ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 8, 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 - 32)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 33)
5. PUBLIC HEARING - 9:30 A.M. (Page 34)
6. REGULAR
AGENDA (Pages 35 - 42)
TIME
CERTAIN 10:00 A.M. (2010 Legislative Session Final Report) (Page 35)
7. BOARD
APPOINTMENTS (Page 43)
8. MATTERS
BY THE PUBLIC (Page 44)
9. STAFF
COMMENTS (Page 45)
10. COMMISSIONER
COMMENTS (Page 46)
11. ADJOURNMENT (Page 46)
* * * * * * * * * * *
JUNE 8, 2010
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Receive
and file Resolutions from two (2) municipalities
3A-2 Agreement with Aramark Sports &
Entertainment Services for food & beverage operations at Convention Center
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
3B-4 State
Revenue Sharing Application for FY 2010-2011
Page 8
3B-5 Report
of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Report
of plat recordations
3C-2 Interlocal
Agreement with Town of Jupiter for mowing certain road rights-of-way
3C-3 Contract with Ranger Construction for
Sansbury’s Way and Process Drive intersection improvements
Page 9
3C-4 Contract
with H & J Contracting for Australian Avenue (north of I-95 to south of
Okeechobee)
3C-5 Contract
with H & J Contracting for Glen Ridge/Cloud Lake drainage improvements
3C-6 Subordination of Encumbrance to Property
Rights from City of West Palm Beach (60th Street North)
3C-7 County Incentive Grant Program Agreement with
FDOT for Lyons Road (Atlantic Ave to Boynton Beach Blvd)
3C-8 Amendment
No. 2 with FDOT for West Atlantic Avenue (Lyons Rd to Starkey Rd)
Page 10
3C-9 City
Deed and various easements from Town of Jupiter regarding Indian Creek Parkway
3C-10 Agreement with Metric Engineering for
engineering/inspection services regarding Military Trail (Clint Moore Road to
Lake Worth Road)
D. COUNTY ATTORNEY
Page 10
3D-1 Official
transcript for closing Convention Center Hotel Project bonds
E. COMMUNITY SERVICES
Page 10
3E-1 Contract
with Glades Health Initiative for outreach services
3E-2 Contract
with Comprehensive AIDS Program for medical case management services
Page 11
3E-3 Grant/Contracts
for Ryan White Part “A” Treatment Extension Act
3E-4 Memorandum
of Agreement with Governor’s Council for Community Health Partnerships
Page 12
3E-5 Amendment
No. 1 with Joseph L. Morse Geriatric Center – Just Checking Program
3E-6 Standard Agreement with Area Agency on Aging
for Emergency Home Energy Assistance Program
3E-7 Refunding
Applications for expansion of Head Start/Early Head Start programs
Page 13
3E-8 Contract
with Audrey Greenwald for speech and language services to Head Start children
3E-9 Application for federal assistance for FY
2010 Cost-of-Living Adjustment for Head Start Program
3E-10 Refunding Application for federal assistance for Head Start/Early
Head Start programs
3E-11 Amendment No. 2 with Area Agency on Aging for
Emergency Home Energy Assistance Program
Page 14
3E-12 Amendment No. 1 with Area Agency on Aging for Home Care for the
Elderly Program
JUNE 8, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 14
3F-1 Resolution establishing standard form Cargo
Building Lease Agreement
3F-2 Change
Order No. 3 with E. C. Stokes Mechanical Contractors for PB07-2 Cabin Air
System improvements at PBIA
Page 15
3F-3 Receive and file 37 original Agreements for
Dept. of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Non-ad
Valorem assessment roll
3G-2 FY
2009 retirements of tangible personal property
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 JOC Work Order No. 10-094 with Robling
Architecture Construction regarding Belle Glade Airport Park
Page 18
3H-2 First
Amendment with Medics Emergency Services regarding 800 MHz radio system
3H-3 Lease Agreement extension with School Board
for use of Lake Shore Middle School gym and adjacent land
Page 19
3H-4 Drainage,
access and utility easement from City of South Bay for Fire Rescue Station No.
74
3H-5 Extension of Concessionaire Service Agreement
with Kayak-King Watersports at Okeeheelee Park
Page 20
3H-6 First
Amendment with City of Margate regarding interagency communications
3H-7 Amendment No. 7 with Catalfumo Construction
regarding Governmental Center chiller replacement project
Page 21
3H-8 Work Orders No. 10-025 and 10-020 with Farmer
& Irwin regarding Judicial Center improvements
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Amendment
No. 1 with Town of Lake Park regarding West Ilex Park project
Page 22
3I-2 Receive
and file seven (7) agreements under Neighborhood Stabilization Program
3I-3 Agreement with NOAH Development Corp. for
hurricane hardening project at Covenant Villas and South Bay Villas
Page 23
3I-4 Subordination Agreement with Florida
Housing Finance Corp. and Villages at Delray Apartments
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 23
3K-1 Change
Order No. 3 with AKA Services for City of Pahokee Inflow and Infiltration
Program
3K-2 Contract
for Disaster Recovery Design/Build Services with Camp Dresser and McKee
Page 24
3K-3 Receive
and file one (1) Utility Concurrency Reservation Agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 24
3L-1 Termination of Easement at Whiteside
Industrial Park
Page 25
3L-2 Interlocal Agreement with City of Lake Worth
regarding pollution control device
3L-3 Receive and file documents related to water
taxi docking
3L-4 Deleted
JUNE 8, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
Page 26
3L-5 Agreement with Martin County regarding
enhancement/restoration of Loxahatchee River
3L-6 Change Order No. 1 with Weeks Marine
regarding Juno Beach Shore Protection project
3L-7 Amendment
No. 1 with Department of Army for Palm Beach Harbor and Peanut Island
restoration project
M. PARKS & RECREATION
Page 27
3M-1 Deleted
3M-2 Receive and file one (1) Independent
Contractor Agreement
3M-3 First
Amendment with YMCA regarding concession building at John Knapp Little League
ballfield complex
3M-4 Special
Use Agreement with School Board for mutual use of recreational facilities at
West Boynton District Park and Park Vista Community High School
Page 28
3M-5 Grant Agreement with MPO regarding water taxi
shelter at DuBois Park
3M-6 Agreement
with Seagull Industries for the Disabled regarding Therapeutic Recreation
Summer Camp program
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 29
3Q-1 Contract
with Oakwood Center regarding Crisis Intervention Team
3Q-2 Grant
from FDLE regarding Belle Glade Weed and Seed program
3Q-3 Budget
Transfer/Amendment related to Re-Entry Program
Page 30
3Q-4 Fourth
Amendment with City of Riviera Beach regarding Weed and Seed program
3Q-5 Contract
with Salvation Army for after-school intervention program
R. HUMAN RESOURCES
Page 30
3R-1 Contract
with NMS Management Services for drug/alcohol testing
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 30
3U-1 Interlocal
Agreement with Seacoast Utility Authority regarding regional network connection
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 31
3X-1 Separation
Agreement, Waiver and General Release with Nancy A. Dixon
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
JUNE 8, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 31
3AA-1 Federal Transit Administration Grant for TIGGER
Program
3AA-2 Second Amendment with The Bench Press regarding
bus bench advertising
BB. SHERIFF
Page 32
3BB-1 Budget Transfer from Law Enforcement Trust Fund
CC. SUPERVISOR OF
ELECTIONS
Page 32
3CC-1 Precinct boundary changes
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 33
4A Certificates
of Appreciation to Representative Mary Brandenburg and Representative Carl
Domino
4B Certificate of Appreciation to
Representative Maria Sachs
4C Certificates of Congratulations to
Jessica Stone and Maxx Melanson
4D Probation, Parole and Community
Supervision Week
4E Contract Management Week
4F Father Central Week
4G National HIV Testing Day
PUBLIC HEARINGS – 9:30 A.M.
Page 34
5A Industrial Development Revenue Bonds
(South Florida Fair project)
REGULAR AGENDA
ADMINISTRATION
Page 35
6A-1 2010
Legislative Session Final Report – TIME
CERTAIN 10:00 A.M.
COUNTY
ATTORNEY
Page 35
6B-1 Employment
Contract with Sheryl G. Steckler, Inspector General
ENGINEERING
& PUBLIC WORKS
Page 35
6C-1 Alternative
design standard for lighting thoroughfare roadways
FACILITIES
DEVELOPMENT & OPERATIONS
Page 36
6D-1 First
Restate Sports Facility Use Agreement with Jupiter Stadium
6D-2 Donation Agreement with Boys & Girls
Clubs of Palm Beach County for development of new club facility
Page 37
6D-3 Boys
& Girls Club – Haverhill plat
6D-4 Third Amendment to Lease Agreement with
Shiraz, Inc. for operation of Airport Center Hilton Hotel
Page 38
6D-5 Memorandum of Understanding for property
exchange between Department of Airports and Facilities Development and
Operations
Page 39
6D-6 Conveyance of five (5) acres of land to City
of Boca Raton for construction/operation of an animal shelter and pet cemetery
JUNE 8, 2010
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 40
6E-1 Unified Land Development Code Ordinance
(impact fees)
PALM TRAN
Page 41
6F-1 Lake Region Commuter Route
WATER UTILITIES
Page 42
6G-1 Master Agreement for Energy Performance
Contracting with FPL Services, LLC
HOUSING &
COMMUNITY DEVELOPMENT
Page 42
6H-1 Reimbursement to District Hospital Holdings
for mammography machine
BOARD
APPOINTMENTS (Page 43)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 44)
STAFF
COMMENTS (Page 45)
COMMISSIONER
COMMENTS (Page 46)
ADJOURNMENT (Page 46)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 54-10, of the Town of Palm Beach, Florida expressing opposition to the proposed Palm Beach County 1% Fire Rescue Sales Surtax; memorializing the Town Commission’s decision to decline participation in a proposed interlocal agreement with Palm Beach County; and providing for an effective date; and
B) Resolution No. 2-2009 of the City Commission of the City of South Bay, Florida, requesting and supporting construction of a new elementary school in the City of South Bay.
2. Staff recommends motion to approve: an Agreement with Aramark Sports and Entertainment Services, Inc., for the provision of Food and Beverage Operations Services at the Palm Beach County Convention Center for the period of July 1, 2010, through September 30, 2015 (five (5) years and three (3) months) in the amount of $62,499.98 management fee for the first contract year (15 months), each subsequent year will be based on $50,000 and adjusted for C.P.I. beginning October 1, 2011 and receive six percent (6%) of net profit; earn an incentive fee of up to $25,000 and the option to renew agreement for one (1) additional five (5) year term. SUMMARY: This Agreement allows Aramark to provide Food and Beverage Operations Services at the Palm Beach County Convention Center for the next five (5) years and three (3) months, with an option to renew for one (1) additional five (5) year term. Each year of the Agreement, Aramark will receive 6% of net profits. Aramark will make a grant of $125,000 to the County upon commencement of this agreement for mutually agreed upon marketing activities of the Convention Center. In addition, Aramark has committed to a minimum of 17% Small Business Enterprise utilization during the term of this agreement. In order to qualify for the annual $25,000 Incentive Fee, they must meet or exceed the specified criteria in the agreement relating to Customer Satisfaction, Financial Results, Community Impact and Marketing and Revenue Generation. Aramark has been an excellent partner with the County over the last seven (7) years. Not only have they provided excellent service at the Convention Center, they have been involved in the community through a number of activities. Aramark has committed to continue to be a good community partner as well as provide outstanding food and beverage operations services at the Convention Center. Countywide (MC)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to approve: State Revenue Sharing Application for
the Fiscal Year 2010-2011. SUMMARY: Each unit of local government is
required to file an application in order to be considered for any funds to be
distributed under the Revenue Sharing Act. Countywide (PFK)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
5. Staff recommends
motion to:
A) receive and file the Report of County Officials Bonds dated June 2010; and
B) identify all bonds described in the Bond
Report as sufficient pursuant to Section 2-140, of the County Code.
