee Authority to finance qualifying single family mortgage loan programs
within the territorial limits of Palm Beach County, Florida (the “County”) and
Manatee County, Florida, which will be financed from the proceeds of the
$16,610,000 Housing Finance Authority of Manatee County, Florida Single Family
Mortgage Revenue Bonds, Series 2009 (New Issue Bond Program - Small Issue) (the
“Manatee Bonds”) issued by the Manatee Authority. Pursuant to the
Statute, the governing body of the County must provide approval for the use of
proceeds of the Manatee Bonds pursuant to the Interlocal Agreement for the
financing of single family mortgage loans within the County. Countywide
(PFK)
E. COMMUNITY SERVICES
1. Staff
recommends motion to receive and file:
A) the State of Florida, Department of Community Affairs (DCA), FY 2010 Community Services Block Grant (CSBG) – American Recovery and Revitalization Act (ARRA) grant in the amount of $1,461,906, for the period July 1, 2009, through September 30, 2010; and
B) Sub-Grant Agreement with Gulfstream Goodwill Industries, Inc. (Goodwill), in an amount not-to-exceed $1,086,225 for the period of October 1, 2009, through September 30, 2010.
Summary: On September
1, 2009 (R2009-1444), the Board of County Commissioners delegated authority to
the County Administrator to sign the sub-grant agreement with Goodwill
resulting from the 2010 CSBG-ARRA grant funds. The Agreement will allow for
provision of a range of services to low-income households in Palm Beach County to support job creation and preservation.
No match is required. (Community Action Program) Countywide
(TKF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
Amendments to renew six (6) contracts with financially assisted agencies
totaling $727,601, for the indicated activities, for the period October 1,
2009, through September 30, 2010:
A) Amendment
No. 2, Building Blocks/A Project of Neighbors Organized for Adequate Housing
(NOAH), Inc. (R2007-1927) in the amount of $227,107, for early childhood
education and parenting classes;
B) Amendment No. 2, Florida Outreach for the
Blind, Inc. (R2008-0505) in the amount of $22,436 for
training and outreach services for the visually-impaired;
C) Amendment No. 2, Glades Area Association for Retarded
Citizens, Inc. (R2007-1943) in the amount of $159,293, for
food services, supported living and supported employment services;
D) Amendment No. 2,
Mental Health Association of Palm Beach County, Inc. (R2007-1951) in the amount
of $39,074, for a mental health support drop-in center;
E) Amendment No. 2, Parks and Recreation
Department, Inc. City of Pahokee (R2008-0033) in the amount of $132,691, for a social recreational program providing before and after care
services to at-risk children and their families; and
F) Amendment No. 2, Glades
Initiative, Inc. (R2007-1944) in the amount of $147,000 for coordination of
health and human services in the Glades community.
Summary: On September 8, 2009, the Board of County
Commissioners (BCC) approved the list of agencies and funding allocations under
the Financially Assisted Agencies 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 Agencies Program) Countywide
(TKF)
3. Staff recommends
motion to approve: Amendments to contracts with the following
agencies, totaling $1,316,675 for the period October 1, 2009, through September
30, 2010, for services as indicated:
A) Amendment No. 2OCS, 211 Palm Beach/Treasure
Coast, Inc. (R2007-2065), in the amount of $141,075, for crisis and outreach
services; and
B)
Amendment No. 2, Mae Volen Senior Center, Inc. (R2007-2066), in the
amount of $1,175,600, for services which include transportation, in-home
services, congregate meals, home delivered meals, nutrition education,
screening and assessment to eligible seniors.
Summary: On September 8,
2009, the Board of County Commissioners approved the list of agencies and funding
allocations under the Financially Assisted Agency 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)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Standard Agreement No. IU010-9500 for the
Nutrition Services Incentive Program (NSIP) with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc.
(AAA) for the period October 1, 2009, through December 31, 2010, for a total
not-to-exceed amount of $349,591. Summary: NSIP funds are available to supplement the
cost of meals in the Division of Senior Services (DOSS) Congregate and Home
Meals Programs. NSIP provides reimbursement for the purchase of United States
produced agricultural and other food commodities for use in nutrition projects
operating under the approved Older Americans Act (OAA) Title III
agreement. The maximum number of meals
to be reimbursed is 582,651 at the rate of $.60 per meal for a total of $349,591. 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)
5. Staff recommends
motion to approve: Amendment
No. 1 (R2009-0406) with Nonprofits First, Inc. for the period October 1, 2009,
through September 30, 2010, in an amount of $105,000, for training, education
and technical assistance. Summary: Nonprofits First developed
and produced the 2007 Certification Assessment Tool, a self-assessment manual,
and will offer an array of training, education and technical assistance
resources and programming to Financially Assisted Agency (FAA) grantees. Department staff and Nonprofit First staff are
working diligently to make sure the services will be delivered as contracted.
This contract is funded under County Sponsored Programs and is separate from
the FAA funding, but managed by the same program monitoring staff. Countywide
(TKF)
6. Staff recommends
motion to approve: Agreement with Workforce Alliance for the Next
Generation Workforce Internship Program, with no expiration date, to provide
young adults with job training experience.
Summary:
This Agreement will facilitate the utilization of young adult interns ages
18-21, aging out of foster care, of a job training experience. The U.S.
Department of Labor has outlined a list of criteria that must be met in order
for an internship to be unpaid. The
participants do not displace regular employees, but work with employees under
close supervision to increase their employability skills. The intended goal is eventual placement into
unsubsidized paid employment, leading to economic self-sufficiency for the
individual and/or family. As a result of
the agreement the County will use these volunteers to provide general clerical
office duties. There is no cost to the
County to participate in the program. (DOSS)
Countywide (TKF)
7. Staff recommends
motion to approve: Amendment
No. 001 to Standard Agreement
No. IP009-9500 (R2009-0745) for the Emergency Home Energy Assistance Program (EHEAP)
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the
period January 1, 2009, through March 31, 2010, increasing the agreement amount
by $11,691 for a new total not-to-exceed amount of $179,214. Summary: This Amendment will increase the spending
authority by $9,897 and outreach by $1,794 for a total of $11,691. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides EHEAP services under a similar agreement
from the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5,
and 7 south of Hypoluxo Road (TKF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
8. Staff recommends
motion to:
A) receive and file an Agreement with the State of Florida, Department of Community Affairs, for the period of October 1, 2009, through September 30, 2010, in an amount not-to-exceed $1,074,889, for FY 2009-2010 Community Services Block Grant (CSBG); and
B) approve a Budget Amendment of $5,426 in the Community Action Program Fund to reconcile the budget to the actual grant award.
Summary: The Agreement (R2009-1396) has been signed by the State and returned to the Community Action Program. As required, the fully executed contract is being submitted to allow the Clerk’s office to note and file it in the official records. The FY 2009-2010 CSBG agreement will provide a range of services to low-income households in Palm Beach County. Funds will enable Palm Beach County Community Action to help stabilize low income families through assistance with utility, shelter, transportation, and child care costs. It will also support assistance to low-income persons seeking to acquire and maintain employment. (Community Action Program) Countywide (TKF)
9. Staff recommends
motion to approve: Contract Renewal No. 1 to Standard Contract
No. LD903 (R2008-2182) for the Brief Intervention and Treatment for Elders
(BRITE) Program with the Florida Department of Children and Families for the
period December 1, 2009, through November 30, 2010, for a new total not-to-exceed
amount of $150,000. Summary: BRITE is a substance abuse/mental
health, brief intervention and treatment program that targets seniors age 55
and older. BRITE focuses on providing
services within primary and emergency health care settings, public health
clinics, elder homes, and other aging service sites. Clients may be offered screening, brief
intervention and brief treatment by the Division of Senior Services (DOSS) or
they may be offered more intensive care by a substance abuse/mental health
specialist provider agency. (DOSS) Countywide
(TKF)
10. DELETED
11. Staff recommends
motion to approve: Early
Head Start Contracted Services Expansion Agreement with Life Span of Palm Beach
County, Inc., for the period of December 1, 2009, through September 30, 2010, in
an amount of $112,012, for services to Early Head Start children and families. Summary:
Early Head Start has received monies through the American Recovery
and Reinvestment Act (ARRA) Early Head Start Expansion Grant. As a result, the
Division is contracting with Life Span of Palm Beach County, Inc to provide services to 16 infants and toddlers for 171
days at a rate of $33.63 per child/per day for a total of $92,012, with an
additional $20,000 for start-up expenses. No County funding is required.
(Head Start) Countywide (TKF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Change
Order No. 2 to Task Authorization No. D-1.1: Construction Phase Services for
the Addressable Fire Alarm Project at Palm Beach International Airport (PBIA),
under the Construction Manager (CM) at Risk Contract with David Brooks
Enterprises, Inc. for a time extension of 97 calendar days and no change in the
Guaranteed Maximum Price (GMP). SUMMARY: The Department of Airports is
requesting Board approval of Change Order No. 2 to Task Authorization D-1.1 to
David Brooks Enterprises, Inc. under the continuing contract for CM at Risk
services approved May 20, 2008 (R-2008-0849). Task No. D-1: Preconstruction
Services for the Addressable Fire Alarm Project was approved by the Board on
May 20, 2008 (R2008-0849) in the amount of $50,000. Task D-1.1: Construction Phase Services for
the Addressable Fire Alarm Project was approved by the Board on December 19,
2008 (R2008-2298) in the amount of $1,397,974 and established a construction
time to complete the task within 305 calendar days. Change Order No. 1 was approved by the
Contract Review Committee on August 27, 2009 and increased the GMP in the
amount of $44,496 and extended the time to complete the work by 40 Calendar
Days. Approval of Change Order No. 2
will extend the construction time by 97 calendar days with no change in the
GMP. The Small Business Enterprise
(SBE) goal for this contract was established at 15%. The SBE participation for this Change Order
is 0%. The total SBE contract
participation including Change Order No. 2 to Task D-1.1 is 27.92%. Countywide (JCM)
2. Staff recommends
motion to:
A) approve an internal Memorandum
of Understanding (MOU) for Property Exchange between the Department of Airports
(DOA) and Parks & Recreation Department (Parks) providing for the exchange
of approximately 7.48 acres of vacant property located along the west side of
the Palm Beach County Park Airport (Lantana Airport) (Park Property) and a
declaration of an access easement at the intersection of Congress Avenue and
John F. Kennedy Drive (Easement), in exchange for approximately 6.05 acres of
unimproved DOA property located along the north and west sides of the Lantana
Airport and approximately 2.57 acres of improved DOA property at the Palm Beach
County Glades Airport (Pahokee Airport) (collectively, Airport Property);
B) adopt a Resolution of the Board of County Commissioners
of Palm Beach County, Florida; determining that the Airport Property is not
necessary for airport purposes and that the disposition of the property shall
not impair the operating efficiency of the airport system or reduce the revenue
producing capability of the County’s Airport System; and
C) authorize the County
Administrator or his designee (the DOA Director) to execute any necessary
documentation for the release of the Airport Property from Airport Improvement
Program (AIP) Grant Assurances with the Federal Aviation Administration.
