ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 29, 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 - 31)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 32)
5. REGULAR
AGENDA (Pages 33 -
36)
6. BOARD
APPOINTMENTS (Pages 37 - 40)
7. STAFF
COMMENTS (Page 41)
8. COMMISSIONER
COMMENTS (Page 42)
9. ADJOURNMENT (Page 42)
* * * * * * * * * * *
JUNE 29, 2010
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolution
from Discover Palm Beach County requesting new office space
3A-2 Reappointment
of Sam Shannon to Planning Commission as District 2 representative
3A-3 Resolution
urging Governor to convene a Summit for preservation of Florida’s shores
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Change
Order No. 5 with American Engineering & Development Corp. regarding Lyons
Road
3C-2 Resolution
declaring County-owned land as right-of-way for Belvedere Road
3C-3 Deleted
3C-4 Renewal of Traffic Signal Design Services
annual agreements with Arcadis U.S., Inc. and Progressive Design &
Engineering, Inc.
3C-5 Joint Participation & Project Funding
Agreement with City of Atlantis for utility adjustments on Congress Avenue
3C-6 Contract
with Shoreline Foundation, Inc. for construction of George Bush Blvd. bridge
Page 9
3C-7 Resolution
vacating a portion of utility easement within Tract C, The Polo Club Shops
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 9
3E-1 Project Application with FL Dept. of
Education & MOU with Workforce Alliance for Farmworker Jobs & Education
Program
3E-2 Deleted
Page 10
3E-3 Grant award from Dept. of Health & Human
Services; Waiver; and Contracts for the Ryan White Part A Treatment Extension
Act funds
Page 11
3E-4 Deleted
3E-5 MOU with Dept. of Children and Families
Adult Protective Services for services to elderly person at risk of abuse,
neglect and exploitation
3E-6 Contract with Health Department for Ryan
White Part A Treatment Extension Act funds
3E-7 DOSS Volunteer Stipend Program to provide
volunteers for in-home and in-facility respite services
F. AIRPORTS
Page 11
3F-1 First Amendment to Air Cargo Building Lease
and Operating Agreement with UPS
Page 12
3F-2 Exchange of property between Airports and
Parks & Recreation Departments
3F-3 JPA
with FDOT for Westside Hangar Development at Palm Beach County Park Airport
3F-4 JPA
with FDOT to construct aprons, taxi lanes and infrastructure at North Palm
Beach County General Aviation Airport
3F-5 Joint Participation Agreement with FDOT for
parking garage rehabilitation at PBIA
Page 13
3F-6 Joint Participation Agreement with FDOT for
Taxiway Exit construction at PBIA
3F-7 JPA with FDOT for Taxiway M rehabilitation
at North PBC General Aviation Airport
3F-8 Joint Participation Agreement with FDOT for
Air Cargo Apron expansion/rehab at PBIA
3F-9 Joint Participation Agreement for security
enhancements at PBIA
3F-10 Receive and file two (2) original Agreements
for Airports
JUNE 29, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 14
3F-11 Settlement Agreement with AFCO Constructors,
Inc. regarding construction of three (3) gates on Concourse C at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 Amendment
No. 2 with The BG Group, LLC renewing annual demolition contract
Page 15
3H-2 Contract with Southeast Drilling Services for
an irrigation recharge well at Osprey Point Golf Course
3H-3 Amendment
No. 5 with The Weitz Company for construction management services
3H-4 Amendment No. 3 with Gartek Engineering Corp
for mechanical electrical plumbing engineering services
3H-5 Amendment No. 3 with BRPH Architects-Engineers,
Inc. for mechanical electrical plumbing engineering services
Page 16
3H-6 Modification No. 2 with FL Division of
Emergency Management regarding hazard mitigation grant funds
3H-7 Deleted
3H-8 Third option to extend ATM Operating License
Agreements at various governmental center locations with Palm Beach County
Credit Union
Page 17
3H-9 Task
Order No. 2 with AT&T Corp. regarding Video Visitation System
3H-10 Utility
easements regarding DuBois Park
3H-11 Utility
Easement Agreement in favor of FPL regarding Southwinds Golf Course clubhouse
Page 18
3H-12 Declaration of Easement in favor of PBC Water Utilities for water
main service to PBSO Training Facility
I. HOUSING & COMMUNITY DEVELOPMENT
Page 18
3I-1 Amendment No. 2 with Habitat for Humanity
of Palm Beach County regarding parcel of County-owned land for construction of
27 single family affordable housing units
3I-2 Budget
Amendment for Disaster Recovery Initiative funding
Page 19
3I-3 Agreement
with Village of Wellington for Neighborhood Stabilization Program funds
3I-4 Agreement
with Boca Raton Housing Authority for hurricane hardening at Banyan Place
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 20
3K-1 Voluntary one-time Special Assessment fee
from Florida Water Environment Association Utility Council
3K-2 Contract with John J. Kirlin, LLC to
construct Water Treatment Plan No. 2 Miex Treatment System
Page 21
3K-3 Amendment No. 1 with Aquifer Maintenance
& Performance Systems for rehabilitation of surficial aquifer wells
3K-4 Change Order No. 3 with Poole & Kent
Company for Lake Region Wellfield improvement project
Page 22
3K-5 Potable Water & Wastewater Development
Agreement with Hippocrates Health Institute of Florida and Rita J. Romano
3K-6 Supplement No. 2 to CSA with Carollo
Engineers related to Water Treatment Plant No. 2
JUNE 29, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 22
3L-1 Deleted
3L-2 Utility
Easement Agreement in favor of FPL related to hydrological restoration of
Winding Waters Natural Area
Page 23
3L-3 Revised Management Plan for Jupiter Ridge
Natural Area
3L-4 Termination Agreement and Release of Bond
Page 24
3L-5 Contract with Murray Logan Construction
regarding Juno Dunes Natural Area
3L-6 Permit and License from City of West Palm
Beach for South Cove Ramp
M. PARKS & RECREATION
Page 24
3M-1 Request for Funding Form for School Board RAP
for Suncoast Community High band competition trip
Page 25
3M-2 Extensions to Concessionaire Service Agreement
with Vending Americas and Sunshine Beverage and Snack to provide vending
machine services
3M-3 Budget Transfers to West Delray/Boynton
District Park
Page 26
3M-4 Receive and file independent contractor
agreements
3M-5 FL Dept. of Environmental Protection
Land/Water Conservation Fund Project Agreement for John Prince Memorial Park
Campground
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE
Page 27
3P-1 Landscape
Maintenance Agreement with FDOT regarding SR 809 landscape improvements
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 27
3S-1 2010
Assistance to Firefighters Grant Application to U.S. Dept. of Homeland Security
Page 28
3S-2 First Amendment with Hope Health and
Wellness, Inc. to provide fire department physician and related services
3S-3 Write-off
of uncollectible emergency transport patient accounts
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 29
3X-1 Contract
with 211 Palm Beach/Treasure Coast to answer Rape Crisis Hotline
3X-2 Contract
with Intrado/Positron regarding Next Generation 911 phone system
Y. PURCHASING - None
JUNE 29, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 30
3AA-1 Florida Commission for the Transportation
Disadvantaged Trip & Equipment Grant
BB. SHERIFF
Page 30
3BB-1 Grant Adjustment Notice amending FDLE Office of
Criminal Justice grant relative to the EOD Regional Team Enhanced Capability
project
Page 31
3BB-2 Memorandum of Agreement amending FY 2006 Urban Area Security
Initiative Grant program
CC.
SUPERVISOR OF ELECTIONS
Page 31
3CC-1 Precinct boundary changes
DD.
HOUSING FINANCE AUTHORITY
Page 31
3DD-1 Nomination of Bob Newmark as Chairperson for the Housing
Finance Authority
PUBLIC HEARINGS – 9:30 A.M.
Page 32
4A Resolution abandoning a portion of South
Grace Drive
4B Unified Land Development Code Ordinance
(Impact Fees)
REGULAR AGENDA
ADMINISTRATION
Page 33
5A-1 Removal
of advisory board members for non-compliance with new Code of Ethics training
COUNTY
ATTORNEY
Page 33
5B-1 $55,000,000
Housing Finance Authority Homeowner Revenue Bonds
5B-2 $9,000,000
Housing Finance Authority multifamily housing revenue debt obligations
Page 34
5B-3 Ethics
Charter Amendment Ordinance
COMMUNITY
SERVICES
Page 34
5C-1 Adult day care dementia-specific unit at
Mid-County Senior Center
5C-2 Ryan
White amendments delegation of signatory authority
HOUSING
& COMMUNITY DEVELOPMENT
Page 35
5D-1 Neighborhood
Stabilization Program assistance for Babatunde Atoki
5D-2 Neighborhood
Stabilization Program assistance for Dexter Christopher Samuel
Page 36
5D-3 Agreement for Purchase and Sale with Hand
Surgery Institute, Inc. regarding homeless resource center
PUBLIC
SAFETY
Page 36
5E-1 Palm
Beach County’s Deepwater Horizon Task Force Oil Spill Contingency Plan
JUNE 29, 2010
TABLE OF CONTENTS CONTINUED
BOARD
APPOINTMENTS (Pages 37 - 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution of the Board of Directors of Discover Palm Beach County, Inc. (CVB) requesting that a search for new office space in downtown West Palm Beach be commenced immediately by CVB subject to County approval or, alternatively, that the County promptly seek new office space in downtown West Palm Beach, so that CVB can move upon expiration of the current lease.
2. Staff recommends
motion to approve: the reappointment
of Mr. Sam A. Shannon to the Planning Commission as the District 2
representative, for the term June 9, 2010, to June 5, 2013. SUMMARY: The Planning Commission was
created by Ordinance 2008-003 and replaced the Land Use Advisory Board. The Planning Commission consists of 16
members; 15 BCC appointed members; one (1) of which is appointed at-large by a
majority vote of the BCC, and one (1) School District representative. Commissioner Koons has agreed to reappoint
Mr. Shannon as the District 2 representative on the Planning Commission. Countywide
(RPB)
3. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, urging the Governor of the State of Florida to convene a Summit for the preservation of Florida’s shores and to reaffirm support for a prohibition on Offshore Drilling in Florida. SUMMARY: As of June 16, 2010, an estimated seventy-six millions gallons of oil has poured into the Gulf of Mexico due to the Deepwater Horizon Oil spill disaster. Despite the United States government and British Petroleum efforts to contain and cleanup the spill, Florida is in a precarious position due to its eighteen hundred miles of coastline, including forty-seven miles in Palm Beach County. Palm Beach County is requesting the Governor of the State of Florida convene a Summit for the preservation of Florida’s shores. The Summit would include leading science and technology experts to explore ideas and methods for coastal protection; ideas for cleanup response from other oil company leaders; and legal experts to advise the State of Florida on the preservation of its rights and rights of its citizens dealing with this environmental disaster. The Resolution also reaffirms Palm Beach County’s position to continue the prohibition of offshore drilling off the coast of Florida. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during April 2010. Countywide
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Change Order No. 5 in the amount of $166,325 and a
32 day time extension to Contract No. R2009-0260 with American Engineering
& Development Corp. for construction of Lyons Road from Glades Road to
Yamato Road. SUMMARY: Approval of
Change Order No. 5 will allow for the construction of a new 12” force main pipe
along Lyons Road from West Kimberly Boulevard to Yamato Road and a 10” ductile
iron pipe force main from West Kimberly Boulevard to New England Boulevard. District 5 (MRE)
2. Staff recommends motion to adopt: a Resolution declaring Palm Beach County (County) owned land as right-of-way for Belvedere Road. SUMMARY: Adoption of this Resolution will allow declaration of County-owned land (Department of Airports) as right-of-way for Belvedere Road. District 2 (PK)
3. DELETED
4. Staff recommends motion to approve: the renewal of the Traffic Signal Design Services Annual Agreements with Arcadis U.S. Inc., whose original Agreement was dated September 9, 2008 (R2008-1414) and Progressive Design & Engineering, Inc., whose original Agreement was dated July 22, 2008 (R2008-1280). SUMMARY: Approval of these Renewal Agreements will extend for one (1) year required professional services on a task order basis. The Renewal Agreement with Arcadis U.S., Inc., will continue for the period of September 9, 2010, through September 8, 2011. The Renewal Agreement with Progressive Design & Engineering, Inc. will continue for the period of July 22, 2010, through July 21, 2011. Arcadis U.S., Inc has an office in Palm Beach County. Progressive Design & Engineering, Inc. is a Palm Beach County Company. Countywide (PK)
5. Staff recommends
motion to approve: a Joint Participation and Project Funding Agreement
(Agreement) with the City of Atlantis (City) in the amount of $11,391.30 for
utility adjustments on Congress Avenue from Lantana Road to South of Melaleuca Lane. SUMMARY: Approval of this Agreement will allow Palm Beach County (County)
and the City to jointly participate in the utility adjustments to the water
distribution, sewage transmission system and other improvements along the
right-of-way. The City agrees to reimburse the County for the cost of these
utility adjustments and other improvements. District 3 (MRE)
6. Staff recommends
motion to approve: a Contract with Shoreline Foundation, Inc.
