ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
AUGUST 17, 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
C. Special
Presentations (Page 8)
3. CONSENT
AGENDA (Pages 9 - 46)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 47 -
48)
5. BOARD
OF COUNTY COMMISSIONERS SITTING AS ENVIRONMENTAL CONTROL BOARD – PUBLIC HEARING
– 9:30 A.M. (Page 49)
6. REGULAR
AGENDA (Pages 50 - 58)
TIME
CERTAIN 10:00 A.M. (School Board .25 Mills Levy Referendum) (Page 50)
7. BOARD
APPOINTMENTS (Pages 59 - 62)
8. STAFF
COMMENTS (Page 63)
9. COMMISSIONER
COMMENTS (Page 63)
10. ADJOURNMENT (Page 63)
* * * * * * * * * * *
AUGUST 17, 2010
TABLE OF CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2A 2010 National Environmental Excellence Award
2B 2010
Animal Kindness Award to Peg Bowman
2C 2010
Special Recognition Award to Paul R. Bowman
2D 2010
Special Recognition Award to Michele Durkee, DVM
2E Palm
Beach Partners Business Matchmaker Conference & Expo Day
2F Palm
Beach County Local 2928 Firefighter Appreciation Month
2G Census
Bureau Presentation
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Amendment
No. 2 with City of Riviera Beach for three (3) economic development projects
3A-2 U.S. Department of Housing & Urban
Development Section 108 Loan and Brownfield Economic Development Initiative
Grant documents for Glades Home Health Care Medical Center
3A-3 U.S. Department of Housing & Urban
Development Section 108 Loan documents for Kiddie Haven Pre-School, Inc.
Page 10
3A-4 Job Growth Incentive Grant Agreement with
Tyco International US, Inc./ADT Security Services, Inc.
3A-5 Payment for participation in the Palm Beach
Partners Business Matchmaker Conference & Expo
3A-6 Deleted
Page 11
3A-7 Resolution supporting Intracoastal Waterway
Plan
3A-8 Receive and file Resolution of Port of Palm
Beach regarding levy upon real/personal taxable property of Port
3A-9 District Appointments
3A-10 Golf Tournament Agreement with Trump
International Golf Club and Glades Healthcare Foundation, Inc.
B. CLERK
& COMPTROLLER
Page 12
3B-1 Warrant list
3B-2 Minutes:
None
3B-3 Contracts and
claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments
3B-5 List of error insolvencies, double
assessments, discounts and VAB reductions on 2009 assessment roll
3B-6 Receive and
file two (2) annual financial reports for FY ending September 30, 2009
C. ENGINEERING
& PUBLIC WORKS
Page 13
3C-1 Amendments to
Traffic Signal Contracts
3C-2 Contract with
H & J Contracting, Inc. regarding Lyons Road Pathway improvements
3C-3 JPA with FDOT
regarding State Road 7 irrigation/landscaping
Page 14
3C-4 Acceptance of
Camino Del Mar for maintenance
3C-5 Contract with
J.W. Cheatham for Seminole Pratt Whitney Road construction
3C-6 Deleted
3C-7 County Deed
in favor of FDOT for Boynton Beach Blvd. right-of-way
3C-8 County Deed
in favor of Village of Royal Palm Beach for Anthony Groves Road
Page 15
3C-9 Supplemental
Agreement No. 1 with FDOT for Military Trail milling/resurfacing project
3C-10 Supplemental
Agreement No. 1 with FDOT regarding Congress Avenue widening
3C-11 Agreement with
Dyer, Riddle, Mills and Precourt, Inc. for traffic signal synchronization
AUGUST 17, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
C. ENGINEERING
& PUBLIC WORKS (Continued)
Page 16
3C-12 Annual
Asphalt Milling and Resurfacing contracts
3C-13 Second Amendment to annual pathway and minor
construction contract with Charles S. Whiteside
D.
COUNTY ATTORNEY
Page 16
3D-1 Agreement for
bond counsel and related legal services with Bryant Miller Olive P.A.
Page 17
3D-2 Deleted
3D-3 Deleted
3D-4 Agreement for
bond counsel and related legal services with Ruden McClosky, P.A.
3D-5 Agreement for disclosure counsel and related
legal services with Nabors Giblin & Nickerson, P.A.
3D-6 Agreement for disclosure counsel and related
legal services with Squire Sanders & Dempsey, LLP
3D-7 Settlement Agreement in personal injury
action case Javier Cristobal Soria vs. PBC
E.
COMMUNITY SERVICES
Page 18
3E-1 Modification
No. 001 to Community Services Block Grant with Dept. of Community Affairs
3E-2 Amendment
No. 002 & No. 003 to Nutrition Services Incentive Program with AAA
3E-3 Community
Services Block Grant Policies and Procedures Manual
Page 19
3E-4 Contract
Renewal for Home Care for the Elderly Program with AAA
3E-5 Contract
Renewal for Community Care for the Elderly Program with AAA
3E-6 Contract
Renewal for Alzheimer’s Disease Initiative Program with AAA
Page 20
3E-7 Deleted
3E-8 Contract
Renewal for Respite for Elders Living in Everyday Families Program with AAA
3E-9 Deleted
3E-10 Contract with
Treasure Coast Health Council, Inc. regarding Ryan White HIV funding
3E-11 Contract with
Treasure Coast Health Council, Inc. regarding Ryan White HIV funding
Page 21
3E-12 Application to
the Early Learning Coalition for Voluntary Pre-Kindergarten funding
3E-13 Revised SF424 Grant Application to U.S. Dept.
of Health & Human Services for Head Start programming funding
3E-14 Deleted
Page 22
3E-15 Memorandum of Agreement with Quantum
Foundation, Palm Health Care Foundation, United Way, and Children’s Services
Council for common funding application
3E-16 Amendment No. 3 for Emergency Home Energy
Assistance Program with AAA
Page 23
3E-17 American Recovery and Reinvestment Act
Cost-of-Living Adjustment grant award for Head Start Program
3E-18 Amendment No. 1 with Union Missionary Baptist
Church, Inc. for extended Head Start services
F.
AIRPORTS
Page
24
3F-1 Quitclaim
Deed from Irene Metzger for 10’ strip of land west of PBIA
3F-2 Utility
Easement Agreement with BellSouth for telecommunication facilities on DOA
property
3F-3 Fifth
Amendment to Lease Agreement with Galaxy Aviation at PBIA
3F-4 Deleted
3F-5 Deleted
AUGUST 17, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F.
AIRPORTS (Continued)
Page
25
3F-6 Amendments
to Fuel Farm Facilities Lease Agreement and Airport Building/Ground Lease
Agreement with Aircraft Service International, Inc.
3F-7 Receive
and file 19 agreements for DOA
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 27
3G-1 Extend 2010
Tax Roll
3G-2 Resolution
amending travel policy
3G-3 Budget
Amendment/Transfer regarding Donald Ross Road widening project
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 28
3H-1 Contract with Cedars Electro-Mechanical, Inc.
for removal/replacement for four (4) chillers in Central Energy Plant
3H-2 Amendment No.
7 with Hedrick Brothers Construction for construction management services
3H-3 CSA No. 4 with Heery International, Inc.
regarding Jail Expansion Program 2 program management services
Page 29
3H-4 Amendments No. 6 and 8 with Catalfumo
Construction, Ltd. for construction management services
3H-5 Deleted
3H-6 Interlocal
Agreement with Port of Palm Beach District for radio maintenance services
Page 30
3H-7 Easements
related to Fire Rescue Station No. 31 construction
3H-8 Declaration of Easement in favor of PBC Water
Utilities Department for water main service relative to Stockade’s Central
Video Visitation facility
3H-9 Easement with Board of Trustees of the
Internal Improvement Trust Fund regarding drainage improvements adjacent to
West County Jail
Page 31
3H-10 Standard license agreement for use of County
property/facilities related to Deepwater Horizon Oil Spill response
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 31
3I-1 Agreement with Village of Hope of Palm
Beach County regarding Community Development Block Grant Recovery Program funds
Page 32
3I-2 Agreement with West Palm Beach Housing
Authority for 2005 Disaster Recovery Initiative Program funding
3I-3 Amendment
to Neighborhood Stabilization Program guidelines
Page 33
3I-4 Agreement
with City of Delray Beach for 2005 Disaster Recovery Initiative Program funding
3I-5 Amendment
No. 1 with Village of Wellington for Neighborhood Stabilization Program funds
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 33
3K-1 Budget Amendment recognizing financial
assistance award from U.S. Dept. of Commerce related to design and construction
of wastewater infrastructure owned by GUA
Page 34
3K-2 Contract with R.J. Sullivan Corp. to
construct Southern Region Water Reclamation Facility effluent flow delivery
modifications
3K-3 Work Authorization No. 6 with Sheltra &
Son Construction Co. for construction of two (2) wastewater lift stations
AUGUST 17, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page
34
3L-1 Resolution
requesting FDEP review/support funding application for shoreline protection
projects in FY 2011/2012
Page
35
3L-2 Agreement
with PBSO for law enforcement services on County conservation/natural areas
3L-3 Interlocal
Agreement with City of Boca Raton for management of Yamato Scrub Natural Area
Page
36
3L-4 Receive
and file five (5) original documents for ERM
Page
37
3L-5 Grant
Agreement No. 08PB4 with FDEP relative to Juno Beach Nourishment project
3L-6 Agreement
with FL Dept. of Agriculture and Consumer Services for mosquito control
reporting requirements
Page
38
3L-7 Cooperative
Agreement with U.S. Bureau of Land Management regarding Jupiter Inlet
Lighthouse Outstanding Natural Area project
3L-8 Contract
with Applied Technology & Management, Inc. for professional coastal and
marine engineering services
Page 39
3L-9 FDOT
Local Agency Program Supplemental Agreement No. 1 for historic
Jupiter-Indiantown Trail
M.
PARKS & RECREATION
Page
39
3M-1 Use
Agreement with U.S. Coast Guard Auxiliary, Flotilla 51 for use of multipurpose
room in Marine Center Building at Phil Foster Park
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE
Page 39
3P-1 Agreement with Palm Beach Soil and Water
Conservation District for soil and water resource conservation services
Q.
CRIMINAL JUSTICE COMMISSION
Page 40
3Q-1 Waiver/Contract with Gulfstream Goodwill
Industries for home detention monitoring services to juveniles
3Q-2 Amendment
with FAU for Restorative Justice Project
Page 41
3Q-3 Grant/Contract
Amendment with City of West Palm Beach for “Weed and Seed” efforts
3Q-4 Grant/Interlocal
Agreement with City of Riviera Beach for “Weed and Seed” efforts
3Q-5 Budget
Transfer/Amendment related to Juvenile Assessment Center security expenses
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 42
3S-1 Receive and
file two (2) standard agreements for Fire Rescue
3S-2 Memorandum of Agreement with Children’s
Services Council for Drowning Prevention Coalition funding
T.
HEALTH DEPARTMENT
Page 42
3T-1 Resolution
adopting FY 2010/2011 budget for Air Pollution Control Program
AUGUST 17, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U.
INFORMATION SYSTEMS SERVICES
Page 43
3U-1 Task Order
No. 3 with Surdex Corp. for digital ortho photography mapping
3U-2 Agreement
with Nonprofits First, Inc. to connect to County’s Regional Network
3U-3 First
Amendment with Raymond F. Kravis Center regarding County’s Regional Network
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 44
3X-1 Receive and file grant from Florida Council
Against Sexual Violence for sexual battery recovery services
3X-2 Receive and file grant from Florida Division
of Emergency Management for Citizen Corps program initiatives
3X-3 Receive and
file grant from Florida Division of Emergency Management for CERT program
Page 45
3X-4 Receive and file Service Grant Agreement
with Child & Family Connections for supervised visitation services
3X-5 Standard
agreement for Emergency Medical Services
Y.
PURCHASING - None
Z.
RISK MANAGEMENT
Page 46
3Z-1 Contract with Island Medical Care, LLC for
on-site physician services at County’s occupational health clinic
AA.
PALM TRAN - None
BB.
SHERIFF
Page 46
3BB-1 Budget
Transfer from Law Enforcement Trust Fund
PUBLIC HEARINGS – 9:30 A.M.
Page
47
4A Resolution
to abandon a portion of Saranac Road
4B Five
(5) EMS Certificates of Public Convenience and Necessity
4C FY
2010 Section 5307 Federal Transit Administration Grant Application
Page
48
4D Application
of Galaxy Aviation of Palm Beach, Inc. for issuance of Airport Revenue Bonds
BOARD OF COUNTY COMMISSIONERS SITTING AS
ENVIRONMENTAL CONTROL BOARD
Page
49
5A-1 Biohazardous
Waste Incineration Facility Ordinance
REGULAR AGENDA
COUNTY ATTORNEY
Page 50
6A-1 Resolution regarding Referendum for
continued levy of 0.25 mills for School Board of Palm Beach County – TIME CERTAIN 10:00 A.M.
6A-2 Waiver/Agreement
for bond counsel and related legal services with Edwards Angell Palmer &
Dodge, LLP
AUGUST 17, 2010
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
COUNTY ATTORNEY (Continued)
Page 50
6A-3 Waiver/Agreement
for bond counsel and related legal services with Greenberg Traurig, P.A.
AIRPORTS
Page
51
6B-1 Agreement
for Purchase and Sale with Richard R. & Judith J. Brown for property
located west of Runway 10L at PBIA
Page
52
6B-2 Agreement
for Purchase and Sale with Hess Corporation for property located west of Runway
10L at PBIA
COMMUNITY SERVICES
Page 52
6C-1 Travel
for one (1) Community Action Advisory Board Member to attend National Community
Action Partnership Annual Convention and Board Governance Training
ENGINEERING & PUBLIC WORKS
Page 53
6D-1 Five
Year Road Program Ordinance
6D-2 Red
Light Cameras Ordinance
ENVIRONMENTAL RESOURCES
MANAGEMENT
Page 54
6E-1 Termination
of Easement for 0.99 acre Conservation Easement at the Whiteside Industrial
Park
6E-2 Release
of Conservation Easement to terminate 1.44 acre Conservation Easement at the
Pratt & Orange Multiple Use Planned Development
FACLITIES DEVELOPMENT &
OPERATIONS
Page 55
6F-1 Waiver/Second
Amendment with St. Mary’s Medical Center regarding 800 MHz radio system
Page 56
6F-2 Second
Amendment with Indian Trail Improvement District regarding Acreage Community
Park and Acreage Pines Natural Area
Page 57
6F-3 Proposal
by Transit Village, LLC to develop “Wedge” property
PARKS & RECREATION
Page
57
6G-1 Loggerhead
Marinelife Center’s request to lease additional park property
Page
58
6G-2 Interlocal
Agreement with South Florida Science Museum, Inc. and City of West Palm Beach
regarding South Florida Science Museum improvements
BOARD
APPOINTMENTS (Pages 59 - 62)
STAFF
COMMENTS (Page 63)
COMMISSIONER
COMMENTS (Page 64)
ADJOURNMENT (Page 64)
AUGUST 17, 2010
2. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Presentation by the Solid Waste Authority to the Board of County
Commissioners regarding the receipt of the 2010 National Environmental
Excellence Award from the National Association of Environmental Professionals
for the environmental management and beneficial re-use of the former Cross
State Landfill which is now home to the Herman W. Brice Fire Rescue Complex.
B. 2010 Animal Kindness Award to Peg Bowman
(Sponsored by Commissioner Marcus)
C. 2010 Special Recognition Award to Paul R. Bowman in
recognition of his devotion to the welfare of animals. (Sponsored by
Commissioner Marcus)
D. 2010 Special Recognition Award to Michele Durkee, DVM, in
recognition of her devotion to the welfare of animals. (Sponsored by
Commissioner Vana)
E. Proclamation declaring September 16, 2010 as “Palm Beach
Partners Business Matchmaker Conference & Expo Day” in Palm Beach
County. (Sponsored by Commissioner
Aaronson)
F. Proclamation declaring August 2010 as “Palm Beach County
Local 2928 Firefighter Appreciation Month” in Palm Beach County. (Sponsored by Commissioner Aaronson)
G. Special
Presentation by the Census Bureau to the Board of County Commissioners and
Verdenia Baker, Deputy County Administrator.
* * * * * * * * * * * *
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Amendment No. 2 to the Development Regions Round XI
Grant Agreement R2007-1024 totaling $124,000 with the City of Riviera Beach to
extend the term of the Agreement from February 19, 2012, to February 19, 2013. SUMMARY:
On June 19, 2007, the Board of
County Commissioners (BCC) approved the Grant Agreement with the City of
Riviera Beach (R2007-1024) for three (3) economic development projects: Earl L.
Pleasant Custom Ceramic Tile, Fannie Mae Tots, Inc. and E-Z Weld, Inc., to
create eight (8) full-time equivalent jobs and to retain 29 full-time
equivalent jobs. Two (2) of the projects, Fannie Mae Tots, Inc. and E-Z Weld,
Inc. have been completed. On February 3,
2009, the BCC approved Amendment No. 1 (R2009-0181) to extend the Agreement
twelve (12) months for the remaining project, Earl L. Pleasant Custom Ceramic
Tile, which was delayed due to financial difficulties. The business recently received a commitment
letter from Northern Trust Bank for a $230,000 Commercial Construction Loan to
complete its project, the construction of a 3,938 sq. ft. retail/office building
located at 2701 Old Dixie Highway in Riviera Beach. The Black Business
Investment Corporation (BBIC) provided a loan guarantee for 50% of the loan
amount and the City has committed up to $200,000 from a Housing and Urban
Development (HUD) Economic Development Initiative grant. This Amendment No. 2
will allow the company an additional 12 months to complete its project caused
by a delay in seeking financing and create three (3) full-time equivalent jobs.