SUMMARY: The MOU provides
for the exchange of the Airport Property for the Park Property and the
declaration of an access easement to enhance access to DOA property on the west
side of the Lantana Airport. The exchange will allow DOA to use the Parks
Property for future airport development, and Parks to use the Lantana Airport
Property for general county purposes. The Parks Property and Easement are
vacant and undeveloped. The Airport Property located on Pahokee Airport
is improved with a vehicle maintenance building. The MOU is contingent on
approval by the Federal Aviation Administration (FAA). Upon approval of
the exchange, the FAA will require the County to execute a letter acknowledging
the release of the Airport Property from AIP Grant Assurance requirements. The
Resolution is required for purposes of documenting the Airport Property has
been released from the Airport System Revenue Bond Resolution (R84-427)
requirements. Countywide (AH)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: a Contract with Rosso Paving & Drainage,
Inc. in the amount of $4,928,215.55 for the Taxiway F Extension Project at Palm
Beach International Airport (PBIA). SUMMARY:
This project was advertised utilizing the County’s competitive bid process. On
October 20, 2009, eight (8) bids were received for the Taxiway F Extension
Project at PBIA. Of the eight (8) bids,
Rosso Paving & Drainage, Inc., a Palm Beach County company, has been
identified as a responsible/responsive bidder in the amount of
$4,928,215.55. In addition to the
construction contract, project expenditures also include design costs,
permitting fees and contingency funding.
The Small Business Enterprise (SBE) Goal for this project was
established at 15.00%. Rosso Paving & Drainage, Inc. SBE participation is
43.12%. Florida Department of Transportation (FDOT) grant funding of $2,464,107
and Passenger Facility Charge (PFC) funds of $2,464,108 are funding this
project. Countywide (JCM)
4. Staff recommends
motion to receive and file: six (6) original Agreements for the Department of
Airports:
A) Hangar Lease Agreement with A. Kim
Gartmann, Unit 4, Building 11720, at North County General Aviation Airport for
one (1) year, automatically renewed at one (1) year intervals, commencing on November
21, 2009;
B)
Hangar Lease Agreement with
A. Kim Gartmann, Unit 8, Building 11720, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on November 21, 2009;
C)
Agreement Covering the
Operation of Aircraft at PBIA with Vision Airlines, Inc., commencing September
1, 2009, expiring September 30, 2010 and automatically extended on a
year-to-year basis (October 1st through September 30th);
D)
Automobile Transport
Operator Permit with Triple Express, Inc. d/b/a Connecticut Auto Transport,
Inc., commencing November 17, 2009, terminating September 30, 2010, automatically
renewed on a yearly basis (October 1st through September 30th);
E)
General
Aeronautical Services Agreement with Rivera Aircraft Detailing, LLC, commencing
December 1, 2009, expiring September 30, 2010, automatically renewed on a
year-to-year basis (10/1 through 9/30); and
F)
First Amendment to
Airline-Airport Use and Lease Agreement with Airtran Airways, Inc. (R2007-0137), replacing Exhibits “B” and “D”,
effective August 20, 2009.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the Board of County
Commissioners in R93-801, R2006-1906, R2008-1845 and R2009-1960. Countywide (AH)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $15,000 for the full satisfaction of a Code Enforcement Lien that was entered against Karla Mansfield on April 7, 2004. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on October 1, 2003 giving Karla Mansfield until January 29, 2004 to obtain proper building permits for constructing a screen enclosure and carport or remove the unpermitted structures. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Karla Mansfield on April 7, 2004. The cited code violations were fully corrected as of February 12, 2007 by removal of the structures. The total accumulated lien amount through July 10, 2009, the date settlement discussions resumed, totaled $85,985.35, of which Ms. Mansfield has agreed to pay the County $15,000 (17.5%) for full settlement of her outstanding Code Enforcement Lien. District 2 (PGE)
2. Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $6,500 for the full satisfaction of a Code Enforcement Lien that was entered against Mike & Kim Pinto on March 5, 2008. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on September 5, 2007 giving the Pintos until November 4, 2007 to obtain the required building permit for their swimming pool barrier. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against the Pintos on March 5, 2008. The cited code violations were fully corrected as of July 29, 2009. The total accumulated lien amount through October 15, 2009, the date settlement discussions began, totaled $41,857.02, of which the Pintos have agreed to pay the County $6,500 (15%) for full settlement of their outstanding Code Enforcement Lien. District 5 (PGE)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to
approve: an annual Contract with Precision Air Systems, Inc. for
installation, repair, and/or replacement of Heating Ventilation Air
Conditioning (HVAC) systems 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 $2,000,000. The Contract
will terminate when a total of $2,000,000 in work orders are issued among the
pool of six (6) approved HVAC contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides up to four (4) - one (1) year renewals, each for a
not-to-exceed amount of $2,000,000 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 HVAC 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. Precision Air Systems, Inc. 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)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: an annual Contract with Farmer & Irwin Corp. for
installation, repair, and/or replacement of Heating Ventilation Air
Conditioning (HVAC) systems 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 $2,000,000. The Contract
will terminate when a total of $2,000,000 in work orders are issued among the
pool of six (6) approved HVAC contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides up to four (4) – one (1) year renewals, each for a
not-to-exceed amount of $2,000,000 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 HVAC 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. Farmer &
Irwin Corp. 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: an annual Contract with Horizon Air Conditioning, Inc.
for installation, repair, and/or replacement of Heating Ventilation Air
Conditioning (HVAC) systems 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 $2,000,000. The Contract
will terminate when a total of $2,000,000 in work orders are issued among the
pool of six (6) approved HVAC contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides up to four (4) – one (1) year renewals, each for a not-to-exceed
amount of $2,000,000 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 HVAC 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. Horizon Air
Conditioning, Inc. is a certified SBE Contractor and 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)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: an annual Contract
with Stokes Mechanical Contractors for installation, repair, and/or replacement
of Heating Ventilation Air Conditioning (HVAC) systems 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
$2,000,000. The Contract will terminate when a total of $2,000,000 in work
orders are issued among the pool of six (6) approved HVAC contractors or when
the one (1) year time period has expired, whichever occurs first. The Contract provides up to four (4) - one
(1) year renewals, each for a not-to-exceed amount of $2,000,000 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 HVAC 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. Stokes
Mechanical Contractors is a certified SBE Contractor and 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 Kerney & Associates, Inc.
for installation, repair, and/or replacement of Heating Ventilation Air
Conditioning (HVAC) systems 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 $2,000,000. The Contract
will terminate when a total of $2,000,000 in work orders are issued among the
pool of six (6) approved HVAC contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides up to four (4) - one (1) year renewals, each for a
not-to-exceed amount of $2,000,000 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 HVAC 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. Kerney & Associates,
Inc. is a certified SBE Contractor and 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)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: an annual Contract with The Airtex Corporation for
installation, repair, and/or replacement of Heating Ventilation Air
Conditioning (HVAC) systems 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 $2,000,000. The Contract
will terminate when a total of $2,000,000 in work orders are issued among the
pool of six (6) approved HVAC contractors or when the one (1) year time period
has expired, whichever occurs first. The
Contract provides for to four (4) – one (1) year renewals, each for a
not-to-exceed amount of $2,000,000 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 HVAC 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 by
Palm Beach County. The Small Business Enterprise (SBE) goal is 15%, and will be
tracked cumulatively for each work order issued. The Airtex Corporation is a certified SBE
Contractor and 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)
7. Staff recommends
motion to approve: JOC Work Order No. 10-020 with Holt Contractors, Inc.
(R2007-0947) in the amount of $309,819.42 to provide the required ongoing
maintenance to maintain the proper drainage at the Four Squares (Mecca Farms)
site. SUMMARY: The work consists of annual mowing
maintenance (mow site completely once annually, mow slopes of impound along
with top of dike once annually, and mow roadways, perimeter canals, top of
impound, common areas and along Pratt Whitney Road six (6) times annually);
annual canal cleaning (clean all critical canals that feed the impound area
including all perimeter canals twice annually, and clean all canals once
annually); and annual road maintenance (maintain roads including washouts and
culvert replacement). This project is
funded from the General Fund. 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 Contractors, Inc.=s total participation-to-date,
the resulting values are 100%. The total construction duration is 365 days.
Holt Contractors, Inc. is a Palm Beach County company. (FD&O Admin) Countywide/District 1 (JM)
8. Staff recommends
motion to approve: JOC Work Order No. 10-014 with HA Contracting, Corp.,
(R2007-0944) in the amount of $594,867.84 to provide Heating Ventilation Air
Conditioning (HVAC) replacement at the Delray Civic Center. SUMMARY: The work consists of removing
existing conventional HVAC system (excluding ductwork) and replacing with new
chilled water HVAC system (excluding ductwork) and all associated plumbing and
electrical. The new HVAC system will
benefit the existing facility by decreasing overall energy costs utilizing
variable air volume equipment versus the less efficient constant air volume
split system and allowing for additional load controls which will allow for
varying the usage. These measures will
provide for a reduction in energy and operating costs. The Small
Business Enterprise (SBE) goal is 15%.
The SBE participation in this Work Order is 23.05%. When the
participation for this Work Order is added to HA Contracting Corp.=s total
participation-to-date, the resulting values are 43.17%. The total construction
duration is 60 days. HA Contracting
Corp. is a Miami-Dade County company. (FD&O Admin) District 5 (JM)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: Change Order No. 23 to the Contract (R2003-1543)
with Catalfumo Construction, Ltd., decreasing the Guaranteed Maximum Price
(GMP) for PBSO Aviation Facility by $214,903.70. SUMMARY: Construction of the new PBSO
Aviation Facility is complete. The GMP included $56,500 in contingency. The final contingency amount is $214,903.70
due to buy-out savings and other credits. The $214,903.70 will be released from
encumbrance and returned to the project budget. Change Order No. 23
accomplishes that reduction. The Small Business Enterprise (SBE) goal is 15%
and the final SBE participation is 27.9%. (Capital Improvements Division) Countywide
(JM)
10. Staff recommends
motion to approve: a Utility
Easement Agreement in favor of the Florida Power & Light Company (FPL) for
underground electrical services to the County’s Operations & Support Center
(OSC) Warehouse at Vista Center in unincorporated West Palm Beach. SUMMARY: The County is constructing a
warehouse within the Vista Center on the western portion of the OSC on the
north side of Vista Parkway. FPL requires
an easement for the installation of underground electrical services at this new
facility. The easement area is
approximately 151.77 feet long and varies in width from 10.14 feet to 14.00
feet and contains 1,478 square feet (0.03 acres). This non-exclusive easement is being granted
at no charge as it will provide electrical service solely for the benefit of
the County facility. (PREM) District 2 (HJF)
11. Staff recommends
motion to:
A)
adopt a
Resolution authorizing the conveyance of the County’s interest in a 0.06 acre
vacant parcel of County-owned land located on Military Trail, north of Atlantic
Avenue, in unincorporated Palm Beach County to Ruben Jaen and Livia Jaen for $10,000
with reservation of mineral and petroleum rights, but without rights of entry
and exploration;
B)
approve a Deposit Receipt and Contract for Sale and
Purchase with Ruben
Jaen and Livia Jaen for the sale of 0.06 acres of County surplus property; and
C)
approve
a County Deed in favor of Ruben Jaen and Livia Jaen.
