ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 14, 2010
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 7)
3. CONSENT
AGENDA (Pages 8 - 36)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 37 -
38)
5. REGULAR
AGENDA (Pages 39 - 45)
6. BOARD
APPOINTMENTS (Page 46)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 47)
8. STAFF
COMMENTS (Page 48)
9. COMMISSIONER
COMMENTS (Page 49)
10. ADJOURNMENT (Page 49)
* * * * * * * * * * *
SEPTEMBER 14, 2010
TABLE OF CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2A Literacy AmeriCorps Swearing In Ceremony
2B Summer Camp Programs Certificates of
Appreciation
2C Historic Preservation Certificates of
Appreciation
2D Constitution Week
2E Domestic Violence Awareness Month
2F German American Day
2G American Business Women’s Day
2H Oktoberfest 2010
2I Dennis Eshleman 35 Years of Service
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Resident
Education to Action Program Agreements
Page 9
3A-2 Golf Tournament Agreement with Trump
International Golf Club, Inc. and Glades Healthcare Foundation
3A-3 Amendment
regarding Loan Agreement with Thirteenth Street Industrial Park, Inc.
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
lists
3B-2 Minutes
Page 10
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Report
of plat recordations
3C-2 Finalization
of assessment roll for Navarre Road paving improvement project
3C-3 Resolution
allowing County Administrator/designee to approve time extensions with FDOT
3C-4 Contract
Amendment with American Traffic Solutions for red light cameras
Page 11
3C-5 Interlocal Agreement with Loxahatchee River
Environmental Control District regarding open cuts in County maintained rights-of-way
3C-6 Change
Order No. 4 with J.W. Cheatham regarding 45th Street improvements
3C-7 Subgrant Agreement with FL Division of
Emergency Management regarding construction of a water management area within
Westgate/Belvedere Homes CRA
D. COUNTY ATTORNEY
Page 11
3D-1 Amendment
No. 13 with Denise M. Nieman, County Attorney
Page 12
3D-2 Agreement
with Broad and Cassel for Airport-Related Bankruptcy legal services
3D-3 Addendum
to stipulated Settlement Agreement with Town of Highland Beach
3D-4 Settlement
in eminent domain case PBC v. Maria Mink, et. al.
E. COMMUNITY SERVICES
Page 13
3E-1 Contract for Provision of Financial
Assistance with 211 Palm Beach Treasure Coast, Inc. for supportive services to
homeless persons
3E-2 Revised Agreement Report Schedule with AAA
regarding Emergency Home Energy Assistance Program
3E-3 Waiver/Contract with Gulfstream Goodwill
Industries for supportive services to homeless persons
SEPTEMBER 14, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 14
3E-4 Standard
Contract with FL Dept. of Elder Affairs for Adult Care Food Program
3E-5 Ratify
signature on Dept. of Community Affairs Community Services Block Grant
application
3E-6 Ratify
signature on Child Care Food Program contract with Department of Health
Page 15
3E-7 Memorandum of Agreement with Children’s
Services Council for SAMIS system
3E-8 Amendment No. 1 with Area Agency on Aging
for RELIEF Program
3E-9 Ratify
signature on FL Dept. of Community Affairs Community Block Grant – American
Recovery and Revitalization Act grant modification
Page 16
3E-10 Agreement with Health Care District for joint participation in
Community Health Planning project
3E-11 Contract with New Beginnings Community Development Center regarding
self-sufficiency services to low-income individuals/families
3E-12 Memorandum of Agreement with FL Dept. of Children and Families
regarding Interim Assistance Reimbursement Program
F. AIRPORTS
Page 17
3F-1 Deleted
3F-2 Second Amendment to Lease Agreement with
Signature Flight Support Corp. at PBIA
3F-3 Amendment No. 3 with Ricondo &
Associates for professional planning/design services
Page 18
3F-4 Resolution establishing standard Cargo
Building Lease Agreement
3F-5 Receive and file five (5) standard Airport
agreements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 19
3G-1 Budget
Amendments regarding School Impact fees
3G-2 Budget
Transfers regarding School Impact fees
3G-3 Budget Amendment in $19.53 General Obligation
Refunding Bonds (Library District Improvement Project)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 20
3H-1 Contract with MAC Construction, Inc. for
replacement bus lifts at Palm Tran Maintenance facility
3H-2 Amendment
No. 6 with The Weitz Company for exterior caulking at Judicial Center
3H-3 Utility
Easement Agreement with FPL for additional electrical service at Four Points
Center
Page 21
3H-4 License
Agreement from City of South Bay for development Fire Rescue Station No. 74
3H-5 Utility
Easement Agreement with FPL for Jupiter Farms Park improvements
3H-6 Unity
of Title for property located on Saranac Avenue and Seminole Boulevard
Page 22
3H-7 Resolution
conveying .14 acre of surplus property to City of West Palm Beach
3H-8 Amendment No. 4 to Lease Agreement with Aspen
Skees Road, LLC for PBSO office/warehouse space
Page 23
3H-9 First Amendment to Lease Agreement with FL
Dept. of Education for use of space in Judicial Center
3H-10 Concessionaire Service Agreement with DH2, Inc.
for operation of food/beverage services at Osprey Point Golf Course
SEPTEMBER 14, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 24
3I-1 Amendment
No. 2 with City of Lake Worth for Sunset Ridge Park improvements
3I-2 Amendment
No. 1 with Westgate/Belvedere Homes CRA for Cherry Road bridge construction
3I-3 Agreement with FL Dept. of Community
Affairs for CDBG Disaster Recovery Initiative Program funds
Page 25
3I-4 Four amendments under the Emergency Shelter
Grants Program
3I-5 Amendment No. 2 with Seagull Industries for
the Disabled for facility renovations
Page 26
3I-6 Agreement with West Palm Beach Housing
Authority regarding hurricane hardening project at Robinson Villas housing
development
3I-7 Agreement with City of West Palm Beach
regarding housing rehabilitation program
3I-8 Agreement with City of Riviera Beach
regarding housing rehabilitation program
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 27
3K-1 Supplement No. 1 with Globaltech, Inc. for
South Bay Regional Wastewater Pump Station project
3K-2 Supplement
No. 1 with Globaltech, Inc. for Southwest Boca Diversion and Impoundment Plan
Page 28
3K-3 Unit Price contracts with AKA Services, Inc.
and Johnson-Davis, Inc. regarding Water Utilities Pipeline Construction Contract
3K-4 Piggyback Unit Price Contract with Miller
Pipeline Corp. regarding Water Utilities Continual Construction Contract
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 29
3L-1 Receive and file five (5) original documents
for Environmental Resources Management
3L-2 Authorize
County Administrator/designee to enter into Consent Order with FL Dept. of
Environmental Protection regarding South Lake Worth Inlet projects
Page 30
3L-3 Interlocal
Agreement with Westgate/Belvedere Homes CRA regarding infrastructure
improvement project
3L-4 Amendment
No. 2 to Lease Agreement with State of Florida regarding state-owned land in
Loxahatchee Slough Natural Area
3L-5 Annual
contracts for professional coastal and marine engineering consultant services
with Coast & Harbor, Inc. and Taylor Engineering, Inc.
Page 31
3L-6 Vessel Registration Fee Trust Fund
disbursement
M. PARKS & RECREATION
Page 31
3M-1 Interlocal
Agreement with Boca Raton CRA and Boca Raton Museum of Art for improvements to
Museum
3M-2 First
Amendment with City of Delray Beach regarding Delray Beach Miracle League field
improvements
Page 32
3M-3 Receive
and file Independent Contractor Agreements
3M-4 First
Amendment with Gordon Andrews for USA Competitive Head Swim Coach services
3M-5 Receive
and file Florida Boating Improvement Program Grant for DuBois Park improvements
Page 33
3M-6 Budget
Transfer to Jupiter Farms Park improvement project
3M-7 Authorize
County Administrator/designee to execute Sovereignty Submerged Lands Lease
regarding submerged lands at Zeke’s Marina (DuBois Park)
3M-8 License
Agreement with Society of European Stage Authors and Composers for public live
performances
SEPTEMBER 14, 2010
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS &
RECREATION (Cont’d)
Page 34
3M-9 Budget Transfer to John Prince Park
improvement project
N. LIBRARY
Page 34
3N-1 Application
to FL Dept. of State, Division of Library and Information Services for State
aid
3N-2 Library’s
Long-Range Plan for FY 2011-2013
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 34
3U-1 Interlocal
Agreement with City of Delray Beach regarding Regional Network connection
Page 35
3U-2 Agreement
with Center for Family Services of PBC regarding Regional Network connection
3U-3 Agreement with Learning Excellence Foundation
regarding Regional Network connection
3U-4 Addendum
No. 2 to License Agreement with Pictometry International Corp.
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 36
3X-1 Grant Agreement with FPL for Radiological
Emergency Preparedness Program
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 36
3Z-1 Airport
liability insurance with Arthur J. Gallagher & Co.
AA. PALM TRAN
Page 36
3AA-1 Two (2) Year Agreement with Cen-West Communities, Inc. for provision
of transportation service to residents of Century Village Boca Raton
BB. SHERIFF’S OFFICE
Page 36
3BB-1 Accept Bureau of Justice Assistance State Criminal Alien Assistance
Program Grant
PUBLIC HEARINGS – 9:30 A.M.
Page 37
4A Winding Waters Natural Area land
management responsibility exchange
4B Special Assessment for Coconut Road
paving and draining project
Page 38
4C Five Year Road Program Ordinance
4D Red Light Cameras Ordinance
SEPTEMBER 14, 2010
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 39
5A-1 Amendment
No. 19 with Robert Weisman, County Administrator
COUNTY
ATTORNEY
Page 39
5B-1 Inspector
General Ordinance
5B-2 Commission
on Ethics Ordinance
Page 40
5B-3 Code
of Ethics Ordinance
5B-4 Resolution amending amount of General
Obligation Refunding Bonds (Recreational and Cultural Facilities)
5B-5 Tourist
Development Ordinance
COMMUNITY
SERVICES
Page 41
5C-1 North
County Senior Center management/operation RFP
FACILITIES
DEVELOPMENT & OPERATIONS
Page 41
5D-1 State Attorney’s requests for build-out of
shell space at State Attorney/Public Defender Building
HOUSING
& COMMUNITY DEVELOPMENT
Page 42
5E-1 Program
Guidelines for Impact Fee Assistance Program for Affordable Housing
INTERNAL
AUDITOR’S OFFICE
Page 42
5F-1 Internal Audit Report (Engineering Services
Division, Municipal Service Taxing Unit Section, and Construction Coordination
Division)
TOURIST
DEVELOPMENT COUNCIL
Page 43
5G-1 Waiver/Amended
& Restated Agreement with Palm Beach County Cultural Council, Inc.
