ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MARCH 9, 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 5 - 16)

 

4.         SPECIAL PRESENTATIONS - 9:30 A.M. (Page 17)

 

5.         REGULAR AGENDA (Pages 18 - 21)

 

6.         BOARD APPOINTMENTS (Pages 22 - 25)

 

7.         MATTERS BY THE PUBLIC (Page 26) 

 

8.         STAFF COMMENTS (Page 27)

 

9.         COMMISSIONER COMMENTS (Page 28)

 

10.       ADJOURNMENT (Page 28)

 

 

 

 

* * * * * * * * * * *

 


MARCH 9, 2010

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 5

            3A-1    A Film & TV Tech Prep Grant Agreement with the Palm Beach County Film & Television Commission

            3A-2    Resolution supporting the Regional Planning Councils of Southeast Florida in preparing a comprehensive joint application under the Federal Sustainable Communities Initiative

 

B. CLERK & COMPTROLLER

Page 5

            3B-1    Warrant list

            3B-2    Minutes: None

            3B-3    Contracts and claims settlements list

 

C. ENGINEERING & PUBLIC WORKS

Page 6

            3C-1   Interlocal Agreement with City of Boca Ration regarding Boca Raton Inlet improvements

            3C-2   Resolution vacating drainage easements in plat of Belrub Industrial Park

            3C-3   Resolution vacating utility easement in plat of Belrub Industrial Park

 

D. COUNTY ATTORNEY  -  None

 

E. COMMUNITY SERVICES

Page 6

            3E-1    Amendment No. 001 with Area Agency on Aging regarding volunteer stipend

Page 7

            3E-2    Sub Grant Agreement for Low Income Home Energy Assistance Program with Florida Department of Community Affairs for assistance with energy bills

 

F. AIRPORTS

Page 7

            3F-1    Resolution establishing standard form General Aviation Airport Aeronautical Activities Permit

            3F-2    Amendment No. 1 with Ricondo & Associates for planning and design services related to Airports Capital Improvement Program

Page 8

            3F-3    Receive and file seven (7) standard agreements for Department of Airports

            3F-4    Agreement for Purchase and Sale located near PBC Glades Airport

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 9

            3G-1   Budget Transfer to School Impact Fee Zone 2 account

           

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 9

            3H-1   Standard License Agreement for individuals or organizations to use County-owned property/facilities for commercial use

Page 10

            3H-2   Revised Standard Public Safety Training License Agreements

            3H-3   Change Order No. 8 with Catalfumo Construction regarding Okeechobee Library project

            3H-4   Change Order No. 28 with The Weitz Company regarding Lantana Road Library project

            3H-5   Change Order No. 11 with Catalfumo Construction regarding Royal Palm Beach Library project

Page   11

3H-6   Second Amendment with Bethesda Memorial Hospital for use of County’s 800MHz radio system

            3H-7   First Amendment with U.S. Dept. of Justice/FBI to provide fuel services

            3H-8   First Amendment with Dept. of Juvenile Justice to provide fuel services

Page 12

            3H-9   First Amendment with Tallman, LLC for lease of indoor/outdoor storage for PBSO

 

 

MARCH 9, 2010

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 12

            3I-1     Amendment No. 2 with Village of Palm Springs for security fencing around water treatment plant and sewage lift stations

            3I-2     Amendment No. 1 with City of Riviera Beach for reconstruction of West 23rd Street

Page 13

            3I-3     Agreement with Urban League of Palm Beach County for foreclosure mitigation counseling

 

J. PLANNING, ZONING & BUILDING 

Page 13

            3J-1    Addition of seven (7) Code Enforcement Special Masters to Special Masters Pool

 

K. WATER UTILITIES  -  None

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT 

Page 14

            3L-1    Receive and file two (2) documents for Dept. of Environmental Resources Management

            3L-2    Loxahatchee River Preservation Initiative Contract with SFWMD for Cypress Creek Phase III Restoration project

 

M. PARKS & RECREATION

Page 15

            3M-1   Budget Transfer to Okeeheelee Golf Course golf cart fleet

            3M-2   Receive and file ten (10) independent contractor agreements for Parks & Recreation

 

N. LIBRARY 

Page 16

            3N-1   Grant Agreement by the Florida Division of Library and Information Services for FY 2010 State Aid to Libraries

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION  -  None

 

R.  HUMAN RESOURCES  -  None

 

S. FIRE RESCUE  -  None

 

T. HEALTH DEPARTMENT -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None 

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY  -  None

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT -  None

 

AA. PALM TRAN  -  None

 


MARCH 9, 2010

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 17

            4A       Women’s History Month

            4B       National Week of Prayer for the Healing of AIDS

            4C       Florida Surveyors & Mappers Week

            4D       Sickle Cell Recognition Day

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 18

            5A-1    Convention Center Hotel Selection Committee Ranking of Respondents

 

            INTERNAL AUDITOR

Page 19

            5B-1    Palm Beach County Internal Audit Committee Ordinance

            5B-2    County Internal Auditor Ordinance

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 20

            5C-1   Florida Green Local Government Application

Page 21

            5C-2   Letter stating County’s intent to intervene at April 13, 2010 public hearing at the Martin County Board of County Commissioners regarding Bridgewater Preserve development

 

BOARD APPOINTMENTS  (Pages 22 - 25)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 26)

 

STAFF COMMENTS  (Page 27)

 

COMMISSIONER COMMENTS (Page 28)

 

ADJOURNMENT (Page 28)

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: $46,000 Film & TV Tech Prep Grant Agreement with the Palm Beach County Film & Television Commission (FTC) commencing March 18, 2010 and ending March 18, 2011.  SUMMARY: The objectives of the Palm Beach County Film & TV Technical Prep Program are to prepare high school students for career paths; to create future workforce in the film & television industry; to provide educational, financial and logistic resources for high school, college students and teachers through the Palm Beach County Film & Television Commission (FTC). This $46,000 Agreement with FTC will provide funding for operational, education and equipment expenses for conducting the Film & TV Tech Prep Program, which is entering its 14th year of operation.  This Grant will continue to develop the Film & TV Industry in Palm Beach County through an enhanced strategic plan drafted by educators and industry professionals. FTC provides $100,000 in-kind match through staff and service support, oversight services, and office space and computers. The FY 2010 Grant Agreement of $46,000 is reduced from last year’s level of $100,000.  These funds are included in the adopted budget for FY 2010. Countywide (DW)

 

 

