ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 23, 2010
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 27)
4. SPECIAL
PRESENTATION - 9:30 A.M.
(Page 28)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 29 -
30)
6. REGULAR
AGENDA (Pages 31 - 39)
7. BOARD
APPOINTMENTS (Page 40)
8. STAFF
COMMENTS (Page 41)
9. COMMISSIONER
COMMENTS (Page 42)
10. ADJOURNMENT (Page 42)
* * * * * * * * * * *
MARCH 23, 2010
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Approval Letter from U.S. Housing &
Urban Development for Pahokee Downtown Revitalization project
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments list
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Report
of plat recordations (October 1 – December 31, 2009)
Page 8
3C-2 Task under annual civil engineering services
agreement with Last Devenport, Inc. for Seminole Colony East drainage
improvement project
D. COUNTY ATTORNEY
Page 8
3D-1 Resignation, Appointment and Acceptance
Agreement by First-Citizens Bank & Trust Company regarding FlightSafety
International, Inc. bonds
E. COMMUNITY SERVICES
Page 9
3E-1 Grant Agreement with Department of Children
& Families for transitional housing to homeless individuals
3E-2 Agreement with the 15th Judicial
Circuit for defendants to perform community service
F. AIRPORTS
Page 10
3F-1 Disadvantaged Business Enterprise Program
administrative fee schedule
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 10
3H-1 Amendment
No. 4 with Andrea Construction, Inc. for annual handyman contract
3H-2 Amendment
No. 3 to annual roofing contract with Hi-Tech Roofing & Sheetmetal, Inc.
Page 11
3H-3 Amendment
No. 3 to annual roofing contract with Roofing Concepts Unlimited/Florida, Inc. 3H-4 Amendment
No. 3 to annual roofing contract with Advanced Roofing, Inc.
3H-5 Amendment
No. 3 to annual roofing contract with Certified Roofing Specialists, Inc.
Page 12
3H-6 Amendment
No. 3 to annual roofing contract with The Roof Authority, Inc.
3H-7 Amendment
No. 3 to annual roofing contract with Murton Roofing Corp.
3H-8 Change Order No. 6 with Malphrus Construction
Company regarding South County Regional Park Phase II Golf Course
Page 13
3H-9 Amendment No. 3 with Corzo Castella Carballo
Thompson Salman incorporating Inspector General requirements and fee
3H-10 Amendment No. 3 with Miller Legg &
Associates incorporating Inspector General requirements and fee
3H-11 Amendment No. 2 with Gartek Engineering
Corporation incorporating Inspector General requirements and fee
3H-12 Amendment No. 2 with BRPH Architects-Engineers,
Inc. incorporating Inspector General requirements and fee
MARCH 23, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 13
3H-13 Amendment No. 3 with Gentile, Holloway,
O’Mahoney & Associates incorporating Inspector General requirements and fee
3H-14 Amendment No. 3 with Cotleur & Hearing,
Inc. incorporating Inspector General requirements and fee
Page 14
3H-15 Amendment No. 3 with Urban Design Studio
incorporating Inspector General requirements and fee
3H-16 Amendment No. 2 with Dunkelberger Engineering
& Testing incorporating Inspector General requirements and fee
3H-17 Amendment N. 2 with REP Associates
incorporating Inspector General requirements and fee
3H-18 Amendment No. 2 with Handex and Consulting
& Remediation - Southeast incorporating Inspector General requirements and
fee
3H-19 Amendment No. 3 with L.D. Astorino, Inc.
incorporating Inspector General requirements and fee
Page 15
3H-20 Notice to extend Lease Agreement with State of
Florida Department of Juvenile Justice for use of building and adjacent land at
1025 Northwest Avenue D in Belle Glade
3H-21 Declaration of Easement in favor of County
Water Utilities Department at Vista Center
3H-22 Unity of Title for new Fire Rescue Station No.
31 in Village of Palm Springs
3H-23 Notice to extend Lease Agreement with Milagro
Foundation, Inc. for Delray Beach Early Head Start Program
Page 16
3H-24 Termination Agreement with Mecca Farms, Inc. of
the Amestoy Property in Ag Reserve
I. HOUSING & COMMUNITY DEVELOPMENT
Page 16
3I-1 Agreement
with City of Riviera Beach for improvements to West 34th Street
3I-2 Agreement
with Town of Jupiter for Daily Park purchase/installation of playground
equipment
3I-3 Eighth
Amendment to State Housing Initiatives Partnership Local Housing Assistance
Plan
Page 17
3I-4 26th
Amendment to FY 2007-2008 Action Plan to amend Neighborhood Stabilization
Program
J. PLANNING, ZONING & BUILDING
Page 17
3J-1 Resolution grant County tax exemption to two
(2) historic properties located in Town of Palm Beach
K. WATER UTILITIES
Page 18
3K-1 Receive
and file one (1) standard development agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 18
3L-1 Grant
Agreement with Florida Fish & Wildlife Conservation Commission for artificial
reef at Jupiter Inlet artificial reef site
Page 19
3L-2 Change
Order No. 1 with Eastman Aggregate Enterprises for Juno Beach Renourishment
project
M. PARKS & RECREATION
Page 19
3M-1 2009-2011
Forest Health Improvement Initiative Grant with Florida Division of Forestry
for tree planting project at John Stretch Memorial Park
Page 20
3M-2 Receive
and file three (3) independent contractor agreements
3M-3 Professional
Services Contract with Kiril Zahariev for USA swimming coaching services
3M-4 Budget
Transfer for Westgate Recreation Center Splashpad
MARCH 23, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 21
3M-5 Agreement
with West Jupiter Community Group for operation of after-school program
3M-6 Budget
Transfer to South County Regional Park Boating Center
Page 22
3M-7 Reassignment of the FDOT South Bay
Transportation Enhancement Grant
3M-8 Sovereignty
Submerged Lands Lease Renewal Modification with State of Florida regarding
DuBois Park
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 23
3S-1 Receive
and file one (1) Licensing Agreement with Fire Training Officers of the Palm
Beaches
3S-2 Receive
and file three (3) standard agreements
Page 24
3S-3 Resolution
conveying a certain ambulance/rescue vehicle to Village of Palm Springs
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
Page 24
3Z-1 Renewal of Excess Automobile Liability
Insurance Policy from State National Insurance Company (Palm Tran bus fleet)
3Z-2 Renewal of Property Insurance Policy from
National Union Fire Insurance Company (Water Utilities)
Page 25
3Z-3 Renewal of Excess Property & Liability
Insurance Program through Arthur J. Gallagher & Co.
AA. PALM TRAN - None
BB. SHERIFF
Page 25
3BB-1 Grant Adjustment Notice amending Florida
Department of Law Enforcement Office of Criminal Justice grant (Regional Aviation
Response and Support project)
3BB-2 Grant Adjustment Notice amending Florida
Department of Law Enforcement Office of Criminal Justice grant (EDO Regional
Team Enhancement Capability project)
Page 26
3BB-3 Budget Transfer in Law Enforcement Trust Fund
to two (2) non-profit organizations
3BB-4 Agreement with City of Miami for funding of
Regional Virtual Fusion Center project
Page 27
3BB-5 Grant Adjustment Notice amending FY 2008 Gang
Prevention Coordination Assistance Program grant (Gang Prevention Coordination
Strategy)
MARCH 23, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. TOURST DEVELOPMENT COUNCIL
Page 27
3CC-1 Amendment to Amended and Restated Agreement with Palm
Beach County Cultural Council, Inc. revising FY 2010 budget
SPECIAL PRESENTATION - 9:30 A.M.
Page 28
4A Barrett-Jackson Collector Car Auction
Week
PUBLIC HEARINGS – 9:30 A.M.
Page 29
5A Palm Beach County Internal Audit
Committee Ordinance
5B Palm Beach County - County Internal Audit
Ordinance
5C Tierra Del-Rey Water Main Extension
Special Assessment project
Page 30
5D Interruptible Reclaimed Water Service
schedule of rates
REGULAR AGENDA
ADMINISTRATION
Page 31
6A-1 Creation
of one (1) Economic Development (Energy) Specialist position
6A-2 Amendment No. 1 to Section
108 Loan Program Agreement with Oxygen Development, LLC
6A-3 2010 Census Executive Committee Update
COUNTY
ATTORNEY
Page 32
6B-1 Issuance
of revenue bonds by the Palm Beach County Health Facilities Authority
COMMUNITY
SERVICES
Page 32
6C-1 Request
for Proposal process for Financially Assisted Agencies FY 2011 funding
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 33
6D-1 C-18
Canal crossing alternatives for equestrians
HOUSING
& COMMUNITY DEVELOPMENT
Page 34
6E-1 Lease and Lease Buyout Agreement with Dr.
Jackie C. Johns regarding Homeless Resource Center
Page 35
6E-2 Creation
of eight (8) full-time positions for Neighborhood Stabilization Program 2
PARKS
& RECREATION
Page 35
6F-1 Reallocation of $800,00 from 2002 $50
Million Recreational and Cultural Facilities Bond referendum funds for
construction of an Arts Center in West Palm Beach
PURCHASING
Page 36
6G-1 Local
Preference in Purchasing Ordinance
6G-2 Palm
Beach County Code Ordinance (Purchase Code)
MARCH 23, 2010
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES
DEVELOPMENT & OPERATIONS
Page 37
6H-1 Change
Order No. 92 with Moss & Associates for West County Detention Facility
Page 38
6H-2 Budget
Transfers for West County Jail Expansion Fit-up project
Page 39
6H-3 Resolution
regarding Lease Agreement with LJL Food Management (Tina’s Café)
CRIMINAL
JUSTICE COMMISSION
Page 39
6I-1 Budget Transfer/Amendment and three (3)
positions for 15th Judicial Circuit, Court Administration
BOARD
APPOINTMENTS (Page 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to:
A) receive and file the U.S. Department of Housing and Urban
Development (HUD) Approval Letter for a new Section 108 Loan in the amount of
$2,824,000, for the Pahokee Downtown Revitalization Project;
B) approve a Budget Amendment of $2,824,000 in the
Economic Development Fund to appropriate the award and recognize the revenue;
and
C) authorize the County Administrator or his designee to
sign all documents related to this grant/loan application.
SUMMARY: On June 2,
2009 the Palm Beach County Board of County Commissioners adopted a Resolution
(R2009-0902) authorizing the submittal of a Brownfield Economic Development
Initiative (BEDI) grant application and a Section 108 Loan Program application
to fund the Pahokee Downtown Revitalization Project. In June of 2009, the
Economic Development Office (EDO) submitted requests for $1,058,971 BEDI Grant
funds and $2,824,000 Section 108 funds to HUD. EDO has received letters of
approval for both sources of funds from HUD. These are federal funds that require no local match. District 6 (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during December 2009. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to receive and file: a report of plat recordations from October 1, through December 31, 2009. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11, governing administrative approval of plats by the County Engineer. Countywide (MRE)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: a Task for
$109,709.08, under the Annual Civil Engineering Services Agreement approved by
Resolution Number R2007-0461, with Last Devenport, Inc. for basic engineering,
surveying, geotechnical, design and permitting for Seminole Colony East
Drainage Improvement (Project), Project No. 2010054. SUMMARY: Approval of the Task will authorize Last
Devenport, Inc. to perform engineering design, surveying, geotechnical, and
permitting services to prepare construction plans for the Project. Once constructed, this Project will provide
drainage improvements, including storm sewers and a dry detention facility,
serving areas north of Okeechobee Boulevard between the Seminole Colony Mobile
Home Park and the Village Commerce Center on Palm Beach Lakes Boulevard. District
2 (MRE)
D. COUNTY
ATTORNEY
1. Staff
recommends motion to receive and file: the executed Resignation, Appointment and Acceptance
Agreement dated December 23, 2009, by and among First-Citizens Bank & Trust
Company (“First-Citizens”), U.S. Bank National Association (“U.S. Bank”), Palm
Beach County, Florida (the “Issuer”) and FlightSafety International, Inc. (the
“Company”). SUMMARY: Resolution No. R2000-0707 authorized issuance
of bonds for the FlightSafety International, Inc. project. Under the terms of the bond documents
First-Citizens Bank & Trust Company served as Trustee. First-Citizens Bank & Trust Company
resigned as Trustee and U.S. Bank National Association became the Successor
Trustee. The parties (including the County as Issuer) then executed the Resignation,
Appointment and Acceptance Agreement. The fully executed Resignation, Appointment and Acceptance Agreement should now be received
and filed in the Minutes Department. Countywide (PFK)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file:
A) State of Florida Department of Children and
Families (DCF) Homeless Challenge Grant Agreement for the period of October 28,
2009, through June 30, 2010, in an amount of $57,600, for provision of transitional
housing to homeless individuals;
B) Amendment No. 0001 to State of Florida DCF
Homeless Challenge Grant Agreement;
C) Contract with Salvation
Army, a Georgia Corporation for the period of October 28, 2009, to June 30,
2010, in the amount of $28,800, for provision of transitional housing to
homeless individuals; and
D) Contract with Faith, Hope, Love, Charity, Inc. for the period of October
28, 2009, to June 30, 2010, in the amount of $28,800, for provision of transitional
housing to homeless individuals.