5G-2 Amended
& Restated Agreement with Palm Beach County Sports Commission
Page 44
5G-3 Wavier/Amended & Restated Agreement with
Palm Beach County Film and Television Commission
5G-4 Amended
& Restated Agreement with Discover Palm Beach County, Inc.
AIRPORTS
Page 45
5H-1 Resolution
amending Airport Rules and Regulations
BOARD APPOINTMENTS
(Page 46)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 47)
STAFF
COMMENTS (Page 48)
COMMISSIONER
COMMENTS (Page 49)
ADJOURNMENT (Page 49)
SEPTEMBER 14, 2010
2. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Literacy AmeriCorps Members Swearing In
Ceremony (Sponsored by Commissioner Vana)
B. Certificates
of Appreciation to Alonzo Jefferson, Jessie Hester, Malachi & Esmeralda
Knowles, Lawrence Knight, LaCheri Lee, Dan Calloway, Tavarius Jackson, Billy
“White Shoes” Johnson, Houston Tate, Ken Crawford, Ken Funderburk, Abram Elam,
Micah Mays, Willard Monroe, Ed Etheredge, Joe Green, Capt. Javaro Sims, Lt.
Michael Coleman, Cerina Anderson, Patricia Flowers, Beverly Wright, Eddie
Shannon, and Charlotte Jackson for their efforts in providing quality summer programs
that combat summer learning loss and help children in District 7 get ahead.
(Sponsored by Commissioner Taylor)
C. Certificates
of Appreciation to Greg Mount and Dr. Michele Williams for their ongoing work
assisting the County Historic Preservation Officer/Archaeologist. (Sponsored by
Commissioner Marcus)
D. Proclamation
declaring September 17 – 23, 2010 as “Constitution Week” in Palm Beach County.
(Sponsored by Commissioner Aaronson)
E. Proclamation
declaring October 2010 as “Domestic Violence Awareness Month” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
F. Proclamation
declaring October 3, 2010 as “German American Day” in Palm Beach County.
(Sponsored by Commissioner Vana)
G. Proclamation
declaring September 22, 2010 as “American Business Women’s Day” in Palm Beach
County. (Sponsored by Commissioner Taylor)
H. Proclamation
declaring October 8 – 10, and 15 – 17, 2010 as “Oktoberfest 2010” in Palm Beach
County. (Sponsored by Commissioner Vana)
I. Proclamation
honoring Dennis Eshleman for his 35 years of service to Palm Beach County.
(Sponsored by Commissioner Marcus)
* * * * * * * * * * * *
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) an Agreement with Tropical Ridge Neighborhood Association, Inc. in an amount not-to-exceed $410 for expenses related to the Community Organizing Project;
B) an Agreement with Lake
Worth’s College Park Homeowners Association, Inc. in an amount not-to-exceed
$2,255 for expenses related to the Community Beautification Project;
C) an Agreement with Residents of Lake Osborne Heights, Inc. in an amount not-to-exceed $2,400 for expenses related to the Community Organizing and Beautification Project;
D) an Agreement with Gramercy Park Neighborhood Corporation, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
E) an Agreement with Neighborhood Association Presidents’ Council, Inc. in an amount not-to-exceed $410 for expenses related to the Community Organizing Project;
F) an Agreement with Royal Palm Estates Crime Watch, Inc. in an amount not-to-exceed $1,720 for expenses related to the Community Organizing Project;
G) an Agreement with Paint Your Heart Out Palm Beach County, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Beautification Project;
H) an Agreement with Rebuilding Together of the Palm Beaches, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Beautification Project;
I) an Agreement with Downtown Jewel Neighborhood Association, Inc. in an amount not-to-exceed $410 for expenses related to the Community Organizing Project;
J) an Agreement with Genesis Neighborhood Association, Inc. in an amount not-to-exceed $410 for expenses related to the Community Organizing Project;
K) an Agreement with Sailing Foundation of the Palm Beaches, Inc. in an amount not-to-exceed $1,810 for expenses related to the Community Beautification Project;
L) an Agreement with We Care Group, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
M) an Agreement with East Beach Family Emergency Depot, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
N) an Agreement with American Step Association, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
O) an Agreement with The Glades Initiative, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Outreach Project; and
P) an Agreement with Okeechobee Lodge No. 54, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Organizing and Beautification Project.
SUMMARY:
The Resident Education to Action Program (REAP) is a five (5) week, hands-on
educational course on community revitalization and civic leadership development
for residents and neighborhood organizations that are seeking to improve the
quality of life within their communities. Remaining funds from REAP
Fiscal Year 2009-2010 were carried forward to implement projects for REAP
Fiscal Year 2010-2011. The Agreements being submitted represent the REAP
projects selected by the Office of Community Revitalization Director to receive
grant funding. Countywide (AH)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. 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 (2) 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)
3. Staff recommends
motion to approve:
A)
Amendment No. 2 to the Loan
Agreement (R2004-0844) with Thirteenth Street Industrial Park, Inc. (TSIP) to
include Financial Statement and Tax Return language that are consistent with
County policies and guidelines;
B)
Amendment No. 2 to the
Promissory Note for the acquisition of the property loan, to include new
Financial Statement and Tax Return language that are consistent with County policies
and guidelines; and
C)
Amendment No. 2 to the
Promissory Note for the purchase of Machinery and Equipment loan to include new
Financial Statement and Tax Return language that are consistent with County
policies and guidelines.
SUMMARY: These Amendments provide for financial statements to be furnished upon County’s request. The Amendments also
provide that the annual federal tax returns of Borrower and Guarantors be
furnished to the County within 30 days of filing, but in no event later than
October 15th following the close of any tax year. In addition, any state income tax returns of
Borrower and Guarantors should be furnished to the County no later than 30 days
after the due date for filing same, including extensions. These Amendments will
ensure that the Agreement and the Promissory Notes are consistent with current
County policies and guidelines. These are federal funds that do not require
a local match. District 7 (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve: Warrant
List: A) corrections of August 17, 2010; and B) list dated September 14, 2010.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting
Type Meeting
Date
Workshop October 27, 2009
Workshop November 24, 2009
Regular December 15, 2009
Joint/Legislative Delegation January 6, 2010
Zoning January 7, 2010
Zoning January 28, 2010
Workshop March 16, 2010
Joint/Health Care District March 16, 2010
Regular April 6, 2010
Regular April 20, 2010
Zoning June 24, 2010
Comprehensive Plan July 21, 2010
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders,
minor contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during July 2010. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a report of plat recordations from April 1,
through June 30, 2010. SUMMARY:
This is a quarterly summary of subdivision plats recorded during the past
fiscal quarter as required by the Department of Engineering and Public Works
Policies and Procedures Manual Item No. EL-O-2618, governing administrative
approval of plats by the County Engineer.
Countywide (MRE)
2. Staff recommends
motion to:
A) adopt a Resolution to amend the initial interest
rate of 6.5 percent to a 5.5 percent interest rate;
B) approve finalization of the assessment roll at $25 per abutting foot for the Navarre Road Paving Improvement Project (Project) and to hereby authorize the Tax Collector’s Office to process and collect the assessment payments; and
C) approve the transfer of Navarre Road to a County-owned and maintained roadway.
SUMMARY: Finalization of the assessment
roll for the Project, (Project No. 2006145) from Haverhill Road, east to the
end, (Section 25, Township 44 South, Range 42 East) is needed so the assessment
payments can be processed and collected by the Tax Collector’s Office. The
Resolution will amend the previous interest rate of 6.5 percent to a revised
interest rate of 5.5 percent. Navarre Road will be reclassified from a County
courtesy maintained roadway to a County maintained roadway. District 2 (MRE)
3. Staff recommends motion to adopt: a Resolution authorizing the County Administrator or his designee
to approve amendments to existing funding agreements with the Florida
Department of Transportation (FDOT) to extend the expiration date of the
agreements. SUMMARY: Approval
of this will allow the County Administrator
or his designee to approve time extensions to existing agreements with FDOT. Countywide
(MRE)
4. Staff recommends motion to approve: a Contract Amendment with American Traffic Solutions for red light cameras, reflecting changes required by the creation of the Mark Wandall Traffic Safety Program. SUMMARY: Approval of this action will make the terms of the contract consistent with the recently adopted House Bill 325. House Bill 325 created the Mark Wandall Traffic Safety Program which regulates the use of red light cameras. Countywide (MRE)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve: an Interlocal Agreement with the Loxahatchee River
Environmental Control District (District) regarding open cuts in Palm Beach
County (County) maintained rights-of-way. SUMMARY: The District
has agreed to follow the policies and procedures set forth by the County
regarding open cuts in County roads; however, the District is requesting that
it not be required to provide surety for the open cuts, as required by County
Policy, but instead will be bound by the terms and conditions of this
Interlocal Agreement. This is similar to the agreement entered into between the
County and the Village of Palm Springs last year. District 1 (MRE)
6. Staff recommends
motion to approve: Change Order No. 4 in the amount of $719,750 to
Contract No. R2010-0022 with J.W. Cheatham, LLC for construction of 45th
Street from Jog Road to east of Haverhill Road and Jog Road south of 45th
Street to north of 45th Street. SUMMARY: Approval of Change
Order No. 4 will allow for the removal and disposal of unsuitable materials and
replacement with clean compacted fill. Fifty percent of this Change Order will
be reimbursed by Florida Department of Transportation. The current contract amount (not including
this Change Order) is $14,658,347.35. Districts 6 & 7 (MRE)
7. Staff recommends
motion to:
A) authorize the Chair to execute a Federally Funded
Subgrant Agreement (Agreement) between the Florida Division of Emergency
Management (DEM) and Palm Beach County for the construction of a water
management area (Lake) within the Westgate/Belvedere Homes Community
Redevelopment Area (CRA); and
B) approve a Budget Amendment of $885,957, in the
Capital Outlay Fund to recognize the funding from the Federal Emergency
Management Agency (FEMA) for the Hazard Mitigation Grant, $664,468, and from
the CRA for the 25% match requirement of $221,489, and appropriate it to
Westgate/Belvedere Community North Drainage Study.
SUMMARY: Approval of
this Agreement and Budget Amendment will allow the utilization of funding to
complete the construction of the Lake for storm water detention. This would complete Phase 2 of the Westgate
Central Lakes Project No. 2009054. FEMA has agreed to approve a Hazard
Mitigation Grant, Contract Number 11HM-2Y-10-60-01-001, with a Federal Share
amount of $664,468, for the construction of the Lake. District 2 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Amendment No. 13 to the Contract (R96-0714D) with Denise M. Nieman, County Attorney; extending said contract for one (1) additional year, ending on September 30, 2015. SUMMARY: This Amendment provides for the services of Denise M. Nieman as County Attorney. The contract was automatically extended for one (1) additional year through September 30, 2015. No salary increase is being sought; the current annual salary is $199,513. Countywide (DMN)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: an Agreement with Broad and Cassel for Airport-Related
Bankruptcy Legal Services, providing for attorney’s fees in a total amount not
to exceed $250,000 and reimbursable costs to up to $25,000, for a total of
$275,000 for the entire five (5) year contractual period, which includes the
three (3) individual yearly renewal periods.