2.         Staff recommends motion to adopt: a Resolution by the Board of County Commissioners of Palm Beach County, Florida supporting the Regional Planning Councils of Southeast Florida in preparing a comprehensive joint application under the Federal Sustainable Communities Initiative and establishing a working partnership agreement with appropriate water resource, housing, environmental and transportation agencies, local governments and private sector organizations.  SUMMARY:  On June 16, 2009, the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Transportation and the U.S. Environmental Protection Agency announced a new partnership to coordinate federal housing, environmental protection and transportation planning and investment. This partnership is looking to multidisciplinary regional councils of government to identify and coordinate regional strategies to ensure that housing and transportation goals are met while simultaneously protecting the environment, promoting equitable development, and helping to address the challenges of climate change.  This Resolution will provide support for the Regional Planning Councils of Southeast Florida comprised of Treasure Coast and the South Florida Regional Planning Councils to coordinate in an application for a Federal Sustainable Communities Initiative designed to establish a comprehensive regional plan or vision identifying critical projects and infrastructures to improve the Region’s sustainability and to be used as a guide by federal funding agencies to prioritize and focus future federal investment.  Any application for funding under the Sustainable Communities Initiative should be prepared in consultation with the appropriate water resource, housing, environmental, and transportation agencies, local governments and private sector organizations; and should include a formalized agreement among these entities to work cooperatively on the application and funded project. The application will be submitted to the HUD Office of Sustainable Housing & Communities prior to the anticipated “Notice of Funding Available” in March 2010. There is no local match required.  Countywide (DW)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners= meetings:  None

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller=s Office.  Countywide

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:

 

            A) an Interlocal Agreement with the City of Boca Raton (City) to reimburse $100,000 for improvements to the Boca Raton Inlet; and

 

B) a Budget Transfer of $100,000 in the Transportation Improvement fund from Reserve for District 4 to City of Boca Raton Inlet Dredging – District 4.

 

SUMMARY:  Approval of the Agreement and Budget Transfer will allow Palm Beach County to fund the dredging of the Boca Raton Inlet by the City. This will be the final reimbursement to the City for the improvement to the Boca Raton Inlet. District 4 (MRE)

 

 

2.         Staff recommends motion to adopt: a Resolution vacating a 40 foot wide drainage easement and a 12 foot wide drainage easement, located within the plat of Belrub Industrial Park, Plat No. 1, recorded in Plat Book 47, Page 124, Public Records of Palm Beach County, Florida.  SUMMARY:  Adoption of this Resolution will abandon unneeded drainage easements to allow the redevelopment of the site to be consistent with the approved site plan. The petition site is located on the south side of Belvedere Road, west of Sansbury’s Way, within Belrub Industrial Park.  District 6 (PK)

 

 

3.         Staff recommends motion to adopt: a Resolution vacating a portion of a 20 foot wide utility easement, as recorded in Official Record Book 11959, Page 1842, located within the plat of Belrub Industrial Park, Plat No. 1, recorded in Plat Book 47, Page 124, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow the vacation of the petition site to accommodate the construction of a new building. The petition site is located on the south side of Belvedere Road, west of Sansbury’s Way, within Belrub Industrial Park.  District 6 (PK)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: Amendment No. 001 to AAA-DOSS Collaborative Agreement (R2009-2118) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), effective November 1, 2009, with no expiration date, allowing for a $100 stipend per volunteer working 40 hours or more per month, providing in-home respite services. Summary:  This Amendment adds language inadvertently omitted from the original Partnership Agreement.  It will allow AAA to receive a $100 stipend payment per volunteer working at least 40 hours per month.  The stipend will be paid to the volunteers to assist with personal expenses including transportation costs and meals.  Under this partnership with the AAA, volunteers age 50 and older will be recruited, trained, and placed to deliver in-home respite services to frail seniors and their caregivers. The additional individuals to be served are frail elders who would otherwise be placed on a waitlist for services.  The in-home care creates an essential link to self-sufficiency in the community.  The funds being applied to this program have been transferred from a budget established to pay private vendors to perform the services.  This will provide a cost effective, innovative approach to serve more individuals with the same amount of funds. (DOSS) Countywide (TKF)

 

 


MARCH 9, 2010

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends to: 

 

A) approve Sub Grant Agreement for Low Income Home Energy Assistance Program (LIHEAP) with the State of Florida Department of Community Affairs (DCA) for the period March 1, 2010, through March 31, 2011, in an amount not-to-exceed $4,394,090 for energy assistance; and

 

B) approve Budget Amendment of $4,394,090 in the LIHEAP Program Fund to establish grant budget, contingent upon state execution of the grant agreement.

 

Summary:  LIHEAP funds of $4,394,090 will enable Palm Beach County Community Action Program to provide assistance to 10,120 low-income households with energy bills and crisis assistance to prevent service disconnection or restore utility assistance. No County funds are required. (Community Action Program) Countywide (TKF)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to adopt: a Resolution establishing a standard form General Aviation Airport Aeronautical Activities Permit (Permit); authorizing the County Administrator or his designee to execute the standard form Permit; authorizing the County Administrator or his designee to increase Permit fees and charges; and becoming effective upon adoption. SUMMARY: The Resolution establishes a new standard form Permit for use with general aviation aeronautical activities at the North County General Aviation Airport, Palm Beach County Park Airport and Palm Beach County Glades Airport, and authorizes the County Administrator or his designee to execute the standard form Permit on behalf of the Board.  The Resolution authorizes the County Administrator or his designee to increase Permit fees and charges annually.  Countywide (AH)

 

 

            2.         Staff recommends motion to approve: 

 

A) Amendment No. 1 to the General Consulting Agreement with Ricondo & Associates, Inc. for Consulting/Professional Services in an amount not to exceed $1,705,342 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program; and

 

B) a Budget Transfer of $1,705,342 in the Airports Improvement and Development Fund from Reserves to provide budget to fund the consulting contract.

 

SUMMARY:  The Consulting Agreement (R2009-1643) with Ricondo & Associates, Inc. for general airport planning and design was approved on October 6, 2009 in the amount of $1,723,324 in order to carry out the approved Capital Improvement Programs for the County’s Airports.  The agreement is for two (2) years with two (2) - one (1) year renewal options.  Approval of Amendment No. 1 in the amount of $1,705,342 will provide funds to complete the following tasks and services:  Task I Services – Palm Beach International Airport (PBIA)–Taxiway D Construction Field Services, PBIA–West Commercial Properties Appraisal, Acquisition & Phase I Environmental Site Assessments, PBIA-Concourse C Exit Improvements, PBIA–Miscellaneous Pavement Repairs Construction Field Services, Palm Beach County Park (LNA) Stormwater Master Plan & Conceptual Permit, LNA-Miscellaneous Airfield Pavement Rehabilitation, Miscellaneous General Aviation (GA) Airport Security Improvements-Phase I, and, PBIA-Parcel W-326 Appraisal, Acquisition & Phase I Environmental Site Assessment; Task III Services – Miscellaneous Architectural, Engineering and Planning Services. Certain tasks performed during the term of this Amendment may be eligible for State and Federal grant participation. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 31.19%. The total DBE contract goal including all amendments is 29.23%. Countywide (JCM)

  

MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to receive and file: seven (7) original Agreements for the Department of Airports:

 

A)  Hangar Lease Agreement with Cloud 9 Helicopters, LLC, Unit 9, Building 11210, at North County General Aviation Airport for one (1) year, automatically renewed at one (1) year intervals, commencing on November 23, 2009;

 

B) Hangar Lease Agreement with Victor Girgenti, Unit 14, Building 11220, at North County General Aviation Airport for one (1) year, automatically renewed at one (1) year intervals, commencing on January 1, 2010;

 

C) Hangar Lease Agreement with Jerry Sutow, Unit 5, Building 11200, at North County General Aviation Airport for one (1) year, automatically renewed at one (1) year intervals, commencing on December 19, 2009;

 

D) General Aeronautical Services Agreement with Aramatic Refreshment Services, Inc., commencing January 15, 2010, expiring September 30, 2010, automatically renewed on a year-to-year basis (10/1 through 9/30);

 

E) Automobile Transport Operator Permit with Bill’s Auto Transport, Inc., commencing December 1, 2009, terminating September 30, 2010, automatically renewed on a yearly basis (10/1 thru 9/30);

 

F) Automobile Transport Operator Permit with J.D.’s Transport, Inc. of South Florida, commencing January 4, 2010, terminating September 30, 2010, automatically renewed on a yearly basis (10/1 thru 9/30); and

 

G) License Agreement with Jet Aviation Associates Ltd. providing property solely and exclusively for temporary parking of operational vehicles, commencing January 20, 2010 at 12:00 p.m., expiring January 22, 2010 at 11:59 a.m.