Summary: On August 18, 2009 (R2009-1248), the Board of
County Commissioners delegated authority to the County Administrator or his
designee to sign the State of Florida DCF Homeless Challenge Grant Agreement
and to sign contracts with the Salvation Army, A Georgia Corporation and Faith,
Hope, Love Charity Inc., for a period no longer than one year, to end June 30,
2010. This authorization and designation was necessary to expedite the contracts
and thereby avoid gaps in service delivery to homeless individuals. The total amount of funds, $57,600, is for a
one (1) year period and is non-recurring. An amendment to the agreement was
signed by DCF on November 30, 2009, to change the dates on the “Release of
Funds Schedule” in Attachment IV of the agreement to allow the final draw down
request by April 1, 2010 in order to receive the balance of the funds and fully
expend all grant funds by June 30, 2010, as required in the grant. No match is
required for these funds. (Human Services) Countywide (TKF)
2. Staff recommends
motion to approve: Agreement with the Courts of the 15th
Judicial Circuit for defendants to perform community services hours at the Palm
Beach County Department of Community Services, with no expiration date. Summary:
This agreement will facilitate the utilization of defendants from the Courts of
the 15th Judicial Circuit to perform community services hours. The participants do not displace regular
employees, but work with employees under close supervision to perform community
service work. The County will monitor
and oversee the work performed by defendants and report the number of hours
each defendant works. As a result of the
agreement the County will use these defendants to provide general clerical
office duties. There is no cost to the County to participate in the program. (DOSS)
Countywide (TKF)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution
adopting an administrative fee schedule for the Disadvantaged Business
Enterprise Program; providing for adjustment of the fee schedule by the County
Administrator or his designee; and becoming effective upon adoption. SUMMARY:
The County is required to implement a Disadvantaged Business
Enterprise (“DBE”) Program pursuant to Title 49, Parts 23 and 26 of the Code of
Federal Regulations as a recipient of federal grant funding. The
Department of Airports administers the DBE Program and incurs certain costs
associated with the administration of the program, including labor costs
associated with processing new certification applications, recertification
applications and mandatory site visits. This Resolution establishes a fee
schedule, which will allow the Department to recover a portion of its costs in
administering the program. The Resolution provides for a $150 fee for new
certification applications and $50 for recertification applications. The
Resolution authorizes the County Administrator or his designee to increase the
fees by an amount not to exceed 5% per year.
Countywide (TKF)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 4 to
the Contract with Andrea Construction, Inc. to implement the fourth renewal of
an annual handyman contract. SUMMARY: Amendment No. 4 is a renewal to
the Annual ContractBHandyman which was awarded to Andrea Construction, Inc., as
one (1) of six (6) approved contractors.
The renewal term is twelve (12) months or until $199,999.99 in work
orders are issued. All terms of the
original contract remain in effect. This
is the fourth and final extension allowed by the contract. The Small Business
Enterprise (SBE) goal for the handyman contracts are 15%. Andrea Construction’s participation for work
orders issued to date is 100%. The
annual handyman contract is a prequalification contract wherein each job is
competitively quoted among all six (6) general contractors. Amendment No. 4 requires Board approval
because Andrea Construction, Inc., has reached a work order capacity totaling
$196,565 of the available $199,999.99 capacity since August 24, 2009, and this
is the second Amendment within a twelve (12) month period which exceeds the
authority accorded the Director of Facilities Development and Operation under
the Purchasing Ordinance. (FD&O Admin) Countywide (JM)
2. Staff recommends
motion to approve: Amendment No. 3 to
Contract with Hi-Tech Roofing & Sheetmetal, Inc. (R2007-0941) to implement
the third renewal of an annual roofing contract. SUMMARY: Amendment No. 3 is a renewal to the annual roofing
contract awarded to Hi-Tech Roofing & Sheetmetal, Inc., as one (1) of six
(6) prequalified roofing contractors. The contract provides for planned work to
be bid among the six (6) roofing contractors with the award being made to the
lowest responsible, responsive bidder and taking into account SBE and local
status, per County policy. Work
authorized in response to active leaks and other emergent repairs is offered on
a rotating basis to the six (6) contractors. The annual roofing contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work
orders are issued. Staff is bringing forward the Amendment at this time based
on expiration of the term. All terms of the original contract remain in effect.
This is the third of four extensions allowed by the contract. The Small Business Enterprise (SBE) goal for
the roofing contracts are 15% and across all six (6) contracts 46.23% SBE
participation has been achieved. Hi-Tech Roofing is the only SBE of the six (6)
prequalified contractors. Their
participation for work orders issued to date is 100%. (FD&O Admin) Countywide (JM)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Amendment No. 3 to Contract
with Roofing Concepts Unlimited/Florida, Inc. (R2007-0943) to implement the
third renewal of an annual roofing contract.
SUMMARY: Amendment No. 3
is a renewal to the annual roofing contract awarded to Roofing Concepts
Unlimited/Florida, Inc., as one (1) of six (6) prequalified roofing
contractors. The contract provides for planned work to be bid among the six (6)
roofing contractors with the award being made to the lowest responsible,
responsive bidder and taking into account SBE and local status, per County
policy. Work authorized in response to
active leaks and other emergent repairs is offered on a rotating basis to the
six (6) contractors. The annual roofing contract is an indefinite-quantity
contract and this renewal has a maximum value of $1,500,000. The renewal term
is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing
forward the Amendment at this time based on expiration of the term. All terms
of the original contract remain in effect. This is the third of four extensions
allowed by the contract. The Small Business Enterprise (SBE) goal for the
roofing contracts are 15% and across all six (6) contracts 46.23% SBE
participation has been achieved.
(FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No. 3 to Contract with Advanced Roofing, Inc.
(R2007-1102) to implement the third renewal of an annual roofing contract. SUMMARY: Amendment No. 3 is a renewal
to the annual contract awarded to Advanced Roofing, Inc., as one (1) of six (6)
prequalified roofing contractors. The contract provides for planned work to be
bid among the six (6) roofing contractors with the award being made to the
lowest responsible, responsive bidder and taking into account SBE and local
status, per County policy. Work
authorized in response to active leaks and other emergent repairs is offered on
a rotating basis to the six (6) contractors. The annual roofing contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work
orders are issued. Staff is bringing forward the Amendment at this time based
on expiration of the term. All terms of the original contract remain in effect.
This is the third of four extensions allowed by the contract. The Small
Business Enterprise (SBE) goal for the roofing contracts are 15% and across all
six (6) contracts 46.23% SBE participation has been achieved. (FD&O Admin) Countywide (JM)
5. Staff recommends
motion to approve: Amendment No. 3 to
Contract with Certified Roofing Specialists, Inc. (R2007-1101) to implement the
third renewal of an annual roofing contract. SUMMARY: Amendment No. 3 is a renewal to the annual
roofing contract awarded to Certified Roofing Specialists, Inc., as one (1) of six
(6) prequalified roofing contractors. The contract provides for planned work to
be bid among the six (6) roofing contractors with the award being made to the
lowest responsible, responsive bidder and taking into account SBE and local
status, per County policy. Work authorized in response to active leaks and
other emergent repairs is offered on a rotating basis to the six (6) contractors.
The annual roofing contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work
orders are issued. Staff is bringing forward the Amendment at this time based
on expiration of the term. All terms of the original contract remain in effect.
This is the third of four extensions allowed by the contract. The Small Business Enterprise (SBE) goal for
the roofing contracts are 15% and across all six (6) contracts 46.23% SBE
participation has been achieved. (FD&O
Admin) Countywide (JM)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Amendment No. 3 to
Contract with The Roof Authority, Inc. (R2007-1301) to implement the third
renewal of an annual roofing contract. SUMMARY:
Amendment No. 3 is a renewal to the annual contract awarded to The Roof Authority,
Inc., as one (1) of six (6) prequalified roofing contractors. The contract provides for planned work to be
bid among the six (6) roofing contractors with the award being made to the
lowest responsible, responsive bidder and taking into account SBE and local
status, per County policy. Work authorized in response to active leaks and
other emergent repairs is offered on a rotating basis to the six (6)
contractors. The annual roofing contract is an indefinite-quantity contract and
this renewal has a maximum value of $1,500,000. The renewal term is twelve (12)
months or until $1,500,000 in work orders are issued. Staff is bringing forward
the Amendment at this time based on expiration of the term. All terms of the
original contract remain in effect. This is the third of four extensions
allowed by the contract. The Small Business Enterprise (SBE) goal for the
roofing contracts are 15% and across all six (6) contracts 46.23% SBE
participation has been achieved. (FD&O Admin) Countywide (JM)
7. Staff recommends
motion to approve: Amendment No. 3 to Contract with Murton Roofing Corp.