SUMMARY: Bankruptcy law is a highly
specialized area. Airport bankruptcies
often involve large sums of money due to Palm Beach County. It is therefore in the County’s best interest
to retain counsel to provide legal assistance, on an as-needed basis in the
more complex airport-related bankruptcies matters. The initial contract period is for two (2)
years from December 21, 2009, and providing for $100,000 in attorney’s fees and
$10,000 in reimbursable costs, with three (3) yearly renewal periods at $50,000
attorney’s fees per year and $5,000 in reimbursable costs. This Agreement is being funded exclusively
from the Department of Airports and not ad valorem revenue. Countywide
(PM)
3. Staff recommends
motion to approve: an Addendum
to the stipulated settlement agreement with the Town of Highland Beach which
was approved by the Board of County Commissioners on May 18, 2010. SUMMARY: On May 18, 2010, the Board
of County Commissioners approved a stipulated settlement agreement with the
Town of Highland Beach resolving pending litigation between the parties
regarding the Town’s approval with conditions of the County’s special exception
use application for the Cam D. Milani Park. The settlement agreement contained
scrivener’s errors which both parties wish to be clarified through the
execution of the Addendum, including a corrected effective date, contact
information for the Town of Highland Beach, an updated clarification regarding
the County’s dispute with Boca Highlands Condominium Association, and a
specific reference to the version of the Town Code to be used in implementing
the settlement agreement provisions. District 4 (ATP)
4. Staff recommends
motion to approve: a
Settlement in the amount of $566,170, which includes attorney’s fees, expert
fees and costs, in the eminent domain action styled Palm Beach County v.
Maria Mink, et al., Case No. 502006CA010149AG, for the taking of Parcel
4, owned by Rolando Ruben Ramos and Ana Maria Valdivia. SUMMARY: The County has negotiated a
settlement in the amount of $550,000, subject to the approval of the Board of
County Commissioners, for Parcel 4 as full compensation for the land taken and
all damages of any kind whatsoever, excluding attorney’s fees, expert fees and
costs. The County previously deposited
$501,000 as its initial good faith deposit and estimate of value for the land
taken. Attorney’s fees, expert fees and costs total $16,170, making the total
settlement $566,170. The Owner’s Appraiser valued the subject property at
$650,000. If this settlement is approved, it would require the County to pay an
additional $65,170, to fully fund the settlement. District 6 (PM)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract for Provision of Financial Assistance
with 211 Palm Beach Treasure Coast, Inc., for the period October 1, 2010,
through September 30, 2011, in an amount not to exceed $45,707 for supportive services
to homeless persons. Summary: 211 Palm Beach Treasure Coast, Inc. will
provide homeless individuals access to a toll free Homeless Helpline and an
Intake Worker 24 hours per day, 7 days per week for 365 days per year. The intake worker screens appropriate
referrals for the Homeless Outreach Teams (HOT), accesses other available
resources and enters all data into the Client Management Information System
(CMIS), a centralized computer database.
The Homeless Helpline will work in conjunction with the 211 Information
System. Payment is based on a unit cost
and the estimated number of appointments scheduled for the HOT. A total of $45,707 in County funds is included
in the FY 2011 budget. County
obligations under this contract are subject to budget approval. (Human
Services) Countywide (TKF)
2. Staff recommends
motion to receive and file: revised
Attachment II - Agreement
Report Schedule to Standard Agreement No. IP010-9500 (R2010-0842) for the Emergency Home
Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period April 1, 2010, through July 1,
2011. Summary: The revised Attachment II - Agreement Report Schedule modifies the
standard agreement to include the submission of additional monthly reports by the
Division of Senior Services to the AAA to authorize benefit payments for EHEAP.
In the area south of Hypoluxo Road, Mae Volen Senior Center, Inc. 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)
3. Staff recommends
motion to approve:
A) Contract with
Gulfstream Goodwill Industries, Inc., for the period October 1, 2010, through
September 30, 2011, in an amount not to exceed $34,005, for supportive services
to homeless persons; and
B) a waiver of prohibited
relationship pursuant to Ordinance 2009-051, the Palm Beach County Code of
Ethics, for Thomas Bell and Michelle Carter of Gulfstream Goodwill Industries,
Inc., members of the Palm Beach County Homeless Advisory Board.
Summary: Gulfstream Goodwill
Industries Inc. will provide case management services to 30 homeless
individuals through the Transitional Housing program, Project SUCCESS (Start
Ultimate Challenge, Choose Empowerment, Self Sufficiency). Case management
services are a vital link to meet the needs of the homeless individual to
overcome the numerous barriers that have led to their homelessness. Prohibited
relationship waivers are being recommended for two (2) employees of Gulfstream
Goodwill who serve on County advisory boards. The individuals have disclosed
this relationship and are requesting a waiver pursuant to Section 3.D. of the
Code of Ethics. The waivers are being recommended based on a staff
determination that the execution of this contract will not create a conflict of
interest with the continued service of the individuals on the advisory board. A
total of $34,005 County funds are included in the FY 2011 budget. County obligations under this Contract are
subject to budget approval. (Human
Services) Countywide (TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Standard Contract No.Y1119 for the Adult
Care Food Program (ACFP) with the Florida Department of Elder Affairs (DoEA)
for the period October 1, 2010, through September 30, 2011, in an amount
not-to-exceed $82,835. Summary: The ACFP provides meal
reimbursements to approved providers for servicing eligible adult
participants. Under this Contract, DOSS
will be reimbursed $82,835 to continue servicing meals and snacks to eligible
Adult Day Care clients age 60 and older. The ACFP is a component of the
federally funded Child and Adult Care Food Program, operated nationally by the
USDA and administered, at the state level, by the DoEA. No County match is
required. (DOSS) Countywide (TKF)
5. Staff recommends motion to ratify: the Chair’s signature on the State of Florida, Department of Community Affairs FY 2010-2011 Community Services Block Grant (CSBG) application for the period of October 1, 2010, through September 30, 2011, in an amount not-to-exceed $1,070,579. Summary: The FY 2011 CSBG will provide a range of services to low-income households in Palm Beach County that enables families to become self-sufficient. CSBG funds will help stabilize low-income families through assistance with utility, shelter, transportation, and child care costs. In addition, the funding supports assistance to low-income persons seeking to gain or maintain employment. The emergency signature process was used to ensure timely submission to DCA. A 20% County required match of $178,430 is included in the FY 2011 budget. County obligations under this agreement are subject to budget approval. (Community Action Program) Countywide (TKF)
6. Staff recommends
motion to ratify the Chair’s signature on:
A) Child Care Food Program (CCFP) Contract for
the period of October 1, 2010, through September 30, 2011, in the amount of
$1,359,067 for meals served to Head Start/Early Head Start children;
B) Amendment No. 1 to FY 2010-2011 Contract;
and
C) the Child Care Food Program Delegation of
Signing Authority document, authorizing the Department of Community Services
Director to sign program documents required by the Department of Health (DOH).
Summary: This Contract will enable the Head Start
Program to participate in the FY 2010-2011 CCFP by providing 979 infants,
toddlers and children with breakfast, lunch, and a snack each day. Amendment
No. 1 is needed to incorporate necessary provisions to the contract. It reflects new food safety and sanitation
requirements, the right to legal counsel and the distribution of copies. The
Delegation of Signing Authority form will allow one (1) representative, other
than the Chairperson, to sign any additional forms from the DOH during the
contract period. Head Start staff projects reimbursement of $950,000 from the
DOH. County support of $409,067 is
required for a total amount of $1,359,067 to serve meals to Head Start and
Early Head Start children. The application was received at the DOH training
workshop on August 2, 2010. The County funds are included in the proposed FY
2011 budget. (Head Start) Countywide (TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to approve: Memorandum of Agreement (MOA) with the
Children’s Services Council of Palm Beach County (CSC), for the period of July
1, 2010, through September 30, 2011, in an amount of $88,387, with a yearly
management fee not to exceed $45,000, for the utilization of the Services and
Activity Management Information Services (SAMIS) system. Summary: SAMIS is a web-based reporting system
developed to increase the efficiency of the program and financial data transfer
between the Department and its funded agencies.
SAMIS will be used to track Department funded agencies’ demographic
information, referrals, program services and activities, measurable objectives,
waiting times for services, attendance, volunteers, budgetary data,
reimbursement process and position management.
Membership is limited to the CSC and this MOA will allow the County, as a
local funding partner, to utilize the SAMIS through CSC’s membership. Other counties participating in this effort
include Broward, Duval, Martin and Pinellas.
All entities using SAMIS share in the operating expenses, billed on a
quarterly basis, which affords participants the opportunity to work directly
with the SAMIS developers to make individual enhancements. The initial cost of $88,387 is in the current
budget and the yearly management fee, not to exceed $45,000 will be requested
in the 2012 and future budgets. Countywide (TKF)
8. Staff recommends
motion to approve: 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 (AAA) of Palm
Beach/Treasure Coast, Inc. for the period July 1, 2009, through October 1,
2010, increasing the agreement amount by $8,000 for a new total amount
not-to-exceed $99,763. Summary: RELIEF started on July 1, 1998, and has been
operating as a volunteer stipend program for 12 years. The purpose of this Amendment
is to increase the agreement amount by $8,000 for reimbursement for In-Home
Respite services to the elderly. (DOSS) Countywide
(TKF)
9. Staff recommends
motion to:
A) ratify the Chair’s signature on the State of Florida, Department of Community Affairs (DCA), FY 2010 Community Services Block Grant – American Recovery and Revitalization Act (CSBG-ARRA) grant modification in the amount of $50,000, for the period July 1, 2009, through September 30, 2010;
B) approve Amendment No. 1 to the Sub-Grant Agreement with Gulfstream Goodwill Industries, Inc. (Goodwill) (R2010 0040), increasing the contract by $42,500 for a new not-to-exceed total of $1,128,725, for the period of October 1, 2009, through September 30, 2010; and
C) approve an upward Budget Amendment of $65,000 in the Community
Action Program (CAP) fund to reconcile the grant budget contingent upon the
grant award and recognize the program income generated from the CSBG-ARRA
program.
Summary: The emergency signature process was used on the CSBG-ARRA modification grant in an effort to return it to the Department of Community Affairs in a timely manner. The additional $50,000 from the grant and $15,000 from program income will allow the CAP to increase the current Goodwill contract and reimburse other expenses. A budget amendment is needed to recognize the additional funding. No match is required. (Community Action Program) Countywide (TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
10. Staff recommends
motion to approve:
A) an Agreement with the Health Care District of Palm Beach County for Joint Participation in a Community Health Planning Project; and
B) a Budget Transfer of $15,000 in the General Fund from Financially Assisted Agencies (FAA) to Community Services Department.