(Shoreline), the lowest responsive, responsible bidder in the amount of
$1,035,805.24 for the construction of George Bush Boulevard Bridge over
Intracoastal Waterway (Project). SUMMARY: Approval of this Contract will allow Palm
Beach County to issue a Notice to Proceed to Shoreline 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 Shoreline is 16.03%. Time to complete
all work under this contract shall be no more than 150 calendar days. Shoreline is a Broward County Company. District
4 (MRE)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends
motion to adopt: a Resolution vacating a portion of that certain Palm
Beach County Utility Easement lying within Tract C, The Polo Club Shops, as
recorded in Plat Book 59, Pages 41-42 and recorded in Official Record Book
5490, Page 1052, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution
will allow the development to be consistent with the approved site plan. The
petition site is located at the northwest corner of Old Clint Moore Road and
Military Trail. District 5 (PK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to ratify:
A) Project
Application with the Florida Department of Education, for the period July 1,
2010, through June 30, 2011, in an amount not-to-exceed $328,582; and
B) Memorandum of Understanding with Workforce
Alliance, for the Farmworker Jobs & Education Program.
Summary: The Farmworker Jobs & Education Program
(formerly Adult Migrant Program) is funded by the State Department of Education
to provide academic education and vocational training to farm workers and their
dependents. The Grant Year 2010-2011 program provides enrollment and training
services for 132 participants. The emergency signature process was used because
there was not sufficient time to submit through the agenda process and meet the
requested submission deadline of June 11, 2010. These are State funds with no County match.
(Adult Migrant) Countywide (TKF)
2. DELETED
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
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 $1,939,612;
B) approve
a waiver of prohibited relationship pursuant to Ordinance 2009-051, the
Palm Beach County Code of Ethics, for Kimberly Rommel Enright of Palm Beach
County Legal Aid Society, Inc., Hugo Rocchia of Compass, Inc., Rosalyn Collins
of Gratitude House, Inc., Marlinda Jefferson of Minority Development and
Empowerment, Inc., and Thomas McKissack of Oakwood Center of the Palm Beaches,
Inc., who are members of the Palm Beach County HIV Care Council, as well as
Mickale Linton of Palm Beach County Legal Aid Society, Inc. member of Palm
Beach County Head Start Policy Council; and
C) approve contracts with listed
provider agencies for the period March 1, 2010, through February 28, 2011,
totaling $1,498,671 for Ryan White Part A Treatment Extension Act of 2009 HIV Emergency Relief Supplemental funds:
|
A) Compass, Inc. |
$97,029 |
|
B) Comprehensive AIDS Program, Inc. |
$331,587 |
|
C) Comprehensive Community Care Network, Inc. |
$178,729 |
|
D) Legal Aid Society of Palm Beach County, Inc. |
$53,654
|
|
E) Minority Development & Empowerment, Inc. |
$140,000
|
|
F) Oakwood Center of the Palm Beaches, Inc. |
$119,102 |
|
G) Treasure Coast Health Council, Inc. |
$25,614 |
|
H) Gratitude House, Inc. |
$8,963 |
|
I) Palm Beach County Health Department |
$417,246 |
|
J) Health Care District of Palm Beach County |
$126,747 |
|
Total |
$1,498,671 |
Summary: A Notice of Grant Award from the Department of Health and Human
Services Health Resources and Services Administration (HRSA) was received on
April 1, 2010 that conveys an award for Supplemental funds totaling $1,939,612.
The total award includes $193,961 for Grantee Administration and $96,980 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. Prohibited
relationship waivers are being recommended for five (5) individuals named above
who serve as members of the Palm Beach County HIV CARE Council. These
individuals are employed by not-for-profit agencies that are current service
providers and are being recommended for new service provider contracts. The
individuals have disclosed this relationship and are requesting a waiver pursuant
to Section 3.D. of the Code of Ethics.
The waivers are being recommended in recognition of the fact that
federal law and County Resolution R97-1067 require service provider
representation on the HIV CARE Council. A prohibited relationship waiver is
being recommended for one (1) individual who serves as a member of the Palm
Beach County Head Start Policy Council. This individual is employed by a
not-for-profit agency that is a current service provider and is being
recommended for a new service provider contract. The individual has disclosed
this relationship and is requesting a waiver pursuant to Section 3.D. of the
Code of Ethics. The waiver is being recommended in recognition of the fact that
the individual has no influence on or contact with the Palm Beach County HIV
CARE Council and the Ryan White Program. 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 (RFP) process
and have been recommended to receive funding. These are Federal funds and no
County funding is required. (Ryan White) Countywide (TKF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. DELETED
5. Staff recommends
motion to approve:
Memorandum of Understanding (MOU) for the Department of Children and
Families Adult Protective Services (APS) referrals with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc. (AAA) and the Department of Children
and Families (DCF) for the period beginning June 29, 2010, with no expiration date. Summary: This MOU with the AAA and DCF will enable the
Division of Senior Services (DOSS) to coordinate services for high risk elderly
persons at risk of abuse, neglect and exploitation referred by DCF Protective
Investigators. These services allow the elderly to remain in the least
restrictive setting and avoid or delay premature nursing home placement. No
County funds are required. In area south of Hypoluxo
Road, the Mae Volen Senior Center, Inc. provides APS services from AAA. (DOSS)
Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo
Road (TKF)
6. Staff recommends
motion to approve: Contract with Palm Beach County Health Department
(PBCHD) for the period March 1, 2010, through February 28, 2011, in an amount
of $1,657,000 for Ryan White Part A Treatment Extension Act of 2009 HIV Emergency Relief Formula funds. Summary: The PBCHD will provide
medical services related to HIV affected clients, such as primary outpatient
medical care, treatment adherence, nurse care coordination, laboratory, and
oral health care. Funding is provided through the Department of Health and
Human Services Health Resources and Services Administration (HRSA). No County
funding is required. (Ryan White) Countywide (TKF)
7. Staff recommends
motion to approve: the
Division of Senior Services (DOSS) Palm Beach County Volunteer Stipend Program
(PBC VSP) effective June 15, 2010, to provide volunteers for in-home respite and
in-facility respite services. Summary:
The purpose of this new program is to recruit, train, and place volunteers,
age 60 and older, for in-home respite and in-facility
respite services to frail seniors and their caregivers. This is a 50% County
funded and a 50% Older Americans Act Title 3B and 3E funded program, totaling
approximately $46,800 for FY 2010 and approximately $93,600 every year
thereafter. This is a cost effective approach to provide in-home respite and in-facility
respite services by utilizing approximately 12
volunteers for approximately 30 hours per week at a reimbursement rate of $5 per
hour for frail elders who would otherwise be placed on a waitlist. DOSS will
provide the overall supervision of the volunteers. (DOSS) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve:
First Amendment to Air Cargo Building Lease and Operating Agreement (First
Amendment) with United Parcel Service Co. (UPS) for the lease of 13,800 square
feet of paved ground area at the Palm Beach International Airport (PBIA) for
ground equipment storage, in the amount of $8,970 per year. SUMMARY: On November 3, 2009,
the Board approved the Air Cargo Building Lease and Operating Agreement
(Agreement) (R2009-1875) with UPS for the lease of cargo space to UPS for
office administration, shipping, receiving and sorting of parcels, freight and
cargo. At that time, an expansion to the air cargo apron area was being
constructed, which was to include an area for outside storage of ground support
equipment (GSE). The Agreement contemplated a future amendment to provide
for lease of a portion of the new apron area for storage of UPS’ GSE. In
addition to leasing apron area for storage of GSE, the First Amendment updates
several provisions of the Agreement including the elimination of obsolete terms
and the replacement of exhibits to accurately reflect the apron area upon
completion of the new air cargo apron area. Countywide (HJF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to:
A) approve a Declaration of
Easement and Restrictive Covenants (Declaration) on approximately 6.05 acres of
unimproved property at the Palm Beach County Park (Lantana) Airport (Lantana
Parcel) and approximately 2.57 acres of property at the Palm Beach County
Glades (Pahokee) Airport improved with a maintenance building (Pahokee Parcel)
(collectively, the Parcels);
B) approve an Access Easement
(Easement) on approximately 0.34 acres at the intersection of Congress Avenue
and John F. Kennedy Drive; and
C) receive and file a Release of Grant
Obligations for Federally Obligated Land (Release), releasing the Parcels from
federal obligations.
SUMMARY: On January 12, 2010, the Board approved an
internal Memorandum of Understanding (MOU) for Property Exchange between the
Department of Airports (DOA) and Parks & Recreation Department (Parks)
(R2010-0056) providing for the exchange of the Parcels by DOA to Parks, for the
Easement and approximately 7.48 acres of vacant Park property along the west
side of the Lantana Airport. The MOU was contingent on approval by the
Federal Aviation Administration (FAA), granting the release of the County’s
federal grant obligations. On January 12, 2010 (Agenda Item 3F2), the
Board authorized the DOA Director to execute the Release. The MOU
included a form Declaration attached as Exhibit “C” to the MOU. The FAA
required additional language to be added to the Declaration acknowledging that
a portion of the Lantana Parcel falls within the Lantana Airport Runway
Protection Zone (RPZ), and that use of the Lantana Parcel located within the
RPZ must be in compliance with FAA Advisory Circular 150/5300, “Airport
Design”, and that no structures, equipment or improvements of any kind shall be
permitted to be placed within any portion of the Lantana Parcel located within
the RPZ. The Easement was attached as Exhibit “D” to the MOU, and will
provide DOA access to the property DOA is receiving from Parks. Countywide (AH)
3. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $1,500,000 for the
Westside Hangar Development Phase I at Palm Beach County Park Airport. SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $1,500,000 or 80.00% of the eligible project costs, whichever is
less. Countywide (AH)
4. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $1,500,000 to construct aprons,
taxi lanes and infrastructure at North Palm Beach County General Aviation
Airport. SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $1,500,000 or 80.00% of the eligible project costs, whichever is
less. Countywide (AH)
5. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $1,000,000 for the Parking
Garage Rehabilitation at Palm Beach International Airport. SUMMARY: The FDOT has issued a JPA reflecting their
commitment of funding to the above referenced project in the amount of
$1,000,000 or 50.00% of the eligible project costs, whichever is less. Countywide (AH)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $1,750,000 to construct
Taxiway Exit C4 and shoulders at Palm Beach International Airport. SUMMARY: The
FDOT has issued a JPA reflecting their commitment of funding to the above
referenced project in the amount of $1,750,000 or 50.00% of the eligible
project costs, whichever is less. Countywide (AH)
7. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $55,000 to rehabilitate
Taxiway M at North Palm Beach County General Aviation Airport. SUMMARY: The
FDOT has issued a JPA reflecting their commitment of funding to the above
referenced project in the amount of $55,000 or 80.00% of the eligible project
costs, whichever is less. Countywide (AH)
8. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $2,256,000 for the Air
Cargo Apron expansion and rehab at Palm Beach International Airport. SUMMARY: The FDOT has issued a JPA reflecting their commitment of
funding to the above referenced project in the amount of $2,256,000 or 50.00%
of the eligible project costs, whichever is less. Countywide (AH)
9. Staff recommends
motion to adopt: a Resolution
approving a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) in the amount
of $5,000,000 for security enhancements/improvements at Palm Beach
International Airport. SUMMARY: The
FDOT has issued a JPA reflecting their commitment of funding to the above
referenced project in the amount of $5,000,000 or 100.00% of the eligible
project costs. Countywide (AH)
10. Staff recommends
motion to receive and file: two (2) original
Agreements for the Department of Airports:
A)
License Agreement with
Centerport, Inc. for use of Unit 1310-A of 1300 Cargo Building, commencing June
1, 2010, expiring June 30, 2010, automatically renewed on monthly basis; and
B)
Consent to Assignment
Sublease for a Sublease Agreement for Galaxy Aviation of Palm Beach, Inc. with
FPL Group, Inc. and Florida Power & Light Company.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R1994-1453 and
R2007-2070. Countywide (AH)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
11. Staff recommends
motion to approve:
A) a Settlement Agreement with AFCO Constructors,
Inc. to settle Case No. 50-2008-CA-020624-MB filed in the Circuit Court of the
15th Judicial Circuit authorizing the release of retainage in the
amount of $1,678,288; and
B) a Mutual Release with Post, Buckley, Schuh &
Jernigan, Inc. (PBS&J).