County funds committed to this project total $30,000. All projects are located in the
"Acute" (35% or greater poverty) area of the Development Regions. District
7 (DW)
2. Staff recommends
motion to receive and file: U.S. Department of Housing and Urban
Development (HUD) Section 108 Loan and Brownfield Economic Development
Initiative (BEDI) Grant documents for Glades Home Health Care Medical Center,
LLC (GHHC). SUMMARY: On July 27, 2009, the Section 108 Loan Review
Committee recommended providing funding for GHHC. On September 1, 2009, the
Palm Beach County Board of County Commissioners (BCC) conceptually approved a
Section 108 Loan Program Agreement with GHHC (Agenda Item 3A-1), which included
an $89,000 Section 108 loan and a $44,337 BEDI grant, totaling $133,337 in
federal funds. On March 3, 2010, Palm Beach County closed on the above loan and
grant. These are Federal funds that do
not require a local match. District 6 (DW)
3. Staff recommends
motion to receive and file: U.S. Department of Housing and Urban
Development (HUD) Section 108 Loan documents for Kiddie Haven Pre-School,
Inc. SUMMARY: Kiddie Haven Pre-School was approved for a
$57,000 HUD Section 108 loan on August 11, 2009 by the Loan Review Committee,
on August 24, 2009 by Palm Beach County Administration and in January 2010 by
HUD. Palm Beach County closed on the above loan on June 8, 2010. These are Federal funds that do not require
a local match. District 2
(DW)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends motion to:
A) approve a Job Growth Incentive (JGI) Grant Agreement in the amount of $40,000
as a portion of the local match for a State Qualified Target Industry Grant
(QTI) and $100,000 as a portion of the local match for a Quick Action Closing
Fund with Tyco International US, Inc./ADT Security Services, Inc. (ADT);
B) approve a Budget Transfer of $140,000 from the
General Fund contingency reserve to the Economic Development Job Growth
Incentive (JGI) Program; and
C) approve a Budget Amendment of $140,000 to the Economic Development Office Fund
to recognize and appropriate the transfer of funds from the General Fund
Contingency Reserve.
SUMMARY: On April 20, 2010, the Board of County
Commissioners (BCC) adopted Resolution (R2010-0663) supporting a Job Growth
Incentive (JGI) Grant in the amount $40,000 as a portion of the local match for
a State Qualified Target Industry Grant (QTI) and $100,000 as a portion of the local
match for a Quick Action Closing Fund with Tyco International US, Inc./ADT
Security Services, Inc. (ADT). ADT has finalized their relocation plans and
desires to enter into a formal agreement with the County. The Agreement
requires the company to create 100 new jobs by December 31, 2015, with an
average salary of $72,000 excluding benefits; and maintain the 100 new jobs and
700 existing jobs for five (5) years from the effective date of the Agreements. All funding is on a reimbursement basis as
the jobs are created. The City of Boca Raton will be providing the remaining
$140,000 or 50% of the required local match. Funding will come from General Fund Contingency Reserves. District 4 (DW)
5. Staff recommends
motion to approve: Payment in an amount
not to exceed $6,000 for participation in the Palm Beach Partners Business
Matchmaker Conference & Expo to be held on September 16, 2010 at the Palm
Beach County Convention Center. SUMMARY:
The Office of Small Business
Assistance, Department of Airports and Palm Tran are participating with the
South Florida Water Management District, School District of Palm Beach County,
the City of West Palm Beach, the Center for Technology, Enterprise &
Development, Inc. (TED Center) and the Paragon Foundation, Inc., to present the
2010 Business Matchmaker Conference & Expo (a statewide conference). This
is the 4th annual Matchmaker Conference & Expo held in Palm
Beach County. Each participating entity
will contribute $2,000 and the county’s contribution will be broken down as
follows: the Office of Small Business
Assistance ($2,000), Department of Airports ($2,000) and Palm Tran ($2,000).
Payment will be made on or before August 27, 2010 to the School District of
Palm Beach County. The conference and expo will provide Small Business
Enterprise owners an opportunity to collaborate with larger businesses in an
effort to increase business opportunities and knowledge of programs offered by
the above listed governmental partners. Countywide (TKF)
6. DELETED
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
7. Staff recommends
motion to adopt: a Resolution by the
Board of County Commissioners of Palm Beach County, Florida supporting the
Intracoastal Waterway Plan for Palm Beach County and establishing a Working Partnership
with the seven (7) identified Marina Villages. SUMMARY: During the 2005 Palm
Beach County Economic Summit, it was recommended that an Intracoastal Waterway
Master Plan (Plan) be created.
This recommendation was subsequently incorporated in the Strategic Economic
Development Plan, adopted by the Board of County Commissioners on March 13,
2007. The Plan sets a shared
vision, common goals and methods to achieve those goals that are important to
protecting working waterfronts. The Plan is organized around six core public
themes including increasing public access to the waterway, protecting natural
resources, expanding forms of water-based transportation, increasing and
enhancing nature based recreational and eco tourism opportunities, creating a
system of marina “villages” and other key waterfront destinations and promoting
sustainable economics. In June 2010, a PBC
multi-agency working group was established to implement key recommendations
from the Plan. The working group consists of the Marina Villages of Jupiter,
Palm Beach Gardens, Riviera Beach, West Palm Beach, Lake Worth, Lantana, and
Boynton Beach, the PBC Economic Development Office, Florida Inland Navigation
District, TCRPC, Metropolitan Planning Organization, Tourist Development
Council, PBC Environmental Resources Management, and PBC Parks &
Recreation. The goal of the group will be to proceed in developing the
appropriate partnerships, action plans, time frames and funding mechanisms in
order to facilitate the Plan. In addition, each of the seven (7) Marina
Villages are currently seeking to bring forth resolutions to their boards to
establish a working partnership between the County and the respective
municipalities. No County match funds are required to
complete this project. Countywide (DW)
8. Staff recommends
motion to receive and file:
Resolution No. 10-07222010-05 of the Board of Commissioners of the Port
of Palm Beach District adopting not to make a levy upon the real and personal
taxable property of the said District for the Year 2010.
9. Staff recommends
motion to approve: the following District appointments:
District Name Board/Committee Term
Reappoint:
2 Rae C. Franks
Fair Housing/Equal Employment Board 01/10/10-01/09/12
Appoint:
6 Elizabeth
Cayson Emergency Medical Services Adv.
Council 08/17/10-08/16/12
SUMMARY: The above
individuals have been recommended by their respective District Commissioners
(District 2: former Commissioner Jeff Koons; District 6: Commissioner
Santamaria) for appointment/reappointment to the above named advisory boards
for the terms indicated. Countywide (LB)
10. Staff recommends motion to approve: Golf Tournament Agreement with Trump
International Golf Club, L.C. and Glades Healthcare Foundation, Inc. for a one
(1) day charitable golf tournament to be held on October 26, 2010. SUMMARY:
The Development Site Lease Agreement with the Trump International Golf Club,
L.C. (Trump), approved September 3, 1996 (R96-1277D), allows use of the golf
course during the months of May through October for the County to host either a
single two-day, or two (2) – one (1) day charitable golf tournament(s). The Golf Tournament Agreement provides for the
Trump International Golf Club to be available exclusively for the tournament to
be held on October 26, 2010. Proceeds from the golf tournament will benefit the
Glades Healthcare Foundation, Inc. Countywide (AH)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
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 June 2010. Countywide
5. Staff recommends
motion to approve: list of errors insolvencies, double assessments, discounts & Value Adjustment
Board reductions on the 2009
assessment roll. SUMMARY: Section
197.492, F.S. requires that on or before the 60th day after the tax
certificate sale, the Tax Collector shall make out a report to the Board of
County Commissioners, separately showing the discounts, errors and double
assessments and insolvencies for which credit is to be given, including in
every case except discounts, the names of the parties on whose account the
credit is to be allowed. The Board of County Commissioners, upon receiving the
report, shall examine it; make such investigations as may be necessary; and, if
the board discovers that the Tax Collector has taken credit as an insolvent
item any personal property tax due by a solvent taxpayer, charge the amount of
taxes represented by such item to the Tax Collector and not approve the report
until the Tax Collector strikes such item from record. Countywide (PFK)
6. Staff recommends motion to receive and file: two (2) of Palm Beach County’s annual financial reports for fiscal year ending September 30, 2009:
A) The Units of Local Government Annual Financial Report (AFR); and
B) Annual Financial Audit Report (AFAR), including the Single Audit Report
SUMMARY: The
Units of Local Government Report is an Annual Financial Report which serves to
generate input to the state. The Annual
Financial Audit Report is a special annual financial report defined in Chapter
10.550 of the rules of the Auditor General. This report is required to be filed
annually with the Auditor General in compliance with Section 11.45 Florida
Statutes and includes the Single Audit Report. Countywide (PFK)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: the First Amendment to the Primary Annual Traffic
Signal Contract, (R2009-0347),
with Gerelco Traffic Controls, Inc. (Gerelco) and the Secondary Annual Traffic
Signal Contract, (R2009-0348),
with Signal Group, Inc. (Signal Group), Project No. 2009055 (Contract), both
dated February 24, 2009. SUMMARY:
Approval of this First Amendment to the contracts will extend the expiration
date, from August 24, 2010, to February 24, 2012, and add the necessary
language to the contracts regarding the applicability of the Inspector General
Ordinance and the inclusion of the Inspector General fee into future tasks
orders to the consultants. There are no
increases to the dollar value of the Contracts.
Signal Group has voluntarily reduced the unit prices of numerous
existing bid items that may be used in future task authorizations. Gerelco has not reduced unit prices, but the
current unit prices tend to be equal to or less than the unit prices offered by
Signal Group. The Contracts provide for
furnishing and installing various signal components throughout Palm Beach
County on an as needed basis. Gerelco is a St. Lucie County business, whereas Signal Group is a Palm Beach County
business. Small Business Enterprise (SBE) goals were established at 15% of the overall
contract amount. The SBE participation committed for the project by Gerelco is
32.08% overall. The SBE participation committed for the project by Signal Group
is 0.48% overall. Countywide (MRE)
2. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $344,048.01, for the Lyons Road Pathway Improvements (Project), Project Nos. 2005081 and 2005081-27. SUMMARY: Approval of this Project will result in construction of pathway improvements along the west and east sides of Lyons Road, north of Lantana Road to Brandy Road. The Project will include drainage, concrete sidewalk, installing chain link fence and new sod. The Project is funded through the Florida Department of Transportation (FDOT) Local Agency Program, and the attached contract has been approved by FDOT. The Contractor is a Palm Beach County business. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed by the Contractor is 26% overall. Districts 2 & 6 (MRE)
3. Staff recommends
motion to:
A) adopt a Resolution to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for FDOT funding for Palm Beach County’s (County) installation of irrigation and landscape on State Road 7 from the Broward/Palm Beach County Line to Palmetto Park Road; and
B) approve a Budget Amendment of $400,000 in the Transportation Improvement Fund to recognize reimbursement from FDOT and appropriate it to S.R. 7 - Broward/Palm Beach County Line to Palmetto Park Road.
SUMMARY: FDOT agrees to provide the County up
to $400,000 as 100% reimbursement funding for the County’s installation of
irrigation and landscape in the medians of State Road 7 from the Broward/Palm
Beach County Line to Palmetto Park Road. This maximum reimbursement funding
amount is in excess of the estimated cost to construct the project; therefore,
the project can be built at no cost to the County. The JPA requires that all
work be completed by the County and accepted by FDOT no later than December 31,
2012. No matching funds are required. It
is expected that County will spend an additional $4,000 annually to operate and
maintain the irrigation system and new landscaping. District 5 (MRE)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to approve: acceptance of Camino Del Mar, from the Lake Worth Drainage District (LWDD) Lateral Canal No. 49 north 450 feet +/- to Camino Real for maintenance. SUMMARY: Approval of this acceptance will provide for maintenance of a portion of Camino Del Mar at a projected cost of $800 per year. District 4 (PK)
5. Staff recommends
motion to approve: a Contract with J. W. Cheatham, LLC (Cheatham) in
the amount of $9,733,669.44 for the construction of Seminole Pratt Whitney Road
from S.R. 80 to north of Sycamore Drive and 110th Avenue north Berm
(for the future S.R. 7 Extension) from Persimmon Blvd. to 60th
Street North (Project). SUMMARY: Approval of this Contract will allow Palm
Beach County to issue a Notice to Proceed to Cheatham, a Palm Beach County company,
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 Cheatham is 15.00%. District 6 (MRE)
6. DELETED
7. Staff recommends motion to approve:
A) a Palm Beach County (County) Deed in favor of the Florida Department of Transportation (FDOT) for right-of-way on Boynton Beach Boulevard; and
B) a Release of Permanent Construction Easement Rights adjacent to Boynton Beach Boulevard.
SUMMARY: Approval of this item will allow a County Deed to FDOT for right-of-way on Boynton Beach Boulevard, lying on the north side of Boynton Beach Boulevard between State Road 7 and Lyons Road, and the release of a Permanent Construction Easement that is no longer required. District 5 (PK)
8. Staff recommends motion to approve: a Palm Beach County (County) Deed in favor of the Village of Royal Palm Beach (Royal Palm) for County-owned property, known as Anthony Groves Road. SUMMARY: Approval of this item will allow a County Deed to Royal Palm for property known as Anthony Groves Road, running west from State Road 7 and lying south of Pioneer Road. District 6 (PK)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to:
A) adopt a Resolution approving Supplemental Agreement Number One to the Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation (FDOT) concerning the Military Trail from Clint Moore Road to Lake Worth Road milling and resurfacing (Project). This project is an American Recovery and Reinvestment Act (ARRA) Stimulus project;
B) approve a downward Budget Amendment of $142,880 in the Transportation Improvement Fund to reduce the LAP Agreement with the FDOT for the Project; and
C)
approve a Budget Transfer of
$102,250 in the Transportation Improvement Fund to supplement the reduction of
the LAP Agreement from FDOT for the Project.
SUMMARY: Adoption of the Resolution for this Supplemental Agreement Number One and
approval of the downward Budget Amendment and approval of the Budget Transfer
will adjust the grant funds provided to Palm Beach County for
construction of the Project. Districts
2, 3, 4 & 5 (MRE)
10. Staff recommends
motion to adopt: a Resolution approving Supplemental
Agreement Number One to the Local Agency Program (LAP) Agreement (R2009-0820) with
the State of Florida Department of Transportation (FDOT) for the widening
Congress Avenue from Lantana Road to South of Melaleuca Lane (Project). SUMMARY: Adoption of this Resolution for this Supplemental Agreement Number One to the
LAP will adjust the grant funds for construction of the Project. District 3 
(MRE)
11. Staff recommends motion to receive and file: an Agreement containing a contract for $198,911 with Dyer, Riddle, Mills
and Precourt, Inc. (DRMP) for professional services to perform traffic signal
synchronization of 77 signalized intersections within the following six (6) corridors:
Northlake Boulevard, Palm Beach Lakes Boulevard, Gateway Boulevard, Linton
Boulevard, Dixie Highway and Congress Avenue. This project, titled Traffic
Signal Synchronization, is funded with the Federal Stimulus Block Grant monies,
administered by the U.S. Department of Energy. The allotted time frame for
completion to develop and implement optimized traffic signal timing plans is 18
months from the date of commencement. SUMMARY: This Agreement is being submitted as a receive and file
agenda item for the Clerk’s Office. The contract will enable DRMP to provide
engineering services for developing and implementing optimized traffic signal
timing plans for 77 intersections in Palm Beach County. The list of intersections is shown in Exhibit
B of the attached Scope of Services.
DRMP will conduct before and after travel time delay studies and
document the reductions in stops and delays, fuel consumptions, CO2 emissions,
and increases in travel speeds from this traffic signal synchronization
project. This project is funded with Federal stimulus grants, administered
through the Energy Efficiency & Renewable Energy Block Grant Program. Total
funding for this project is $200,000 and the contract with DRMP is for a total
of $198,911, as shown in contract’s Exhibit A. Countywide (MRE)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
12. Staff recommends
motion to approve: a Contract
not to exceed the total value of $7,040,000 for task orders which may be issued
for the Annual Asphalt Milling and Resurfacing Contracts (Contract), project no.
2011051, with the primary contractor, Community Asphalt Corporation, the lowest
responsive, responsible bidder, and the secondary contractor, Ranger Construction
Industries, Inc., the second lowest responsive, responsible bidder. SUMMARY:
Approval of this Contact will provide services for maintenance of Palm Beach
County (County) roadways and other facilities. The Contract includes milling
and disposal of existing asphalt pavement, maintenance of traffic, cleaning of
surfaces for finish applications, and furnishing, hauling, and placement of
specified asphalt courses. Both contractors are Palm Beach County businesses.
The Small Business Enterprise (SBE) goal for the project is 15%. The SBE
participation committed for the project is 15.19% overall by the primary contractor
and 15.09% overall by the secondary contractor. Countywide (MRE)
13. Staff recommends
motion to approve: the Second Amendment to the Annual Pathway and Minor
Construction Contract (Contract) (R2008-1824) with Charles S. Whiteside, Inc. (Whiteside),
Project No. 2009053, dated October 21, 2008, and extended to October 21, 2010
(R2009-1847). SUMMARY: Approval of this Second Amendment to the Contract
will extend the expiration date, from October 21, 2010, to October 20, 2011,
increase the amount of the Contract by $6,971,000, to a total of $15,514,000,
lower the unit prices on certain bid items and introduce the Inspector General
Ordinance requirements and gender equity language into the Contract. The
increased contract amount is based upon estimated amounts to be expended
throughout Palm Beach County (County) by various Departments during the
extended contract period. Whiteside has voluntarily reduced the unit prices of
numerous existing bid items (2.9% overall) that may be used in future task
authorizations. The Contract provides for construction and/or resurfacing of
pathways, construction of parking areas, speed humps, traffic separators and
other minor construction projects throughout the County on an as needed basis.
Whiteside is a Palm Beach County business. The contract will be re-bid after
this extension. Small Business Enterprise (SBE) goals were established at 15%
of the overall Contract amount. The SBE
participation committed for the project by the Contractor is 21.6% overall. Whiteside has attained SBE participation of
21.8% overall through the third quarter.