Summary: This
Agreement defines the responsibilities of the County and the Health Care
District in a community-wide strategic health planning process utilizing the
MAPP (Mobilizing for Action through Planning and Partnerships) tool. The planning process is being conducted by
the Health Care District and the Palm Beach County Health Department in
partnership with the County and various community organizations. The end product deliverable addressed in this
Agreement is a comprehensive healthcare plan for Palm Beach County. The
Agreement commits the County to a one-time payment of $15,000 to the Health
Care District to help offset the consultant fee for meeting facilitation and
plan development. The County funding is available in the current year budget as
a result of the mid-year closure of a contracted agency in FAA. Countywide
(TKF)
11. Staff recommends motion to approve: Contract with New Beginnings Community Development Center, Inc., for the period August 1, 2010, through September 30, 2010, in the amount of $39,766, to deliver self sufficiency services to low-income individuals and families. Summary: New Beginnings Community Development Center, Inc. a not-for profit agency, is providing a range of services to low-income households in Palm Beach County that enable families to become self-sufficient. Community Action is expanding those services to help 25 Community Services Block Grant (CSBG) eligible families also attain self-sufficiency. Participants will receive case management, counseling and workshops. New Beginnings will also coordinate direct assistance with rent/mortgage, transportation, uniforms, school supplies, child care costs and other supports as deemed necessary. These services will enable participants to be more self-sufficient by eliminating one or more of the government assistance programs they are currently receiving. Funding includes a 20% County match totaling $7,953 and 80% grant funds totaling $31,813. (Community Action Program) Countywide (TKF)
12. Staff recommends
motion to approve: a Memorandum of Agreement (MOA) with the
State of Florida Department of Children and Families (DCF) for the Interim
Assistance Reimbursement Program (IAR), with no expiration date, to receive
reimbursement of funds expended on behalf of Supplemental Security Income (SSI)
applicants. Summary: The
Social Security Administration requires counties to enter into a MOA with
DCF in order to be eligible for the IAR. The MOA documents that the County
agrees to the terms governing the IAR process. The MOA does not obligate the
County to assist applicants, but should the County accept clients pending SSI
determination, then the County is obligated to follow the IAR process. (Human
Services) Countywide (TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. DELETED
2. Staff recommends
motion to approve: a Second Amendment to Lease Agreement for Fixed Base
Operation at Palm Beach International Airport (R2004-1990) with Signature
Flight Support Corporation (Signature), a Delaware Corporation, to correct an
error in the rental adjustment provisions for ground and building space leased
at the Palm Beach International Airport (PBIA). SUMMARY: Signature provides
fixed-based operator services for general aviation aircraft at PBIA pursuant to
a Lease Agreement for Fixed Base Operation dated September 30, 2004
(R2004-1990). This Amendment corrects an error in rental adjustment provisions
related to the calculation of the percentage change in Consumer Price Index and
provides for the addition of language related to the Office of the Inspector
General. Countywide (HJF)
3. Staff recommends
motion to approve:
A) Amendment No. 3 to the General Consulting Agreement with
Ricondo & Associates, Inc. for consulting/professional services in the
amount of $1,434,885 for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program; and
B) a Budget Transfer of $645,688 in the Airports
Improvement and Development Fund from Reserves to provide budget to fund the
Consulting Agreement.
SUMMARY: The
Consulting Agreement (R2009-1643) with Ricondo & Associates, Inc. for
general airport planning and design was approved on October 6, 2009 in the
amount of $1,723,324 in order to carry out the approved Capital Improvement
Programs for the County’s Airports. The
agreement is for two (2) years with two (2) - one (1) year renewal options.
Amendments 1-2 were approved for a net increase in the amount of $1,705,342.
Approval of Amendment No. 3 in the
amount of $1,434,885 will provide funds to complete the following tasks and
services: Task I Services – Palm Beach International
Airport (PBIA)– Golfview Implementation Planning, PBIA Baggage System Upgrades,
PBIA Terminal Flooring Replacement (Phase I), PBIA Annual Noise Report, PBIA
Security System Enhancements (Program Verification), PBIA Terminal Chiller
Plant Improvements (Phase 1), PBIA Interactive Airport Layout Plan, PBIA
Targeted Airline Route Analysis and Presentations, PBIA Passenger Facility
Charge Use Applications, PBIA Parcel W-328 Review Appraisal, Acquisition &
Phase I Environmental Site Assessment,
Palm Beach County Park (LNA) Stormwater Master Plan Supplement No. 1 –
Wetlands Boundary Survey, and Miscellaneous General Aviation Airport Security
Improvements (Phases 3 & 4); Task III Services – Miscellaneous
Architectural, Engineering and Planning Services. Ricondo & Associates, Inc. is a Chicago,
Illinois based firm; however, the majority of the work to be completed in this
Amendment will be done through their Miami, Florida office in conjunction with
several Palm Beach County-based subconsultants and firms. Certain tasks
performed during the term of this Amendment may be eligible for State and
Federal grant participation. The Disadvantaged Business Enterprise (DBE)
participation for this Amendment is 10.99%.
The total DBE contract goal including all amendments is 23.85%. Countywide (JCM)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to adopt: a Resolution establishing a standard form Cargo
Building Lease Agreement (Lease); authorizing the County Administrator or his
designee to execute the standard form Lease, and amendments to the Lease for
the purpose of relocating, increasing or decreasing a tenant’s leased or
licensed premises; repealing Resolution 2010-0850; and becoming effective upon
adoption. SUMMARY: The Resolution
establishes a new standard form Lease for use with tenants at the cargo
building at 1300 North Perimeter Road (Building 1300) at the Palm Beach
International Airport (PBIA), which will replace the standard form Cargo
Building Lease Agreement established by Resolution 2010-0850. The Resolution
authorizes the County Administrator or his designee to execute the standard
form Lease on behalf of the Board and amendments to the Lease for the purpose
of relocating, increasing or decreasing a tenant’s leased or licensed premises. Revisions to the previously approved standard
form lease were requested by the existing tenants to address operational
issues, provide for a reduced security deposit equal to 1.5 months rental and
include a termination for convenience clause.
Countywide (HJF)
5. Staff recommends
motion to receive and file: five (5) original Agreements for the Department of Airports:
A)
Hangar Lease Agreement with
Davin T. Connelly, Jr., Unit 13, Building 11220, at North County General
Aviation Airport for one (1) year, automatically renewed at one (1) year
intervals, commencing on July 1, 2003;
B)
General
Aeronautical Services Permit with Airport Terminal Services, Inc., commencing October
1, 2010, expiring September 30, 2011, automatically renewed on a year-to-year
basis (10/1 through 9/30);
C)
Consent to Sublease for a
Sublease Agreement between Galaxy Aviation of Palm Beach, Inc. and Mountain
Eagle Aviation, LLC, commencing July 1, 2010;
D)
Fourth Amendment to
Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc., effective August
2, 2010; and
E)
Non-concessionaire Rental
Car and Parking Lot Operator Ground Transportation Permit with Rent Max Miami,
Inc., effective June 7, 2010, terminating September 30, 2010, automatically
renewed on yearly basis (10/1 through 9/30).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the Board of County
Commissioners in R1994-1453, R2003-0522, R2006-1906, R2009-1267 and R2010-0708.
Countywide (AH)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) Budget Amendment of $495,800 in the School Impact Fee Zone 1
Account-Contributions to Other Governmental Agencies;
B) Budget Amendment of $211,000 in the School Impact Fee Zone 2
Account-Contributions to Other Governmental Agencies;
C) Budget Amendment of $469,077 in the School Impact Fee Zone 3
Account-Contributions to Other Governmental Agencies; and
D) Budget Amendment of $107,750 in the School Impact Fee Zone 4
Account-Contributions to Other Governmental Agencies.
SUMMARY: These Budget Amendments in the School Impact Fee accounts recognize additional school impact fee revenues collected in FY 2010 and allow the County to appropriate and remit the revenues to the Palm Beach County School District in accordance with Article 13 of the Unified Land Development Code. Countywide (LB)
2. Staff recommends
motion to approve:
A) Budget Transfer from School Impact Fee Zone 1 reserve account to School
Impact Fee Zone 1 appropriation account for $437,228;
B) Budget Transfer from School Impact Fee Zone 2 reserve account to School
Impact Fee Zone 2 appropriation account for $365,036;
C) Budget Transfer from School Impact Fee Zone 3 reserve account to School
Impact Fee Zone 3 appropriation account for $500,000; and
D) Budget Transfer from School Impact Fee Zone 4 reserve account to School
Impact Fee Zone 4 appropriation account for $385,187.