SUMMARY: On February 28, 2006, Palm Beach County
contracted with AFCO Constructors, Inc. in the amount of $17,433,942 to
construct three (3) gates on Concourse C at Palm Beach International Airport
(R2006-0338). On March 11, 2008, Palm
Beach County declared AFCO Constructors, Inc. in default of its contract to
construct the gates for failure to perform work in accordance with the contract
and authorized the County Administrator to terminate AFCO Constructors, Inc.’s
right to complete the work under the contract (R2008-0467), if subsequent
negotiations did not result in an agreement that would result in successful
completion of the project. On July 14,
2008, AFCO’s right to complete the project was terminated. In response to the termination, AFCO
Constructors, Inc. filed suit against Palm Beach County in the Circuit Court of
the 15th Judicial Circuit claiming that Palm Beach County had
wrongfully terminated AFCO Constructors, Inc. and that they were entitled to
damages. The County filed its own claims in response asserting its right to
damages. On June 10th and 11th, 2010, the parties to the
suit conducted mediation, which resulted in the settlement of all claims
arising out of the contract to construct three (3) additional gates on
Concourse C and any and all other claims of whatever nature by AFCO
Constructors, Inc. against Palm Beach County.
As a provision of the Settlement Agreement, Palm Beach County agreed to
pay AFCO Constructors, Inc. $1,678,288 which is the amount Palm Beach County
held in contract retainage at the time of contract termination. The mediation also resolved disputes between
the County and its consultant PBS&J regarding the services rendered by PBS&J
on the project. The settlement allowed the Department of Airports to withhold a
portion of the fees that PBS&J was claiming for work on the project in
exchange for a Mutual Release. Countywide (JCM)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 2 to Contract with The BG Group,
LLC (R2008-1055) to implement the second renewal of the annual Demolition
contract with a maximum value of $500,000. SUMMARY: Amendment No. 2 is a
renewal to the Annual Contract - Demolition which was awarded to The BG Group,
LLC. The annual demolition contract is an indefinite-quantity contract and this
renewal has a maximum value of $500,000. The renewal term is for twelve (12)
months or until $500,000 in work orders are issued. Staff is bringing forward
the Amendment at this time based on expiration of the term. All terms of the
original contract remain in effect. This is the second of four extensions
allowed by the Contract. The Small Business Enterprise (SBE) participation goal
for the contract is 15%. The BG Group’s SBE participation for work orders
issued to date is 91%. The BG Group, LLC is a certified SBE contractor. The BG
Group, LLC is a Palm Beach County company. (FD&O Admin) Countywide (JM)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Contract with Southeast Drilling Services, Inc. in
the amount of $410,940 for the construction of the irrigation recharge well at
the South County Regional Park Osprey Point Golf Course. SUMMARY: This contract will provide for construction
of a recharge well, distribution pipe, associated electrical service, and
control systems. The recharge well and
pump will operate by withdrawing water from the well and pumping it into the
lake drainage system in order to replace the water withdrawn by the golf course
and common area irrigation pumps. This recharge measure is required as part of
the South Florida Water Management District Water Use permit re-issued in July,
2009. Budget Transfers were facilitated
at the August 18, 2009 BCC meeting to accommodate the funding for this
project. The Small Business Enterprise goal
for this project is 15%. Southeast
Drilling’s bid includes participation of 31.9%.
The contract time is 90 calendar days to substantial completion. Southeast
Drilling Services, Inc. is a Palm Beach County company. (Capital Improvements Division) District 5 (JM)
3. Staff recommends
motion to approve: Amendment No.
5 to the Contract with The Weitz Company, (R2007-1105) for construction
management services for various capital projects. SUMMARY: The Weitz
Company was selected to provide construction management services associated
with the design and construction of various capital projects which may include
new construction, additions, or renovations from $400,000 to $25,000,000. The
original contract provided for an initial two (2) year term with three (3) -
one (1) year renewal options. Amendment
No. 5 will provide for services during the second renewal period. The Weitz
Company has a Small Business Enterprise (SBE) participation goal of 15%. During the three (3) years of the contract,
The Weitz Company has achieved 19.6% participation. The Weitz Company is a Palm
Beach County company. (Capital Improvements Division) Countywide
(JM)
4. Staff recommends
motion to approve: Amendment No. 3 to the Contract for Mechanical
Electrical Plumbing (MEP) engineering services with Gartek Engineering
Corporation (R2008-1304) for professional consulting services on a continuing
contract basis. SUMMARY: Gartek Engineering Corporation was selected
to provide professional consulting services for annual MEP Services. The original contract provided for an initial
one (1) year term with two (2) – one (1) year renewal options. Amendment No. 3 will provide for services
during the second renewal period. Gartek Engineering Corporation has a Small
Business Enterprise (SBE) participation goal of 100%. During the two (2) years
of the contract, Gartek Engineering Corporation has achieved 100%
participation. Gartek Engineering Corporation is a Palm Beach County
company. (Capital Improvements Division) Countywide (JM)
5. Staff recommends
motion to approve: Amendment No. 3 to the Contract for Mechanical
Electrical Plumbing (MEP) engineering services with BRPH Architects-Engineers,
Inc. (R2008-1305) for professional consulting services on a continuing contract
basis. SUMMARY: BRPH Architects-Engineers, Inc. was selected
to provide professional consulting services for annual MEP services. The
original contract provided for an initial one (1) year term with two (2) - one
(1) year renewal options. Amendment No.
3 will provide for services during the second renewal period. BRPH Architects-Engineers, Inc. has a Small
Business Enterprise (SBE) participation goal of 20%. During the two (2) years
of the contract, BRPH Architects-Engineers, Inc. achieved 25.8% participation. BRPH
Architects-Engineers, Inc. is a Palm Beach County company. (Capital Improvements Division) Countywide
(JM)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Modification
No. 2 to Subgrant Agreement (R2008-0048) with the Florida Division of Emergency
Management (DEM). SUMMARY: Following Hurricane Wilma in 2005, the
United States Department of Homeland Security-Federal Emergency Management
Agency (FEMA) made available Hazard Mitigation Grant Program funds for projects
designed to mitigate the hazards of disaster events relative to critical
governmental facilities. A grant was
approved for the work relating to the purchase and installation of impact
resistant glass on all windows and doors for the Governmental Center, State
Attorney/Public Defender (SA/PD), and Main Courthouse which was subsequently
revised to remove the Governmental Center from the project. The grant contained a completion date of June
30, 2010. Although work on the glass
replacement began on October 21, 2009, due to previous delays in design and
testing of window assemblies, the work cannot be completed within the original
performance period. Modification to the
Agreement is necessary to extend the completion date to June 30, 2011. (Capital
Improvements Division) Countywide/District
7 (JM)
7. DELETED
8. Staff recommends
motion to receive and file:
A) Notice to exercise the third option to
extend the term of the Automated Teller Machine (ATM) Operating License
Agreement (R2007-2243) dated December 18, 2007, with the PBC Credit Union for
the operation of ATMs within the South County Administrative Complex Office
of the Tax Collector located at 501 South Congress Avenue, Delray Beach;
B) Notice to exercise the third option to
extend the term of the Automated Teller Machine (ATM) Operating License
Agreement (R2007-2244) dated December 18, 2007, with the PBC Credit Union for
the operation of ATMs within the Downtown West Palm Beach Office of the Tax
Collector located at 301 North Olive Avenue, West Palm Beach;
C) Notice to exercise the third
option to extend the term of the Automated Teller Machine (ATM) Operating
License Agreement (R2007-2245) dated December 18, 2007, with the PBC Credit
Union for the operation of ATMs within the Midwestern Communities Service Center Office of the Tax Collector
located at 200 Civic Center Way, Royal Palm Beach; and
D) Notice to exercise the third
option to extend the term of the Automated Teller Machine (ATM) Operating
License Agreement (R2007-2246) dated December 18, 2007, with the PBC Credit
Union for the operation of ATMs within the North County Courthouse Office of the Tax Collector located at
3188 PGA Boulevard, Palm Beach Gardens.
SUMMARY:
The PBC Credit Union currently leases ATM space within four (4) separate branch
offices of the Tax Collector of Palm Beach County, for the operation of ATMs. The initial term of each ATM Operating
License Agreement (“Agreement”) was for approximately six (6) months ending on
May 31, 2008, with five (5) extension options, each for a period of one (1)
year. The second extension of the Agreements expired on May 31, 2010 (R2009-0762
through 0765). This third option extends the term of the Agreements for one (1)
year, from June 1, 2010, through May 31, 2011. The Agreement authorizes the
County Administrator to approve renewals on behalf of the County. Either party may terminate this Agreement
upon 30 days written notice. There is no
annual rent for these Agreements. (PREM)
Districts 1, 6 & 7 (HJF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: Task Order No. 2 to Construction Master Service
Agreement (MSA) No. 112842UA-1 with AT&T Corp. (R2009-0199) in the amount
of $1,932,326.53 providing for professional services, detention kiosks, detention
furniture as well as inmate and public video conferencing units associated with
the Video Visitation System (VVS). SUMMARY: The approved Jail Expansion Program includes
the implementation of VVS to reduce; 1) overall operating costs; and 2) security
and contraband risks within the detention facilities. The heart of the VVS
contemplated will include an automated scheduling component that will be
visitor friendly and accessible on the Internet. The VVS project is being
implemented in four (4) phases; the first two were approved by the Department
Director with a cumulative value of less than $200,000. On May 18, 2010, the
Board approved Task Order No. 1 to the MSA which included the purchase,
delivery and installation of the core server system at the Central Video
Visitation Center. Task Order No. 2 to
the MSA includes the furniture, inmate video stations, public video stations,
remote monitoring modules, public scheduling kiosks and the control-interrupt
components required to complete the VVS project. A liquidated damages provision
applies to the work. Task Order No. 2 also includes the annual license fee,
software and hardware support services (including upgrades) for three (3) years
after substantial completion. The term of Task Order No. 2 is through January
20, 2011. (FDO ESS) Countywide (JM)
10. Staff recommends
motion to:
A) approve a utility easement
agreement in favor of BellSouth Telecommunications, Inc. d/b/a AT&T Florida;
B) approve a utility easement
agreement in favor of Florida Power & Light Company;
C) approve a utility easement in
favor of the Loxahatchee River Environmental Control District; and
D) approve
a utility easement in favor of the Town of Jupiter in support of the
abandonment of a portion of DuBois Road located within the County’s DuBois Park
in unincorporated Jupiter.
SUMMARY:
DuBois Park is located on the south shore of the Jupiter Inlet in an
unincorporated pocket. As a part of the
planned expansion of the Park, a portion of DuBois Road within the Park must be
abandoned. The County is required to
grant an easement to the utility companies that have existing lines and
equipment within the road right-of-way. Perpetual non-exclusive easements will
be granted to the utility companies at no charge. The easement area is 205.70
feet long and 30 feet wide and contains 6,171 square feet (0.14 acres). (PREM) District 1 (HJF)
11. Staff recommends
motion to approve: a Utility Easement Agreement in favor of Florida
Power & Light Company (FPL) for underground electrical service to the
Southwinds Golf Course clubhouse in unincorporated Boca Raton. SUMMARY:
The County is constructing a new clubhouse at the Southwinds Golf
Course to replace the old clubhouse which had to be demolished after being
damaged beyond repair by Hurricane Wilma.