Countywide (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: an Agreement for bond
counsel and related legal services with the law firm of Bryant Miller Olive
P.A. (“Attorney”). SUMMARY: The County Finance Committee (the “CFC”)
reviewed RFP applications for County bond counsel and disclosure counsel on
June 24, 2010. The CFC recommends that
Attorney be selected as one (1) of four (4) law firms to provide bond counsel
services to the County through September 30, 2013. Attorney’s Office is in
Miami, Florida. There is no Palm Beach
County office. Countywide (PFK)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. DELETED
3. DELETED
4. Staff recommends
motion to approve: an Agreement for bond
counsel and related legal services with the law firm of Ruden McClosky, P.A.
(“Attorney”). SUMMARY: The County Finance Committee (the “CFC”)
reviewed RFP applications for County bond counsel and disclosure counsel on
June 24, 2010. The CFC recommends that Attorney be selected as one (1) of four (4)
law firms to provide bond counsel services to the County through September 30,
2013. Attorney has an office in Palm Beach County. Countywide (PFK)
5. Staff recommends
motion to approve: an Agreement for disclosure counsel and related legal services with the
law firm of Nabors Giblin & Nickerson, P.A. (“Attorney”). SUMMARY: The County Finance Committee (the “CFC”)
reviewed RFP applications for County bond counsel and disclosure counsel on
June 24, 2010. The CFC recommends that Attorney be selected as one (1) of two (2)
law firms to provide disclosure counsel services to the County through
September 30, 2013. Attorney’s Office is in Tallahassee, Florida. There is no Palm Beach County office. Countywide
(PFK)
6. Staff
recommends motion to approve: an Agreement for disclosure counsel and related
legal services with the law firm of Squire Sanders & Dempsey L.L.P. (“Attorney”).
SUMMARY: The County
Finance Committee (the “CFC”) reviewed RFP applications for County bond counsel
and disclosure counsel on June 24, 2010.
The CFC recommends that Attorney be selected as one (1) of two (2) law
firms to provide disclosure counsel services to the County through September
30, 2013. Attorney has an office in Palm Beach County. Countywide
(PFK)
7. Staff recommends
motion to approve: a
Settlement Agreement, inclusive of attorneys fees and costs, in the total
amount of $300,000 in the personal injury action styled JAVIER CRISTOBAL SORIA, and PAMELA SORIA, his
daughter, and LUCAS SORIA, a minor, by and through his father and next friend,
Javier Cristobal Soria, and AGUSTINA SORIA, a minor, by and through her father
and next friend, Javier Cristobal Soria, Plaintiffs, versus PALM BEACH COUNTY, Defendant, in the Circuit Court of
the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No.
502008CA015296 MC AO. The
$300,000 settlement amount will be paid as follows. The County will pay
Plaintiffs $198,200. In order to be entitled to receive the remaining sum of
$101,800, Plaintiffs must seek, and receive, a claims bill from the Florida
Legislature. SUMMARY: This is a
personal injury claim arising from an April 17, 2007, accident between the
Plaintiff, Javier Cristobal Soria, age 39, who was driving a motorcycle, and an
employee of Palm Beach County Parks and Recreation, who was driving a dump
truck pulling a large utility trailer. Plaintiffs allege that the County
employee negligently operated the County vehicle, causing this accident. The County’s employee was charged with
causing the accident. Plaintiff, Javier
Cristobal Soria, alleges multiple physical injuries, unpaid medical bills,
future medical care and treatment, as well as pain and suffering type
damages. Plaintiffs’ three (3) children,
one (1) adult and two (2) minors, have asserted loss of consortium claims. Palm Beach County and Plaintiffs have
conditionally settled this claim.
Payment terms are as follows: The
County will pay Plaintiffs $198,200. In order to be entitled to receive the
remaining sum of $101,800, Plaintiffs must seek, and receive, a claims bill
from the Florida Legislature. Countywide (AP)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) ratify the Chair’s signature on Modification No. 001 of the Community Services Block Grant (CSBG) Contract (R2009-1396) with the State of Florida Department of Community Affairs for the period of October 1, 2009, to September 30, 2010, in an amount of $65,566, for self-sufficiency services to low income families; and
B) approve an upward Budget Amendment of $65,566 in the Community Action Program Fund to reconcile grant budget, contingent upon the grant award.
Summary: Modification No. 001 will incorporate base increase funds of $22,758 and carryover funds of $42,808 for a new CSBG total of $961,307. These funds and County matching funds of $192,261 bring the new CSBG Contract total to $1,153,568. The additional funding will enable Palm Beach County Community Action to provide self-sufficiency services to additional low-income families. The emergency signature was used because there was insufficient time to submit through the regular agenda process and meet the grantor’s deadline for returning the application. The County matching funds are included in the Department’s FY 2010 budget. No additional County funds are required. (Community Action Program) Countywide (TKF)
2. Staff recommends
motion to approve: Amendment
No. 002 and No. 003 to Standard Agreement No. IU009-9500 (R2008-2297) for the
Nutrition Services Incentive Program (NSIP) with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. (AAA), for the period October 1, 2008, through
September 30, 2009 to increase the contract amount by $115,522.18 and increase
the reimbursement unit rate to $7.26 per meal, for a new total not-to-exceed
$436,385.45. Summary: AAA informs Older Americans Act (OAA) designated
lead agency service providers, such as the Division of Senior Services, when
unused federal funds are available.
NSIP’s reimbursable rate was revised so that the unused 2008/2009 funds
could be distributed to OAA service providers.
These funds will offset County matching funds expended in FY 2009. In the area south of Hypoluxo Road, the Mae
Volen Senior Center, Inc. currently provides services under a similar grant
from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
3. Staff recommends motion to approve: Community Service Block Grant (CSBG) Policies and Procedure Manual (PPM) which establishes agency guidelines for providing services to assist participants who are at or below 200% of poverty level achieve self-sufficiency. Summary: CSBG is a federal grant that is designed to help reduce poverty. CSBG services enable low-income participants who reside in Palm Beach County to achieve self-sufficiency. The CSBG PPM sets forth the guidelines for service provision and funding distribution. Services include, but are not limited to, obtaining education and skills for employment, utility bill assistance, emergency rental and mortgage assistance and referrals to other community-based agencies. (Community Action Program) Countywide (TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Contract
Renewal No. IH010-9500 and Amendment No. 001 to Standard Agreement No.
IH009-9500 (R2009-1260) for the Home Care for the Elderly (HCE) program with
the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., (AAA), for the
period July 1, 2010, through June 30, 2011, in an amount not-to-exceed $137,826. Summary: This Contract Renewal will allow the Division
of Senior Services (DOSS) to renew the original standard agreement.
Additionally, Amendment No. 001 will: (1) amend section D., the agreement
amount; (2) introduce Section X.4., the use of subcontractors; (3) revise and
replace attachment II, the budget summary; (4) revise and replace attachment
IV, the agreement report schedule; (5) introduce section BBB,
remedies–nonconforming services; (6) update all ancillary dates as appropriate.
This Contract Renewal is funded with $137,826 in State funds and $61,520 in
additional County funds. Sufficient
funding is available in the FY 2010 budget to meet County obligations.
Additional funding required to meet FY 2011 obligations is included in the
proposed FY 2011 budget. In the area
south of Hypoluxo Road, the Mae Volen Senior Center, Inc. currently provides
services under a similar grant from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
5. Staff recommends
motion to approve: Contract
Renewal No. IC010-9500 and Amendment No. 001 to Standard Agreement No.
IC009-9500 (R2009-1258) for the Community Care for the Elderly (CCE) program
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the
period July 1, 2010, through June 30, 2011, in an amount not-to-exceed
$1,022,684. Summary: This Contract Renewal will allow the Division
of Senior Services (DOSS) to renew the original standard agreement.
Additionally, Amendment No. 001 will: (1) amend section D., the agreement
amount; (2) introduce Section X.4., the use of subcontractors; (3) revise and
replace attachment II, the budget summary; (4) revise and replace attachment
IV, the agreement report schedule; (5) update all ancillary dates as
appropriate. This Contract Renewal is funded with $1,022,684 in State funds,
$29,557 in Program Income funds, $113,631 County required match, and $454,814
in additional County funds. Sufficient funding is available in the FY 2010
budget to meet County obligations. County match and additional funding required
to meet FY 2011 obligations is included in the proposed FY 2011 budget. In the area south
of Hypoluxo Road, the Mae Volen Senior Center, Inc. provides services
under a similar grant from the 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
Renewal No. IZ010-9500 and Amendment No. 001 to Standard Agreement No.
IZ009-9500 (R2009-1259) for the Alzheimer’s Disease Initiative (ADI) program
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the
period July 1, 2010, through June 30, 2011, in an amount not-to-exceed $230,810. Summary: This Contract Renewal will allow the Division
of Senior Services (DOSS) to renew the original standard agreement. Additionally, Amendment No. 001 will: (1)
amend section D., the agreement amount; (2) introduce Section X.4., the use of
subcontractors; (3) revise and replace attachment II, the budget summary; (4)
revise and replace attachment IV, the agreement report schedule; (5) introduce
section BBB, remedies–nonconforming services; (6) update all ancillary dates as
appropriate. This Contract Renewal is
funded with $230,810 in State funds, $2,195 in Program Income funds and
$147,484 in additional County funds.
Sufficient funding is available in the FY 2010 budget to meet County
obligations. Additional funding required to meet the FY 2011 obligations is
included in the proposed FY 2011 budget.
In the area south of Hypoluxo Road, the Mae
Volen Senior Center, Inc. currently provides services under a similar grant
from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. DELETED
8. Staff recommends
motion to approve: Contract
Renewal No. IR010-9500 and Amendment No. 001 to Standard Agreement No.
IR009-9500 (R2009-1484) for the Respite for Elders Living in Everyday Families
(RELIEF) program with the Area Agency on Aging of Palm Beach/Treasure Coast,
Inc. (AAA), for the period July 1, 2010, through June 30, 2011, in an amount not-to-exceed
of $96,264. Summary: This Contract Renewal will allow the Division
of Senior Services (DOSS) to renew the original standard agreement. Additionally, Amendment No. 001 will increase
the new contract amount by $4,500.75 and (1) amend section D., the agreement
amount; (2) introduce Section X.4., the use of subcontractors; (3) revise and
replace attachment II, the budget summary; (4) revise and replace attachment
IV, the agreement report schedule; (5) update all ancillary dates as
appropriate. Under this Agreement DOSS
volunteers will provide service hours at a unit reimbursement rate not to
exceed $7.25 for each hour of In-Home Respite and training. This Contract Renewal is funded with $96,264
in State funds and $48,098 in additional County funds. (DOSS) Countywide
(TKF)
9. DELETED
10. Staff
recommends motion to approve:
A) Contract with Treasure Coast Health Council,
Inc. for the period May 1, 2010, through February 28, 2011, in the amount of
$42,000 for Ryan White Part A Treatment Extension Act of 2009 HIV Emergency
Relief Formula funds; and
B) an upward Budget Amendment of $619,106 in the
Ryan White Care Program fund to reconcile the County budget with the grant
budget.
Summary:
Treasure Coast Health Council, Inc. will provide support for the client
database system, CAREWare. Funding consists of $42,000 from the Ryan White
budget. No County funds are
required. (Ryan White) Countywide
(TKF)
11. Staff recommends
motion to approve: Contract
with Treasure Coast Health Council, Inc. for the period March 1, 2010, through
February 28, 2011, in the amount of $128,000 for Ryan White Part A Treatment
Extension Act of 2009 HIV Emergency Relief Formula funds. Summary: The Treasure Coast Health
Council, Inc. will provide the membership activities pertaining to the support
of the Palm Beach County HIV CARE Council for the Department of Community
Services/Ryan White. Funding consists of $128,000 from Ryan White budget funds.
The funding is 100% Federal and no County funds are required. (Ryan White) Countywide
(TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
12. Staff recommends
motion to:
A) approve
Application to the Early Learning Coalition of Palm Beach County requesting
funding for the period of October 1, 2010, through June 30, 2011, in an
approximate amount of $1,255,911 to provide
Voluntary Pre-Kindergarten (VPK) services to 561 children for 540 hours
per child per year; and
B) authorize
the County Administrator or designee to sign necessary documents regarding the
VPK program.
Summary: The FY 2011 VPK
Program will provide early childhood education services to 561 four (4) year
olds currently enrolled in ten (10) of the County’s Head Start centers:
Jupiter, Riviera Beach, West Palm Beach, Westgate, Boynton Beach, Delray Beach,
Lake Worth, Pahokee, South Bay, and Belle Glade. Due to the many documents
required by the Grantor, the delegation of signing authority by the County
Administrator or his designee is being requested to expedite signed documents
getting to the Grantor. The VPK reimbursement rate is $2,666 for 540 hours per
child/per year. No County match is required. (Head Start) Countywide (TKF)
13. Staff recommends
motion to ratify: the Chairman’s signature on a Revised SF424
Grant Application to the U.S. Department of Health and Human Services,
Administration for Children and Families, for the period of October 1, 2010,
through September 30, 2011, in the amount of $15,042,969. Summary:
The Department of Health and Human
Services, Administration for Children and Families issued a revised Financial
Assistance Award Letter increasing the Federal Funding level. This application
reflects the permanent cost-of-living adjustment (COLA) increase of 1.84%
contained in the Fiscal Year 2010 appropriation for the Head Start program. The
emergency signature process was used because there was insufficient time to
submit the item through the regular agenda process. The total amount of the
request is $15,042,196 (Federal), $454,964 from Children’s Services Council and
$3,600,134 from County ad valorem. The County share is included in the proposed
FY 2011 budget. (Head Start) Countywide (TKF)
14. DELETED
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
15. Staff recommends
motion to approve:
Memorandum of Agreement with Quantum
Foundation, the
Palm Health Care Foundation, United Way of Palm Beach County and the Children’s
Services Council of Palm Beach County, providing for the creation and
implementation of the Florida Common Application, a web-based funding
application intended for use by all participating funders. Summary: This Agreement formally establishes a collaboration among funders to
create and adopt a common funding application available to all non-profit and
public agencies submitting applications under various programs. For the County,
this would include the Financially Assisted Agencies Program and programs
established with Community Services Block Grant funds. The funders have determined that the common
application will improve efficiency and lower costs to agencies by eliminating
the need for multiple applications. It is also expected to facilitate the
application review process and the coordination among funders evaluating
proposals. The Agreement obligates the County to pay Quantum Foundation $7,750
in one-time customization costs and to contract with CyberGrants, Inc., a
Massachusetts based internet company, to host and maintain the system on an
annual basis. The County will pay CyberGrants, Inc. $2,500 in start up costs
and approximately $2,000 annually. The
contract for this service will be negotiated and authorized in accordance with
Purchasing Code procedures and ISS requirements. The Memorandum of Agreement, which has been
executed by all parties other than the County, defines a one (1) year term
ending December 31, 2010. The Agreement will automatically renew for all
parties unless a party gives 90-day prior notice of desire not to renew. In that event, the Agreement will
automatically renew for all remaining parties. (Community Services) Countywide
(TKF)
16. Staff recommends motion to approve:
Amendment No. 003 to Standard Agreement
No. IP009-9500 (R2009-0745) for the Emergency Home Energy Assistance Program (EHEAP) with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period January
1, 2009, through March 31, 2010, increasing the agreement by $1,734.11 for a
new total not-to-exceed amount of $180,948.11.
Summary:
AAA informs the designated lead agency service
providers, such as the Division of Senior Services (DOSS), when unused federal
funds are available. The unused 2009 funds are being distributed to DOSS to
increase the spending authority for EHEAP crisis benefits to seniors. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides services under a similar agreement from
the AAA. (DOSS) Countywide except for
portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
17. Staff recommends
motion to:
A) receive and file American Recovery and Reinvestment Act
(ARRA) Cost-of-Living Adjustment (COLA) grant award, for the period of July 1,
2010, through September 30, 2010, in the amount of $65,123; and
B) approve the following Delegate
Agency Agreement Amendments to recognize ARRA COLA funding:
1) Amendment No. 2 to Florence Fuller Child
Development Centers, Inc. (R2009-1481) for $4,786 and a new total not-to-exceed
$1,015,719;
2) Amendment No. 2 to Hispanic Human Resources
Council, Inc. (R2009-1483) for $8,008 and a new total not-to-exceed $1,692,746;
and
3) Amendment No. 2 to YWCA of Palm Beach
County, Inc. (R2009-1482) for $2,577 and a new total not-to-exceed $551,541.
Summary: On June 8, 2010
(R2010-0846), the Board of County Commissioners approved the submittal of the
ARRA COLA Federal Assistance Grant Application for FY 2010 to the Department of
Health and Human Services, Administration for Children and Families
(HHS/ACF). The HHS/ACF has awarded Head
Start COLA funds totaling $65,123. Of that amount ($65,123) - $21,047 is
allocated to delegate agencies, and $44,076 is allocated to the grantee for
operating costs. Staff requested a waiver to the required match, but HHS/ACF
denied the request at time of grant award, so staff reallocated the existing
overmatch towards the required match of $16,281, which was approved by OFMB.
These funds will be a permanent addition to the base grant and is included in
proposed FY 2011 budget. The Delegate Agencies will utilize the monies to increase
salaries, fringe benefits and/or offset operating expenses. A receive and file
is needed to allow the Clerk’s Office to file the fully executed document in
accordance with PPM CW-O-051. Funding is comprised of $65,123 Federal funds,
and required County match of $16,281, which is included in the current FY 2010
budget. (Head Start) Countywide (TKF)
18. Staff recommends
motion to approve: Amendment
No. 001 to the Head Start Contracted Services Expansion Agreement with The
Union Missionary Baptist Church, Inc. (Day Care Center) (R2010-0237), effective
August 17, 2010, to increase the Agreement amount by $4,517 for a new
not-to-exceed total of $96,447, and to increase the number of hours per day
from six (6) to eight (8) hours, in order to extend services provided to Head
Start children and families. Summary:
This Amendment is necessary to
accommodate the increase in service hours provided to 35 children at an
increased rate of $18.06 per hour/child/day for 32 hours. Funding consists of $3,705 in Federal
and $812 in required County match. (Head Start) Countywide (TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to accept: a Quitclaim Deed from Irene Metzger, a/k/a Jerene
Metzger, for a 10’ strip of land containing approximately 660 square feet
adjacent to Parcels W-153 and W-154, west of Palm Beach International Airport
(PBIA) at no cost. SUMMARY: Parcel W-153 (R2001-0289) and Parcel W-154
(R2001-0648) were purchased in 2001. The
owner of Parcel 154 (Metzger) previously owned both Parcels W-154 and W-153,
but sold Parcel W-153 in 1972. Metzger’s 1972 conveyance of Parcel W-153 did
not include the subject 10’ strip. No
separate Parcel Control Number existed for the 10’ strip and records did not
clearly reflect the parcel as being owned by Metzger as a portion of Parcel
W-154. Consequently, the legal description for the 10’ strip was not included
when the County acquired Parcel W-153 and Parcel W-154. Further, title research determined that Mrs.
