ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 18, 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 - 29)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 30 -
31)
5. REGULAR
AGENDA (Pages 32 - 38)
6. BOARD
APPOINTMENTS (Page )
7. STAFF
COMMENTS (Page 39)
8. COMMISSIONER
COMMENTS (Page 40)
9. ADJOURNMENT OF
THE BOARD OF COUNTY COMMISSIONERS (Page 41)
SPECIAL MEETING OF THE SOLID
WASTE AUTHORITY – 2:00 P.M.
(Separate Agenda)
* * * * * * * * * * *
MAY 18, 2010
TABLE OF CONTENTS
CONSENT AGENDA
Page 7
3A-1 Resolution
from Town of Palm Beach Shores opposing 1% fire rescue sales surtax
3A-2 Memorandum of Understanding with regional
planning councils regarding the Sustainable Communities Initiative grant
application
3A-3 Resolution
urging Army Corp to expedite Herbert Hoover Dike rehabilitation
Page 8
3A-4 Seven (7) project activities/agreements for
the Energy Efficiency/Conservation Competitive Grant Program
3A-5 Amendment No. 2 with Lake Okeechobee
Regional Economic Alliance for seven (7) façade improvements projects
B. CLERK
& COMPTROLLER
Page 8
3B-1 Warrant list
3B-2 Minutes
Page 9
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
C. ENGINEERING
& PUBLIC WORKS
Page 9
3C-1 Contract with Ranger Construction Industries
for Military Trail (Clint Moore Road to Lake Worth Road) improvements
3C-2 Contract with H & J Contracting for
Congress Avenue (Lantana Road to south of Melaleuca Lane) improvements
Page 10
3C-3 Contract with B & B Underground
Contractors for street/drainage improvements for Roan Lane and Roan Court
3C-4 Deleted
3C-5 Resolution vacating two-foot wide utility
easement with West Gate Estates
Page 11
3C-6 Resolution amending assessment roll for El
Paso Drive, Rodeo Drive, Pinto Drive and Yearling Drive paving improvement
project
3C-7 Supplemental Agreement No. 6 with Wantman
Group for design plans/construction bid documents for Palmetto Park Road
(Powerline Road to I-95)
3C-8 Contract with H & J Contracting for “A” Street
paving/drainage improvements
3C-9 Task Authorization with Erdman Anthony of
Florida for design plans/construction bid documents for Caroline Avenue
crossing over L-3 Canal
Page 12
3C-10 Joint Participation Agreement with FDOT for
enhancement and operation of traffic system system
D.
COUNTY ATTORNEY - None
E.
COMMUNITY SERVICES
Page 12
3E-1 Contract with FL Dept. of Community Affairs
for Low Income Home Energy Assistance Program funds
3E-2 Resolution
regarding the Head Start/Early Head Start Policy Council
3E-3 Contract with Oakwood Center of the Palm
Beaches for 15 permanent housing beds for disabled, homeless individuals
Page 13
3E-4 Contract
with FL Dept. of Elder Affairs for Senior Companion Program funds
F.
AIRPORTS - None
MAY 18, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Resolution
authorizing First Amendment to Loan Agreement regarding line of credit
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Contract with
Robling Architecture Construction for annual Job Order Contract – South
3H-2 Contract with
Sisca Construction Services for annual Job Order Contract – South
Page 15
3H-3 Contract with
Holt Contractors for annual Job Order Contract – North
3H-4 Contract with All-Site Construction for
annual Job Order Contract – North
3H-5 Contract
with F.H. Paschen, S.N. Nielsen & Associates for annual Job Order Contract
– Central
Page
16
3H-6 Contract
with H.A. Contracting Corp. for annual Job Order Contract – Central
3H-7 Contract
with Gentile Holloway O’Mahoney & Associates for property development
evaluation services
3H-8 Contract
with Urban Design Kilday Studios for property development evaluation services
Page
17
3H-9 Second
Amendment with Good Samaritan Medical Center regarding EMS common talk groups
3H-10 Second Amendment with Boca Raton Community Hospital regarding EMS
common talk groups
3H-11 First Amendment with State Attorney’s Office for access to 800 MHz
radio system
Page
18
3H-12 Utility Easement Agreement in favor of Florida Public Utilities for
natural gas transmission line bordering Fire Station No. 34
3H-13 Resolution conveying 13 vacant surplus properties (1.27 acres) to
the City of Lake Worth
Page
19
3H-14 Extension of Lease Agreement with Bedner Farm, Inc. for agricultural
use of 246 acres in Ag Reserve
3H-15 Contract with M.A.C. Construction for annual Job Order Contract –
Central
Page
20
3H-16 Task Order No. 1 with AT&T Corp. for hardware/software for Video
Visitation System
3H-17 Second Amendment with Wellington Regional Medical Center regarding
EMS common talk groups
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Reimbursement to City of Lake Worth for
Latona Avenue improvements and Memorial Park improvements
3I-2 Agreement
with City of Lake Worth for Howard Park restroom facility
3I-3 Conditional Grant Agreement with Delray
Beach Community Development Corp. regarding rehabilitation to six (6) rental
units
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 22
3K-1 Receive and
file two (2) standard development agreements
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page
22
3L-1 Florida
Inland Navigation District Waterways Assistance Program grant application for
construction of the John’s Island Oyster Reef project
MAY 18, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L.
ENVIRONMENTAL RESOURCES MANAGEMENT (Continued)
Page
23
3L-2 Amendment
No. 1 with Solid Waste Authority regarding fill material from the Cypress Creek
Natural Area
3L-3 Consent
of Easement with U.S. Army Corps of Engineers for riprap and native estuarine
vegetation with the Jupiter Ridge Shoreline Restoration project
3L-4 Amendment
No. 1 with Coastal Planning and Engineering for coastal and marine engineering
services
Page
24
3L-5 Supplemental
No. 1 with Taylor Engineering for sea turtle monitoring services
M.
PARKS & RECREATION
Page
24
3M-1 Agreement
with Redemptive Life Fellowship Urban Initiative Corp. for Palm Beach Youth Jam
2009
Page
25
3M-2 Ratify
FL Dept. of Environmental Protection Land & Water Conservation Fund grant
application for John Prince Memorial Park improvements
3M-3 Budget
Transfer to Lantana Intracoastal Fishing Pier project
N.
LIBRARY
Page 26
3N-1 Literacy Coalition of Palm Beach County
AmeriCorps Site Application for Literacy AmeriCorps Palm Beach County project
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Interlocal
Agreement with PBSO regarding Youth Violence Prevention project
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 27
3S-1 U.S.
Department of Homeland Security’s 2009 Assistance to Firefighters Grant award
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES
Page 27
3U-1 Interlocal
Agreement with Seacoast Utility Authority to connect to PBC regional network
3U-2 Renewal of
Oracle database software maintenance agreement
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 28
3X-1 State Homeland Security Grant Program
Agreement to develop and enhance emergency preparedness capabilities
Y.
PURCHASING - None
Z.
RISK MANAGEMENT - None
MAY 18, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA.
PALM TRAN
Page
28
3AA-1 Transportation Disadvantaged Trip and Equipment Grant Application to
FL Commission for the Transportation Disadvantaged
3AA-2 Interlocal Agreement with City of Delray Beach regarding
installation of bus shelters
BB.
SHERIFF
Page 29
3BB-1 Budget Transfer from Law Enforcement Trust Fund
for several non-profit organizations regarding drug
treatment/prevention/education and crime prevention, etc.
BB.
INTERNAL AUDIT
Page 29
3CC-1 Amendment No. 6 with Joseph
Bergeron, Internal Auditor
PUBLIC HEARINGS – 9:30 A.M.
Page
30
4A Water
Tampering Ordinance
4B Business
Tax Ordinance
Page
31
4C Budget
Amendments & Transfers to adjust the FY 2010 budget
REGULAR AGENDA
ADMINISTRATION
Page 32
5A-1 Fire Rescue
Surtax (1%) Ordinance
ADMINISTRATION
Page 33
5B-1 Waive prohibited relationship/Contract with
Cotleur & Hearing for property development evaluation services
5B-2 Easement
from Boca Highland Beach Club & Marina regarding Cam D. Milani Park
Page
34
5B-3 Stipulated
Settlement Agreement with Town of Highland Beach regarding Cam. D. Milani Park
Page
35
5B-4 Budget
Transfer regarding Tax Collector space in South County
Page
36
5B-5 Tri-Party
Interlocal Agreement with City of Belle Glade and School Board regarding
various land swaps in order to develop a combined library and civic center in
Belle Glade
OFFICE
OF FINANCIAL MANAGEMENT& BUDGET
Page 37
5C-1 Resolutions authorizing General Obligation
Refunding Bonds (Library District Improvement Project) (Recreational and
Cultural Facilities)
LIBRARY
Page 38
5D-1 Library
Expansion Program II
COUNTY ATTORNEY
Page 38
5E-1 Settlement Agreement with FL Dept. of
Community Affairs in Department of Community Affairs, et al. vs. Palm Beach
County, et al. (Okeelanta Plan Amendment)
MAY 18, 2010
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Page 39)
STAFF
COMMENTS (Page 40)
COMMISSIONER
COMMENTS (Page 41)
ADJOURNMENT (Page 41)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to receive and file:
Resolution No. R-12-10 of the Town Commission of the Town of Palm Beach
Shores, Florida, expressing opposition to the proposed Palm Beach County 1%
Fire Rescue Sales Surtax; memorializing the Town Commission’s decision to
decline participation with Palm Beach County in a proposed Interlocal agreement
with Palm Beach County which a majority of fire rescue providers must execute
as a condition precedent to the matter being considered by County electors;
providing an effective date; and for other purposes. Countywide
2. Staff recommends
motion to approve: a Memorandum of Understanding (MOU) with the Treasure Coast
Regional Planning Council and the South Florida Regional Planning Council
establishing a working partnership for the Sustainable Communities Initiative
(SCI) grant application. SUMMARY:
On March 9, 2010, Palm Beach
County Board of County Commissioners (BCC) approved Resolution R2010-0313
supporting the Regional Planning Councils of Southeast Florida in preparing a comprehensive joint application
under the Federal Sustainable Communities Initiative to improve regional
planning efforts with the goal to establish a comprehensive regional plan to
improve the Regions Sustainability. This MOU will show
Palm Beach County’s support for establishing a comprehensive regional plan or
vision identifying critical projects and infrastructure to improve the Region’s
sustainability, and to assist and guide federal agencies in prioritizing and
focusing future federal investment in Southeast Florida. There is no local
match required. Countywide (DW)
3. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, urging the Army Corp of Engineers to expedite the
rehabilitation of the Herbert Hoover Dike (Dike) critical to the safety of the
cities surrounding Lake Okeechobee (Lake) and to minimize the Economic Impact
of these cities of Rural Economic Concern.