 

SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the BCC in R93-801, R2007-2070, R2008-1845 and R2009-1960. Countywide (AH)

 

 

4.         Staff recommends motion to approve:  an Agreement for Purchase and Sale for the following property at a total cost of $27,000.  Said property is located on Bacom Point Road at Palm Beach County Glades Airport:

 

Flora W. Todd, Surviving Trustee

of the Clifton Lamar Todd, Sr. and

Flora W. Todd Revocable Trust Agreement

Dated July 17, 1997

Bacom Point Road                                     

Pahokee, FL 33476                                     Parcel P–5

Sales Price                                                    $ 27,000.00    

Replacement Housing                               $       N/A  

 

SUMMARY:  This agreement provides for the purchase of a .62 acre vacant parcel of land at the intersection of Airport Road and Bacom Point Road (SR 715) off the approach end of Runway 17 at Palm Beach County Glades Airport at a cost of $27,000. Countywide (HF)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a Budget Transfer of $36,000 from the School Impact Fee Zone 2 reserve account to the School Impact Fee Zone 2 appropriation account. SUMMARY: An applicant filed for bankruptcy, canceled permits for part of a proposed development project and applied for a refund of $57,874 of school impact fees paid in 2006. The Impact Fee Manager initially denied the application because the refund request did not meet Article 13 requirements. The applicant then filed a lawsuit against Palm Beach County Government.  Following a review of applicable bankruptcy laws and other pertinent factors, the School Board passed a Resolution authorizing Palm Beach County Government to pay the school impact fee refund out of school impact fee revenues on deposit with the County that would be remitted to the School District. This Budget Transfer allows for the appropriation of school impact fee revenues collected in a prior year so that the refund may be paid and the lawsuit resolved.  District 7  (LB)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) rescind Board Resolution No. 95-622 that authorizes the County Administrator to execute standard License Agreements applicable to the short term use of County-owned vacant land; and

 

B) approve a standard License Agreement for individuals or organizations to use County-owned property/facilities for commercial activities.

 

SUMMARY:  On May 2, 1995, the Board adopted Resolution No. 95-622 authorizing the County Administrator to execute standard License Agreements applicable to the short term use (up to one week) of County-owned vacant land.  Subsequent to the adoption of Resolution No. 95-622, the Board on October 22, 2002, adopted Ordinance No. 2002-067, the Palm Beach County Real Property Acquisition, Disposition and Leasing Ordinance (PREM Ordinance) which authorized the Director of the Facilities Development and Operations Department (FDO) or his/her designee to execute, on behalf of the Board, standard form License Agreements approved by the Board. This License Agreement establishes the standard terms and conditions under which an individual or organization (Applicant) may use County-owned facilities and/or vacant property for commercial activities for a term not to exceed ninety (90) consecutive days.  The Applicant must submit an application using the standard application which will become an attachment to the License Agreement.  Based on the type of activity identified on the application, special use conditions may be imposed that will be set forth on the application, which may include: (i) reasonable time, place and manner restrictions and/or (ii) modified insurance requirements upon the approval of the Risk Management Department.  Upon approval of the application by the Director of FDO, the License Agreement will be executed by the Director of FDO or his/her designee on behalf of the County. Applicants requesting use of County-owned property/facilities for commercial activities will pay a license fee to be determined by FDO on a case by case basis, unless Applicant can demonstrate to the satisfaction of FDO that (i) the activity is for the purpose of promoting community interest and welfare; and (ii) the Applicant will not realize a profit based on its use.  If the license fee is waived then Applicants shall pay a fee for reimbursement of overhead costs, if any.  Staff will notify the Board, prior to the execution of a License Agreement, of the license fee for any proposed activity where the fee is not waived.  (FDO Admin)  Countywide (HJF)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a revised standard Public Safety Training License Agreement for use with federal agencies; and

 

B) a revised standard Public Safety Training License Agreement for use with non-federal governmental agencies.

 

SUMMARY: On August 16, 2005, the Board approved: (i) a standard License Agreement for use when governmental public safety agencies request the use of County property/facilities to train their employees and (ii) the delegation of signature authority for execution of the License Agreement to the County Administrator or his designee.  Recently, the County has been receiving an increasing number of requests from federal agencies to conduct multi-agency public safety training, as well as from federal agencies who are unable to agree to the same indemnification and insurance provisions as other governmental agencies.  Thus, Staff is presenting two (2) standard form Public Safety Training License Agreements to replace the original standard Public Safety Training License Agreement, one for use with federal agencies and the other for use with non-federal governmental agencies. Both the federal and non-federal License Agreements permit the licensee to conduct training activities for its personnel, as well as other governmental agencies’ employees.  As previously delegated, the Director of Facilities Development & Operations will sign the License Agreement for use of County property/facilities on behalf of the County.  (FDO Admin) Countywide (JM)

 

 

3.         Staff recommends motion to approve: Change Order No. 8 to the Contract with Catalfumo Construction Ltd. (R2003-1543) decreasing the Guaranteed Maximum Price (GMP) for the Okeechobee Library by $168,449.07. SUMMARY: There is $168,449.07 remaining in the Contract contingency. Change Order No. 8 is for the final reconciliation of the Contract. The unused funds will be returned to the Library Expansion Program II, $30.5M GO 2003 Bond Revenue.  The final Small Business Enterprise participation is 27%.  (Capital Improvements Division)  District 2 (JM)

 

 

4.         Staff recommends motion to approve: Change Order No. 28 to the Contract with The Weitz Company (R2003-1542) decreasing the Guaranteed Maximum Price (GMP) for the Lantana Road Library project by $1,527,959.  SUMMARY: There is $1,527,959 remaining in the Contract contingency.  Change Order No. 28 will allow for closeout of this Contract.  The unused funds will be returned to the Library Expansion Program II, $30.5M GO 2003 Bond Revenue.  The final Small Business Enterprise participation is 21%.  (Capital Improvements Division) District 3  (JM)

 

 