FPL requires an easement for the installation of underground electrical
service and a transformer to service this facility. The easement area is approximately 10' wide
and 382’ long and contains 3,824 square feet (0.09 acres). This non-exclusive easement is being granted
at no charge as it will provide electrical service solely for the benefit of
the County facility. (PREM) District 5 (HJF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: a Declaration of Easement in favor of the Palm Beach
County Water Utilities Department for a water main servicing the PBSO Training
Facility on Cherry Road in unincorporated West Palm Beach. SUMMARY: The Palm Beach County Water Utilities Department installed
an underground water main for future development at the PBSO Training Facility,
located at 4215 Cherry Road in unincorporated West Palm Beach. The County acquired the 20-acre parcel, which
is east of North Military Trail and North of Belvedere Road in 2003 from The
King’s Academy, Inc. An easement is
needed to protect both the existing and the newly constructed water main. Except for an above-ground fire hydrant and
backflow preventer valve, all improvements associated with this easement are
located underground. The easement area
is approximately 460 feet long and approximately 20 feet wide and contains
8,845 square feet (0.20 acres) and is located in the south central portion of
the site. (PREM) District 2 (HJF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2007-1726) with Habitat for Humanity of Palm Beach County, Inc., to extend the expiration date from July 2, 2010, to March 31, 2011, and to add certain provisions relating to Ordinance No. 2009-049 pertaining to the Office of the Inspector General. SUMMARY: On October 2, 2007, Palm Beach County entered into an Agreement (R2007-1726) with Habitat for Humanity of Palm Beach County, Inc. (Habitat), for the conveyance of a parcel of County-owned land (known as Kennedy Estates) to Habitat. In exchange for the receipt of title to the land, Habitat was to construct 27 zero lot line single family affordable housing units and to sell them by July 2, 2010, to low-income households (whose household incomes are at or below 80% of the area median income). Habitat has constructed 16 units and is in the process of having the County income qualify the purchasers. In addition, Habitat is also in the process of completing the remaining units. This Amendment provides a time extension to allow for the completion of activities intended under the Agreement. The Amendment also incorporates certain provisions into the Agreement that relate to the Office of the Inspector General. These are Federal Community Development Block Grant funds which require no local match. District 1 (TKF)
2. Staff recommends
motion to approve: a Budget Amendment of $6,533,405 to establish the
budget for the Community Development Block Grant (CDBG) Disaster Recovery
Initiative – 2008 Supplemental Appropriation (DRI4) No. 10-DB-K4-10-60-01-K29
in the FY2009-2010 budget. SUMMARY:
Palm Beach County received notification from the Florida Department of
Community Affairs (DCA) that the application for $6,533,405 in Community
Development Block Grant Disaster Recovery Funding that was made available to
the State of Florida by the U.S. Department of Housing and Urban Development
has been approved. The grant agreement was signed and executed by the County
Administrator on May 17, 2010. The County has been designated by the State as
the local administering entity. Eligible activities are limited to repairs and
recovery from damages caused by Tropical Storm Fay, including: housing
assistance, infrastructure repair and improvements, assistance for commercial
areas, and program administration. These
are Federal Community Development Block Grant funds which require no local
match. Countywide (TKF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to receive and file: an Agreement with the Village of Wellington in the amount of $750,000, funded under the Neighborhood Stabilization Program, for the period of May 15, 2010, to April 30, 2011. 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 approved funding recommendations for this Program which included a funding allocation of $750,000 to the Village of Wellington. This Agreement makes funds available for the acquisition and rehabilitation of foreclosed properties. Acquired properties are then sold to income qualified households. The County Administrator executed this Agreement under the authority provided by the Board of County Commissioners on November 18, 2008, (R2008-2154). These are Federal Neighborhood Stabilization Program Grant funds which require no local match. District 6 (TKF)
4. Staff recommends motion to receive and file: an Agreement in the amount of $403,305.50 with the Boca Raton Housing Authority for the period June 1, 2010, to October 22, 2010. SUMMARY: This Agreement provides funding under the 2005 Disaster Recovery Initiative (DRI) Program - Supplemental Appropriation for the continuation of a project that was commenced under Agreement (R2009-1778) which expired with the expiration of the DRI Grant Agreement with the Florida Department of Community Affairs. The $405,000 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, the Boca Raton Housing Authority (BRHA) will receive the remaining $403,305.50 for hurricane hardening at its Banyan Place property. The BRHA has prepared and submitted the bid documents for the work to Housing and Community Development. Approval of the Agreement will allow work to proceed on the project. The project experienced delays related to the preparation and review of contract documents and specifications. The DRI Grant Agreement with the Florida Department of Community Affairs has now been extended to October 22, 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 Board of County Commissioners on September 11, 2007 (R2007-1524). These are Federal Community Development Block Grant funds which require no local match. District 4 (TKF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: a voluntary one time “Special Assessment” fee from the
Florida Water Environment Association Utility Council (FWEAUC) in the amount of
$8,400 to make certain that numeric nutrient standards being developed by the
United States Environmental Protection Agency (EPA) are meaningful, reasonable
and based on sound science. SUMMARY:
This special assessment is
being sought from all members to subsidize the FWEAUC’s efforts to make certain
that the proposed numeric nutrient standards are scientifically sound and do
not have severe, unintended economic consequences on water and wastewater
providers in Florida. The FWEAUC is a technical and scientific association of
47 local government and private utilities in Florida (including PBCWUD),
representing more than eight (8) million Florida residents, that own and
operate domestic wastewater treatment, disposal, reuse, and recycling
facilities. Its members share a common commitment to environmental protection
and scientifically sound environmental policies. The economy of scale achieved by supporting
FWEAUC’s efforts to make certain cost effective rule development, which if
promulgated is expected to adversely impact Palm Beach County residents and
businesses and be unlikely to achieve meaningful environmental protection, more
than justifies the anticipated costs WUD would incur through independent
engineering and/or legal contractual services.
The South Florida Water Management District Department of Environmental
Protection (FDEP), and the State of Florida have all provided official comment
expressing concerns over the scientific validity and cost impact of the
proposed rule. This assessment is above
the regular dues amount of $5,600, which has been paid for 2010. Countywide (MJ)
2. Staff recommends
motion to approve:
A) a Contract with John J. Kirlin, LLC, to
construct the Water Treatment Plant No. 2 Miex Treatment System in the base bid
amount of $4,985,000;
B) Change Order No. 1 increasing
the amount of this Contract by $847,448 to add bid alternate No. 1 for Miex
Contactor No. 2;
C) Change Order No. 2 to
this Contract in the deductive amount of $2,803,005 deleting the materials and
equipment for the purpose of sales tax recovery and designating John J. Kirlin LLC, as the County’s agent for the inspection and receipt of the
materials;
D) Purchase Order with
vendor for the materials and equipment in the amount of $2,690,000; and
E) a Budget Amendment of $1,750,000 in the
Capital Improvement Fund to fund bid alternate 1 and the Miex resin which will
be purchased separately.
SUMMARY: On March 9, 2010, twelve (12) bids were received
for construction of the Water
Treatment Plant No. 2 Miex Treatment System to replace the existing ozone
system with John J. Kirlin LLC being the lowest responsive responsible bidder
based upon local preference in the amount of $4,985,000. The Miex anionic exchange process will
remove the color compounds, improve the water quality and reduce energy consumption
compared to the existing ozone treatment process. By
approving Change Order No. 1 to this Contract, Miex will be used for the full
treatment flow and will increase the plant capacity by 1.9 million gallons per
day (MGD). By approving Change Order No.
2 to this contract, and purchasing the associated materials and equipment
directly from the vendor listed in the purchase orders, total sales tax savings
of $113,005 can be achieved. Staff and
consultants have reviewed the bids and recommend award to John J. Kirlin
LLC as the lowest responsive and responsible bidder in the amount of $4,985,000. The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15.00% overall. This Contract with John J. Kirlin LLC provides
for SBE participation of 15.30% overall for the base bid. Change Order No. 1
includes 15.59% overall SBE participation.
The contractor’s SBE participation, including this change order, is
15.34% overall. John J. Kirlin LLC is a
local Palm Beach County company.
(WUD Project No. 09-046) District 2 (JM)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve:
A) Amendment No. 1 to
extend the
piggyback contract with Aquifer Maintenance and Performance Systems (AMPS) for
rehabilitation of surficial aquifer wells for a period of 365 days in the amount of $300,000; and
B) Amendment No. 2 to the contract to incorporate
the requirements of the Inspector General Ordinance and the associated fee to
the contract.
SUMMARY: On December 1, 2009, the Board approved the piggyback contract
(R2009-2074) with AMPS in the amount of $450,000. The piggyback contract is
from the Town of Jupiter (Contract No. JW 09-03). On April 30, 2010, the Town
of Jupiter renewed the AMPS contract for a period of 365 days. Amendment No. 1, the extension of the piggyback contract, is a 365 days renewal in an amount not to exceed
$300,000. Amendment No. 2 adds the requirements of the Inspector General
Ordinance and the associated fee to the contract. The piggyback contract has been used for
wellfield rehabilitation to maintain adequate raw water supply to all of the
Water Utilities Department’s (WUD) Water Treatment Plants. The Town of Jupiter does not have an SBE program.
Amendment No. 1 includes a 15% SBE participation goal in accordance with SBE
Ordinance (R2002-064) as a part of the contract extension. AMPS
is a local Palm Beach County company. (WUD Project No. 09-069) Districts
2, 5 & 6 (MJ)
4. Staff recommends
motion to approve: a Change
Order No. 3 to the contract with the Poole and Kent Company of Florida (Poole
& Kent) for the Lake Region Wellfield Improvement Project (R2006-2313)
increasing the contract price by $60,366.82
and providing a 946-day time extension. SUMMARY: On October 17, 2006, the Board of County
Commissioners approved the contract with Poole & Kent Co. (R2006-2313) in
the amount of $5,026,000. The
contract with Poole & Kent for the Lake Region Wellfield Improvements
Project included well pumping, modification to remote storage and
telemetry. Change Order No. 3 includes
construction changes and a contract settlement.
The seven (7) Floridan wells became operational in February of
2008. The naturally occurring artesian
pressures and brackish water caused electrical problems in the pump motor
cables over the past two (2) years.
Poole & Kent has agreed to pay for the associated labor and
equipment costs to remove and reinstall all seven submersible well pumps in
exchange for the time extension. The
Glades Utility Authority will pay for materials and construction of an improved
surface seal for the electrical cables.
The replacement of the well pumps and motors will be completed by the
fall of 2010. The contract with the Poole & Kent provides for SBE participation of 15.63% overall. This Change Order
includes zero overall SBE participation. The contractor’s cumulative SBE
participation, including this Change Order, is 17.30% overall.