SUMMARY: Section 2-140 of the County Code sets
various bond amounts for specified County officers and provides for examination
of the sufficiency of all of the bonds at the regular meeting of the Board of
County Commissioners in January and June of each year. Countywide (PFK)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to receive and file: a report of plat recordations from January 1, through March 31, 2010. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11, governing administrative approval of plats by the County Engineer. Countywide (MRE)
2. Staff recommends motion to approve: an Interlocal Agreement with the Town of Jupiter (Town) to provide for mowing of the following road rights-of-way: Military Trail from Frederick Small Road to Indiantown Road; Center Street from S.R. 811 to Indiantown Road; Central Boulevard from Indiantown Road to Indian Creek Parkway and Indian Creek Parkway from Central Boulevard to Military Trail (Roads). SUMMARY: Approval of this Agreement will provide for the mowing of the Roads’ rights-of-way that Palm Beach County (County) is responsible for maintaining. The County will pay the Town an amount not to exceed $6,600 per year for actual mowing time provided. This Agreement also shall include any costs incurred from April 3, 2010, through June 8, 2010 related to the mowing of such Roads rights-of-way, and good for one (1) year with the option of five (5) – one (1) year renewals by written notification. The Town has been providing the mowing maintenance of these Roads since 1990. District 1 (MRE)
3. Staff recommends
motion to:
A) approve a Contract with Ranger Construction Industries, Inc.,
(Ranger), the lowest responsive, responsible bidder in the amount of
$772,932.20 for the construction of Sansbury’s Way and Process Drive
Intersection Improvements (Project); and
B) approve a Budget Amendment of $730 in the Transportation Improvement Fund to recognize reimbursement funding from AT&T and appropriate it to Sansbury’s Way and Process Drive Intersection Improvements.
SUMMARY: Approval of this Contract and Budget Amendment will allow Palm Beach County to issue a Notice to Proceed to Ranger, a Palm Beach County contractor, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Ranger is 15.13%. Time to complete all work under this Contract shall be no more than 200 calendar days. District 6 (MRE)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (H & J), the lowest responsive, responsible bidder in the amount of $541,311.27 for the construction of Australian Avenue from north of I-95 to south of Okeechobee Boulevard (Project). SUMMARY: Approval of this Contract 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 the Project is 15% overall. The SBE participation committed for the Project by H & J is 17.08%. Time to complete all work under this Contract shall be no more than 120 calendar days. District 7 (MRE)
5. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $220,983.61, for Project No. 2003061, the Glen Ridge/Cloud Lake Drainage Improvements (Project). SUMMARY: Approval of this Project will allow for the dredging of both Cloud Lake and Gem Lake, and the replacement of the connecting culvert to provide better drainage for the area. 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 15% overall. District 3 (MRE)
6. Staff recommends
motion to approve: a Subordination of Encumbrance to Property Rights
from the City of West Palm Beach (City) over a parcel of land, designated as
Parcel 101, needed for the 60th Street North, from west of Royal
Palm Beach Boulevard to the State Road 7 Extension project (Project). SUMMARY: Approval of this
subordination will release the interest of the City in a parcel of land owned
by Palm Beach County. District 6
(PK)
7. Staff recommends
motion to:
A)
adopt a Resolution approving a County Incentive Grant Program (CIGP) Agreement
with the State of Florida Department of Transportation (FDOT), in the amount of
$7,295,000, for the new construction of Lyons Road from 900 feet north of S.R. 806/Atlantic
Avenue to 1.5 miles south of S.R. 804/Boynton Beach Boulevard (Project); and
B) approve a Budget Amendment of $7,295,000 in the Road
Impact Fee Fund – Zone 5 to recognize a CIGP Agreement with FDOT and
appropriate it to the Project.
SUMMARY:
Approval of this CIGP Agreement will allow Palm Beach County (County) to
receive a grant of up to $7,295,000 (50/50 matching funds) for the Project
whose current estimated construction cost is $13,633,000. The County will be responsible for all costs
above this grant amount. District 5
(MRE)
8. Staff recommends
motion to adopt: a Resolution to approve Amendment Number Two to the
Transportation Regional Incentive Program (TRIP) Agreement approved on June 5,
2007 (R2007-0837) with the State of Florida Department of Transportation (FDOT)
for the West Atlantic Avenue project from west of Lyons Road to Starkey Road
(Project). SUMMARY: Approval of this Amendment will include
environmental contamination and remediation services in the TRIP Agreement and
FDOT will reimburse Palm Beach County for half of its expenditures. District 5 (MRE)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to:
A) accept a City Deed, a Drainage Easement, a
Permanent Line of Sight Easement, and a Permanent Pedestrian Sidewalk Easement
from the Town of Jupiter (Jupiter) in connection with Indian Creek Parkway; and
B) approve a County Deed in favor of Jupiter for the
unused portion of Indian Creek Parkway.
SUMMARY: Approval of this item will allow acceptance
of a deed and related easements, and will allow approval of a Palm Beach County
Deed to Jupiter, all in connection with Indian Creek Parkway. District 1 (PK)
10. Staff recommends
motion to approve: an Agreement in the amount of $574,173.86
with Metric Engineering, Inc. for professional services. SUMMARY: Approval of this Agreement
will provide the professional services necessary for the performance of construction
engineering and inspection services for the Military Trail from Clint Moore
Road to Lake Worth Road resurfacing project.
Metric Engineering, Inc. has a Palm Beach County office. Districts 2,
3, 4 & 5 (PK)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to receive and file: the official transcript for the closing of the Palm Beach County,
Florida, Taxable Public Improvement Revenue Bonds (Convention Center Hotel
Project), Series 2010 (the “Bonds”), as authorized by Resolution
R2010-0665. The closing occurred April 28, 2010. SUMMARY: On April
20, 2010, the Board adopted Resolution No. R2010-0665, authorizing the issuance
of the Bonds. The official transcript for this transaction has been
provided. This transcript should now be received and filed in the Minutes
Department. Countywide (PFK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
Contract with Glades Health Initiative, Inc. for the period March 1, 2010,
through June 30, 2010, in an amount of $30,000 for Ryan White Part A Treatment
Extension Act of 2009 HIV Emergency Relief Formula
funds. Summary: A Notice of Grant Award from the Department of
Health and Human Services Health Resources and Services Administration was
received on March 5, 2010, that conveys an award for Formula funds for the
contract period March 1, 2010, through February 28, 2011. Glades Health
Initiative, Inc. provides outreach services which identifies and encourages HIV
affected clients to seek medical services.
(Ryan White) District 6 (TKF)
2. Staff recommends
motion to approve:
Contract with Comprehensive AIDS Program, Inc. for the period March 1, 2010,
through February 28, 2011, totaling $526,240 for Ryan White Part A Treatment
Extension Act of 2009 HIV Emergency Relief Minority
AIDS Initiative (MAI) funds. Summary:
A Notice of Grant Award from the Department of Health and Human Services Health
Resources and Services Administration was received on March 5, 2010, that
conveys an award for Minority AIDS Initiative (MAI) funds for the contract
period March 1, 2010, through February 28, 2011. The Grantee, Palm Beach
County, is responsible for selecting and contracting with service providers
that meet the criteria for the Minority AIDS Initiative. The funding is for the
provision of medical case management services. The agency listed was selected
through the Request For Proposal (RFP) process and has been recommended to
receive MAI funding. (Ryan White) Countywide (TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
3. Staff
recommends motion to approve:
A) receive
and file Grant Award Letter
from Department of Health & Human Services, for the budget period of March
1, 2010, through February 28, 2011, in the amount of $7,118,957; and
B) approve contracts with listed
provider agencies for the period March 1, 2010, through February 28, 2011,
totaling $3,787,874 for Ryan White Part A Treatment Extension Act of 2009 HIV Emergency Relief Formula funds:
Formula
A) Compass, Inc. $
399,000
B) Comprehensive AIDS Program, Inc. $1,378,000
C) Comprehensive Community Care Network, Inc. $ 471,874
D) Legal Aid Society of Palm Beach County,
Inc. $ 190,000
E) Minority Development & Empowerment,
Inc. $ 30,000
F) Oakwood Center of the Palm Beaches,
Inc. $
36,000
G) Treasure Coast Health Council, Inc. $ 583,000
H) Gratitude House, Inc. $ 15,000
I) Health Care District $ 685,000
Total $3,787,874
Summary: A Notice of Grant Award from the Department
of Health and Human Services Health Resources and Services Administration
(HRSA) was received on March 5, 2010, that conveys an award for Formula funds
totaling $6,499,851. The total award
includes $649,985 for Grantee Administration, and $324,992 for Quality
Management. The contracts listed represent a portion of the total funding. The
balance of the funding will be awarded and the provider contracts will be
submitted on a future BCC agenda. The grant award is for the provision of
services related to HIV affected clients, such as medical case management,
medical care, oral health care and substance abuse treatment. The Grantee, Palm Beach County, is
responsible for selecting and contracting with service providers, and the Palm
Beach County HIV CARE Council is charged with the sole responsibility of
determining service priorities and allocation of funding accordingly. The
agencies listed were selected through the Request For Proposal process and have
been recommended to receive funding. (Ryan White) Countywide (TKF)
4. Staff recommends
motion to receive and file:
Memorandum
of Agreement (MOA) with Governor’s Council for Community Health Partnerships,
Inc. (GCCHP). Summary: The purpose of the MOA is to clearly identify
roles and responsibilities of each party as they relate to handling fiscal
aspects for services provided by the Divisions of Human and Senior
Services. This includes payment processing,
record keeping, payment reports and receipts for funding. The MOA was executed
by the County Administrator on April 27, 2010, pursuant to authority granted by
the Board of County Commissioners (R2010-0222). (Human Services) Countywide
(TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
5. Staff recommends motion to approve: Amendment No. 001 to the Contract for Consulting/Professional Services with Joseph L. Morse Geriatric Center-Just Checking Program (R2009-0966), for the period July 1, 2010, through June 30, 2011, for a not-to-exceed amount of $20,040, to execute the first renewal option and increase the hourly rate for mental health counseling services. Summary: This Amendment exercises the first renewal option for services with Joseph L. Morse Geriatric Center-Just Checking Program. It allows the Division of Senior Services (DOSS) to continue to meet the Area Agency on Aging Palm Beach/Treasure Coast, Inc. (AAA) counseling services requirements of the Community Care for the Elderly (CCE) grant by providing mental health counseling services to clients on an individual basis. This Amendment increases the per hour rate to $75. Funding consists of $18,036 (90%) in State funds and $2,004 (10%) in County matching funds. The County match funds are included in the current FY 2010 and the requested FY 2011 budgets. In the area south of Hypoluxo Road, The Mae Volen Senior Center, Inc. provides services under similar grants from the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
6. Staff recommends
motion to approve: Standard Agreement No. IP010-9500 for the Emergency
Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period April 1, 2010, through July 1,
2011, in the amount of $132,865. Summary:
This Agreement will allow the Division
of Senior Services (DOSS), as AAA Lead Agency, to serve 204 eligible low-income
households who meet 150% of the federal poverty guidelines, have at least one
(1) person age 60 years or older and are experiencing a home energy
emergency. Benefits include emergency assistance
to prevent disconnection of utility services.
EHEAP services which are funded with $132,865 in Federal funds provided
through the AAA Agreement and additional County funds in the amount of $44,484
are needed to cover staff salaries and administrative costs not covered by the grant. Sufficient funding is available in the FY
2010 budget to meet County obligations. In
the area south of Hypoluxo Road, AAA Lead Agency, The Mae Volen Senior Center,
Inc. provides EHEAP services under a similar agreement from the AAA.