Metzger is the owner of the 10’ strip.
Mrs. Metzger has agreed to convey the 10’ strip by quitclaim deed at no
cost to the County. Countywide (HJF)
2. Staff
recommends motion to approve: Utility Easement Agreement with Bellsouth
Telecommunications, Inc., d/b/a AT&T Florida (AT&T) for
telecommunications facilities on Department of Airports property between 5th
Street and 6th Street, north of the Palm Beach International Airport
(PBIA) in West Palm Beach. SUMMARY: The Utility Easement Agreement
terminates AT&T’s interest in an existing easement for ingress, egress and
public utilities, and grants to AT&T an easement on adjacent lands, on
which AT&T has existing telecommunications facilities. Countywide (HJF)
3. Staff recommends
motion to approve: Fifth Amendment to Lease Agreement with
Galaxy Aviation of Palm Beach, Inc. (Amendment), providing for a one (1) year
option to license approximately 73,151 square feet of unimproved ground for use
as aircraft apron with an option fee of $11,887 and acceleration in payment of
$273,193 for costs associated with the construction of a public use
taxilane. SUMMARY: Galaxy Aviation of
Palm Beach, Inc., (Galaxy) provides fixed-based operator services for general
aviation aircraft at the Palm Beach International Airport (PBIA), pursuant to a
Lease Agreement (Lease) dated October 18, 2000 (R2000-1067). Galaxy Aviation’s principal place of business
is in Palm Beach County. This Amendment provides for a one (1) year option to
license approximately 73,151 square feet of unimproved ground for a license fee
of $11,887 payable in equal monthly installments, commencing on October 1,
2010. In the event Galaxy exercises its
option to license the property, the initial annual license fee will be $47,548.
In the Fourth Amendment to the Lease (R2009-0750), Galaxy agreed to reimburse
the County for certain costs associated with the construction of a taxilane
over a period of 18 months concurrent with the payment of rent. This Amendment
provides for a single lump reimbursement of the costs in the amount of $273,193
on or before October 1, 2010. This
Amendment also provides Galaxy with a two (2) year extension to complete
construction of certain improvements and for various changes necessary to
reflect issuance of new airport revenue bonds. Countywide (HJF)
4. DELETED
5. DELETED
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve:
A) a Third Amendment to Fuel Farm Facilities
Lease Agreement (R1999-2004D) with Aircraft Service International, Inc. (ASII)
extending the term of the Lease for an additional five (5) years to June 30,
2021; and
B) a
Sixth Amendment to Airport Building/Ground Lease Agreement (R1993-1323D) with
Aircraft Service International, Inc. (ASII) extending the term of the Lease for
an additional five (5) years to June 30, 2021.
SUMMARY: ASII currently leases ground and
improvements
at 1334 North Perimeter Road at
the Palm Beach International Airport (PBIA) for the operation of an
aeronautical support services business.
ASII is a long-term tenant at PBIA with a principal place of business in
Orlando, Florida. The leases are
currently scheduled to expire on June 30, 2016.
ASII was required to make certain improvements to the fuel farm serving
the airlines to comply with new regulatory requirements. The final cost of the
improvements exceeded ASII’s estimated cost by approximately $1 million. As a result of declining fuel revenues, ASII
has requested an extension of the leases to allow ASII to reamortize its
investment in the fuel farm in an effort to avoid increasing fuel prices. The amendments extend the term of the leases
through June 30, 2021. Rental will be established by appraisal for the extended
term. The Third Amendment requires ASII to provide an annual report detailing
monthly fuel sales (in gallons). The Sixth Amendment
requires ASII to obtain an environmental assessment of the property prior to
termination of the lease and to address any potential areas of contamination at
ASII’s sole cost and expense. Countywide (HJF)
7. Staff recommends
motion to receive and file: nineteen (19) original Agreements for the
Department of Airports:
A)
Agreement to Terminate
Hangar Lease Agreement with Air Lynagh, Inc., Unit 15, Building 11720 at North
County Airport, terminating R2005-0169 on June 30, 2010;
B)
Hangar Lease Agreement with
Anthony Bucknole, Unit 9, Building 11240, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on July 18, 2010;
C)
Hangar Lease Agreement with
T. Mitchell Kelly Unit 4, Building 11240, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on June 28, 2010; terminating Hangar Lease Agreement with T.
Mitchell Kelly (R2003-1840) for Unit 2, Building 11720 at North County General
Aviation Airport, same date;
D)
Hangar Lease Agreement with
Charles Orlandi, Unit 9, Building 11220, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on July 1, 2010;
E)
Hangar Lease Agreement with
William G. Siegel, Unit 2, Building 201, at Palm Beach County Glades Airport
for one (1) year, automatically renewed at one (1) year intervals, commencing
on September 1, 2010;
F)
General
Aeronautical Services Permit with American Delivery Services, Inc., commencing October
1, 2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
G)
General
Aeronautical Services Permit with Aramatic Refreshment Services, Inc.,
commencing October 1, 2010, expiring September 30, 2011, automatically renewed
on a year-to-year basis (10/1 through 9/30);
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. MOTION/TITLE CONTINUED
H)
General
Aeronautical Services Permit with Big Sky Aviation, Inc., commencing October 1,
2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
I)
General
Aeronautical Services Permit with Elite Laundry Services of Florida, Inc.,
commencing October 1, 2010, expiring September 30, 2011, automatically renewed
on a year-to-year basis (10/1 through 9/30);
J)
General
Aeronautical Services Permit with GFM Service, Inc., commencing October 1, 2010,
expiring September 30, 2011, automatically renewed on a year-to-year basis
(10/1 through 9/30);
K)
General
Aeronautical Services Permit with Jetstream Ground Services, Inc., commencing October
1, 2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
L)
General
Aeronautical Services Permit with PrimeFlight Aviation Services, Inc.,
commencing October 1, 2010, expiring September 30, 2011, automatically renewed
on a year-to-year basis (10/1 through 9/30);
M)
General
Aeronautical Services Permit with Readyjet, Inc., commencing October 1, 2010,
expiring September 30, 2011, automatically renewed on a year-to-year basis
(10/1 through 9/30);
N)
General
Aeronautical Services Permit with Rio Cleaning Company, LLC, commencing October
1, 2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
O)
General
Aeronautical Services Permit with Rivera Aircraft Detailing, LLC, commencing October
1, 2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
P)
Consent to Sublease for a
Sublease Agreement between Galaxy Aviation of Palm Beach, Inc. and Palm Beach
Jet Group, Inc., commencing July 1, 2010;
Q)
Consent to Sublease for a
Sublease Agreement between Jet Aviation Associates, Ltd. and Enterprise
Aviation Bermuda LTD, commencing June 1, 2010;
R)
Consent to Sublease for
Amendment No. 3 to the Sublease Agreement between Signature Flight Support
Corporation of Palm Beach, Inc. and SEAMCA. C.A., commencing March 1, 2010; and
S)
Airline Service Incentive
Program Participation Agreement for Qualified Flights with American Airlines,
Inc., effective July 23, 2010, expiring one (1) year from effective date,
automatically renewed on year-to-year basis.
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the BCC
in R1994-1453, R2004-1367, R2008-1845, R2009-0634 and R2010-0708. Countywide
(AH)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to:
A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2010 tax roll to be extended prior to completion of the Value Adjustment Board hearings; and
B) direct the Value Adjustment Board to certify the assessment roll as required by State Statutes.
SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2010, and will permit the collection of property taxes prior to completion of the Value Adjustment Board hearings. Countywide (PFK)
2. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, amending Resolution No. R93-282, adopting a policy on travel of County Commissioners, County Commission staff, County Administrator, County Attorney, Internal Auditor adding the Inspector General and the Executive Director of the Commission on Ethics to that travel policy and providing an effective date. SUMMARY: Resolution No. R93-282 authorizes the Board Members, the County Administrator, the County Attorney, and the Internal Auditor to approve their own travel. The amended Resolution provides the Inspector General and the Executive Director of the Commission on Ethics the same authority within their budgets. Countywide (PFK)
3. Staff recommends
motion to approve:
A) a Budget Amendment of $257,152 in the Abacoa Impact Fee Fund; and
B) a Budget Transfer of $502,966 in the Abacoa Impact Fee Fund.
SUMMARY: The Budget Amendment and Transfer recognize
revenues received in FY 2010 and allow the County to appropriate and remit
$760,118 in impact fee revenues to the Northern Palm Beach County Improvement
District to reimburse construction costs for the Donald Ross Road Widening
Project in accordance with an impact fee agreement (R2000-0155) between Palm
Beach County, Northern Palm Beach County Improvement District and the Abacoa
Development Company. District 1
(LB)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to approve: a Contract with Cedars Electro-Mechanical, Inc. for $1,981,000 for the removal and replacement of all four (4) existing Chillers in the Central Energy Plant at the Judicial Center and State Attorney/Public Defender buildings in West Palm Beach. SUMMARY: The scope of the project consists of the replacement of four (4) 650-ton water cooled centrifugal type chillers which provide air conditioning to the Judicial Center and the State Attorney/Public Defender Buildings. The existing chillers are almost 20 years old and at the end of their useful life. One of the units is beyond repair and currently out of service. Two (2) others were recently out of service but are now operational. The units have continued to fail after previous, costly repairs. Under peak summer conditions, up to three (3) chillers are required to maintain proper comfort levels in the buildings. In addition, the chiller refrigerant used has been out of production since 1995 and the diminished availability has increased the operating costs significantly. The replacement units will utilize a compliant refrigerant and would be significantly more energy efficient. For these reasons, delay of this planned replacement will result in additional, unbudgeted operational costs and inability to properly cool these buildings. All funding for this project is from the ad valorem five (5) year Countywide Repair, Replacement and Renovation account. The Small Business Enterprise (SBE) participation for this contract is 100%. The total construction duration is 180 days. Cedars Electro-Mechanical is a Palm Beach County company. (FD&O Admin) District 7 (JM)
2. Staff recommends
motion to approve: Amendment No. 7 to the annual Contract with Hedrick
Brothers Construction (R2007-1506) for construction management services for
various capital projects. SUMMARY:
Hedrick Brothers Construction 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. 7 would provide for services during
the second renewal period and add language to the contract regarding the
County’s policy for the Office of Inspector General. Hedrick Brothers
Construction has a Small Business Enterprise (SBE) participation goal of 15%.
During the three (3) years of the contract, Hedrick Brothers Construction has
achieved 27.7% participation. Hedrick Brothers Construction is a Palm Beach
County company. (Capital Improvements Division) Countywide (JM)
3. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 4 to Contract with Heery International, Inc., (R2006-2219) for program management services for the Jail Expansion Program 2 in the amount of $1,092,145. SUMMARY: CSA No. 4 will provide continued program management services for the West County Detention Facility phase of the Jail Expansion Program through March 31, 2011. The Program Manager will continue to act as an extension of staff assisting in all aspects of the project. This CSA will extend the services required for the West County Detention Facility phase as well as design phase for the Central Detention Facility (Stockade) and adds the necessary language to the contract regarding the applicability of the Inspector General Ordinance and the inclusion of the Inspector General fee into this and future CSA’s. The overall duration of the West County Detention Facility was extended due to a change order resulting from permitting issues, and as a result the construction duration is longer than originally anticipated. Additionally, close out services including commissioning are now stand alone rather than concurrent with the delayed Central Detention Facility. Costs associated with these additional services which may be attributed to errors/omissions by the design professional will be evaluated in accordance with County policy at the completion of construction. Heery staff for this period has been reduced and will be replaced by two (2) County Architectural Field Representatives in order to delay lay-offs of County personnel. CSA No. 4 is funded from the Criminal Justice and Public Improvement Revenue Bond Series 2008. The Small Business Enterprise (SBE) goal for this project is 15%. Heery International’s SBE participation for this CSA is 28.7%. The overall contract SBE participation is 15.3%. (Capital Improvements Division) Countywide (JM)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve:
A) Amendment No. 6 to Contract with Catalfumo Construction, Ltd. (R2007-1217) for construction management services for various capital projects; and
B) Amendment No. 8 to Contract with Catalfumo Construction, Ltd. (R2007-1217) in the amount of $4,694,250 for construction management services for the Homeless Resource Center.
SUMMARY: Catalfumo Construction, Ltd. was selected to provide construction management (CM) 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 and expired on July 9, 2010, due to Board request to postpone consideration to a later date. Amendment No. 6 will provide for services during the second renewal period commencing July 10, 2010 and extending through July 9, 2011. Catalfumo Construction has a Small Business Enterprise (SBE) participation goal of 15%. During the three (3) years of the contract, Catalfumo Construction has achieved 27% participation. Amendment No. 8 will provide for a Guaranteed Maximum Price (GMP) for the renovation of property for a new Homeless Resource Center located at 1000 45th Street, West Palm Beach. Construction will commence upon receipt of a building permit from the City of West Palm Beach. One existing tenant at the property is not required to move until December 31 but construction is structured to continue around his unit. The GMP assumes purchase of all materials required for the work, but supports a material and furniture donation program established by the County. Construction of this project is being funded from Federal Neighborhood Stabilization Program (NSP) Grant money. All applicable Federal Certifications and Representations are included to meet grant specifications. General Conditions pertaining to grant funded projects are applicable. This project also has a Davis-Bacon requirement. In order to comply with federal grant requirements, the County must encumber the funds by September 4, 2010, so items typically purchased or paid for by County directly (e.g. permits, utility fees, etc.) are included in Catalfumo’s GMP. Expenditure of these items will be strictly approved by County and are outside the usual CM fee. Catalfumo Construction, Ltd. is a Palm Beach County firm with 99% of the work performed by Palm Beach County subcontractors. The Small Business Enterprise (SBE) participation for this work is 30%. The SBE percentage has been calculated only on the construction related items typically included in the GMP and not the County requested non-contractor related items. The Inspector General fee does not apply to this contract due to funding source being entirely federal dollars. The duration of the work is 285 days. (Capital Improvements Division) Countywide/District 7 (JM)
5. DELETED
6. Staff recommends motion to approve: an Interlocal Agreement with the Port of Palm Beach District (Port) for the provision of radio maintenance services. SUMMARY: This Agreement provides for the provision of radio equipment maintenance services to the Port, by FDO/Electronic Services and Security. The services are to be charged on an hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime work. In the event that the County must out-source the labor, a separate labor rate is provided. The rates may be adjusted annually with notification by June 1 (effective that following October 1) at the County’s sole discretion, but in no event shall the Port’s fee schedule exceed the fee schedule applied to County departments. The term of the agreement is for three (3) years with one (1) – three (3) year renewal. The Agreement may be terminated by either party, with or without cause with a minimum of three (3) months notice. (ESS) Countywide (JM)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve:
A) an Easement Agreement with Wilhelm Herzer and Jennie D. Herzer for drainage and utilities; and
B) a Temporary Construction Easement with Pronto Enterprises of Palm Beach, Inc. (Pronto) for construction of a retaining wall as part of the overall construction of the new Fire Rescue Station No. 31 located in the Village of Palm Springs.
SUMMARY: Fire Rescue Station No. 31 is located on Lake Worth Road, east of Davis Road, in the Village of Palm Springs. The County will be constructing a new station to replace the existing station. In order to develop and maintain the fire station, the County requires a perpetual drainage and utility easement over a portion of the Herzer's property located east of and adjacent to the County's property. The County also needs a temporary construction easement from Pronto to access their property which is located south of and adjacent to the County's property for the construction of a retaining wall on County property and the right to install a temporary construction fence within Pronto's property. The Temporary Construction Easement will expire and automatically terminate upon the earlier of County's completion of, or ninety (90) days after commencement of, the project. The total area of the easements being granted to the County is 11,982 square feet (0.28 acre). The easements are being granted at no charge. (PREM) District 3 (HJF)
8. 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 County's Central Video Visitation Facility at the Central Detention Center (Stockade) in unincorporated West Palm Beach. SUMMARY: The County is constructing a Video Visitation Facility as part of the expansion of the Stockade. The Palm Beach County Water Utilities Department installed an underground water main for future development at the County's Central Video Visitation Facility. An easement is needed to protect the existing water main. The easement area is approximately 1,975 feet long and approximately 7 to 20 feet wide and contains 38,000 square feet (0.87 acres) and is located on the northern portion of the site. (PREM) District 6 (HJF)
9. Staff recommends motion to approve: an Easement with the Board of Trustees of the Internal Improvement Trust Fund for construction of drainage improvements within State property located adjacent to the West County Jail in Belle Glade. SUMMARY: The County leases approximately 76 acres from the State of Florida for the West County Jail, Drug Farm and other correctional and County facilities. The property is located near the intersection of State Road 80 and State Road 15 in Belle Glade. The County is currently expanding the Jail and other County facilities on the property. The Division of Forestry leases an adjacent 6.57 acres from the State. The finish grade of the County site is 3 to 6 feet higher than the elevation of the Forestry property. The South Florida Conservancy District (District) sub-leases the southern portion of Forestry’s leased property. The District expressed concern that the County’s development might cause their property to flood. At the County's request, Michael B. Schorah and Associates prepared a drainage report which indicated that Forestry’s property would be impacted by the County’s development. The County has agreed to construct drainage improvements within Forestry’s property consisting of a 12’ wide swale, placement of fill and sod, and replacement of 12” pipe which will alleviate any drainage impacts upon Forestry’s property. The cost of the improvements will be $28,988 and is being paid by a Change Order to the existing construction contract for the Jail Expansion Project. The Easement grants the County the right to construct the improvements upon Forestry’s property which is leased from the State. Upon completion of the installation of the drainage improvements, Forestry will be responsible to maintain said improvements. (PREM) District 6 (HJF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to:
A) approve a standard license agreement to be used in the event that the County receives requests for use of County property/facilities for activities related to the Deepwater Horizon Oil Spill Response; and
B) authorize the County Administrator or his designee signature authority to execute the standard license agreement.