(WUD Project No. 03-169) District 6 (JM)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends motion to approve: a Potable Water and Wastewater Development Agreement with Hippocrates Health Institute of Florida, Inc., and Rita J. Romano. SUMMARY: On October 2, 2007, Hippocrates Health Institute, Inc. (HHI) and Rita J. Romano entered into a Development Agreement (2007 Agreement) with the County and paid guaranteed revenue fees (Fees) to reserve potable water and wastewater capacity in order to develop property located at the northwest corner of Palmdale Road and Skees Road. The payment of the Fees were calculated based on the site being classified as a multi-family use, but site plans and engineering plans subsequently presented to Water Utilities clarified that all proposed connections should be accurately reflected as a non-residential classification. This Development Agreement supersedes and voids the 2007 Agreement and transfers credit for the previously paid Fees. Further, this Agreement clarifies the unique ownership, development and operation of the Hippocrates Health Institute and the water, wastewater utilities to be installed on the property. Under the terms of this Agreement, the Property Owners, collectively and individually, and their successors, heirs and/or assigns, agree to protect, indemnify, release, acquit, discharge and hold Utility harmless from and against any and all liabilities, damages, penalties, claims, costs and expenses whatsoever, including attorneys' fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any way connected to the termination of potable water service and/or wastewater service to the Romano Property from the facilities located on the Hippocrates Property. District 2 (MJ)
6. Staff recommends
motion to approve: Supplement
No. 2 to Consultant Services
Authorization No. 2 to the contract with Carollo Engineers (R2008-0526) for
construction services related to the Water Treatment Plant (WTP) No. 2 Miex
Treatment System in the amount
of $249,734. SUMMARY: On April 1, 2008, the Board of County
Commissioners approved a Contract for Professional Consulting Engineering Services
with Carollo Engineers (R2008-0526) for Water Plant & Water Resources Engineering
Services. On April
21, 2009, the Board approved a Consultant
Services Authorization No. 2
(R2006-0868) for the design of the Water Treatment Plant No. 2 Miex Treatment
System. This Consultant Service Authorization provides limited construction management services and startup assistance
during construction of the Water Treatment Plant (WTP) No. 2 Miex treatment system. The balance of construction management services
will be provided by Water Utilities Department staff. The contract with Carollo Engineers includes the small business (SBE)
participation goal of 40%, which exceeds the 15% goal established by the Palm
Beach County Ordinance (No. 2002-064). This Consultant Services Authorization
includes 29.28% overall SBE participation. The consultant’s cumulative SBE participation,
including this authorization, is 33.33% overall. (WUD Project No. 07-096) District 2
(JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. DELETED
2. Staff recommends motion to approve: a Utility Easement Agreement (Agreement) granted to Florida Power & Light Company (FPL) to allow for the installation of electrical service to provide power to a drainage structure proposed to be constructed in the EPB-10 Canal for the hydrological restoration of Winding Waters Natural Area. SUMMARY: The Agreement grants FPL permission to install the electrical service required to provide power to a telemetry controlled water control structure that will benefit both created and onsite former wetlands at Winding Waters Natural Area. The easement granted to FPL is contained within a previously designated nonexclusive easement area granted to Northern Palm Beach County Improvement District (Northern) (R2009-1347). District 7 (SF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends motion to approve: the revised Management Plan for the Jupiter Ridge Natural Area. SUMMARY: The first 10-year update to the Management Plan for the Jupiter Ridge Natural Area was approved by the Board on December 2, 2008. The state Acquisition and Restoration Council (ARC) approved the updated plan on August 13, 2009, subject to changes requested by ARC members and various state agencies that reviewed the Plan. The revised Plan includes those changes as well as current monitoring protocols, revised figures, and an updated cost estimate table for annual maintenance of the site. The next update to the Management Plan is anticipated to be due in 2020. District 1 (SF)
4. Staff recommends
motion to:
A) approve a
Termination Agreement and Release of Bond with the Northern Palm Beach County
Improvement District (Northern) and Taylor Morrison of Florida, Inc. (Taylor).
The Agreement terminates Northern’s and Taylor’s access to County land for
purposes of removing what was originally thought to be a temporary water
management berm. The County-held bond was intended to provide for the cost of
berm removal. It has since been determined that removal of the berm is highly
unlikely in the foreseeable future;
B) authorize the County Administrator or his
designee to sign all future time extensions, task assignments, certifications
and other forms associated with the documents, and necessary minor amendments
that do not change the scope of work or terms and conditions of the documents;
and
C) rescind License Agreement R2010-0207 which was approved by the Board of County Commissioners (BCC) on February 2, 2010, but which License Agreement was never executed by Northern.
SUMMARY: A Temporary Water Management Easement (R2002-0583) and a Construction Agreement (R2002-0584) provided by the BCC to Northern and Taylor Woodrow Communities (now known as Taylor Morrison of Florida) allowed for construction of the Old Marsh Berm within the County’s Loxahatchee Slough Natural Area. It was anticipated that the berm would be removed at Northern and Taylor’s expense once the South Florida Water Management District G-160 structure became fully operational. It has since become apparent that there are hydrologic and environmental benefits to the berm remaining in place even if the G-160 structure becomes operational. Within the now-proposed Termination Agreement, Taylor provides $30,000 to the County which would provide for the cost of berm removal should that become necessary. District 1 (SF)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve:
A) Contract with Murray Logan
Construction, Inc. in the amount of $2,152,856 for the construction of the Juno
Dunes Natural Area Environmental Restoration and Public Use Facilities, Project
No. 2009ERM04 (Project) in Juno Beach, Florida;
B) Budget Transfer of $281,690 in the Natural Areas Fund from
Reserves to the Environmental Resources Capital Fund; and
C) Budget Amendment of $281,690 in the Environmental Resources
Capital Fund to recognize the transfer for the Juno Dunes Natural Area
Restoration Project.
SUMMARY:
Seven (7) eligible bids were received for construction of wetlands, boat basin,
rock jetties, floating dock, boardwalk, observation tower, other recreational
facilities and landscaping in the Juno Dunes Natural Area. Murray Logan Construction, Inc., a Palm Beach
County company, was the lowest
responsive, responsible bidder with a bid that exceeds the established 15%
Small Business Enterprise (SBE) goal with 15.40% participation. Florida Inland Navigation District (FIND) funds (R2009-0113) a major
part of this Project, which is supplemented by a Metropolitan Planning
Organization grant and the Natural Areas Fund, all non-ad valorem sources. If
removed fill is acceptable for transport to the South Cove restoration, the
alternate bid included in the award will be funded by Vessel Registration Fees,
the Lake Worth Lagoon State grant and manatee funds as match. District 1 (JM)
6. Staff recommends motion to approve: Permit and License from City of West Palm Beach for the South Cove Ramp, which will allow the County to construct, install, maintain and replace a ramp and step system connecting the South Cove Natural Area boardwalk to the City seawall and sidewalk. SUMMARY: The South Cove Natural Area is a high priority restoration project proposed in the Lake Worth Lagoon off Flagler Drive in the City of West Palm Beach. The Natural Area will consist of mangrove islands, seagrasses and oyster reef habitat that will be accessed via a 556’ boardwalk and observation deck. The County anticipates construction of the South Cove Natural Area next year. Under this Permit and License, the County shall assume costs for the maintenance, repair and replacement of the ramp and step system. District 7 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Suncoast Community
High School for the period November 10, 2009, through June 30, 2010, in an
amount not-to-exceed $2,500 for a band competition trip to Orlando, Florida.
Summary: This fully
executed Request for Funding Form is for a School Board RAP allocation made in
accordance with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747),
as amended. This allocation was approved by the Board on February 23,
2010. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds. District 7 (AH)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve:
A) the third extension to the Concessionaire Service Agreement (R2007-1153)
with Vending Americas, Inc., to
provide vending machine services at Parks and Recreation facilities located in
the north and west regions for the period July 11, 2010, through July 10, 2011;
and
B) the third extension to the Concessionaire
Service Agreement (R2007-1154) with Sunshine Beverage and Snack, LLC, to
provide vending machine services at Parks and Recreation facilities located in
the south region for the period July 11, 2010, through July 10, 2011.
Summary: On July 10, 2007, the Board approved Concessionaire Service Agreements
with Vending Americas, Inc. and Sunshine Beverage and Snack, LLC. The
original Agreements provided for an initial one (1) year term, which expired on
July 10, 2008, with four (4) one (1) year renewal options. On July 22, 2008, the Board approved the
first extension of each of these Agreements.
On July 7, 2009, the Board approved the second extension of each of
these Agreements. This amendment renews the Agreements for the third option
period of July 11, 2010,
through July 10, 2011, and adjusts the machine fee amounts that the vendors
will pay to the County for the period July 11, 2010, through July 10, 2011 by
multiplying the current monthly payment by 104%. All other terms of the contract remain the
same. Vending Americas, Inc. has a Palm Beach County office. Sunshine Beverage and Snack, LLC is a Palm
Beach County company. Countywide (AH)
3. Staff recommends
motion to approve:
A) Budget Transfer of $50,000 within the $25M General Obligation ‘05,
Recreational & Cultural Facilities Bond fund from Veterans Park West Boca
Improvements to West Delray/Boynton District Park; and
B) Budget
Transfer of $23,304 within the Park Improvement Fund from Veterans Park
West Boca Improvements to West Delray/Boynton District Park.
Summary: The total estimated cost to complete the second field is $138,000. This Budget Transfer and current available
budget in this project will provide the necessary funding to complete a second
soccer field at the West Delray/Boynton District Park. Funding is from the 2002
General Obligation bond referendum and Park Improvement Fund. District
5 (AH)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of May:
A) Eric Mundt, Competitive Diving
Coach, Aqua Crest Pool for the period May 8, 2010, through May 7, 2011, in an
amount not-to-exceed $14,000;
B) Building Up Sports Academy,
Inc., Fishing Camp Instructor, John Prince Park and Okeeheelee Park for the
period June 14, 2010, through August 14, 2010, in an amount not-to-exceed
$6,412.50;
C) Valerie Bell, Crafts and Fun,
Westgate Park and Recreation Center for the period June 15, 2010, through June
16, 2010, in an amount not-to-exceed $336.50;
D) Valerie Bell, Crafts and Fun,
Westgate Park and Recreation Center for the period July 21, 2010, through July
22, 2010, in an amount not-to-exceed $168.50;
E) Valerie Bell, Crafts and Fun,
West Jupiter Recreation Center for the period July 1, 2010, through July 16,
2010, in an amount not-to-exceed $564.18; and
F) Valerie Bell, Crafts and Fun,
West Jupiter Recreation Center for the period July 1, 2010, through July 16,
2010, in an amount not-to-exceed $564.18.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item.
The Independent Contractor Agreements have been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts
1, 3, 6 & 7 (AH)
5. Staff recommends
motion to:
A) receive and file a fully executed State of Florida
Department of Environmental Protection (FDEP) Land and Water Conservation Fund
(LWCF) Project Agreement for John Prince Memorial Park Campground Phase II;
B) approve Budget Amendment of $200,000 within the
Park Improvement Fund to establish budget for the approved grant; and
C)
execute a Notice of Limitation of Use/Site
Dedication identifying the project site for outdoor recreation for the use and
benefit of the public in perpetuity.
Summary: On April 7, 2009, the Board authorized submission of a LWCF grant
application for improvements at the John Prince Memorial Park Campground Phase
II (R2009-0589). The Board also
authorized the County Administrator or his designee to execute the Project
Agreement (FDEP Contract Number LW571) and other standard state and/or federal
grant forms related to this project if the grant was approved. This grant was approved, the Project
Agreement has been fully executed, and it is now being submitted to the Board
to receive and file. Upon completion of
the project, the Project Agreement requires the County to execute and record a
Notice of Limitation of Use dedicating the land in perpetuity as an outdoor
recreation site as part of the closeout documentation. The term of the agreement is from May 18,
2010, to May 18, 2013. The total grant project cost is estimated at
$400,000. The awarded grant is for
$200,000 (50% of the total grant project cost) and will be matched with $14,000
from the Park Improvement Fund, $70,000 from the Parks Maintenance Division FY
2010 operating budget, and $116,000 from the Zone 2 Park Impact Fees. District 3 (AH)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: a Landscape
Maintenance Memorandum of Agreement with the State of Florida Department of
Transportation for the installation and maintenance of landscape improvements
within the right-of-way of State Road 809 approximately 800 feet north of
Cambridge Road. Summary: For approximately the last 20 years, the
County, through the Cooperative Extension Service Department has maintained the
median on Military Trail north of Cambridge Road. The State of Florida Department of
Transportation (“DOT”), in consultation with County Extension horticulturists,
have developed a new design for the median, which includes the removal of seven
(7) trees, amending the soil, adding and replanting native trees and native
ground covers that require minimum water and fertilization. Plant material and installation expenditures
will be the responsibility of the DOT, amounting to approximately $32,848.34,
and the ongoing maintenance will be the responsibility of the County during the
25 year term of the Agreement. District 4 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to:
A) ratify the Chair’s signature approving a grant application to the U.S. Department of Homeland Security’s (DHS) 2010 Assistance to Firefighters Grant program in the amount of $445,016, with a local match of $111,254 for a total project cost of $556,270; and
B) ratify the Chair’s signature approving the County Administrator, or his designee (Division Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the Grant Application via the DHS/FEMA website.