5.         Staff recommends motion to approve:  Change Order No. 11 to the Contract with Catalfumo Construction, Ltd. (R2003-1543) decreasing the Guaranteed Maximum Price (GMP) for the Royal Palm Beach Library project by $1,191,418.06.  SUMMARY: There is $1,191,418.06 remaining in the Contract contingency.  Change Order No. 11 will allow for closeout of this Contract.  The unused funds will be returned to the Library Department. The final Small Business Enterprise participation is 30.7%. (Capital Improvements Division) District 6  (JM)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: a Second Amendment to the Agreement (R2004-0095) with Bethesda Memorial Hospital (Hospital) allowing for interoperable communications through the countywide and EMS common groups of the County’s 800MHz Radio System.  SUMMARY:  The Agreement which provides the terms and conditions under which the Hospital can program into its radios and utilize the countywide and EMS common talk groups for certain types of inter-agency communications expired on January 13, 2010.  The Agreement provides for three (3) – three (3) year renewals but renewals require approval by both parties.  The Hospital has approved a renewal to extend the term of the Agreement until January 12, 2013.  The renewal now requires Board approval.  The terms of the Agreement are standard and have been offered to hospitals and other EMS providers.  There are no charges associated with this Agreement.  The Hospital is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The Agreement may be terminated by either party, with or without cause.  (ESS) Countywide (JM)

 

 

7.         Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (R2005-1479) with the U.S. Department of Justice/Federal Bureau of Investigation (FBI) for the County to provide fuel services until August 15, 2015.  SUMMARY:  The Agreement under which the County provides fuel services to the FBI will expire on August 16, 2010.  The Agreement provides for one (1) – five (5) year renewal but renewals require approval by both parties.  FBI has approved a renewal to extend the term of the Agreement until August 15, 2015.  The renewal now requires Board approval.  The County does not require any additional staffing and/or equipment to extend this Agreement, and as such, this Agreement will result in increased revenues to Fleet Management. (Fleet) Countywide (JM)

 

 

8.         Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (R2005-1873) with the Department of Juvenile Justice (DJJ) for the County to provide fuel services until November 9, 2014.  SUMMARY:  The Agreement under which the County provides fuel services to the DJJ expired on November 10, 2009.  The Agreement provides for one (1) – five (5) year renewal but renewals require approval by both parties.  DJJ has approved a renewal to retroactively extend the term of the Agreement until November 9, 2014.  The renewal now requires Board approval. The County does not require any additional staffing and/or equipment to extend this Agreement, and as such, this Agreement will result in increased revenues to Fleet Management. (Fleet) Countywide (JM)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve: a First Amendment to Lease Agreement (R2007-0395) dated March 13, 2007, with Tallman, LLC to suspend for one (1) year the 3.5% annual rental increase, reduce the current rent by 10% and exercise the second of four (4) - one (1) year renewal options for approximately 10,990 square feet within the Murphy Towing Complex located at 6907 Southern Boulevard in unincorporated Palm Beach County at an annual rate of approximately $92,553.84.  SUMMARY:  The County, on behalf of Palm Beach County Sheriff’s Office (PBSO), currently leases approximately 4,990 square feet of indoor storage warehouse building and approximately 6,000 square feet of a paved outdoor storage area within the Murphy Towing Complex, located at 6907 Southern Boulevard in unincorporated Palm Beach County, for the operation of both indoor and outdoor secured vehicle storage.  The initial term of the Lease Agreement was for two (2) years ending on March 28, 2009, with four (4) extension options, each for a period of one (1) year.  On January 13, 2009, the Board exercised its first extension option (R2009-0095) extending the term through March 28, 2010. This First Amendment will exercise the second extension option, extending the term of the Lease Agreement for one (1) year from March 29, 2010, through March 28, 2011, suspend for one (1) year the 3.5% annual rent increase and reduce the current annual rent of $102,837.60 by 10% to $92,553.84. This Amendment will provide a total savings of $13,883.08. (PREM)  District 2  (HJF)

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2009-0997) with the Village of Palm Springs to extend the expiration date from January 31, 2010, to March 15, 2010.  SUMMARY: The Agreement provides the Village of Palm Springs, $150,000 in 2005 Disaster Recovery Initiative Program funds for the installation of security fencing around its water treatment plant and various sewage lift stations.  Bids have been obtained and a contract for the work has been awarded. The Amendment provides an extension of a month and a half to the term of the existing Agreement to allow for construction to be completed. These are Federal Community Development Block Grant funds that require no local match. District 3 (TKF)

 

 

2.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2009-0214) with the City of Riviera Beach, to extend the expiration date from January 31, 2010, to April 30, 2010.  SUMMARY:  This Amendment provides a three months extension to the term of the existing Agreement for the reconstruction of West 23rd Street, in the City of Riviera Beach. The City divided this project into two (2) segments due to the complexity of the utilities, limited right of way access, and water main testing requirements.  The first segment has been completed and is in service.  The second segment has been installed and the required testing is near completion. The time extension will allow the final completion of the work, and provide time to process the reimbursement of funds to the City. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT (Cont’d)

 

3.         Staff recommends motion to approve:  an Agreement with the Urban League of Palm Beach County in the amount of $95,000 under the Community Development Block Grant Recovery (CDBG-R) Program. Funds will be used to provide foreclosure mitigation counseling to low and moderate-income persons at its principal office located at 1700 North Australian Avenue, West Palm Beach. SUMMARY: $95,000 in CDBG-R funding was apportioned to the Urban League of Palm Beach County to operate a foreclosure mitigation counseling program for an estimated 400 families at-risk of losing their homes. The agency will offer counseling services and engage in negotiations with mortgage holders on behalf of its clients. The Agreement will be for the duration of one (1) year beginning on April 1, 2010 and ending March 31, 2011. Any funds not expended during that time will revert back to the County. These are Federal Community Development Block Grant Recovery funds that require no local match. Countywide (TKF)

 

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: the addition of seven (7) Code Enforcement Special Masters to the pool of special master candidates for a one (1) year term (March 9, 2010 – March 8, 2011).

 

Nominees                                                                

Carolyn S. Ansay, Esquire                        

Thomas H. Dougherty, Esquire   

Christy L. Goddeau, Esquire                                

James M. Serafino, Esquire         

David P. Slater, Esquire    

Alcolya J.L. St. Juste, Esquire      

Fred W. van Vonno, Esquire        

 

SUMMARY:  In October 1999, the BCC designated nine (9) attorneys to serve as a pool of Special Masters with the Code Enforcement Division.  While the BCC approves the addition of an individual to the pool of special masters, the County Administrator appoints individuals from this pool to serve and may reappoint at his discretion.  They have been rotated throughout the years to preside over Code Enforcement hearings.  Due to resignations, there are currently three (3) special masters remaining in the rotation. Countywide (GB)

 

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file: two (2) original documents for the Department of Environmental Resources Management:

 

A) Amendment No. 1 to the Interlocal Agreement (R2008-2215) for Law Enforcement Services with the City of Delray Beach to increase by one (1) the number of law enforcement officer(s) funded to patrol the waters of Delray Beach for boater violations associated with the Manatee Protection Plan; and

 

B) a fully executed Local Agency Program Agreement with the State of Florida Department of Transportation for reimbursement of construction costs of Historic Jupiter-Indiantown Trail from Mack Dairy Road to Indiantown Road.