(R2007-0942) to implement the third renewal of an annual roofing contract. SUMMARY:
Amendment No. 3 is a renewal to the annual contract awarded to Murton Roofing
Corp., as one (1) of six (6) prequalified roofing contractors. The contract provides for planned work to be
bid among the six (6) roofing contractors with the award being made to the
lowest responsible, responsive bidder and taking into account SBE and local
status, per County policy. Work authorized in response to active leaks and
other emergent repairs is offered on a rotating basis to the six (6)
contractors. The annual roofing contract is an indefinite-quantity contract and
this renewal has a maximum value of $1,500,000. The renewal term is twelve (12)
months or until $1,500,000 in work orders are issued. Staff is bringing forward
the Amendment at this time based on expiration of the term. All terms of the
original contract remain in effect. This is the third of four extensions
allowed by the contract. The Small Business Enterprise (SBE) goal for the
roofing contracts are 15% and across all six (6) contracts 46.23% SBE
participation has been achieved. (FD&O Admin) Countywide (JM)
8. Staff recommends motion to approve: Change Order No. 6 to the Contract with Malphrus Construction Company, Inc. (R2006-2099) in the amount of $505,366.50 and establishment of a new substantial completion date for the South County Regional Park Phase II Golf Course. SUMMARY: On August 18, 2009, the Board approved (R2009-1283 & R2009-1284) the re-commencement of construction for the Osprey Point Golf Course by approving budget transfers for the consultant fees and construction modifications. The project was delayed in May 2007, due to the South Florida Water Management District rescinding the water use permit. Change Order No. 6 will provide for multiple changes to the scope of the construction contract, due to re-design required by the re-issued permit. These changes include turf selection and treatment, cart path and storm drainage adjustments, landscape and environmental enhancements, capping sand credit and hauling, re-design assistance and remobilization efforts. The new completion date is necessary to complete the construction and accounts for the duration of time the project was on hold due to the permitting concerns. The Small Business Enterprise (SBE) participation for this Change Order is 0%. When combined with previous work done under this contract, the resulting SBE participation is 0%. In order to reduce the water consumption of the irrigation system, the type of turf utilized for the golf course was changed from a common Bermuda turf to a specialty, patented turf, only provided by a few growers. The SBE grower originally contracted to provide the turf is not a licensed grower of the new specialty turf. In addition, the SBE firm was also contracted to provide capping sand. In order to reduce costs, the County was able to obtain capping sand from another County project at no charge, thus eliminating the SBE firm’s work from the project. The SBE goal for this project is 15%. This work is funded by 2006 $6.1M and $8.1M Sunshine Funds. (Capital Improvements Division) District 5 (JM)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: Amendment No. 3 to annual contract with Corzo
Castella Carballo Thompson Salman (R2007-1812) for professional design services
to incorporate the requirements and fee for the Office of the Inspector General
into the Contract. SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements Division) Countywide (JM)
10. Staff recommends
motion to approve: Amendment No. 3 to annual contract with
Miller Legg & Associates, Inc. (R2007-1813) for professional design
services to incorporate the requirements and fee for the Office of the
Inspector General into the Contract. SUMMARY: This Amendment will add the necessary language to the consultant’s
contract regarding the applicability of the Inspector General Ordinance (“IG
Ordinance”) and the inclusion of the Inspector General fee into future task
orders to the consultant. (Capital Improvements Division) Countywide (JM)
11. Staff recommends
motion to approve: Amendment No. 2 to annual professional
mechanical, electrical, and plumbing engineering services Contract with Gartek
Engineering Corporation (R2008-1304) to incorporate the requirements and fee
for the Office of the Inspector General into the Contract. SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements
Division) Countywide (JM)
12. Staff recommends
motion to approve: Amendment No. 2 to annual professional
mechanical, electrical, plumbing engineering contract with BRPH
Architects-Engineers, Inc. (R2008-1305) to incorporate the requirements and fee
for the Office of the Inspector General into the Contract. SUMMARY: This Amendment will add the necessary
language to the consultant’s contract regarding the applicability of the
Inspector General Ordinance (“IG Ordinance”) and the inclusion of the Inspector
General fee into future task orders to the consultant. (Capital Improvements
Division) Countywide (JM)
13. Staff recommends
motion to approve:
Amendment No. 3 to annual property development evaluation services contract
with Gentile, Holloway, O’Mahoney & Associates, Inc. (R2007-1104) to
incorporate the requirements and fee for the Office of the Inspector General
into the Contract. SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements
Division) Countywide (JM)
14. Staff recommends
motion to approve:
Amendment No. 3 to annual property development evaluation services contract
with Cotleur & Hearing, Inc. (R2008-0965) to incorporate the requirements
and fee for the Office of the Inspector General into the Contract. SUMMARY: This Amendment will add the necessary
language to the consultant’s contract regarding the applicability of the
Inspector General Ordinance (“IG Ordinance”) and the inclusion of the Inspector
General fee into future task orders to the consultant. (Capital Improvements Division) Countywide
(JM)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
15. Staff recommends
motion to approve:
Amendment No. 3 to annual property development evaluation services contract
with Urban Design Studio, LLC, dba Urban Design Kilday Studios (R2008-1006) to
incorporate the requirements and fee for the Office of the Inspector General
into the Contract. SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements Division) Countywide (JM)
16. Staff recommends
motion to approve: Amendment No. 2 to annual environmental
assessment services contract with Dunkelberger Engineering & Testing, Inc.
(R2007-1809) to incorporate the requirements and fee for the Office of the
Inspector General into the Contract. SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements Division) Countywide (JM)
17. Staff recommends
motion to approve: Amendment No. 2 to annual environmental
assessment services contract with REP Associates, Inc. (R2007-1808) to
incorporate the requirements and fee for the Office of the Inspector General
into the Contract. SUMMARY: This Amendment will add the necessary
language to the consultant’s contract regarding the applicability of the
Inspector General Ordinance (“IG Ordinance”) and the inclusion of the Inspector
General fee into future task orders to the consultant. (Capital Improvements
Division) Countywide (JM)
18. Staff recommends
motion to approve: Amendment No. 2 to annual environmental
assessment services contract with Handex and Consulting & Remediation –
Southeast, LLC (R2007-1807) to incorporate the requirements and fee for the
Office of the Inspector General into the Contract. SUMMARY:
This Amendment will add the
necessary language to the consultant’s contract regarding the applicability of
the Inspector General Ordinance (“IG Ordinance”) and the inclusion of the
Inspector General fee into future task orders to the consultant. (Capital Improvements Division) Countywide (JM)
19. Staff recommends
motion to approve: Amendment No. 3 to annual architectural
services contract with L.D. Astorino, Inc. (R2006-2228) to incorporate the
requirements and fee for the Office of the Inspector General into the Contract.
SUMMARY: This
Amendment will add the necessary language to the consultant’s contract
regarding the applicability of the Inspector General Ordinance (“IG Ordinance”)
and the inclusion of the Inspector General fee into future task orders to the
consultant. (Capital Improvements Division) Countywide (JM)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
20. Staff recommends
motion to receive and file: a notice of exercise of option to extend
the term of the Lease Agreement with the State of Florida Department of
Juvenile Justice (DJJ), (R2000-0755) for DJJ’s continued use of a building and
adjacent land at 1025 Northwest Avenue D in Belle Glade for their juvenile
probation administration program for $1/year. SUMMARY: The State of Florida Department of Juvenile
Justice has leased 0.47 acres of land containing a 2,000+ SF building
and adjacent parking area in Belle Glade since June 2000. The Lease Agreement
has been amended to revise the use of the facility from a site only for girls
to a facility for both boys and girls (R2001-1033), and to modify the insurance
requirements in order for the DJJ to secure property coverage (R2003-1208). The
Lease Agreement requires the DJJ to notify the County 180 days prior to the
June 5, 2010, expiration date to exercise the ten (10) year extension option.
As the DJJ satisfied this requirement by requesting the extension option in a
letter dated December 3, 2009, the Board has no discretionary authority to deny
the exercise of the extension. Rent of $1/year continues for the ten (10) year
extension period and the DJJ is responsible for the maintenance, utilities,
taxes and assessments of the facility. Extension of this Lease will allow DJJ
to continue to administer their juvenile probation program. (PREM) District
6 (HJF)
21. Staff recommends
motion to approve: a Declaration
of Easement in favor of the Palm Beach County Water Utilities Department for a
water main to serve a relocated fire hydrant at the County’s Operations &
Support Center (OSC) Warehouse at Vista Center in unincorporated West Palm
Beach. SUMMARY: The Palm Beach County Water Utilities Department installed
an underground water main for a relocated fire hydrant at the new warehouse
that the County is constructing on the western portion of the OSC. The OSC is
located on the north side of Vista Parkway, north of Okeechobee Boulevard and
west of Florida’s Turnpike in unincorporated West Palm Beach. Except for the above-ground fire hydrant, all
improvements associated with this easement are located underground. The easement area varies in length from 62.93
feet to 78.46 feet and is approximately 20 feet wide and contains 1,289 square
feet (0.03 acres). The Declaration of
Easement will be recorded to provide notice of the existence and location of
the water main. (PREM) District 2
(HJF)
22. Staff recommends
motion to approve: a Unity of
Title for the new Fire Rescue Station No. 31 located in the Village of Palm
Springs (Village). SUMMARY:
Fire Rescue Station No. 31 is located on Lake Worth Road east of Davis
Road, in the Village of Palm Springs.
The County will construct a new station to replace the existing station
which will be demolished upon the completion of the new fire station. As a condition of the development approval,
the Village is requiring the County to record a Unity of Title over the
existing two (2) County parcels which will create one (1) legal lot of record
for the two (2) parcels of land. (PREM) District
3 (HJF)
23. Staff recommends
motion to approve: exercise of the final option to extend
the term of the Lease Agreement (R2002-0957), dated June 18, 2002, with the Milagro Foundation, Inc., for the County’s continued use of a
2,100+/- square foot child care facility and surrounding land for the Delray
Beach Early Head Start Program, at an
annual rate of $39,552/yr. SUMMARY: The County, on behalf of Community Services
Head Start, currently leases approximately 2,100 square foot child care
facility and surrounding land at 346 Southwest 6th Avenue in Delray Beach, for
the operation of the Delray Beach Early Head Start Program. The County has leased this facility since
2005 and the current term will expire on April 30, 2010. This final remaining option will extend the
term of the Lease Agreement for one (1) year, from May 1, 2010, through April
30, 2011. The annual rent for this
extension period will increase three percent (3%) to $39,552 ($18.83/sf). All
other terms of the Lease Agreement remain unchanged. (PREM)
District 7 (HJF)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
24. Staff recommends
motion to:
A) approve a Termination Agreement with Mecca Farms, Inc. of the 215-acre
Amestoy property in the Ag Reserve (R2006-0906); and
B) adopt a Resolution authorizing the
Termination of the Mecca Farms, Inc. Lease Agreement.
SUMMARY: This Termination Agreement formalizes the
Board’s direction of January 12, 2010 to terminate the Lease Agreement
effective as of June 1, 2007 to coincide with Mecca Farms’ cessation of farming
operations in May of 2007. (PREM) District 5 (HJF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: an Agreement with the City of Riviera Beach for street improvements on West 34th Street, in the amount of $309,944, for the period of March 23, 2010, through February 28, 2011. SUMMARY: CDBG funds will be used for the reconstruction of West 34th Street, between Avenue “R” and Avenue “O”, in the City of Riviera Beach. The street improvements will include drainage pipes, inlet structures, curbs, sidewalks, paving, landscaping, striping and signage. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
2. Staff recommends motion to approve: an Agreement with the Town of Jupiter for purchase and installation of playground equipment for Daily Park, in the amount of $70,565.90, for the period of March 23, 2010, through December 31, 2010. SUMMARY: The Agreement will fund the Town of Jupiter for the purchase of playground equipment and safety surfacing at Daily Park in the Town of Jupiter. These are Federal Community Development Block Grant funds that require no local match. District 1 (TKF)
3. Staff recommends
motion to:
A) adopt a Resolution approving the Eighth Amendment to the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010 to provide funding of $700,000 for the Rental Housing Entry Assistance Program in fiscal year 2008-2009; and
B) approve the
allocation of $700,000 in SHIP program income for the 2008-2009 Rental Housing
Entry Assistance Program.
SUMMARY: This initiative is administered by PBC Department of Community Services, Human Services Division for PBC Department of Housing and Community Development. This Amendment will provide an additional $700,000 of financial assistance to eligible extremely low, very low and low income households to pay for rental security deposits, utility deposits and connection fees. Of the $700,000, $35,000 will be used for Program Administrator delivery costs and $665,000 for direct program assistance. Eligible recipients can receive up to $5,000 in assistance. The assistance will be in the form of a grant in exchange for certain guarantees by the renter and landlord. Recipients will be selected on a first come-first qualified basis within the eligible income groups. Recipients will receive financial assistance only once through this SHIP funded program. Countywide (TKF)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to approve:
A) the 26th Amendment to the FY
2007-2008 Action Plan to amend the Neighborhood Stabilization Program (NSP1);
and
B) an Interlocal Agreement between the City of
West Palm Beach and Palm Beach County.
SUMMARY: The 26th
Amendment to the FY 2007-2008 Action Plan will add zip codes 33401 and 33407 to
the list of zip codes already approved by HUD as “areas of greatest need” in the
County’s NSP application. This will
allow for the expenditure of County NSP funds in the following West Palm Beach
neighborhoods: Coleman Park, Pleasant City, Greater Northwest and Pinewood.
Execution of this Interlocal Agreement between the County and the City of West
Palm Beach is required by NSP regulations. These are federal Neighborhood
Stabilization Program funds that do not require a local match. Countywide
(TKF)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to:
A) adopt resolutions
of the Board of County Commissioners (BCC) of Palm Beach County, Florida,
granting a County tax exemption for two (2) historic properties located within
the Town of Palm Beach; and
B) approve
restrictive covenants for each historic property, requiring the qualifying
improvements be maintained during the period that the tax exemption is granted.
SUMMARY: The
resolutions will authorize a County tax exemption for the following historic
properties located within the Town of Palm Beach:
Address: 4 El Bravo Way
Address: 1170 South Ocean Blvd
If granted the tax exemptions shall take effect January 1, 2010, and shall remain in effect for ten (10) years, or until December 31, 2019. The exemption shall apply to 100 percent of the assessed value of all improvements to each historic property, which resulted from restoration, renovation, or rehabilitation of the property. (Please see attached resolutions.) Based on the 2010 countywide operating millage rate, it is estimated that approximately $3,408.90 tax dollars will be exempted annually. Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. Districts 2 & 7 (RB)
MARCH
23, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends motion to receive and file: one (1) Standard Development Agreement complete with executed documents received during the month of February 2010:
Standard Development Agreements
A) C. Bruce Pearson (District 5) 05-01103-000
SUMMARY: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements (R2003-0539).