SUMMARY: The Army Corp of Engineers released a
construction timeline for the repair of the Dike that anticipate Reach 1 from
Port Mayaca to Belle Glade in 2016, and the completion of Reaches 2 & 3
which includes South Bay, Lake Harbor and Clewiston in 2017. Route 2, the main
boating channel that runs from Port Mayaca to Clewiston is a major economic
generator in terms of tourism for the Lake communities. The Army Corp also has
suspended any permits for the maintenance dredging of Route 2 until the
completion of the Dike restorations which presents a significant economic
impact to the region and marine industry.
At the joint meeting between the Board of County Commissioners and the
Cities of Belle Glade, Pahokee and South Bay, held on April 12, 2010, each
entity agreed to pass a Resolution asking the Army Corp of Engineers to
expedite the Dike rehabilitation critical to the safety and economic
environment of the Lake communities. Countywide
(DW)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends
motion to approve: seven (7) project
activities and Agreements with local governmental organizations for the Energy
Efficiency/Conservation Competitive Grant Program totaling $850,000 in the
amounts indicated below for the contract period of May 4, 2010, to May 3, 2012:
A) City of Atlantis in the amount of $71,000;
B) City of Greenacres in the amount of $91,648;
C) Constitutional Tax Collector Serving Palm Beach County in
the amount of $217,681;
D) Palm Beach State College in the amount of $148,820;
E) Town of Haverhill in the amount of $53,170;
F) Town of Lantana in the amount of $217,681; and
G) Town of Ocean Ridge in the amount of $50,000.
SUMMARY: On November 3, 2009 (R2009-1832), the Board of County Commissioners
approved the program criteria for the Energy Efficiency and Conservation Block
Grant (EECBG) Energy Efficiency/Conservation Competitive Grant Program totaling
$850,000 to provide local governmental organizations, who did not receive a
formula-based award, an opportunity to implement energy efficiency and
conservation improvements on public properties to reduce fossil fuel emissions,
increase energy savings, and to create and/or retain jobs. A total of seven (7)
applications were received. All project activities funded by EECBG funds are
required to be submitted to the Department of Energy. The applicants and their
projects were approved by DOE on March 1, 2010. These projects will create/retain
a total of 53 FTE jobs. These are federal funds that require no
local match. Countywide
(DW)
5. Staff recommends
motion to approve: Amendment No. 2 to Grant Agreement R2007-0447 with
the Lake Okeechobee Regional Economic (LORE) Alliance, Inc. extending the
expiration date from April 10, 2010 to April 9, 2011. SUMMARY: This Amendment will allow for the continued processing of seven (7)
façade improvement projects for small business/property owners including one
(1) design project funded under the Façade/Exterior and Architectural Grant
Programs administered by LORE. Four (4) façade improvement projects are
completed and the remaining projects are in development. Funds for improvements
will be 100% matched or better by the business/property owners. These
improvements will enhance the main corridors in the Glades communities and
serve as a catalyst for other businesses in the area to improve their
properties. Upon completion, LORE’s contract totaling $200,000 will have
leveraged an estimated $1,136,581 in capital investment. 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
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
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 March
2010. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Contract with Ranger Construction Industries, Inc. (Ranger), the lowest responsive, responsible bidder in the amount of $6,385,196.10 for the construction of Military Trail from Clint Moore Road to Lake Worth Road (Project). SUMMARY: Approval of this Contract will allow Palm Beach County to issue a Notice to Proceed to Ranger, a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15%, but the responsive bidders cannot be ranked for SBE compliance for this Project due to federal funding restrictions. The SBE and DBE participation proposed for the Project by Ranger is 6.66% and 0.00%, respectively. This is an American Recovery and Reinvestment Act (ARRA) project. Time to complete all work under this contract shall be no more than 330 calendar days. Districts 2, 3, 4 & 5 (MRE)
2. Staff recommends
motion to:
A) approve a Contract with H & J Contracting, Inc. (H & J), the lowest responsive, responsible bidder in the amount of $5,551,422.15 for the construction of Congress Avenue from Lantana Road to south of Melaleuca Lane (Project); and
B) approve a Budget Amendment of $5,337,472 in the Road Impact Fee Fund – Zone 4 to recognize reimbursement funding from the Florida Department of Transportation - $5,290,533; AT&T-$17,804.48; FPL Fibernet-$4,521.54; Comcast-$10,815; City of Lake Worth-$2,406.91 and City of Atlantis-$11,391.30 and appropriate it to Congress Avenue from Lantana Road to south of Melaleuca Lane.
SUMMARY: Approval of this Contract and Budget Amendment will allow Palm Beach County to issue a Notice to Proceed to H & J, a Palm Beach County contractor, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15%, but the responsive bidders cannot be ranked for SBE compliance for this Project due to federal funding restrictions. The federally required non-mandatory Disadvantaged Business Enterprise (DBE) goal for the project is 8.18%. The SBE and DBE participation proposed for the Project by H & J is 15% and 0.00% respectively. Time to complete all work under this Contract shall be no more than 480 calendar days. District 3 (MRE)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) a Contract with B & B Underground
Contractors, Inc. (Contractor), the lowest, responsive, responsible bidder, in
the amount of $901,056.37, for Project No. 2007056 and 2008131, the
construction of street and drainage improvements for Roan Lane and Roan Court
(Project);
B) a Joint Project Agreement with Seacoast Utility
Authority (Seacoast) for the construction of the water and sewer improvements
on Roan Lane; and
C) a Budget Amendment of $322,076, in the
Capital Outlay Fund to recognize reimbursement funding from Seacoast and
appropriate it to Roan Lane Drainage Improvements.
SUMMARY: Approval of
this Project will allow for reconstruction of existing water mains and
services, construction of new storm sewer and drainage structures and overlay
of existing asphalt roadway and driveways for Roan Lane. Roan Court will be
completely reconstructed. The Contractor is a Palm Beach County company. The
Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
Project by Contractor is 17.99% overall.
District 1 (MRE)
4. DELETED
5. Staff recommends motion to adopt: a Resolution vacating a portion of a two foot wide utility easement as recorded in Deed Book 267, Page 366, which lies within Lot B of the Replat of Part of Block 57, West Gate Estates, recorded in Plat Book 18, Page 94, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow the petitioner to make way for the construction of a new Fire Rescue Station at the northwest corner of Oswego Avenue and Seminole Boulevard. The utility providers are utilizing other available utility easements in the area therefore this utility easement is no longer needed. District 2 (PK)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to:
A)
adopt a Resolution to amend the
initial assessment roll to the actual cost of the project from $33.75 per
abutting foot to $30.91 per abutting foot;
B) approve finalization of the assessment roll for El Paso Drive, Rodeo Drive, Pinto Drive and Yearling Drive Paving Improvement Project (Project);
C) approve authorizing the Tax Collector’s Office to process and collect the assessment payments; and
D) approve the transfer of El Paso Drive and Yearling Drive (project number 2003135), Rodeo Drive (project number 2005129) and Pinto Drive (project number 2005130) to Palm Beach County owned and maintained roads.
SUMMARY:
Finalization of the assessment roll for the Project will allow the assessment
payments to be processed and collected by the Tax Collector’s Office. The total assessable costs are $1,142,433.60.
The final assessment roll is attached. El
Paso Drive, Rodeo Drive, Pinto Drive and Yearling Drive will be transferred
from being Palm Beach County (County) courtesy maintained roadways to being
County maintained roadways. District 6
(MRE)
7. Staff recommends motion to approve: Supplemental Agreement No. 6 to Project Agreement R2003-1658 in the amount of $134,448.89 with Wantman Group, Inc. for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the services necessary for the preparation of design plans and construction bid documents for Palmetto Park Road from west of Powerline Road to I-95. District 4 (PK)
8. Staff recommends
motion to approve: a
Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive,
responsible bidder, in the amount of $117,228.03 for “A” Street Paving &
Drainage Improvements (Project), No. 2006132.
SUMMARY: Approval of this Project will allow construction of
paving and drainage improvements for approximately 600 lineal feet (0.11 miles)
of road on “A” Street. This work
includes new pavement, driveway reconstruction, and a drainage stormwater
management system. The Contractor is a Palm Beach County business. The Small
Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
Project by the Contractor is 16.77% overall.
District 3 (MRE)
9. Staff recommends motion to approve: a Task Authorization to the Annual Agreement R2008-0164 in the amount of $61,020.52 with Erdman Anthony of Florida, Inc. for professional services. SUMMARY: Approval of this Task Authorization will provide the professional services necessary for the preparation of design plans and construction bid documents for Caroline Avenue crossing over Lake Worth Drainage District L-3 Canal bridge replacement. Districts 2 & 6 (PK)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to adopt: a Resolution
to approve a Joint Participation Agreement (JPA) for the enhancement and
operation of the traffic signal system with the Florida Department of
Transportation (FDOT). SUMMARY:
Adoption of this Resolution and approval of this JPA will provide for continued
funding for seven (7) staff positions through the FY 2014/2015. FDOT desires to extend its current funding
for the enhancement and operation of the traffic signal system through FY
2014/2015. The JPA will provide continuance of salaries for seven (7) staff
members associated with the Intelligent Traffic System Center and the Signal
System Operations. The total funding is
not to exceed $2,500,000 for the duration of this JPA and not to exceed
$500,000 per year, as shown in the Exhibit B of this JPA. Countywide (MRE)
E. COMMUNITY SERVICES
1. Staff recommends motion to receive and file: Contract 10EA-8F-10-60-01-023 Low
Income Home Energy Assistance Program (LIHEAP) with the State of Florida Department of Community Affairs for the period March 1, 2010, through March 31, 2011, in an amount not-to-exceed $4,394,090 for energy assistance. Summary: The fully executed document (R2010-0322) has been returned to Community Action and requires submission to the Clerk’s office for filing. LIHEAP funds of $4,394,090 will enable Palm Beach County Community Action Program to provide assistance to 10,120 low-income households with energy bills and crisis assistance to prevent service disconnection or restore utility service. (Community Action Program) Countywide (TKF)
2. Staff recommends motion to:
A) adopt Resolution
repealing and replacing Resolution R2006-1878 regarding the Head Start/Early
Head Start Policy Council; and
B) approve the Policy Council By-Laws.
Summary: A modified Resolution is necessary to accommodate changes in the Head
Start Act of December 2007. The Head Start Act of 2007 also requires that the
Policy Council By-Laws are approved by the Board of County Commissioners. (Head
Start) Countywide (TKF)
3. Staff recommends
motion to approve: Contract
for Provision of Financial Assistance with Oakwood Center of the Palm Beaches,
Inc. for the period of May 23, 2010, through May 22, 2011, in an amount of
$191,880, for 15 permanent housing beds for disabled, homeless individuals. Summary:
This Contract with Oakwood Center of the Palm Beaches, Inc. is a collaborative
with the Division of Human Services funded under a Housing and Urban
Development (2009 HUD) Shelter Plus Care Program Grant. The grant provides
rental assistance for permanent housing beds for 15 homeless, disabled
individuals. No local match is required
by the County for this grant. (Human Services)
Countywide (TKF)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
4. Staff recommends
motion to approve:
A) Standard Contract No. XI510 for the Senior Companion Program (SCP) state
grant funds totaling $25,777 with the Florida Department of Elder Affairs for
the period March 1, 2010, through June 30, 2010, for volunteer services; and
B) Budget Amendment of $25,777 in the Division
of Senior Services (DOSS) Administration Fund to establish grant budget,
contingent upon grant award.