SUMMARY: On May 20, 2010, Palm Beach County was declared in a Local State of Emergency due to the Deepwater Horizon Oil Spill (Oil Spill). In response to this State of Emergency, staff is presenting this standard form license agreement which establishes the standard terms and conditions under which the licensee may use County property/facilities for activities to be conducted in connection with the coastal cleanup necessary as a result of the Oil Spill. Staff anticipates that the uses requested may be for: (i) beach cleanup; (ii) the launching of boats; and/or (iii) the temporary storage of materials that require disposal. Prior to a license agreement being issued, the Department of Environmental Resources Management (ERM) and the licensee must mutually agree upon the activities that will be permitted which will be set forth in a project plan (Project Plan) to be attached as an exhibit to the license agreement. Upon approval of the Project Plan by the Director of ERM or his designee, Facilities Development and Operations (FDO) Staff will impose special conditions of use (Special Conditions of Use) based upon the specific activities identified in the Project Plan, which will then be attached as an exhibit to the license agreement. The types of insurance coverage, minimum required limits of coverage and maximum allowable deductibles to be provided by the licensee will: (i) be set forth as a Special Condition of Use; (ii) depend on the nature of licensee’s proposed use as set forth in the Project Plan; and (iii) be determined upon consultation with the County’s Risk Management Department. In any instance that the standard terms (other than indemnification and insurance) are modified, Staff will notify the Board. A licensee fee will only be imposed if there is a loss of revenue to the County or its concessionaires resulting from the license. If warranted by the Project Plan, the standard terms and conditions of the license agreement may be modified upon the approval of both the County Attorney’s Office and the Director of FDO (FDO Director). The FDO Director will sign the license agreement for use of County property/facilities on behalf of the County. (FDO Admin) Countywide (SF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to receive and file: an Agreement funded under the Community Development Block Grant Recovery (CDBG-R) Program, with Village of Hope of Palm Beach County, Inc., in the amount of $183,082 for the period of April 1, 2010, to March 31, 2011. SUMMARY: On June 2, 2009, the Board of County Commissioners (BCC) approved the 11th Amendment to the Palm Beach County FY 2008-2009 Action Plan which allocated CDBG-R grant funds to Village of Hope of Palm Beach County, Inc., to enable them to undertake an infrastructure improvement project. CDBG-R funds were made available under the American Recovery and Reinvestment Act of 2009 (ARRA). Palm Beach County was allocated a total of $1,846,758 under ARRA for public service activities, capital improvement activities, economic development activities, and for planning and administrative costs. The County Administrator executed this Agreement under the authority provided by the BCC on June 2, 2009 (R2009-0901). These are Federal Community Development Block Grant Recovery Program Grant funds that do not require a local match. District 1 (TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends motion to receive and file: an Agreement in the amount of $2,471,592.85 with the West Palm Beach Housing Authority (WPBHA) for the period June 15, 2010, to October 22, 2010. SUMMARY: This Agreement provides funding under the 2005 Disaster Recovery Initiative (DRI) Program - Supplemental Appropriation, for the continuation of two (2) projects that were commenced under Agreement (R2009-0995) for the Colony Oaks project and Agreement (R2009-0996) for the Twin Lakes project both of which expired with the expiration of the DRI Grant Agreement with the Florida Department of Community Affairs. The $2,482,200 funded through the expired Agreements, less funds expended on these projects to date, are being recommitted to these projects through this one Agreement that combines both projects. Under this Agreement, the WPBHA will receive the remaining $2,471,592.85 for hurricane hardening improvements at its Colony Oaks and Twin Lakes properties. The WPBHA has bid the project and the award of the bid is under review by HCD. Approval of this 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. However, a one (1) year time extension to the Grant Agreement with the State is currently being processed, upon the receipt of which, a commensurate time extension will be given to the WPBHA. 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 that require no local match. Districts 6 & 7 (TKF)
3. Staff recommends
motion to approve: an Amendment
to the Program Guidelines for the Neighborhood Stabilization Program (NSP-1)
funded Residential Redevelopment Program to allow for the rehabilitation cost
of up to $30,000 per unit for multi-family units. SUMMARY: On November 18, 2008, the
Board of County Commissioners (BCC) approved the application which was
submitted to U.S. Department of Housing and Urban Development (HUD) for funding
under the NSP-1. This included the
request for $5,000,000 to fund a Residential Redevelopment Program which would
allow non-profit agencies, municipalities and other public agencies to purchase
and rehabilitate (if necessary) vacant, abandoned and foreclosed residential
properties, which would then be resold or leased at affordable prices/rents to
eligible homebuyers or renters for use as their primary residence. On April 21,
2009, the Board of County Commissioners approved Guidelines for the Residential
Redevelopment Program (Agenda Item 6D-2).
The proposed Amendment would increase the rehabilitation cost limit for
multi-family units from $15,000 to $30,000.
Increasing the rehabilitation cost to no more than $30,000 per
multi-family unit would allow for the acquisition and rehab of more distressed
properties that otherwise would not be able to be acquired under the NSP
Residential Redevelopment Program. The acquisition and subsequent
rehabilitation of these multi-family units would allow for the obligating of
NSP funds that otherwise would not be obligated. This is critical since HUD has mandated that
all NSP funding must be obligated on or before September 4, 2010. This
Amendment will assist in meeting that deadline. Countywide (TKF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to receive and file: an Agreement with City of Delray Beach, for
the period of June 1, 2010, to September 16, 2010, to provide $697,904.29,
under the 2005 Disaster Recovery Initiative (DRI) Program. SUMMARY: This Agreement provides DRI funding for the continued
implementation of a housing rehabilitation program by the City of Delray Beach
(City). The City commenced the
implementation of the rehabilitation program under Agreement (R2008-1482) which
expired with the expiration of the DRI Grant Agreement with the Florida
Department of Community Affairs. The
$980,000 funded through the expired Agreement, less funds expended on the
completed work to date, are being recommitted to the continued implementation
of the City’s housing rehabilitation program through this Agreement. Under this Agreement, the City will receive
the remaining $697,904.29, for rehabilitation assistance to qualified low
income property owners, for temporary relocation costs, and for the services of
a City inspector. The DRI Grant
Agreement with the Florida Department of Community Affairs has now been
extended to September 16, 2010. The
expiration date of this Agreement coincides with the new expiration of the
Grant Agreement with the State. However,
a one (1) year time
extension to the Grant Agreement with the State is currently being processed,
upon the receipt of which, a commensurate time extension will be given to the
City. The County Administrator executed this
Agreement under the authority provided by the Board of County Commissioners on
July 18, 2006 (R2006-1351). These are Federal Community Development
Block Grant funds that require no local match. District 7 (TKF)
5. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2010-1036) with the Village of Wellington to expand the types of properties that may be acquired under the Agreement, and to increase the allowable cost of rehabilitation. SUMMARY: This Amendment adds single family detached dwelling units and townhouses to the multi-family dwelling units that may be purchased under the Agreement. The Amendment also allows for the acquisition of properties in various stages of the foreclosure process, properties with mortgage or real estate delinquency, and properties subject to code enforcement, in addition to those that have already been fully foreclosed upon and those acquired by lenders by means of a deed in lieu of foreclosure. Furthermore, the Amendment increases the maximum amount of rehabilitation costs for multi-family properties from $15,000 to $30,000 per unit. These are Federal Neighborhood Stabilization Program Grant funds that require no local match. District 6 (TKF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Budget Amendment of $3,990,000 in the Water
Utilities Department (WUD) Capital Improvement Fund to recognize the Financial
Assistance Award with the U.S. Department of Commerce, Economic Development
Administration (EDA). SUMMARY: On
May 4, 2010, the Board of County Commissioners (BCC) ratified a “Financial
Assistance Award” with the EDA in the amount of $3,990,000 for the design and
construction of wastewater infrastructure owned by the Glades Utility Authority
(GUA), within their utility service area. WUD will manage the project for the GUA.
The project will be funded from WUD’s Capital Improvement Fund. The GUA will be
reimbursed by EDA for the project costs and repay WUD from these funds. The
Amendment is necessary to provide the expenditure budget necessary to award the
related contract(s) and recognize the corresponding funding to be received from
the GUA. No work can begin on the project until the budget is established. (WUD
Project No. 10-062) District 6
(MJ)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
2. Staff recommends
motion to approve:
A) a Contract with R.J.
Sullivan Corporation to construct the Southern Region Water Reclamation
Facility (SRWRF) Effluent Flow Delivery Modifications in the amount of
$1,349,500;
B) Change Order No. 1 to
this Contract in the deductive amount of $279,865, deleting materials and
equipment for the purpose of sales tax recovery and designating R.J. Sullivan
Corporation,
as the County’s agent for the inspection and receipt of the materials; and
C) Purchase Orders with
vendors of the materials and equipment in the amount of $264,000.
SUMMARY: On
May 27, 2010, twelve (12) bids were received for construction of the SRWRF Effluent
Flow Delivery Modifications project with R.J.
Sullivan Corporation being the lowest
responsive responsible bidder based on SBE participation in the amount of $1,349,500. This
project provides low pressure pumps to the reclaimed water filters,
Wakodahatchee and Green Cay wetlands thereby reducing overall pumping costs and
energy usage. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15.00%
overall. The contract with R.J. Sullivan
Corporation provides for SBE
participation of 17.40%. R.J. Sullivan
Corporation is a local Palm Beach County Company. (WUD Project No. 07-002) District
5 (JM)
3. Staff recommends motion to approve: Work Authorization No. 6 in the amount of $442,820 with Sheltra & Son Construction Co., Inc. (R2009-0944) for construction of the Wastewater Lift Station Rehabilitation No. 951 and 1080. SUMMARY: On June 2, 2009, the Board of County Commissioners approved the Water Utilities Department Continuing Construction Contract with Sheltra & Son Construction Co., Inc. (R2009-0944). This Work Authorization provides for the rehabilitation of two (2) lift stations within the Department’s wastewater collection system. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with Sheltra & Son Construction Co., Inc. provides for SBE participation of 15.00% overall. This Authorization includes zero overall participation. The cumulative SBE participation, including this Authorization, is 15.09% overall. (WUD Project No. 08-009) District 5 (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to adopt: a Resolution requesting that the Florida Department of Environmental Protection (FDEP) review a funding application and support funding for shoreline protection projects within its Fiscal Year 2011/2012 Beach Erosion Control Assistance Program. SUMMARY: The County is requesting that the State appropriate $1,960,378 for the Jupiter/Carlin Shore Protection Project, $450,000 for the Jupiter Beach Erosion Control Project, $150,000 for the Juno Beach Shore Protection Project, $2,448,105 for the Singer Island Shore Protection Project, $1,650,000 for the Central Palm Beach County Comprehensive Erosion Control Project, $53,000 for the South Lake Worth Inlet Management Plan, and $164,703 for the Ocean Ridge Shore Protection Project. If the State Legislature approves funding for all of the projects, the County’s matching share would be $6,042,927. There is no fiscal impact until State funding is appropriated and a project agreement is executed. If State funds were to be appropriated for the projects and County funding is found to be insufficient to match the State-funded project, other funding sources could be considered, such as short-term borrowing, securing bonds, or delaying the design and construction of other projects already funded. Districts 1, 4 & 7 (SF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve: an Agreement
with the Palm Beach County Sheriff’s Office (PBSO) to provide continued law
enforcement services on County-owned conservation lands and natural areas for a
period of 36 months beginning October 1, 2010, and ending September 30,
2013. SUMMARY: The PBSO has
provided law enforcement services under an Agreement since November 20, 2001,
(R2001-2048, R2005-1361, R2007-1634).
Approval of this Agreement will provide four (4) full-time deputies
(reduced in 2007 from five (5) because of budgetary cut-backs) properly trained
to patrol the County’s conservation lands and natural areas. Funding of
$442,491 for this Agreement is included in the FY2011 budget request. The
Agreement provides that an additional deputy may be added to this Agreement if
outside funding sources can be arranged. The Agreement is presented unsigned,
because PBSO policies require that entities contracting for their services sign
the Agreement before the Sheriff signs the Agreement. Countywide (SF)
3. Staff recommends motion to approve: Interlocal Agreement with the City of Boca Raton (City) for management of the Yamato Scrub Natural Area, a 217-acre tract of environmentally sensitive land located within the City. SUMMARY: On June 5, 2001, the County entered into an Interlocal Agreement with the City (R2001-0878) to manage the natural area with the assistance of the City. The City has constructed segments of the El Rio Shared-Use Trail (Trail), a concrete multiuse path, to the north and south of the natural area and on a City-owned parcel immediately adjacent to a portion of the natural area, as part of the implementation of the City’s bicycle, pedestrian, greenways and trails master plan. The City now wishes to construct a “missing link” segment of the Trail on a state-owned portion of the natural area and has obtained federal transportation enhancement funds for the project. The State has granted permission for this work through the Florida Department of Environmental Protection. Because of the number and types of changes needed to update the Agreement, staff determined that it would be more appropriate to prepare a new Agreement than to revise the existing Agreement. The new Agreement will supersede the June 5, 2001 Agreement. The Trail and associated landscaping, benches, fencing and several management access gates will be designed and paid for by the City and constructed under City supervision, with County oversight. The City will provide and maintain a temporary irrigation system to ensure the establishment of the landscaping, and will manage and maintain the Trail as part of the public access facilities on the natural area. The new Agreement will be included in the first revision of the management plan for the natural area, which is anticipated to be reviewed by the Board in 2011. The City Council approved the Agreement on July 13, 2010. District 4 (SF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES
MANAGEMENT (Cont’d)
4. Staff recommends
motion to receive and file: five
(5) original documents for the Department of Environmental Resources
Management:
A) Amendment No. 1 with the
Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No.
08265 to extend the end date of the Artificial Reef Monitoring Project;
B) Amendment No. 4 with the Florida Department of Environmental Protection (FDEP) Grant Agreement No. LP6077 to extend the end date beyond the current authorized funding period for the Chain of Lakes Restoration Project;
C) Task Assignment No. 4 with FDEP Contract GC680 for contracted services related to petroleum storage tank compliance;
D) Amendment of Contract No. 014972 with the Florida Department of Agriculture and Consumer Services (FDACS) for mosquito control services; and
E) Amendment No. 4 with the FDEP Agreement No. LP6046 for revision to the
project work plan (funding plan) by reallocating $136,593 of FDEP’s budget for
Amendment 1 to FDEP’s Amendment 2.
SUMMARY: A) Grant Agreement No.
08265 was approved on April 7, 2009 (R2009-0572) with the FWC which provides
for monitoring thirty-one (31) reefs, including nine (9) artificial reefs built
using construction grants from FWC. Delegated authority to sign time
extensions was provided at that time. No ad valorem support is required for
this amendment; B) FDEP Grant
Agreement No. LP6077 was approved on April 4, 2006 (R2006-0579) to reimburse
the County for a portion of the construction of the Chain of Lake Restoration
project. Delegated authority to sign time extensions was provided at that time.
No ad valorem support is required for this amendment. C) FDEP Contract GC680 was approved on June 5, 2007 (R2007-0882)
for activities in the Pollutant Storage Tank Compliance Verification Program.
Delegated authority to sign task assignments was provided at that time. No ad valorem support is required for this
task assignment. D) Contract No. 014972 was approved on September 1, 2009
(R2009-1425) with FDACS for reporting requirements associated with mosquito
control services. The amendment reduces the project amount from $39,000 to a not
to exceed amount of $36,873.37 which is payable in equal quarterly installments
upon receipt of required reports for the period of October 1, 2009, through
September 30, 2010. Delegated authority to sign minor amendments
was provided at that time and is in accordance with CW-F-003 Grant
Administration, for agreements less than $100,000 where no change in match
requirements are involved. E) Agreement No. LP6046 with the FDEP
was approved on April 4, 2006 (R2006-0583) to
reimburse up to $1,000,000 for projects under the Lake Worth Lagoon Partnership
Grant Program. Additional amendments have been executed to increase the award
to $7,000,000. Delegated authority to sign minor amendments that do not change
the scope of work was provided at that time.
Amendment No. 4 allows FDEP to redistribute $136,593 from Amendment No.
1 Funding Plan to Amendment No. 2 Funding Plan to allow for delays in
construction attributed to Amendment No. 1 as an internal accounting
adjustment. There is no change in the scope of work for any of the projects or
change in the award. No ad valorem support is required for this amendment. Countywide (SF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to:
A) approve Grant Agreement No. 08PB4 with the Florida Department of Environmental Protection (FDEP) in the amount of $5,226,738 for cost-sharing on the Juno Beach Nourishment Project (Project) through December 31, 2013;
B) approve a Budget Amendment of $93,086 in the Beach Improvement Fund to recognize additional revenue from the Agreement; and
C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Grant Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY:
This Agreement reflects State funding of $5,133,652 carried forward from
Agreement No. 08PB1 (R2009-0111) which has expired and an additional $93,086
for additional monitoring through December 31, 2013. Under the terms of the Grant Agreement, FDEP
will reimburse 50% of the non-federal Project costs or up to $5,226,738. The remaining $5,226,738 is funded from a combination
of tourist development taxes, interest and reserves in the Beach Improvement
Fund. District 1 (SF)
6. Staff recommends
motion to:
A) approve Agreement (Contract No. 016068) with the Florida Department of Agriculture and Consumer Services (FDACS) for mosquito control reporting requirements performed by the Department of Environmental Resources Management, for the period October 1, 2010, through September 30, 2011 for an amount not to exceed $37,000; and
B) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of this Agreement.