SUMMARY: The County acquired a 0.06 acre parcel of
vacant land in unincorporated Palm Beach County by Tax Deed in April 2004. The
parcel is located on Military Trail, north of Atlantic Avenue. This property
was deemed surplus because it serves no present or future County purpose. The 2009
assessed value of the parcel is $10,094.
Pursuant to Florida Statutes Section 125.35(2), the Board may effect a
private sale of the parcel upon a finding that the value of a parcel is $15,000
or less, as determined by the County Property Appraiser, and when due to its
size, shape, location and value it is of use to only one or more adjacent
property owners. In accordance with
Florida Statutes Section 125.35(2), notice of the County’s intent to sell this
parcel was sent to adjacent property owners who were given the opportunity to
bid on this parcel. Proposals were received from two (2) adjacent property
owners: (i) Ruben and Livia Jaen and (ii) Robert B. Moffie, with proposed
purchase prices of $10,000 and $1,050, respectively. Staff recommends a finding
by the Board that due to the parcel’s size, shape, location and value that it
is of use to only one or more adjacent property owners, and that the Board convey
this parcel to Ruben and Livia Jaen. Staff recommends the sale of this parcel
as it will: (i) lessen the County’s potential liability and maintenance
responsibilities; and (ii) return the parcel to the tax roll. The County will
retain mineral rights in accordance with Florida Statutes Section 270.11, but
will not retain rights of entry and exploration. (PREM) District 5 (HJF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: a Third Amendment to Memorandum of Understanding (MOU)
(R2004-2589) between the Department of Airports (DOA) and Facilities
Development & Operations (FDO) for use of Building 1169/Skychef at PBIA to
retroactively decrease the square footage and rent payable by FDO and terminate
the MOU as of December 31, 2009. SUMMARY:
The term of the current MOU for use of Building 1169/Skychef extends
until December 13, 2013. The Supervisor
of Elections (SOE) and other general government users, primarily PBSO occupied
the building through December 2009. SOE vacated 23,570 sq. ft. of Building
1169/Skychef in December 2009, for its leased Voter Equipment Center. The remainder of the users were relocated
into County-owned space, vacating the remaining 27,630 sq. ft. of Building
1169/Skychef as of December 31, 2009.
This Third Amendment to MOU for Building 1169/Skychef provides for: (i)
a decrease of square footage of the SOE premises, effective as of the date SOE
surrenders the SOE premises; (ii) the retroactive decrease in FDO’s rental
obligations for December 2009 to $18,662.65, plus a per diem rental fee of $515
calculated from December 1, 2009, through the date of surrender of the SOE premises;
and (iii) the termination of the MOU on December 31, 2009. The early surrender
of Building 1169/Skychef allows the remaining annual rent of approximately
$320,000 for FY 2010 and the annual rent of $453,871.04 for FY 2011-FY2013 to
be re-directed to offset a portion of the annual rental payments for the SOE at
its new leased Voter Equipment Center. (PREM) District 2 (HJF)
13. Staff recommends
motion to approve: a Declaration of Public Purpose acknowledging that a
3.65 acre parcel of land conveyed to the City of Boynton Beach (City) may be
used for the development of a public school.
SUMMARY: In May of 1977, the
Board approved the conveyance of 3.65 acres of land to the City (R77-458). The
property is located north of Boynton Beach Boulevard and east of I-95 on Galaxy
Way within the municipal boundaries of the City. The County Deed contained a
reverter restricting use to public purposes.
The property is currently used as a City Park and provides recreation
facilities for the Galaxy Elementary School located adjacent to and east of the
City Park. The City and the School Board are in the process of planning the
redevelopment of the City Park parcel and the Galaxy Elementary School. The plan is to construct the new school on
the Park, tear down the old school, and replace the recreation facilities on
the old school site. This Declaration of Public Purpose affirms that the use of
the City Park parcel for use as a public school is consistent with the public
purpose use restriction contained in the County Deed and such use will not
trigger a reverter of the parcel to the County.
This Declaration of Public Use will be recorded in the Public Records of
Palm Beach County. (PREM) District
7 (HJF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
14. Staff recommends
motion to:
A)
adopt
a Resolution authorizing the conveyance of the County=s interest in a 0.16
acre parcel of County-owned land in Pahokee to Christ Fellowship Healing Temple
Community Development Corporation, for $1,000 with reservation of mineral and
petroleum rights, but without rights of entry and exploration; and
B) approve a
County Deed in favor of Christ Fellowship Healing Temple Community Development
Corporation.
SUMMARY: The County acquired a 0.16 acre parcel of
vacant land, located at 798 Joe Lewis Avenue in unincorporated Pahokee, by Tax
Deed in July 2006. The parcel was deemed
surplus since it serves no present or future County purpose. The assessed value
of the parcel is $4,250. The Christ Fellowship Healing Temple Community
Development Corporation (Temple), a not-for-profit corporation, owns the
property immediately adjacent to and south of the County-owned vacant
parcel. The Temple plans to renovate its
facility to provide for community services, such as afterschool programs, job
placement referrals, counseling and recreational activities for the
elderly. However, the renovations
require additional land for the expansion of its facility and for parking. The Temple has requested the conveyance of
the County’s parcel. Notices were sent to all adjacent owners and the Temple
was the only respondent, which offered a purchase price of $1,000. Pursuant to
Section 125.38, Florida Statutes, the County is authorized to convey property
to a non-profit organization. The County
will retain mineral and petroleum rights in accordance with Section 2701.11,
Florida Statutes, but without rights of entry and exploration. Staff recommends the sale of this parcel as
it will: (i) lessen the County=s potential liability
and maintenance responsibilities; and (ii) provide social services to the
community. The property is being
conveyed to the Temple subject to an automatic reverter should the property not
be used in conjunction with the community service activities of the adjacent
church, and its successors in title, provided the successor in title is a not-for-profit
organization. (PREM) District 6
(HJF)
15. Staff recommends
motion to approve: a Second Amendment to
Memorandum of Understanding (MOU) (R2008-0961)
between Department of Airports (DOA) and Facilities Development &
Operations (FDO) for use of the Belvedere Road/5th Street property
to provide for FDO’s early surrender of a portion of the property and extended
use of a portion of the property. SUMMARY:
The current MOU for use of the Belvedere Road property provides for FDO’s
use of critical buildings through December 31, 2009, and other buildings
through December 31, 2010. This Second
Amendment to MOU provides for the realignment of the surrender dates for the
individual buildings to correspond with the completion dates of the replacement
facilities, specifically: (i) FDO’s early surrender of Buildings 507b and 509;
(ii) the extension of the term of FDO’s use and occupancy of Buildings 502, 505
and 508; and (iii) FDO’s provision of maintenance and security for the
unoccupied portions of the Belvedere Road property from January 1, 2010,
through December 31, 2010. This Second Amendment to MOU also provides for FDO’s
payment of an $85,548.75 rental fee for the term extension, which is being
offset by: (i) a $62,899.90 rental credit for the early surrender of Buildings
507b and 509; and (ii) DOA’s acceptance of FDO’s provision of maintenance and
security for the property in lieu of the remaining $22,747.85 rental fee, which
results in a zero dollar net fiscal impact. The Second Amendment also
acknowledges that the DOA and FDO have agreed to enter into a new agreement to
provide for FDO’s use and occupancy of Building 508 from January 1, 2011,
through December 31, 2014, at a fair market rental rate. (PREM) District 2
(HJF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
16. Staff recommends
motion to approve: Amendment Number Four to Lease Agreement
(R2000-2059) with Palm Coast Plaza, Inc., for the County’s continued use of
12,625 sq. ft. of office space in the Palm Coast Plaza at 3040-3044 South
Military Trail in Lake Worth. SUMMARY: Palm Tran currently leases 12,625 sq. ft. of
office space within the Palm Coast Plaza for the operation of Palm Tran
Connection (PTC). The current term of the Lease Agreement expires March 31,
2010, with two (2) remaining renewal options of two (2) years each. This
Amendment Number Four: i) exercises the
renewal option extending the term of the Lease to March 31, 2012; ii) maintains
the current rental rate through March 31, 2011, with 2% increases thereafter;
iii) documents Palm Coast Plaza, Inc., as the current owner of the Palm Coast Plaza
and updates the Notice provisions; iv) updates the Lease Agreement to include
the Disclosure of Beneficial Interests standard provision; and v) incorporates
fourteen (14) Federal Transit Administration (FTA) clauses in compliance with
the County’s 2008 Master Grant Agreement with the FTA. The County has the right
to terminate the Lease Agreement upon ninety (90) days written notice and
payment of a three (3) month rental penalty, in the event the County is no
longer obligated to provide special transportation services for individuals not
physically able to use regular County buses. All other terms of the Lease
Agreement remain in full force and effect. (PREM) District 3 (HJF)
17. Staff recommends
motion to approve: a County Deed in favor of Alro Metals Service Center
Corp. (Alro) reconveying real property located at 6200 Park of Commerce
Boulevard in Boca Raton in accordance with the terms of an Installment Sale
Agreement with Alro dated November 1, 1994, regarding payment of a
County-issued industrial development revenue bond. SUMMARY: Recently, Staff became aware that title to
the property located at 6200 Park of Commerce Boulevard is held by the County.
Upon investigation, Staff determined that the County issued a $3,000,000
Industrial Development Revenue Bond, 1984 Series (Bond) to finance an
industrial development project by Alro with a final maturity date of March 1,
2000. As security for the Bond, Alro
deeded the property underlying the project to the County. Property and Real Estate Management (PREM)
did not handle the Bond transaction and therefore, Staff obtained confirmation
from the County Attorney’s Office that Alro has paid off the Bond and has
satisfied all of its obligations in connection with the Bond. In order to comply with the terms of the
Installment Sale Agreement, the County must reconvey the property to Alro. The County will reconvey the property to Alro
without reservation of mineral rights since the property was conveyed to the
County as security for the bond.