Summary: The purpose of this new SCP is to match volunteers, age 55 and older,
with frail, homebound, at-risk elders and their caregivers to assist them in
living independently in their own homes and communities and to demonstrate need
for the program so that funds can be secured in future years. Under this
Contract, DOSS will provide a volunteer stipend reimbursement at the rate of $2.65
per hour for a maximum of 5,220 volunteer service hours. Services include in-home respite, escorted
transportation, shopping assistance, homemaking, companionship, as well as
one-on-one assistance to elders in center-based respite programs, congregate
meal sites, adult day care centers, and assisted living facilities. DOSS will
provide the overall supervision of the volunteers. No County match is required.
(DOSS) Countywide (TKF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution
authorizing the execution of a First Amendment to Loan Agreement in connection
with the extension of the County’s line of credit in the principal amount of
$38,776,332, dated May 21, 2009 with Wells Fargo Bank that satisfies the debt
service reserve fund requirements for seven (7) of the County’s outstanding
bond issues; authorizing the execution of a separate First Amendment to Loan
Agreement in the principal amount of $22,568,948 in connection with the
extension of the County’s separate line of credit with Wells Fargo Bank (the
Bank), dated June 4, 2009 that satisfies the debt service fund requirements for
four other County bond issues and providing an effective date. SUMMARY: Under the terms of the loan agreements, the
County requested that the Bank extend the maturity date for each Loan Agreement
for one (1) year. The Bank has agreed to
extend the Loans Agreements for one (1) year with all other terms and
conditions remaining unchanged. The
County will continue to pay an annual fee of .65% ($398,774) for the letters of
credit issued to satisfy the debt service reserve requirements under the Loan Agreements. The County expects to continue to renew the Loan
Agreements each year. The annual fees
will be included in the FY 2011 Budget. Countywide (PFK)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Contract with Robling
Architecture Construction, Inc. for the Job Order
Contract (JOC) - South (Bond-Waiver) with a maximum value of $1,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $1,500,000.
The contract will terminate when a total of $1,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) – one (1) year renewals at the sole option of the County. Robling
Architecture Construction, Inc. will perform work
identified by the County on a work order basis, in accordance with the
following cost factor adjustments to the Unit Price Books:
0.9800 Project requires work to be performed during
normal working hours;
0.9900 Project requires work to be performed outside
normal working hours; and
1.0950 Project requires work not included in the
Unit Price Books (Non-Pre-Priced)
This is
a bond-waiver contract. The cumulative value of active bond waiver work orders
at any time will be limited to $200,000. JOC Bond Waiver contract projects that
exceed the $200,000 bond waiver limit (but are within the contract limit)
individually or cumulatively, will require a bond. The Small Business
Enterprise (SBE) goal established for this Contract is 15%. Robling Architecture Construction,
Inc. is a Palm Beach County based company. (FDO
Admin) Countywide (JM)
2. Staff recommends
motion to approve: a Contract with Sisca Construction Services, LLC for the Job Order Contract (JOC) - South (Bond-Waiver)
with a maximum value of $1,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $1,500,000.
The contract will terminate when a total of $1,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) – one (1) year renewals at the sole option of the County. Sisca Construction Services, LLC will perform work identified by the County on a work order
basis, in accordance with the following cost factor adjustments to the Unit
Price Books:
0.9800 Project requires
work to be performed during normal working hours;
1.0000 Project requires
work to be performed outside normal working hours; and
1.1000 Project requires work not included in the
Unit Price Books (Non-Pre-Priced)
This is
a bond-waiver contract. The cumulative
value of active bond waiver work orders at any time will be limited to
$200,000. JOC Bond Waiver contract
projects that exceed the $200,000 bond waiver limit (but are within the
contract limit) individually or cumulatively, will require a bond. The Small
Business Enterprise (SBE) goal established for this Contract is 15%. Sisca
Construction Services, LLC is a Palm Beach County
based company. (FDO Admin) Countywide
(JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Contract with Holt Contractors, Inc. for the
Job Order Contract (JOC) - North with a maximum value of $2,500,000. SUMMARY:
This Contract is for one (1) year and is
an indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $2,500,000. The contract will terminate when a
total of $2,500,000 in work orders is issued or when the one (1) year time
period has expired, whichever comes first.
The contract provides for four (4) – one (1) year renewals at the sole
option of the County. Holt Contractors,
Inc. will perform work identified by the County on a work order basis, in
accordance with the following cost factor adjustments to the Unit Price Books:
0.9500 Project requires
work to be performed during normal working hours;
0.9620 Project requires
work to be performed outside normal working hours; and
1.1000 Project
requires work not included in the Unit Price Books (Non-Pre-Priced)
The Small Business Enterprise (SBE) goal established for this Contract
is 15%. Holt Contractors, Inc. is a Palm Beach County based company. (FDO Admin) Countywide (JM)
4. Staff recommends
motion to approve: a
Contract with All-Site Construction, Inc. for the Job Order Contract (JOC) -
North with a maximum value of $2,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $2,500,000.
The contract will terminate when a total of $2,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) – one (1) year renewals at the sole option of the County. All-Site Construction, Inc. will perform work
identified by the County on a work order basis, in accordance with the
following cost factor adjustments to the Unit Price Books:
0.9699 Project requires work to be performed during normal
working hours;
0.9804
Project requires work to be performed outside normal working hours; and
1.0527 Project requires work not included in the Unit Price Books
(Non-Pre-Priced)
The Small Business Enterprise (SBE) goal established for this Contract
is 15%. All-Site Construction, Inc. is a
Palm Beach County based company. (FDO Admin) Countywide (JM)
5. Staff recommends
motion to approve: a Contract with F.H.
Paschen, S.N. Nielsen & Associates, Inc. for the Job Order Contract (JOC) -
Central with a maximum value of $2,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $2,500,000.
The contract will terminate when a total of $2,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) - one (1) year renewals at the sole option of the County. F.H. Paschen, S.N. Nielsen & Associates,
Inc. will perform work identified by the County on a work order basis, in
accordance with the following cost factor adjustments to the Unit Price Books:
0.8797 Project requires
work to be performed during normal working hours;
0.8897 Project requires
work to be performed outside normal working hours; and
1.1000 Project requires
work not included in the Unit Price Books (Non-Pre-Priced)
The Small Business Enterprise (SBE) goal established for this Contract
is 15%. F.H. Paschen, S.N. Nielsen &
Associates, Inc. is a Dade County based company. (FDO Admin) Countywide (JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: a Contract
with H.A. Contracting Corp. for the Job Order Contract (JOC) - Central with a
maximum value of $2,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $2,500,000.
The contract will terminate when a total of $2,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) – one (1) year renewals at the sole option of the County. H.A. Contracting Corp. will perform work
identified by the County on a work order basis, in accordance with the
following cost factor adjustments to the Unit Price Books:
0.8798 Project requires
work to be performed during normal working hours;
0.9398 Project requires
work to be performed outside normal working hours; and
1.0793 Project requires
work not included in the Unit Price Books (Non-Pre-Priced)
The
Small Business Enterprise (SBE) goal established for this Contract is 15%. H.A. Contracting Corp. is a Palm Beach County
based company. (FDO Admin) Countywide
(JM)
7. Staff recommends
motion to approve:
Contract with Gentile Holloway O’Mahoney
& Associates, Inc. to provide property development evaluation services on a
continuing contract basis for Facilities Development & Operations
Department projects. SUMMARY: The purpose of this Contract is to have a
consultant under contract to provide planning, engineering, and related
consulting services for Facilities Development & Operations Department
efforts to evaluate the developability of existing County-owned property and
potential land acquisition parcels.
Consultant fees will be negotiated on an individual basis for the
identified project. This Contract will
be for two (2) years with two (2) - one (1) year extension options. Gentile
Holloway O’Mahoney & Associates, Inc. is a Palm Beach County firm using
100% Palm Beach County subconsultants.
The Small Business Enterprise (SBE) goal for this Contract is 15%.
Gentile Holloway O’Mahoney & Associates, Inc. anticipates 100% SBE
participation. (Capital Improvements
Division) Countywide (JM)
8. Staff recommends
motion to approve:
Contract with Urban Design Kilday
Studios to provide property development evaluation services on a continuing
contract basis for Facilities Development & Operations Department projects.
SUMMARY: The purpose of this Contract
is to have a consultant under contract to provide planning, engineering, and
related consulting services for Facilities Development & Operations
Department efforts to evaluate the developability of existing County-owned
property and potential land acquisition parcels. Consultant fees will be negotiated on an
individual basis for the identified project.
This Contract will be for two (2) years with two (2) - one (1) year
extension options. Urban Design Kilday
Studios is a Palm Beach County firm as are all their sub consultants. The Small Business Enterprise (SBE) goal for
this Contract is 15%. Urban Design Kilday Studios anticipates 94% SBE
participation. (Capital Improvements Division) Countywide (JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: a Second Amendment to the Agreement (R2004-0901)
with Good Samaritan Medical Center, Inc. (Hospital) to extend the term of the Agreement
until May 18, 2013. SUMMARY: The Agreement with the
Hospital, which provides the terms and conditions under which the Hospital can
program into its radios and utilize the countywide and EMS common talk groups
for certain types of inter-agency communications, expires on May 18, 2010. The Agreement provides for three (3) renewal
options, each for a period of three (3) years. Both parties must approve the
renewal option. The Hospital has
approved a renewal to extend the term of the Agreement until May 18, 2013. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to other hospitals and EMS providers. There are no charges associated with this
Agreement. The Hospital is required to
pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The Agreement may be terminated by either
party, with or without cause. This Second Amendment renews the term, updates
the notice provisions and provides for disclosure of County Ordinance No.