SUMMARY: These Budget Transfers recognize additional revenues collected in FY 2010 and allow the County to appropriate and remit the revenues to the Palm Beach County School District in accordance with Article 13 of the Unified Land Development Code. Countywide (LB)
3. Staff recommends
motion to approve: a Budget
Amendment of $20,644,948 in the $19.53M General Obligation Refunding Bonds,
Series 2010 (Library District Improvement Project) debt service fund to budget
bond proceeds, cost of issuance and the payment to the refunding bond escrow
agent on the bonds. SUMMARY: On
May 18, the Board authorized the issuance of the refunding bonds for all or a
portion of the General Obligation Bonds, Series 2003 (Library District
Improvement Project) and authorized the County Administrator to publish through
electronic means a summary Notice of Sale and to receive bids pursuant to a
competitive sale of the bonds and award the sale of the bonds to the
responsible bidder offering the lowest true interest costs to the County
resulting in a minimum net present value savings of not less than 3.5%. The County accepted bids to refund a portion
of the Series 2003 Bonds on August 24 and awarded the sale of the Series 2010
Refunding Bonds to Fidelity Capital Markets at a net present value savings of
$1,873,713 or 10.42%. This Budget
Amendment establishes budget for the sale of the 2010 Refunding Bonds, the
costs of issuance and the payment to the refunding bond escrow agent. Countywide
(PFK)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to approve: a Contract with MAC Construction, Inc. in the amount of $399,990 to provide replacement bus lifts at the Palm Tran Administration and Maintenance Facility in West Palm Beach. SUMMARY: The work consists of replacing the pistons, cylinders, motors, pumps and hydraulics for two (2) of the four (4) existing in-ground bus lifts. A replacement of two (2) of the four (4) lifts with a new system (with guaranteed availability of parts for seven years) will help alleviate the maintenance issue with two (2) of the lifts because the existing bus lifts have reached the end of its useful life, have become an expensive maintenance problem, and parts are no longer available. This project is funded by a contract between Palm Beach County and the U.S. Department of Transportation, Federal Transit Administration (FTA) and governed by the provisions listed under the Master Grant Agreement FTA MA (15) dated October 1, 2008. All applicable Federal Certifications and Representations are required to meet grant specifications. All activities related to this project are subject to the following conditions which are outlined in greater detail in U.S. Department of Transportation (USDOT) regular 49 CFR part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government”; Federal Transit Administration (FTA) Circular 4220.1F, “Third Party Contracting Guidelines,” dated November 1, 2008, as may be amended, and other laws and regulations governing procurement activities for Palm Beach County programs and projects. Davis Bacon requirements including a Disadvantaged Business Enterprise (DBE) goal of 10%, and prevailing wage provisions shall apply to all contractors and all tiers of subcontractors. DBE participation for this project is 14.3%. The total construction duration is 120 days. MAC Construction, Inc. is a Palm Beach County company. (FD&O Admin) Countywide/District 7 (JM)
2. Staff recommends
motion to approve: Amendment No. 6 to Contract with The Weitz Company
(R2007-1105) in the amount of $485,990 to replace the exterior caulking of the
Judicial Center. SUMMARY: The work consists of removal and
replacement of all exterior caulking including resealing of all building joints
for the Main Courthouse and State Attorney/Public Defenders buildings with a
weatherproofing sealant. These buildings experience wind-driven water intrusion
through the exterior surface. This has been an on-going problem throughout the
various sections of the buildings, during routine driven rains and more
substantial rain events. The caulking is
beyond its useful life and was identified early after the completion of
construction as a condition to watch. Combined with the glass replacement, a
major component of the building envelope will be replaced and sealed. The Weitz Company is currently replacing the
glass of the Courthouse and having the work completed concurrent with the
windows, will result in a savings in general conditions costs. The Small Business Enterprise (SBE) goal is
15%. The SBE participation in this Amendment is 18%. When the participation for
this work order is added to The Weitz Company’s total participation to date,
the overall SBE is 19.4%. The construction duration is 180 days. This is a
budgeted maintenance repair to this facility and funding is from the Countywide
Repair, Replace, and Renovate account. (Capital Improvements Division) Countywide/District
7 (JM)
3. Staff recommends motion to approve: a Utility Easement Agreement with Florida Power & Light Company (FPL) for additional electric service at the County’s Four Points Center in unincorporated West Palm Beach. SUMMARY: Four Points Center is located at the southeast corner of Southern Boulevard and South Military Trail in West Palm Beach. As part of the Phase 1 renovations of the Four Points Office Building, an existing easement needs to be extended in order to allow for the installation of a new transformer and removal and replacement of the old transformer with a splice box. All improvements are located underground with the exception of an above-ground transformer located on a concrete pad. The easement area is approximately 294 feet long, 10 feet wide, and contains a total of 2,946 square feet (0.07 acres). The easement is non-exclusive and is being granted to FPL at no charge as it provides additional electric service to County-owned facilities. (PREM) District 2 (HJF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to accept: a License Agreement from the City of South Bay which
is required for the development of the County’s new Fire Rescue Station No. 74
site in South Bay. SUMMARY: The County is in the process of developing a
site for the replacement of Fire Rescue Station No. 74 in South Bay. The site is located on the northeast side of
North US Highway 27 at the entrance to the proposed South Bay Park of
Commerce. The County acquired the
3.04-acre site from the City of South Bay in 2007. Development of the site will require the
placement of fill, sloping, grading, tying in, harmonizing and reconnecting the
existing elevation grade of the adjacent City property with the final site
elevation of the Fire Station. The City is granting a License to the County to
use its land for these purposes. The area covered by the License, located
adjacent to the northeast boundary of the County parcel, is 368.5 feet long,
varies in width from 15.00 feet to 25.02 feet, and contains 6,233 square feet
(0.14 acres). The License is being granted by the City at no charge. (PREM) District 6 (HJF)
5. Staff recommends
motion to approve: a Utility Easement Agreement with Florida Power
& Light Company at Jupiter Farms Park in unincorporated Jupiter. SUMMARY:
The Parks and Recreation Department is in the process of constructing a lake
side group picnic pavilion at Jupiter Farms Park. An easement is needed to bring power to the
pavilion. The Park is located at 16655
Jupiter Farms Road in the Jupiter Farms community, west of Florida’s Turnpike
and south of West Indiantown Road, west of the Town of Jupiter. The easement is approximately 848.17 feet
long, 10 feet wide, and contains 8,482 square feet (0.19 acres) in the northern
portion of the property. The improvements associated with this easement, with
the exception of a transformer and a power pole drop line, are located underground.
This non-exclusive easement is being granted at no charge as it provides
service to a County facility. (PREM) District 1 (HJF)
6. Staff recommends
motion to approve: a Unity of Title
for County property located on Saranac Avenue and Seminole Boulevard in
unincorporated West Palm Beach. SUMMARY:
The County is finalizing the design plans for a new Fire Station on Seminole
Boulevard between Saranac Avenue and Oswego Avenue in Westgate. Upon completion of the design, the project
will be put on hold until funding becomes available for construction. In
connection with this project, the County recently abandoned 379 feet of the 40'
wide Saranac Avenue right-of-way which is located immediately west of Seminole
Avenue. As a condition of approval for the abandonment, the County is required
to record a Unity of Title to combine the subject 40' strip with two (2) adjacent
County parcels currently being used as a storm water retention lake. (PREM) District
2 (HJF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in .14 acres of surplus property to the City of West Palm
Beach without charge and with reservation of mineral and petroleum rights, but
without rights of entry and exploration pursuant to Florida Statutes Section
197.592(3); and
B) approve a County Deed in favor of the City of West
Palm Beach.
SUMMARY: The
City of West Palm Beach requested the conveyance of a County-owned vacant
surplus property. The .14 acre property
was acquired by Tax Deed in March of 2005 and is located at 818 - 8th
Street, within the City’s municipal boundaries with an assessed value of
$35,088. The property is being conveyed pursuant to Florida Statutes Section
197.592(3), which requires the conveyance of surplus property acquired by Tax
Deed to the municipality in which it is located. The subject property has been declared
surplus and serves no present or future County purpose. The City proposes to utilize this property
for housing, landscaping or community related programs. Staff believes that
this property will be more appropriately developed, managed and maintained by
the City. Housing & Community Development has reviewed this conveyance and
has no objections to the conveyance but would prefer that the use be restricted
to affordable housing. This conveyance will relieve the County of potential
liability for occurrences on this property and also the cost of continued
maintenance. The County will retain mineral and petroleum rights in accordance
with Florida Statutes Section 270.11, without rights of entry and exploration. (PREM)
District 7 (HJF)
8. Staff recommends
motion to approve: Amendment Number Four to Lease Agreement (R97-2126D)
with Aspen Skees Road, LLC, for the County’s continued use of 6,000 SF of
office and warehouse space for the Palm Beach County Sheriff’s Office at an
annual rate of $68,820 ($11.47 per SF). SUMMARY: Since January 1, 1998, the County has leased
office and warehouse space at 1438 Skees Road in West Palm Beach. This
Amendment Number Four: i) extends the
term of the Lease Agreement one (1) year to December 31, 2011; ii) maintains
the current annual rental rate during this one (1) year extension; and iii)
updates the Lease Agreement to incorporate the Disclosure of Beneficial
Interests and Inspector General standard provisions. The landlord has agreed to
suspend the approximate five percent (5%) rental rate increase adjustment
during this one (1) year extension which will save $3,441. All other terms of the Lease Agreement remain
unchanged. (PREM) District 2 (HJF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: a First
Amendment to Agreement of Lease dated June 22, 2004 (R2004-1438), with the Florida Department of Education on behalf of
the Division of Blind Services for the continued use of 825 SF of space within
the Palm Beach County Judicial Center at an annual rate of $13,322.72. SUMMARY: The Florida Department of
Education on behalf of the Division of Blind Services currently leases
approximately 825 SF of floor space within the Palm Beach County Judicial
Center located at 205 North Dixie Highway in West Palm Beach, for the operation
of Don’s Coffee Spot. The initial
term of the Lease was for two (2) years ending September 30, 2006, with four
(4) successive extension options, each for a period of two (2) years. This First Amendment: i) exercises the third
renewal option extending the term of the Lease for two (2) years, from October
1, 2010, through September 30, 2012, ii) revises Section 4.05 to include a prohibition
against discrimination based on gender identity or expression, iii) replaces
Article VIII Indemnification to language more suitable for use between
governmental agencies, iv) updates the Notice provisions and, v) adds language
acknowledging the power and authority of the Office of Inspector General. The
annual rent for this extension period is $13,322.72 based on an estimated
annual three percent (3%) CPI increase.
All other terms and conditions of the Lease shall remain in full force
and effect. (PREM) District 7 (HJF)
10. Staff recommends
motion to approve: a Concessionaire Service Agreement with DH2, Inc.
for operation of Food and Beverage Services at Osprey Point Golf Course in
South County Regional Park. SUMMARY:
The Parks and Recreation Department desires a fixed and mobile food and
beverage services concession at the Osprey Point Golf Course, located in South
County Regional Park. In June 2010, PREM advertised a Request for Proposals to
sell food items, beverages including beer and wine, and sundry items to the
patrons at Osprey Point Golf Course from the snack bar area in the clubhouse
and from mobile food and beverage service carts on the golf course. Proposals were received from two (2)
respondents, DH2, Inc. and Ala Carte Golf Service, Inc. A Selection Committee, consisting of two (2)
representatives from the Parks and Recreation Department and one (1) from the
Property and Real Estate Management Division, reviewed the proposals on August
2, 2010 and determined that the proposal submitted by Ala Carte Golf Services
was non-responsive as it failed to provide for the minimum guaranteed annual
rent of $6,000 per year as required in the RFP. The Selection Committee
reviewed DH2, Inc.’s proposal, deemed it responsive and voted unanimously to
support DH2, Inc.’s proposal. The initial term of the Agreement is for two (2)
years commencing either the first day the Golf Course opens to the public, or
30 days after the Effective Date of this Agreement, whichever occurs last. The Agreement includes three (3) extension
options, each for one (1) year. The guaranteed annual rent is $6,000, to be
paid in equal monthly installments of $500, with annual four percent (4%)
increases, together with the payment of an annual “per round” fee of .20 for
each round of golf played during the preceding 12 months that exceeds 60,000
rounds. DH2, Inc. has posted the
required $1,000 security deposit. The sole
shareholder and principal of DH2, Inc., Todd Weiss, has executed a personal
guaranty of the Concessionaire Service Agreement. (PREM) District 5 (HJF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2009-0649), with the City of Lake Worth, to extend the expiration date from September 30, 2010, to May 31, 2011. SUMMARY: This Amendment provides an extension of eight (8) months to the term of the existing Agreement for the park improvements at Sunset Ridge Park in the City of Lake Worth. The time extension is requested to provide the City time to prepare bid documents, and to bid and construct the project. These are federal Community Development Block Grant funds that require no local match. District 3 (TKF)
2. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2010-1123) with the Westgate/Belvedere Homes Community Redevelopment Agency to increase the grant amount from $600,000 to $700,000. SUMMARY: This Amendment provides an additional $100,000 in Community Development Block Grant (CDBG) funds to the existing Agreement for the construction of the Cherry Road Bridge in the Westgate/Belvedere Homes area. The original Agreement amount of $600,000 was funded through the Community Development Block Grant Recovery (CDBG-R) Program. CDBG-R funds were made available under the American Recovery and Reinvestment Act of 2009 (ARRA). This funding increase will address a portion of the funding shortfall revealed upon the receipt of bids. The lowest bid received was for $740,895. The remaining balance of $40,895 needed to fully fund the project will come from the Westgate/Belvedere Homes Community Redevelopment Agency who will also fund any contingency costs. This Amendment also incorporates certain provisions into the Agreement that relate to the Office of the Inspector General. These are federal Community Development Block Grant funds that require no local match. District 2 (TKF)
3. Staff recommends
motion to receive and file: an Agreement with the State of Florida
Department of Community Affairs (DCA) for the 2008 Community Development Block
Grant (CDBG) Disaster Recovery Initiative Program (Contract No. 10-DB-K4-10-60-01-K29),
for the period of June 14, 2010, to June 13, 2012, to provide a total of
$6,533,405 under the 2008 CDBG Disaster Recovery Initiative Program (DRI 4) - Tropical
Storm Fay. SUMMARY: On October 6,
2009, the Board of County Commissioners approved a Resolution (R2009-1677)
authorizing HCD’s submittal of a Project Proposal on behalf of the County, and
authorizing the County Administrator to execute the application and sign all
documents related to the implementation of the DRI 4 program. On January 14, 2010, the County submitted to
DCA its application for DRI 4 funding.