(DOSS) Countywide except for portions
of Districts 3, 4, 5, & 7 south of Hypoluxo Road (TKF)
7. Staff recommends
motion to approve:
A) Refunding Application for Federal assistance
in the amount of $1,113,738 to operate the Head Start Expansion program for the
period of September 30, 2010, through September 29, 2011; and
B) Refunding Application for Federal
assistance in the amount of $1,091,401 to operate the Early Head Start
Expansion program for the period of September 30, 2010, through September 29,
2011.
Summary: Head Start received the
American Recovery and Reinvestment Act (ARRA) Expansion grants to serve 154
three (3) through five (5) year olds and 91 pregnant women, infants and
toddlers birth through 36 months old. Head Start will continue to provide
services for the period of September 30, 2010, through September 29, 2011. The
total funding for Head Start is $1,392,173, which consists of $1,113,738 in
Federal funds and $278,435 in County required match. The total funding for
Early Head Start is $1,364,251, which consists of $1,091,401 in Federal funds,
$120,823 in County required match and $152,027 in-kind match from Healthy
Beginnings, Children’s Services Council and Cooperative Extension. The County’s
portion has been requested in the FY 2011 budget. The refunding application is
due to Department of Health & Human Services by June 30, 2010. (Head Start)
Countywide (TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
8. Staff recommends
motion to approve:
Contract for Consulting/Professional Services
with Audrey Greenwald, for the period of June 8, 2010, through September
30, 2010, in an amount of $12,000, for speech and language services to Head
Start children. Summary: Audrey Greenwald, a local
speech pathologist, will provide speech/language therapy by appropriate
licensed therapists to Head Start children.
The provider is required to bill Medicaid for evaluations and services
for children who are Medicaid eligible.
Funding consists of $9,600 (80%) in Federal funds and $2,400 (20%) in
County funds. The County’s portion is included in the FY 2010 budget. (Head Start) Countywide (TKF)
9. Staff recommends
motion to:
A) ratify the Chairman’s signature on
the SF424 Application for federal assistance for FY 2010 Cost-of-Living
Adjustment (COLA) funds to the Department of Health and Human Services, Administration
for Children and Families (HHS/ACF), for the period of July 1, 2010, through September
30, 2010, in the amount of $65,123; and
B) approve an upward Budget Amendment of $65,123 in
the Head Start Fund to reconcile the grant
budget, contingent upon the grant award.
Summary: HHS/ACF has
notified Head Start of the availability of COLA funds totaling $65,123. These
funds will be a permanent addition to the base grant. A budget amendment is
needed to reconcile the grant budget. The application was submitted through the
emergency signature process because there was not sufficient time to submit
through the regular Board of County Commissioners agenda process. Funding is comprised of $65,123 Federal
funds. A request of waiver of non-federal share was filed and approved. (Head Start) Countywide (TKF)
10. Staff recommends
motion to approve: a
Refunding Application for federal assistance in the amount of $15,042,196 (Head
Start $13,237,046 & Early Head Start $1,805,150), to operate the full day/full
year Head Start and Early Head Start programs for the period October 1, 2010,
through September 30, 2011. Summary: The FY 2010/2011 full
day/full year Head Start/Early Head Start programs will provide comprehensive
child development services to 1,871 three (3) – five (5) year-olds, 180
pregnant women, infants/toddlers and economically disadvantaged children in
Palm Beach County. Total funding of $23,119,708 (for the Head Start/Early Head
Start Program) consists of Federal funds of $15,042,196; Children’s Services
Council funds of $454,964 and Palm Beach County required funding of $3,305,586 with overmatch funding of $4,316,962. The
County’s portion has been requested in the FY 2011 budget. The refunding
application is due to Department of Health & Human Services by June 30, 2010.
(Head Start) Countywide (TKF)
11. Staff recommends
motion to approve: Amendment
No. 002 to Standard Agreement No. IP009-9500 (R2009-0745) for the Emergency Home Energy Assistance Program
(EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA).
Summary:
This Amendment is to extend the service date to May 31, 2010, extend the
agreement ending date to June 10, 2010, and to revise and replace the Agreement
Report Schedule. In the area south of Hypoluxo Road, The Mae Volen Senior
Center, Inc. currently provides EHEAP services under a similar agreement from
the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5, & 7
south of Hypoluxo Road (TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
12. Staff
recommends motion to approve: Amendment No. 001 to Standard Agreement No. IH009-9500
(R2009-1260) for the Home Care for the Elderly (HCE) Program with the Area
Agency on Aging (AAA) of Palm Beach/Treasure Coast, Inc. for the period July 1,
2009, through June 30, 2010, decreasing the Agreement amount by $30,000 for a
new total not-to-exceed amount of $107,826.
Summary: The HCE Program consists of two (2)
components: a subsidy to assist
caregivers in keeping low-income elders at home and case management. The
purpose of this amendment is to reduce HCE subsidy and to increase HCE Case
Management for the provision of in-home care for seniors as an alternative to
nursing home/institutional care. The $30,000 reduction in HCE is
offset by a $30,000 net increase in Community Care for the Elderly (CCE)
funding (R2010-0597). These adjustments are periodically required at the
request of AAA to align budgetary priorities.
In the area south of Hypoluxo Road, The Mae Volen Senior Center, Inc.,
provides HCE services from AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution
establishing a standard form Cargo Building Lease Agreement (Lease);
authorizing the County Administrator or his designee to execute the standard
form Lease and amendments to the Lease for the purpose of relocating,
increasing or decreasing a tenant’s leased or licensed premises; repealing
Resolution 97-233; and becoming effective upon adoption. SUMMARY: The Resolution establishes a
new standard form Lease for use with tenants at the cargo building at 1300 N.
Perimeter Road (Building 1300) at the Palm Beach International Airport (PBIA),
and authorizes the County Administrator or his designee to execute the standard
form Lease on behalf of the Board. The Resolution also authorizes the
County Administrator or his designee to execute amendments to the Lease for the
purpose of relocating, increasing or decreasing a tenant’s leased or licensed
premises. The new standard form replaces the standard form Air Freight Building
Lease Agreement established by Resolution 97-233. Countywide (HJF)
2. Staff recommends
motion to approve: Change Order No. 3 to the Contract with E.
C. Stokes Mechanical Contractors, Inc. increasing
the contract in the amount of $246.70,
and an extension of 30 calendar days for PB07-2 Cabin Air System improvements
at Palm Beach International Airport (PBIA).
SUMMARY: On April 7, 2009, the Board approved the contract with E.C.
Stokes Mechanical Contractors, Inc., a Palm Beach County Company, for the Cabin
Air System Improvements Project in the amount of $833,325 with a contract time
of 340 calendar days (R2009-0546).
Change Orders 1 and 2 were approved by the Contract Review Committee decreasing the contract
in the amount of $208.21 and increasing the contract time by 90 calendar days. Approval of this Change Order will increase
the total contract price by $246.70 and extend the contract time by an
additional 30 calendar days. Approval of Change
Order No. 3 for an increase in the amount of $246.73 is being brought to the Board
for approval due to the absolute value of the itemized changes in the costs
included in the change order amount pursuant to Revised PPM No. CW-F-050. The Small Business Enterprise (SBE) Goal for this project was
established at 15%. The SBE participation for this Change Order is 100%. The total SBE contract participation
including all change orders is 100%. Countywide (JCM)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: thirty seven (37) original Agreements for the
Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Advanced Medical
Support, Inc., Unit 9, Building 11220 at North County Airport, terminating
R2004-0027 on March 31, 2010;
B) Agreement to Terminate Hangar Lease Agreement with Gerald T.
Sutterfield, Unit 12, Building 11240 at North County Airport, terminating
R2003-1841 on May 1, 2010;
C) Hangar Lease Agreement with Rollaguard Security, LLC, Unit 7, Building
11220, at North County General Aviation Airport for one (1) year, automatically
renewed at one (1) year intervals, commencing on May 1, 2010;
D) License Agreement with Centerport, Inc. for use of Unit 1310-A of 1300
Cargo Building, commencing April 20, 2010, expiring May 31, 2010, automatically
renewed on monthly basis;
E) License Agreement with Galaxy Aviation of Palm Beach, Inc. for aircraft
parking on Apron “A”, commencing April 1, 2010, expiring April 30, 2010,
automatically renewed on monthly basis;
F) License Agreement with Signature Flight Support Corporation for aircraft
parking on Apron “B”, commencing April 1, 2010, expiring April 30, 2010,
automatically renewed on monthly basis;
G) Consent to Sublease for a Sublease Agreement between Florida Airmotive,
Inc. and Cesar Tinoco, commencing into March 1, 2010;
H) Consent to Sublease for a Sublease Agreement between Galaxy Aviation and
Due Process Services, LLC, commencing into June 1, 2009;
I) Consent to Sublease for a Sublease Agreement between Galaxy Aviation and
Falcon Maintenance Corporation, commencing November 1, 2009;
J) Consent to Sublease for a Sublease Agreement between Galaxy Aviation and
Lexington Management Group, Inc., commencing March 1, 2010;
K) Consent to Sublease for a Sublease Agreement between Jet Aviation Associates,
Ltd. and Agro-Industrial Management, Inc., commencing November 11, 2005;
L) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Arthur DeMoss Foundation, commencing April 1, 2009;
M) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Avia Treasury GmbH, commencing August 1, 2008;
N) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Clementine Aviation Service LLC, commencing April 1, 2008;
O) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Corporacion Castillo Bertran, commencing November 1, 2009;
P) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Dankjold Reed Aviation, LLC, commencing August 1, 2009;
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. MOTION/TITLE CONTINUED
Q) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and DCS Management Services, Inc., commencing October 1, 2009;
R) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Executive Affiliates, Inc., commencing May 1, 2009;
S) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Executive Jet Management, Inc., commencing August 1, 2009;
T) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Florida Jet Sales, Inc., commencing September 15, 2007;
U) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Gavilan Corporation, commencing October 1, 2009;
V) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Helicopters, Inc., commencing June 1, 2009;
W) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Horta Aviation, LLC, commencing January 15, 2010;
X) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Kaitar Resources, LLP, commencing December 1, 2006;
Y) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Loomis Corporation, commencing June 1, 2009;
Z) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Lovejoy Industries, Inc., commencing April 1, 2009;
AA) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Odyssey Aviation, commencing November 1, 2008;
BB) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Oxbow Falcon LLC, Building 1512, Hangar 3, commencing December
1, 2008;
CC) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Oxbow Falcon LLC, Building 1516, Storage Unit 15,
commencing December 1, 2008;
DD) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Palm Beach Aviation, Inc., commencing August 1, 2008;
EE) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Symax Aviation, Inc., commencing May 1, 2009;
FF) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Tradanta, Inc., commencing May 1, 2009;
GG) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and US Cable Corp., commencing October 1, 2009;
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. MOTION/TITLE CONTINUED
HH) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Vecellio Management Services, commencing August 24, 2007;
II) Consent to Sublease for a Sublease Agreement between Jet Aviation
Associates, Ltd. and Weeks Davies, commencing December 2, 2007;
JJ) Consent to Sublease for a Sublease Agreement between Peidmont Hawthorne
Aviation, LLC and Jet Tech Interiors, entered into April 1, 2010; and
KK) Consent to Sublease for a Sublease Agreement between Signature Flight
Support Corporation of Palm Beach, Inc. and Bombardier Aerospace Corporation
d/b/a Flexjet, entered into February 1, 2010.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the Board of County
Commissioners in R1994-1453, R2004-1367, R2007-2070 and R2008-1845. The
Department of Airports is in the process of reviewing all files for compliance.
Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to authorize: the Chair to certify the non-ad valorem assessment roll on electronic media to the Tax Collector pursuant to Chapter 197, Florida Statutes. SUMMARY: In 1998, the County began using the Uniform Method of collecting non-ad valorem special assessments. Under this procedure, special assessments are included on the tax bills. Each year the non-ad valorem assessment roll must be certified to the Tax Collector by September 15. Countywide (PFK)
2. Staff recommends
motion to approve: the recording of the FY 2009 retirements of
tangible personal property (equipment, vehicles, publications) in the official
minutes of the Board of County Commissioners’ meeting as prescribed by Florida
Statutes, Chapter 274. SUMMARY:
Florida Statutes, Chapter
274 and the Palm Beach County “Surplus Property Ordinance” require the
recording of the disposal (retirement) of tangible personal property from the
official records of Palm Beach County at historical value. Disposal,
retirement, and adjustments total $32,383,088.36. Approval of this agenda item allows for Palm
Beach County to meet required legal obligations. Countywide (PK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to
approve: JOC Work Order No. 10-094 with Robling Architecture
Construction, Inc. (R2007-1099) in the amount of $637,258.73 to provide site
work and renovations at Belle Glade Airport Park. SUMMARY: The site modifications and site work
shall provide for refurbished tennis & basketball courts, playground
equipment, concession area, and bleachers at Belle Glade Airport Park (a
City-owned park). These improvements
will provide the surrounding community with usable recreational areas. The
project is being funded by Federal Community Development Block Grant (CDBG)
monies and is being managed by Facilities Development & Operations on
behalf of the City of Belle Glade. The Small Business Enterprise (SBE) goal is
15%. The SBE participation in this Work Order is 100%. When the participation for this Work Order is
added to Robling Architecture Construction, Inc.’s total participation-to-date,
the resulting values are 100%. The total
construction duration is 240 days. (FD&O Admin) District 6 (JM)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a First Amendment to the Agreement with Medics
Emergency Services of Palm Beach County, Inc. (Agency) (R2007-2247) to extend
the term of the Agreement until December 17, 2013. SUMMARY: The Agreement,
which provides the terms and conditions under which the Agency can program into
the County=s 800 MHz Radio System and utilize the
countywide and EMS common talk groups for certain types of interagency
communications, expires on December 17, 2010.
The County’s system may not be utilized for routine operational
communications by the Agency. The Agreement provides for three (3) renewal
options, each for a period of three (3) years.
Both parties must approve the renewal option. The Agency has approved a renewal to extend
the term of the Agreement until December 17, 2013. The renewal now requires Board approval. The
terms of this Agreement are standard and have been offered to all EMS
providers. There are no charges associated with this Agreement. The Agency 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 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)
3. Staff recommends
motion to approve:
exercise of the first option to extend
the term of the Lease Agreement (R2000-1807) dated October 31, 2000, with the School Board of Palm Beach County
for the County’s continued use
of Lake Shore Middle School Building 9 (gymnasium) and adjacent land. SUMMARY:
The County currently leases Lake Shore
Middle School Building 9, as well as adjacent land, for various community based
youth programs and parking located at 1101 Southwest Avenue E in Belle
Glade. The leased premises are currently
used by the Palm Beach County Sheriff’s Office for Police Athletic League (PAL)
programs and by the Boys and Girls Club of Palm Beach County, Inc. (B&G
Club) for after school, weekend and summer programming, pursuant to the terms
of a Sublease Agreement (R2001-0656) approved by the Board of County
Commissioners on May 1, 2001. The County
has leased this facility since 2000 and the current term will expire on October
30, 2010. The Lease Agreement provides
for two (2) renewal options, each for a period of five (5) years. This notice of exercise of the option extends
the term of the Lease Agreement from October 31, 2010 through October 30, 2015,
and provides the School Board with disclosure of Ordinance No. 2009-049
regarding the Office of the Inspector General.
The annual rent for this extension period is $1.00/yr. All other terms of the Lease Agreement remain
unchanged. (PREM) District 6 (HJF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to:
A) approve a drainage easement;
B) accept an access easement; and
C) accept a utility easement from the City of
South Bay to serve the County’s replacement site for Fire Rescue Station No. 74
in South Bay.
SUMMARY:
The County acquired a 3.04-acre site from the City of South Bay in 2007
for development of a replacement for Fire Rescue Station No. 74. The site is located on the northeast side of
North U.S. Highway 27 at the entrance to the proposed South Bay Park of
Commerce. Drainage, access, and utility
easements are required to serve the County parcel. The drainage easement is 25’
x 1,696.80’ extending to South Shore Drainage District’s Villa Lago Canal and
contains 42,420 square feet (0.97 acres).
The access easement is 208.80’ long x 120.10’ to 146.16’ wide, and
contains 25,395 square feet (0.58 acres).
The utility easement contains 57 square feet. All the easements are
located on City-owned property, benefit the County parcel and are being granted
by the City at no charge for development of the Fire Rescue Station. (PREM) District 6 (HJF)
5. Staff recommends
motion to receive and file: a notice of exercise of the third option to extend the term of the
Concessionaire Service Agreement with Kayak-King Watersports, Inc.,
(R2007-0958) for the continued operation of a water
sports and recreational rental concession in Okeeheelee Park at an annual rate
of $5,399.35. SUMMARY: Kayak-King Watersports, Inc. has operated its
concession in Okeeheelee Park since May 2008 (R2008-0761). The Board previously
recognized two (2) renewal options (R2008-1476 dated September 9, 2008, and
R2009-0757 dated May 5, 2009) that extended the expiration date of the
Concessionaire Service Agreement to June 30, 2010. Kayak-King Watersports is
exercising the third of four (4) - one (1) year extension options for the
period of July 1, 2010, through June 30, 2011. The annual rent for this
extension period is increased by four percent (4%) to $5,399.35. The Board has
no discretionary authority to deny the exercise of the option; however, either
party may terminate this Agreement upon ninety (90) days written notice.
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 a Concessionaire Service Agreement
which was previously approved by the Board, staff did not request a new
Disclosure. All other terms and conditions of the Concessionaire Service
Agreement shall remain in full force and effect. (PREM) District 6 (HJF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: a First
Amendment to the Agreement with the City of Margate (City) (R2005-2158) to
extend the term of the Agreement until October 31, 2015. SUMMARY:
The Agreement, which provides the
terms and conditions under which the City can program into its radios and
utilize the countywide and EMS common talk groups for certain types of
inter-agency communications, expires on October 31, 2010. The Agreement provides for three (3) renewal
options, each for a period of five (5) years.
Both parties must approve the renewal option. The City has approved a renewal to extend the
term of the Agreement until October 31, 2015.
The renewal now requires Board approval.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of federal agencies with 800 MHz trunked
radio capabilities. There are no charges
associated with this Agreement. The City
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 First Amendment renews the term, updates the
County’s notice provision 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)
7. Staff recommends
motion to approve: Amendment No. 7 to Contract with Catalfumo Construction, Ltd.
(R2007-1217) in the amount of $4,209,613 for construction management services
for the Governmental Center Chiller Replacement. SUMMARY: Amendment No. 7 will provide
for a Guaranteed Maximum Price (GMP) to replace the roof top cooling towers and
chillers at the Governmental Center with a new chiller building located east of
the Governmental Center parking garage.
The new chillers will also provide chilled water to the Historic
Courthouse and eliminate the chiller/generator yard located northeast of the
Historic Courthouse. Due to the location of the new Central Energy Plant (CEP),
the Rose Garden will be relocated and enhanced with a new Public Assembly Plaza
including an open-air sheltered pavilion with seating and a landscaped plaza,
the cost of which is included in this Amendment. Project funding is ad valorem. Catalfumo is a local firm using all Palm
Beach County subcontractors. The Small
Business Enterprise (SBE) goal for this project is 15%. Catalfumo Construction
will provide 49% SBE participation in this Amendment. The construction duration of the CEP is 150
calendar days to substantial completion. The second phase, Public Assembly
Plaza, will commence upon completion of the CEP and relocating of the Historic
Courthouse equipment. (Capital Improvements Division) Countywide/District 7 (JM)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends motion to approve:
A) Work Order No. 10-025 with Farmer & Irwin
(R2006-2089) in the amount of $17,586 to provide new steel supports, patch
rusted ductwork, replace damaged hurricane straps and bird screens, and paint
the new pressurization fans at the Judicial Center; and
B) Work Order No. 10-020 with Farmer & Irwin
(R2006-2089) in the amount of $18,753 to provide test and balance services for
nine (9) stairwell fans and one (1) smoke exhaust fan at the Main
Courthouse/Judicial Center, and conduct an after-hours inspection with the City
of West Palm Beach.
SUMMARY: The original Work Order
(09-033) in the amount of $188,966 was approved by the Contract Review
Committee on July 5, 2009, and authorized the replacement of deteriorating
existing stairwell pressurization fans and associated auxiliary equipment. Work Order No. 10-025 expands the scope of
work to correct concealed and unforeseen damage. This work has been
completed. The scope identified in Work
Order 10-020 includes pressurization re-testing of all doors from the stairwell
required by the City of West Palm Beach Building Official but not noted as an
original permit condition. Approval of
Work Orders 10-020 and 10-025 require Board approval as the cumulative value of
the project exceeds $200,000. The Small
Business Enterprise (SBE) goal is 15%. The SBE participation in these Work Orders
is 0%. When the participation for these Work Orders is added to the HVAC Annual
Contract total participation-to-date, the resulting values are 76.6%. (FD&O
Admin) District 7 (JM)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2010-0259) with the Town of Lake Park to modify the scope of the project at West Ilex Park. SUMMARY: The Agreement for this project included the purchase and installation of playground equipment, landscaping, benches, pavers, sidewalks, a bike rack and irrigation system modifications at West Ilex Park located at 760 West Ilex Drive, in the Town of Lake Park. The Agreement anticipated the procurement of all of the aforesaid items under one contract. The Town has instead requested that the project be expanded and be divided into two (2) parts. Under this Amendment, one part will include the purchase of playground equipment, safety surfacing, picnic tables, trash receptacles, benches, bike racks and trellises, and the second part will include construction work that encompasses excavation for the playground, concrete walkways and pads, and installation of truncated dome mats, root control barrier, picnic shelter, fencing, lighting, irrigation and sod. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends motion to receive and file: seven (7) agreements funded under the Neighborhood Stabilization Program for the period of April 1, 2010, to March 31, 2011, with:
A) Palm Beach County Housing Authority in the amount of $750,000;
B) Riviera Beach Housing Authority, Inc., in the amount of $500,000;
C) Housing Partnership, Inc., in the amount of $850,000;
D) Neighborhood Renaissance, Inc., in the amount of $500,000;
E) Florida Conference Association of Seventh-Day Adventists in the amount of $272,600;
F) Community Land Trust of Palm Beach County, Inc., in the amount of $800,000; and
G) City of Riviera Beach in the amount of $577,400.