(PREM) District 4 (HJF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
18. Staff recommends
motion to approve: First
Amendment to Temporary Construction Easement (TCE) in favor of the City of
Boynton Beach for the installation of a sewer force main within the County’s
Caloosa Park. SUMMARY:
The County’s Caloosa Park is located south of Woolbright Road on the
east side of Congress Avenue in Boynton Beach. On January 13, 2009, the County
approved a Temporary Construction Easement (R2009-0097) in favor of the City of
Boynton Beach to install a sewer force main on the eastern portion of the Park
property. The term of the TCE was for a
period of one (1) year and will expire on January 13, 2010. Due to unforeseen project development and
funding issues, the project has been delayed.
The City is therefore requesting an extension of the Temporary
Construction Easement until July 13, 2011, which should provide ample time to
work through all construction issues and complete the project. In exchange for granting the easements to the
City at no charge, the City has extended its reclaim waterline to the Park
boundary and will allow the County to connect without charge. The City will
also install a new landscape buffer along the western boundary of the
easement. Except for extension of the
expiration date, all terms and conditions of the TCE shall remain in full force
and effect. (PREM) District 3 (HJF)
19. Staff recommends
motion to approve: Work Order No. 09-177 with Robling Architecture
Construction, Inc. (R2007-1099) in the amount of $239,000.12 to remove the
existing bus shelter and construct a new bus shelter. SUMMARY:
On October 8, 2009,
the County entered into a License Agreement with the School Board of Palm Beach
County for the purpose of creating a transit transfer station for the western
communities adjacent to West Tech on State Road 715 in Belle Glade. The work contained in this Work Order
consists of removal of the existing bus shelter and the provision of all
design, civil and structural engineering, complete site work and construct a
new bus shelter approximately 18' x 17' including two (2) ADA compliant
sidewalks. This project is funded from the Federal Transit Administration Section 5307 Formula Funds. All applicable Federal certifications and
representations are required to meet grant specifications. This project also
has a Davis-Bacon requirement with a Disadvantaged Business Enterprise (DBE)
goal of 10%. The DBE participation in this Work Order
is 31%. The total construction duration is 90 days. Robling Architecture Construction, Inc. is a
Palm Beach County company. (FD&O
Admin) Countywide/District 6 (JM)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
20. Staff recommends
motion to:
A)
approve a Second Amendment to Lease Agreement with Bedner
Farm, Inc. (R2001-0582);
B)
approve a Second Amendment to Lease Agreement with Bowman
Growers, Inc. (R2001-0519);
C)
approve a Second Amendment to Lease Agreement with Bowman
Growers, Inc. (R2001-0517);
D)
approve a Second Amendment to Lease Agreement with Bowman
Growers, Inc. (R2001-0518);
E)
approve a Third Amendment to Lease with South Florida Water
Management District (SFWMD) and Pero Family Farms, LLC (R2002-1489);
F)
approve a First Amendment to Lease Agreement with Pero
Family Farms, LLC (R2001-1541);
G)
approve a First Amendment to Lease Agreement with Floral
Acres, LLC (R2002-0889);
H)
approve a First Amendment to Agricultural Lease Agreement
with K and M Nursery, Inc. (R2008-1009); and
I)
adopt eight (8) Resolutions authorizing the reduction of
rent for each of the foregoing Lease Amendments.
SUMMARY: Last year, the farmers and
nurserymen who lease property in the Ag Reserve from the County requested
reductions in the rent they pay the County.
On July 21, 2009 (R2009-1214), the Board approved rent reductions in the
Ag Reserve property to $500/acre for row crops (Bedner Farm, Bowman Growers and
Pero Family Farms) and $1,000/acre for nurseries (Floral Acres and K and M
Nursery). Pursuant to Board direction, the rent reductions were implemented in
July of 2009, and these Lease Amendments formalize the reductions. The County shall have the right each year to
obtain an appraisal of the current market rental rate and adjust the rent to
the then current market rate. The
farmers will also be required to furnish their row crop yields at the end of
each harvest season to provide further information with which to assess the
profitability of farming operations and the ability to pay rent. The Third Amendment to the Lease with SFWMD
and Pero Family Farms requires re-execution.
On February 3, 2009 (R2009-0249), the Third Amendment was approved;
however, prior to executing this document, Pero Family Farms converted its
corporate status to that of a limited liability company. (PREM) Districts 3
& 5 (HJF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Agreement
with the City of Pahokee for activity delivery costs in the amount of $85,032
for the period of October 1, 2009, to September 30, 2010. SUMMARY:
The Fiscal Year 2009-2010 Action Plan approved by the Board of County
Commissioners on July 21, 2009 (R2009-1207) allocated $85,000 of Community
Development Block Grant (CDBG) funds to the City of Pahokee for activity delivery costs associated with the implementation of eight (8)
CDBG funded housing rehabilitations and five (5) CDBG funded demolitions within
the City. Staff has evaluated the
activity proposed to be funded under this Agreement to, among other things, ensure
that the service to be provided is not duplicated by activities funded under
any other County Program or Agreement. This Agreement is retroactive to October
1, 2009, the start of Federal Fiscal Year 2009-2010. These are Federal CDBG funds that require no local match. District
6 (TKF)
2. Staff recommends motion to approve: Agreement with the Comprehensive Community Care Network, Inc., for renovations to their community health care center, in the amount of $300,000 for the period of December 15, 2009, through December 15, 2010. SUMMARY: The renovation work will include the replacement of roof-top air conditioning units, a new roof, fencing, cabinetry, sinks, interior partitions, an elevator keypad control panel, an overhead paging system, an electric entrance door, and a bike rack. The building is located at 2330 South Congress Avenue, in the Village of Palm Springs. This Agreement will provide $300,000 in Federal Community Development Block Grant funds which do not require local matching funds. District 3 (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: the Temporary
Deferral of the capital reimbursement portion of the Lake
Region Water Treatment Plant (LRWTP) billing to the Glades Utility Authority
(GUA) for the 2009-2010 fiscal year. SUMMARY: On February 3, 2004, the Board of County Commissioners approved
Agreements (R2004-0245, R2004-0246 and R2004-0247) with the Cities of Belle
Glade, Pahokee and South Bay (Cities) for the construction and operation of the
LRWTP. The Agreements required the
Cities to reimburse the County for the operational costs of the plant and to
pay any capital costs not paid through grants. The remaining capital cost
($24,800,000) was to be paid over 50 years at 2% interest. The monthly capital cost for Belle Glade was
$45,794.05 and $9,813.01 for both South Bay and Pahokee. On October 21, 2008, the Board approved the
deferral of the capital cost reimbursements for a one-year period in order to
assist the cities during the transition to the GUA. On October 1, 2009, the GUA
was formed and the ownership of the LRWTP and the liability for the capital
payments were transferred to the GUA.
The GUA Business Plan assumed that the deferral would continue through
FY 2009-2010, and the revenue from the capital cost reimbursement was not
included in the Water Utilities Department’s budget. However, specific authority from the Board
is needed to defer the capital cost reimbursement for an additional year to
assist the GUA in maintaining sufficient operating funds in accordance with the
Business Plan. Interest will continue to
accrue, and the capital payments will be reinstated beginning in October 2010. District 6 (MJ)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends
motion to approve: an Interlocal
Agreement with the Seacoast Utility Authority (Authority) for the temporary
provision of potable water and wastewater service to the North County Airport
(NCA). SUMMARY: This Agreement
permits the Water Utilities Department (WUD) to provide potable water and
wastewater service to the NCA, which is located in the Authority’s service
area. WUD currently operates and
maintains the on-site water plant, wastewater plant, and sewage lift stations
under an operating agreement with the Department of Airports (DOA) at a cost of
approximately $135,000 per year.
However, the NCA’s facilities will soon require significant capital
improvements which can be avoided by obtaining potable water and wastewater
service directly from WUD’s nearby lines.
DOA has agreed to pay the cost of the line extensions (approximately
$1,231,000), which will be partially funded through a federal grant. Under the Agreement with the Authority, WUD
will collect connection fees ($160,296.30) from DOA at the Authority’s rates
and hold the fees until such time as the Authority may reclaim its service
rights to the area. Interest on the
connection fees will be retained by WUD. DOA will pay WUD’s normal monthly
charges for base facility fees and commodity fees. District 1 (MJ)
3. Staff recommends
motion to approve: a First Amendment to the Agreement (R2008-0208) with
Cen West Communities, Inc. for Water Quality Monitoring (Agreement) for an
on-site water distribution system at Century Village – Boca Raton. SUMMARY: On February 5, 2008, the County
and Cen West Communities, Inc. (Century) entered into the Agreement
(R2008-0208) for an initial term of two (2) years. The Agreement is scheduled to expire on February
4, 2010; however, the County and Century have the option to extend the
Agreement for two (2) additional years if Century requests an extension in
writing sixty (60) days prior to expiration. Century has fulfilled this
requirement. The Water Utilities
Department requests Board approval in order to amend the Agreement and extend
the expiration date through February 4, 2012. Capital improvements required at
the facilities are not included in this Agreement and either party may cancel
the Agreement with a 90-day written notice. District 5 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. 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 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. No ad valorem support is required for this contract. Countywide (SF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve: Contract with Sunshine Land Design,
Inc. in the amount of $772,735.05 for the construction of the Bluegill Trail
from Riverbend Park to Sandhill Crane Park (FM No. 423809-1-58-01) Project No.
2009ERM08 (Project) in Palm Beach Gardens.
SUMMARY: Thirteen eligible bids were received to
construct this 5.3 mile-long bicycle, pedestrian and equestrian portion of the
Northeast Everglades Natural Area (NENA).
Sunshine Land Design, Inc., a Martin County company, was the lowest responsive, responsible bidder.
The Disadvantaged Business Enterprise (DBE) goal for this Project is 8.18%. The
Project is 100% federally funded with an American Recovery and Reinvestment Act
(Stimulus) grant administered through the Florida Department of Transportation
(R2009-1006). District 1 (JM)
3. Staff recommends motion to approve: Work Order No. 1666-04 to the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) with Eastman Aggregate Enterprises, LLC (Eastman), a Palm Beach County company, in the amount of $344,621.94 to provide restoration services for the Pondhawk Natural Area Restoration Project. SUMMARY: The BCC approved the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) on September 23, 2008. Work Order No. 1666-04 authorizes Eastman to provide excavation and grading services for the Pondhawk Natural Area Restoration Project. The Work Order is funded by the Natural Areas Project Fund, a non ad valorem source and the Parks Improvement Fund. Eastman’s Small Business Enterprise (SBE) participation on this Work Order is 11.39%. Their SBE contract goal is 16.14%. Eastman’s SBE participation to-date is 18.76%. District 4 (JM)
4. Staff recommends
motion to approve:
A) Amendment No. 1 to Grant Agreement No. 08PB3 with the Florida Department of Environmental Protection (FDEP) for increased cost-sharing on the Ocean Ridge Beach Nourishment (Project) from $492,302 to $517,994 and extension of the grant to June 30, 2012; and
B) Budget Amendment of $25,692 to recognize the revenue increase in the Beach Improvement Fund.