 

SUMMARY:  A) On December 18, 2007, as part of the Manatee Protection Plan, the Board of County Commissioners approved a Resolution (R2007-2277) with a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in estuarine waters of Palm Beach County. Delegation of the Authority to execute these standard form Interlocal Agreements was approved on December 31, 2007, pursuant to PPM No. CW-O-051.  This Amendment increases the number of officers funded from one (1) to two (2). B) Due to time constraints on receipt of the executed document by the State, authorization for the Chairman of the Board of County Commissioners to execute this document was delegated on November 17, 2009 by the Board of County Commissioners. The Trail is a segment of the NENA system being funded entirely by Florida Stimulus Scenic Enhancement Funds from the American Recovery and Reinvestment Act. Districts 1 & 4  (SF)

 

 

2.         Staff recommends motion to:

 

A) approve Loxahatchee River Preservation Initiative Contract SAP No. 4600001905 with the South Florida Water Management District (District) for the Palm Beach County Cypress Creek Phase III Restoration Project, commencing upon execution in FY2010 for a period of one (1) year, in an amount not to exceed $350,000;

 

B) approve Budget Amendment of $700,000 in the Environmental Resources Capital Fund to recognize the $350,000 award and a $350,000 transfer from the Natural Areas Fund as match;

 

C) approve Budget Transfer of $350,000 in the Natural Areas Fund from Reserves to Transfer to the Environmental Resources Capital Fund; and

 

D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, 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: State matching funds, through the Loxahatchee River Preservation Initiative (LRPI) which are administered by the District, were requested.  The LRPI contract will provide $350,000 in funding for the Cypress Creek Phase III Restoration Project, on a reimbursement basis.  The County’s share of the $700,000 total project cost is $350,000 to be paid from the Natural Areas Fund, a non-ad valorem source.  The project proposes to remove invasive exotic vegetation and resculpture shell borrow pits to improve historic hydrologic connections and the functionality of the wetlands to allow them to store more water and help attenuate storm water surges to the Loxahatchee River.  It will also help reduce the threat of saltwater intrusion into the freshwater portions of the River, extend base flows to the River, and re-establish suitable habitat for listed species. District 1  (SF)

 

 

MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: Budget Transfer of $50,000 in the 1999 $25M GO Recreation & Cultural Bond Fund from John Prince Golf Learning Center to Okeeheelee Golf Course. SUMMARY: This Budget Transfer will fund the electrical infrastructure and energy conservation equipment needed to convert the Okeeheelee Golf Course golf cart fleet from gasoline power to cleaner more energy efficient electric carts.  District 6 (AH)

           

 

2.         Staff recommends motion to receive and file:  executed Independent Contractor             Agreements received during the months of January and February:

           

A) James Pate, Wheelchair Rugby Official, Therapeutic Recreation Complex for the period January 22, 2010, through January 25, 2010, in an amount not-to-exceed $630;

 

B) Bernard Crawford, Wheelchair Rugby Official, Therapeutic Recreation Complex for the period January 22, 2010, through January 25, 2010, in an amount not-to-exceed $630;

 

C) Aaron Banfield, Wheelchair Rugby Official, Therapeutic Recreation Complex for the period January 22, 2010, through January 25, 2010, in an amount not-to-exceed $640;

 

D) Robert Lopez, Wheelchair Rugby Official, Therapeutic Recreation Complex for the period January 22, 2010, through January 25, 2010, in an amount not-to-exceed $640;

 

E) John Bishop, Wheelchair Rugby Official, Therapeutic Recreation Complex for the period January 22, 2010, through January 25, 2010, in an amount not-to-exceed $630;

 

F) Frankie Thomas, Hip Hop Dance Instructor, Westgate Park & Recreation Center for the period February 10, 2010, through April 30, 2010, in an amount not-to-exceed $330;

 

G) Palm Beach County Officials Association, Inc., Volleyball Officials, West Boynton Park & Recreation Center for the period February 2, 2010, through March 24, 2010, in an amount not-to-exceed $1,728;

 

H) Michelle Kirkon, Read a Recipe for Literacy Instructor, Westgate Recreation Center for the period February 2, 2010, through March 24, 2010, in an amount not-to-exceed $800;

 

I) Michelle Kirkon, Read a Recipe for Literacy Instructor, West Jupiter Recreation Center for the period February 3, 2010, through March 25, 2010, in an amount not-to-exceed $800; and

 

J) Mary Lou Putnam, Water Exercise Instructor, North County Aquatic Complex for the period January 26, 2010, through January 25, 2011, in an amount not-to-exceed $9,900.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item.  The Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the Board to receive and file.  Districts 1, 2 & 3 (AH)

 


MARCH 9, 2010

 

 

3.         CONSENT AGENDA APPROVAL

 

 

N.        LIBRARY 

 

1.         Staff recommends motion to:

 

A) receive and file Grant Agreement in the amount of $889,077 awarded by the Florida Department of State, Division of Library and Information Services for FY 2010 State Aid to Libraries; and

 

B) approve a downward Budget Amendment of $53,799 in the County Library Fund to reconcile the State Aid to Libraries Grant Budget to the actual award amount.

 

Summary: The Application was approved and the Agreement was signed by the Board of County Commissioners on September 1, 2009 (R2009-1429 and R2009-1430).  Notification of the award was issued on January 5, 2010.  The State provides an annual operating grant to eligible libraries based upon their annual operating expenditures from local funds. Estimated State Aid revenue was included in the County Library=s FY 2010 budget. Countywide (TKF)

 

 

* * * * * * * * * * * *


MARCH 9, 2010

 

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.

 

 

            A.        Proclamation declaring March 2010 as “Women’s History Month” in Palm Beach County.  (Sponsored by Commissioner Marcus)

 

 

            B.        Proclamation declaring March 7 – 13, 2010 as “National Week of Prayer for the Healing of AIDS” in Palm Beach County.  (Sponsored by Commissioner Taylor)

 

 

            C.        Proclamation declaring March 21 – 27, 2010 as “Florida Surveyors & Mappers Week” in Palm Beach County.  (Sponsored by Commissioner Marcus)

 

 

            D.        Proclamation declaring March 6, 2010 as “Sickle Cell Recognition Day” in Palm Beach County.  (Sponsored by Commissioner Taylor)

 

 

* * * * * * * * * * * *


MARCH 9, 2010

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to: 

 

A) approve the Selection Committee’s ranking of the Respondent’s for the Development and Operation of the Palm Beach County Convention Center Hotel as follows: No.1: The Related Companies; No.2: FRI Investors, Inc./National Investment Company; No.3: Shiraz, Inc.; and No.4: Acquest Realty Advisors; and

 

B) direct Staff to begin discussions with The Related Companies regarding the financing for the project.

 

SUMMARY: Beginning on May 24, 2009, Staff advertised a Request for Qualification (RFQ) for the development of the Convention Center Hotel which established a submittal deadline of August 2, 2009.  A Pre-Submittal meeting was held on June 12, 2009 with over 70 people in attendance. Over 135 individuals obtained a copy of the RFQ. The RFQ required each Respondent to identify the Hotel Development/Operations Team consisting of: the Lead Developer, Hotel Operator/Hotel Brand, Architect, Financial Consultant/Advisor and the Construction Manager.