SUMMARY: Palm Beach County entered into a Grant Agreement (R2009-1672) with the U.S. Department of Housing and Urban Development for the receipt of $27,700,340 under the Neighborhood Stabilization Program (NSP). On November 3, 2009, the Board of County Commissioners (BCC) approved funding recommendations for this Program which included the seven (7) herein identified recipients of NSP funds. All seven (7) Agreements make funds available for the acquisition and rehabilitation of foreclosed properties. Acquired properties are then sold to, or leased to, income qualified households. The County Administrator executed these seven (7) agreements under the authority provided by the BCC on November 18, 2008 (R2008-2154). These are Federal Neighborhood Stabilization Program Grant funds that require no local match. Districts 1, 2, 5, 6 & 7 (TKF)
3. Staff recommends motion to receive and file: an Agreement with NOAH Development Corporation, in the amount of $1,496,414, for the period of April 15, 2010, to September 16, 2010. SUMMARY: This Agreement provides funding under the 2005 Disaster Recovery Initiative (DRI) Program for the continuation of a project that has commenced under Agreement (R2009-0998) which expired with the expiration of the DRI Grant Agreement with the Florida Department of Community Affairs. The $1,500,000 funded through the expired Agreement, less funds expended on the project to date, is being recommitted to the project through this Agreement. Under this Agreement, NOAH Development Corporation (NOAH) will receive the remaining $1,496,414, for hurricane hardening at Covenant Villas and South Bay Villas. NOAH has received bids and awarded a construction contract for the work. Approval of the Agreement will allow work to proceed. The project experienced delays related to the preparation of contract documents and specifications and related to permit approvals by the building departments with jurisdiction. The DRI Grant Agreement with the Florida Department of Community Affairs has now been extended to September 16, 2010. The expiration date of this Agreement coincides with the new expiration of the Grant Agreement with the State. The County Administrator executed this Agreement under the authority provided by the Palm Beach County Board of County Commissioners on July 18, 2006 (R2006-1351). These are Federal Community Development Block Grant funds that require no local match. District 6 (TKF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends motion to receive and file: a Subordination Agreement with Florida Housing Finance Corporation, and Villages at Delray Apartments, and an Intercreditor and Subordination Agreement with Village at Delray, Ltd., PNC Bank, National Association, and Florida Housing Finance Corporation, dated May 6, 2010, for the Village at Delray Apartments. SUMMARY: The Board of County Commissioners authorized the Chair to execute these Subordination Agreements and Intercreditor Agreement pursuant to the Loan Agreement approved on February 23, 2010 (R2010-0260). District 7 (TKF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: Change
Order No. 3 to the Contract with AKA Services, Inc. (R2009-1518) for the City
of Pahokee Inflow and Infiltration Program and Wastewater Pump Stations
Project. SUMMARY: This
Change Order authorizes the deletion or quantity reduction of several line
items in the amount of $1,229,577.43 for repairs and services that are now
deemed to be less critical than when the contract scope was developed. This
revenue will be allocated for new repair work and quantity increases of several
contract line items in the amount of $1,229,573.45. These items are more
crucial to the operation of the wastewater system including the upgrade of lift
station control panels, performing more pipe repairs and completely replacing
gravity sewer lines. While the change in the net contract price is only a $3.98
reduction, and there is no change to the contract schedule, the dollar value of
the additions and deletions to the contract necessitates Board action. The
total change orders to date including Change Order No. 3, equals $99,662.67 (a
2.08% increase). The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0%
overall. The original contract with AKA Services, Inc. provides for 16.12% SBE participation
overall. (WUD
Project No. 09-057) District 6 (JM)
2. Staff recommends
motion to approve: a Contract for Disaster Recovery Design/Build
Services with Camp Dresser and McKee, Inc (CDM). SUMMARY: This Contract is recommended as prudent
planning to ensure the integrity of the County’s water and wastewater
infrastructure prior to, during, and immediately following natural disasters,
including Category 4 or 5 hurricanes.
Following these events, reconstruction of water utility facilities needs
to begin immediately in order to protect public health. This Contract facilitates the immediate reconstruction of such
infrastructure and will be used by the Water Utilities Department to obtain
engineering/professional design/build/construction services for disaster
recovery or mitigation related projects.
The Facilities Development and Operations Department may also use the
design/build Contract. Consultant
Service Authorizations will be negotiated and issued in accordance with the
standard County procedures outlined in Countywide PPM No. CW-F-050. The Contract has a term of one (1) year,
subject to two (2) annual renewals. The
selected firm has agreed to meet or exceed a 31% small business participation
goal. The consultant has included a list
of certified small business (SBE) subcontractors which they intend to use to
meet their goal. CDM is a Palm Beach County Company. (WUD 10-027) Countywide (JM)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to receive and file: one (1) Utility Concurrency Reservation
Agreement complete with executed documents received during the month of May
2010:
Utility Concurrency Reservation
Agreement
A) H
& M Development, L.L.C. (District
6) 02-01124-000
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 Utility Concurrency Reservation Agreement with H & M
Development L.L.C., for the project known as Legend Lakes Center is located in
Lake Worth. This agenda item recommends the Board receive and file the
agreements so they may be properly recorded. Countywide (SF)
4. Staff recommends
motion to approve: an Interlocal
Agreement with the Palm Beach County School Board for installation, dedication
and maintenance of a force main. SUMMARY:
The Palm Beach County
School Board is currently constructing the new Western Communities Elementary
School (O3W) on Lyons Road, south of Pioneer Road. The Department’s Wastewater
Master Plan requires the installation of an oversized force main in Lyons Road,
adjacent to this property. The School
Board requested that the department install the pipeline. The School Board
agreed to provide the department a complete engineering design, all necessary
permits and a monetary contribution of $89,500 in lieu of construction. The department has the necessary resources to
complete the pipe installation in time for the proposed school opening. (WUD No.
09-518) District 6 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to approve: a Termination of Easement, which terminates a 0.99 acre Conservation Easement at the Whiteside Industrial Park based on receipt of a cash buy-out equivalent to the value of the native upland preserve. SUMMARY: The Whiteside Group, Inc. currently owns a 0.99 acre Conservation Easement within the Whiteside Industrial Park that was executed as a permit condition under Article 14.C, Vegetation Protection and Preservation, of the Unified Land Development Code (ULDC), (Vegetation Permit No. V-290-01). The Whiteside Group, Inc. requests to terminate the existing Conservation Easement and has provided a cash payment of $85,000 to the County which is the cash buy out equivalent to the value of the native upland preserve based upon the submitted January 10, 2009 appraisal, in lieu of retaining the upland preserve. The ULDC, Article 14.C allows for a native upland preserve buyout option. The Whiteside Group has chosen to exercise this option. Upon approval by the Board of County Commissioners, the payment will be recorded in the Natural Areas Fund for the acquisition and maintenance of natural areas. District 6 (SF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES
MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) approve Interlocal Agreement with the City of Lake
Worth (City) in an amount not to exceed $210,000 for the installation of a
pollution control device through
the Lake Worth Lagoon Partnership Grant Program (LWLPGP);
B) approve Budget Transfer to recognize the re-allocation of $210,000 from Westgate Community Revitalization Area award to the City of Lake Worth; and
C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, statements and other forms associated with this document, and any necessary minor amendments that do not change the scope of work or terms and conditions of this document.
SUMMARY: On September 5, 2008, the LWLPGP Selection Committee approved the reallocation of $210,000 unspent funds from the State=s Department of Environmental Protection (FDEP) Grant Agreement No. LP6046 (R2006-0583) to the City’s water quality improvement project. Construction projects benefiting Lake Worth Lagoon habitat and water quality will be administered as subgrants via Interlocal Agreements with the responsible entities. The total grant funding for the projects is $210,000. A 100% match is required from the local entities. Countywide (SF)
3. Staff recommends
motion to:
A) receive and file an original document for the
Department of Environmental Resources Management (ERM) for Amendment
No. 3 to the Metropolitan Planning Organization (MPO) Agreement No. R2008-1507
to increase project funds by $30,000 for the construction of a water taxi
docking at the Snook Islands Public Use Facility;
B) receive and file an original document for ERM for
Amendment No. 3 to the MPO Agreement No. R2009-0114 to increase project
funds by $30,000 for the construction of a water taxi docking at the Juno Dunes
Natural Area;
C) approve a Budget Transfer of $60,000 in the
MPO Fund from Palm Beach County Water Taxi Facilities to the Environmental
Resources Capital Projects Fund; and
D) approve a Budget Amendment of $60,000 in the
Environmental Resources Capital Projects Fund to recognize the revenue from the
two (2) MPO Project Agreements.
SUMMARY: The BCC approved Grant Agreements
R2008-1507(Delegation of Approval Authority memo was signed by the County
Administrator on September 9, 2008) and R2009-0114 (Delegation of Approval
Authority memo was signed by the County Administrator on May 4, 2009) with MPO
to cover a portion of the costs of the Snook Islands Public Use Facility and
Juno Dunes Natural Area Water Taxi Docks, respectively. Under the terms of
these Grant Agreements, MPO will reimburse up to $130,000 project costs for
each project. A Budget Transfer and Amendment are necessary to apply the
additional MPO funding towards these projects. No matching funds are
required. Districts 1 & 3 (SF)
4. DELETED
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends motion to approve: Agreement with Martin County to cooperate for environmental enhancement and restoration of the Loxahatchee River. SUMMARY: Permit-required screening of the newly placed beach sand at Juno Beach has produced nearly 6,000 tons of non-beach compatible material, mostly limestone rubble and shells. The intent of this Agreement is to allow Martin County to use 3,436 tons of this material as oyster reef habitat in the Loxahatchee River. In return for receiving this material at no charge, Martin County will place up to 1,120 tons of additional oyster reef habitat in Palm Beach County (total of 4,556 tons). There is no transfer of funds to or from either party as part of this Agreement. This Agreement will save Palm Beach County up to $19,335 in potential hauling costs for this material and create a new oyster reef within the Palm Beach County portion of the Loxahatchee River. District 1 (SF)
6. Staff recommends
motion to:
A) approve Budget Amendment of $2,151,646 in the Beach Improvement
Fund to recognize a Federal Emergency Management Agency (FEMA) reimbursement
received for the Juno Beach Shore Protection Project; and
B) approve Change Order No. 1 to a Construction Contract
(R2009-0930) with Weeks Marine, Inc. (WMI) in the amount of $1,496,921.25 for
differing site conditions encountered in the borrow area while dredging, and
the increased quantity of sand placed during the construction of the Juno Beach
Shore Protection 2nd Nourishment Project No. 2009ERM01.
SUMMARY: The Board of County Commissioners approved the Contract with WMI on June 2, 2009. The Project includes offshore dredging and constructed placement of fill along 2.4 miles of publicly accessible beach in Juno Beach and Jupiter. Beach work on this Contract commenced December 20, 2009. The Contract is funded from a combination of State grant dollars, tourist development taxes, and FEMA reimbursement due to impacts from Hurricanes Frances and Jeanne on Juno Beach. District 1 (JM)
7. Staff recommends motion to approve: Amendment No. 1 to the Project Cooperation Agreement (PCA) with the Department of the Army for modification of the Palm Beach Harbor, Florida Project and the Intracoastal Waterway Project (Peanut Island Restoration “Project”). SUMMARY: The Project was completed in 2005 through a PCA (R2001-108) with U.S. Army Corps of Engineers (USACE). The PCA outlines a 75%/25% Federal/Non-Federal (County) cost share and a $5,000,000 cap on Federal funds for the Section 1135 portion of the Project, which includes Peanut Island environmental restoration and the Snook Islands Natural Area. These projects were completed in cooperation with Florida Inland Navigation District (FIND). Working through Congress, language was included in the Water Resources Development Act (WRDA) of 2007 increasing the maximum amount of Federal funds that may be expended on the Section 1135 Project to $9.75 million. Amendment 1 will prompt the USACE to provide additional final accounting to allow reimbursement to the County and FIND for overpayment. Districts 1 & 7 (SF)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. DELETED
2. Staff recommends motion
to receive and file: executed Independent Contractor Agreement received
during the month of March:
Caroline
Karolinko, Synchronized Swimming Coach, Aqua Crest Pool for the period April
18, 2010, through April 17, 2011, in an amount not-to-exceed $27,000.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a receive and file agenda item. The
Independent Contractor Agreement has been fully executed on behalf of the Board
of County Commissioners (Board) by the County Administrator/Director/Assistant
Director of the Parks and Recreation Department in accordance with Resolution
94-422, amended by Resolutions 02-2103 and 07-0409, and is now being submitted
to the Board to receive and file. District
7 (AH)
3. Staff recommends
motion to approve:
A) First
Amendment to Agreement with the Young Men’s Christian Association of the Palm
Beaches, Inc. (YMCA) for construction of a concession building at the John
Knapp Little League Ballfield Complex; and
B) Budget
Transfer of $18,699 within the $25M GO Parks and Cultural Improvements Bond
fund - 2003 from School Board/EEE High School Auditorium Fly Loft to YMCA of
the Palm Beaches Concession/Bathroom Building.