SUMMARY: The Agreement provides Arthropod Control State Aid of up to $37,000 in quarterly installments with monthly reporting requirements regarding mosquito control activities to the FDACS. The County is considered a contractor with the State and therefore no match is required. Countywide (SF)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff recommends motion to:
A) accept Cooperative Agreement L10AC 20019 with the U.S. Bureau of Land Management (BLM) for the engineering and design of a shoreline stabilization project at the Jupiter Inlet Lighthouse Outstanding Natural Area, commencing June 29, 2010 and ending July 30, 2011 in an amount not to exceed $186,440.46;
B) approve Budget Amendment of $186,441 in the Natural Areas Fund to recognize the award; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
SUMMARY: The BLM Cooperative Agreement will provide $186,440.46 in funding for a shoreline stabilization project at the Jupiter Inlet Lighthouse Outstanding Natural Area on a reimbursement basis as authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). No matching funds are required. The project will require the County to provide an engineering design and prepare those documents needed to submit the project for permitting, and respond to requests for additional information as the project proceeds through the permitting process. A Land Stewardship Memorandum of Understanding (MOU) with the BLM to collaborate on the joint management of the Jupiter Inlet Natural Area was approved on January 15, 2008 (R2008-0072). District 1 (SF)
8. Staff recommends
motion to approve:
A) annual Contract with Applied Technology & Management, Inc. (ATM) for continuing professional coastal and marine engineering consultant services, effective for two (2) years through August 16, 2012; and
B) annual Contract with Olsen Associates, Inc. (Olsen) for continuing professional coastal and marine engineering consultant services, effective for two (2) years through August 16, 2012.
SUMMARY: ATM, a Palm Beach County company, and Olsen, a Jacksonville, Florida company, will provide professional coastal and marine engineering services on a task order basis for various projects within the Department of Environmental Resources Management and other departments. These Contracts include the necessary language regarding the applicability of the Inspector General Ordinance (IG Ordinance) and the inclusion of the Inspector General fee into future task orders with ATM and Olsen. ATM has agreed to SBE-M/WBE participation of 15%. Olsen has agreed to SBE-M/WBE participation of 38%. The Contracts contain an option to renew for one (1) additional year. Countywide (JM)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
9. Staff recommends
motion to approve:
A) State of Florida Department of Transportation (FDOT) Local Agency Program Supplemental Agreement No. 1 for Historic Jupiter-Indiantown Trail from Mack Dairy Road to Jupiter Farms Road (FM No. 425259-1-58-01) that modifies Local Agency Program Agreement R2010-0343 (Agreement) to: 1) reduce funding by $291,481.05, 2) extend the time for completion of the funded project to June 30, 2011, and 3) add an Exhibit L; and
B) Budget Amendment of $291,481 in the Environmental Capital Projects Fund to recognize the reduction in Agreement funding.
SUMMARY: Per current FDOT practice, the Florida Stimulus Scenic
Enhancement (FSSE) funding for construction of this phase of the Historic
Jupiter-Indiantown Trail (Project) is being reduced because the bid price is
lower than was estimated. The Supplemental Agreement amount of $458,519 equals
the bid price for items that are FSSE eligible plus a 12% allowance for
construction engineering inspection. The time extension is needed to allow for
weather and other contingencies that may interfere with completion of the
Project. Exhibit L incorporates landscaping into the Project as a funded item.
No matching funds were required. District 1 (JM)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Use Agreement with U.S. Coast Guard Auxiliary,
Flotilla 51 of the Palm Beaches for
the period August 17, 2010, through August 16, 2011, for use of the multipurpose room in the Marine Center Building at
Phil Foster Park to conduct boating safety classes, organizational meetings,
and to serve as a check in location for courtesy boat inspections. Summary: U.S.
Coast Guard Auxiliary, Flotilla 51 of the Palm Beaches has requested the use of
the multipurpose room in the Marine Center Building, located in Phil Foster
Park. Flotilla 51 provides services to
the public to include public education programs, boating safety classes and
courtesy boat inspections. With this Use Agreement, these services can continue
according to a mutually agreeable schedule, at no cost to Flotilla 51. The term of the Use Agreement is for one (1)
year, commencing on the date of approval, and is automatically renewed from
year to year thereafter, until one party gives the other party 90 days written
notice prior to the anniversary date that this Use Agreement will not be
renewed for another year. District 1
(AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends motion to approve: an Agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY 2011. SUMMARY: This Agreement provides funding for the Palm Beach Soil and Water Conservation District’s (“District”) Resource Conservation Activities. The District provides resource conservation services to rural, agricultural, and urban communities to facilitate soil and water conservation in Palm Beach County. Services include soil information and technical assistance to improve water quality and quantity and soil planning in Palm Beach County. Countywide (AH)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
A) Waiver of prohibited relationship for Michele Carter and
Thomas Bell of Gulfstream Goodwill Industries, Inc., who sits as an advisory
board members on the Homeless Advisory Board;
B) a
Contract with Gulfstream Goodwill Industries, Inc., a not-for-profit agency,
for $61,000 for the period of September 1, 2010, through March 1, 2011, for the
provision of home detention monitoring services to juveniles; and
C) a Budget Transfer of $61,000 from the Criminal Justice
Fund reserves to establish budget for this project.
SUMMARY:
Michele Carter and
Thomas Bell are employees of Gulfstream Goodwill Industries, Inc. and are also
members the Palm Beach County Homeless Advisory Board. Per the County’s
Code of Ethics, this may be perceived as a prohibited relationship and Ms.
Carter and Mr. Bell are disclosing this and requesting a waiver under the
requirements of the Code. Staff recommends approval of the waiver. Palm
Beach County has received a direct award of $1,246,822 as part of the FY 2009
American Recovery and Reinvestment Act - Justice Assistance Grant (JAG): Local
Solicitation. This award was received
and filed by the Board of County Commissioners on October 6, 2009 as
R2009-1700. The monitor will have
face-to-face contact as well as indirect contact of juveniles on an
unannounced, around the clock basis.
Contact will be made at random, initially within 24 hours of placement
under Gulfstream Goodwill Industries’ supervision toward the goal of linking participating juveniles and families
with community resources to help enhance life skills and reinforce proactive,
acceptable social behavior. There is no
match requirement for the Byrne Grant. Countywide
(DW)
2. Staff recommends
motion to approve: an Amendment to the Interlocal Agreement (R2010-0661) with Florida
Atlantic University for a no cost extension for the period October 1, 2010,
through September 30, 2011 to support the Restorative Justice Project. SUMMARY: The Criminal Justice
Commission recommended the use of ARRA JAG funds and Criminal Justice Reserve
Funds up to the amount of $100,000 for the following project. There are
unexpended funds from this project due to delays in the approval process from
the Department of Justice. The Florida Atlantic University Restorative Justice
Program will develop at least one school-based demonstration program based on a
restorative alternative to suspension, and/or a reentry process back into
school after suspension and expulsion; integrate restorative dialogue processes
into existing “Youth Empowerment Centers” as a means to help ensure that high
risk and academically challenged youth can successfully remain in, and graduate
from, high school; provide training and technical assistance in restorative
justice practice targeted to school personnel, juvenile justice staff, school
resource officers and police, and community members; and develop and report
initial outcome measures, while formulating a longer-term research design and
protocol for formative (and later impact) assessment of the pilot programs’
effectiveness. Countywide (DW)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to:
A) receive and file a Grant
from the Florida Department of Law Enforcement (FDLE) for the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program for $197,797 for October 1,
2009, through September 30, 2010;
B) approve a Contract
Amendment with the City of West Palm Beach (R2007-0706), for $98,900 for the
contract period from October 1, 2009, to September 30, 2010 to support the City
of West Palm Beach “Weed and Seed” efforts; and
C) approve a Budget Amendment of $98,900 in the General
Fund to establish budget for the project.
SUMMARY:
The Criminal Justice Commission recommends the use of $98,900 from the JAG
Program for the continuation of “seeding” services and to extend the existing
contract period to September 30, 2010. The grant application was executed by
the Board of County Commissioners on August 18, 2009 as Resolution
R2009-1314. The delay in processing this
grant in an expeditious manner was caused by delays in the approval process
with state agencies and local municipalities. There is no match requirement for
JAG funds. District 7 (DW)
4. Staff recommends
motion to:
A)
receive and file a Grant from the Florida Department of Law
Enforcement (FDLE) for the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program for $64,000 for October 1, 2009, through September 30, 2010;
B) approve an Interlocal Agreement with the City of Riviera Beach for
$64,000 for the contract period from October 1, 2009, to September 30, 2010 to
support the City of Riviera Beach’s “Weed and Seed” efforts; and
C) approve a Budget Amendment of $64,000 in the General
Fund to establish budget for the project.
SUMMARY:
The Criminal Justice Commission recommends the use of $64,000 from the JAG
Program for the continuation of “seeding” services that involve law enforcement
intervention and prevention. The grant application was executed by the Board of
County Commissioners on August 18, 2009 as Resolution R2009-1314. The delay in processing this grant in an
expeditious manner was caused by delays in the approval process with state
agencies and local municipalities. There is no match requirement for JAG funds.
District 7 (DW)
5. Staff recommends
motion to approve:
A) a Budget Transfer of $195,000 from the Juvenile
Assessment Center (JAC) Donation Fund Reserves to the Palm Beach Sheriff’s
Office (PBSO) who will serve as the fiscal agent for JAC security expenses; and
B) a Budget Amendment of $195,000 increasing the Sheriff’s
Grants Fund.
Summary: Requested
funds of $195,000 will provide for a portion of the required security at the
JAC for FY 2011, with the remaining funding coming from grants. PBSO has
agreed to serve as the fiscal agent to administer the provisions noted
above. PBSO currently contracts for
security in the secure side of the JAC and previously funded the cost of
security. Countywide (DW)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends motion to receive and file: two (2) original standard agreements for the Fire Rescue Department:
A) Interlocal Agreement for Swimming Lessons with the City of West
Palm Beach; and
B) Interlocal Agreement for Swimming Lessons with the Village of Wellington.
SUMMARY: On September 27, 2005, the Board adopted Resolution No. R2005-1906 authorizing the County Administrator, or his designee (the Fire Rescue Administrator) to execute standard agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, two (2) standard County agreements that have been executed by the County Administrator, or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (PK)
2. Staff recommends
motion to approve: Memorandum of Agreement with the Children’s Services
Council of Palm Beach County providing the County funding of up to $50,000 for
the Drowning Prevention Coalition for the period October 1, 2010, to September 30,
2011. SUMMARY: The Drowning Prevention Coalition program is managed by
Palm Beach County Fire Rescue. However, the program is funded by multiple
sources including the Children’s Services Council (CSC) of Palm Beach County
and the County’s general fund. This
Memorandum of Agreement provides the terms and conditions of the Children’s
Services Council of Palm Beach County’s agreement to provide funding to the
County of up to $50,000 for the Drowning Prevention Coalition program. The additional funding of this program for FY
2011 is being provided from the County’s general fund in the amount of
$150,000. Countywide (PK)
T. HEALTH DEPARTMENT
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, adopting
the FY 2010/2011 budget for the Air Pollution Control Program. Summary: This Resolution is required by the August 21,
1984, Agreement between the Board of County Commissioners and the Palm Beach
County Health Department (PBCHD) to establish the annual budget for the
expenditure of fees deposited into the Air Pollution Control Trust Fund. This program is solely supported by motor vehicle
license registration fees. The proposed
FY 2010/2011 budget for the Air Pollution Control Program from this funding
source is $960,000 which is a slight decrease (<0.5%) over the current
year. This budget can be accommodated by
future revenues and a surplus in the Air Pollution Control Trust Fund.
Countywide (GB)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) approve Task Order No. 3 to Contract R2006-2516 with Surdex Corporation in the amount of $249,658.58 to complete countywide digital ortho photography mapping; and
B) receive and file BAE Systems Task Order No. 4.
SUMMARY: Three (3) firms were selected using the Consultant Competitive Negotiations Act (CCNA) process, contracted on November 21, 2006 to perform digital ortho photography and planimetric mapping for the County (R2006-2516, R2006-2517, and R2006-2518). This Task Order No. 3 with Surdex Corporation, a Missouri-based company, that subcontracts approximately 8% of their work to PRISM Survey, Inc., a Palm Beach County firm, is to complete countywide digital orthos photography mapping in the amount of $249,658.58 to be funded by a USGS ARRA Grant Award No. G10AC00135 received by Palm Beach County on March 23, 2010, R2010-0437. BAE Systems (R2006-2517) Task Order No. 4, which was under $100,000 and previously executed is submitted for receive and file purposes. Countywide (PFK)
2. Staff recommends motion to approve: an Agreement with Nonprofits First, Inc. (Non-Profit Organization) to connect to the Palm Beach County Regional Network (County) at a monthly metered usage rate of $50 per megabit for an estimated annual cost of $1,800, for an initial term of one (1) year, with automatic one (1) year renewals unless notice given by either party. SUMMARY: This Agreement allows Non-Profit Organization to access Palm Beach County network services on a cost sharing basis similar to the existing Interlocal Agreements with the County and various municipalities, as well as the Seacoast Utility Authority, Health Care District, and the Kravis Center for the Performing Arts. Interconnection to the County’s Network will provide greater bandwidth for Internet access and disaster recovery programs while reducing Non-Profit Organization’s overall network costs. Non-Profit Organization agrees to pay County the monthly metered usage rate of $50 per megabit to access the Palm Beach County Network. Per Exhibit A of the Agreement, if Non-Profit Organization’s calculated usage charge exceeds $250 per month and the usage is determined to be valid, County and Non-Profit Organization will modify the Agreement to accommodate the increased usage with an appropriate rate adjustment. This Agreement provides for disclosure of County Ordinance No. 2009-049 establishing the Office of the Inspector General. District 7 (PFK)
3. Staff recommends motion to approve: the First Amendment to the Agreement (R2010-0278) with The Raymond F. Kravis Center for the Performing Arts, Inc., (Non-Profit Organization) for connection to the Palm Beach County Regional Network (County) to expand network services to include the provision of public wireless services with first year revenue to the County estimated at $12,480. SUMMARY: The Non-Profit Organization has requested that County add the provision of public wireless services at their facilities to the existing suite of services agreed to in February 2010. Additionally, the Amendment will address the reimbursement by Non-Profit Organization to County for any equipment expenditures required for continued or expanded levels of network services and includes the required language pertaining to non-discrimination and the Inspector General. District 2 (PK)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file an executed agreement with Florida Council
Against Sexual Violence (Contract No. 10OAG26) to receive grant funds in the
amount of $20,057 for the period July 1, 2010, to June 30, 2011 to provide
sexual battery recovery services;
B) receive and file an executed agreement with Florida Council
Against Sexual Violence (Contract No. 10RCP26) to receive grant funds in the
amount of $180,672 for the period of July 1, 2010, to June 30, 2013 to provide
sexual battery recovery services. $60,224 of the $180,672 is allocated for the
first grant year (July 1, 2010 to June 30, 2011);
C) approve a Budget Amendment of $200,729 in the
Public Safety Grants fund to adjust the budget to the actual grant awards.
SUMMARY: These are
annual grants that are received by the Division of Victim Services. The funds will be used to provide sexual
battery recovery services to victims. Resolution R2006-0096 authorizes the
County Administrator or his designee to execute FCASV grant contracts on behalf
of the County. No County match is
required. Countywide (GB)
2. Staff recommends
motion to:
A) receive and file a copy of executed grant agreement with the
State of Florida, Division of Emergency Management to receive grant funding in
the amount of $6,000 for Citizen Corps program initiatives for the period of
October 1, 2009, through April 30, 2012; and
B) approve a Budget Amendment of $6,000 in the
Emergency Management (EM) grant fund to establish the grant budget.
SUMMARY: This is an annual grant (R2009-0794) from
the Florida Division of Emergency Management for Citizen Corps Council
activities in Palm Beach County which coordinates the efforts of volunteer
organizations through education, training, and volunteer service to make
communities safer, stronger, and better prepared to respond to the threats of
terrorism, crime, public health issues, and disasters of all kinds. R2006-0401
gave authority to the County Administrator, or his designee, to execute these
agreements on behalf of the Board of County Commissioners. No County match is required. Countywide (GB)
3. Staff recommends
motion to:
A) receive and file a copy of the executed grant agreement with
the State of Florida, Division of Emergency Management for grant funding in the
amount of $10,000 for Community Emergency Response Team (CERT) program
initiatives for the period of October 1, 2009, through April 30, 2012; and
B) approve a Budget Amendment of $10,000 in the
Emergency Management (EM) grant fund to establish the grant budget.
SUMMARY: This is an annual grant (R2009-1705) from
the Florida Division of Emergency Management for CERT
program activities. Funding is used to provide training to Palm Beach County
citizens and to purchase required supplies.
R2006-0401 gave authority to the County Administrator, or his
designee, to execute these agreements on behalf of the Board of County
Commissioners. No County match is required. Countywide (GB)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A) receive and file the original executed Service Grant Agreement
with Child & Family Connections (CFC) for a total amount not to exceed
$34,651 per fiscal year for the Division of Justice Services supervised
visitation services provided by the Family Connections program. This service
agreement shall be effective as of July 1, 2010 and shall automatically renew
annually;
B) receive and file the executed Addendum to the CFC Contract
to allow for reimbursement from CFC for the period July 1, 2010, through July
8, 2010 for which no legal contract was in effect, according to the terms and
conditions of SA-PCC-011; and
C) approve a Budget Amendment of $1,831 in the General
Fund to adjust the budget to the actual grant award.
SUMMARY: The Family
Connection program provides supervised family visitation services for families
who are subject to court ordered supervised family visitation. Resolution R2005-1588 authorizes the County
Administrator or his designee to execute grant contracts with Child & Family
Connections to provide supervised visitation services. The
grant does not require any County cash match; however a County in-kind match of
$3,850.12 for state fiscal year 2009-2010 is required. Countywide (GB)
5. Staff recommends
motion to:
A) approve the standard agreements to be used between
the County and various governmental and private agencies that will designate
the scope of work and amount of Emergency Medical Services (EMS) grant funds
provided to each agency on behalf of the Board of County Commissioners; and
B) authorize the County Administrator
or his designee to execute standard agreements which will be used between the
County and various governmental and private agencies on behalf of the Board of
County Commissioners, after approval of legal sufficiency by the County
Attorney's Office, and within budgeted allocations.