2009-049 establishing the Office of the Inspector General. Other than the changes set forth herein and a
few minor changes all other terms and conditions remain the same. (ESS) Countywide (JM)
10. Staff recommends
motion to approve: a Second Amendment to the Agreement (R2004-0897)
with Boca Raton Community Hospital, Inc. (Hospital) to extend the term of the Agreement
until May 18, 2013. SUMMARY: The Agreement with the Hospital, which
provides the terms and conditions under which the Hospital can program into its
radios and utilize the countywide and EMS common talk groups for certain types
of inter-agency communications, expires on May 18, 2010. The Agreement provides for three (3) renewal
options, each for a period of three (3) years. Both parties must approve the
renewal option. The Hospital has
approved a renewal to extend the term of the Agreement until May 18, 2013. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to other hospitals and EMS providers. There are no charges associated with this
Agreement. The Hospital is required to
pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The Agreement may be terminated by either party,
with or without cause. This Second Amendment renews the term, updates the
notice provisions and provides for disclosure of County Ordinance No. 2009-049
establishing the Office of the Inspector General. Other than the changes set forth herein and a
few minor changes all other terms and conditions remain the same. (ESS) Countywide (JM)
11. Staff recommends
motion to approve: a First Amendment to the Agreement (R2006-2427) with
the State of Florida, State Attorney=s Office, 15th Judicial
Circuit (Office) to extend the term of the Agreement until November 20, 2014. SUMMARY: The Agreement with the Office, which
provides the terms and conditions under which the Office can directly access
the County=s 800 MHz Radio System expires on
November 20, 2010. The Agreement
provides for two (2) renewal options, each for a period of four (4) years. Both parties must approve the renewal
option. The Office has approved a
renewal to extend the term of the Agreement until November 20, 2014. The renewal now requires Board approval. The terms of this Agreement are standard and
have been offered to all municipalities and local branches of State/Federal
agencies where connection through an established municipal hub is not
technically feasible. The annual fees are consistent with those being charged
to the County departments. The Office is
required to pay all costs associated with subscriber units and to comply with
the established operating procedures for the System. The Agreement may be
terminated by either party, with or without cause, on October 1st of
any year, with a minimum of six (6) months notice. This First Amendment renews
the term, updates the notice provisions and provides for disclosure of County
Ordinance No. 2009-049 establishing the Office of the Inspector General. Other
than the changes set forth herein and a few minor changes all other terms and
conditions remain the same. (ESS) Countywide
(JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: a Utility Easement Agreement in favor of Florida
Public Utilities (FPU) in order to tie into a natural gas transmission line on
Benoist Farms Road bordering Fire Station No. 34 in unincorporated West Palm
Beach. SUMMARY: Florida City Gas
(City Gas) operates a natural gas transmission line that runs north and south
on Benoist Farms Road in front of Fire Station No. 34. FPU will be expanding its service to
customers in this area and needs to tie into the City Gas line in order to
obtain access to the gas supply. FPU
requires an easement from the County for the installation of an underground gas
line and an above ground transfer station.
The easement area is 20' wide and 40' long and contains 800 square feet
(0.02 acres). This non-exclusive easement is being granted at no charge in
exchange for FPU providing a gas line to the fire station building. (PREM) District
6 (HJF)
13. Staff recommends
motion to:
A) adopt a Resolution authorizing the
conveyance of the County’s interest in 13 properties totaling 1.27 acres of
surplus property to the City of Lake Worth without charge and with reservation
of mineral and petroleum rights, but without rights of entry and exploration
pursuant to Florida Statutes Section 197.592(3);
B) adopt a Resolution authorizing the
conveyance of the County’s interest in two (2) properties totaling .09 acres of
surplus property to the City of Lake Worth without charge and with reservation
of mineral and petroleum rights, but without rights of entry and exploration
pursuant to Florida Statutes Section 125.38; and
C)
approve 15 County
Deeds in favor of the City of Lake Worth.
SUMMARY: The City of Lake Worth has requested
the conveyance of 15 County-owned vacant surplus properties. Thirteen (13) of the properties were acquired
by Tax Deeds between 1945 and 2004. Two
(2) of the properties were purchased by County Right-of-Way in 1966 and
1967. The properties total 1.36 acres,
are located within the City’s municipal boundaries and have a total assessed
value of $241,502. The two (2)
Right-of-Way purchased properties are being conveyed pursuant to Florida
Statutes Section 125.38 governing sale of county property to
municipalities. The balance of the properties
are being conveyed pursuant to Florida Statutes Section 197.592(3), which
requires the conveyance of surplus property acquired by Tax Deed to the
municipality in which it is located. The
subject properties have been declared surplus as they serve no present or
future County purpose. The City proposes
to utilize the properties for housing, landscaping or community related
programs. Staff believes that these properties will be more appropriately
developed, managed and maintained by the City.
Housing & Community Development has reviewed this conveyance and has
no objections. This conveyance will relieve
the County of potential liability for occurrences on these properties and also
the cost of continued maintenance. The County will retain mineral and petroleum
rights in accordance with Florida Statutes Section 270.11, without rights of
entry and exploration. (PREM) Districts
3 & 7 (HJF)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
14. Staff recommends
motion to receive and file: a
notice of exercise of the
extension option under the Lease Agreement with Bedner Farm, Inc. (R2001-0582)
for Bedner Farm’s continued agricultural use of approximately 246 acres located
in the Ag Reserve for $122,918.50/year. SUMMARY: On April 17, 2001, the Board approved the
Lease Agreement with Bedner Farm, Inc., for the use of two (2) parcels of
property in the Ag Reserve for row crops.
One (1) parcel is approximately 90 acres located just west of the
Turnpike and north of Atlantic Avenue.
The other parcel is approximately 156 acres located west of U.S. 441 and
north of Boynton Beach Boulevard. The initial term of the Lease Agreement was
for one (1) year ending May 31, 2002, with nine (9) - one (1) year extension
options. The Board previously approved various Amendments (R2007-0827 and
R2010-0083) which provided for additional renewal options and rent reduction.
The current expiration date of the Lease Agreement is May 31, 2010. Exercising
this ninth option will extend the term to May 31, 2011. There remain 12 annual
extension options through May 31, 2023. The annual rental rate will remain at
$122,918.50 ($500/acre). Pursuant to the Lease Agreement, Bedner Farm has the
right to exercise its option and the Board has no discretionary authority to
deny the exercise of the option. Florida Statutes Section 286.23 requires that
a Disclosure of Beneficial Interest be obtained when a property held in a
representative capacity is leased to the County, but does not require such
Disclosure when the County leases property to a tenant. Since the Statute does
not require the Disclosure and as this is an exercise of an option to extend a
Lease Agreement which was previously approved by the Board, staff did not
request a new Disclosure. (PREM) Districts 3 & 5 (HJF)
15. Staff recommends
motion to approve: a Contract with M.A.C.
Construction Inc. for the Job Order Contract (JOC) - Central with a maximum
value of $2,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $2,500,000.
The contract will terminate when a total of $2,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes
first. The contract provides for four
(4) – one (1) year renewals at the sole option of the County. M.A.C. Construction Inc. will perform work
identified by the County on a work order basis, in accordance with the
following cost factor adjustments to the Unit Price Books:
0.9000 Project requires work to be performed
during normal working hours;
0.9450 Project requires work to be performed
outside normal working hours; and
1.0500 Project requires work not included in the
Unit Price Books (Non-Pre-Priced)
The
Small Business Enterprise (SBE) goal established for this Contract is 15%. M.A.C. Construction Inc. is a Palm Beach
County based company. (FDO Admin) Countywide (JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
16. Staff recommends
motion to approve: Task Order
No. 1 against Master Service Agreement (MSA) No. 112842UA-1 with AT&T Corp.
(R2009-0199) in the amount of $585,983.07 providing for professional services,
server hardware and application software associated with the Video Visitation
System (VVS). SUMMARY: The approved
Jail Expansion Program includes the implementation of VVS to reduce: 1) overall
operating costs, and 2) security and contraband risks within the detention
facilities. The heart of the VVS contemplated will include an automated
scheduling component that will be visitor friendly and accessible on the
Internet. While the VVS will perform the scheduling of the visits and make the
communications connections allowing the video teleconference to take place, the
performance of the VVS and success of the system is largely dependent on: 1)
the accuracy of the data fed to it from the Inmate Management System (IMS), 2)
the functionality of the IMS integrating into routine jail operations, and 3)
the functionality of the bridge between the IMS and VVS. In 2009, an Agreement
for the system design and testing hardware was executed by the Department
Director as a construction purchase under $200,000. In order to complete the
VVS, two (2) separate task orders will be issued against the MSA. Task Order No. 1 includes the purchase,
delivery and install of the core server system at the Central Video Visitation
Center and the development of the communications bridge between the IMS and
VVS. This will allow VVS to be populated with data and allow Sheriff’s Office
staff to begin testing and operating the bridge between the IMS and VVS and the
reservation system prior to commencing the actual video teleconference visits.
The Contract includes the annual license fee, software and hardware support
services (including upgrades) through June 1, 2013. The term of the Contract is
through June 1, 2010 unless otherwise extended or terminated. (ESS) Countywide (JM)
17. Staff recommends
motion to approve: a Second Amendment to the Agreement (R2004-0896)
with Wellington Regional Medical Center (Hospital) to extend the term of the Agreement
until May 18, 2013. SUMMARY: The Agreement with the Hospital, which
provides the terms and conditions under which the Hospital can program into its
radios and utilize the countywide and EMS common talk groups for certain types
of inter-agency communications, expires on May 18, 2010. The Agreement provides for three (3) renewal
options, each for a period of three (3) years.
Both parties must approve the renewal option. The Hospital has approved a renewal to extend
the term of the Agreement until May 18, 2013.
The renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to other
hospitals and EMS providers. There are
no charges associated with this Agreement.
The Hospital is required to pay all costs associated with subscriber
units and to comply with the established operating procedures for the
System. The Agreement may be terminated
by either party, with or without cause. This Second Amendment renews the term,
updates the notice provisions and provides for disclosure of County Ordinance
No. 2009-049 establishing the Office of the Inspector General. Other than the changes set forth herein and a
few minor changes all other terms and conditions remain the same. (ESS) Countywide (JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: a Reimbursement to the City of Lake Worth for street improvements on Latona Avenue in the amount of $32,936.13, and for park improvement in Memorial Park in the amount of $32,972.06. SUMMARY: Approval of this Agenda Item will reimburse the City of Lake Worth (City) for expenses already incurred for improvements to Latona Avenue and to Memorial Park, which have been completed. The City entered into a funding Agreement (R2006-0354) with Palm Beach County for street improvements on Latona Avenue on February 28, 2006, and entered into a funding Agreement (R2008-0970) with the County for the development of a multi-purpose sports field in Memorial Park on June 3, 2008. These Agreements expired on October 31, 2009 and October 30, 2009, respectively. These reimbursements could not be processed before the Agreements expired due to delays in the receipt of grant compliance documentation from the City which experienced staffing changes. The documentation has been received thereby enabling these reimbursements. 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 City of Lake Worth for the construction of a restroom building at Howard Park in the amount of $85,021.60 for the period of May 18, 2010, through December 31, 2010. SUMMARY: This Agreement provides Community Development Block Grant funds for the continuation of a project that was commenced under Agreement (R2008-0871) which has expired. The $130,000 funded through the expired Agreement, less funds expended on the project to date are being recommitted to the project through this Agreement. Under this Agreement, the City will receive the remaining $85,021.60 for the construction of a restroom building at the southwest corner of Washington Avenue and Wingfield Street in Howard Park. The City has received bids and awarded a construction contract for this work. Work is in progress, and the County has already reimbursed the City $44,987.40 for completed work that was paid for by the City. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
3. Staff recommends
motion to approve: a Conditional Grant Agreement with Delray Beach
Community Development Corporation (DBCDC), for $120,000 in State Housing
Initiative Partnership (SHIP) rehabilitation funds. SUMMARY: On April 21, 2009, the Board of County Commissioners (BCC)
approved agenda item (3I-7) and a County Agreement with the Delray Beach
Community Development Corporation (DBCDC), to provide $150,000 in
rehabilitation expenses for conversion of a six (6)-unit rental development
into six (6) homeowner units for low and very-low income households. The DBCDC
was reimbursed $30,000 prior to the agreement’s expiration on May 29, 2009. The
Commission on Affordable Housing’s Advisory Committee originally recommended
this project on April 24, 2008 and again on March 26, 2009. This Agreement will reimburse the costs
incurred on or after July 1, 2008 for the 2008-2009 State SHIP fiscal year
funding. This project was delayed due to Internal Revenue Service actions
affecting the project site. These issues
have now been resolved. The total
project costs are $1,125,000. These are
State funds that require no local match. District 7 (TKF)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: two (2) Standard Development Agreements complete with executed documents
received during the month of March 2010:
Standard
Development Agreements
A)
Mazzoni Farms, Inc. (District
5) 05-01105-000
B)
Mazzoni Farms, Inc. (Reclaimed)
(District 5) 05-90023-000
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) adopt a Resolution for Assistance through Florida Inland Navigation District (FIND) Waterways Assistance Program authorizing submission of a grant application requesting $406,250 to cover a portion of the $812,500 associated with construction of the John’s Island Oyster Reef Project (Phase 2) situated in the Lake Worth Lagoon (LWL);
B) adopt a Resolution for Assistance through FIND Waterways Assistance Program authorizing submission of a grant application requesting $1,275,000 to cover a portion of the $4,388,000 associated with construction of the South Cove Restoration and Boardwalk situated in the LWL and the City of West Palm Beach;
C) adopt a Resolution for Assistance through FIND Waterways Assistance Program authorizing submission of a grant application requesting $739,859.43 to cover a portion of the $1,479,718.86 associated with construction of the Jupiter Ridge Shoreline Restoration Project;
D) authorize the County Administrator, or his designee, to sign the project agreements, all future time extensions, task assignments, certifications, statements and other forms associated with these documents, and any necessary minor amendments that do not change the scope of work or terms and conditions of these documents; and
E) authorize the Director of the Department of Environmental
Resources Management to serve as Liaison Agent with FIND for these projects.