Summary: This First Amendment to Agreement
(R2010-0524) increases the funding amount of this 2002 Recreation and Cultural
Facilities Bond project by $18,699, for a total of $143,699; adds a required
YMCA match of $6,595; expands the project scope to include additional
regulatory ADA and Palm Beach County Fire Rescue requirements; and provides
language now required in all Bond Agreements to address Inspector General
requirements. The $18,699 from the 2002 Recreational and Cultural bond
referendum is from a residual balance from a completed District 3 bond project. District 3 (PK)
4. Staff recommends
motion to approve: Special Use Agreement with the School Board of
Palm Beach County for mutual use of recreational facilities at West Boynton
District Park and Park Vista Community High School. Summary: The Special Use Agreement enables students
and faculty of Park Vista Community High School to use the major league
baseball field, softball field, multipurpose fields, batting cages and
associated park amenities at West Boynton District Park for Florida High School
Athletic Association seasonal play and Park Vista Community High School
after-school activities. It provides for
public use of Park Vista Community High School’s eight (8) lighted tennis
courts, four (4) lighted multipurpose courts and primary parking lot. The Agreement allows the County to use the
gym and portable classrooms for summer camp activities and provides for use of
open space owned by the School Board to be utilized by the Parks and Recreation
Department for employee parking. District
3 (AH)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to:
A) approve Grant Agreement with the Palm Beach Metropolitan Planning Organization
(MPO) in an amount not-to-exceed $65,000 for funding a water taxi shelter at
DuBois Park;
B) authorize the County Administrator or his designee to execute all future time
extensions, task assignments, minor amendments, and other necessary forms and
certifications during the term of the Grant Agreement that do not change the
amount of funding, scope of work, or terms and conditions of the Agreement;
C) authorize
the Director of the Parks and Recreation Department to serve as Liaison Agent
with the MPO for this project;
D) approve
a Budget Transfer of $65,000 in the Metro Planning Organization Fund for PBC
Water Taxi Facilities from Contributions to Other Governmental Agencies to
Transfer to Park Improvement Fund 3600; and
E) approve
a Budget Amendment of $65,000 in the Park Improvement Fund to recognize the
transfer from the Metro Planning Organization Fund.
Summary: This Grant
Agreement provides an amount not-to-exceed $65,000 for design, permitting and
construction of a water taxi shelter on the Jupiter Inlet at DuBois Park. The estimated cost for the water taxi shelter
is $125,444, and the additional funding of $60,444 will be provided from
previously established funding from the 2004 Waterfront Access Bond for the
DuBois Park Marina project. The project
must be completed and the facility open to and accessible by the public within
two (2) years of the execution of the Grant Agreement. The term of this Grant Agreement is for ten
(10) years, until June 8, 2020. Funding
is from the U.S. Department of Transportation, Ferry Boat Discretionary
Program, through the State of Florida Department of Transportation, and is
administered by the Palm Beach County MPO. District 1 (AH)
6. Staff recommends
motion to approve: Agreement with Seagull Industries for the
Disabled, Inc. for the mutual operation of the County’s Therapeutic Recreation
Summer Camp program. Summary: The County and Seagull
Industries, Inc. have previously independently offered a recreational summer
camp program for persons with developmental disabilities ages 13-22. Due to budget constraints, the County’s
Therapeutic Recreation Section’s summer program would be offered to a maximum
of 12 participants in FY 2010. The partnership between the County and Seagull
Industries allows the summer camp program to more than double the maximum
number served to 30 participants through shared resources, while maintaining
quality and supervisory standards. This Agreement is for one (1) year and shall
automatically renew annually unless terminated by either party. The County will receive $200.80 per
participant and recreation supplies valued at $200 per summer. District 3 (AH)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
a Contract with the Oakwood Center of the
Palm Beaches, Inc., a not-for-profit agency, for $268,252 for the period of
October 1, 2009, to March 31, 2012, for the provision of expanding Crisis
Intervention Team training and providing intensive forensic case management to
dually-diagnosed repeat offenders. SUMMARY:
Palm Beach County has received a direct award of $249,942 and
matched the grant with $84,085 in cash and in-kind services, under the Justice
and Mental Health Collaboration Program of the United States Department of
Justice, Office of Justice Programs Bureau of Justice Assistance. The grant
application was made through the Palm Beach County Criminal Justice Commission
in partnership with the Oakwood Center of the Palm Beaches, Inc. This award was
received and filed by the Board of County Commissioners on October 20,
2009. The Oakwood Center of the Palm
Beaches, Inc., will receive $268,252 of the grant funds to provide mental health
and substance abuse treatment services on the project to dually-diagnosed
repeat offenders, and to provide an expansion of the Crisis Intervention
Training program.
Countywide (DW)
2. Staff recommends
motion to:
A)
receive and file a Grant from the Florida Department of Law
Enforcement (FDLE) for the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program: State Solicitation;
B) approve a Contract with the national non-profit
corporation, Gulfstream Goodwill Industries, Inc., in the amount of $60,000 to
provide reentry services to returning offenders in the western communities of
Belle Glade, Pahokee, and South Bay for the period October 1, 2009, to
September 30, 2010; and
C)
approve a Budget Amendment
of $60,000 in the General Fund to establish budget for the project.
Summary: Gulf Stream Goodwill and Belle Glade Weed and Seed will
work together to bridge a large gap in services in the Glades. Goodwill
Industries proposes intensive case management and job development services to
ex-offenders returning from the County Jail and from the State Department of
Corrections. These services will be offered out of the Weed and Seed Offices
located at 234 Southwest 5th Avenue in Belle Glade, FL. The grant
application was executed by the Board of County Commissioners on August 18,
2009 as resolution R2009-1314. There is no match requirement for JAG funds. District
6 (DW)
3. Staff recommends
motion to approve:
A) a Budget Transfer of $40,000 from the General Fund to increase
budget for the Public Defender Re-Entry Program; and
B) a Budget Amendment for $40,000 in the Criminal
Justice Trust Fund to recognize the transfer from the General Fund.
Summary: The requested
transfer of $40,000 will consolidate the FY 2010 budget of the Public
Defender’s Office, in the Criminal Justice Trust Fund. These funds were already
approved by the BCC on February 23, 2010 (R2010-0277). The Re-Entry Program provides case management
services to citizens returning to the community from the county jail
system. Countywide (DW)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
4. Staff recommends
motion to approve: the
Fourth Amendment with the City of Riviera Beach (R2005-2435) for $100,000 for
the contract period from October 1, 2009, to September 30, 2010 to support the
City of Riviera Beach “Weed and Seed” efforts. SUMMARY: The Criminal
Justice Commission recommends the use of $100,000 from the Criminal Justice
Reserve Fund for the continuation of “seeding” services and to extend the
existing contract period to September 30, 2010. District 7 (DW)
5. Staff recommends
motion to approve:
A) a Contract with The Salvation Army –
A Georgia Corporation for the Salvation Army, West Palm Beach, a not-for-profit
agency, for $55,000 for the period of October 1, 2009, through March 31, 2012
for an after-school intervention program; and
B) a Budget Transfer of $55,000 in the
American Recovery and Reinvestment Act – Justice Assistance Grant Fund from
reserves to establish budget for this project. These funds are grants from the
2009 American Recovery and Reinvestment Act, Justice Assistance Grant (JAG).
SUMMARY: Palm
Beach County has received a direct award of $1,246,822 as part of the FY 2009
American Recovery and Reinvestment Act – Justice Assistance Grant: Local
Solicitation. This award was received and filed by the Board of County
Commissioners on October 6, 2009 (R2009-1700). The Salvation Army will provide
an after-school tutorial program to children in the target Weed and Seed
neighborhood. The program will include school aged children who will be engaged
at the center located at 600 North Rosemary Avenue, West Palm Beach,
Monday-Friday after pick up at their respective schools. The program will offer
an opportunity to engage children in math, science, and engineering. District
7 (DW)
R. HUMAN RESOURCES
1. Staff recommends
motion to approve:
Contract with NMS Management Services, Inc., to provide drug and alcohol testing services for Palm Beach County’s
employee drug and alcohol testing program, at an annual cost of $ 41,450. SUMMARY: NMS Management Services, Inc.
will screen Palm Beach County applicants and employees in safety-sensitive
positions for drugs and alcohol, as required under the Omnibus Transportation
Employee Testing Act of 1991. Services shall commence on May 1, 2010, for a
term of three (3) years, with two (2) – one (1) year options to renew, at an
annual cost of $41,450. Countywide (EC)
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. This Agreement provides for disclosure of County Ordinance No. 2009-049 establishing the Office of the Inspector General. District 1 (PFK)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to approve: a Separation
Agreement, Waiver and General Release in the amount of $23,426.05 plus
continuing health care coverage under Palm Beach County’s group health
insurance plan for three (3) years beginning July 1, 2010, for County employee
Nancy A. Dixon. SUMAMRY:
This Separation Agreement, Waiver and General Release is being extended to
County employee Nancy A. Dixon, Director of the Victim Services and Support
Division in the Public Safety Department, to obtain a full waiver and general
release of any claims she now has or may bring arising from her employment with
Palm Beach County. Staff, including the Public Safety Department and County
Administration, concur that this Separation Agreement, Waiver and General
Release is in the best interest of Palm Beach County. Countywide (EC)
AA. PALM TRAN
1. Staff recommends
motion to:
A) approve
motion to accept grant award in the amount of $320,000 with the Federal
Transit Administration (FTA) “TIGGER Program” to purchase motor fans to outfit
diesel buses and improve their gas mileage performance; and
B) approve Budget Amendment of $320,000 in the Palm
Tran Grants Fund from the Federal Transit Administration (FTA) “TIGGER”
Program.
Summary:
On April 21, 2009, the
Board approved the electronic filling of grant application for the Transit
Investment for Greenhouse and Energy Reduction “TIGGER” program
(R2009-0694). Palm Beach County was
awarded $320,000 from the TIGGER program for the purchase of thermal systems (electrical
motor fans), that will replace existing hydraulic fan systems in Palm Tran’s
buses and lead to an increase in fuel efficiency. The grant was awarded on
January 15, 2010. The Board’s acceptance of the grant award will bind the
County to the terms and conditions of the grant, including the additional
special conditions described in the Conditions of Award set forth in Part 7 of
the Application, and the terms and conditions of the FTA Master Grant Agreement
(FTA G-16, October 1, 2009), and applicable Certifications and Assurances, as
further described in Attachment 2 of the Agreement. Certain terms and conditions had not been
established for TIGGER and ARRA grant awards at the time the grant application
was submitted. The purchase and installation of motor fans will be completed by
March 30, 2011. Palm Tran’s Executive Director and Assistant Director, through
the County Administrator, were authorized to electronically execute the grant
in R2009-0694. Countywide (DR)
2. Staff recommends
motion to approve: Second
Amendment to the Contract (R2000-1931, dated November 23, 2000) with The Bench
Press Ltd. to extend their Contract for bus bench advertising for 14 months through February 14, 2012. Summary: Under its Contract with the County, The Bench
Press Ltd. provides bus benches at Palm Tran bus stops. In return for placing and maintaining the
benches the Contract allows the Company to place advertising on the benches,
with the County receiving a portion of the revenue. The Contract would expire
on November 21, 2010. This Amendment will extend it, upon the same terms and
conditions, through February 14, 2012. Countywide
(DR)
JUNE 8, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Transfer of $37,500 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 $1,799,185. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $1,761,685. The year-to-date transfer for
all donations after approval of this item is $542,607. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective agency. No new positions are
needed and no additional County funds are required. Countywide (DW)
ORGANIZATION AMOUNT
211
Palm Beach/Treasure Coast, Inc.
$25,000
Inner
City Youth Golfers’, Inc.
$10,000
Safety
Council of Palm Beach County, Inc. $
2,500
Total Amount of Donations $37,500
CC. SUPERVISOR OF ELECTIONS
1. Staff recommends motion to approve: Precinct boundary changes submitted by Susan Bucher, Supervisor of Elections, as required by Section 101.001(1), Florida Statutes. Summary: Precinct boundary changes as indicated. Countywide (LSJ)
* * * * * * * * * * * *
JUNE 8, 2010
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Certificates
of Appreciation to Representative Mary Brandenburg and Representative Carl
Domino in recognition of their eight (8) years of service to Palm Beach County
in the Florida House of Representatives.