After these agreements are executed by the developer and the Department, they
must be recorded by the County Clerk’s Office. This agenda item recommends the
Board receive and file the agreements so they may be properly recorded. Countywide
(SF)
L. ENVIRONMENTAL RESOURCES
MANAGEMENT
1. Staff recommends
motion to:
A) approve Grant Agreement FWC-09111 with the Florida Fish and Wildlife Conservation Commission (FFWCC) to provide $60,000 State funding for construction of an artificial reef at Jupiter Inlet artificial reef site, expiring August 31, 2010;
B) approve Budget Amendment of $60,000 in the Environmental Enhancement Saltwater Fund, including a transfer from Reserves of $75,000 for a total of $135,000 in project funding for the Jupiter Inlet artificial reef site;
C) adopt Resolution authorizing the Clerk of the Board to disburse $75,000 from the Vessel Registration Fee Trust Fund to cover the matching funds for this artificial reef project; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, statements and other forms associated with this document, and any necessary minor amendments that do not change the scope of work or terms and conditions of this document.
SUMMARY: This FFWCC Grant
Agreement will reimburse the County $60,000 for placement of about 900 tons of
limestone rock at the Jupiter Inlet artificial reef site. The estimated total project cost is $135,000.
The Resolution and Budget Transfer from County Vessel Registration Fees will
cover the County’s 55% cost share of the project, a non-ad valorem source. The
Grant begins upon execution by both parties and expires August 31, 2010. District
1 (SF)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) Change Order No. 1 to Palm Beach County Annual Dune &
Wetlands Restoration Project No. 2008ERM02 (R2008-1666, R2009-1181) with
Eastman Aggregate Enterprises,
LLC (Eastman) authorizing adding sand screening for the Juno Beach
Renourishment Project; and
B) Work Order No. 1666-05 to
Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02
(R2008-1666, R2009-1181) with Eastman in the amount of $985,488.87 for the Juno Beach Renourishment Project,
which includes sand screening.
SUMMARY: The BCC approved an
annual construction Contract for the Palm Beach County Annual Dune &
Wetlands Restoration Project No. 2008ERM02 (R2008-1666, R2009-1181) on
September 23, 2008. Amendment No. 1 (R2009-1181) was approved on July 21, 2009
and increased the contract price to $4,603,334. Eastman was issued four (4)
work orders totaling $1,962,095.88. Change Order No. 1 will authorize Eastman
to use a mobile track screening plant to remove rock debris from the Juno Beach Renourishment Project. Work Order No. 1666-05 will authorize the
screening and removal of the rock debris. This Work authorization brings the
cumulative Contract amount to $2,947,584.75. The Small Business Enterprise
(SBE) goal of 16.14% as set forth in the Eastman Contract will remain in
effect. Eastman’s SBE participation
to-date is 12.37%. The work is funded by a combination of Tourist Development
Taxes, interest, and a State grant in the Beach Improvement Fund. District 1
(JM)
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) ratify the Vice Chair’s signature
on a 2009-2011 Forest Health Improvement Initiative Grant application submitted
to the Florida Division of Forestry on February 10, 2010, requesting $23,788.56
for a tree planting project at John Stretch Memorial Park;
B)
adopt a Resolution to enter into a Grant Memorandum of Agreement with the State of
Florida, Department of Agriculture and Consumer Services, Division of Forestry,
if the grant is approved;
C) authorize the County
Administrator or his designee to execute the funding Agreement, task
assignments, certifications, standard forms, or amendments to the Agreement
that do not change the scope of work or terms and conditions of the Agreement,
if the grant is approved; and
D)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with Florida Division of
Forestry for this project.
Summary: This Grant Application
requests $23,788.56 from the Florida Division of Forestry for a tree planting
project at John Stretch Memorial Park in order to create additional tree canopy
in the park and to enhance the park’s landscape buffer along U.S. Highway 27.
The grant money is being made available as part of a Federal Stimulus Grant
Program and does not require matching funds.
If the grant is awarded, the County will be required to enter into a
Grant Memorandum of Agreement which outlines project costs, status reports,
timelines and reimbursement procedures.
The County will also be required to enter into a Grant Maintenance
Memorandum of Agreement which requires the County to maintain the plant
material established as a part of the project for a period of three (3)
years. The project and related
expenditures must be completed by July 31, 2011. All reimbursement claims must be submitted by
September 30, 2011. District 6 (AH)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: executed Independent Contractor
Agreements
received during the month of February:
A) Arthur Gibson, Basketball Referee, Westgate
Park and Recreation Center for the period February 13, 2010, through April 18,
2010, in an amount not-to-exceed $703;
B) George Tillman,
Basketball Referee, Westgate Park & Recreation Center for the period
February 13, 2010, through April 18, 2010, in an amount not-to-exceed $703; and
C) Caroline Andre,
Cheerleading Coach, Westgate Park & Recreation Center for the period
February 16, 2010, through April 18, 2010, in an amount not-to-exceed $682.
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. District
2 (AH)
3. Staff recommends
motion to approve: a Professional Services Contract with Kiril
Zahariev in an amount not-to-exceed $150,000 for one year, with two (2)
additional 12 month renewal options, effective May 1, 2010, through April 30,
2011, for USA swimming coaching services at the North County Aquatic Complex. Summary: Recreation instructors and sports officials
are exempt from the Purchasing Ordinance.
Resolutions 94-422, as amended, granted Departmental authority to sign
independent contractor agreements with recreation instructors and sports
officials. Kiril Zahariev contracted
with the County over the past six (6) years as a swim coach for the Jupiter
Dragons Swim Team at the North County Aquatic Complex. Due to the term of the contract coupled with
the size of the program, this contract now exceeds the intent of authority
originally delegated, so staff recommends that the coaching services with Kiril
Zahariev be approved through the use of a professional services contract. This is a self sustaining program in which
revenues exceed expenditures, with the County retaining 20% and the contractor
receiving 80%, for a total contract amount not-to-exceed $150,000 per year. District 1 (AH)
4. Staff recommends
motion to approve: Budget Transfer of $22,239 in Park Improvement Fund
from CCRT Neighborhood Parks Unallocated to Westgate Recreation Center
Splashpad. Summary: This
Budget Transfer will provide the additional funding necessary to complete
construction of the Westgate Recreation Center splash playground project. The splash playground will be an interactive facility which will be open
year round with no admission charge. The
splash playground will serve residents of Westgate and Belvedere Homes, as well
as children attending the Head Start facility and summer camp on site.
Current funding is from multiple sources including a Palm Beach County
Housing and Community Development Community Development Block Grant ($152,286);
Countywide Community Revitalization Team (CCRT) Capital Outlay Fund ($125,000);
Park Improvement Fund CCRT ($275,000), and Payments in Lieu of Onsite
Recreation ($18,305). District 2 (AH)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to approve: Agreement with West Jupiter Community Group,
Inc. for the mutual operation of the West Jupiter Recreation Center
after-school program. Summary:
The Parks and Recreation Department
operates an after-school program at West Jupiter Recreation Center (“Recreation
Center”) that serves approximately 40 youth ages 6-12. The West Jupiter
Community Group, Inc. (“Community Group”) operates an after-school program that
serves approximately 45 youth, ages 6-11. The Agreement being presented to the
Board of County Commissioners (“Board”) allows the after-school program at the
Recreation Center to more than double the number of children served to 85,
while maintaining quality and licensing standards at no additional cost to the
County. The Agreement provides for the
County to provide transportation for 45 children and two (2) employees from
Community Group’s center to the Recreation Center. The County will receive $45 per child from
the Community Group and recreation supplies valued at $200 per session. The
Agreement has been executed by West Jupiter Community Group, Inc., and now
needs to be approved by the Board of County Commissioners. District 1 (AH)
6. Staff recommends
motion to approve: Budget
Transfer of $140,000 within the Park Improvement Fund from the Florida Boating
Improvement Program reserve to South County Regional Park Boating Center. Summary: This Budget Transfer will provide the funding
necessary to complete construction of the South County Regional Park Boating
Center. Funding is from the Park Improvement Fund Florida Boating Improvement
Program reserve. District 5 (AH)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to:
A) adopt a Resolution authorizing the County to accept the reassignment of the
Florida Department of Transportation’s South Bay Transportation Enhancement Grant FM#416139-1-58-01 from the City of
South Bay to Palm Beach County;
B) authorize the County Administrator or his designee to execute
the subsequent Florida Department of Transportation’s South Bay Transportation
Enhancement Funding Agreement, as well as task assignments, certifications,
standard forms, or amendments to the Agreement that do not change the scope of
work or terms and conditions of the Agreement; and
C) authorize the Director of the Parks and Recreation Department
to serve as a Liaison Agent with the Florida Department of Transportation.
Summary: In 2003, the City of South Bay applied for
and was awarded a $500,000 Transportation Enhancement grant from the Florida
Department of Transportation (FDOT) for the Lake Okeechobee Scenic Trail Gateway
Trailhead Enhancements project. The grant application requested funding for
construction of the Crossroads Depot, renovations of the Railroad Cottage,
South Florida Water Management District design, engineering, and permitting for
the marina and landscaping. The City of South Bay’s grant application indicated
that $795,800, or 61% of the total project cost would come from local funds.
Due to budgetary constraints and rising project costs, the City returned the
partially completed Depot building and property to the County in 2009, and
requested that FDOT reassign the grant to the County. The amount of the grant
remains at $500,000, however, no matching funds are now required. The scope of the grant has been modified to
include renovation of the historic railroad cottage; construction of sidewalks
and pathways to interconnect the Crossroads Depot; the South Bay RV Campground;
the Lake Okeechobee Scenic Trail (LOST); and to construct associated pedestrian
lighting, landscaping, benches, and bike racks. Total project construction can
be completed for the $500,000 in grant funding. FDOT requires a Resolution
authorizing the County to accept the
reassignment of the Florida Department of Transportation’s South Bay
Transportation Enhancement Grant FM#416139-1-58-01 from the City of South Bay
to Palm Beach County prior to their issuing a grant funding Agreement for the
project. Once FDOT provides the Agreement, the Director of the Parks and
Recreation Department will execute the Agreement on behalf of the County and
staff will prepare a receive and file agenda item to enter the Agreement into
the public records. District 6 (AH)
8. Staff recommends
motion to approve: Sovereignty
Submerged Lands Lease Renewal Modification (No. 500019776) between the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida
(LESSOR) and Palm Beach County (LESSEE) for 10,762.5 square feet of submerged
lands at DuBois Park, for the period February 7, 2010, through February 7,
2015. Summary: The State originally granted the
County a Sovereignty Submerged Lands Lease in 1975 for an existing 20 boat slip
public marina facility at DuBois Park.
The boat slips were removed in the mid-1980’s because of damage to the
concrete docks and shoaling issues. The County has maintained the lease with
plans to rebuild the dock slips. The new
terms of the lease allow the County to operate a 17 slip docking facility
exclusively for mooring of recreational vessels in conjunction with an upland
marina, without fueling facilities, with a sewage pumpout facility and without
liveaboards. The lease requires a $555 processing fee, with no annual lease
fee. The processing fee is budgeted by
the Parks and Recreation Department under annual operating expenses for DuBois
Park. District 1 (AH)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends motion to receive and file: one (1) fully executed License Agreement with the Fire Training Officers of the Palm Beaches, LLC, for training at the Palm Beach County Fire Rescue Regional Training Center, from February 8, 2010 through February 12, 2010. SUMMARY: On September 15, 2009, the Board adopted Resolution No. R2009-1551, which authorized the County Administrator, or his designee (Fire Rescue Administrator), to execute a one (1) year standard License Agreement with outside fire rescue/public safety agencies and other authorized entities providing them with access to the Regional Training Center to conduct training activities and events for public safety personnel. On January 26, 2010, the Board approved a License Agreement with the Fire Training Officers of the Palm Beaches, LLC (FTO), for training at the Palm Beach County Fire Rescue Regional Training Center from February 8, 2010, through February 12, 2010, which is the same as the standard Agreement previously approved by the Board with the following exceptions: (1) the duration was for a five (5) day period rather than a one (1) year period; (2) the general liability insurance requirements were amended to accept the policy provided by the FTO; and (3) a requirement was added to require FTO to obtain from all instructors that it uses for high-risk training, a release in favor of the County. At that same meeting, the Board authorized the County Administrator, or his designee (Fire Rescue Administrator) to execute the License Agreement after execution by the FTO. Pursuant to Countywide PPM CW-O-051, one (1) fully executed License Agreement that has been executed by the Fire Rescue Administrator and the Fire Training Officers of the Palm Beaches, LLC, is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (SB)
2. Staff recommends motion to receive and file: three (3) original standard Agreements for the Fire Rescue Department:
A) Interlocal Agreement for Swimming Lessons
with the City of Riviera Beach;
B) Interlocal Agreement for Swimming Lessons
with the City of Lake Worth; and
C) Independent Contractor Agreement for Swimming Lessons with the Young
Men’s Christian Association of South Palm Beach County, Inc.