 

A total of five (5) Respondents submitted qualification packages including Acquest Realty Advisors, FRI Investors, Inc./National Investment Company, Grove Street Partners, The Related Companies and Shiraz, Inc.   Ultimately, all Respondents, except Grove Street Partners, were deemed responsive to the RFQ and forwarded to the Selection Committee.  On February 12, 2010, the Selection Committee observed presentations from the four (4) responsive Respondents and ranked them according to the Selection Criteria contained in the RFQ.  The Related Companies received a unanimous No. 1 ranking from all seven (7) Selection Committee members. Their team members include: the Hilton Hotel, Coastal Construction/Catalfumo Development, Architects Nichols Brosch Wurst Wolfe & Associates, Inc. and Financial Consultants Piper Jaffray & Company.  Some of the key factors relating to their unanimous ranking include the financial strength of the company, their demonstrated successful experience executing high profile public/private projects, their team’s qualifications, their local investment in City Place, an excellent relationship with the City of West Palm Beach, a site plan that builds off of the approved Level III Site Plan for the hotel site and the potential for an expansion of the hotel.

 

Over the next four (4) to six (6) months it is envisioned that three (3) separate Agenda Items will be presented to the Board of County Commissioners relative to moving this project forward. The first Agenda Item is this item. The second Agenda Item will seek approval/rejection/direction regarding the financing of the hotel and direction to Staff to begin contract negotiations. The third Agenda Item will seek approval/rejection/direction regarding the contract agreements. It is estimated that this project will create over 360 construction jobs for approximately two (2) years and 300 permanent full-time jobs once the facility is operational. Countywide (JM/HJF)

 

 

           


MARCH 9, 2010

 

 

5.         REGULAR AGENDA

 

 

B.        INTERNAL AUDITOR

 

1.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on March 23, 2010 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, providing for title; providing for the establishment, purpose, authority, composition, meetings and responsibilities of the Palm Beach County Internal Audit Committee; providing for repeal of laws in conflict and repealing Resolution R2005-325 in its entirety; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date.  SUMMARY: The Audit Committee has been conducting a review of its duties and responsibilities as well as considering how to enhance the independence of the Committee from the agencies for which it has oversight authority.  The ordinance replaces the present audit committee members who are primarily insiders with five private citizens to be appointed by the Board of County Commissioners. The ordinance also enhances the Committee’s responsibilities regarding oversight of the internal audit function and review of management’s system of internal controls, and establishes term limits and reporting requirements for the Committee. Countywide (PFK)

 

 

2.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on March 23, 2010 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, providing for title; providing for general matters, duties, responsibilities and independence of the County Internal Auditor; providing for  repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date.  SUMMARY: The Audit Committee has been conducting a review of its duties and responsibilities as well as considering how to enhance the independence of the Committee from the agencies for which it has oversight authority. As part of this review, the Committee also reviewed the duties, responsibility and authority of the County Internal Auditor.  The ordinance expands the Internal Auditor’s responsibility for monitoring and reporting on operational risks and management’s risk control policies and procedures. The ordinance also reinforces the Internal Auditor’s independence from the County Administrator.  The ordinance also requires that audit reports be posted on the County’s internet website. Countywide (PFK)

 

 


MARCH 9, 2010

 

 

5.         REGULAR AGENDA

 

 

C.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to:

 

A) authorize the Department of Environmental Resources Management (ERM) to submit a Florida Green Local Government Application on behalf of the County and to advance the certification level from an expected Silver Certification to Gold Certification within 3-5 years;

 

B) authorize existing ERM staff to: 1) serve in an environmental sustainability coordination role for the County; 2) lead the regional climate change initiative coordination on behalf of the County with primary support from the Water Utilities Department; 3) work cooperatively with the Office of Economic Development, Facilities Development & Operations, Planning Zoning & Building Department, the Solid Waste Authority and other County departments/agencies to formalize and expand the County’s Energy Efficiency and Conservation Strategy; 4) assume responsibility for coordination of recommendations of the Green Task Force (GTF) on Environmental Sustainability & Conservation; and 5) create interdepartmental coordinating groups or teams to implement the above;

 

C) adopt a Resolution authorizing the Clerk to disburse $38,000 from the Pollution Recovery Trust Fund (PRTF) for application and membership expenses for the County to become a Certified Florida Green Local Government for five (5) years; and

 

D) approve a $38,000 Budget Transfer within the PRTF from reserves to the Environmental Sustainability Initiative.

 

SUMMARY:  The GTF Report recommends that the County establish a greenhouse gas (GHG) emission baseline from which measurable reporting of reductions can be obtained (GTF Report Recommendation No. 3).  The Southeast Regional Climate Change Compact also committed the County to obtaining a GHG emissions baseline.  Becoming a Florida Green Local Government will provide the means of establishing baseline emissions data using Clean Air and Climate Protection software. The Inventory of Environmental Sustainability Initiatives suggests that the County would qualify as Certified Silver.  The PRTF, a non ad valorem source, will cover application and membership costs for five (5) years.  Using reallocated staff time, ERM would serve in a lead coordinative role with the necessary support from participating departments to complete the application process, advance certification, establish a GHG emissions baseline, further develop an Energy Efficiency and Conservation Strategy, address GTF recommendations and support regional climate change initiatives. Countywide (SF)

 

 


MARCH 9, 2010

 

 

5.         REGULAR AGENDA

 

 

C.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to authorize:

 

A) the Chair to sign a letter stating the County’s intent to intervene in the April 13, 2010 public hearing at the Martin County Board of County Commissioners for the owner-requested Future Land Use Map amendment and zoning designation change for the Bridgewater Preserve development in Martin County and the owner-requested extension of the Secondary Urban Service District boundary to include the site and expressing the County’s concerns related to the potential adverse effects of the increased density that could result from the requested changes on the wildlife/greenway corridor on the site, which the County is required to maintain in perpetuity, and on other environmental resources; and

 

B) the Director of the Department of Environmental Resources Management, or his designee, to present the County’s concerns as an Intervenor at the April 13, 2010 public hearing and to continue such efforts as may be necessary at additional public hearings or meetings during the course of Martin County’s process for review of the requested changes and possible plat and site plan amendments.