B. Certificate
of Appreciation to Representative Maria Sachs in recognition of her leadership
as Chair of the Palm Beach County Legislative Delegation.
C. Certificates
of Congratulations to Jessica Stone and Maxx Melanson in recognition of getting
First Place for their efforts to stop youth violence in the Do the Write Thing Challenge. (Sponsored
by Commissioner Koons)
D. Proclamation
declaring July 18 – 24, 2010 as “Probation, Parole and Community Supervision
Week” in Palm Beach County. (Sponsored by Commissioner Taylor)
E. Proclamation
declaring July 18-24, 2010 as “Contract Management Week” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
F. Proclamation
declaring June 13 – 20, 2010 as “Father Central Week” in Palm Beach
County. (Sponsored by Commissioner
Koons)
G. Proclamation
declaring June 27, 2010 as “National HIV Testing Day” in Palm Beach County.
(Sponsored by Commissioner Taylor)
* * * * * * * * * * * *
JUNE 8, 2010
5. PUBLIC
HEARING – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion to:
A) conduct a TEFRA public hearing concerning the issuance of up to $13,000,000 Industrial Development Revenue bonds (South Florida Fair Project), Series 2010 (the “Bonds”); and
B) approve the application of South Florida Fair & Palm Beach County Expositions, Inc. for the issuance of the Bonds.
SUMMARY: South Florida Fair & Palm Beach County Expositions, Inc. (the “Company”) has applied for the issuance of industrial development revenue bonds by the County in an amount not to exceed $13,000,000. Bond proceeds will be used to refund the County’s revenue bonds issued in 2000 for the benefit of the Company in order to achieve a reduction in debt service. The Bonds will be payable from revenues derived from the Company, and, as with the 2000 Bonds, the County will agree that in the event of the inability of the Company to pay debt service on the Bonds, the County will do so from lawfully available revenues of the County not derived from ad valorem taxation. The form of the County’s agreement has not been finalized and will be considered by the Board at a future meeting. By approving the Company’s application, the County is not obligating itself to enter into any such agreement at this time. Except as described above, neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. District 6 (PFK)
* * * * * * * * * * * *
JUNE 8, 2010
6. REGULAR
AGENDA
A. ADMINISTRATION
TIME CERTAIN – 10:00 A.M.
1. Staff recommends
motion to receive and file: Presentation of the 2010 Legislative
Session Final Report. SUMMARY:
A presentation of the final legislative report reviewing Palm Beach County’s
2010 State Legislative Agenda priorities and appropriations with the Board of
County Commissioners. Countywide (DW)
B. COUNTY ATTORNEY
1. Staff recommends
motion to approve: an Employment
Contract with Sheryl G. Steckler, chosen by the Inspector General Selection
Committee to become Palm Beach County’s first Inspector General. SUMMARY: The Palm Beach County Commission on
Ethics, with the assistance of the County Attorney, has negotiated a four (4) year
Employment Contract with Sheryl G. Steckler. The Employment Contract
provides for a four (4) year term beginning June 28, 2010, a starting salary of
$150,000 per year, an automobile allowance, and includes other benefits similar
to those provided to all County employees. On May 27, 2010, the Commission on
Ethics unanimously voted to recommend that the Board of County Commissioners
approve the employment contract. In accordance with Ordinance 2009-049,
the Employment Contract is hereby presented for approval by a majority of the
Board of County Commissioners. Countywide (DMN)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: an alternative design standard for lighting thoroughfare roadways which are County maintained and rural in nature, as identified in the Palm Beach County Thoroughfare Right-of-Way Identification Map. The proposed alternative would allow consideration of a reduced illumination requirement on thoroughfare lighting projects outside of the Urban Service Area. SUMMARY: Approval of this design standard will allow some thoroughfare roadways, primarily rural, to be considered for a reduced illumination level. This new standard would be considered for roadways rural in nature, and predominately residential. Major urban facilities or designated State roads would not be considered for this standard. Implementing this standard in lieu of the current major arterial standard would be at the discretion of the County Engineer. Countywide (MRE)
JUNE 8, 2010
6. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff
recommends motion to approve: a First Restated Sports Facility Use
Agreement (R96-2117) with Jupiter Stadium, Ltd. (Teams). SUMMARY: In 1996, the Board approved a Sports Facility
Use Agreement with the Teams for its use, occupancy and operation of the Roger
Dean Stadium for a term of 20 years. On
March 17, 2009, the Board authorized Staff to negotiate with the Teams the
terms of an Amendment to establish the Renewal/Replacement (R/R) Program. This
First Restated Agreement: (i) extends the term ten (10) years from April 30,
2017, to April 30, 2027; (ii) establishes the R/R Program; (iii) requires the
Teams to contribute $250,000 a year toward scheduled capital improvements and
provides the terms under which the County will reimburse the Teams for annual
capital expenses greater than $250,000; (iv) provides the Teams an option to
terminate; and (v) requires the Teams in
the event of early termination to reimburse the County certain expenses through
the effective date of the early termination.
The Teams’ Option to Terminate is conditioned upon the Teams providing
evidence satisfactory that the Teams’ exercise of its option is solely the
result of a decline in the physical presence of Major League and/or Minor
League baseball teams’ spring training activities in Florida. The Teams must provide notice of exercise of
its Option to Terminate no earlier than April 30, 2015, and no later than April
30, 2017, provided however, such termination will not be effective prior to
April 30, 2017. If the Restated
Agreement is terminated prior to December 1, 2016, or if the Teams’ exercise
its Option to Terminate, the Teams must reimburse the County the entire value
of the County’s expenditures towards the Teams’ assets that were funded through
the R/R Program and the depreciated value of the County’s assets that were
funded through the R/R Program, prior to the Teams’ being relieved of all
obligations accruing subsequent to the termination of the Restated
Agreement. Other than the changes set
forth herein and a few other minor changes, this Restated Agreement also: (i)
incorporates the terms of both the First Amendment and Second Amendment to the
Use Agreement; (ii) removes the terms which have been previously satisfied; and
(iii) provides the County with unlimited use of the Stadium subject only to
scheduling and an event specific use agreement.
FDO Staff presented the Restated Agreement to the Tourist Development
Council on May 13, 2010, and obtained its support of this item. The County received an opinion of bond
counsel indicating that the terms of the Restated Agreement are in compliance
with the private activity rules of the bonds used to finance the construction
of the Roger Dean Stadium. (FDO Admin) Countywide
(JM)
2. Staff recommends
motion to:
A) approve a Donation Agreement with the Boys and
Girls Clubs of Palm Beach County, Inc. to donate approximately 11.8 acres to
the Boys and Girls Clubs for development of a new club facility; and
B) adopt a Resolution authorizing the
conveyance of the property to the Boys and Girls Clubs of Palm Beach County,
Inc.
SUMMARY: On May 6, 2008, the Board
conceptually approved the donation of a portion of the County’s Haverhill
Linear Park property to the Boys and Girls Clubs. The Boys and Girls Clubs has obtained all
development approvals for its facility, the Plat of the property is being
submitted as a companion item, and approval of this Agreement will finalize
this transaction. Construction of the
new facility is projected to commence in August. This property was appraised in
April of 2009 for an average value of $460,000. The property will be subject to
a restriction limiting use of the property to construction and operation of a
Boys and Girls Clubs clubhouse and a reverter in the event the Boys and Girls
Clubs fails to construct the facility within three (3) years or uses the property
for any other purpose. (PREM) District
6 (HJF)
JUNE 8, 2010
6. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: the Boys and Girls Club - Haverhill plat. SUMMARY: The County acquired title to a
24 acre parcel of property, commonly known as Haverhill Linear Park, from the
Town of Haverhill in May 2007. It is a
210' wide strip extending from Belvedere Road to Southern Boulevard. In May 2008, the Board directed Staff to move
forward with a request by the Boys & Girls Clubs of Palm Beach County, Inc.
for the County to donate a portion of the Linear Park property for the Boys &
Girls Clubs to construct a new club facility.
The Donation Agreement is being submitted for approval as a companion
item. The Boys & Girls Clubs has received all zoning and site plan
approvals for its new facility, and approval of this Plat is the final step to
enable the County to convey the property.
The Plat encompasses all of the County property lying north of the canal
totaling approximately 13 acres. The
Plat dedicates approximately .36 acres for right-of-way for future widening of
Belvedere Road and .91 acres for Drexel Road.
The County is signing the Plat as the property owner. (PREM)
District 6 (HJF)
4. Staff recommends
motion to approve: a Third Amendment to Lease Agreement with Shiraz,
Inc. (Shiraz) (R92-471) for operation of the Airport Center Hilton Hotel. SUMMARY: The County leases the land underlying the
Airport Center Hilton Hotel to Shiraz.
On December 15, 2009, the Board approved Shiraz’s request that it be
provided an 18 month extension of the time-frame in which to complete an
expansion of the Hotel’s meeting room facilities. This Third Amendment extends the deadline for
completing the expansion of the Hotel’s meeting room facilities until June 13,
2011. This Amendment also allows Shiraz
to delay construction of 36 additional parking spaces required in connection
with the expansion until such time as the County starts the renovation of
Office Building 2. (PREM) Countywide
(HJF)
JUNE 8, 2010
6. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to:
A) approve an internal
Memorandum of Understanding (MOU) for Property Exchange between the Department
of Airports (DOA) and Facilities
Development and Operations Department (FDO)
providing for the exchange of approximately 16.92 acres of FDO property
improved with the Airport Center Hilton Hotel, located at the northeast corner
of Australian Avenue at Southern Boulevard (Hotel Property), in exchange for
approximately 15.829 acres of unimproved DOA property located at the northwest
corner of Congress Avenue at Gun Club Road (Gun Club Property);
B) adopt a Resolution
determining that the Gun Club Property is not necessary for airport purposes
and that the disposition of the Gun Club Property shall not impair the
operating efficiency of the airport system or reduce the revenue producing
capability of the County’s Airport System; and
C) authorize the County
Administrator or his designee (the DOA Director) to execute any necessary
documentation for the release of the Gun Club Property from deed restrictions
and Airport Improvement Program (AIP) Grant Assurances with the Federal
Aviation Administration.
SUMMARY: The MOU provides
for the value-for-value exchange of the Gun Club Property for the Hotel
Property. The Hotel Property is improved
with a hotel building and ancillary improvements and is operated as the Airport
Hilton. The Hotel Property is subject to
a Lease Agreement for
Hotel Complex (R92-471), as amended (Lease).
The Hotel Property is located within the flight path of the Palm Beach
International Airport (PBIA). Management
of the Lease by DOA will provide DOA with a long-term revenue stream and enable
DOA to ensure that future development of the Hotel Property is consistent with
the safe and efficient operation of PBIA.
The Gun Club Property is located across the street from the Main Jail/PBSO
Administrative Complex and is the optimum location for development of
facilities to support PBSO operations.
Staff recommends that the Gun Club Property be used for development of
an Evidence and Impound Facility for PBSO, as it is one (1) of only two (2) properties
meeting the operational requirement to be in close proximity to the PBSO
Administrative Complex. The MOU is contingent on approval by the Federal
Aviation Administration (FAA) and obtaining a Deed of Release from the United
States of America, releasing reservations and restrictions on the Gun
Club Property set forth in the deed to the County. The Resolution is required for purposes of documenting that the Gun
Club Property has been released from the Airport System Revenue Bond Resolution
(R84-427) requirements. Countywide
(HJF/AH)
JUNE 8, 2010
6. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends
motion to:
A) adopt a Resolution authorizing the
conveyance of a five (5) acre parcel of land adjacent to Boca Rio Road to the
City of Boca Raton for construction and operation of an animal shelter and pet
cemetery;
B) approve a County Deed conveying the five (5) acre
parcel to the City of Boca Raton, with reservation of mineral and petroleum
rights, but without rights of entry and exploration;
C) adopt a Resolution authorizing the
conveyance of 13.76 acres adjacent to Boca Rio Road to The Haven, Inc., (Haven)
for construction and operation of facilities for a staffed residential
behavioral health and educational program for at-risk children;
D) approve a County Deed conveying the
13.76-acre parcel to The Haven, Inc. with reservation of mineral and petroleum
rights, but without rights of entry and exploration; and
E) approve a Termination of Lease with the Tri-County Humane Society
(R2005-1083).