SUMMARY: On September 27, 2005, the Board adopted Resolution No. R2005-1906 authorizing the County Administrator, or his designee (the Fire Rescue Administrator) to execute standard Agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, three (3) standard County agreements that have been executed by the County Administrator, or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (PK)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
3. Staff recommends
motion to adopt: a Resolution
authorizing the conveyance of a certain ambulance/rescue vehicle (Asset No.
10180724), and transfer of its title, to the Village of Palm Springs, contingent upon receipt of ten dollars ($10)
consideration and an executed acceptance form, pursuant to Section 125.38,
Florida Statutes; providing for an effective date. SUMMARY:
Since October 1, 2009, the
County has been providing fire-rescue services to the Village of Palm Springs
(Village) pursuant to the Village’s opting into the Fire/Rescue MSTU and the
ten (10) year Interlocal Service Agreement between the County and the Village
(R2009-1552). Pursuant to the Agreement, all Village Fire Rescue vehicles,
apparatus and equipment were transferred to and became the property of the
County. Palm Beach County Fire Rescue has identified one (1) vehicle that does
not meet the Department’s standard and is not needed for County purposes. The Village
is requesting this ambulance/rescue unit (model year 2001: VIN No.
1FDWF36F41EB90181) be returned to the Village for use by its Utilities
Department. It is currently part of Fire
Rescue’s reserve fleet and would otherwise be scheduled for transfer to
surplus. The estimated value of this
vehicle is $6,500. Countywide (SB)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: renewal
of the Excess Automobile Liability Insurance Policy from State National
Insurance Company, purchased through the County’s contracted broker, Arthur J.
Gallagher & Co., under Contract No. 05-102/LJ, in an amount not-to-exceed
$369,000 for the operation of Palm Tran, Inc.’s bus fleet for the period April
1, 2010, through April 1, 2011. Summary: This policy from State
National Insurance Company provides $2,000,000 of coverage excess of a $100,000
per claimant/$200,000 per occurrence self-insured retention that is provided by
the Self-Insured Retention Plan. The not-to-exceed renewal premium is $369,000,
no change from the expiring premium. This premium is not subject to adjustment
for changes in the size of the fleet during the policy period. Sufficient funds
are budgeted in FY 2010 for this coverage. Countywide (TKF/DR)
2. Staff recommends motion to approve: renewal of the Property Insurance Policy from National Union Fire Insurance Company, purchased through the County’s contracted broker, Arthur J. Gallagher & Co., under Contract No. 05-102/LJ, in an amount not-to-exceed $535,000 for the designated properties of Water Utilities for the period April 1, 2010, through April 1, 2011. Summary: This policy from National Union Fire Insurance Company provides $200,000,000 of “all-risk” coverage excess of a $1,000,000 deductible. A reduced sublimit of $50,000,000 applies to losses from “named windstorms” subject to a 5% of insured values deductible. Insured values for the renewal period have decreased by 7.31% over those for the current policy period. The decrease is the result of the transfer of the Lake Region Water Treatment Plant to the newly formed Glades Utility Authority. The not-to-exceed renewal premium is $535,000, a decrease of 7%. Sufficient funds are budgeted in FY 2010 for this coverage. Countywide (TKF/MJ)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
(Cont’d)
3. Staff recommends
motion to approve:
A) renewal of the Excess Property &
Liability Insurance Program for the period April 1, 2010, through March 31,
2011 purchased through the County’s contracted broker, Arthur J. Gallagher
& Co., under Contract No. 05-102/LJ, for a total cost not-to-exceed
$12,500,000; and
B) an increase in the total property insurance
limit purchased to $200,000,000 provided that the cost for the additional
limits does not exceed $50,000.
Summary: The Excess Property & Liability
Insurance Program currently provides excess layers of property insurance
totaling $150 million inclusive of the County’s $1,000,000 self insured
retention and excess layers of liability insurance totaling $6 million
inclusive of the County’s $500,000 self-insured retention. The program also
includes various ancillary excess insurance policies covering damage to
County-owned property resulting from flood, terrorism, boiler & machinery,
and employee dishonesty. The total not-to-exceed cost of $12,500,000 is
inclusive of anticipated mid-year charges for newly added properties and the
recommended increase in property insurance limits and represents a $55,815
(0.4%) decrease over the actual expiring premium of $12,555,815. The County’s
total insurable values have increased 2.52% this year to approximately $2
billion. The cost is also impacted by a variety of State mandated surcharges
and assessments. Sufficient funds are
budgeted in FY 2010 for this coverage. Countywide (TKF)
BB. SHERIFF
1. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the Florida Department of Law
Enforcement Office of Criminal Justice grant to extend the grant period from
January 31, 2010, through May 31, 2010. SUMMARY: The Board of County Commissioners accepted this grant for $16,500 on April 7,
2009; the original period for this grant was February 1, 2009, through January
31, 2010 (R2009-0601). This agenda item
will extend the grant period from January 31, 2010, through May 31, 2010. The
Florida Department of Law Enforcement awarded these funds to the Palm Beach County Sheriff’s Office to
purchase equipment under the Florida Domestic Security Strategic Plan for the Regional
Aviation Response and Support Project. The purpose of the Regional Aviation
Response and Support Project is to
maintain specialized equipment and replace items that have exceeded their useful
lifespan for Aviation Response teams. There is
no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the Florida Department of Law
Enforcement Office of Criminal Justice grant to extend the grant period from
January 31, 2010, through May 31, 2010. SUMMARY: The Board of County Commissioners accepted this grant for $120,000 on April
7, 2009; the original period for this grant was February 1, 2009, through
January 31, 2010 (R2009-0600). This
agenda item will extend the grant period from January 31, 2010, through May 31,
2010. The Florida Department of Law Enforcement awarded these funds to the Palm Beach County Sheriff’s Office to
purchase equipment under the Florida Domestic Security Strategic Plan for the EOD
Regional Team Enhanced Capability Project. The purpose of the EOD Regional Team Enhanced Capability Project is to maintain specialized equipment and
replace items that have exceeded their useful lifespan for SWAT and EOD teams.
There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
3. Staff recommends
motion to approve: a Budget Transfer of $58,947 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2010 estimated donation requirement will not be
finalized until year-end close-out. The funds are requested to aid qualified
organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The
current State LETF balance is $1,572,404.
Approval of this request will reduce the State Law Enforcement Trust
Fund balance to $1,513,457. The year-to-date transfer for all donations
after approval of this item is $260,204.
The PBSO certifies that the use of these funds is in accordance
with F.S. 932.7055. Below is a table
indicating the organizations the PBSO seeks to fund and the corresponding
amount of funding proposed per respective agency. No new positions are needed and no additional
County funds are required. Countywide
(DW)
Organization Amount
ASPIRA
of Florida, Inc. $10,000
Urban
League of Palm Beach County, Inc. $48,947
Total Amount of Donations $58,947
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an Agreement with the
City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative
to provide $343,100 in reimbursable funding for the Regional Virtual Fusion
Center effective until May 31, 2011; and
B) approve a Budget Amendment of $343,100 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miami as the
Miami UASI’s fiscal agent. These funds and related equipment will be used for
the Regional Virtual Fusion Center hosted by the Palm Beach County Sheriff’s
Office. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required. Countywide (DW)
MARCH 23, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
5. Staff recommends motion to receive and file: Grant Adjustment Notice amending the FY 2008 Gang Prevention Coordination Assistance Program Grant to extend the ending grant period from September 30, 2010, through September 30, 2011. SUMMARY: The Board of County Commissioners accepted this grant for $200,000 on October 21, 2008; the original period for this grant was October 1, 2008, through September 30, 2010 (R2008-1954). This agenda item will extend the grant period from September 30, 2010, through September 30, 2011. The Department of Justice, Office of Justice Programs awarded these funds to the Palm Beach County Sheriff’s Office (PBSO) for Palm Beach County’s Gang Prevention Coordination Strategy. The purpose of Palm Beach County’s Gang Prevention Coordination Strategy is to support and enhance the coordination of existing community-based gang prevention and intervention programs and strategies that are closely aligned with local law enforcement efforts. Funds provided will be used for; salary and benefits of a full-time Gang Prevention Coordinator, travel and training for the PBSO Gang Unit, and supplies. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DW)
CC. TOURIST DEVELOPMENT
COUNCIL
1. Staff recommends
motion to approve:
A) Amendment to the Amended and Restated Agreement
(R2007-1622) with the Palm Beach County Cultural Council, Inc. (the “Cultural
Council”) for the provision of services under the County’s Tourist Development
Plan to provide for a revised FY 2010 Annual Budget;
B) extension of the deadline for the reimbursement of TDC
“stimulus” expenses from September 30, 2009, through May 1, 2010 for Category B
and CII grantees listed herein; and
C) Budget Amendment of $88,650 in the TDC Cultural Fund to
recognize unspent stimulus funding from FY 2009.
SUMMARY: The
amendment to the Amended and Restated
Agreement provides for a revised FY 2010 Annual Budget (Exhibit A) to
include $88,650 in rollover TDC “stimulus” funds for marketing and advertising
that promote County tourism. The extension of the deadline through May 1, 2010
will permit the Category B and CII grantees to be reimbursed for marketing and
advertising expenses incurred as part of the TDC “stimulus” program. Countywide
(MC)
* * * * * * * * * * * *
MARCH 23, 2010
4. SPECIAL
PRESENTATION – 9:30 A.M.
A. Proclamation
declaring March 27 – April 3, 2010 as “Barrett-Jackson Collector Car Auction
Week” in Palm Beach County. (Sponsored
by Commissioner Aaronson)
* * * * * * * * * * * *
MARCH 23, 2010
5. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends
motion to adopt: an Ordinance of
the Board of County Commissioners of Palm Beach County, Florida, 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 (5) private citizens to
be appointed by the BCC. 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)
B. Staff recommends
motion to adopt: 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)
C. Staff
recommends motion to:
A) adopt a Resolution confirming the special assessment process for the Tierra Del-Rey Water Main Extension, Special Assessment Project;
B) approve a Work Authorization No. 2 to Sheltra & Son Construction Co., Inc., under the Water Utilities Department (WUD) Continuing Construction Contract (R2009-0944) in the amount of $792,385; and
C) approve a Budget Transfer of $832,000 in the Water Utilities Department Capital Improvement Fund to fund the Tierra Del-Rey Water Main Extension, Special Assessment Project.
SUMMARY: Petitions in favor
of the installation of a potable water main have been provided by the property
owners in Tierra Del-Rey. The project
will serve 77 residential properties currently on private wells. Individual assessments of $12,634.44 per
parcel are based on 100% of the assessable cost and may be paid over 20 years
with equal annual payments of principal and 6½% interest. The total project cost is $972,851.88 and
includes the costs of surveying, design, drafting, permitting, construction,
inspection and construction contingencies.
The project will be constructed utilizing a Work Authorization under the
Water Utilities Department Continuing Construction Contract with Sheltra &
Son Construction Co., Inc. (R2009-0944).
The Small Business Enterprise (SBE) participation goal established by
SBE Ordinance (R2002-0064) is 15% overall.