SUMMARY: FDEP Grant Agreement No. 08PB3 was executed by the Board of County Commissioners on January 13, 2009 (R2009-0115) for cost share on the design and permitting of the Project (up to $492,302). Under the terms of this grant, FDEP will reimburse 50% of the non-federal project costs. Amendment No. 1 authorizes FDEP to reimburse the County an additional $25,692 for physical monitoring costs on the Project and extends the grant expiration date through June 30, 2012. Local matching funds of $25,692 are required for Amendment No. 1, of which the County’s share is funded from a combination of tourist development tax and interest. District 4 (SF)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve:
A) Amendment No. 1 to Grant Agreement No. 09PB1 with the Florida Department of Environmental Protection (FDEP) for increased cost-sharing on the Jupiter/Carlin Shore Protection Project (Project) from $37,310.50 to $103,500 and extension of the grant to June 30, 2012; and
B) Budget Amendment of $66,189 to recognize the revenue increase in the Beach Improvement Fund.
SUMMARY: FDEP Grant Agreement No. 09PB1 was executed by the Board of County Commissioners on September 9, 2008 (R2008-1509) for cost share on the design and permitting of the Project (up to $37,310.50). Under the terms of this grant, FDEP will reimburse 50% of the non-federal project costs. Amendment No. 1 authorizes FDEP to reimburse the County an additional $66,189.50 for design and permitting costs on the Project and extends the grant expiration date through June 30, 2012. Local matching funds of $66,189.50 are required for Amendment No. 1, of which the County’s share is funded from a combination of tourist development tax and interest. District 1 (JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: First Amendment to Agreement (R2009-1191) with Palm Beach County PAL,
Incorporated for First Tee of the Glades golfing program to extend the project
completion date from July 30, 2009, to August 30, 2009. Summary: This
fully executed First Amendment to Agreement extends the project completion date
for this completed project in order to allow the County to continue with the
reimbursement process. The reimbursement
request was received before the deadline date of October 30, 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 $1,000, remain the
same. Funding for the project is from
the Recreation Assistance Program (RAP) District 6 Funds. District 6 (AH)
2. Staff recommends
motion to approve: Agreement
with the City of South Bay for the period January 12, 2010, through November
30, 2010, in an amount not-to-exceed $10,000 for the Glades Bay Bulldogs
football program and youth basketball program. Summary: This
funding is to offset the cost of youth football and basketball programs offered
by the City of South Bay. The programs
serve approximately 30 youth from ages 11 through 15. The Agreement allows for
reimbursement of eligible project costs incurred subsequent to September 1,
2009. Funding is from the Recreation Assistance Program (RAP) District 6 Funds.
District 6 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve: the Fourth Amendment with the City of Riviera
Beach (R2005-2435), for $100,000 for the contract period from October 1, 2009,
to September 30, 2010 to support the City of Riviera Beach “Weed and Seed”
efforts. SUMMARY: The Criminal
Justice Commission recommends the use of $100,000 from the Criminal Justice
Reserve Fund for the continuation of “seeding” services and to extend the
existing contract period to September 30, 2010. District 7 (DW)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2. Staff
recommends motion to approve:
A) a Contract with the non-profit corporation
known as The Children‘s Coalition, Inc., for $37,411 to provide juvenile intervention
services for the period from October 1, 2009, to September 30, 2010; and
B) a Budget Transfer of $37,411 in the Criminal Justice
Reserve Fund to establish budget for the project.
SUMMARY:
Alternatives to secure detention
will serve a targeted population of youth and families from low income, high
crime neighborhoods that are between the ages of 13 to 18 who are in a
“revolving door syndrome” with secure detention in Palm Beach County. The
project will also serve youth that are returning to the community from
residential commitment programs that are in need of additional services. Countywide
(DW)
3. Staff recommends
motion to:
A) receive and file a Grant from the Florida Department of Law
Enforcement for the Edward Byrne Memorial Justice Assistance Grant Program:
State Solicitation for the Young Women’s Christian Association (YWCA) of Palm
Beach County, a not-for-profit agency, for $20,000;
B) receive and file a Grant from the Florida Department of Law
Enforcement for the Edward Byrne Memorial Justice Assistance Grant Program:
State Solicitation for the NOPE Task Force, Inc. (NOPE), a not-for-profit
agency, for $40,000,
C) receive and file a Grant from the Florida Department of Law
Enforcement for the Edward Byrne Memorial Justice Assistance Grant Program:
State Solicitation for the City of Pahokee for $132,000;
D) approve a Contract
with the YWCA for $20,000 for the period of October 1, 2009, through September
30, 2010, for the provision of empowering girls and diverting them from the
juvenile justice system;
E) approve a Contract with NOPE
for $40,000 for the period of October 1, 2009, through September 30, 2010, for
the provision of substance abuse education to middle and high school students;
F)
approve
an Interlocal Agreement with the City of Pahokee for $132,000 for the period of
October 1, 2009, through September 30,
2010, for the provision of violence reduction and employment skills; and
G) approve
a Budget Amendment of $192,000 in the General Fund to establish budget for the
projects.
SUMMARY: The Criminal Justice
Commission is requesting the use of $192,000 from the federal FY ‘09 Edward
Byrne Memorial Justice Assistance Grant (JAG). Crime prevention services as
described below are being provided by the three (3) above named providers. The grant applications were executed by the
Board of County Commissioners on August 18, 2009 as resolutions: R2009-1321
(for the YWCA); R2009-1317 (for NOPE); and R2009-1314 (for the City of
Pahokee). There is no match requirement for JAG funds. Countywide (DW)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends motion to approve: Emergency Services Agreement for Mutual Assistance and Automatic Aid with Martin County. SUMMARY: On September 10, 2002, the County entered into an Emergency Services Agreement for Mutual Assistance and Automatic Aid with Martin County (R2002-1589). The Agreement providing for fire suppression, emergency medical services and other emergency services during extraordinary emergency events has expired. This new Agreement shall take effect upon execution by both parties and expire September 30, 2016. Approval of the Agreement authorizes the parties’ Fire Chiefs to meet and develop automatic aid plans and procedures, to be set forth in Letter(s) of Understanding between the Fire Chiefs, consistent with the Agreement. Countywide (SB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends motion to approve: renewal of Microsoft Enterprise Agreement with Software House International, Inc. (R2006-2755), pursuant to the State of Florida Term Contract Number 255-001-01-1, to provide software assurance in the amount of $389,469.30 per year, for a three (3) year period from October 1, 2009, to September 30, 2012. SUMMARY: The Microsoft Enterprise Agreement for software assurance provides the County with the right to the latest version of the software products purchased under the original Agreement. The County is requesting software assurance for the User Client Access Licenses which are necessary for users to access Active Directory, Exchange and SharePoint, and for various server software licenses previously purchased by the County. Due to budgetary limitations, the County will not be continuing coverage for the Operating System and Office Application licenses at this time. This will result in a reduction of $662,639 annually from the previous agreement amount, with the overall savings to the County of $1,987,917 over the three (3) year term of the Agreement. The Enterprise Agreement expired on October 1, 2009, however due to the uncertainty surrounding the funding of this item in the FY 2010 budget, Microsoft agreed to extend the renewal period to January 28, 2010. Software House International is not a Palm Beach County, nor a Florida-based business. Countywide (PK)
2. Staff recommends motion to approve: an Interlocal Agreement with the City of Boynton Beach to connect to the Palm Beach County Wide Area Network at an annual cost of $8,400 for the initial point of connection, for an initial term of one (1) year, with automatic one (1) year renewals thereafter unless notice is given by either party. SUMMARY: The Information Systems Services (ISS) Department has negotiated the proposed Interlocal Agreement with the City of Boynton Beach. This interconnection will enable Boynton Beach to connect to the County’s Network and thereby also gain access to the Florida LambdaRail network. This will provide greater bandwidth for Internet access and disaster recovery programs while reducing the City of Boynton Beach’s overall network costs. The City of Boynton Beach agrees to pay the County $8,400 annually as the initial connection fee to access the Palm Beach County network. Per Exhibit A of the Interlocal Agreements, fees for additional connections are set at $6,000 annually per connection. District 3 (PK)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to adopt: a Resolution to approve the revised 2009 Palm Beach
County Unified Local Mitigation Strategy (LMS) Plan. SUMMARY: The Federal Emergency Management Agency has
mandated that all LMS programs revise their plans every five (5) years to bring
them into compliance with federal guidelines established in response to the
Disaster Mitigation Act of 2000. Palm Beach County has successfully completed
its 2009 revision process and, pending evidence of formal adoption by the Board
of County Commissioners and its municipalities, participating local
jurisdictions will be eligible to apply for and receive federal pre-disaster
and post-disaster mitigation assistance funds. Countywide (GB)
2. Staff recommends
motion to:
A) adopt a Resolution authorizing the County
Administrator or his designee to sign and forward to the Florida Department of
Health, Bureau of Emergency Medical Services, the FY 2010 annual EMS County
Grant Application and County Distribution Agreement for $459,254;
B) authorize the County Administrator or his designee to
sign state budget transfer forms related to the grant;
C) approve
a Budget Amendment of $151,787 in
EMS Grant Fund to adjust budget to actual grant award.
SUMMARY: This is an annual grant provided to Palm
Beach County from the State of Florida Department of Health, Bureau of
Emergency Medical Services, to improve and expand the EMS system. The funds are distributed as reimbursement to
the EMS providers and will also fund the Palm Beach County Medical Communications
System. The EMS County Grant Award Program begins October 1, 2009 and concludes
September 30, 2010. No County match is required. Countywide (DW)
AA. PALM
TRAN
1. Staff recommends
motion to approve: Interlocal Agreement
with the Village of Wellington to reimburse, in part, Palm Beach County for the
delivery of door-to-door paratransit transportation services to Village of
Wellington residents with American with Disabilities Act (ADA) eligibility, in
an amount of $40,000 for the period of October 1, 2009, through September 30,
2010. Summary: This Interlocal Agreement with the
Village of Wellington will provide
paratransit services to residents
who are no longer eligible for Americans with Disabilities Act (ADA) paratransit
services due to the redefinition of the ADA core area. This Agreement takes
effect as of October 1, 2009, and expires September 30, 2010, in the amount of
$40,000. Countywide (DR)
2. Staff recommends
motion to approve: the First Amendment to the
Contract with WTC Backgrounds & Drug Testing, Inc., (R2007-0712) exercising
the County’s option to extend the Contract for one (1) additional year, with a
remaining one (1) year option to renew. WTC provides professional medical consultation, specimen collection and
laboratory and Medical Review Officer (MRO) services for Palm Tran’s drug free
workplace program in an amount not to exceed $21,000 per year. Summary:
The contractor will provide, on an as needed basis, specimen collection,
alcohol breath testing, specimen analysis, and MRO services. Unit pricing for
the various services shall remain the same throughout the performance period of
the Contract. Countywide (DR)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
AA. PALMTRAN
(Cont’d)
3. Staff recommends
motion to adopt: Resolution approving a Grant Application with the
Florida Department of Transportation (FDOT) to provide operating funding for
mass transit in the amount of $252,687 of Federal funds passed through the
State for the Lakes Region of Palm Beach County for the period of July 1, 2010,
to June 30, 2011. Summary: FDOT has notified Palm
Tran that the tentative allocation of Section 5311 funds for Palm Beach County
is $252,687 for non-urbanized areas for mass transit operating assistance. This is used to partially offset the
operating costs of mass transit in the Lakes Region of Palm Beach County. The operating costs of mass transit to the
Lakes Region include operating, maintenance, and administrative costs. This is the maximum amount of FDOT operating
assistance available to Palm Beach County for FY 2011 for mass transit services. The Grant Application for $505,374 requires
50% local match ($252,687 State, $252,687 Local funds) and execution of a
section 49 USC§ 5333 (b) assurance. Palm
Beach County provides the local funding from the local option gas tax. Grant
and match are included in the FY 2010 budget.