SUMMARY: This is an annual grant provided to Palm
Beach County from the State of Florida Department of Health, Bureau of
Emergency Medical Services, to improve and expand the EMS system. The funds are
distributed as reimbursement to the EMS providers and also fund the Palm Beach
County Medical Communications System. This
grant does not require a County match. Countywide (DW)
AUGUST 17, 2010
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: a Contract
with Island Medical Care, LLC., (Dr. Earl Campazzi, M.D.) to provide 20 hours
per week of on-site physician services for the County’s occupational health
clinic for the term September 1, 2010, through August 31, 2012 in an amount
not-to-exceed $270,400. Summary: Dr. Campazzi (Island Medical Care, LLC) has
served as the contracted physician for the County’s occupational health clinic
since August 7, 2006. His current contract expires August 31, 2010 and contains
no options for renewal. Dr. Campazzi is a Palm Beach County based occupational
health physician and a provider of physician services that are essential to the
continued operation of the occupational health clinic and its efforts to
control costs in the County’s self-insured workers’ compensation program. The
Contract provides for 20 hours per week of on-site physician services for an
amount not-to-exceed $270,400, representing no increase over the expiring
contracted rates, for the term of September 1, 2010, to August 31, 2010. Countywide
(TKF)
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Transfer of $5,000 from the Law Enforcement
Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). Summary: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2010 estimated donation requirement is $158,962.
The funds are requested to aid qualified organizations that meet the
requirements set forth in F.S. 932.7055.
The PBSO’s support of these programs exemplifies its strong commitment
to the prevention and reduction of crime throughout the communities it serves
and its desire to put money back into these communities to support
organizations that provide such services.
The current State LETF balance is $2,312,161. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $2,307,161. The year-to-date transfer for
all donations after approval of this item is $611,607. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective agency. No new positions are
needed and no additional County funds are required. Countywide (DW)
Organization Amount
Florida
National FBI Academy Association, Inc. $5,000
Total Amount of Donations $5,000
* * * * * * * * * * * *
AUGUST 17, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion
to:
A) adopt a Resolution to abandon a portion of Saranac Avenue, a forty foot wide right-of-way within West Gate Estates (Northern Section), as recorded in Plat Book 8, Page 38, Public Records of Palm Beach County, Florida; and
B) approve a County Declaration of Easement.
SUMMARY: Adoption of this Resolution and approval of the County Declaration of Easement will allow for the construction of a new Fire Rescue Station at the northwest corner of Oswego Avenue and Seminole Boulevard. District 2 (PK)
B. Staff recommends
motion to amend and approve: the issuance of five (5) new EMS Certificates of Public Convenience and
Necessity due to a corporate name change. The Wackenhut Corporation is
requesting their new COPCN’s to read G4S Secure Solutions (USA) Inc. d/b/a G4S.
SUMMARY: The Wackenhut Corporation
currently holds “Special Secondary Service Providers” Advanced Life Support
(ALS) First Response, Non Transport Certificates with Palm Beach County. These
certificates are for five (5) gated communities in which The Wackenhut
Corporation provides Advanced Life Support Services. To enable The Wackenhut
Corporation to renew their state Emergency Medical Services/Advanced Life
Support license, the state requires that The Wackenhut Corporation Palm Beach
County COPCN reflect exactly the name which will appear on their renewed state
license. Countywide (DW)
C. Staff
recommends motion to:
A) approve the filing of the FY 2010 Section 5307
Federal Transit Administration (FTA) Grant Application FL-90-X735 for capital
funds allocated to Palm Beach County in the amount of $15,091,565;
B) approve the FTA Master Agreement (FTA MA 16) dated October 1, 2009;
C) authorize the Palm Tran Director or
Assistant Director through the County Administrator to execute, on behalf of
the Board of County Commissioners, and to transmit electronically the Board’s
approval of the Master Agreement and the 5307 grant award; and
D) approve Budget Amendment of $3,341,565
in the Palm Tran Grants Fund to reconcile the FY 2010 budget to the actual
grant award, pending actual grant award.
SUMMARY: FTA distributes Section 5307 funds to provide public transportation capital and operating assistance and for public transportation-related planning. The grant will fund capital items necessary for the continued operation of the Palm Tran system: 1) replace buses that have reached their useful life; 2) replace support vehicles that have reached their useful life; 3) capitalized maintenance items; 4) retrofit the front and lateral head signs in 63 buses, change internal lights to LED; 5) shop equipment; 6) M.I.S. equipment; 7) miscellaneous support equipment; 8) minor facility renovation projects; 9) lease for CONNECTION facilities; 10) third party contracts for security, wireless service for AVL; and consultant to study the feasibility of converting the above ground gas tank in South County to an in ground tank; 11) preventive maintenance; 12) employee education and training; 13) transit enhancements to improve ADA fixed route access; and 14) long range transportation plan at system level to prepare a five (5) year plan. The grant requires a 20% local match. Palm Tran has requested approval from the Florida Department of Transportation for the use of toll revenue credits as the required local 20% match; therefore, the projects budget lists the capital projects at 100% cost for the federal share, no County funds are required. Countywide (DR)
AUGUST 17, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. CONTINUED
D. Staff recommends motion to:
A) approve the Application of Galaxy Aviation of Palm Beach, Inc. for the issuance of not to exceed $14,187,500 of Airport Revenue Bonds (Galaxy Aviation of Palm Beach, Inc. - Series 2010 A) (the “Series A Bonds”) and not to exceed $3,400,500 of Taxable Airport Revenue Bonds (Galaxy Aviation of Palm Beach, Inc. - Series 2010 B) (the “Series B Bonds” and, together with the Series A Bonds, the “Bonds”);
B) conduct a TEFRA public hearing concerning the issuance of the Series A Bonds; and
C) adopt a bond authorizing resolution which, among other things, approves the form of certain documents relating to the issuance of the Bonds.
SUMMARY: Galaxy Aviation of
Palm Beach, Inc. (the “Company”) has applied for the issuance of the
Bonds. Bond proceeds will be used to pay and defease the County’s
Multi-Mode Airport Revenue Bonds (Galaxy Aviation Project - Series 2000 A),
Taxable Multi-Mode Airport Revenue Bonds (Galaxy Aviation Project - Series 2000
B) and Variable Rate Demand Airport Revenue Bonds (Galaxy Aviation Project -
Series 2007) (collectively, the “Prior Bonds”) which were issued to finance a
terminal and hangars (the “FBO Projects”) used by the Company in its fixed base
operations conducted at the Palm Beach International Airport (the “Airport”)
pursuant to a Lease Agreement with the County. The Bond proceeds will
also be used to pay the costs of issuance of the Bonds, pay the costs
associated with the retirement of the Prior Bonds, and for general corporate
purposes of the Company. The current lease will be amended to reflect the
issuance of the Bonds. The FBO Projects are located at 3800 Southern
Boulevard in West Palm Beach, Florida, at the Airport. The FBO Projects
are owned by the County and leased to the Company. Under the Internal
Revenue Code, prior to the issuance of the Series A Bonds, the County is
required to conduct a TEFRA public hearing. The Bonds will be issued
pursuant to the terms and provisions of a Trust and Agency Agreement. The
Bonds will be payable solely from revenues derived from the Company, and
neither the taxing power nor the faith and credit of the County, nor any County
funds, shall be pledged to pay principal or redemption premium, if any, or
interest of the Bonds. District 2 (PFK)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL
CONTROL BOARD
AUGUST 17, 2010
5. BOARD OF COUNTY COMMISSIONERS SITTING
AS ENVIRONMENTAL CONTROL BOARD - PUBLIC
HEARING 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. HEALTH DEPARMENT
1. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
sitting as the Environmental Control Board; repealing Chapter 11, Article X, of
the Palm Beach County Code; providing for authority; providing for the
inclusion in the Code of Laws and Ordinances, and providing for an effective
date. SUMMARY: On July 21, 1992,
the Board of County Commissioners, sitting as the Environmental Control
Board, adopted the Palm Beach County
Biohazardous Waste Incineration Facility (BWIF) Ordinance No. 92-22, which was
incorporated into the Palm Beach County Code under Chapter 11, Article X. This Ordinance is no longer needed due to the
enactment of state and federal regulations which adequately address operations
of medical waste incineration facilities. The proposed ordinance will repeal
the BWIF Ordinance 92-22 in its entirety. Countywide (GB)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL
CONTROL BOARD
RECONVENE AS THE BOARD OF
COUNTY COMMISSIONERS
AUGUST 17, 2010
6. REGULAR
AGENDA
A. COUNTY
ATTORNEY
TIME
CERTAIN 10:00 A.M.
1. Staff recommends
motion to adopt: a Resolution calling for a referendum to be held on November 2, 2010 for
the purpose of submitting to the duly qualified electors of Palm Beach County,
Florida a question regarding the School Board of Palm Beach County, Florida’s
authority to continue an annual levy of 0.25 mills for school operational
purposes for the next four fiscal years beginning July 1, 2011 and ending June
30, 2015; providing for notice of election; providing for an official ballot;
providing for absentee voting and early voting; providing for referendum
results; providing for severability and providing an effective date. SUMMARY:
Section 1011.71, Florida Statutes, permitted the School Board, by super
majority vote, to levy an annual .25 mills for school operational
purposes. That statute requires a referendum to be held before that .25
mills levy may be extended. The School Board adopted a resolution on July
21, 2010 requesting that this referendum be held on November 2, 2010.
Adoption of this Resolution will allow the referendum to be held. Countywide
(PFK)
2. Staff recommends
motion to approve:
A)
an Agreement for bond counsel and related legal services with the law firm of
Edwards Angell Palmer & Dodge, LLP (“Attorney”); and
B) a waiver of prohibited relationship pursuant to Ordinance 2009-051, the Palm Beach County Code of Ethics, for Richard Miller, a partner in Attorney and a member of the Palm Beach County Investment Policy Committee.
Summary: The County Finance Committee (the “CFC”) reviewed RFP applications for County bond counsel and disclosure counsel on June 24, 2010. The CFC recommends that Attorney be selected as one (1) of four (4) law firms to provide bond counsel services to the County through September 30, 2013. Attorney has an office in Palm Beach County. A prohibited relationship waiver is being recommended for a partner in Attorney, Richard Miller, who serves on a County advisory board. 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 based on a staff determination that the execution of this contract will not create a conflict of interest with the continued service of the individual on the advisory board. Countywide (PFK)
3. Staff recommends motion to approve:
A) an Agreement for
bond counsel and related legal services with the law firm of Greenberg Traurig,
P.A. (“Attorney”); and
B) a waiver of prohibited relationship pursuant to Ordinance 2009-051, the Palm Beach County Code of Ethics, for Pam Linden, an employee of Attorney, serving on the Sports Commission as the District 3 representative.
Summary: The County Finance Committee (the “CFC”) reviewed RFP applications for County bond counsel and disclosure counsel on June 24, 2010. The CFC recommends that Attorney be selected as one (1) of four (4) law firms to provide bond counsel services to the County through September 30, 2013. Attorney has an office in Palm Beach County. A prohibited relationship waiver is being recommended for Pam Linden, an employee of Attorney, who serves on a County advisory board. 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 based on a staff determination that the execution of this contract will not create a conflict of interest with the continued service of the individual on the advisory board. Countywide (PFK)
AUGUST 17, 2010
6. REGULAR
AGENDA
B. AIRPORTS
1. Staff recommends
motion to:
A)
approve an Agreement for Purchase
and Sale for the following property at a total cost of $465,750 by a
supermajority vote. Said property is
located west of Runway 10L at Palm Beach International Airport (PBIA):
Richard R. Brown, III
Judith J. Brown
658 North Military Trail
West Palm Beach, FL 33415 Parcel W – 327
Sales Price $
465,750
Replacement Housing $ N/A
B)
accept a Memorandum of Agreement
to be recorded in the public records to provide notice of this Agreement; and
C) approve
a Budget Transfer of $465,750 in
the Airport’s Improvement and Development Fund from Reserves to provide budget
to fund the property purchase.
SUMMARY: The above property is being acquired in
accordance with Palm Beach International Airport’s approved Master Plan, which
recommended the acquisition of property. The property was appraised by Anderson
& Carr, Inc. in April 2010 at $465,000.
The negotiated settlement amount of $465,750 is $750 over the appraised
amount. The subject property is vacant
at this time allowing the airport to avoid tenant relocation costs. The property is leased through September
30, 2010. The lease contains a provision granting the tenant a right of
first refusal which requires the seller/landlord to offer the property to the
tenant on the same terms as the County’s agreement. The tenant has
vacated the building and is not expected to exercise its right; however the
agreement contains a provision addressing this contingency because of the lease
requirement. All purchases, sales and exchanges of real estate
must be approved by a supermajority vote (5 Commissioners) pursuant to recent
amendments to the PREM Ordinance. Countywide (HJF)
AUGUST 17, 2010
6. REGULAR
AGENDA
B. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve:
A) an Agreement for Purchase and Sale for the
following property at a total cost of $295,000 by a supermajority vote. Said property is located west of Runway 10L
at Palm Beach International Airport (PBIA):
Hess
Corporation, a Delaware corporation
600
N. Military Trail
West
Palm Beach, FL 33415 Parcel
W-325
Sales
Price $295,000
Replacement
Housing N/A
B) a Budget
Transfer of $295,000 in the Airport’s Improvement and Development Fund from
Reserves to provide budget to fund the property purchase.
SUMMARY: The property was previously improved with a
self-service gas station. All improvements were removed by the Seller in 2009,
and the property is now vacant. The property was appraised by Anderson &
Carr, Inc., in August 2009 at $265,000 as a vacant site. The purchase price
exceeds the current appraised value by 11.3%. The comparable sales used in
determining the appraised value of the property range from $9.40 to $16.70 per
square foot. The counter offered amount
of $12.16 per square foot is within the lower range of the comparable
sales. The deed will contain a
restriction precluding use of the property for the operation of a retail
convenience store or for the retail sale or storage of petroleum. The
restriction will expire after 30 years and will not restrict the sale or
storage of fuel for aviation-related purposes. The Agreement provides for
indemnification by the County for environmental conditions caused by the County
after closing. The County’s
indemnification obligation is expressly limited to the extent permitted by law.
The Seller requested the exclusion of certain standard warranties and
representations related to the environmental condition of and title to the
property; however, the County has the right to obtain its own environmental
assessment and title insurance. The Seller also agreed to indemnify the County
for environmental conditions, which occurred on the property prior to
closing. All inspections, including an
environmental assessment, will be completed prior to closing and the County
will obtain title insurance. The Seller
has also agreed to provide a limited Environmental Affidavit related to the
environmental condition of the property and a Seller’s Affidavit relating to
title matters. An Underground Storage Tank (UST) System Closure Report was
completed when the fuel system was removed. All
purchases, sales and exchanges of real estate must be approved by a supermajority
vote (5 Commissioners) pursuant to recent amendments to the PREM Ordinance. Countywide (HJF)
C. COMMUNITY SERVICES
1. Staff recommends motion to approve: Travel for one (1) Community Action Advisory Board Member to attend the National Community Action Partnership Annual Convention and Board Governance training in Boston, Massachusetts from August 31, 2010, through September 3, 2010, with an estimated cost of $2,095. Summary: Travel approval and travel advance is requested for the Community Action Advisory Board Vice-Chair Vincent Goodman to attend the National Community Action Partnership Annual Convention and Board Governance training in Boston, Massachusetts. The grantor agency requires that the Community Action Advisory Board receive training in order to govern the Community Service Block Grant funds and to take an active role in the program. The estimated cost of $2,095 provides for conference registration, lodging, ground transportation, airfare and meals for one (1) participant. Funding consists of $1,676 (80%) in Federal funds and $419 (20%) in County funds. (Community Action Program) Countywide (TKF)
AUGUST 17, 2010
6. REGULAR
AGENDA
D. ENGINEERING &
PUBLIC WORKS
1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on Tuesday, September 14, 2010 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date. SUMMARY: A Mid Year Modification of the Palm Beach County Five Year Road Program is contemplated in the Traffic Performance Standards and allows the Board of County Commissioners, through the adoption of an ordinance, to delete projects from the Program two (2) times a year. Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5) years and contains certain changes and modifications. This list is submitted for the Board of County Commissioners’ consideration on preliminary reading today, with the final list to be approved with the Ordinance at public hearing on Tuesday, September 14, 2010. Countywide (MRE)
2. Staff recommends
motion to approve on preliminary reading and advertise for
public hearing on Tuesday, September 14, 2010
at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code
Chapter 19, Article IV, Red Light Cameras; (Ordinance 2008-013), relating to
the use of unmanned cameras at traffic signals to promote traffic safety;
providing for title and purpose; deleting use of image capture technologies;
providing for traffic infraction detectors; deleting definitions; providing for
adherence to red light traffic control signals; providing for violation;
providing for signs at monitored intersections; providing for review of
recorded images; providing for notice of violation; deleting vehicle owner
responsibilities; providing for issuance
of a traffic citation; providing for owners defenses; providing for penalties;
providing for administrative costs; no commissions; deleting civil penalties;
deleting exceptions; deleting three (3) month notice; introductory period;
providing for accounting for program revenues and expenditures; providing for
consistency with state law; providing for applicability; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for captions; providing for savings, ratification and reservation of
rights; and providing for effective date. SUMMARY:
On May 20, 2008, the Board of County Commissioners adopted Ordinance 2008-013
authorizing the use of unmanned camera/monitoring systems to promote compliance
with red light directives. During the 2010 Legislative Session, the Florida
Legislature authorized the use of red light cameras as traffic infraction
detectors to enforce Chapter 316, the State Uniform Traffic Code, and
established the requirements for use of such devices by local governmental
entities. This amendment is necessary to comply with the legislation. Countywide (MRE)
AUGUST 17, 2010
6. REGULAR
AGENDA
E. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to approve: a Termination of Easement for a 0.99 acre Conservation Easement at the Whiteside Industrial Park, requiring receipt of a cash buy-out equivalent to the value of the native upland preserve. SUMMARY: Currently, a 0.99 acre Conservation Easement exists at the Whiteside Industrial Park as is described and required by Vegetation Permit No. V-290-01. The Whiteside Group, Inc. requests to terminate the Conservation Easement in exchange for a cash payment equal to the current value of the 0.99 acre area. A January 10, 2009 appraisal established the value of the preserve at $85,000. This item was presented to the Board of County Commissioners (BCC) on June 8, 2010. Staff was directed to further evaluate the request. Staff has since confirmed that, in its current setting in a parking lot of a commercial trucking facility, the easement area does not possess the habitat value it once did. Staff also found that, on May 22, 2008, staff recommended and the BCC approved a development order amendment, which deleted the requirement for the onsite preserve. The conservation easement should have been terminated at the time the development order was amended to be consistent with the amended site plan, which deleted the preserve. Therefore, this agenda item terminates the conservation easement for consistency with the amended development order for the site. District 6 (SF)
2. Staff recommends
motion to approve: a Release of
Conservation Easement, in order to terminate a 1.44 acre Conservation Easement
at the Pratt & Orange Multiple Use Planned Development (MUPD) in support of
the proposed Acreage Branch Library and based on receipt of a buyout equivalent
to the value of the native upland preserve. SUMMARY:
Indian Trail Improvement District (ITID) currently owns a 6.66 acre
parcel (Parcel B) within the Pratt & Orange MUPD. This parcel includes a
1.44 acre Conservation Easement that was executed to satisfy Vegetation
Protection and Preservation regulations of the Unified Land Development Code
(ULDC). Palm Beach County Property and
Real Estate Management (PREM) intend to lease the parcel from ITID to support
the proposed Acreage Branch Library, which is the subject of a separate agenda
item. In order to construct the proposed library in accordance with the approved
site plan, a payment of $80,064 has been provided to ERM as a buyout equivalent
to the value of the native upland preserve.