SUMMARY: The 2010 Assistance to Firefighters Grant (AFG) Program is a competitive grant program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents. This grant program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. If awarded this grant, Fire-Rescue will use the funds to purchase 130 mobile data computers to be placed in service on all first response apparatus providing an essential tool for quickly conducting patient assessment and related medical functions in a fast and efficient manner, while increasing the accuracy of the data collection during patient contact. This grant project also includes the purchase of 5 electronic cradles, 58 battery bank chargers for each fire station, 232 spare batteries and 20 printers with Bluetooth compatibility. Grant rules require submission of grant applications by electronic format in order to assure an efficient review and competitive scoring of all funding requests submitted under this program. The deadline for submission of this grant application to the grantor agency was 5:00 p.m. on May 28, 2010. Due to the preparation time, submittal deadlines, and BCC meeting dates, the grant had to be submitted prior to full Board approval. Countywide (SB)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends motion to approve: a First Amendment to Professional Services Agreement with Hope Health and Wellness, Inc., to provide a fire department physician and related services for a one (1) year period beginning October 1, 2010, in an amount not-to-exceed $500,000 annually. SUMMARY: The components of the Palm Beach County Fire-Rescue Wellness Program established by the Collective Bargaining Agreement (CBA) include the provision of a Fire Department Physician, the administering of medical physical examinations and drug testing for Fire-Rescue employees. The Palm Beach County Fire-Rescue Wellness Steering Committee (Committee) is comprised of staff appointed by the Fire-Rescue Administrator and the Professional Firefighters/Paramedics of Palm Beach County (Local 2928), to direct, establish guidelines, make recommendations and evaluate the Fire-Rescue Wellness Program. The Committee is responsible for selecting a service provider and approving a Service Agreement. On October 6, 2008, the County issued a Request for Proposal (RFP) for Fire Department Physician and Related Services. Seven (7) proposals were received in response to the RFP. The Committee members evaluated each proposal and selected Hope Health and Wellness, Inc. (Provider) based on a total points scoring system. The current Agreement (R2009-0127) is set to expire September 30, 2010; however it provided for three (3) additional one (1) year periods by written agreement of the parties, and prior written approval of the Committee. The Committee approved a one (1) year renewal of the Agreement, the addition of a fee for onsite blood alcohol testing, and clarification of medical record retention requirements by the current Provider. The Provider provided written agreement to extend the term and provided a per occurrence charge of $50 for the alcohol testing and a monthly charge of $150 for the additional storage requirements. The Committee approved the additional charges and prepared this First Amendment to renew the Agreement for a one (1) year period and revise the Agreement to clarify the medical records retention requirements and to include the additional fees. The total amount to be paid by the County under this Agreement shall not exceed a total annual amount of $500,000. Hope Health and Wellness, Inc. is a local business in Palm Beach County. Countywide (SGB)
3. Staff recommends motion to approve: The write-off of uncollectible emergency transport patient accounts to remove these amounts from the County’s financial books for the following period:
October 1, 2005 through September 30, 2006 (FY06) $3,405,411.50
SUMMARY: In December 1994, the Board authorized Fire Rescue to transport critically ill/injured patients and bill for those services. The County contracts with a private company for these billings and collections services. The County receives payment from a number of sources, including commercial insurance, Medicare, Medicaid, and private individuals. During the period October 1, 2005 to September 30, 2006, Fire Rescue generated $12,414,666.70 in gross transport billings and collected (to-date) $7,807,696.73 or 62.9%. After adjustments, the balance of $3,405,411.50 is currently deemed to be uncollectible and staff recommends that this amount be written-off the County’s financial books. Countywide (SB)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve a Contract with 211 Palm Beach/Treasure
Coast to provide over the phone emergency crisis counseling services through
the Rape Crisis Hotline in an amount not to exceed $42,000 for the period July
1, 2010, through June 30, 2011 with four (4) – one (1) year options for renewal
at the sole discretion of the County; and
B) authorize the
County Administrator or his designee to exercise the option to extend the
contract, providing that funding is available and the County Attorney signs for
legal sufficiency.
SUMMARY: In 2007, as
a pilot program, the Public Safety Department started answering the Rape Crisis
Hotline calls, which created approximately $65,000 in overtime paid due to the
staffing requirements needed for these types of calls. In order to reduce the
amount of overtime paid, the Rape Crisis Hotline calls will be transferred back
to 211 Palm Beach/Treasure Coast costing $42,000. Also, $3,000 from the Sexual
Assault grant funding will be used to offset the sexual violence type calls
through the Rape Crisis Hotline for a total savings of $26,000. 211 Palm
Beach/Treasure Coast will provide immediate telephone rape crisis intervention
services 24 hours per day, seven (7) days per week on the Rape Crisis Hotlines.
At no cost to the County, 211 Palm Beach/Treasure Coast will continue to work
with Palm Beach County’s Division of Emergency Management to provide the
residents of Palm Beach County with resident access to information during
community emergencies through the use of 211. Countywide (GB)
2. Staff recommends motion to approve: a
Contract with Intrado/Positron for completion of the new Next Generation 911
(NG 911) phone system for the period July 1, 2010, through December 31, 2017 for
an amount not to exceed $13,400,039.37. The cost of the contract and the new NG
911 phone system is funded entirely with state grants and revenue generated
from the 911 system. SUMMARY: On
April 20, 2010, the Board approved a contract with AT&T and Kimball and
Associates for the new NG 911 phone system.
The AT&T contract provides for the purchase, installation and
maintenance of network and call routing software and hardware related to the new
NG 911 phone system. The Kimball
& Associates contract provides the County with the technical support,
project management and oversight necessary for a successful implementation of
the NG 911 project. Staff is
respectfully seeking the Board of County Commissioners approval of the final
contract with Intrado/Positron in order to complete the final stages of the new
NG 911 phone system for an amount not to exceed $13,400,039.37. Of this amount, $7,590,912.01 represents the
purchase, installation, initial maintenance and training of the NG 911 phone
system. The remaining $5,809,127.36 represents the onsite equipment
maintenance, software maintenance and help desk support for the balance of the
contract. The Intrado/Positron contract
will provide for the purchase and installation of call receiving and handling
software and equipment for the new NG 911 phone system. The Scope of Work
includes, but is not limited to, installation of software and equipment at the
22 Public Safety Answering Points (PSAP) throughout the County, backup data
centers located outside of Palm Beach County, and training of PSAP personnel. The
new NG 911 phone system will be operational within an 18 month timeframe. Countywide
(GB)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) approve Florida
Commission for the Transportation Disadvantaged (CTD) Trip and Equipment Grant
in the amount of $1,955,423 for FY 2010/2011 to provide non-sponsored trips in
accordance with the Transportation Disadvantaged Trust Fund in Chapter 427
Florida Statutes and Rule 41-2 Florida Administrative Code; and
B) authorize the
Executive Director of Palm Tran, through the County Administrator or his
designee, to file and execute the Trip and Equipment Grant Agreement with the
CTD.
SUMMARY: On May 18, 2010, the Board of County
Commissioners approved a resolution (R2010-0797) authorizing the filing of a
Transportation Disadvantaged Trust Fund Application with the CTD, and
delegating authority to the Palm Tran Executive Director to execute the
Standard Coordination/Operator contracts on behalf of Palm Beach County. Based on that approval, the Trip and
Equipment Grant Agreement was developed.
The Grant provides approximately 90% of the funding for Palm Beach
County’s TD program. Palm Beach County has been allocated funds for FY 2010/2011:
Trip and Equipment Grant: $1,955,423 (includes Voluntary Dollar Contribution of
$2,262 and a State Grant in the amount of $1,953,161), plus a County match of
$127,269 (includes in-kind match for Voluntary Contributions of $251, and a
local match of $217,018, for a total project cost of $2,172,692. The Agreement
for this project expires on June 30, 2011. The local match has already been
budgeted in Palm Tran’s proposed FY 2011 operating budget. Countywide
(DR)
BB. SHERIFF
1. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the Florida Department of Law
Enforcement Office of Criminal Justice grant to extend the grant period from
May 31, 2010, through August 31, 2010. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $120,000 on
April 7, 2009; the original period for this grant was February 1, 2009, through
January 31, 2010 (R2009-0600). On March
23, 2010, the BCC received and filed and agenda item extending the grant period
from January 31, 2010, through May 31, 2010 (R2010-0425). This agenda item will
extend the grant period from May 31, 2010, through August 31, 2010. The Florida
Department of Law Enforcement awarded these funds to the Palm Beach County Sheriff’s Office to
purchase equipment under the Florida Domestic Security Strategic Plan for the EOD
Regional Team Enhanced Capability Project. The purpose of the EOD Regional Team Enhanced Capability Project is to maintain specialized equipment and
replace items that have exceeded their useful lifespan for SWAT and EOD teams.
There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (DW)
JUNE 29, 2010
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
2. Staff recommends
motion to receive and file: Memorandum of Agreement amending the FY 2006 Urban Area Security
Initiative Grant Program to extend the ending grant period from December 31,
2009, through June 30, 2010. SUMMARY: The Board of County Commissioners (BCC) accepted
this grant for $1,684,487 on December 19, 2006; the original period for this
grant was October 1, 2006, through January 31, 2008 (3BB-2).
On September 9, 2008, the BCC received and filed an agenda item
extending the grant period from January 31, 2008, through June 30, 2009
(R2008-1556). On October 6, 2009, the BCC
received and filed an agenda item extending the grant period from June 30, 2009,
through December 31, 2009 (R2009-1711). This agenda item will extend the grant period from December 31,
2009, through June 30, 2010. This
agreement provides a means of funding various domestic security activities
within the County and region using federal Urban Area Security Initiative
(UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal
agent. The total funds provided to Palm
Beach County agencies by the UASI ($ 2,383,087) represents 24 % of the total Ft.
Lauderdale UASI grant ($9,980,000), and will be used to support and strengthen
the County’s ability to plan for, and respond to, acts of terrorism. The UASI awarded $698,600 to the County,
which will be used to fund fire, health, emergency management, and other
approved anti-terrorism activities. The
Sheriff’s Office received an equivalent award of $698,600 to fund direct law
enforcement activities, and an award of $985,887 to fund the Regional Security
Projects. Future funding will be determined based on a competitive need
process. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required.
Countywide (DW)
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)
DD. HOUSING FINANCE
AUTHORITY
1. Staff recommends
motion to approve: the nomination of Bob Newmark as the Chairperson of
the Housing Finance Authority of Palm Beach County (HFA) for the term of June
2010 through May 2011. SUMMARY:
At the regular HFA meeting of June 11, 2010, the HFA board nominated Bob
Newmark as its Chairperson to serve a term of one (1) year in accordance with
Ordinance No. 2002-022. This Ordinance
requires the nomination of the Chairperson to be submitted to the Board of
County Commissioners for approval. (Housing Finance Authority) Countywide
(TKF)
* * * * * * * * * * * *
JUNE 29, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution to abandon a portion of South Grace Drive, all of the six foot wide water main easements, and all of the six foot wide liquid fuel easements as shown and noted on the plat of Morrison Homes, as recorded in Plat Book 23, Page 189, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow the owner/petitioner, Palm Beach County, to abandon South Grace Drive and certain easements which said road abandoned right-of-way and easements will be incorporated into the Airport Master Plan, allowing for future development. District 3 (PK)
B. Staff recommends
motion to adopt: 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. 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. BCC approval of this agenda item provides for the
adoption of the impact fee methodology with no increases in the fees and a
limited number of fee reductions in some law enforcement and miscellaneous road
impact fee categories where calculated in the consultant’s report. The 2009 Biennial Update will be returned to
the BCC in one (1) year for further consideration of possible fee increases
contingent upon improvements in the economy and the housing market. Staff
suggests October 1, 2010 as the implementation date for all approved changes to
Article 13. Countywide (LB)
* * * * * * * * * * * *
JUNE 29, 2010
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve: removal of the listed advisory board members from
their respective advisory boards for non-compliance with the new Palm Beach
County Code of Ethics Ordinance training requirements. SUMMARY: On December 15, 2009, the Board of County
Commissioners adopted the Palm Beach County Code of Ethics Ordinance (No.