On April 20, 2010, the County received notification of its application
approval by DCA. On May 13, 2010, the County Administrator executed the
Agreement between the County and the State and on June 14, 2010, DCA counter
executed the Agreement which provides CDBG DRI 4 grant funding to undertake 11
activities associated with Tropical Storm Fay. These are federal Community Block Grant funds that require no local
match. Countywide (TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to approve: four (4) Amendments totaling $6,520 to Agreements
under the Emergency Shelter Grants Program (ESGP) with the following agencies
for the period October 1, 2009, to September 30, 2010:
A)
Amendment No. 001 to an Agreement with
Aid to Victims of Domestic Abuse, Inc. (R2009-2066) for an additional $1,630 to
increase the amount funded from $25,000 to $26,630;
B)
Amendment No. 001 to an Agreement with Center for Family Services of Palm
Beach County, Inc. (R2009-1889) for an additional $1,630 to increase the amount
funded from $21,404 to $23,034;
C)
Amendment No. 001 to an Agreement with
Faith-Hope-Love-Charity, Inc. (R2009-1891) for an additional $1,630 to increase
the amount funded from $21,404 to $23,034; and
D)
Amendment No. 001 to an Agreement with The Salvation Army (R2009-2067) for
an additional $1,630 to increase the amount funded from $21,412 to $23,042.
SUMMARY: HCD staff has identified $6,522.81 in ESGP
funds that are available for re-programming.
These funds are derived from
unexpended ESGP funds which were awarded to seven (7) subrecepients during FY
2008-2009 and whose Agreements with the County expired on September 30, 2009.
The funds are recommended to be awarded equally ($1,630) to the following
agencies: Aid to Victims of
Domestic Abuse, Inc., Center for Family Services of Palm Beach County, Inc.,
Faith-Hope-Love-Charity, Inc. and The Salvation Army. All of the above named agencies have current
FY 2009-2010 ESGP Agreements with the County to which the additional funds will
be added. The criteria used to select
the agencies which are being recommended to receive these funds was formulated
by the ESGP Advisory Board and are as follows:
agencies have expended all of the funding received in FY 2008-2009 and
most of their FY 2009-2010 ESGP award; performed well in terms of meeting their
contractual goals; and funds be distributed to subrecipients whose contracted
activity is “Operation and Maintenance” of a homeless shelter. These are federal Emergency Shelter Grant Program
funds and the required match will be met by the agency. No match from County general funds is
required. Countywide
(TKF)
5. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2009-0209) with
Seagull Industries for the Disabled, Inc. (Seagull), to extend the expiration
date from October 31, 2010, to June 30, 2011. SUMMARY: This Amendment provides an extension of eight (8) months
to the term of the existing Agreement with Seagull for the renovation of a
portion of their facility that is used by their clients and the public. The
facility is located at 3879 West Industrial Way in Riviera Beach. Plan revisions and bid document preparation
caused delays in the project, thereby requiring the requested time extension.
The Amendment also incorporates certain provisions into the Agreement that
relate to the Office of the Inspector General.
These are federal Community
Development Block Grant funds that require no local match. District 1
(TKF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
6. Staff recommends
motion to receive and file: an Agreement with the West Palm Beach Housing
Authority for the period of July 15, 2010, to October 22, 2010, to provide
$60,000, under the 2005 Disaster Recovery Initiative (DRI) Program -
Supplemental Appropriation, for hurricane hardening at the Robinson Villas
housing development. SUMMARY: On April 23, 2008, Palm Beach
County entered into an Agreement with the Florida Department of Community
Affairs (DCA) to receive up to $19,568,569, for various projects to be funded
under the 2005 DRI Program - Supplemental Appropriation. The Agreement provided
herein is funded under said Agreement with DCA. The Assistant County
Administrator executed these two (2) Agreements 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. District 7 (TKF)
7. Staff recommends
motion to receive and file: an Agreement with the City of West Palm
Beach, for the period of July 1, 2010, to September 16, 2010, to provide
$3,045,361, under the 2005 Disaster Recovery Initiative (DRI2) Program. SUMMARY:
This Agreement provides DRI funding for the continued implementation of a
housing rehabilitation program by the City of West Palm Beach (City). The City commenced the implementation of the
rehabilitation program under Agreement (R2008-1483) which expired with the
expiration of the DRI Grant Agreement with the Florida Department of Community
Affairs on March 15, 2010. The
$3,045,361 funded through the expired Agreement is being recommitted to the
City’s housing rehabilitation program for assistance to qualified low income
property owners, for temporary relocation costs, and for City staff costs. 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 being
processed, upon the receipt of which, a commensurate time extension will be
given to the City. The Assistant 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 2 (TKF)
8. Staff recommends motion to receive and file: an Agreement with the City of Riviera Beach, for the period of February 16, 2010, to September 16, 2010, to provide $1,236,000, under the 2005 Disaster Recovery Initiative (DRI2) Program. SUMMARY: This Agreement provides DRI2 funding for the continued implementation of a housing rehabilitation program by the City of Riviera Beach (City). The City commenced the implementation of the rehabilitation program under Agreement (R2008-1483) which expired on February 15, 2010. The City’s Agreement could not be renewed in time before the March 15, 2010, expiration of the DRI2 Grant Agreement with the Florida Department of Community Affairs under which it was funded. The DRI2 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 DRI2 Grant Agreement with the State. However, a one (1) year time extension to the DRI2 Grant Agreement with the State is being processed, upon the receipt of which, a commensurate time extension will be given to the City. The $1,236,000 funded through the expired Agreement is being recommitted to the City’s housing rehabilitation program for assistance to qualified low income property owners and for temporary relocation costs. The Assistant 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)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Supplement No.1 to Work Authorization No. 4
(R2009-1293) for South Bay Regional Wastewater Pump Station with Globaltech,
Inc. (R2008-2323) providing a 184 day time extension with no change to the Work
Authorization price. SUMMARY: On
August 18, 2009, the Board of County Commissioners approved Work Authorization
No.4 (R2009-1293) South Bay Regional Wastewater Pump Station with Globaltech, Inc.
(R2008-2323) in the amount of $550,336 for the design and construction of a
packaged wastewater pump station to transport wastewater from the
decommissioned South Bay Wastewater Treatment Plant to the Glades Utility
Authority Wastewater Treatment Plant in Belle Glade. This Supplement No.1 authorizes
a time extension of 184 days to allow time for value engineering design changes
made to the pump station design to bring the project within budget. It also
incorporates time for a delay by the manufacturer in the delivery of the
pumping equipment. This Supplement does
not change the Work Authorization price.
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15.0% overall. This Supplement does not
change the overall SBE participation. The cumulative SBE participation,
including this Work Authorization, is 75.17% overall. (WUD Project No. 09-041) District 6 (JM)
2. Staff recommends
motion to approve: Supplement No.1
to Work Authorization No. 11 for the Southwest Boca Diversion and Impoundment
Plan with Globaltech, Inc. (Contract R2008-2323) providing a 150 day time
extension with no change in Work Authorization price. SUMMARY: On August 19,
2009, the Contract Review Committee approved Work Authorization No.11 with Globaltech,
Inc. (Contract R2008-2323) in the amount of $164,056 for the design and
construction of a packaged pump station to transport water from the
Hillsborough Canal to a retention pond in the Meadowlake Estates community.
This Supplement authorizes a time
extension of 150 days to allow for value engineering design changes. This
Supplement does not change the Work Authorization price. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15.0% overall. This Supplement does not change the overall SBE
participation. The cumulative SBE participation, including this Work
Authorization, is 75.17% overall. (WUD
Project No. 04-218) District 5 (JM)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve:
A) a unit price contract with AKA
Services, Inc. in a cumulative amount not to exceed $6,902,903.50;
B) a unit
price contract with Johnson-Davis, Inc. in a cumulative amount not to exceed
$7,211,660 for the Water Utilities
Department Pipeline Continuing Construction Contract to install raw water
mains, potable water mains, reclaimed water mains, force mains, wastewater manholes
and water service lines over an 18 month term; and
C) Work Authorization No. 1 in the amount of
$362,432.67 with AKA Services, Inc. (R2010-XXXX)
for construction of the Pahokee Water Main
Replacement.
SUMMARY: On July 8, 2010, nine
(9) bids were received for the Water Utilities Department Pipeline Continuing
Construction Contract. AKA Services, Inc. and Johnson-Davis, Inc. are the first
and second lowest responsible and responsive bidder, respectively. This Contract
will be used to expedite utility special
assessment projects, federally funded utility improvement projects for the
Belle Glade, Pahokee and South Bay Areas and other pipeline projects where
timing is critical. Contract award is for the base contract only, and
the contract by itself does not guarantee nor authorize AKA Services, Inc. or Johnson-Davis, Inc. to perform any work.