The contract with Sheltra & Son Construction Company, Inc. provides
for SBE participation of 15%. This
Authorization includes 20.85% overall participation. The cumulative SBE participation is 20.65%
overall. (WUD Project No. 09-061) District
5 (MJ)
MARCH 23, 2010
5. PUBLIC
HEARINGS – CONTINUED
D. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance No. 07-003, as amended by Ordinance No. 09-004 and Ordinance No. 09-041, providing for a schedule of rates for interruptible reclaimed water service; providing for a priority capacity reservation system; providing for repeal of laws in conflict; providing for severability; providing for captions; and providing for an effective date. SUMMARY: This Ordinance amendment establishes rates for reclaimed water produced at the East Central Regional Wastewater Treatment Facilities (ECR) that can be provided to potential customers on an interruptible basis. In accordance with the Reclaimed Water Agreements with Florida Power and Light (FPL) (R2008-0906) and the ECR Board (R2008-0907), the County has approximately 27 million gallons per day (MGD) of reclaimed water available and is contractually obligated to provide FPL’s West County Energy Center (WCEC) with an average daily flow (ADF) of 22 MGD, varying from 4 MGD minimum daily flow to 27 MGD peak daily flow. Since the WCEC’s requirements vary throughout the year, a significant amount of reclaimed water can be made available to potential customers on an interruptible basis during those times when the WCEC’s needs have been met. The recommended rates include a reservation fee of $0.13 per thousand gallons per day ADF ($47.45 per 1,000 gallons of reserved capacity) payable upon execution of an agreement and annually thereafter and a reclaimed water interruptible commodity fee of $0.51 per thousand gallons payable monthly based on usage. The commodity fee will be indexed annually based on three-fourths of the change in the CPI, Water and Sewer Maintenance in accordance with the existing Ordinance. The reservation fee will not be indexed since it represents the recovery of fixed interest costs on the reclaimed water bonds. In accordance with the Reclaimed Water Agreement with FPL, FPL will receive a portion of the revenue from interruptible customers since FPL is paying the full cost of constructing and operating the facilities and pipelines and is responsible for the debt service on the project. The County’s share of the revenue from prospective interruptible customers is approximately $0.01 of the capacity reservation fee and $0.19 of the commodity fee per thousand gallons in accordance with the agreement. Interruptible reclaimed water service will be provided on a priority reserved capacity basis. The County will enter into agreements with potential customers and make deliveries of water on a prioritized basis—fully satisfying the requested water delivery needs of the customer with the earliest agreement date before making delivery to the customer with the second earliest agreement date, and so forth. Each customer is limited to the maximum amount of reclaimed water. Reservation fee payments must be current in order for the County to make deliveries to customers. Countywide (MJ)
* * * * * * * * * * * *
MARCH 23, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve: the creation of a one (1) Economic Development
(Energy) Specialist position (pay grade 35) within the Office of Economic
Development (EDO) to terminate upon the
exhaustion of Federal funds appropriated under the Department of Energy on
August 30, 2012, unless other Federal or State grant funding is identified. SUMMARY:
A one (1) time-limited Economic
Development (Energy) Specialist position was approved by the Board of County
Commissioners (BCC) on December 15, 2009. The position approved is required to
assist in the administration of the grant to Palm Beach County as a result of
Federal funds appropriated under the Department of Energy’s Energy Efficiency
and Conservation Block Grant (EECBG) Program in the amount of $6,587,600. After comprehensive review of the BCC
approved EECBG projects, it has been determined that two (2) Economic
Development Specialists would be appropriate for project management and to
fulfill the Federal reporting requirements. Sufficient funding for this
position is provided through the EECBG Grant’s Administrative costs. This
position will terminate upon the exhaustion of Federal funds appropriated under
the Department of Energy on August 30, 2012, unless other Federal or State
grant funding is identified. These
are Federal funds that require no local match. Countywide (DW)
2. Staff recommends
motion to approve: Amendment No. 1 to the Section 108
Loan Program Agreement (R2009-1612) with Oxygen Development, LLC (Company) to
increase the loan amount from $3,000,000 to $5,947,740, contingent upon the
approval of the U.S. Department of Housing & Urban Development (HUD). SUMMARY: The Section 108 loan will assist
financing the construction of a new manufacturing company in Palm Springs that
will lead to the creation of 400 new full-time equivalent jobs. The estimated
investment totals $23,279,387, of which $11,003,709 is from Bank Atlantic,
$4,000,000 from the Small Business Administration 504 Loan Program, $5,947,740
from the Section 108 Loan Program, and $2,327,939 from owners’ equity.
The Company is a manufacturer of color cosmetics, skin care, hair care and
over-the-counter drug-type products. The Company will use the Section 108 funds
for refinancing of land, refinancing of machinery and equipment, soft costs,
capitalized interest and architectural & engineering expenses. On September
1, 2009, the Board of County Commissioners approved a Resolution (R2009-1443)
for Oxygen’s application of Recovery Zone Facility Bonds. Oxygen has determined
that Section 108 Loan Program Funds will be used in lieu of the Recovery Zone
Bonds. These are Federal funds that require no local match. All documents
are subject to such modifications required for consistency with the loan
commitment, compliance with HUD’s criteria, and to protect the County’s
interest. District 2 (DW)
3. Staff recommends
motion to receive and file: the 2010 Census Executive Steering
Committee Update. SUMMARY: The Census, mandated by the U.S. Constitution,
is a count of everyone living in the United States every 10 years and the 2010
Census is in progress. The County’s Executive Steering Committee, comprised of
Palm Beach County staff, and representatives of the League of Cities, School
District, United Way, Glades Liaison, Urban League (also a member of the
Statewide Complete Count Committee) and U. S. Census Bureau have been working
collectively to impact the awareness of the 2010 Census for Palm Beach County
residents. Census awareness is being coordinated with the Faith-Based
community, media, business, municipalities, hard to count residential areas and
community service providers. Additionally, the School District has launched an
intensive Census awareness program which includes colleges and universities. Census
questionnaires will be mailed or delivered to every household in the United
States in mid-March 2010. Ten (10) questions
ask residents to provide information that is accurate for their household as of
April 1, 2010. Census data are used to distribute Congressional seats to
states, to make decisions about what community services to provide, and to
distribute $400 billion in federal funds to local, state and tribal governments
each year. Countywide (SF)
MARCH 23, 2010
6. REGULAR
AGENDA
B. COUNTY ATTORNEY
1. Staff recommends motion to adopt: a Resolution approving the issuance of one or more series of revenue bonds in an amount not to exceed $215,000,000 (the “Bonds”) by the Palm Beach County Health Facilities Authority (the “Authority”). SUMMARY: The proceeds of the Bonds will be used by the Authority to make one or more loans to Bethesda Healthcare System, Inc. (the “Corporation”) for the Authority to: (i) pay or reimburse the Corporation for, or refinance outstanding indebtedness the proceeds of which were used for, the payment of the costs of acquiring, constructing, renovating, remodeling and equipping certain of its health facilities, including but not limited to the acquisition, construction and equipping of the Bethesda West Hospital; (ii) currently refund all or a portion of the outstanding principal amount of the Authority’s outstanding Health Facilities Revenue Bonds (Bethesda Healthcare System, Inc. Project), Series 2001; (iii) refinance all or a portion of the outstanding principal amount of loans to the Corporation from the Palm Beach County Health Facilities Authority from proceeds of the Palm Beach County Health Facilities Authority Refunding Program Revenue Bonds, Series 1985 (Pooled Hospital Loan Program) (the “Pooled Loans”); and for certain other related uses for the proceeds of the Bonds. Approval of the Authority’s issuance of the Bonds by the Board is required by the Internal Revenue Code; however, adoption of the resolution does not in any way obligate the County. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Districts 3 & 5 (PFK)
C. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
Request for Proposal (RFP) process for funding Financially Assisted Agencies
for FY 2011. Summary:
On September 8, 2009, the Board of County Commissioners approved the
list of agencies and funding allocations under the Financially Assisted
Agencies Program for FY 2010. During that meeting, the Board requested that
staff present the funding process for FY 2011 prior to the budget meetings.
Staff is recommending a full RFP application process be utilized. Funding levels for FY 2011 will be proposed
based on a percentage allocation that is similar to the current FY 2010
funding. The RFP will estimate the total available funds at a 5% decrease from
the FY 2010 funding level. The actual amount will be determined by the Board
during the budget development process. The following service area categories
will be included in the RFP: Domestic Abuse/Sheltering, Economic
Stability/Poverty, Homelessness, Mental Health, Senior Services, Special
Needs/Developmental Disabilities, Substance Abuse, and Youth
Violence/Diversion. All proposers will
be identifying outcomes and data sources for evaluation of their program
results. All agencies will be required to identify their administrative
costs/overhead in the proposal. (Financially Assisted Agencies Program) Countywide
(TKF)
MARCH 23, 2010
6. REGULAR
AGENDA
D. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to authorize: Staff to pursue the following alternatives to provide equestrians in East Caloosa with the ability to cross to the north side of the west leg of the C-18 Canal to access the proposed NENA trail (Pântano Trail): (1) SR 710 Bridge widening, (2) a minimal County construction enhancement of the existing SR 710 Bridge, and (3) construction of a new bridge in Caloosa funded by Caloosa residents through a Municipal Service Taxing Unit (MSTU). SUMMARY: At the Board of County Commissioner’s (BCC) workshop held on January 26, 2010, the BCC directed staff to investigate the feasibility and costs of alternative measures that may be taken to provide equestrians from the small East Caloosa development a way to cross the west leg of the C-18 Canal to access the proposed NENA trail (Pântano Trail) on the north side of the canal. Staff has identified five (5) alternatives, all but one of which will require the support or approval from other governmental entities. The alternatives provide a range of options including one that requires no outright expenditures by the County, one that requires the County to expend over $1.3 million, and one that imposes the cost of a new bridge on the East Caloosa community that directly benefits from the bridge. Staff has ranked the five (5) alternatives in order of priority based on what staff believes is both feasible and affordable for the County. Under the first ranked alternative, the County will work with the Florida Department of Transportation (FDOT) to encourage FDOT to enlarge the SR 710 bridge when it undertakes scheduled improvements to SR 710 to accommodate equestrians. Under the second ranked alternative, the County will work with FDOT to obtain permits to place temporary barriers on the existing SR 710 bridge to provide a more protected accessway for equestrians when crossing that bridge. Under the third ranked alternative, the County will oversee the design, permitting, and construction of a new bridge over the C-18 Canal within the Caloosa area, which will be funded by Caloosa residents through a MSTU to be established for Caloosa. Under the fourth ranked alternative, the County will install fencing along the southern borders of the right of way of the west leg of the C-18 Canal in the Loxahatchee Slough Natural Area and restrictive access gates across the South Florida Water Management District right of way on the south bank of the C-18 Canal immediately east of the existing Ocean to Lake Trail pedestrian bridge in order to protect the Loxahatchee Slough Natural Area. Under the fifth alternative, the County will install fencing adjacent to those portions of the Loxahatchee Slough Natural Area bordering the southern and western edges of the west and south legs of the C-18 Canal. The first four (4) alternatives will require approval from a non-County governmental entity, thus making the success of completing these alternatives uncertain. Only the fifth and most expensive alternative will not require such approvals. On February 19, 2010, the five (5) alternatives were presented to the Natural Areas Management Advisory Committee (NAMAC) because some of these alternatives could potentially impact management strategies for the Loxahatchee Slough Natural Area. NAMAC voted unanimously to recommend the first three alternatives for consideration by the BCC. Staff concurs with that recommendation. District 1 (SF)
MARCH 23, 2010
6. REGULAR
AGENDA
E. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: a Lease and
Lease Buyout Agreement in the amount of $55,000, with Dr. Jackie C. Johns d/b/a
Implant Dental Group of South Florida, LLC, and Esthetic and Implant Dentistry
of South Florida, P.A., the tenant in Unit No. 3, in connection with the
acquisition of Unit No. 3 of the commercial condominium property at 1000 45th
Street in the City of West Palm Beach and its conversion into a Homeless Resource
Center. SUMMARY: On January 12, 2010 (R2010-0137), the Board of County
Commissioners (BCC) approved the purchase of the commercial condominium complex
at 1000 45th Street in the City of West Palm Beach for the establishment of a Homeless
Resource center. More specifically, on such date, the BCC approved an Agreement
for Purchase and Sale with Koral Saritas and Perran Saritas, for the purchase
of Unit No. 3 at this complex. The
current tenant in this unit is Dr. Jackie C. Johns d/b/a Implant Dental Group
of South Florida, LLC (Implant Dental Group) and Esthetic and Implant Dentistry
of South Florida, P.A. (the Tenant). The
proposed Lease and Lease Buyout Agreement will establish a tenant-landlord
relationship between the County and the Tenant beginning on the date the County
acquires Unit No. 3. Since Federal funds
are being used for this project, the Tenant must be allowed to remain in the
property at least 90 days after a notice is given to the Tenant in compliance
with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act (URA). Accordingly, the lease will terminate 90 days after the County
acquires Unit No. 3. The Tenant
presently has a five (5) year lease for Unit No. 3 which expires on June 30,
2014, thereby creating a leasehold interest in said unit. Since the Tenant is being required to vacate
the property prior to the expiration of their lease they are due compensation
in the form of the proposed lease buyout.
