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)
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 (*).