Countywide (DR)
4. Staff
recommends motion to:
A) adopt Resolution approving a Florida Department of
Transportation (FDOT) Five-Year Joint Participation Agreement (JPA) (FM No. 407184-1-84-06)
in the initial amount of $505,374 for FY 2010 ($252,687 State - $252,687 Local
Match) amount to be increased by the yearly allocations for the next five (5) years. This JPA provides operating funding for mass
transit of Federal Transit Administration (FTA) Section 5311 funds passed
through the State for the non-urbanized (Lakes Region) areas of Palm Beach
County, and authorizes the County Administrator or Palm Tran Director as the
appropriate staff to sign the interim year Notification of Funding form, on
behalf of the Board;
B) approve downward Budget Amendment of $125,967 in the Palm Tran Grants Fund in
order to reconcile the FY 2010 budget to the actual grant award from the
Florida Department of Transportation 5311 Program; and
C) approve downward Budget Amendment of $125,967 in the Palm Tran Operating Fund in order to
reconcile to the transfer made from the Palm Tran Grants Fund.
Summary: FDOT is providing a grant in the amount of $252,687
for non-urbanized areas for mass
transit operating assistance to Palm Beach County for FY 2010. This is used to partially offset the
operating costs of mass transit in non-urbanized areas of the County. The operating costs include operating,
maintenance, and administrative costs. The JPA will become effective upon
execution, with expiration date of December 31, 2014, unless an extension is requested and granted. The JPA requires a 50% match of $252,687 with
local funds. The local match for this
JPA is already included in Palm Tran’s FY 2010 budget. FDOT implemented Multi-Year JPAs for FTA
Section 5311 since FY 2005. A new JPA
will be created every five (5) years and in the interim years, an annual Notification
of Funding form is signed by FDOT and the Agency. The downward budget
amendments, items B and C, are due to a reduction of Statewide allocations in
5311 funding. Countywide (DR)
JANUARY 12, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf
of the Palm Beach County Sheriff’s Office, a National Association of Drug
Diversion Investigators, Inc. award, in the amount of $10,000 for the
Prescription Drug Abuse Enforcement Project FY 2009; and
B) approve a Budget Amendment
of $10,000 increasing the Sheriff’s Grants Fund.
SUMMARY: On October 8,
2009, the Palm Beach County Sheriff’s Office (PBSO) received an award from the National Association of Drug Diversion
Investigators, Inc. (NADDI) for the PBSO Public Service Campaign Project. The
funds provided will be used by PBSO’s Narcotics Division to conduct drug
diversion investigations and increase public awareness. There
is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
2. Staff recommends
motion to:
A) accept on behalf
of the Palm Beach County Sheriff’s Office, an Agreement with the City of West
Palm Beach for reimbursement of overtime cost, in the amount of $16,585,
associated with the Gramercy Village Weed and Seed Project FY 2010 for the
period of October 1, 2009, to September 30, 2010; and
B) approve a Budget
Amendment of $16,585 in the Sheriff’s Grant Fund.
SUMMARY: The City of
West Palm Beach, received an award from the United States Department of Justice
Office of Justice Programs for the Gramercy Village Weed and Seed Project FY
2010. On November 2, 2009, the Palm Beach
County Sheriff’s Office (PBSO) and the City of West Palm Beach entered into an
agreement to continue the Gramercy Village Community Area Multi-Agency Law
Enforcement Unit (MALEU). The objective
of the MALEU is to prevent, control, and reduce violent crime, drug abuse, and
gang activity in the Gramercy Village Community Area. Under this Agreement, the
Palm Beach County Sheriff’s Office will receive $16,585 in reimbursable funds
for overtime 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. District 7 (DW)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with
the City of Miramar, as the fiscal agent for the Ft. Lauderdale Urban Area
Security Initiative (UASI) to provide $336,900 in reimbursable funding for the
Regional Virtual Fusion Center effective until May 31, 2011; and
B) Approve a Budget Amendment of $336,900 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds and related equipment will be
used for the regional Virtual Fusion Center hosted by PBSO. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (DW)
* * * * * * * * * * * *
JANUARY 12, 2010
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
honoring the South Florida Super Bowl Host Committee in Palm Beach County.
(Sponsored by Commissioner Aaronson)
B. Proclamation
declaring February 21 – 28, 2010 as “Palm Beach County Saves Week” in Palm
Beach County. (Sponsored by Commissioner
Vana)
* * * * * * * * * * * *
JANUARY 12, 2010
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to:
A) adopt 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;
B) adopt a Resolution of the Board of County Commissioners of Palm Beach
County, Florida; establishing maximum rates for services related to non-consent
towing and recovery in Palm Beach County; establishing fees required by the
towing ordinance; establishing civil fines required by the towing ordinance;
establishing minimum levels of insurance required by the towing ordinance and
rescinding and repealing Resolution No. R2005-1023;
and
C) approve the addition of one (1) non-ad valorem part-time compliance
officer position (Pay Grade 24) to
assist in the enforcement of the Towing Ordinance.
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 to develop this proposal. Part B - Resolution
establishes or revises fees, maximum rates non-consent towing companies can
charge consumers, citation fines and minimum insurance levels. Part C – Requests
one additional part-time compliance officer position to assist inspecting towing
vehicles and providing follow-up to towing investigations during peak periods. Countywide
(GB)
JANUARY 12, 2010
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
B. Staff recommends
motion to adopt:
A) Ordinance rescinding Ordinance No. 2008-02 (which amended Ordinance No.
2006-029); and
B) Ordinance rescinding Ordinance No. 2006-28, consistent with the
Administration Commission’s Final Order in the administrative challenge styled,
Department of Community
Affairs, et al. vs. Palm Beach County et al., DOAH Case No. 06-4544GM,
relating to the site-specific Comprehensive Plan Amendments adopted for the
Balsamo property and the Lantana Farms property, respectively.
SUMMARY: Palm Beach County adopted
Comprehensive Plan Amendment Nos. LGA 2006-00002 (“Balsamo Amendment”) by
Ordinance No. 2006-028 and LGA 2006-00010 (“Lantana Farms Amendment”) by
Ordinance No. 2006-029 on August 21, 2006. The Balsamo Amendment re-designated
approximately 97.55 acres of land located on the north side of Northlake
Boulevard approximately 4,000 feet east of Coconut Boulevard from Rural
Residential-10 (“RR-10”) to Low Residential – 1 (“LR-1”) and included the
property within the Urban/Suburban Tier.
The Lantana Farms Amendment re-designated approximately 26.23 acres of
land located on Lantana Road and SR 7/US 441 from Rural Residential to Low
Residential and included the property within the Urban/Suburban Tier. Both
amendments were successfully challenged and the Administration Commission
issued a Final Order on December 10, 2009, concluding that the amendments were
“not in compliance.” The Final Order
directed the County to rescind both ordinances or face sanctions. District 6
(ATP)
* * * * * * * * * * * *
JANUARY 12, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
1. 211 Service
Delivery Report
2. Staff recommends
motion to approve: the Scripps Florida Phase II/Briger Proportionate
Share Agreement with the Lester Family Investments L.P., Richard Thall, Robert
Thall, Peter L. Briger, Paul H. Briger, and the David Minkin Florida Realty
Trust, collectively referred to as "Lester", with The City of Palm
Beach Gardens (City), The Florida Department of Transportation (FDOT) and the
Florida Turnpike Enterprise (FTE) subject to execution by each agency. SUMMARY: On May 2, 2006, the Board of County
Commissioners (BCC) approved the Grant Agreement with The Scripps Research
Institute. On February 28, 2006, the BCC approved an Agreement (R2006-0423) for
the donation and purchase and sale with Lester for 70 acres of property within
the Briger Property to be utilized by Scripps Florida. The Grant Agreement
requires the County to obtain entitlements on the 70 acres to facilitate the
construction of an additional 1.6 million square feet (SF) of bioscience use.
All required development order applications have been submitted to the required
corresponding agencies. It is anticipated that the final approval of the Development
of Regional Impact (DRI) will go before the City of Palm Beach Gardens City
Council on January 14, 2010. The County
and Lester desire to provide for proportionate share mitigation payments
pursuant to Section 163.3180(12) and Section 380.06, Florida Statutes, and Rule
9J-2.045(7), Florida Administrative Code, to address the traffic impacts
anticipated from development of the 863 acre project throughout build-out. The
County, FDOT, FTE and City have agreed to accept the proportionate share
payment in the amount of $22,206,098 as adequate mitigation for the
transportation impacts of the project on significantly impacted state and
regional roadways. Lester and the County have agreed that their respective
share of the total proportionate share obligation under this Agreement shall be
79.74% ($17,707,142) for the Lester Property and 20.26% ($4,498,955) percent
for the County/Scripps Property. To further advance the Bioscience Cluster, the
Agreement anticipates that the County will immediately initiate a project at
Donald Ross Road and I-95 with an estimated value of $6 Million. This will
satisfy the total proportionate share obligations for the 70 acre property. The
County will be fully repaid through road impact fees or other appropriate
mechanism when development occurs. Under the Grant Agreement, it is the
responsibility of Scripps to fund all costs related to the development of the
property. Funding of the Donald Ross Road/I-95 Improvements will come from
available District 1 Roadway Impact Fees. District 1 (MRE)
3. Staff recommends
motion to approve: a Countywide Community Revitalization Team (CCRT)
Area Reassessment Study and its recommendations. SUMMARY: The CCRT Area Reassessment Study provides an
update of the CCRT Community Needs Analysis (a/k/a 1997 Potential Target Areas
Report) and outlines the Office of Community Revitalization and CCRT recommendations
regarding continuing and future revitalization efforts based on the analysis
presented within the report. Countywide (AH)
JANUARY 12, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
4. Staff recommends
motion to approve: a
Contract with Palm Beach Community College Small Business Development Center
(SBDC) in the amount of $94,000 to
provide technical assistance and training to small businesses in Palm Beach
County for the period of October 1, 2009, through September 30, 2010. SUMMARY:
This Contract provides Palm Beach County’s Small Business Enterprise firms with
technical assistance and training in the form of direct consulting services in
the areas of finance, marketing, management, construction, human resources,
business plans and international trade.