SUMMARY: The County will be submitting three (3) grant proposals which will reimburse the County nearly $2.5 million for projects that are approved to go forward or part of an approved management plan. Specifically, the grant proposals would reimburse the County for $406,250 (John’s Island Oyster Reef Project – Phase 2); $1,275,000 (South Cove Restoration and Boardwalk); and $739,859.43 (Jupiter Ridge Shoreline Restoration). If successful in receiving approval(s) for funding, the deadline for spending the grant(s) will be September 2013. The County’s share for each grant request is funded with a combination of State grants, inter-local agreements, Vessel Registration funds, Natural Areas Fund, and Manatee Protection funds. Districts 1 & 2 (SF)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve: Amendment No. 1 to the Amended and Restated Interlocal Agreement with the Solid Waste Authority (SWA) of Palm Beach County for the supply of fill material from a portion of the Cypress Creek Natural Area known as the Hatcher Property. SUMMARY: The County and SWA entered into an Amended and Restated Interlocal Agreement (AR Agreement) on April 7, 2009 (R2009-0575), whereby the County is to provide approximately 2.2 million cubic yards of acceptable fill material from the Hatcher Property to SWA, the cost of such fill material has been prepaid by SWA. The County and SWA (the Parties) have also entered into an Interlocal Agreement for the sale and delivery of fill material from the County’s Winding Waters Project (R2008-1373) which provides that the County is to supply SWA with approximately 1.4 million cubic yards (2.1 million tons) of fill material. The County’s production of fill material from the Winding Waters Project will exceed the contract quantity and the Parties agree that SWA will accept an excess quantity of fill material as a credit against the Hatcher quantity owed by County to SWA under the AR Agreement. District 1 (SF)
3. Staff recommends motion to approve: a Consent of Easement with the United States Army Corps of Engineers (USACE) for installing riprap and native estuarine vegetation associated with the Jupiter Ridge Shoreline Restoration Project as part of a grant application with the Florida Inland Navigation District (FIND). SUMMARY: A Consent of Easement Agreement is required to be executed between the County and the USACE prior to the commencement of construction activities. The executed Consent to Easement agreement is also required by FIND in order to make the Jupiter Ridge Shoreline Restoration Project eligible to receive funding under the Waterway Assistance Program. District 1 (SF)
4. Staff recommends
motion to approve:
A) Amendment No. 1 to extend the continuing Contract (R2008-0877) with Coastal Planning and Engineering, Inc. (CPE) for professional coastal and marine engineering services on a countywide basis and incorporate the requirements and fee of the Office of the Inspector General into the Contract; and
B) Amendment No. 1 to extend the continuing Contract (R2008-0878) with Humiston and Moore Engineers (Humiston) for professional coastal and marine engineering services on a countywide basis and incorporate the requirements and fee of the Office of the Inspector General into the Contract.
SUMMARY: CPE (R2008-0877), a Palm Beach County company, and Humiston (R2008-0878), a Naples company, were selected in accordance with County procedures for the Consultant’s Competitive Negotiations Act (CCNA) and awarded Contracts on May 20, 2008. The County is exercising the only renewal option to extend both Contracts through May 19, 2011. These Amendments will also add the necessary language to the Contracts regarding the applicability of the Inspector General Ordinance (IG Ordinance) and the inclusion of the Inspector General fee into future task orders with CPE and Humiston. Authorizations are on a task order basis. CPE was issued $611,270 in orders since May 20, 2008 and Humiston was issued $350,637 in orders since May 20, 2008. CPE’s Contract requires 20% Small Business Enterprise (SBE) and/or Minority and Women Business Enterprise (M/WBE) participation; it has achieved 15.1% participation. Humiston’s Contract requires 25% SBE and/or M/WBE participation; it has achieved 18.9% participation. Countywide (JM)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends motion to approve: Supplement No. 1 to 0410-12 to a continuing Contract (R2008-0410) with Taylor Engineering, Inc. (Taylor) in the amount of $218,036.64 for sea turtle monitoring services in association with the Singer Island Erosion Control Project, the Ocean Ridge Shoreline Protection Project, the South Lake Worth Inlet Maintenance Dredging Project, the South Lake Worth Inlet Sand Transfer Plant Reconstruction Project and to provide sea turtle data management and analysis services, and incorporate the requirements and fee of the Office of the Inspector General into the Supplemental Agreement. SUMMARY: The BCC approved the Contract with Taylor, a Palm Beach County company, on March 11, 2008 (R2008-0410). Twelve (12) task orders totaling $2,114,116 have been issued under the Contract. This Supplemental Agreement to Task Order 0410-12 authorizes Taylor to manage sea turtle monitoring activities during the 2010 sea turtle nesting season. The Supplemental Agreement is funded from a combination of tourist development taxes, and interest, with approximately 60% of the funding from State, Federal, municipal, and special district funding agreements. There is 71.0% Small Business Enterprise (SBE) sub consultant participation on the Supplemental Agreement. Taylor committed to an overall 15% SBE-MBE participation in the Contract. Taylor has achieved 21.3% cumulative SBE-MBE participation on the Contract including this Supplemental Agreement. The Agreement also includes language regarding the applicability of the Inspector General Ordinance and the inclusion of the Inspector General fee. Districts 1, 4, & 7 (JM)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Agreement
with Redemptive Life Fellowship
Urban Initiative Corporation for the period
May 18, 2010, through July 15, 2010, in an amount not-to-exceed $2,500 for
funding of the Palm Beach Youth Jam 2009. Summary:
Funding for this, project was
approved by the Board of County Commissioners on August 18, 2009 (6A-5). The
funding will help offset costs for the Palm Beach Youth Jam 2009 for at-risk
youth held by Redemptive Life Fellowship Urban Initiative Corporation on October
24, 2009. Approximately 1,000 youth and
adults participated in the event. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to October 1, 2009. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to:
A) ratify the Chair’s signature
on a FY 2009-2010 State of Florida Department of Environmental Protection
(FDEP) Land and Water Conservation Fund (L&WCF) grant application submitted
on April 13, 2010, requesting $200,000 for John Prince Memorial Park Phase IV Improvements;
B) authorize the County
Administrator or his designee to execute the grant project Agreement and all
future time extensions, 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
C) authorize
the
Director of the Parks and Recreation Department to serve as Liaison Agent with
the FDEP for this project.
Summary: This Grant Application requests $200,000 from the L&WCF for the
John Prince Memorial Park Phase IV Improvements. Project elements include the renovation of the existing
volleyball court, restroom, lakeside bike trail, playground, group shelter,
parking lot and landscaping, as well as construction of new parking and
landscaping, bike trail, canoe/kayak launch, horseshoe pit, and picnic
facilities.
The total project cost identified in this grant application is
$400,000. The requested grant is for
$200,000 and requires a $200,000 match which will be funded from Zone
2 Park Impact Fees. If the grant is awarded, and once the project is complete, the grant
project agreement requires a Notice
of Limitation of Use to be recorded in public records limiting the project site
to outdoor recreation for the use and benefit of the public in perpetuity. District
3 (AH)
3. Staff recommends
motion to:
A) approve Budget Transfer of
$500,000 within the 2002 $50 Million Recreational and Cultural Facilities Bond
referendum from Delray Beach Intracoastal Park to the Lantana Intracoastal
Fishing Pier project; and
B) authorize the County’s
Engineering Department to move forward with the design and permitting of the
Lantana Intracoastal Fishing Pier project.
SUMMARY: The District 4 Commissioner has requested that the Board reallocate
$500,000 from the Delray Beach
Intracoastal Park project to the Lantana Intracoastal Fishing Pier
project. Initial cost estimates for the fishing pier are approximately $450,000
with a $50,000 contingency. Funding for
the Lantana Intracoastal Fishing Pier project includes the design, engineering,
permitting and construction of an approximately 3,360 square feet fishing pier.
Upon Board approval, the County’s Engineering Department will proceed with
design and permitting services for the Lantana Intracoastal Fishing Pier
project. District 4 (PK)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve a Literacy Coalition of Palm Beach County AmeriCorps Site Application
for the County Library=s participation in a Literacy AmeriCorps Palm
Beach County Project for the period August 23, 2010, through August 22, 2011.
B) authorize the County Administrator or his designee to
execute any other necessary forms and certifications.
SUMMARY: This site application, if approved, will provide the County Library
with one (1) full-time AmeriCorps member for one (1) year. This member will contribute 32 hours per week
offering conversational English programs and overseeing the computer learning
lab. The Library will pay a service fee of $5,250 to the Coalition and
business-related mileage to the member up to $2,750. Literacy AmeriCorps, with supplemental funds
from the Coalition, will cover all other expenses including Workers= Compensation, liability, and health care
coverage. The County Library has
participated with the Literacy Coalition Partnership since 2005. Funds will be provided through the Library=s FY 2010 and 2011 operating budgets and
will have minimal fiscal impact. Countywide (TKF)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
A) an Interlocal Agreement for $75,000 with the Palm Beach
County Sheriff’s Office (PBSO) as a partner to support the law enforcement
component of the Youth Violence Prevention Project (YVPP) for the period of
October 1, 2009, to September 30, 2010;
B) a Budget Transfer of $75,000 in the American Recovery
and Reinvestment Act – Justice Assistance Grant (ARRA JAG) Fund to increase
budget for PBSO; and
C) a Budget Amendment for $75,000 in the
Sheriff’s Grant Fund to recognize the transfer from the ARRA JAG Fund.