Staff obtained two (2) appraisals of this leasehold interest, and
established just compensation for the leasehold interest at $40,000. After negotiations with the Tenant and their
attorney, the parties agreed on the recommended lease buyout amount of $55,000,
and on permitting them to remain in the property rent free for the 90 day
period. The buyout payment is subject to the County first acquiring title to
Unit No. 3. This transaction
is not subject to the Property Review Committee’s review because it involves
the purchase of a leasehold interest in real estate (as opposed to the purchase
of a fee simple interest) and is for less than the $250,000 threshold amount
requiring such review pursuant to Ordinance No. 2009-052. Funding for this Agreement will be derived
from funds to be received under an Interlocal Agreement with the City of West
Palm Beach. District 7 (TKF)
MARCH 23, 2010
6. REGULAR
AGENDA
E. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve:
A) the creation of eight (8) full-time positions within the Department of Housing and Community Development; and
B) a Budget Amendment of
$50,000,000 to establish the budget for the Neighborhood Stabilization Program
2 (NSP2) grant in the 2009-2010 budget.
SUMMARY: The eight (8) positions to be created are: a Mortgage and
Housing Assistance Manager (Pay Grade 47); a Planner II (Pay Grade 34); two (2)
Customer Service Representatives (Pay Grade 15); a Fiscal Specialist II (Pay
Grade 20); a Housing Program Coordinator (Pay Grade 39); a Regulatory
Specialist (Pay Grade 38); and a Contract Development & Quality Control
Director (Pay Grade EO3). The eight (8)
positions are required to carry out administrative, planning, technical and
customer service related work connected with the implementation of activities
funded under two (2) grants awarded to Palm Beach County as a result of: a)
Federal funds appropriated under the Housing and Economic Recovery Act of 2008
(HERA), namely a $27,700,340 Neighborhood Stabilization Program (NSP1) grant
awarded in March 2009, and b) Federal funds appropriated under Title XII of Division A of the American
Recovery and Reinvestment Act of 2009 (ARRA), namely a $50,000,000 (NSP2)
grant awarded in February 2010. Each
position will terminate upon the exhaustion of these Federal funds. However, authorization is also sought for the
continuation of these eight (8) positions in the event that future awards of
Federal or state funding is made available to the County. These are Federal funds which require no local match. Countywide
(TKF)
F. PARKS &
RECREATION
1. Staff recommends
motion to approve: reallocation of $800,000 within the 2002 $50 Million
Recreational and Cultural Facilities Bond referendum as follows:
A) $450,000 from Palm Beach County Gramercy
Park Community Center Park to Center for Creative Education, Inc. for
construction of an Arts Center in West Palm Beach; and
B) $350,000 from South Florida Science Museum
Improvements to Center for Creative Education, Inc. for construction of an Arts
Center in West Palm Beach.
Summary: District 2 and District 7 Commissioners
have identified $800,000 from the 2002 $50 Million Recreational and Cultural
Facilities Bond that they have requested the Board reallocate to the Center for
Creative Education, Inc. (CCE) to complete construction of an Arts Center in
West Palm Beach’s Northwood Village. The
total amount needed to complete this project is $3,000,000, and CCE has secured
all funding necessary to move forward with this project with the exception of
$800,000. Funding is from the 2002
Recreational and Cultural Bond project funding allocated for South Florida
Science Museum Improvements and Gramercy Park Community Center construction. District 7 (PK)
MARCH 23, 2010
6. REGULAR
AGENDA
G. PURCHASING
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
April 20, 2010 at 9:30 a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, setting forth and amending Sections 2-80.41
through 2-80.48 of the Palm Beach County Code, the “Local Preference in
Purchasing Ordinance”; providing for a title; amending Section 2-80.42 “Definitions”;
deleting Section 2-80.43 “Reciprocal Preference for Local Businesses”; amending
Section 2-80.44 “Preference for Local Businesses”; amending Section 2-80.44.1 “Preference
for Glades Businesses”; amending Section
2-80.44.2 “Preference for the use of Glades Subcontractors by Local Businesses”; deleting Section 2-80.45
“interlocal agreements”; providing for waiver; providing for reciprocity; amending
Section 2-80.47 providing for “limitations”; providing for rules and
regulations; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the code of laws and ordinances; and
providing for an effective date. Summary:
This Amendment modifies the reciprocity of our current Local Preference
Ordinance by providing a local preference to businesses from Miami-Dade,
Broward, Martin, or Hendry Counties when those counties provide a local
preference to Palm Beach County businesses.
The Amendment specifically clarifies that the lowest bidding or highest
ranked Palm Beach County business shall not be supplanted by a business from
Miami-Dade, Broward, Martin, or Hendry County receiving our local preference.
Additionally, a limitation of the local preference is included for purchases
made on or behalf of the Glades Utility Authority when made pursuant to the
alternative source selection under the Purchasing Code. Countywide (DW)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
April 20, 2010 at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Palm Beach County Code Chapter 2, Article III, Division 2,
Part A (the Palm Beach County Purchasing Code); amending Section 2-52
“Definitions”; amending Section 2-54(f) “Alternative Source Selection”;
providing for repeal of laws in conflict; providing for severability; providing
for a savings clause; providing for inclusion in the code of laws and
ordinances; and providing for an effective date. SUMMARY: The current Purchasing Code (Ordinance No. 2005-062), as
amended in 2008 (Ordinance No. 2008-009), established a centralized purchasing
system for the procurement of the County’s non-construction related goods and
services. The Amendment to the Purchasing Code being recommended in this item
includes minor revisions necessary in order to facilitate the efficiency of the
County=s procurement process for purchases
made for the Glades Utility Authority and for the implementation of the
Inspector General Fee on piggyback contracts.
Countywide (DW)
MARCH 23, 2010
6. REGULAR
AGENDA
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Change Order No. 92 to the Contract with Moss
& Associates, LLC (R2007-0031) in the amount of $1,798,239 for Construction
Management Services and revisions to construction drawings for the West County
Detention Facility. SUMMARY: On
February 24, 2009, the Board authorized construction of the jail expansion
facility for $70,431,312. The
Architect designed the life safety components of the jail based on their
interpretation of the Building Code. As
part of the plan review, the Building Division required changes in the plans
primarily associated with means of egress and fire ratings of walls. The
Building Official historically has made strict interpretations with regard to
fire ratings and emergency egress in the institutional restrained
classification. Enforcement of the Code is the responsibility of the Building
Official and is within its authority to make the final determination regarding
Code compliance. Change Order No. 92
provides for costs associated with changes due to user requests ($150,000),
changes necessary in order to obtain a building permit ($2,152,239), and a
deduct of $504,000 for demucking work associated with the Palm Tran Maintenance
Facility. The Contractor has also requested additional time and general
conditions due to the late ordering, fabrication, and delivery of critical path
items, i.e. doors, frames, and hardware.
Negotiations are ongoing with respect to the time delay and associated
costs related to the delay or schedule acceleration before a recommendation can
be made. It is critical to approve this
Change Order immediately in order to mitigate future delays. The time and
associated costs will be authorized in a future Change Order. The changes required to obtain a building
permit are considered by Staff to be errors/omissions and will be evaluated in
accordance with County policy and the standard of care required by the contract
at the completion of construction. Change Order No. 92 is funded from
contingency line of the Criminal Justice and Public Improvement Revenue Bond
Series 2008. The Small Business
Enterprise (SBE) participation goal for this project is 15%. Moss & Associates will be providing
24.87% SBE participation in this Change Order. (Capital Improvements Division) Countywide/District
6 (JM)
MARCH 23, 2010
6. REGULAR
AGENDA
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) approve a Budget Transfer of $1,730,000, in the Public Building Impact Fee Fund from reserves, to establish a project entitled West County Jail Expansion Fit-up (Project);
B) approve a Budget Transfer of $1,377,466 in the Public Building Improvement Fund from Restricted Revenues, recognizing revenue from the Sheriff’s Office and establishing a project budget for PBSO West County Jail Expansion Fit-up Purchases;
C) authorize the Director, Facilities Development & Operations, to make certain purchases in an amount estimated at $404,000, for specific items and/or vendors determined by the Sheriff’s Office through its established procurement process, without any County source selection process; and
D) approve the transfer of all assets purchased for use in the jail, substation and Eagle Academy from the County to the Sheriff’s Office at the completion of the Project.
SUMMARY: A total of $3,107,466 in new equipment, fixtures and furniture is
necessary to outfit the West County Jail (which includes the associated
relocated and expanded substation, relocated Eagle Academy and expanded
courthouse) currently under construction. Funding for the County’s share of the
Project was originally funded in 2008 in the amount of $2,400,000 from Public
Building Impact Fees, but then was defunded in 2009 due to an insufficient
impact fee balance. The costs were shifted to the bond. Impact fee funds are now sufficient and Staff
is recommending that the Project be reestablished in the amount of $1,730,000
in order to not finance the purchase of equipment whose life spans are
significantly shorter than the life of the bonds. The Sheriff and Staff have
determined that it is in both parties’ best interests for all aspects of the
Project to be managed by a single entity to: 1) ensure proper coordination
between specification and construction preparation and in terms of installation
and delivery, and 2) take advantage of economies of scale associated with
combined larger purchases; for the County to undertake all purchases. As a
result, the Sheriff has transferred the funding for his share of the Project to
the County which now needs to be recognized and established in an expenditure
line. In order for the County to implement the entire purchase program, Facilities
Development and Operations would be required to make purchases in an amount not
to exceed $404,000, without further source selection, for items specifically
identified by the Sheriff in order to: 1) standardize equipment at all
facilities, and/or; 2) to provide equipment specifically required by its
contractual service providers. The final Motion authorizes the transfer of all
assets purchased for use in the jail, substation or Eagle Academy to the
Sheriff for on-going maintenance, tracking, surplus and replacement. (FDO Admin)
Countywide/District 6 (JM)
MARCH 23, 2010
6. REGULAR
AGENDA
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to:
A) adopt a Resolution authorizing deferral of past due rent, a reduction in the rental rate, the placement of courtyard tables, and finding that the Second Amendment to Governmental Center Lease Agreement with LJL Food Management, Inc. d/b/a Tina’s Café (R2002-0829), is in the best interest of the County; and
B) approve a Second Amendment to Governmental Center Lease Agreement with LJL Food Management, Inc. d/b/a Tina’s Café.
SUMMARY: LJL Food
Management, Inc. d/b/a Tina’s Café has been the food service provider operating
in Suite 110 of the Governmental Center Parking Garage since 2005. In 2009, the
Board approved the First Amendment (R2009-0146) that permitted Tina’s Café to
expand into the adjacent Suite 114 thereby increasing the leased premises from
1,504 SF to 2,554 SF, reduced the rent for a period of two (2) years from
$15.76/SF to $12.50/SF, and extended the term of the Lease until January 31,
2019. Due to economic conditions,
business has declined and Tina’s Café has not paid rent for November through January
totaling $6,917.08. This Amendment
defers payment of the past due rent until December 2018 and reduces the rent
effective January 1, 2010 by ½ from $33,202/yr ($13/SF) to $16,601/yr
($6.50/SF), for a period of two (2) years.