In addition, SBDC provides local SBE’s with services that result in
federal certifications, such as 8(a), HUBZone and Small Disadvantaged Business;
identify federal contract opportunities for local small businesses; and assist
local businesses in submitting bids to local, state, and federal agencies. The total amount of this proposed Contract
for FY 2010 is $94,000 and is being made retroactive to October 1, 2009. An audit has been completed for contracted
services in FY 2009 and resulted in satisfactory performance. The FY 2009
performance and FY 2010 contracted performance is listed below. Countywide (TKF)
|
|
Deliverables
|
FY09 Contracted |
Achieved As
of 9/30/09 |
FY10 Contracted |
|
|
SBDC |
|
|
|
|
1 |
Management & Technical Assistance
Clients |
440 |
756 |
500 |
|
2 |
Loans
Approved |
$1,750,000 |
$1,800,000 |
$1,750,000 |
|
3 |
SBDC
Seminars |
4 |
4 |
4 |
|
|
PTAC |
|
|
|
|
4 |
Management &Technical Assistance
Clients |
65 |
355 |
125 |
|
5 |
Procurement Approved |
$3,500,000 |
$20,139,808 |
$5,000,000 |
|
6 |
Government Procurement Seminars |
16 |
17 |
16 |
|
7 |
Certification Training |
8 |
8 |
8 |
|
8 |
Review of RFP/Bid Process |
6 |
7 |
6 |
|
|
PBCC |
|
|
|
|
9 |
Quarterly
Report and Client Profile |
4 |
4 |
4 |
JANUARY 12, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to:
A) adopt a
Resolution supporting Signature HealthCARE LLC, and Signature Payroll Services
LLC, a wholly owned subsidiary, and entities leased to Signature Payroll
Services LLC, including but not limited to Signature Clinical Consulting
Services LLC, Signature Consulting Services LLC, SHC Construction Services LLC,
Signature Recruitment LLC, Integritas Professional Development Services LLC,
and Serenity Healthcare LLC, all hereinafter referred to as “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 of $45,564 excluding benefits, 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; 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 $45,564
excluding 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 over the
period of the grant. Under the
Qualified Target Industry (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
Board of County Commissioners (BCC) directed Staff to bring qualified companies
to the BCC for consideration. Florida is
competing with Kentucky and Tennessee for Signature’s headquarters
expansion. Signature’s expansion
involves an approximate $9.9 million land/building purchase. District 1 (DW)
6. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, establishing a policy on time limits for the development of facility projects owned and/or operated by a non-County entity, funded in part or in whole by the County. SUMMARY: This Resolution was developed at the request of Commissioner Aaronson with the approval of the Board of County Commissioners. The County periodically funds in part or in whole the development of facilities, including but not limited to parks and museums, which will be the ownership responsibility of other public or non-profit entities. It is wasteful to allocate funds to such projects if they do not proceed in a timely manner. The Board wishes to establish a policy to assure reasonable implementation timeframes. The Board hereby establishes a policy that requires the non-county owner/operator to submit an application for funding and to adhere to milestones for development. Countywide (PFK)
JANUARY 12, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
7. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners creating the Palm Beach County Inspector
General and Commission on Ethics Implementation Advisory Committee. SUMMARY:
During the development of the Inspector General, Ethics Commission and Code of
Ethics ordinances, staff worked with community groups that provided input
throughout the process. Various members of these groups recommended the
creation of an advisory committee to assist staff during the implementation of
the ordinances. The committee would be advisory in nature and would sunset in
one (1) year unless extended by the Board of County Commissioners. Countywide
(LB)
B. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A)
approve a Termination of Deposit Receipt and Contract for
Sale and Purchase dated May 6, 2008, with National Land Company, Inc. (National
Land) (R2008-0759); and
B)
accept an Access and Utility Easement from National Land
Company, Inc.
SUMMARY: On May 6, 2008, the
Board approved a Deposit Receipt and Contract for Sale and Purchase for the
sale of 4.85 acres of vacant landlocked County-owned surplus land at the north
end of Lake Ida Park to the adjacent landowner, National Land Company, Inc.,
for $1,600,000. Pursuant to the terms of
the contract, National Land deposited with the County $160,000 and was required
to close on the property by June 5, 2008. Although the contract was not
contingent on the buyer obtaining financing, National Land notified Staff that
it was having difficulty in obtaining financing and requested a delay in
closing. To date, National Land has been
unable to close on the contract. The
County’s parcel does not have legal access, and National Land has offered to
grant the County an Access and Utility Easement across National Land’s
adjoining property in exchange for the return of its $160,000 deposit and
termination of the contract. This
Easement provides the County a perpetual non-exclusive easement for utilities
and access to the public right-of-way at Diane Drive which will increase the
marketability of the County property.
Staff obtained an appraisal dated January 30, 2008, that valued the 4.85
acre County property at $1,994,000 assuming legal access, and at $1,237,000
without legal access. In May of 2009,
Staff obtained an addendum to the appraisal, which valued the Access and
Utility Easement at $92,000, assuming the worst case scenario where the County
would have to construct the road and install the utilities. Although the Board
has the right to retain the $160,000 deposit as liquidated damages as its sole
remedy under the contract, Staff recommends that the Board accept the Access
and Utility Easement in exchange for the return of the deposit. This
termination is contingent upon National Land providing a title policy insuring
the priority of the County’s interest in the Access and Utility Easement. (PREM)
Districts 3 & 4 (HJF)
2. Staff requests
Board direction: regarding a request by Mecca Farms, Inc. for the Board
to reconsider the effective date of termination of the Lease with Mecca Farms
of the 215-acre Amestoy property in the Ag Reserve (R2006-0906). SUMMARY: On July 21, 2009, the Board agreed to
terminate the Lease with Mecca Farms effective as of September 1, 2007. Mecca Farms did not make the payment due in
June of 2007, and would be required to pay rent for June, July and August of
2007, totaling $122,838.98 (through the effective date of termination). Mecca Farms is asking the Board to reconsider
its prior decision, and to terminate the Lease effective as of June 1,
2007. Due to water management permitting
issues, Mecca Farms ceased farming operations in May of 2007. Termination of
the Lease effective as of June 1, 2007, would coincide with cessation of
farming operations. (PREM) District 5 (HJF)
JANUARY 12, 2010
6. REGULAR
AGENDA
C. HOUSING AND COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Short Sale Policy Guidelines for the State Housing
Initiatives Partnership (SHIP) and the federal HOME first-time home buyer
assistance programs. SUMMARY: The
State Housing Initiatives Partnership (SHIP) and the federal HOME first-time
home buyer assistance programs provide second mortgage subsidy assistance to
eligible households who are first-time homebuyers. The SHIP program provides up to $150,000 in
second mortgage subsidy assistance, while the HOME program provides up to
$85,000. All assisted SHIP and HOME properties are encumbered with a 30 year
lien which requires full repayment of the second mortgage subsidy if the
assisted property is sold, transferred, or abandoned prior to the expiration of
the County’s 30 year lien. Recently an
increasing number of SHIP and HOME assisted home owners are seeking to sell
their properties through a “Short Sale” process. These homeowners are in dire financial
straits and are seriously at risk of losing their homes to foreclosure. Staff
is recommending these Short Sale Policy Guidelines which require the first
mortgage lender to repay the County $3,000 or eight percent (8%) of the
remaining balance owed on the County’s second mortgage, whichever is less.
Alternatively, the County’s encumbrance can be carried to a subsequent property
or subsequent eligible purchaser. Countywide (TKF)
2. Staff recommends motion to approve: Neighborhood Stabilization Program (NSP) residential first and second mortgage assistance in the amount of $213,100 to Sylvia L. Sharps, a County employee. SUMMARY: Sylvia L. Sharps is a single female who has been employed with Palm Beach County’s Water Utilities Department since March 2005. She is now seeking to purchase a home in the amount of $188,100, which is one percent (1%) below appraised value. The home is located at 8276 Blue Cypress Drive, Lake Worth, Florida 33467. The home contains 1,974 square feet with three (3) bedrooms and three (3) baths. Total cost for this residential purchase and repair is $221,430.47. This amount includes the purchase price of $188,100; repair costs of $22,030; and closing costs of $11,300.47. The applicant, Ms. Sharps, will provide $3,762 as her mandatory 2% down payment, plus $4,568.47 towards closing costs. Palm Beach County will provide a first mortgage loan of $188,100 for 30 years at four percent (4%) interest and a second mortgage of $25,000. The second mortgage requires no repayment if Ms. Sharps lives in the home as her principal place of residence for 30 years. These are Federal Funds that require no local match. District 7 (TKF)
JANUARY 12, 2010
6. REGULAR
AGENDA
D. WATER
UTILITIES
1. Staff recommends
motion to approve: a Two-Year Extension
to all Water Utilities Department Development Agreements and Renewal Agreements
that were originally scheduled to expire between September 1, 2008, and January
1, 2012. SUMMARY: Developers who meet
certain criteria as outlined in the Water Utilities Department’s Uniform
Policies and Procedures Manual (UPAP) are required to enter into Development
Agreements (Agreement) to reserve potable water, wastewater, and/or reclaimed
water capacity (Capacity) for their projects.
The terms of the Agreement require the submittal of a Mandatory
Agreement Payment (MAP) to reserve Capacity for a period of five years. Any
unused Capacity remaining in the Agreement after five (5) years can be renewed
for one (1) additional five (5) year term upon payment of another MAP and
execution of a Renewal Agreement. No
further renewals are available after ten (10) years. The ten (10) year expiration provision puts a
significant obstacle in the way of economic development in the current economic
environment. On January 13, 2009, the
Board approved a one (1) year extension for Agreements and Renewal Agreements
expiring between September 1, 2008, and September 30, 2013. The recently
enacted Section 14(1), Chapter 2009-96, Laws of Florida, provides for a two (2)
year extension for development orders and building permits expiring between
September 1, 2008, and January 1, 2012.