SUMMARY: Palm Beach County has received a direct award of $1,246,822 as part of
the FY2009 American Recovery and Reinvestment Act - Justice Assistance Grant
(JAG): Local Solicitation. This award
was received and filed by the Board of County Commissioners on October 6, 2009
as R2009-1700. The Law Enforcement Planning Council, representing the Law Enforcement
component of the Youth Violence Prevention Project, has approved $75,000 to
allocate overtime for members of the Violent Crimes Task Force to conduct
strategic operations. There is no requirement for match with the JAG
funds.
Countywide (DW)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve:
A) the U.S. Department of Homeland Security’s 2009 Assistance to Firefighters Grant award in the amount of $400,000, with a local match of $100,000, for a total project cost of $500,000;
B) the Federal Emergency Management Agency (FEMA) Standard Form 1199A – Direct Deposit Sign Up form; and
C) a Budget Amendment of $400,000 in the Fire Rescue MSTU Fund. This Amendment will recognize the grant revenue of $400,000 and establish the grant appropriation budget of $500,000 for the designated purchases, including the $100,000 from contingency reserve for Fire Rescue’s matching share.
SUMMARY: The 2009 Assistance to Firefighters Grant (AFG) Program is a competitive grant program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents. This grant program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. On May 19, 2009, the Board approved a grant application (R2009-0880) to the US Department of Homeland Security and FEMA and were notified of the award on April 9, 2010. This award will be used to purchase a site license for the National Fire Incident Report System (NFIRS) 5.0 system software. The network compatible software will be available for use by all County fire-rescue stations allowing the Department to comply with the State of Florida mandate to submit NFIRS data in a 5.0 format to the State Fire Marshal’s office. The acquisition of this new software will also provide a regional benefit since it will be available to the municipalities for which the Department provides dispatch services. Approval of the FEMA Standard Form 1199A will enable the County to receive payments electronically. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends motion to approve: an Interlocal Agreement with Seacoast Utility Authority (SUA) to connect to the Palm Beach County Regional Network at an annual cost of $8,400 for the first point of connection, for an initial term of one (1) year, with automatic one (1) year renewals unless notice given by either party. SUMMARY: This Interlocal Agreement allows SUA to access Palm Beach County (County) network services on a cost sharing basis similar to the existing Interlocal Agreements between the County and various municipalities, as well as the South Florida Water Management District, Health Care District, and the Kravis Center for the Performing Arts. Interconnection to the County’s network will provide greater bandwidth for internet access and disaster recovery programs while reducing SUA’s overall network costs. SUA agrees to pay the County $8,400 annually as the initial connection fee to access the Palm Beach County network. Per Exhibit A of the Agreement, fees for additional connections are set at $6,000 annually per connection. District 7 (PFK)
2. Staff recommends
motion to approve: Renewal of Oracle
database software maintenance agreement for the period April 24, 2010, to April
23, 2011 in the amount of $797,583.21. SUMMARY: This agreement renewal
provides software update license and support maintenance for the County's
Oracle database management software. Additionally, support was terminated for
perpetual license assets in Customer Service Identifiers 14662055 and 3643563
resulting in an annual cost savings of
approximately $100,000 due to the conversion of the Criminal Justice
Information System which will be on a different database platform. This renewal also
continues the practice of establishing coterminous end dates for all County
Oracle software maintenance. Oracle Corporation is based in Redwood City, CA. Countywide
(PFK)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file executed State Homeland Security Grant
Program Agreement in the amount of $111,725 for the period October 1, 2009,
through April 30, 2012; and
B) approve a Budget Amendment of $111,725 in the
Emergency Management Fund to recognize the actual grant award.
SUMMARY: This is an annual grant from the State of Florida Division of Emergency
Management to conduct planning, training and exercise activities in order to develop
and enhance emergency preparedness capabilities. The grant consists of $20,000 for Disability
Planning, $25,000 for a Functional Exercise, and $66,725 for Post Disaster
Redevelopment Planning. R2006-0401 gave
authority to the County Administrator, or his designee, to execute these
agreements on behalf of the Board of County Commissioners. No County match is required. Countywide (GB)
AA. PALM TRAN
1. Staff recommends
motion to adopt: Resolution authorizing Palm Tran to file a
Transportation Disadvantaged (TD) Trip and Equipment Grant Application in the
estimated amount of $2,170,179 and delegating authority to Palm Tran’s
Executive Director, through the County Administrator, to execute standard form
and coordination/operator contracts. Summary: The State of Florida Commission for the
Transportation Disadvantaged (CTD) annually makes funds available to Community
Transportation Coordinators (CTCs) through the Transportation Disadvantaged
Trip and Equipment Grant Program. The Grant cycle runs from July 1, 2010,
through June 30, 2011. Palm Beach County
has been allocated funds for FY 2010/2011:
Trip and Equipment Grant: $2,170,179; Total State Grant: $1,953,161; Local Match: $217,018; Voluntary Dollar Contributions: $2,262;
In-Kind Match for Voluntary Dollar: $251;
Total Grant: $2,172,692. The local match has already been budgeted in Palm
Tran’s proposed FY 2011 operating budget.
Countywide (DR)
2. Staff recommends
motion to:
A) approve Interlocal Agreement with the City of Delray
Beach for a total not to exceed $373,750 for the construction and installation
of Bus Shelters at Palm Tran Stops as funded by the American Recovery and
Reinvestment Act Grant FL-96-X026-01; and
B) adopt a Resolution authorizing the Executive
Director of Palm Tran, through the County Administrator, to execute an
amendment to the Interlocal Agreement extending the completion date for the
installation of shelters, for up to a six (6) month period.
Summary: The Federal Transit Administration (FTA)
awarded funds to Palm Beach County under grant FL-96-X026-01, which included
funds to implement the construction and installation of bus shelters at Palm
Tran stops within the City of Delray Beach.
A City ordinance against advertising prevents the City from benefiting
from the County contract for shelter installation. The City will be responsible
for maintenance of these shelters. No local match was required for the funding
from FTA. Districts 4 & 5 (DR)
MAY 18, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Transfer of $130,888 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 is $158,962.
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 $1,930,073. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $1,799,185. The year-to-date transfer for
all donations after approval of this item is $505,107. 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)
Boys & Girls Club of Palm Beach County,
Inc. $ 5,000
Gulfstream Council of the Boy Scouts of
America, Inc. $ 10,000
Junior Achievement of the Palm Beaches, Inc. $ 25,000
Nope Task Force, Inc. $ 10,000
Palm Beach County PAL, Inc. $ 25,688
Palm Beach Recovery Coalition, Inc. $ 25,200
Palm Beach County Association of Chiefs of
Police $ 5,000
The ARC of Palm Beach County, Inc. $ 25,000
Total
Amount of Donations
$130,888
CC. INTERNAL AUDIT
1. Staff recommends
motion to approve: Amendment No. 6 to the Contract (R2004-1796) with
Joseph Bergeron, Internal Auditor; extending said contract for one (1)
additional year ending on September 30, 2013. SUMMARY: The
Audit Committee, at its March 17, 2010 meeting, unanimously
approved recommending a one (1) year extension of the Internal Auditor’s contract
and adjusting the contract termination date to coincide with the County’s
fiscal year. The Audit Committee recommended no salary adjustment which is
consistent with general County employees.
The Internal Auditor’s salary will remain $146,008. The new contract expiration date is September
30, 2013. This item is presented to the Board at this time to comply
with the 90 day notice requirement of the contract. Countywide (PFK)
* * * * * * * * * * * *
MAY 18, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida, creating the “Palm Beach County Water Utilities
Tampering Ordinance”; providing for a title; providing for authority; providing
for definitions; providing for applicability; providing for violations;
providing for penalties for service account holders; providing for penalties
for non-service account holders; providing for alternative enforcement
provisions, providing for rental property; providing for the delegation of
designation of Water Utilities Department employees as Code Enforcement Officers;
providing for inclusion in the Code Enforcement Citation Ordinance of Palm Beach
County, Florida; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for enforcement; providing for penalties; providing for
captions; and providing for an
effective date. SUMMARY: This Ordinance will allow the Water Utilities Department (Department) to
assess fines for tampering with or making unauthorized connections to the
Department’s utility system. Tampering
and unauthorized connections are threats to the public health, safety, and
welfare because such actions may allow for injection of contaminating materials
into the water system. Tampering and unauthorized connections are also
financially detrimental to the Department and its customers because services
are obtained without payment to the Department. The Ordinance will allow Water
Utilities Department employees to impose fines on service account holders, issue
citations as Code Enforcement Officers, or use alternative code enforcement
methods through the Planning, Zoning and Building Department. The proposed
fines will be $400 for tampering with or unauthorized connection to the
Department’s utility system, and for the introduction of any materials into the
Department’s utility system. The $400 fines were increased from the initial
draft ordinance per Board direction. The $400 fine is the maximum allowed by
the citation process. A Special Master may impose higher fines under the
alternative code enforcement methods. Countywide (MJ)
B. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code, Chapter 17, Article II, Business Taxes; Amending Section 17-69, dance halls, variety exhibitions, etc. providing for repeal of laws in conflict; providing for savings clause; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; and providing for an effective date. SUMMARY: The Business Tax Ordinance includes a tax on businesses that allow dancing or charge for entertainment. This Ordinance expands an existing exemption in the Ordinance by exempting from the tax live entertainment at establishments with an occupancy limit or capacity of 100 persons or less with a county receipt in another business tax category. The exemption in the current Ordinance applies only if the establishment does not sell, serve or allow alcoholic beverages. This exemption will have a negligible impact on County revenues. Countywide (RPB)
MAY 18, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. CONTINUED
C. Staff recommends
motion to approve: Budget amendments and transfers in various funds
reflecting adjustments for balances brought forward, other revenues, reserves
and operating expenses. The total amount
of the adjustments is an increase of $118,077,951 in 215 funds. SUMMARY: These budget amendments and
transfers are necessary to adjust FY 2010 budgets to reflect differences
between actual and estimated revenues and expenditures of FY 2009. These
amendments adjust the balances brought forward, various revenue, expenditure
and reserve accounts to their audited balances. The proposed increases include
$33,475,639 additional reserves for balances brought forward in Countywide tax
equivalent funds. The adjustment is a result of:
1) $14,920,796 additional revenues: Utility Tax
Electricity $5,122,372, Franchise Fee Electricity $5,913,714, Investment
Earnings $3,884,710;
2) $7,686,298 expenditures less than and
revenues greater than originally estimated; and
3) $10,868,545 additional excess fees:
Sheriff’s Office $8,731,121 and the remaining Constitutionals $2,137,424.