At the end of these two (2) years and every two (2) years thereafter,
the parties will re-evaluate the rent.
This Amendment also allows installation of four (4) tables for outdoor
seating in the courtyard outside the premises. (PREM) Countywide (HJF)
I. CRIMINAL JUSTICE COMMISSION
1. Staff recommends
motion to approve:
A) a Budget Transfer for $173,271 in the American Recovery and Reinvestment
Act – Justice Assistance Grant (ARRA JAG) Fund from reserves to Court
Administration;
B) a Budget Amendment for $173,271 in the General Fund to recognize the
transfer from the ARRA JAG Fund; and
C) three (3)
grant-funded positions for the Fifteenth Judicial Circuit, Court Administration
being a Court Analyst, a County Court Criminal Case Manager, and a Juvenile
Court Case Advisor from December 21, 2009, through December 28, 2010 for $173,271.
SUMMARY: Palm Beach
County received a FY 2009 Recovery and Reinvestment Act Edward Byrne Memorial
Justice Assistance Grant (ARRA JAG) award of $1,246,822 (R2009-1700), for nine
(9) proposals. This budget transfer, budget amendment and positions are
necessary to implement Court Administration’s three (3) proposals. One (1) proposal is for a Court Analyst (Pay Grade 31), the second
proposal is for a County Court Criminal Case Manager (Pay Grade 23) and the
third is for a Juvenile Court Case Advisor (Pay Grade 25). These positions are from December 21, 2009,
through December 28, 2010 for $173,271. The grant-funded positions are
approved for the length of the grant and these positions will be eliminated
when grant funding is discontinued. There is no requirement for match with the
JAG funds. Countywide (DW)
* * * * * * * * * * * *
MARCH 23, 2010
7. BOARD
APPOINTMENTS
A. 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)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 23, 2010
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 23, 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
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 23, 2010 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 23, 2010
PAGE ITEM
7 3A-1 REVISED
SUMMARY: Staff recommends motion
to: A) receive and file the U.S. Department of Housing and Urban
Development (HUD) Approval Letter for a new Section 108 Loan in the amount of
$2,824,000, for the Pahokee Downtown Revitalization Project; B)…C). SUMMARY:
On June 2, 2009 the Palm Beach County Board of County Commissioners adopted a
Resolution (R2009-0902) authorizing the submittal of a Brownfield Economic
Development Initiative (BEDI) grant application and a Section 108 Loan Program
application to fund the Pahokee Downtown Revitalization Project. In June of 2009,
the Economic Development Office (EDO) submitted requests for $1,058,971 BEDI
Grant funds and $2,824,000 Section 108 funds to HUD. On October 20, 2009,
Palm Beach County received and filed the BEDI Grant Award Letter and approved a
Budget Amendment for $1,058,971 (R2009-1745). EDO has received letters
of approval for both sources of funds from HUD. These are federal funds that require no local match. District 6 (DW) (Admin/EDO)
31 6A-2 REVISED
MOTION/TITLE & SUMMARY: Staff recommends motion to approve:
A) conceptually approve Amendment No. 1 to the
a Section 108 Loan Program Agreement (R2009-1612) with Oxygen
Development, LLC (Company) to increase the loan amount from $3,000,000 to
in the amount of $5,947,740, contingent upon the approval of the U.S.
Department of Housing & Urban Development (HUD); and
B) authorize the County Administrator to sign all loan
documents associated with this item.
SUMMARY: The Section 108 loan will assist in financing the construction of a new manufacturing company in Palm Springs that will lead to the creation of 400 new full-time equivalent jobs. The estimated investment totals $23,279,387, of which $11,003,709 is from Bank Atlantic, $4,000,000 from the Small Business Administration 504 Loan Program, $5,947,740 from the Section 108 Loan Program, and $2,327,939 from owners’ equity. The Company is a manufacturer of color cosmetics, skin care, hair care and over-the-counter drug-type products. The Company will use the Section 108 funds for refinancing of land, refinancing of machinery and equipment, soft costs, capitalized interest and architectural & engineering expenses. On September 1, 2009, the Board of County Commissioners approved a Resolution (R2009-1443) for Oxygen’s application of Recovery Zone Facility Bonds. Oxygen has determined that Section 108 Loan Program Funds will be used in lieu of the Recovery Zone Bonds. This agreement supersedes Document R2009-1612. These are Federal funds that require no local match. All documents are subject to such modifications required for consistency with the loan commitment, compliance with HUD’s criteria, and to protect the County’s interest. District 2 (DW) (Admin/EDO)
33 6D-1 DELETED: Staff recommends motion to authorize: Staff to pursue the following alternatives to provide equestrians in East Caloosa with the ability to cross to the north side of the west leg of the C-18 Canal to access the proposed NENA trail (Pântano Trail): (1) SR 710 Bridge widening, (2) a minimal County construction enhancement of the existing SR 710 Bridge, and (3) construction of a new bridge in Caloosa funded by Caloosa residents through a Municipal Service Taxing Unit (MSTU). (ERM) (Moved to April 6, 2010 Meeting)
36 6G-2 REVISED TITLE: Staff
recommends motion to approve on preliminary reading and advertise for Public
Hearing on April 20, 2010 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code
Chapter 2, Article III, Division 2, Part A (the Palm Beach County Purchasing
Code); amending Section 2-52 “Definitions”; amending Section 2-54(f)
“Alternative Source Selection”; amending Section 2-58 “Conflict of
Interest”; providing for repeal of laws in conflict; providing for severability;
providing for a savings clause; providing for inclusion in the code of laws and
ordinances; and providing for an effective date. (Purchasing)
39 6H-4* ADD-ON, TIME CERTAIN
10:30 A.M.: Staff
requests Board direction: regarding
a proposed Lease Agreement with Larise Atlantis, Inc. for a new Lantana Service
Center for the Tax Collector. SUMMARY:
Staff issued a Request for Proposals (RFP) to lease space for a new
branch office for the Tax Collector (TCO) in the Lake Worth/Lantana area. Only one response to the RFP was received
from Larise Atlantis, Inc for space within the Atlantis Plaza on Congress
Avenue and was determined to be responsive. The TCO decided to proceed into
negotiations with Larise in lieu of continuing with Phase 2 of the process as
defined in the RFP and the following terms have been negotiated by the
TCO: 1) 32,700 sf with an option to
reduce to 20,000 sf within two (2) years; 2) five (5) years, with two (2)-five
(5) year options, 3) rent of $8.00/sf,
4) Common Area Maintenance (CAM) at $4.00/sf, 5) rent and CAM
commencement 90 days after execution of the lease on 20,000 sf, 6) CAM
commencing one (1) year after lease with rent commencing two (2) years after
lease on 12,700 sf, 7) all tenant improvements being funded by the County/TCO,
via a Construction Manager at risk (CM) contract with a guaranteed maximum
price (GMP) of $3,650,000, and 8) a construction duration of 180 days.
Exhibit D of
the Lease is the CM contract in the County’s standard form, between Larise and
Morganti Group Inc (MGI) to undertake the tenant improvements on behalf of
Larise. MGI is a Palm Beach County
firm. The SBE participation is
9.2%. Participation by locally owned
contractors is 70%. The cost of the tenant improvements will be paid, in
progress payments, to Larise by the County using funds received from the TCO
via an Interlocal Agreement. While the
funds for the lease payments (rent and CAM) including the tenant improvements
are coming from the TCO’s budget; there is an equivalent loss of excess fees
returned to the Board to offset ad valorem revenue of approximately $4,773,260
in FY 11 (expended in FY 10) and approximately $380,000 annual thereafter,
subject to escalation. The Tax Collector is recommending that the Board approve
the Lease as presented, and if the Board approves the Lease it would be
contingent on the Board also approving: 1) a Resolution designating the various
branches as places of business and subsequent approval by the Department of
Revenue, 2) an Interlocal Agreement between the TCO and County regarding
management and funding of the Lease, and 3) a Budget Amendment recognizing the
funding from the TCO for the tenant improvements; all of which are contained in
a separate Board item.
It is clear that the TCO intends to utilize the full 32,700 sf
(initial and expansion space) and Staff’s analysis assumes that will occur.
While the terms of the Lease appear to be market oriented, the costs of tenant
improvements for this facility are substantial.
The initial improvement cost will be $3,650,000, and the build-out of
the expansion space is estimated to be $1,000,000, for a total of $4,650,000. Rent for a 10-year term will be roughly
$4,000,000, bringing total expenditures over a 10-year term to close to
$8,700,000. In comparison, the cost to
acquire and construct new is estimated to be roughly $13,000,000. The cost to renovate an existing County
facility (Airport Center Building 2) is estimated to be $6,100,000. The TCO position is that the facility is
needed in calendar year 2010 and that the Airport Center facility is outside
her identified service area; and therefore is not a solution. Staff has general concerns in siting this
facility within a privately owned multi-tenant shopping center, and specific
concerns with respect to the location of the proposed branch within the
building and the parking availability as well as various other terms that are
discussed in detail in the background and policy issues section. (FDO Admin)
Countywide (JM) (FDO)
39 6H-5 ADD-ON:
Staff requests direction on:
A) Adoption
of a Resolution authorizing a new Tax Collector Lantana Service Center, replacing
the current suburban Lake Worth Branch and ratifying and affirming the Tax
Collector’s other existing branch offices;
B) Approval
of an Interlocal Agreement with the Tax Collector of Palm Beach County (TCO)
regarding the funding, management and administration of the lease between the
County and Larise Atlantic, Inc. (Lease) for the Tax Collector Lantana Service
Center; and
C) Approval
of a Budget Amendment in the amount of $3,720,000 in the Public Building
Improvement Fund recognizing revenue from the Tax Collector and establishing a
project line.
SUMMARY: The
Florida Constitution requires the Board of County Commissioners adopt a
resolution approving the location of branch offices for the Tax Collector for
the conduct of County business; which also includes the new Lantana Service
Center located at 6228 South Congress Avenue, Lantana, FL 33462. Adoption of
this Resolution by the Board and subsequent acceptance by the Department of
Revenue will allow the TCO to utilize TCO budget to fund the improvements and
lease payments at the new Lantana Service Center. The Interlocal Agreement essentially assigns
full financial and physical responsibility for all aspects of the Lease to the
TCO except for: 1) actually making rent or additional rent payments, 2) making
payments pursuant to the Lease Exhibit D, Landlord’s tenant improvement work,
3) approving changes orders to the Lease Exhibit D, or 4) entering into any
agreements which would either change the Board’s obligations under the Lease or
terms of the Lease. The term of the Interlocal Agreement is until the Lease
terminates or the County is released from its obligations under the Lease, and
the TCO has paid the County all reimbursements due. The budget amendment increases a project line
within Fund 3804 entitled Various Facilities Improvements Constitutional
Officers providing sufficient funds within the line to fund the work required
by Lease Exhibit D and providing for the acceptance of revenue in the same
amount from the Tax Collector. Both one-time and recurring expenditures will be
reimbursed by the TCO upon receipt of an invoice from the County. (FDO Admin) Countywide
(JM) (FDO)
39 6J-1 ADD-ON:
Staff recommends motion to approve:
A) Acceptance of Grant Award No. G10AC00135 from the U.S. Geological Survey (USGS) for $249,865.58 for grant funds to provide digital ortho mapping by June 30, 2011 under the American Recovery and Reinvestment Act (ARRA) of 2009; and
B) a Budget Amendment of $249,866 in the Information Technology Capital Improvement fund to establish grant budget, contingent upon the grant award.
SUMMARY: Palm Beach
Countywide GIS was approved for ARRA grant monies in the amount of $249,865.58
under the USGS digital ortho imagery mapping program. A proposal was submitted December 1, 2009
outlining how the Countywide GIS mapping program met grant requirements for
USGS priority areas, and Hazard and Ecosystem priority interests. Included with our grant application were
letters of support from local public entities that participate in Palm Beach
County geographic data sharing partnerships.
Grant matching requirements were met through in-kind staff services with
no cash match involved. Digital ortho imagery mapping will be completed by
Surdex Corporation currently under contract with Palm Beach County. The award
documents have been received and must be executed and returned by March 31,
2010. Countywide (PK) (ISS)
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 (*).