Work will be assigned during the 18 month contract
period by formal work authorizations drawn against this Contract, with
approvals pursuant to PPM No. CW-F-050 and requirements for any federally
funded projects. The unit prices contained in this Contract will be used in
determining the cost of work authorizations. Supplements
to work authorizations for changes that occur during construction will be
subject to the change order limits for construction contracts as established
under PPM No. CW-F-050 with each work authorization considered as an individual
construction contract. Work Authorization No. 1
provides for construction of a new 8” water main and 6” water main and
abandoning an existing 2” water main in the alleyways of Canal Point to
increase fire flow. The project is 100%
federally funded through Housing and Community Development and therefore the
Inspector General fee is not applicable. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with AKA Services, Inc. provides for SBE participation of 16.11% and Johnson-Davis, Inc.
provides for SBE participation of 15.05% overall. This Authorization with AKA Services, Inc., includes
15.09% overall participation. The cumulative SBE participation for AKA
Services, Inc. including this Authorization, is 15.09% overall. Both firms are local Palm Beach County firms. These are federal Community Development
Block Grant (CDBG) funds that do not require a local match. (Work Authorization No. 1 WUD Project No. 08-086) District 6
(WUD Project No. 10-046) Districts 1, 2, 3, 5 and 6 (JM)
4. Staff recommends motion to approve: a piggyback unit price contract with Miller Pipeline Corp. for the Water Utilities Department Continual Construction Contract to provide for rehabilitation of wastewater gravity pipelines over a 12 month term in a cumulative amount not to exceed $400,000. SUMMARY: The piggyback contract is from the City of Coral Gables (Construction of Sanitary Sewer Improvements Contract PWD No. 07-13 – Resolution 2008-50). It includes line items for cleaning and televising, root removal, joint seals, joint pressure testing, point repairs and for furnishing and installation of fold-and-form liner for the wastewater gravity pipelines. The City of Coral Gables does not have an SBE program. The Contractor has submitted a letter stating they will commit to the County’s SBE requirement for this project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. (WUD Project No. 10-071) Countywide (JM)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: five
(5) original documents for the Department of Environmental Resources
Management:
A) Amendment No. 1 with
the South Florida Water Management District (SFWMD) Grant Agreement No.
4600001764 to extend the end date to April 26, 2011 for the Delaware Scrub
Project;
B) Amendment No. 2 with
the SFWMD Grant Agreement No. 4600001245 to extend the end date to April 13,
2011 for the Limestone Creek Phase III Project;
C) Task Assignment No. AP9 with the Florida Fish and Wildlife Conservation
Commission (FWC) Grant Agreement No. 8135 for contracted services
related to the aquatic plant control program;
D) Task Assignment No. 2 with the FDEP
Agreement No. S0485 for contracted services related to the petroleum
contamination clean-up program; and
E) Amendment No. 5 with the FDEP Agreement No. LP6046 to extend the end date to June 30,
2012 for the Lake Worth Lagoon Partnership Grant Program.
SUMMARY: A) Agreement No. 4600001764 was approved on May 19, 2009 (R2009-0859). Delegated authority to sign time extensions was provided at that time; B) Agreement No. 4600001245 was approved on March 11, 2008 (R2008-0407). Delegated authority to sign time extensions was provided at that time; C) FWC Agreement No. 8135 was approved on October 1, 2002 (R2002-1748). Delegated authority to sign task assignments was provided at that time; D) FDEP Contract S0485 was approved on January 12, 2010 (R2010-0095) for activities in the Pollutant Storage Tank Clean-Up Program. Delegated authority to sign task assignments was provided at that time; E) Agreement No. LP6046 with the FDEP was approved on April 4, 2006 (R2006-0583) to reimburse for projects under the Lake Worth Lagoon Partnership Grant Program. Delegated authority to sign time extensions was provided at that time. No ad valorem support is required for any of these task assignments or amendments. Countywide (SF)
2. Staff recommends
motion to authorize: the County Administrator or his designee to enter
into a Consent Order with the State of Florida, Department of Environmental
Protection (DEP) to reach settlement of certain matters at issue between the
DEP and the County on the South Lake Worth Inlet (SLWI) Projects. SUMMARY: The Consent Order was developed to
clarify conditions of a Joint Coastal Permit pertinent to the construction of
the SLWI Projects. The Consent Order
format, as opposed to a permit modification, is being utilized because most of
the construction is already completed. District 4 (SF)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve Interlocal Agreement with the
Westgate/Belvedere Homes Community Redevelopment Agency (CRA) in an amount not
to exceed $1,496,442 for the infrastructure improvement project in the
CRA District through the Lake
Worth Lagoon Partnership Grant Program (LWLPGP); and
B) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, statements and other forms associated with this document, and any necessary minor amendments that do not change the scope of work or terms and conditions of this document.
SUMMARY: The County and CRA have previously entered into an Interlocal Agreement (R2006-0881, which has been amended by R2007-0169 and R2008-0651) for the enhancement and restoration of the Lake Worth Lagoon (LWL), which expired on March 30, 2010. CRA wishes to complete the infrastructure project for Phases IV, V, and VI. A new Interlocal Agreement is necessary to extend the project completion date to April 30, 2012 and to disburse grant funds from the LWLPGP. The total grant funding for the project is $1,496,442. A 100% match is required from the CRA. Countywide (SF)
4. Staff recommends motion to approve: Amendment No. 2 to Lease Agreement No. 4161 with the State of Florida to include an approximate three (3) acre state-owned parcel located within the County’s Loxahatchee Slough Natural Area. SUMMARY: A 50-year term Lease Agreement with the State of Florida was approved for a portion of the Juno Dunes Natural Area on August 19, 1997 (R97-1040D). Lease No. 4161 allows the County to manage those lands identified in the Lease and to construct public use facilities. Lease No. 4161 was first amended to include additional lands within the Juno Dunes Natural Area on August 24, 1999. Although the three (3) acre parcel described in the proposed Amendment is not within the Juno Dunes Natural Area, the State prefers to amend the existing lease rather than create a separate lease agreement. Amendment No. 2 to Lease No. 4161 will allow the County to manage the 3-acre Loxahatchee Slough parcel without having to pay $300 per year for a separate lease, and will save staff time at both the State and County levels. The estimated cost to manage and maintain the three (3) acre parcel is $100/year and will be paid from the Natural Areas Fund, a non-ad valorem source. District 1 (SF)
5. Staff recommends
motion to approve:
A) annual Contract with Coast & Harbor, Inc. (CH) for continuing professional coastal and marine engineering consultant services, effective for two (2) years through September 13, 2012; and
B) annual Contract with Taylor Engineering, Inc. (Taylor) for continuing professional coastal and marine engineering consultant services, effective for two (2) years through September 13, 2012.
SUMMARY: CH, a Palm Beach
County company, and Taylor, a Palm Beach County 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 and the inclusion of the
Inspector General fee into future task orders with CH and Taylor. CH has agreed to SBE-M/WBE participation of
32%. Taylor has agreed to SBE-M/WBE
participation of 19%. The contracts contain an option to renew for one (1)
additional year. Countywide
(JM)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends
motion to:
A) adopt a Resolution authorizing the Clerk of the Board to disburse $250,000 from the Vessel Registration Fee Trust Fund to cover the costs of two (2) artificial reefs offshore of Jupiter and Juno Beach; and
B) approve a Budget Transfer of $250,000 in the Environmental Enhancement Non-Specific Fund from reserves to the Jupiter/Juno Artificial Reef Project.
SUMMARY: The Resolution and
Budget Transfer from County Vessel Registration Fees will provide the estimated
$250,000 to cover costs of the Jupiter Inlet and Juno Beach Artificial Reef
Projects. Reef projects would include: 1)
the placement of approximately 750 tons of concrete in proximity to the Jupiter
Inlet in 25-30 ft. of water; and 2) installation of concrete poles into the
ocean bottom in 20-25 ft. of water 500-1000’ east of the Juno Beach Fishing
Pier to create a “bait reef”. Funding for
these projects will come entirely from County Vessel Registration Fees. District 1 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) Interlocal Agreement with the Boca Raton Community Redevelopment Agency (CRA) and
the Boca Raton Museum of Art, Inc. for the period September 14, 2010, through
March 13, 2012, in an amount not-to-exceed $435,000 for improvements to the
Boca Raton Museum of Art; and
B)
Budget Transfer of $435,000
within the $25M GO Parks and Cultural Improvements Bond Fund - 2005 from
Reserves for Boca Raton Museum of Art Gallery Space to Boca Raton Museum of Art
Improvements.
Summary: This Agreement provides funding
for design and construction of capital renovations to the existing Boca Raton
Museum of Art. Funding is from the 2002
$50 Million Recreational and Cultural Facilities Bond referendum - District 4.
The Agreement allows for reimbursement of pre-Agreement expenses incurred
subsequent to December 1, 2009. District
4 (PK)
2. Staff recommends
motion to approve: First Amendment to Agreement with the City of
Delray Beach for funding of the Delray Beach Miracle League Field to expand the
project scope, reduce the amount of Delray Beach’s required funding
contribution for this completed project, and to extend the project completion
date from September 10, 2010, to October 31, 2010. Summary: This
First Amendment to Agreement (R2007-1557) provides a revised Exhibit A (Project
Description and Cost Estimate) and extends the Project completion date from
September 10, 2010, to October 31, 2010, in order to accomplish reimbursement
paperwork. It also expands the project
scope to include construction of a modular concession/restroom/storage building
as an additional project element, and decreases the amount of the City’s match
since the total project cost was less than the originally estimated amount. The
modular concession/restroom/storage building is an integral part of the Miracle
League Field. The Amendment reduces the
amount of matching funding required to be spent by Delray Beach from $310,750
to $290,000, and the total project cost is reduced from $560,750 to
$540,000. All other terms of the
Agreement, including the funding amount of $250,000, remain the same. District 4 (PK)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: executed
Independent Contractor Agreements received during the months of June and July:
A) 3D Diving Inc., Competitive Springboard Diving, North County Aquatic
Complex for the period July 1, 2010, through June 30, 2011, in an amount
not-to-exceed $50,000; and
B) Gordon Andrews, Masters Swim Team Coach, Lake Lytal Aquatic Center for
the period June 14, 2010, through September 30, 2010, in an amount
not-to-exceed $5,000.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item.