The impact of this increase to reserves on the FY 2011 deficit will be
determined by FY 2010 budget estimates and FY 2011 budgets. Countywide (PFK)
* * * * * * * * * * * *
MAY 18, 2010
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends motion to approve on
preliminary reading and advertise for Public Hearing on June 8, 2010, at 10:00 a.m.:
an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, imposing an emergency fire rescue
services and facilities surtax of 1 percent on certain transactions occurring
within Palm Beach County as provided for under the provisions of Chapter 212,
Florida Statutes; providing title, authorization, and legislative findings;
providing that the imposition of the sales surtax shall not be effective unless
approved by referendum of the qualified electors of the County; providing that
the imposition shall be effective beginning January 1, 2011; providing for
distribution of surtax proceeds among the participating jurisdictions within
the County pursuant to interlocal agreement; providing for an administrative
fee; providing for a referendum election on August 24, 2010; providing for form
of notice of referendum; providing ballot language; providing for use of surtax
proceeds; providing for the reduction of ad valorem tax levy or non-ad valorem
assessment for fire control and emergency rescue services by the estimated
amount of surtax revenue; providing for severability; providing for repeal of
laws in conflict; providing for inclusion in the code of laws and ordinances;
and providing for an effective date. SUMMARY: Due
to legislative changes, effective July 1, 2009, counties are authorized to
impose a discretionary sales surtax up to 1% for emergency fire rescue services
and facilities under certain circumstances, if approved by referendum. On April
6, 2010, the Board provided direction for staff to move forward with the
development of an ordinance imposing a 1% discretionary sales surtax, subject to
referendum approval. The County is also required to develop and execute an
interlocal agreement with participating jurisdictions that provide emergency
fire rescue services within the County to allow for distribution of surtax
proceeds by the County to those entities.
Under the state law, each participating jurisdiction will be required to
reduce their ad valorem levy or any non-ad valorem assessment for fire control
and emergency rescue services in their next and subsequent budgets by the
estimated amount of revenue provided by the Surtax. As a condition precedent to holding the
referendum, a majority of the 12 fire rescue providers within the County must
execute an interlocal agreement. The
County is currently working with these fire rescue service providers to obtain
the appropriate signatures. Once a majority of the service providers execute
the interlocal agreement, along with adoption of this ordinance, the issue can
be placed on the ballot of the regularly scheduled primary election on August
24, 2010. Ballot language is due to the
Supervisor of Elections by June 18, 2010. The referendum must be advertised
twice during the 30 day period prior to the referendum. Countywide (SB)
MAY 18, 2010
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve:
A) Waiver of prohibited relationship for three (3) Cotleur & Hearing, Inc. employees: 1) Brian Cheguis, Public Art Committee, 2) Suzanne Hearing, Public Art Committee Artist Selection Committee, and 3) Jan Polson, Development Review Officer (DRO) Oversight Committee; all of which are advisory board members; and
B) Contract with Cotleur & Hearing, Inc., to provide
property development evaluation services on a continuing contract basis for
Facilities Development & Operations Department projects.
SUMMARY: Cotleur & Hearing, Inc. has disclosed that three (3) of their employees are members of Palm Beach County advisory boards (two are members of the Public Art Committee and one is on the DRO Oversight Committee). Per the County’s Code of Ethics, this may be perceived as a prohibited relationship and Cotleur & Hearing, Inc. is disclosing this and requesting a waiver under the requirements of the Code. Staff recommends approval of the waiver. The purpose of this contract is to have a consultant under contract to provide planning, engineering, and related consulting services for Facilities Development & Operations Department efforts to evaluate the developability of existing County-owned property and potential land acquisition parcels. Consultant fees will be negotiated on an individual basis for the identified project. This contract will be for two (2) years with two (2) - one (1) year extension options. Cotleur & Hearing, Inc. is a Palm Beach County firm as are all their sub consultants. The Small Business Enterprise (SBE) goal for this contract is 15%. Cotleur & Hearing, Inc. anticipates 98% SBE participation. (Capital Improvements Division) Countywide (JM)
2. Staff recommends
motion to approve:
A) an
Easement from Boca Highland Beach Club and Marina, Inc. (Boca Highland) for
drainage; and
B) an Easement in favor of Boca Highland for
landscaping and utilities, and ingress/egress in the western portion of the
County’s proposed Cam D. Milani Park located in the Town of Highland Beach.
SUMMARY: The County is in the process of
obtaining development approvals for Cam D. Milani Park, located in the Town of
Highland Beach on the east and west sides of South Ocean Boulevard (State Road
A1A), north of Spanish River Boulevard.
Boca Highland is a property owners association which manages the common
area of the development which is located immediately to the south, north and
west of the western Park parcel, and has an access road, landscaping and
utilities which encroach upon the Park property. There has been a long standing dispute with
Boca Highland as to ownership of the affected land, which started long before
the County acquired title to the Park.
The County needs a drainage easement over Boca Highland’s property for
legal positive outfall in order to develop the Park. Boca Highland’s
encroaching improvements are located within the typical setback/buffer area and
do not reduce the usable land area for the Park. Therefore, the parties have
agreed to resolve this matter through exchange of easements. Boca Highland is granting the County an
easement for storm water drainage. In
exchange, the County is granting an easement to Boca Highland for landscaping,
utilities, and ingress/egress to permit the existing improvements which serve
Boca Highland to remain in place. The total area of the easements that the
County is granting to Boca Highland is 13,701.1 square feet (.31 acre). The easements are being granted at no charge.
(PREM) District 4 (HJF)
MAY 18, 2010
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Stipulated Settlement Agreement with the Town of
Highland Beach resolving pending litigation between the parties regarding the
Town’s approval with conditions of the County’s special exception use
application for the Cam D. Milani Park. SUMMARY: On April 27, 2009, the Town of Highland
Beach’s Town Commission voted to adopt a resolution granting a special
exception use approval for the County’s proposed Cam D. Milani park. Five (5)
of the 43 Conditions of Approval contained within the special exception
approval, Conditions No 5, 6, 10, 14,
and 43, violate the essential requirements of law, constitute unlawful
delegations of authority, are unconstitutionally vague, are not supported by
record evidence, and are arbitrary and capricious. Palm Beach County filed a
petition for writ of certiorari and a civil action for declaratory judgment and
injunctive relief, challenging the special exception conditions. The petition for writ of certiorari was
denied by the circuit court; however, the action for declaratory judgment and
injunctive relief remains pending. Staff has negotiated a settlement agreement
with the Town’s staff, under which the Town would modify the challenged
Conditions of Approval to address the County’s concerns, and the County would
delay construction of the park for a period of ten (10) years, with the
potential for two (2) additional five (5) year extensions on the postponement,
at the County’s option. The County does remain obligated to proceed with
fulfilling certain conditions which generally provide for: 1) clearing,
grubbing, grading and seeding of the entire site, 2) the installation of the
buffer treatment (including installation of a 6’ concrete wall), and 3) the
restoration of the onsite wetland. District 4 (ATP)
MAY 18, 2010
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to:
A) approve a Budget Transfer of $2,300,000 from General
Fund Contingency Reserves;
B) approve a Budget Amendment of $2,300,000 in
the Public Building Improvement Fund recognizing funds transferred from the
General Fund and establishing a project budget;
C) authorize the Director, Facilities Development &
Operations, to approve two (2) separate Guaranteed Maximum Price (GMP)
Amendments to Hedrick Brothers Construction, Inc. each in excess of $200,000
but in no case to exceed $385,000 for the Property Appraiser project phase and
$1,250,000 for the Tax Collector project phase respectively in order to
expedite the start of the work and in order to meet the September 7, 2010
occupancy deadline; and
D) approve the transfer of all assets purchased for
use by the Property Appraiser and/or Tax Collector to the respective agency at
the completion of the Project.
SUMMARY: On April 6, 2010, the Board
conceptually approved moving forward with a two (2) phase project which will
result in sufficient space for the Tax Collector to begin providing driver
license services in South County when the Department of Motor Vehicles (DMV)
has stated it will discontinue services from its current Delray Beach
location. The first phase of the project
will relocate the Property Appraiser from its current location at the South
County Administrative Complex to a County owned building at 7777 West Atlantic
Avenue (former West Atlantic Library) and renovate the space vacated by the
Property Appraiser for an expansion to the Tax Collector facility at 501 South
Congress Avenue. Hedrick, a Palm Beach County firm, performing under its annual
Construction Management (CM) AT Risk contract, will undertake the construction
work at both sites pursuant to two separate GMP amendments. Hedrick will bid
each GMP amendment when the design for the respective phase is complete. Staff
is requesting approval for the Director, Facilities Development &
Operations to execute each amendment in order to expedite the commencement of
work. Each Amendment will be of the
standard form, contain a Small Business Enterprise (SBE) goal of 15%, and
approved for legal sufficiency. Due to the funding mechanism, it is necessary
for the County to procure all assets necessary to build-out the space for the
Property Appraiser and Tax Collector’s use but those same assets need to be
transferred to the respective agency for on-going tracking, maintenance and
replacement. (FDO Admin) Countywide/Districts 4, 5 & 7 (JM)
MAY 18, 2010
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve:
A) a Tri-Party Interlocal Agreement with the City of Belle
Glade (City) and the School Board of
Palm Beach County (School Board) providing the: (i) terms for various
land swaps amongst the parties so the City will ultimately own an approximately
4.18 parcel of real property (City Site) to be leased to the County for the
County’s development of a library and civic center (together, referred to as the
Combined Facility); (ii) development requirements for the Combined Facility;
and (iii) parameters for the operation and use of the Combined Facility; and
B) a Lease Agreement with the City that provides the County
with a ninety-nine (99) year lease for the City Site at no charge to the
County.
SUMMARY: The
County is in the process of designing a single building which will house both
the County’s library (Library) and the City’s civic center (Civic Center) each
to be approximately 13,800 square feet and 3,100 square feet, respectively, on
the City Site located on the southeast corner of Northwest 4th
Street and Northwest Avenue H in the City of Belle Glade. In order for the County to construct the
Combined Facility, the School Board must convey an approximately 1.99 acre
parcel of real property (School Board Parcel) to the City, so that the City
will hold title to the entire City Site and can enter the Lease Agreement with
the County. The Interlocal Agreement provides for the: (i) School Board to
convey its parcel to the City in exchange for the City’s conveyance of real
property or other compensation package upon terms that the City and School
Board are to agree upon in the future; (ii) City to enter into the Lease
Agreement with the County; (iii) County to manage and pay for the construction
of the Combined Facility, at its sole cost and expense, after application of
CDBG Grant funds towards the construction costs of the Civic Center; (iv)
County to construct the Civic Center to include the City’s minimum requirements;
and (v) County to grant a license to the City for its use of the Civic Center,
which sets forth the operating and scheduling responsibilities of each
party. The School Board shall convey its
parcel to the City within fifteen (15) days of the effective date of the
Interlocal Agreement. In the event the
City defaults and does not provide the School Board with: (i) an approximately
1.99 acre parcel of real property within the City; (ii) a minimum amount of
guaranteed use of the City Civic Center; or (iii) fifty-six thousand dollars
($56,000) (Payment), then the County shall make the Payment to the School
Board. The Payment is equivalent to the
appraised value of the School Board parcel upon which the County library will
be built. If the County becomes
obligated for the Payment, then the City’s
License Agreement will be suspended until the City has repaid the County.