Although the County Attorney’s Office has determined that the law does
not apply to Water Utilities Department (WUD) Development Agreements, granting an
additional two (2) year extension will assist the development community while
not significantly impacting WUD’s operations. Countywide (MJ)
2. Staff recommends
motion to ratify: the signature of the County Administrator on an
application for Federal Assistance (SF-424) as “Co-Applicant” with the Glades
Utility Authority (GUA) for federal grant funding from the Department of
Commerce, Economic Development Administration, at no cost to Palm Beach County.
The application has been signed and submitted due to time constraints. SUMMARY: On August 5, 2009, the GUA submitted an
application to the Department of Commerce, Economic Development Administration
(EDA) for funding, estimated to total $5,320,000 that will be used to engineer
and construct critical wastewater infrastructure improvements to the existing
infrastructure system in Belle Glade and South Bay. The grant from the EDA in the amount of
$3,990,000 is planned to be matched with state and local grants received from
the Florida Department of Environmental Protection (WUD 09-1127), the South
Florida Water Management District (WUD 09-233), and Housing and Community
Development, Community Development Block Grants (WUD 07-099, WUD 09-041, and
WUD 09-040), in the amount of $3,990,000 of which all are approved. On November
13, 2009, the EDA informed the GUA that its grant application merited further
consideration and requested additional information by December 21, 2009. The EDA asked for the County to be a
co-applicant because of the extensive involvement by Palm Beach County in the
creation of the GUA. Due to this time constraint the County Administrator has
signed the application. District 6 (MJ)
E. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to deny: a request from the Village of Royal Palm Beach
(Village) to permit the Village to construct an extension of the berm across
the Madrid Street connection along Palm Beach County’s State Road 7 (SR 7)
Extension and to remove the paving and drainage improvements related to this
connection. SUMMARY: Denial of
this permit request would prohibit the Village from removing any improvements
related to the Madrid Street connection at SR 7 Extension and would not allow
the Village to construct a berm across this connection, within the SR7
Extension right of way. Districts 2
& 6 (MRE)
JANUARY 12, 2010
6. REGULAR
AGENDA
F. COMMUNITY
SERVICES
1. Staff recommends
motion to:
A) receive and file American Recovery and Reinvestment Act
(ARRA) Early Head Start Expansion (EHS) grant for the period of December 1,
2009, through September 29, 2010, in the amount of $1,214,364;
B) receive and file Child Care Food Program (CCFP) contract from
the State of Florida Department of Health for the period of October 1, 2009,
through September 30, 2010, in an amount of $950,000;
C) approve Budget Amendment of $1,411,175 in the Head
Start Fund to establish and reconcile the grant budget with the County budget;
D) approve 16 new grant funded positions.
Summary: The ARRA EHS expansion award (R2009-1495) and CCFP contract (R2009-1266)
have been signed by their respective entities and returned to Head Start. As they are now fully executed documents they
are required to be submitted to the Clerk’s office to note and file them in the
official records. As a result of the
ARRA funding, the EHS program will expand to serve an additional 91 infants,
toddlers and pregnant women. In
addition, 16 new positions as outlined are needed to ensure the program’s
continued quality of care. The positions
are approved for the length of the grant award and will be eliminated September
29, 2011, unless other funding is secured.
A budget amendment is needed to establish the budget which consists of
$1,214,364 from the ARRA EHS award and a required match of $303,591 (which
includes a cash match of $196,811 reallocated from the CCFP, $33,489 in-kind
from the Children’s Services Council, and County Cooperative Extension Services
and $73,291 from County in-kind generated from expansion costs of the West Palm
Beach Head Start Center). (Head Start) Countywide (TKF)
Needed Position Pay Grade FTE
4 Family Services Specialist
1 18
4
1 Curriculum Specialist 24
1
5 Child
Development Assistant 11
5
3 Child
Development Associate 1 13
3
1 Fiscal
Specialist 1 15 .5
1 Clerical
Specialist 12 .5
1 Head
Start Training Specialist 26 .5
* * * * * * * * * * * *
JANUARY 12, 2010
7. BOARD
APPOINTMENTS
A. Community Services
(Palm
Beach County HIV Comprehensive AIDS Resources Emergency Care Council)
1. Staff recommends
motion to approve: reappointment/appointment
of the following individuals to the Palm Beach County HIV Comprehensive AIDS
Resources Emergency (CARE) Council with expiration dates as indicated:
Seat No. Reappointment Seat Requirement Term
Expires
9 Kimberly Rommel-Enright Social Service Provider 02/17/11
14 Rosalyn
Collins Substance
Abuse Provider 12/17/11
19 Chris
LaCharite Affected
Community 12/ 17/11
28 Rafael Abadia Affected
Community 12/17/11
Seat No.
Appointment Seat Requirement Term Expires
3 Donald
Yost Community
Based 07/17/11
Organization
5 Dr.
Marlinda Jefferson Community
Based 12/17/11
Organization
7 Rechee Huff Social
Service Provider 07/17/11
8 Melissa Jenkins Social Service Provider 12/17/11
12 Hugo
Rocchia Social Service
Provider 12/17/11
31 Donald
Hilliard Non-Elected Community 12/17/11
Leader
32 Orlando
Carrasquillo Non-Elected Community 07/17/11
Leader
35 Brian
Sprague Non-Elected Community 07/17/11
Leader
37 Cindy
Barnes Non-Elected Community 07/17/11
Leader
39 William
Albury State Medicaid Agency 07/17/11
Summary: The Palm Beach
County HIV CARE Council Bylaws state that total membership shall be no more
than 45 and no less than 21 members.
Founding members were appointed for one (1) and two (2) year terms with
subsequent terms of two (2) years. The HIV CARE Council nominations process is an
open process with publicized criteria and legislatively defined conflict of
interest standards. The four (4)
reappointments and ten (10) appointments successfully completed the HIV CARE
Council nominations process, and the HIV CARE Council has recommended their
reappointment/appointment. (Ryan White) Countywide (TKF)
JANUARY 12, 2010
7. BOARD
APPOINTMENTS
A. Community SERVICES (Cont’d)
(Community
Action Advisory Board)
2. Staff recommends
motion to approve: appointment
of the following representatives
to the Community Action Advisory Board with
staggered ending terms as indicated:
Appointment Member Category Term Ending Nominated By
Deirdre Jacobs Public Sector 9/30/2011 Comm.
Taylor,
(At-Large) Comm.
Koons
Gary Hawkins Private Sector 9/30/2010
Comm.
Taylor,
Comm. Koons
Sheila Horne Private
Sector 9/30/2010 Comm.
Taylor,
Comm. Koons
Teresa Johnson Private Sector 9/30/2011 Comm.
Taylor,
Comm. Koons
Candace Walker Private Sector 9/30/2011 Comm.
Taylor,
Comm. Koons
Lomax Harrelle Private Sector 9/30/2012 Comm.
Abrams,
Comm. Taylor, Comm. Koons
Elaine Gulley Low Income 9/30/2010 Comm.
Taylor,
Comm. Koons
Carol Jennings Low Income 9/30/2010 Comm.
Taylor,
Comm. Koons
Theresa Jackson Low Income 9/30/2011 Comm.
Taylor,
Comm. Koons
Sharon Odums Low
Income 9/30/2012 Comm.
Taylor,
Comm. Koons
David Rolling Low Income 9/30/2012 Comm.
Taylor,
Comm. Koons
Summary: On September 15, 2009, the Board of County Commissioners approved a
resolution (R2009-1549) establishing the 15 member Community Action Advisory
Board. The Board consist of one-third elected public officials or their
representatives, one-third private sector representation and one-third
representation of low-income individuals and families residing in the
identified target areas. On November 20, 2009, written notice was sent to each
Commissioner to request nominations. The nominees above meet all applicable
guidelines and requirements outlined in the Community Services Block Grant
Contract establishing the ordinance. The Nominating Committee of the current
Community Action Advisory Board met on September 15, 2009 and November 17, 2009
to review and approve the nominees listed above. (Community Action Program) Countywide
(TKF)
JANUARY 12, 2010
7. BOARD
APPOINTMENTS
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
(Investment
Policy Committee)
1. Staff recommends
motion to approve: appointment
of one (1) new member to the Investment Policy Committee:
Nominee Seat No. Nominated
By
Allyson DuPree
Smith 3 Commissioner Taylor
SUMMARY: Barry Weiss has vacated his seat on the Investment Policy Committee
(IPC) and his seat on the Committee needs to be filled. The Committee is comprised of seven (7) members,
including a current member of the Board of County Commissioners, four (4) representatives
from the private sector approved by the Board of County Commissioners, a
designee of the Palm Beach County Sheriff’s Office, and an employee of the
Office of Financial Management and Budget selected by the County Administrator.
Commissioner Aaronson currently serves as the Board’s representative and as the
Committee’s Chairman. Countywide (PK)
C. PLANNING, ZONING AND BUILDING
(Construction
Industry Licensing Board)
1. Staff recommends
motion to approve: appointment of one (1) new member to the
Construction Industry Licensing Board (CILB):
Appoint
Seat No.
Requirement
Term Nominated
by
Ezra Saffold 11 Building Contractor 1/12/10-9/30/11 Comm. Abrams
Comm. Taylor
SUMMARY: The
Construction Industry Licensing Board was established by Special Act, Chapter
67‑1876, Laws of Florida as amended.
The Special Act sets forth the membership of the Board, which consists
of two (2) general contractors, one (1) member of the following categories;
building; residential; electrical; plumbing; HARV, roofing; swimming pool;
architect; engineer and a building official. In addition, F.S. § 489.131
requires that we have three (3) consumer representatives. Mr. Saffold has been recommended by the
Associated General Contractors of America, Inc. to complete the term for Mr.
John Albert who resigned due to family and business conflicts. The nomination
represents the seat for a Building Contractor member as cited in the Special
Act. A memorandum was sent to the Board of County Commissioners on December 1,
2009 advising of the vacant position; No other nominations were received. Countywide
(GB)
JANUARY 12, 2010
7. BOARD
APPOINTMENTS
D. CRIMINAL JUSTICE COMMISSION
(Criminal
Justice Commission)
1. Staff recommends
motion to approve: the
recommendations of the Economic Council to the Criminal Justice Commission for the
following:
Reappoint Nominee Seat No.
Term to Expire
Randy Johnson 31 12/31/12
Gerald Richman 28 12/31/12
Appoint Nominee
Seat No.
Term to Expire
Ms. Beth Kigel 29 12/31/12
SUMMARY:
The Criminal Justice Commission is comprised
of 33 members including elected officials and representatives from private and
public sectors. The 12 private sector
members are nominated for three (3) year terms by the Economic Council of Palm
Beach County, Inc. and appointed by the Board of County Commissioners. The
Council has nominated Ms. Beth Kigel for appointment, effective January 12,
2010. Countywide (DW)
E. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 12, 2010
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JANUARY 12, 2010
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
Certificate of Commendation to Bruno Faviero in honor and recognition
for receiving the highest score in the nation on the Cambridge International AS
Level Marine Science Exam.
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
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."