ULDC Article 14.C. allows for a native upland preserve buyout option.
The payment will be directed to the Natural Areas Fund and will be used for the
acquisition and maintenance of natural areas. District 6 (SF)
AUGUST 17, 2010
6. REGULAR
AGENDA
F. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve:
A) Waiver of prohibited relationship for Don Chester, an Assistant Administrator at Tenet-St. Mary’s Hospital Inc. d/b/a St. Mary’s Medical Center (Hospital), who sits as an advisory board member on the Homeless Advisory Board; and
B) a Second Amendment to the Agreement (R2004-0207) with the Hospital to extend the term of the 800 MHz Agreement until February 2, 2013.
SUMMARY: Don Chester is an
employee of the Hospital and he is a member of the Palm Beach County Homeless
Advisory Board. Per the County’s Code of
Ethics, this may be perceived as a prohibited relationship and Don Chester is
requesting a waiver under the requirements of the Code. Staff recommends approval of the waiver. The Agreement,
which provides the terms and conditions under which the Hospital can program
into its radios and utilize the countywide and EMS common talk groups for
certain types of inter-agency communications, expired on February 3, 2010. The
Agreement provides for three (3) renewal options, each for a period of three
(3) years. Both parties must approve the
renewal option. The Hospital has
approved a renewal to retroactively extend the term of the Agreement until
February 3, 2013. The renewal now
requires Board approval. The terms of
the Agreement are standard and have been offered to other hospitals and EMS
providers. There are no charges
associated with this Agreement. The
Hospital is required to pay all costs associated with subscriber units and to
comply with the established operating procedures for the System. The Agreement
may be terminated by either party, with or without cause. This Second Amendment renews the term,
updates the notice provisions and provides for disclosure of County Ordinance
No. 2009-049 establishing the Office of the Inspector General. Other than the
changes set forth herein all other terms and conditions remain the same. (ESS) Countywide (JM)
AUGUST 17, 2010
6. REGULAR
AGENDA
F. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) approve a Second Amendment to Interlocal Agreement with Indian Trail Improvement District (ITID) (R-2001-0128, R-2003-0421) for Acreage Community Park and Acreage Pines Natural Area;
B) approve a Second Amendment to Agreement of Lease with ITID (R2001-0482, R-2003-0422) for Acreage Community Park;
C) approve an Agreement of Lease with ITID for a 6.6-acre parcel behind the Publix Plaza at Seminole Pratt-Whitney Road and Orange Boulevard for the County’s development of a Library; and
D) adopt a Resolution authorizing the conveyance of 17.5 acres of County-owned land to ITID, without charge and without reservation of mineral and petroleum rights; and
E) approve a County Deed conveying the approximately 17.5-acre developed portion of Acreage Community Park to ITID.
SUMMARY: In 2001, the County and ITID entered into an Interlocal Agreement for the coordinated acquisition and development of the approximately 169-acre Acreage Community Park and Acreage Pines Natural Area (R2001-0128). These Agreements: 1) revise the boundaries between the Park and the Natural Area property; 2) substitute a revised Conceptual Master Plan for the overall property reflecting the revised boundaries and changes to the improvements proposed to be constructed by ITID within the Park property; 3) transfer control of approximately seven (7) acres of preserve property included in ITID’s existing lease from ITID to the County for incorporation into the Natural Area; 4) extend the term of the Park lease to a total of 75 years; 5) require the County to convey to ITID the approximately 17.5-acre developed portion of the Park property; and 6) require ITID to lease a 6.6-acre civic site within the Publix Plaza at Seminole-Pratt Whitney Road and Orange Boulevard to the County for a total of 75 years at $1/yr for development of a library. Approval of these Agreements will finalize years of negotiations regarding boundary line disputes, maintenance and development obligations and control of the property. Approval will also provide the County a site upon which to develop a library in the Acreage, ending a ten (10) year search effort. (PREM) District 6 (HJF)
AUGUST 17, 2010
6. REGULAR
AGENDA
F. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: the proposal submitted by Transit Village, LLC in
response to the Request for Proposals to develop the Wedge Property. SUMMARY: In January of this year, the County issued a
Request for Proposals to develop the “Wedge” property, which is approximately
5.7 acres bounded by Banyan Boulevard, the CSX railroad tracks and Clearwater
Drive. Only one (1) proposal was
received, from Transit Village, LLC. The
uses proposed by Transit Village include Commercial Office, Education, Hotel,
Retail and Market Rate, Student and Workforce Housing. Total square footage of
the Project ranges from 600,000 – 950,000 sf., with an additional 200-400 hotel
rooms, 15-25 market rate housing units, 20-120 student housing units and 20-120
workforce housing units. Transit Village
proposes to pay $100,000 for the land and other rights to build and own/operate
the Project. This amount may increase to
the extent that grant funding is obtained to offset Project costs. A Selection Committee consisting of
representatives from FDO, Engineering, Palm Tran, West Palm Beach, TCRPC, FDOT
and SFRTA met to review the Transit Village proposal and deemed it responsive,
but felt that two (2) issues required further study before a recommendation for
selection could be made: potential conflicts with the physical layout of the
Intermodal Transfer Facility (ITF) and traffic circulation and operational
impacts on Clearwater Drive. In response,
Transit Village submitted a revised site plan which eliminated the conflicts
with the design and layout of the ITF.
Transit Village has requested that further analysis of the
transportation issues be analyzed after selection. Staff recommended and the Selection Committee
concurred that Transit Village’s proposal be selected providing that Transit
Village perform a transportation impact study immediately following
selection. Upon completion of said
transportation study showing an acceptable level of impact, the County would
then commence contract negotiations with Transit Village. (PREM) Countywide
(HJF)
G. PARKS
& RECREATION
1. Staff recommends
motion to:
A) approve in concept
the Loggerhead Marinelife Center, Inc.’s request to lease additional park
property in order to expand the existing Loggerhead Marinelife Center facility;
and
B) direct staff to negotiate a Second Amendment to
Agreement of Lease for future consideration by the Board.
Summary: On August 19, 2003, the Board approved a 30 year Lease
Agreement (R2003-1246) with the Loggerhead Marinelife Center, Inc.
(Center) to construct a research and educational facility on 1.28 acres within
Loggerhead Park. Construction of this
12,000 square foot facility was completed in December 2007. On October 7, 2008,
the Board approved a First Amendment to Agreement of Lease (R2008-1749)
granting the Center utility easements for the installation and maintenance of
underground saltwater lines within the park.
The Center is now seeking a Second Amendment to Agreement of Lease to
add up to three quarters of an acre to their lease premises in order to expand
their existing facility. The Center
estimates that the expansion will cost approximately $5 million and may take up
to five (5) years to raise the funds needed to proceed. The
proposed expansion area is north of the existing Center and would displace
three (3) small picnic shelters and associated parking spaces that can be mitigated
at the Center’s expense in other areas of the park. During initial meetings with County staff,
members of the Center’s Board of Directors were confident they would be able to
raise the money for the expansion without any financial assistance from the
County. The County staff believes the proposed expansion will not adversely
impact the public’s use and enjoyment of the park and, therefore, supports this
request. District 1 (AH)
AUGUST 17, 2010
6. REGULAR
AGENDA
G. PARKS & RECREATION (Cont’d)
2. Staff recommends
motion to approve:
A) Interlocal Agreement with the South Florida Science Museum, Inc. and the City of
West Palm Beach for the period August 17, 2010, through August 16, 2013, in an
amount not to exceed $2,400,000 for funding South Florida Science Museum
Improvements – Phase I; and
B) Budget Transfer of $2,400,000 within the
$25M GO Parks and Cultural Improvements Bond Fund - 2005 from Reserves to South
Florida Science Museum Improvements.
Summary: This Agreement provides funding for
construction of Phase I improvements to the South Florida Science Museum. Funding is from the 2002 $50 Million
Recreational and Cultural Facilities Bond referendum. District 2 (PK)
* * * * * * * * * * * *
AUGUST 17, 2010
7. BOARD
APPOINTMENTS
A. INTERNAL AUDITOR
(internal audit
committee)
1. Staff recommends motion to select and appoint: five (5) members from the list of nine (9) qualified candidates to serve on the newly reconstituted Internal Audit Committee. If Mr. Walk is one of those selected, the Board will need to waive a conflict of interest in that one of his partners in the law firm who serves as an escrow agent for a developer’s construction funds which have been turned over to the County.
Alan Friedberg, Professor of Accounting, Florida
Atlantic University
Chris Wittig, CPA, CBIZ Goldstein Lewin and Mayer
Hoffman McCann PC
David Rosenstein, Retired, former Deloitte & Touch
Internal Audit Services Principal
Dorritt Miller, incumbent, CPA, CIA, CGFM,
Deputy City Manager, City of West Palm Beach
Evelyn Parkes, CPA, Evelyn F. Parkes CPA PA
Gary Walk, Attorney, Casey Ciklin Lubitz Martens &
O’Connell, waiver required
Hal Valeche, Investment Banker, Self-employed
Mark Burger, CPA, Cherry, Bekaert & Holland, LLP
Nam Nguyen, CPA, Nam H. Nguyen, CPA, P.A.
SUMMARY: At its June
23, 2010 meeting, the Audit Committee reviewed the applications and resumes
received from nine individuals wishing to serve on the Internal Audit Committee
and found each applicant qualified to serve on the Committee. The Board of County Commissioners adopted
Ordinance 2010-006 at its March 23, 2010 meeting. The Ordinance requires appointment of five
members to serve on the Internal Audit Committee to replace the current seven (7)
member committee. The Ordinance also requires the Audit Committee to make
recommendations to the BCC regarding qualified candidates. The Audit Committee also recommends that the
BCC select individuals representing both the racial and ethnic diversity of the
county as well as a diversity of talent and expertise for membership on the
committee. Countywide (PFK)
AUGUST 17, 2010
7. BOARD
APPOINTMENTS
B. FACILITIES
DEVELOPMENT & OPERATIONS
(Property
Review Committee)
1. Staff recommends
motion to approve: appointment
of the initial five (5) members to the Palm Beach County Property Review
Committee (PRC) as follows:
|
Nominee |
Seat No. |
Seat Requirement |
Term |
|
Thomas Barnhart |
(1) |
A Representative from the PBC Property Appraiser’s Office. |
8/17/10-8/16/11 |
|
Kathy W. Evans |
(2) |
A Representative from Martin County Property Appraiser’s Office; Broward County Property Appraiser’s Office; or an MAI certified appraiser with offices in PBC and expertise in the appraisal of PBC real estate. |
8/17/10-8/16/12 |
|
Neil Merin |
(3) |
Licensed real estate broker with an office in PBC and expertise in PBC commercial real estate. |
8/17/10-8/16/12 |
|
Bradley Miller |
(4) |
A Representative with expertise in land planning employed by a governmental agency with an office in PBC or recommended by PBC Planning Congress. |
8/17/10-8/16/13 |
|
Keith Williams |
(5) |
Eminent Domain Attorney employed by a governmental agency with offices in PBC or in a private practice with an office in PBC. |
8/17/10-8/16/13 |
SUMMARY: Palm Beach County Ordinance 2009-052,
provides for the creation of a Property Review Committee, and on February 23,
2010 the Board adopted Resolution No. 2010-092, creating the PRC. The PRC will
be comprised of five (5) individuals appointed At-Large by the Board. The initial terms of the members will be
staggered over a three (3) year period such that the terms of no more than two
(2) members expire in any one (1) year. All subsequent terms will be for three
(3) years. In an effort to expedite formation of the PRC, Staff is submitting
their recommendation for Committee members. Palm Beach County Ordinance
2009-051 requires the disclosure of any conflict of interest between the County
and Advisory Board Members. None of the
current nominees currently have conflicts of interest. However, because each of the nominees work in
the industry, conflicts may arise in the future. If conflicts arise, Disclosure will be
required and Staff will follow the waiver process. Countywide (HJF)
AUGUST 17, 2010
7. BOARD
APPOINTMENTS
C. ENVIRONMENTAL RESOURCES MANAGEMENT
(South Lake Worth Inlet Advisory Committee)
1. Staff recommends motion to approve: two (2) appointments and one (1) reappointment of at-large members to the South Lake Worth Inlet Advisory Committee (SLWIAC):
Appoint
Nominee Seat No. Representing Term Nominated By
Thomas Heck 1 Town
of Manalapan 8/17/10-8/16/13 Town of Manalapan
Louis DeStefano 1A Town of Manalapan 8/17/10-6/16/12 Town of Manalapan
Re-appoint
Geoffrey Pugh 2 Town of Ocean Ridge 8/21/10-8/20/13 Town of
Ocean Ridge
SUMMARY: The SLWIAC was established under the
provisions of Chapter 96-466, Laws of Florida, Resolutions R-96-807 and
R-2000-0631. The Committee consists of
one (1) regular and one (1) alternate member nominated by the Town of Manalapan,
one (1) regular and one (1) alternate member nominated by the Town of Ocean
Ridge, one (1) member in a boating-related industry, one (1) member from an
environmental organization, one (1) member with expertise in coastal-related
matters, one (1) member with experience in parks and recreation administration
and one (1) member of the general public. Mr. Gregory Dunham, Town Manager of
Manalapan, held Seat No. 1 on the SLWIAC, but resigned as Town Manager in
December 2009, and the position has only recently been filled by Thomas
Heck. The Town of Manalapan nominated
Mr. Heck for Seat 1. The Town of Manalapan also nominated Commissioner Louis
DeStefano to become the new Alternate and complete the term of former Commissioner
Tom Thornton, Jr. The Town of Ocean
Ridge nominated Commissioner Geoffrey Pugh for re-appointment to Seat 2 as its
regular representative. Following
approval by the Board of County Commissioners, the Palm Beach County
Legislative Delegation must confirm the appointments. District 4 (SF)
D. PUBLIC SAFETY
(Emergency Medical Services Advisory
Council)
1. Staff
recommends motion to approve: the selection and appointment of one
(1) At-Large member to the
Emergency Medical Services Advisory Council for the term of August 17, 2010,
through October 5, 2011 to complete the two (2) year term from a previous
council member that resigned. Seat No. 5 has one (1) person seeking nomination.
Nominee Representing Nominated
by:
Dr. Jeff
Davis PBC Medical Society Commissioner Abrams
Commissioner Santamaria Commissioner
Marcus
Commissioner
Taylor
SUMMARY: A memo was
sent to all Board members on July 15, 2010 seeking nomination approvals for Seat
No. 5. No other appointments were received from the Board. The above nominee
for Seat No. 5 is seeking appointment and desires to serve the remaining two
(2) year term which will begin August 17, 2010, through October 5, 2011. The
EMS Council consists of 18 members who include 11 members that represent the
various components of the EMS system with specific requirements and seven (7)
members that are Commission District Consumer appointments. All nominees reside
in Palm Beach County. Countywide (DW)
AUGUST 17, 2010
7. BOARD
APPOINTMENTS
E. FIRE-RESCUE
(Fire Code
Board of Appeals and Adjustments)
1. Staff recommends
motion to approve: One (1) reappointment/appointment to Seat No. 2 and one (1) reappointment
to Seat No. 9 to the Fire Code Board of Appeals and Adjustments Committee for a
three (3) year term.
A) Seat
No. 2
Choose one
Reappoint:
Nominee Category Term Nominated By
Mike Carsillo Municipal Fire Representative
5/18/2010 - Commissioner Marcus
5/17/2013
OR
Appoint:
Troy Perry Municipal Fire Representative 8/17/2010
- Commissioner Taylor
5/17/2013
B) Seat No. 9
Reappoint:
Nominee Category Term Nominated
By
Kerry Koen Citizen 5/18/2010
– Commissioner
Marcus
5/17/2013 Commissioner Taylor
Commissioner
Abrams
SUMMARY:
The Fire Code Board of Appeals and
Adjustments is maintained in accordance with the Palm Beach County Local
Amendments to the Florida Fire Prevention Code (Ordinance 2008-045). On June
28, 2010, a memo was distributed to the Commissioners requesting
nominations to this nine (9)-member Board (At-Large). This Board is appointed
by the Board of County Commissioners and members serve three (3) year terms,
with no limit on the number of terms an individual may serve. No other nominations were received. Countywide (SB)
* * * * * * * * * * * *
AUGUST 17, 2010
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
AUGUST 17, 2010
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS, VICE CHAIR
B. District
2 -
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, CHAIR
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."