2009-051) to help ensure that public officials and employees abide by the
highest ethical standards. Advisory
board members are considered officials pursuant to the Ordinance. To ensure all
advisory board members were aware of the new ethics requirements and trained by
May 1, 2010, the County created an on-line training program. In mid-March,
notices were sent to advisory board members with instructions on accessing the
on-line training program. Reminder
notices were sent in mid-April, and Department/Division Heads were advised on a
number of occasions to follow up with their respective advisory board
members. The deadline for compliance was
ultimately extended to June 18, 2010. The attached list represents those
members who have still not satisfied the training requirements, and are being
recommended for removal. Countywide (LB)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a Resolution
approving the issuance of not to exceed $55,000,000 Housing Finance Authority
of Palm Beach County, Florida, Homeowner Revenue Bonds, Multiple Series (the
“Bonds”) within the meaning of Section 147(f) of the Internal Revenue Code of
1986, as amended (the “Code”), and providing an effective date. SUMMARY: The Bonds are being issued by the Housing
Finance Authority of Palm Beach County, Florida (the “Authority”) to implement
its Single Family Homeowner Revenue Bond Program (the "Program"),
which Program is for the purpose of providing to qualified mortgagors mortgage
financing for owner-occupied, single family residential housing facilities
within the Authority’s area of operation.
In lieu of the Program, the Authority may determine to issue its
Mortgage Credit Certificates (the “MCCs”) upon converting all or a portion of
its Bond allocation for the Program to be applied to the issuance of such
MCCs. The MCCs would provide qualified
mortgagors with tax credits in connection with the purchase of Eligible
Housing. Please note that the Authority
retains Bryant, Miller & Olive, P.A. and Greenberg Traurig, P.A. as its
bond and disclosure counsel and Raymond James & Associates, Inc., RBC
Capital Markets and M.R. Beal & Company as underwriters, each on a rotating
basis. However, it has not yet been
determined which of these firms will fill these roles in the event bonds are
issued as set forth 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. Countywide
(PFK)
2. Staff recommends
motion to adopt: a Resolution approving the issuance of not to exceed
$9,000,000 Housing Finance Authority of Palm Beach County, Florida, multifamily
housing revenue debt obligations (Westgate Plaza Apartments Project) (expected
to take the form of a non-recourse note, herein the “Debt Obligations”) within
the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended
(the “Code”), and providing an effective date.
SUMMARY: The Debt Obligations
are being issued by the Authority to finance the costs of acquisition,
construction and equipping of up to an approximately 80 unit multifamily rental
housing facility known as Westgate Plaza Apartments, to be located on the south
side of Westgate Avenue, approximately 220 feet west of Quail Drive, in the
unincorporated area of Palm Beach County, Florida, to be rented by qualified
persons and families in Palm Beach County, Florida (the “County”) as required
by the Code. Neither the taxing power nor the faith and credit of the County, nor
any of the County funds shall be pledged to pay principal or redemption
premium, if any, or interest on the Debt Obligations. District 2
(PFK)
JUNE 29, 2010
5. REGULAR
AGENDA
B. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
July 20, 2010 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Charter of Palm Beach County, Florida; pertaining to ethics
regulation, the establishment of a county Code of Ethics, an independent Commission
on Ethics, and an independent Office of Inspector General; providing for
charter amendment language; providing for referendum and ballot language;
providing for form of notice; providing for severability; providing for
inclusion in the charter; and providing for an effective date. SUMMARY: This
Ordinance would schedule a referendum at the November 2, 2010 General Election
on an amendment to the Palm Beach County Charter requiring the County to
establish by ordinance a Code of Ethics, a Commission on Ethics and an
Independent Inspector General. The
Charter amendment and implementing ordinances would apply to Palm Beach County
and all municipalities approving the referendum. The Commission on Ethics would be funded by
Palm Beach County. The Inspector General would be funded by the county and all
other governmental entities subject to the authority of the Inspector General. Countywide
(RPB)
C. COMMUNITY
SERVICES
1. Staff recommends
motion to:
A) authorize staff to initiate
negotiations with Alzheimer’s Community Care, Inc. (ACC) for the provision of
an adult day care dementia-specific unit at Mid-County Senior Center in
partnership with the Division of Senior Services (DOSS); and
B) authorize staff to proceed with the development of an
adult day care private pay policy for BCC consideration.
Summary: Alzheimer’s Community Care, Inc. has proposed entering into a partnership
with DOSS wherein ACC would operate a dementia-specific unit at the Mid-County
Senior Center, utilizing 1080 square feet of available space. DOSS serves
persons with mild to moderate dementia, while ACC serves individuals with
moderate to severe dementia. This program would coexist with the DOSS adult day
care program, enhancing services by including individuals with severe dementia,
thus providing for a full continuum of services at the facility. The
implementation of a County private pay option would allow individuals,
currently not receiving federal or state grant funding, to enroll in a DOSS
adult day care program by paying a fee based on a sliding scale. Countywide
(TKF)
2. Staff recommends
motion to adopt: Resolution authorizing the County Administrator or his
designee signatory authority on amendments to individual Ryan White provider
agency contracts for not more than ten percent of the contracted amount or
$150,000, whichever is greater, for the period March 1, 2010, through February
28, 2013. Summary: The Federal
mandate for the Ryan White Program grant funds stipulate that 95% of the
funding must be spent within a program year to avoid penalty. The agenda process is at times, not conducive
to allowing documents to be executed with expedience. Delegating signatory
authority to the County Administrator or his designee on contract amendments
would facilitate the spending of funds in a timely manner in compliance with
the mandate. The authority would allow
for reallocation of funding for not more than 10% of the contracted amount or
$150,000, whichever is greater of the individual agency contracts, based on the
recommendations of the Palm Beach County HIV CARE Council and Ryan White
staff. Contract amendments signed by the
County Administrator or his designee will be brought before the BCC as receive
and file documents in accordance with PPM CW-O-051. Ryan White funds are 100% Federal with no
County match. (Ryan White) Countywide
(TKF)
JUNE 29, 2010
5. REGULAR
AGENDA
D. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Neighborhood
Stabilization Program-1 (NSP-1) residential first mortgage for $133,000 and a
forgivable second mortgage for $75,000 for a total funding amount of $208,000
to Babatunde Atoki, a County employee. SUMMARY:
Babatunde Atoki is a low income married male who has been employed with Palm
Beach County as a Maintenance Technician for eight (8) years. He is now seeking
to purchase a home in the amount of $179,900.
The home is located at 197 Monterey Way, Royal Palm Beach, Florida
33411. The home contains 1,751 square
feet with three (3) bedrooms and two (2) baths. The appraised “as is” value is $182,000. The after rehabilitation or “subject to” appraised
value is $201,000. Total cost for this residential purchase and repair is $211,445.76.
This amount includes the purchase price of $179,900; repair costs of $21,050;
and closing costs of $10,495.76 (which includes $700
in applicant prepaids). The applicant contribution includes $3,445.76
which when added to the $700 in applicant prepaids, this amount exceeds the
mandatory two percent (2%) down payment of $3,598. Palm Beach County will
provide a residential first mortgage loan of $133,000 for 30 years at four
percent (4%) interest and a forgivable second mortgage of $75,000. The second mortgage requires no repayment if
Mr. Atoki lives in the home as his principal place of residence for 30 years. These are Federal funds which require no
local match. District 6 (TKF)
2. Staff recommends
motion to approve: Neighborhood
Stabilization Program-1 (NSP-1) residential first mortgage for $163,700 and a
forgivable second mortgage for $25,000 for a total funding amount of $188,700
to Dexter Christopher Samuel a County employee.
SUMMARY: Dexter Christopher
Samuel is a moderate income single male who has been employed with Palm Beach
County as a Maintenance Technician for four (4) years. He is now seeking to purchase a home in the
amount of $155,000. The home is located at 18024 Murcott Boulevard,
Loxahatchee, Florida 33470. The home contains 1897 square feet with four (4)
bedrooms and two (2) baths. The “as is” appraised value is $167,000. The after rehabilitation or “subject to”
appraised value is $181,000. Total cost
for this residential purchase and repair is $195,502.09. This amount includes the purchase price of
$155,000; repair costs of $28,750; and closing costs of $11,752.09 (which includes
$700 in applicant prepaids). The applicant contribution includes $2,927.09
which when added to the $700 in applicant prepaids, this amount exceeds the
mandatory two percent (2%) down payment of $3,100. There is also a seller
contribution of $3,875. Palm Beach County will provide a first residential mortgage
loan of $163,700 for 30 years at four percent (4%) interest and a forgivable second
mortgage of $25,000. The second mortgage requires no repayment if Mr. Samuel
lives in the home as his principal place of residence for 30 years. These are Federal funds which require no
local match. District 6 (TKF)
JUNE 29, 2010
5. REGULAR
AGENDA
D. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to approve: the following in connection with the acquisition of a commercial condominium property at 1000 45th Street in the City of West Palm Beach and its conversion into a homeless resource center:
A) an Agreement for Purchase and Sale with Hand Surgery Institute, Inc. (Unit No. 2) in the amount of $542,500; and
B) a Lease Agreement with Hand Surgery Institute, Inc. (HSI).
SUMMARY: On January 12, 2010, the Board of County Commissioners (BCC) approved an Agreement for Purchase and Sale and a Lease Agreement with HSI for Unit No. 2, which documents were to have been executed by HSI as approved without alteration. HSI did not execute these documents as presented. The BCC also authorized the Department of Housing and Community Development and the County Attorney’s Office to institute eminent domain proceedings, including the hiring of any required experts necessary to acquire Unit No. 2, in the event that HSI did not execute the Agreements. Since HSI declined to execute the Agreements at the offered amount of $391,750, the County Attorney’s Office filed an eminent domain case against the HSI (Case No. 502010CA003601XXXXMB). Staff has continued to negotiate with HSI to avoid costly litigation which has resulted in an amicable settlement presented herein. As a result of negotiations that took into account information presented by representatives of HSI (including an appraisal that valued Unit No. 2 at $478,500), discussions with the County’s real estate appraiser, and a review of the County’s potential financial exposure in an eminent domain case, the County offered, and HSI has accepted, a comprehensive offer of $542,500 which includes $450,000 for the real estate and $92,500 as compensation for expenses incurred in the negotiation of this administrative settlement and the reestablishment of the Seller’s medical practice. Staff acknowledges the Property Review Committee (Committee) provision established in the recently adopted Palm Beach County Real Property Acquisition, Disposition and Leasing Ordinance. One aspect of the provision requires the Committee to review, evaluate and advise the Board on real estate transactions when, the final agreed on price varies from the appraised value by more than 10%. However, due to the timing and facts of this specific proposed settlement, it is the opinion of the County Attorney’s office that this proposed settlement does not need to go to the Committee before coming to the Board of County Commissioner’s for approval due to the following: a) the Committee has not been staffed yet and no formal appointments have been made or are pending; b) the Homeless Resource Center Project is primarily funded by a $7,500,000 grant from the Federal Department of Housing and Urban Development, which could be jeopardized if the acquisition process is not timely completed, and c) the results of the negotiations have limited the County’s financial exposure that could result from a court order in the recently filed eminent domain proceeding. Of the $542,500 Purchase Price, $136,312 is being funded by Community Development Block Grant Funds, $78,500 is being funded by the Inter-Local Agreement with the City of West Palm Beach and $327,688 is being funded by the County. Approval of these Agreements will result in the dismissal of the pending eminent domain suit and conclude the Acquisition process. Approval of the purchase of this property must be by supermajority (five commissioners) of the Board pursuant to the PREM Ordinance. District 7 (TKF)