SUMMARY: The County currently owns
approximately 19 acres on the west side of Boca Rio Road between Glades and
Palmetto Roads. The City of Boca Raton
owns an adjacent 9.34 acres. Since the
early 1980s, the County has leased 4.91 acres of the property to the Haven for
vocational training and a therapeutic residence for children (R81-1313). The
County leased the other 13.85 acres to the Tri-County Humane Society for a
passive park and bird sanctuary (R82-20; R2005-1083). Rent under both leases is
$1/yr. The City also leases its 9.34
acres to the Humane Society for operation of the Lullis M. Ritter Animal
Shelter. There is 70 years remaining on
the Humane Society lease and 21 years on the Haven lease. The Haven needs a portion of the land
currently leased to the Humane Society for expansion of the Haven’s
facility. The Humane Society needs to
expand the uses allowed under the Lease to allow expansion of the animal
shelter. The Haven and the Humane
Society have agreed upon a division of the land in a manner which will
accomplish both of their objectives.
Staff recommends that the County convey five (5) acres to the City who
will in turn lease it to the Humane Society. Staff also recommends that the
County convey to the Haven the existing 4.91 acres under Lease plus an
additional 8.85 acres, for a total of 13.76 acres. Conveying the land, rather
than remaining under lease, will overcome numerous Unified Land Development
Code limitations upon further development of the property across parcel lines
with separate ownership. The Deeds
restrict the use of the property to the specified purposes and contain
reverters. Termination of the Humane Society lease will allow for the
conveyances. The property is assessed at
$150,000/acre. Using the assessed value, the value of land being conveyed to
the City and the Haven is $750,000 and $2,064,000 respectively, for a total of
$2,814,000. The assessed value does not account for the fact that this property
is subject to long-term leases and also does not reflect the physical condition
of the property. A substantial portion
of the property is heavily vegetative and low, being previously mined for shell
rock. A supermajority vote is required
for approval of this item. (PREM) District 5 (HJF)
JUNE 8, 2010
6. REGULAR
AGENDA
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A)
approve on
preliminary reading and advertise for Public Hearing on June 29, 2010, at 9:30
a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending the Palm Beach County Unified Land Development Code, Ordinance
2003-67, as amended, by amending Article 13, concerning countywide impact fee
amounts and regulations, as follows: amending
Chapter A - General; Chapter B - County District, Regional, and Beach
Parks Impact Fee; Chapter C - Fire-Rescue Impact Fee; Chapter D - Library
Impact Fee; Chapter E - Law Enforcement Impact Fee; Chapter F - Public Buildings Impact Fee; Chapter G -
School Impact Fee; Chapter H - Road Impact Fee; providing for repeal of laws in
conflict; providing for severability; providing for inclusion in the Unified
Land Development Code; providing for an effective date; and
B)
receive and file the Impact Fee Review Committee
report to the Board of County Commissioners (BCC).
SUMMARY: Under Article 13.A.5.F of the ULDC, the Impact Fee Manager is required to undertake a study of the Impact Fee system every two (2) years and recommend to the Board of County Commissioners whether any changes should be made to the fee schedules to reflect changes in the factors that affect the fee schedules. Dr. James Nicholas, impact fee consultant, has completed the study and prepared a final report. This agenda item authorizes advertisement of the Public Hearing on impact fees and provides for receiving the Impact Fee Review Committee’s report to the Board of County Commissioners (BCC), as required by Ordinance. Staff and the Impact Fee Review Committee recommend no fee increases at this time.
Updating the Ordinance now without increasing fees allows for the following:
1. Compliance with State legislation requiring impact fees be based on the most recent localized data.
2. Incorporates the latest factors, population figures, parameters, facility costs, etc., into Article 13.
3. Structures the Ordinance so that future fee increases may be considered based on the latest information.
If the BCC agrees with staff’s
recommendation, the fees would be calculated in accordance with the
consultant’s report and then discounted back to the existing fee schedule
amounts. Countywide (LB)
JUNE 8, 2010
6. REGULAR
AGENDA
F. PALM TRAN
1. Staff requests
Board direction: regarding Palm
Tran’s participation and providing partial funding for the Lake Region Commuter
Route that provides service between Belle Glade and Clewiston. Summary: The Lake Region Commuter Route (formerly the
Belle Glade Clewiston Shuttle) currently operates one (1) bus on a seven (7)
day a week basis providing ten (10) hours of service on weekdays and nine (9)
hours of service on Saturday and Sunday. The service is being operated by Good
Wheels, a non-profit provider, through a funding plan with the Florida
Department of Transportation, District 1, the Florida Heartland Economic
Development Initiative (FHREDI) and the Lake Okeechobee Regional Initiative. Palm Beach County is being asked to
provide $42,000 annually for the next three (3) years to support and maintain
the operation of one (1) bus, and ideally would like an additional $42,000 (a
total of $84,000 annually) to enable this service to operate two (2) buses in
service. Commissioner Koons as part of
his comments at the May 4, 2010 Board of County Commissioner’s meeting,
recommended that the County provide this service with $20,000 in funding for
the remainder of this fiscal year. Staff
was directed at that time to bring this back for further Board discussion and possible
action. The Palm Tran Service Board
(PSTB) discussed this at its May meeting, and recommends that the County
provide $42,000 in funding for at least the next year. The members of the PTSB were very concerned
about making this recommendation in light of anticipated Palm Tran fare
increases and other changes as part of the proposed FY2011 budget, but felt
that the Lake Region Commuter Route provides an important service to the people
in the Glades area. District 6 (DR)
JUNE 8, 2010
6. REGULAR
AGENDA
G. Water Utilities
1. Staff
recommends motion to approve:
A) Master Agreement for
Energy Performance Contracting with FPL Services, LLC in accordance with
Florida Statute §1013.23;
B) delegation of authority
for Energy Performance Contracting using the limits established in Countywide
PPM CW-F-50; and
C)
authorization
of Investment-Grade Energy Audit No. 1 for the Digester Biogas Renewable Energy
Project at Southern Region Water Reclamation Facility (SRWRF) in the amount of
$113,410.
SUMMARY: Energy Performance Contracting is a contractual vehicle similar to design build construction with an added performance guarantee that the savings produced by a project will be sufficient to finance the full cost of the project. These services begin with an investment-grade technical energy audit, the cost of which is deferred into the later performance contract phase. Energy performance contracting may be funded by grants, capital dollars or through tax-exempt lease financing with the annual lease payments being covered by the guaranteed savings. If the savings are not realized following completion of the improvements, then FPL Services, LLC will contractually be required to pay for the difference. Energy Performance Contracting may be used at the SRWRF, other Water Utilities sites and other County designated facilities. Investment Grade Audit No. 1 for the biogas at the SRWRF is to convert the existing wasted methane flare into generated electricity to be used on-site. Investment Grade Audits, similar to Consultant Service Authorizations and Energy Performance Contracting Work Authorizations will be negotiated and issued in accordance with the standard County procedures outlined in Countywide PPM No. CW-F-050. Delegation of Authority for approval of Work Authorization shall be granted to the Department Director and Contract Review Committee using the limits established in Countywide PPM CW-F-50. Investment-Grade Energy Audit No. 1 for the Digester Biogas Combined Heat and Power (CHP) Renewable Energy Project at Southern Region Water Reclamation Facility (SRWRF) is in the amount of $113,410. The Contract has a term of two (2) years subject to annual performance reviews. FPL Services is a local firm and has agreed to meet or exceed a 17% SBE and M/WBE combined participation goal. (WUD 09-030) Countywide (MJ)
H. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: a Reimbursement of $285,000 to District Hospital
Holdings, Inc., for the purchase of a mammography machine pursuant to Palm
Beach County’s Action Plan for Fiscal Year 2009-2010. SUMMARY:
On July 21, 2009, the Board of
County Commissioners (County) approved Palm Beach County’s Action Plan for
Fiscal Year 2009-2010 (R2008-1209) which included an allocation of $285,000 for
District Hospital Holdings, Inc. (District), for the purchase of a mammography
machine for the Lakeside Medical Center in Belle Glade. The District purchased the machine before
October 1, 2009, the beginning of Fiscal Year 2009-2010, and before a
subrecipient agreement was executed with the County. In consideration of the County’s funding of
the equipment, the District has agreed to reimburse the County for the funded
amount should at a later date a determination be made by the U.S. Department of
Housing and Urban Development that the amount funded did not comply with grant
regulations. Staff accordingly
recommends this reimbursement. These are
Federal Community Development Block Grant funds that require no local match.
District 6 (TKF)
* * * * * * * * * * * *
JUNE 8, 2010
7. BOARD
APPOINTMENTS
A. COUNTY ADMINISTRATION
(Health Facilities Authority)
1. Staff recommends
motion to approve: reappointment of the following individual to the
Palm Beach County Health Facilities Authority (Authority) for a term of four
(4) years, effective May 1, 2010, to April 30, 2014:
Nominee Seat No. Seat
Requirement Nominated by:
Dr. Gerald Robinson 1 Palm Beach County Resident Comm. Marcus
Comm.
Koons
Comm.
Abrams
Comm.
Aaronson
Comm.
Santamaria
Comm. Taylor
SUMMARY: Chapter 154.207, Florida Statutes, allows for the creation
of a Health Facilities Authority, and
in 1977, the Board of County Commissioners adopted Resolution R77-379, creating
the Authority. The Authority is comprised of five (5) at-large residents of
Palm Beach County. Dr. Robinson has
served on the Authority since April 2006.
He is eligible to serve another four (4) year term and has expressed a
desire to be reappointed. A memo was distributed to the Board of County
Commissioners on May 10, 2010 requesting nominations. No other nominations were
received. Countywide (TKF)
B. WATER UTILITIES
(Water Utilities Advisory Board)
1. Staff recommends
motion to approve: the reappointment of two (2) at-large members to the Water Utilities Advisory Board for
a term of three (3) years effective June 8, 2010, through June 7, 2013:
Nominee:
Requirements: Seat No. Nominated by:
Edwin
Wechsler Current WUD Customer 8 Commissioner Marcus
Resides in PBC Commissioner
Koons
Commissioner
Aaronson
Lawrence
Gold Current WUD Customer
9 Commissioner
Marcus
Resides in PBC Commissioner
Koons
Commissioner
Aaronson
SUMMARY: On
May 1, 2010, Edwin Wechsler and Lawrence Gold’s terms will expire as at-large
members of the Water Utilities Advisory Board (WUAB). Mr. Gold’s has served on the WUAB for eight
(8) years. His contributions to the Water Utilities Department and the County
have been invaluable. Mr. Wechsler has served on the WUAB since November 2008,
and his contributions have also been exemplary. Both individuals have indicated
a desire to continue as WUAB members, and the Advisory Board unanimously
supports their reappointment. Chairman of the WUDAB, along with Department staff,
recommends the reappointment of Edwin Wechsler and Lawrence Gold due to their
outstanding service to date. The
Commissioners were notified of the vacancies by the Water Utilities Department
on May 7, 2010. Countywide (MJ)
* * * * * * * * * * * *
JUNE 8, 2010
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JUNE 8, 2010
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 8, 2010
10. 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
Request approval to present off-site, a Proclamation declaring June 23,
2010 as “Turner School of Construction Management Day” in Palm Beach County.
11. 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."