 

SUMMARY: Staff submitted a letter indicating the County’s intent to intervene at the January 21, 2010 Martin County Local Planning Agency public hearing and to oppose the three (3) changes requested by Bridgewater Ventures, LLC, the owner of the Bridgewater Preserve property.  Staff also submitted the required Request to Intervene form for the hearing and gave a brief Intervenor presentation at the hearing.  Copies of the letter were sent to Commissioner Karen T. Marcus (District 1), the County Attorney’s Office, and the County Administrator prior to the public hearing.  At the public hearing, a member of the Local Planning Agency tried to discredit the staff presentation by expressing doubt that Palm Beach County supported the intervention, since the Request to Intervene form and presentation were submitted by a County department and not by the Board.  Therefore, staff believes that it would be appropriate to have the Board submit the comment letter on the requested changes and the Request to Intervene form to Martin County for the April 13 public hearing for the transmittal of the comprehensive plan amendments. District 1  (SF)

 

 

* * * * * * * * * * * *


MARCH 9, 2010

 

 

6.         BOARD APPOINTMENTS

 

 

            A.        PUBLIC SAFETY

                        (Consumer Affairs Hearing Board)

 

1.         Staff recommends motion to approve: appointment of two (2) new members and reappointment of one (1) member to the countywide Consumer Affairs Hearing Board for a term of two (2) years expiring March 9, 2012 as follows:

 

Nominee:                  TERM                        SEAT NO.     REQUIREMENT:     RECOMMENDED BY:

James Waldron        1st                         6                 PBC Citizen              Commissioner Priscilla Taylor

Wayne Picone          1st                         4                 PBC Citizen              Commissioner Jeff Koons

 

REAPPOINTMENT:       TERM            SEAT NO.     REQUIREMENT:    RECOMMENDED BY:

Philip Shapkin         3rd                         7                 PBC Citizen              Commissioner Jeff Koons

 

SUMMARY: Palm Beach County Consumer Affairs Ordinance 72-10 established a Hearing Board. The nine (9) members of the Board are selected for countywide representation and serve two (2) year terms for a maximum of six (6) years.  The Board serves in both an advisory capacity to the County Commissioners and as an Appeals Board to hear and act on consumer concerns about unfair/deceptive business practices and appeals relating to the towing, vehicle for hire, moving and price gouging ordinances. The Hearing Board represents various trades, organizations and the general public. NOTE: After these three (3) appointments, the Hearing Board still needs two (2) nominees to fill all positions – 1) special/technical, 2) certified contractor. With approval of this motion the Hearing Board will have seven (7) of nine (9) appointed/active members. Countywide (GB)

 

 

B.        ENVIRONMENTAL RESOURCES MANAGEMENT

                        (Groundwater and Natural Resources Protection Board)

 

1.         Staff recommends motion to approve:  the reappointment/appointment of one (1) at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) for a term of three (3) years beginning March 9, 2010, through March 8, 2013:

 

Nominee                   Representing                      Seat No.        Nominated By

 

Reappointment

James Andersen     Concerned Citizen of               5                 Comm. Marcus

                                    Palm Beach County                                                Comm. Koons

 

                                                                        OR

 

Appointment

Art Cobb                    Concerned Citizen of               5                 Comm. Taylor

                                    Palm Beach County

 

SUMMARY:  Ordinance 92-20 and Article 17.C.6. of the Unified Land Development Code (ULDC) provide for a seven (7) member GNRPB. The membership consists of one (1) professional engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one (1) biologist or chemist, one (1) concerned citizen of Palm Beach County, and one (1) member of an environmental organization.  Ordinance 92-20 and Article 17.C.6 of the ULDC requires Seat No. 5 to be filled by a concerned citizen of Palm Beach County.  No other nominations were received. Countywide (SF)


MARCH 9, 2010

 

 

6.         BOARD APPOINTMENTS

 

 

            C.        WATER UTILITIES

                        (Water Utilities Advisory Board)

 

1.         Staff recommends motion to approve:  the appointment of one (1) at-large member to the Water Utilities Advisory Board for a term of 3 years effective March 9, 2010, through March 8, 2013:

 

                                    Nominee       Seat No         Requirements                     Nominated by

 

                                    Marco Bell           11              Royal Palm Beach              Village - Royal Palm           Beach                                                                                          Appointee Current

                                                                                    WUD Customer

 

SUMMARY:  On May 16, 2006, the Board of County Commissioners adopted Resolution No. R2006-0867 establishing an 11th seat on the Water Utilities Department’s Advisory Board (WUAB) to represent the new customers obtained from the acquisition of the Royal Palm Beach Utility Service Area.  Pursuant to the WUAB Resolution, the Royal Palm Beach member is to be appointed by the Village of Royal Palm Beach Village Council, and confirmed by the Board of County Commissioners.  The Village of Royal Palm Village Council has nominated Marco Bell for this position to fill the vacancy left by Fred Rapach who resigned in November 2009. Countywide (MJ)

 

 

            D.        COMMUNITY SERVICES

                        (Homeless Advisory Board)

 

1.         Staff recommends motion to approve: appointment of the following community and business representatives to the Homeless Advisory Board effective March 9, 2010, filling an unexpired term ending November 5, 2011:

 

Seat No.                    Appointment                                    Member Category

 

36                                Charleen Szabo                               General Representative

 

Summary:  On May 1, 2007, the Board of County Commissioners approved a resolution establishing the Homeless Advisory Board. The Advisory Board consists of 16 core members who are principally elected officials or agency heads (or their designees) and 20 community and business members.  The community and business member seats are broken down as follows: seven (7) business representatives; three (3) private foundation representatives; four (4) formerly homeless representatives; one (1) faith-based community representative; one (1) philanthropist; one (1) housing authority representative; one (1) hospital executive officer: and two (2) general members.  In accordance with the establishing resolution, the community and business representatives to this advisory board are nominated by the core members.  Charleen Szabo will complete the term of the seat vacated by Rev. Dr. Gary Leopard. This nomination was approved by the core members on February 17, 2010. Countywide (TKF)


MARCH 9, 2010

 

 

6.         BOARD APPOINTMENTS

 

 

            E.        ADMINISTRATION

                        (Small Business Assistance Advisory Committee)

 

1.         Staff recommends motion to approve: reappointment of three (3) individuals to the Small Business Assistance Advisory Committee, for the terms indicated below:

 

            Nominee       Seat                Designation                                 Term                  Nominated By 

           

Evelyn Parkes     2                    Certified Hispanic                      03/09/2010-09/30/2013   Comm. Aaronson

                                                            Business Owner                                                            Comm. Koons

                                                                                                                                                Comm. Marcus

                                                                                                                                                Comm. Taylor

                                                                                                                                                Comm. Vana

 

            Scott Johnson  11                     The Associated General             03/09/2010-09/30/2013   Comm. Aaronson

                                                            Contractors of America                                                  Comm. Koons

                                                                                                                                                Comm. Marcus

                                                                                                                                                Comm. Taylor

                                                                                                                                                The Associated General

                                                                                                                                                Contractors of America

 

            Laurie Rogers      8                    National Association of             03/09/2010-09/30/2013   Comm. Aaronson

                                                            Women in Construction                                                  Comm. Koons

                                                                                                                                                Comm. Marcus

                                                                                                                                                Comm. Taylor

                                                                                                                                                National Association of

                                                                                                                                                Women in Construction

 

SUMMARY: The SBA Advisory Committee was established Section 2.80.32, as amended, of the Palm Beach County Code. The committee consists of 14 members representing one (1) black business owner certified as a small business by the County; one (1) Hispanic business owner certified as a small business by the County; one (1) woman business owner certified as a small business by the County; one (1) white male business owner certified as a small business by the County; one (1) business owner domiciled in Palm Beach County; one (1) representative of the Palm Beach County Resource Center; one (1) representative of the Hispanic Chamber of Commerce; one (1) representative of the National Association of Women in Construction; one (1) representative of a Women’s Business Organization; one (1) certified minority contractor; one (1) representative of The Associated General Contractors of America; one (1) representative of the Small Business Development Center; one (1) representative of the Business Loan Fund of the Palm Beaches; and one (1) representative of a black chamber of commerce. 