(PREM) District 6 (HJF)
MAY 18, 2010
5. REGULAR
AGENDA
C. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the issuance of General Obligation Refunding
Bonds, Series 2010 (Library District Improvement Project) in a principal amount
of not exceeding $22,500,000 (the Bonds); authorizing the defeasance of all or
a portion of the County’s outstanding
$30,500,000 General Obligation Bonds, Series 2003 (Library District Improvement
Project); providing for the payment of the Bonds from a tax on all taxable property
within the Library District; establishing the maturity schedule for the Bonds;
authorizing the County Administrator or County Debt Manager to publish through
electronic means a summary Notice of Sale and to receive bids pursuant to a
competitive sale of said Bonds and award the sale of said Bonds to the
responsible bidder offering the lowest true interest cost to the County which
shall not exceed 5.00%; approving the execution and delivery of said Bonds;
approving the form of and authorizing the execution and delivery of an escrow
deposit agreement and a registrar/paying agent agreement; approving the
preparation and use of a summary notice of sale, a preliminary official
statement and final official statement; authorizing the electronic dissemination
of the preliminary official statement and final official statement; making
certain covenants and agreements in connection with the Bonds; providing for
the rights of the owners of the Bonds; appointing a paying agent, bond
registrar and escrow agent; authorizing the registration of the Bonds pursuant
to a book-entry system; providing for an undertaking required under Rule
15c2-12 of the Securities and Exchange Commission; providing for a repealer and
providing for an effective date;
B) adopt a Resolution authorizing the issuance of General Obligation Refunding
Bonds, Series 2010 (Recreational and Cultural Facilities) in a principal amount
of not exceeding $32,000,000 (the Bonds); authorizing the defeasance of all or
a portion of the County’s outstanding
$25,000,000 General Obligation Bonds, Series 2003 (Recreational and Cultural
Facilities) and all or a portion of the County’s outstanding $25,000,000
General Obligation Bonds, Series 2005 (Recreational and Cultural Facilities);
providing for the payment of the Bonds from a tax on all taxable property in
the County; establishing the maturity schedule for the Bonds; authorizing the
County Administrator or County Debt Manager to publish through electronic means
a summary Notice of Sale and to receive bids pursuant to a competitive sale of
said Bonds and award the sale of said Bonds to the responsible bidder offering
the lowest true interest cost to the County which shall not exceed 5.00%;
approving the execution and delivery of said Bonds; approving the form of and
authorizing the execution and delivery of an escrow deposit agreement and a
registrar/paying agent agreement; approving the preparation and use of a
summary notice of sale, a preliminary official statement and final official
statement; authorizing the electronic dissemination of the preliminary official
statement and final official statement; making certain covenants and agreements
in connection with the Bonds; providing for the rights of the owners of the
Bonds; appointing a paying agent, bond registrar and escrow agent; authorizing
the registration of the Bonds pursuant to a book-entry system; providing for an
undertaking required under Rule 15c2-12 of the Securities and Exchange
Commission; providing for a repealer and providing for an effective date; and
C) approve the appointment of Greenberg Traurig, P.A. as bond counsel and Nabors,
Giblin & Nickerson, P.A. as disclosure counsel for the both series of general
obligation refunding bonds and to approve amendments to each firms’ respective contracts
for legal services.
MAY 18, 2010
5. REGULAR
AGENDA
C. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
1. CONTINUED
SUMMARY: On April 2, 2010, the County Financing Committee (CFC) approved the
advanced refunding of all or a portion of the County’s General Obligation
Bonds, Series 2003 (Library District Improvement Project) and all or a portion
of the General Obligation Bonds, Series 2003 and 2005 (Recreational and
Cultural Facilities) based on a target net present value savings of not less
than 3.5%. Each series of general obligation refunding bonds will be sold on a
competitive basis. Staff and the
County’s Financial Advisor will monitor market conditions and when the target
level of net present value savings appears to be reasonably obtainable, obtain
the ratings for the refunding bonds. In a competitive sale, the County will post
electronically its preliminary official statements and official notices of
sale. Such notice will set a date and
time the bids by underwriters will be due which, under Florida law, must be at
least 10 days from the date of the notice.
The County will reserve the right to change the bid due date or cancel
the sale, if market conditions should deteriorate. No bid will be awarded unless the Bonds of
each series have a true interest cost of not more than 5% and achieve a net
present value savings of at least 3.5%. The
general obligation refunding bonds will be secured by ad valorem taxes. Countywide (PFK)
D. LIBRARY
1. Staff recommends
motion to receive and file: an update to the Library Expansion
Program II (LEPII). Summary: To
date, ten (10) projects approved as part of the LEP II have been completed at a
cost of $70,706,200. The new and expanded branches have added 127,337 square
feet to the system. The remaining
projects are in various stages of planning or construction. The Main Library is
the only project that will not be completed as originally planned. Countywide
(TKF)
E. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a Settlement Agreement with the Florida Department of Community Affairs (“DCA”) and others to resolve the compliance issues raised in the Florida Department of Administrative Hearings case styled, Department of Community Affairs, et al. vs. Palm Beach County, et al., DOAH Case No. 09-6006GM. SUMMARY: This Settlement Agreement will resolve challenges by the DCA and 1000 Friends of Florida, Inc. (“1000 Friends”), to County Ordinance No. 2009-026, which designated a 318-acre parcel in the Everglades Agricultural Area adjacent to the Okeelanta agricultural industrial complex owned by Florida Crystals Corporation, Okeelanta Corporation, New Hope Sugar Company, and S.D. Sugar Corporation (collectively, “FCC”), as Agricultural Production (“AP”) with an underlying land use of Industrial (“IND”), and a Limited Urban Service Area designation, for the purpose of developing an Inland Logistics Center, and modified the County’s Comprehensive Plan accordingly (“Okeelanta Plan Amendment”). District 6 (AJM)
* * * * * * * * * * * *
MAY 18, 2010
6. BOARD
APPOINTMENTS
A. PUBLIC SAFETY
(Consumer
Affairs Hearing Board)
1. Staff recommends
motion to approve: appointment of one (1) new member to the countywide
Consumer Affairs Hearing Board for a term of two (2) years expiring May 18,
2012 as follows:
Nominee: Term Seat No.
Requirement Recommended
By:
Harold Murphy 1st 8 Special Technical Commissioner Marcus
SUMMARY: Palm Beach County Consumer Affairs Ordinance
72-10 established a Consumer Affairs Hearing Board. The nine (9) members are selected for
countywide representation and serve three (3) - two (2) year terms for a
maximum of six (6) years. The Board serves in both an advisory capacity to the
County Commissioners and as an Appeals Board to hear and act on consumer concerns
about unfair/deceptive business practices and appeals relating to the towing,
vehicle for hire, moving, and price gouging ordinances. The Hearing Board
represents various trades, organizations and the general public. NOTE: After
this appointment, the Hearing Board still needs one (1) nominee to fill the
certified contractor position. With approval of this motion the Hearing Board
will have eight (8) of nine (9) appointed/active members. Countywide
(GB)
B. ENVIRONMENTAL RESOURCES MANAGEMENT
(groundwater
and natural resources protection board)
1. Staff recommends
motion to approve: the appointment of one (1) at-large member to
the Groundwater and Natural Resources Protection Board (GNRPB) to complete the
term of three (3) years ending April 4, 2011:
New
Appointments:
Nominee Representing Seat
No. Nominated By
Thomas L. Tessier, PG Member
of an 3 Treasure
Coast Chapter –
Environmental Florida Association of
Organization Environmental
Professionals
OR
Allen Trefry Member
of an 3 Arthur
R. Marshall
Environmental Foundation
& Florida
Organization Environmental
Institute,
Inc.
SUMMARY: Ordinance 92-20
and Article 17.C.7. of the Unified Land Development Code (ULDC) provide for a
seven (7) member GNRPB. The membership consists of one (1) professional
engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one
(1) biologist or chemist, one (1) citizen of PBC, and one (1) member of an
environmental organization. Ordinance
92-20 and Article 17.C.7 of the ULDC requires Seat No. 3 to be filled by a
Member of an Environmental Organization. No other nominations were received. Countywide (SF)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 18, 2010
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 18, 2010
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS, VICE CHAIR
B. District
2 - COMMISSIONER JEFF KOONS
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
May 18, 2010 – 9:30 a.m.
FINAL BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MAY 18, 2010
PAGE ITEM
7 3A-3 MOVED TO
REGULAR AGENDA (5A-2): Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, urging the Army Corp of Engineers
to expedite the rehabilitation of the Herbert Hoover Dike (Dike) …(Admin/EDO)
12 3E-2 DELETED: Staff recommends motion to: A) adopt Resolution
repealing and replacing Resolution R2006-1878 regarding the Head Start/Early
Head Start Policy Council; and….(Community Services) (Further staff review)
21 3I-3* DELETED: Staff
recommends motion to approve: a Conditional Grant Agreement with Delray
Beach Community Development Corporation (DBCDC), for $120,000 in State Housing
Initiative Partnership (SHIP) rehabilitation funds. (HCD) (Further staff review)
27 3U-1 DELETED: Staff
recommends motion to approve: an
Interlocal Agreement with Seacoast Utility Authority (SUA) to connect to the
Palm Beach County Regional Network…(ISS) (Further staff review)
27 3U-2 DELETED: Staff recommends motion to
approve: Renewal of Oracle database
software maintenance agreement for the period April 24, 2010, to April 23, 2011
in the amount of $797,583.21.
(ISS) (Further staff review)
32 5A-1 DELETED: Staff
recommends motion to approve on preliminary reading and advertise for Public Hearing
on June 8, 2010, at 10:00 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, imposing an
emergency fire rescue services and facilities surtax of 1 percent on certain
transactions occurring within Palm Beach County as provided for under the
provisions of Chapter 212, Florida Statutes;…(Admin) (Further staff review)
32 5A-2 ADD-ON, MOVED FROM CONSENT (3A-3): Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, urging the Army Corp of Engineers
to expedite the rehabilitation of the Herbert Hoover Dike (Dike) critical to
the safety of the cities surrounding Lake Okeechobee (Lake) and to minimize the
Economic Impact of these cities of Rural Economic Concern. (Admin/EDO)
33 5B-1 REVISED
TITLE: Staff recommends motion to approve: A) Waiver of prohibited relationship for three (3) Cotleur &
Hearing, Inc. employees: 1) Brian
Cheguis, Public Art Committee, 2) Suzanne Hearing, Public Art Committee Artist
Selection Committee, and 3) Jan Polson, Development Review Officer (DRO)
Oversight Committee; all of which are advisory board members, as we do not
perceive there to be any conflict of interest (5 vote supermajority required to
approve); and B)…(FDO)
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 (*).