E. PUBLIC SAFETY
1. Presentation of the Palm Beach County’s Deepwater Horizon Task Force Oil Spill Contingency Plan.
* * * * * * * * * * * *
JUNE 29, 2010
6. BOARD
APPOINTMENTS
A. HOUSING & COMMUNITY
DEVELOPMENT
(Westgate Belvedere
Homes CRA)
1. Staff recommends
motion to approve:
A) the appointment of the following individual
for completion of a term from June 29, 2010, through May 31, 2013:
Name
Seat No. Nominated by
Joseph
D. Peacock 1 Commissioner
Marcus
Commissioner Koons
Commissioner
Taylor
B) the reappointment of the following
individual to serve the term from June 1, 2010, through May 31, 2014:
Name Seat
No. Nominated by
Melanie
A. Marvin 4 Commissioner Marcus
Commissioner
Koons
SUMMARY:
The Westgate/Belvedere
Homes CRA Board consists of seven (7) at-large members from the general public
and local businesses within the CRA boundaries. Ordinance No. 89-6 requires
that the Palm Beach County Board of County Commissioners (BCC) appoint the CRA
Board Commissioners. After duly
advertising, the Westgate CRA held its’ Annual Meeting on May 17, 2010, to
appoint for a completion of an unexpired term, a candidate to fill Seat No.1
and to reappoint a candidate to fill Seat No. 4. Mr. Joseph D. Peacock, a resident and
business owner, has expressed a willingness to complete the unexpired term of
Mr. Scott Bedford who has resigned. Melanie A. Marvin, a resident and business
owner, has expressed a willingness to remain on the WG/BH CRA Board in Seat
4. Ms. Marvin and Mr. Peacock were
nominated by the CRA board members and residents to be recommended for
appointment by the BCC. Countywide (TKF)
JUNE 29, 2010
6. BOARD
APPOINTMENTS
B. PLANNING, ZONING & BUILDING
(Land
Development Regulation Advisory Board)
1. Staff recommends
motion to approve: appointment
of two (2) new members to the Land Development Regulation Advisory Board
(LDRAB), for the term from June 8, 2010, to February 7, 2012:
Nominee Seat No. Seat Requirement Nominated By
Nominee Seat
No. Seat Requirement Nominated By
OR
Robert Schulbaum
18 None (Alternate) Commissioner Aaronson
SUMMARY: The ULDC provides for seven (7) members
appointed by the BCC (one from each PBC Commissioner as a district appointment)
with consideration of expertise in Art. 17.C.1.C.2, Qualifications; ten (10)
members that are appointed by a majority of the BCC upon a recommendation by
specific organizations: Residential Builder: Gold Coast Builders; Municipal
Representative: PBC League of Cities; Engineer: Florida Engineering Society;
Architect: American Institute of Architects; Environmentalist: Environmental
Organization; Realtor: The PBC Board of Realtors; Surveyor: Florida Society of
Professional Surveyors; Citizen Representative: Condominium/HOA Association;
Commercial Builder: Association General Contractors of America; and AICP
Planner: PBC Planning Congress; and two members appointed at-large, as
alternates, by majority vote of the BCC, with consideration of the expertise in
Art.17.C.1.C.2, Qualifications. These appointments/reappointments are
consistent with the Unified Land Development Code (ULDC) requirements. Unincorporated
(LB)
JUNE 29, 2010
6. BOARD
APPOINTMENTS
C. PALM TRAN
(Palm
Tran Service Board)
1. Staff recommends
motion to approve: appointment
of four (4) at-large members from the following categories to the Palm
Tran Service Board:
|
|
Nominee |
Category & Seat Number |
Term to Expire |
Nominated By |
|
|
Charles Falana |
Representative with
Transportation Experience Seat No. 1 |
6/28/2012 |
Comm. Taylor |
|
Select One |
OR |
|
|
|
|
|
Joseph Quinty (Waiver required) |
Representative with
Transportation Experience Seat No. 1 |
6/28/2012 |
Comm. Abrams Comm. Marcus |
|
|
|
|
|
|
|
|
Janice Friebaum (Waiver required) |
Environmental Advocate Seat No. 3 |
6/28/2012 |
Comm. Abrams |
|
Select One |
OR |
|
|
|
|
|
Kia Jones (Waiver required) |
Environmental Advocate Seat No. 3 |
6/28/2012 |
Comm. Taylor |
|
|
|
|
|
|
|
Incumbent |
John Parsons |
Senior Citizen
Representative Seat No. 7 |
6/28/2012 |
Comm. Taylor |
|
|
|
OR |
|
|
|
|
Sandra Chamblee (Waiver required) |
Senior Citizen
Representative Seat No. 7 |
6/28/2012 |
Comm. Marcus |
|
Select One |
OR |
|
|
|
|
|
Kim Clawson (Waiver required) |
Senior Citizen
Representative Seat No. 7 |
6/28/2012 |
Comm. Marcus |
|
|
|
OR |
|
|
|
|
Richard S. Herman |
Senior Citizen
Representative Seat No. 7 |
6/28/2012 |
Comm. Aaronson |
|
|
|
|
|
|
|
Incumbent |
Sidney Dinerstein |
Citizen at Large Seat No. 11 |
6/28/2012 |
Comm. Abrams; Comm.
Taylor; Comm. Marcus |
|
Select One |
OR |
|
|
|
|
|
Janice Friebaum (Waiver required) |
Citizen at Large Seat No. 11 |
6/28/2012 |
Comm. Aaronson Comm. Marcus |
SUMMARY: The Palm Tran Service Board was established December 18, 2001
(R2001-2241), as amended April 2, 2002 (R2002-0485), and is currently comprised
of 13 at-large voting members from 13 categories appointed by the Palm Beach
County Board of County Commissioners. Members may serve two (2) year terms with
no limit on reappointments. The above
incumbents of Seats 7 and 11 are members in good standing and have expressed
their desire to continue to serve subsequent terms. As indicated above, certain
nominees may have a potential conflict of interest as specified on their
Disclosure Statement and under the new Code of Ethics would require a waiver if
selected. Although it is not entirely clear in each case that there is a conflict of interest, Palm
Tran wishes to err on the side of caution in this matter. Memos dated March 1, 2010 and March 21, 2010
were circulated to the Board of County Commissioners along with the Board
Appointment Nomination Forms. Countywide (DR)
JUNE 29, 2010
6. BOARD
APPOINTMENTS
D. PUBLIC SAFETY
(Emergency Medical Services
Advisory Council)
1. Staff recommends
motion to approve: the
reappointment of one (1) “At Large Seat” and the appointment of one (1) “At
Large Seat” to the Emergency Medical Services Advisory Council (EMS
Council) for the terms indicated:
Re-appoint Representing/Seat No. Term Nominated
by:
Joann
Franklin ER Nurses Forum/No.2 04/20/10
– 04/19/12 Comm. Marcus
Comm. Koons
Comm. Taylor
Appoint
Dr.
Craig Kushnir Emergency Room
Physician/No. 7 04/20/10 – 04/19/12 Comm. Marcus
Comm. Koons
Comm. Taylor
OR
Appoint
Dr.
Brandt Delhamer Emergency Room Physician/No.
7 04/20/10 – 04/19/12 Comm. Marcus
Comm. Koons
Comm. Taylor
SUMMARY: Per
Resolution (R2009-0248), the Board of County Commissioners approved a
representative make-up of the Emergency Medical Services Council to include 18
members. Eleven (11) members are representatives of the various components of
the EMS system with specific requirements and seven (7) members are Commission
District Consumer appointments. A memo was sent to all Board members on May 7,
2010 seeking nominations for the above two (2) at-large seats. Seat No. 7 has
two (2) nominations. Seat No. 2 is seeking reappointment. Countywide (DW)
* * * * * * * * * * * *
JUNE 29, 2010
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 29, 2010
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS, VICE CHAIR
B. District
2 - COMMISSIONER JEFF KOONS
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
June 29, 2010 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 29, 2010
PAGE ITEM
7 3A-3 MOVED TO
REGULAR (5A-3): Staff
recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
urging the Governor of the State of Florida to convene a Summit for the
preservation of Florida’s shores and to reaffirm support for a prohibition on
Offshore Drilling in Florida. (Admin)
14 3F-11 REVISED TITLE: Staff
recommends motion to approve: A) a
Settlement Agreement with AFCO Constructors, Inc. to settle Case No. 50-2008-CA-020624-MB
filed in the Circuit Court of the 15th Judicial Circuit authorizing
the release of retainage in the amount of $1,678,288; and B) a Mutual General Release authorizing payment in the
amount of $500,000 to with Post, Buckley, Schuh and Jernigan, Inc.
(PBS&J). (Airports)
29 3X-2 DELETED: Staff
recommends motion to approve: a Contract with Intrado/Positron for
completion of the new Next Generation 911 (NG 911) phone system…(Public Safety)
(Further staff review)
33 5A-2 ADD-ON:
Staff recommends motion to adopt:
a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, authorizing: a) the submittal
of a $1 Million Brownfield Economic Development Initiative (BEDI) Grant and an
$8 Million Section 108 Federal Loan Application to the U.S. Department Of
Housing And Urban Development for the Tire Group International; and b) the
County Administrator or his Designee to sign all applications and documents related
to the Grant and Loan. SUMMARY:
Tire Group International, Inc. (TGI) is an $18 million public-private
partnership represented by one international corporation seeking to build a
Tire Recycling Center in the Tri-City Area. TGI is one of the fastest-growing
companies in the worldwide wholesale distribution of tires and South Florida’s
largest independent tire wholesaler. It specializes in the trade of tires and
tubes, conducting business in over 70 countries. It is headquartered in Miami,
Florida with associate offices in San Juan, Puerto Rico; Hidalgo, Texas; and
Leon, Mexico. TGI carries over 40 different brands of tires, covering the
entire spectrum of the tire industry, as well as several brands of tubes and
various lines of automotive wheels and repair products. Besides TGI's large
inventory, it also has access to millions of tires worldwide, which would
secure the inventory needed for the Recycling Center. This revitalization
initiative will create 300 new full-time jobs in this economically distressed
area of the County. If the grant and loan are awarded to Palm Beach County, the
BEDI Grant will represent 6 % ($1M) and the Section 108 Loan 44% ($4M) of the
total project cost. The remaining balance will be financed by TGI and Recycling
Tax Exempt Bonds. No County match funds
are required to complete this project. District 6 (DW)
(Admin/EDO)
37 6A-1 REVISED TITLE: Staff
recommends motion to approve: A) the appointment of the following
individual for completion of a term from June 29, 2010, through May 31, 2013:
Name
Seat No. Nominated by
Joseph
D. Peacock 1 Commissioner
Marcus
Commissioner Koons
Commissioner
Taylor
B) the reappointment of the following
individual to serve the term from June 1, 2010, through May 31, 2014:
Name Seat
No. Nominated by
Melanie
A. Marvin 4 Commissioner Marcus
Commissioner
Koons
Commissioner
Taylor
(HCD)
39 6C-1 REVISED SUMMRY: The
Palm Tran Service Board was established December 18, 2001 (R2001-2241), as
amended April 2, 2002 (R2002-0485), and is currently comprised of 13 at-large
voting members from 13 categories appointed by the Palm Beach County Board of
County Commissioners. Members may serve two (2) year terms with no limit on
reappointments. The above incumbents of
Seats 7 and 11 are members in good standing and have expressed their desire to
continue to serve subsequent terms. As indicated above, certain nominees may have
a potential conflict of interest as specified on their Disclosure Statement and
under the new Code of Ethics would require a waiver if selected. Although it
is not entirely clear in each case that there is a conflict of
interest, Palm Tran wishes to err on the side of caution in this matter. Memos dated March 1, 2010 and March 21, 2010
were circulated to the Board of County Commissioners along with the Board
Appointment Nomination Forms. Countywide (DR) (Palm Tran)
40 6E-1 ADD-ON: Staff recommends motion to approve: appointment of one (1) individual to the Health Care District of Palm Beach County (HCD), to complete the unexpired term of Richard Machek, June 29, 2010, to September 30, 2010, and a full four (4) year term commencing on October 1, 2010, and ending September 30, 2014:
Nominee Seat No. Seat Requirement Nominated
By
Rep. Joseph Abruzzo 1 Elected Official Comm. Aaronson Comm. Vana
Comm. Abrams
Comm. Taylor
SUMMARY: Per Chapter 2003-326, Laws of Florida, the HCD is
comprised of seven (7) members. The appointing authority shall consider the
diverse geographic areas of Palm Beach County in selecting individuals to serve
on the HCD, and at least one (1) person, but not more than two (2) shall reside
in the Glades Area. The Governor shall
appoint three (3) members; the Board of County Commissioners shall appoint
three (3) members, one of which must be an elected official at the time of
appointment; and one (1) member shall be the director of the Palm Beach County
Health Department. Members may serve two
(2), four (4) year terms. Seat No. 1 was formerly occupied by State Representative
Richard A. Machek who resigned following his appointment as USDA Director of
Rural Development for the State of Florida. Staff recommends that the
appointment cover the unexpired term of Representative Machek plus an
additional full four (4) year term.
State Representative Joseph Abruzzo meets all the requirements for a
District Board member. Countywide (TKF) (Admin)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).