 

Representatives of Seat Numbers 2, 8 and 11 are available because the incumbents’ seats expired. All of the representatives have expressed a desire to continue in the same capacity.  The Certified Hispanic Business Owner, The National Association of Women in Construction (NAWIC), The Associated General Contractors of America (AGC), and the SBA Advisory Committee support this effort.  A memo was sent to the Board of County Commissioners on January 8, 2010 which requested nominations to the committee for Seat Number 8 for National Organization of Women in Construction and Seat Number 11 for Associated General Contractors.  A memo was sent to the Board of County Commissioners on February 10, 2010 which requested nominations to the committee for Seat Number 2 for the Certified Hispanic Business Owner. No other nominations were received. Countywide (TKF)


MARCH 9, 2010

 

 

6.         BOARD APPOINTMENTS

 

 

            E.        ADMINISTRATION (Cont’d)

                        (Water Resources Task Force)

 

2.         Staff recommends motion to  ratify: Albrey Arrington of the Loxahatchee River District and David Brown of the Town of Jupiter Utilities Department as the Member and alternate (Seat No. 8), respectively, on the Palm Beach County Water Resources Task Force representing Special Independent District Water/Wastewater Providers, effective March 9, 2010. SUMMARY: The Water Resources Task Force is comprised of 13 members: six (6) City elected officials; one (1) County Commissioner; one (1) special independent district water and/or wastewater provider; one Lake Worth Drainage District representative; one (1) drainage/water control district; one (1) South Florida Water Management District governing board member; one (1) environmental representative; and one (1) land owner actively farming to represent the agricultural interests.  The Resolution also allowed for designated alternates.  Due to a resignation by one (1) of the members on the Palm Beach County Water Resources Task Force that represented water/wastewater providers, a new member and alternate needs to be ratified by the Board of County Commission per Resolution R2008-1810 that created the Task Force. The current alternate has agreed to be the member and a new alternate has been selected to represent water/wastewater providers. Countywide  (MJ)

 

 

F.         COMMISSION DISTRICT APPOINTMENTS

 

 

* * * * * * * * * * * *


MARCH 9, 2010

 

 

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

* * * * * * * * * * * *

 


MARCH 9, 2010

 

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


MARCH 9, 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

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER BURT AARONSON, CHAIR

 

Proclamation declaring March 12 – 14, 2010 as “Temple Anshei Shalom Days” in Palm Beach County.

 

Proclamation declaring April 15 – 28, 2010 as “Teenage Safe Driving Awareness Week” in Palm Beach County.

 

 

 

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."


March 9, 2010 – 9:30 a.m.                BOARD OF COUNTY COMMISSIONERS

FINAL                                                               BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 9, 2010

PAGE             ITEM

 

18                    5A-2                ADD-ON: Staff recommends motion to adopt:  a Resolution by the Board of County Commissioners (BCC) of Palm Beach County, Florida, urging the Florida Legislature to support the establishment of a Free-Standing Medical Education Program at Florida Atlantic University and the introduction of a Joint PH.D. Program linking Florida Atlantic University with the Kellogg School of Science, a unit of the Scripps Research Institute; providing for severability; and providing for an effective date. SUMMARY: Florida Atlantic University introduced a two (2) year medical education program in 2004 in cooperation with the University of Miami Miller School of Medicine.  In 2007, the program was expanded to a full four (4) year program based on Florida Atlantic University’s (FAU) Boca Raton Campus. The Florida branch of the internationally respected Scripps Research Institute is permanently housed on FAU’s John D. MacArthur Campus and has a strong relationship with FAU. Further development of that relationship to include a partnership between FAU and the Scripps-affiliated Kellogg School of Science will enable FAU students to pursue biomedical Ph.D. degrees under the guidance of some of the world’s most accomplished scientists.  This plan offers substantial financial benefits to both students and the State of Florida, reducing tuition by more than $8,000 a year and requiring no increase in funding from the Florida Legislature. The regional economic impact of this new medical education program is projected to reach $145 million within five (5) years, yielding six (6) times the benefits of the existing program. Countywide (HJF) (Admin)

 

18                    5A-3                ADD-ON, REVISED MOTION/TITLE & SUMMARY: Staff recommends motion to approve:

 

A) approve capital expenditures for the South Florida Fairground improvements in lieu of making a payment in an amount not-to-exceed $8,500 to the South Florida Fair and Palm Beach County Expositions, Inc. (SF Fair) for rental and operational expenses associated with the Remote Area Medical/United Cancer Foundation healthcare event to be held at the Americraft Expo Center at the South Florida Fairgrounds on April 10-11, 2010; and

 

B) authorize OFMB to administratively transfer funding from the General Fund-Financially Assisted Agency for $8,500 to fund the capital expenditures for the South Florida Fairground improvements.

 

Summary: Approval of this item will allow the County to provide compensation in the form of capital improvements to the SF Fair for operational expenses associated with the use of the Americraft Expo Center for a free healthcare event. The compensation amount will be based on the actual expenses charged by the SF Fair. The not-to-exceed figure is based upon a written estimate of $7,200 provided by the SF Fair and an allowance for upward adjustment of the quantity of pay items based on usage.  This amount does not include a facility rental fee as that is being waived by the SF Fair. This two (2) day event will provide health care services to attendees without cost of any kind to the patient. There is no income test, insurance requirements or restrictions of any kind. Medical and non-medical personnel will all be volunteers. Supplies and equipment are being donated or provided by Remote Area Medical (RAM). RAM is a non-profit, volunteer, airborne relief corps providing free health care, dental care, eye care and veterinary services principally in remote areas of the United States, internationally, and more recently in urban areas. There are 18 similar events scheduled by RAM this year.  Over 30 local organizations will be participating in this event.  The event furthers the County’s interest in providing residents access to health care. The funding for the transfer from the General Fund is from unused allocated funds to Financially Assisted Agency Big Brothers/Big Sisters. This agency discontinued services as of November 1, 2009, and thus, the County did not fund this agency its entire contribution.  Countywide (TKF) (Admin)           

23                    6C-1               REVISED TITLE: Staff recommends motion to approve:  the appointment of one (1) at-large member to the Water Utilities Advisory Board for a term of 3 years effective March 9, 2010, through March 8, 2013: (WUD)

 

                                    Nominee       Seat No         Requirements                     Nominated by

 

                                    Marco Bell           11              Royal Palm Beach              Village - Royal Palm           Beach

                                                            Appointee Current               Commissioners Aaronson, WUD Customer                    Marcus Koons, Santamaria,

Taylor

 

24                    6E-1                DELETED: Staff recommends motion to approve: reappointment of three (3) individuals to the Small Business Assistance Advisory Committee, for the terms indicated below: (Admin/OSBA) (Further staff review)

 

25                    6E-2*              DELETED: Staff recommends motion to ratify: Albrey Arrington of the Loxahatchee River District and David Brown of the Town of Jupiter Utilities Department as the Member and alternate (Seat No. 8), respectively, on the Palm Beach County Water Resources Task Force representing Special Independent District Water/Wastewater Providers, effective March 9, 2010. (Admin/Water Resources) (Question about ineligibility of appointment)

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).