The Independent Contractor Agreements have been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts
1 & 2 (AH)
4. Staff recommends
motion to approve: First
Amendment to Independent Contractor Agreement (ANDR00200210530200L) with Gordon
Andrews for USA Competitive Head Swim Coach services at Lake Lytal Pool for the
period February 1, 2010, through January 31, 2011, to expand programming to
include a US Masters Swimming Program and to increase the not-to-exceed amount
from $90,000 to $106,500. Summary: On
December 29, 2009, the Parks and Recreation Department entered into an
Independent Contractor Agreement (R2010-0271) with Gordon Andrews to provide
coaching services for the USA Swimming program at Lake Lytal Pool. Under this original Agreement, the total
amount to be paid by the County for all services and materials was
not-to-exceed $90,000. This First
Amendment amends the services to include a US Masters swimming program and
increases the total contract amount by $16,500 to $106,500. District
2 (AH)
5. Staff recommends
motion to receive and file:
fully executed Amendment No. 1 to Agreement (R2008-2232) for the Florida
Fish and Wildlife Conservation Commission (FFWCC) Florida Boating Improvement
Program (FBIP) Grant No. 08083 for the DuBois Park docks and shoreline
stabilization project extending the project completion date for one year from
June 15, 2010, to June 15, 2011. Summary: On July 8, 2008, the Board
authorized the County Administrator or his designee to execute the funding
Agreement, as well as task assignments,
certifications, standard forms, or amendments to the Agreement that do not
change the scope of work or terms and conditions of the Agreement for
the FFWCC FBIP grant for Dubois park dock construction and shoreline
stabilization (R2008-1210). The grant
was awarded and the Director of the Parks and Recreation Department executed
the Grant Agreement on behalf of the County.
The Grant Agreement was
submitted to the Board on December 2, 2008, to receive and file. Due to
environmental permitting delays, the County requested a one (1) year extension
to complete the project. A fully executed Amendment No. 1 to Agreement is
now being submitted to the Board to receive and file. District 1 (AH)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to approve: Budget Transfer of $50,000 in the Park Impact Fees Zone 1 from Dubois
Park Riverwalk Improvements to Jupiter Farms Park Improvements. Summary: This Budget
Transfer is necessary to provide funding for construction of restrooms for the
new Jupiter Farms Park group picnic pavilion.
In order for the pavilion to be used as a community meeting site, the
County’s Building Department is requiring that restrooms be added to the picnic
pavilion to meet the current County building code. The $50,000 budget transfer will be used for
permitting and construction of the required restrooms. Elements of the Dubois Park Riverwalk
Improvements project have been included in the DuBois Marina project, which is
fully funded with grants and the Waterfront Access bond. This $50,000 is
available for reallocation. District 1 (AH)
7. Staff recommends
motion to authorize:
A) the County Administrator or his
designee to execute Sovereignty
Submerged Lands Lease (No. 500341216) between the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida (LESSOR) and Palm Beach
County (LESSEE) for 5,855 square feet of submerged lands at the Zeke’s Marina
portion of DuBois Park, from the date of the lease assignment to Palm Beach
County through May 8, 2012; and
B) the Director of the Parks and
Recreation Department to serve as Liaison Agent with the State of Florida for this project.
Summary: On June 9, 2008, the County acquired the 1.10 acre property known as the
Susan DuBois Kindt Estate that included Zeke’s Marina for the expansion of
DuBois Park. The acquisition included a State of Florida Sovereignty Submerged
Lands Lease which was issued in the name of the seller. The County has applied to the State of
Florida for a reassignment of the Lease to Palm Beach County. The new terms of the lease allow the County to
construct and operate a 4-slip docking facility. The lease requires a $569 processing fee,
with no annual lease fee. The processing
fee is budgeted by the Parks and Recreation Department under annual operating
expenses. District 1 (AH)
8. Staff recommends
motion to approve: License
Agreement with SESAC LLC for the period January 1, 2010, through January
1, 2011, in an amount not-to-exceed $5,001 to provide public performances
including live performances, recorded performances, and music, in the SESAC
(Society of European Stage Authors and Composers) repertory, in accordance with
the copyright laws of the United States. Summary: Title 17 of the
United States Code establishes property rights in musical works and grants
creators and owners of copyrighted musical works the exclusive right to perform
or authorize the performance of their works publicly. Under the law, owners and operators of
facilities or presenters of concerts and other events are responsible for
performances on the premises. The
property owners must obtain a license to present musical performances in order
to be in compliance with the copyright law. This Agreement provides for the County
to present an entire musical spectrum of performances in the SESAC repertory,
within various venues in the County, in accordance with copyright laws. Countywide (AH)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
9. Staff recommends
motion to approve: Budget
Transfer of $50,000 within the $25M
GO Parks and Cultural Improvements Bond Fund
- 2003 from Lake Worth Bryant Park/Sunset Ridge Park to John Prince Park Improvements Phase IV. Summary: The District 3
Commissioner has identified $50,000 from the $50 Million Recreational and
Cultural Facilities Bond that she has requested the Board redirect to the John
Prince Park Improvements Phase IV project, which includes the redevelopment of
the Mounds Circle area. District 3 (PK)
N. LIBRARY
1. Staff recommends
motion to:
A) approve an Application to the Florida Department of
State, Division of Library and Information Services, for State Aid to Libraries
in an estimated amount of $893,194 for FY 2011;
B) approve the Agreement for State Aid to Libraries;
and
C) authorize the
Chairperson of the Board of County Commissioners to execute any other necessary
forms and certifications.
Summary: The State provides an annual operating grant
to eligible libraries based upon their annual operating expenditures from local
funds. Estimated State Aid revenue has
been included in the County Library=s FY 2011 proposed budget. There is no match requirement for this grant.
Countywide (TKF)
2. Staff recommends motion
to approve: the County Library’s
Long-Range Plan for
FY 2011-2013. Summary: This Plan represents the
Library’s mission statement, goals and objectives, and strategic plan for FY
2011 through FY 2013. This annual
process of strategic planning is done in conjunction with the State’s
requirements for libraries receiving State Aid funds and with the County’s
budget process. The Library Advisory
Board has endorsed this Plan with Resolution 10-01; dated August 11, 2010. Countywide
(TKF)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: an Interlocal Agreement with the City of Delray
Beach (City) to connect to the Palm Beach County Regional Network (County) at
an estimated first year revenue of $8,400 for the first point of connection,
for an initial term of one (1) year, with automatic one (1) year renewals
unless notice given by either party. SUMMARY: This Interlocal Agreement
allows the City to access the County’s Regional Network and services on a cost
sharing basis similar to existing Interlocal Agreements between the County and
various municipalities, the School District of Palm Beach County and
others. Interconnection to the County’s
Network will provide greater bandwidth for Internet access and disaster
recovery while reducing the City’s and County’s overall network costs. The City agrees to pay the County $8,400
annually for the initial connection and access to the County’s network. Per Exhibit “A” of the Interlocal Agreement,
fees for additional network connections are set at $6,000 annually. This Interlocal Agreement provides for
disclosure of County Ordinance No. 2009-049 establishing the Office of the
Inspector General. District 4 (PFK)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends
motion to approve: an Agreement with the Center for Family Services of
Palm Beach County, Inc. (Non-Profit Organization) for interconnection to the
Palm Beach County Regional Network (County) at an estimated first year revenue
of $8,400 for the first point of connection, for an initial term of one (1)
year, with automatic one (1) year renewals unless notice given by either
party. SUMMARY: This Agreement allows the Non-Profit
Organization to access the County’s Regional Network and services on a cost
sharing basis similar to existing Agreements between the County and other
non-profit organizations, various municipalities, the School District of Palm
Beach County and other public sector agencies.
Interconnection to the County’s Network will provide greater bandwidth
for Internet access and disaster recovery while reducing overall network costs
for the Non-Profit Organization and County.
The Non-Profit Organization agrees to pay the County $8,400 annually for
the initial connection and access to the County’s network. Per Exhibit “A” of
the Agreement, fees for additional network connections are set at $6,000
annually. Additionally, the Non-Profit
Organization agrees to reimburse the County $6,482.50 for the initial fiber
optic cable construction at the Non-Profit Organization’s location. This Agreement
provides for disclosure of County Ordinance No. 2009-049 establishing the
Office of the Inspector General. Countywide (PFK)
3. Staff recommends motion to approve: an Agreement with the Learning Excellence Foundation of South Florida, Inc., d/b/a Imagine Schools – Chancellor Campus (School) for interconnection to the Palm Beach County Regional Network (County) at an estimated first year revenue of $3,000 for the first point of connection, for an initial term of one (1) year, with automatic one (1) year renewals unless notice given by either party. SUMMARY: This Agreement allows the School to access the County’s Regional Network and services on a cost sharing basis similar to existing Agreements between the County and other organizations, various municipalities, the School District of Palm Beach County and other public sector agencies. Interconnection to the County’s Network will provide greater bandwidth for Internet access and disaster recovery while reducing overall network costs for the School and County. The School agrees to pay the County an estimated $3,000 annually for the initial connection and agrees to use the Tiered-Rate Structure Plan for determining the School’s usage of and payment for use of the County’s’ network, both per Exhibit “A” of the Agreement. Additionally, the School agrees to reimburse the County $9,283.75 for the initial fiber optic cable construction at the School’s location. This Agreement provides for disclosure of County Ordinance No. 2009-049 establishing the Office of the Inspector General. Countywide (PFK)
4. Staff recommends motion to approve: Addendum No. 2 to the License Agreement with Pictometry International Corporation (R2009-1021, R2007-1010 and R2007-1011) for Image Navigator Software Development Kit License Agreement at no additional cost. SUMMARY: Addendum No. 2 to the Pictometry License Agreement will allow the use of the Pictometry Image Navigator Software Development Kit. The Kit will allow ISS staff to examine the features of the self-hosted Pictometry Online viewing software to determine whether it can meet the needs of Palm Beach County. Annual maintenance would be $14,000 per year if the decision is made to keep the self- hosting online option. The Pictometry International Corporation is a New York-based company. This Addendum provides for disclosure of County Ordinance No. 2009-049 establishing the Office of the Inspector General. Countywide (PFK)
SEPTEMBER 14, 2010
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the executed grant agreement with Florida Power
& Light Company (FPL) to receive $193,116 for the Radiological Emergency
Preparedness (REP) Program of
the Division of Emergency Management for the period of October 1, 2010, through
September 30, 2012. SUMMARY: FPL
will provide Palm Beach County $193,116 over two (2) years, for the Palm Beach
County Division of Emergency Management REP Program, in accordance with U.S.
Nuclear Regulatory Commission Provision (NRC) 10 CFR Pars 50 and 70, NCR
guidance document NUREG 0654 and Florida Statutes 252. The FPL grant will
continue to fund a planner position that oversees the REP program and related
expenses. There is no cash match
required and the agreement is eligible for renegotiation every two (2) years. Resolution
R2001-0217 authorizes the County Administrator or his designee to execute grant
contracts with FPL. No County match is
required. Countywide (GB)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: the
purchase of airport liability insurance, for the period October 10, 2010,
through October 10, 2011 to be purchased through the County=s contracted broker, Arthur J. Gallagher
& Co. for a total cost of $172,177. SUMMARY: The estimated total
cost of $172,177 for airport liability insurance represents a 5% decrease over
the expiring premium of $180,397. Countywide (TKF)
AA. PALM TRAN
1. Staff recommends
motion to approve: a Two (2) Year Agreement with Cen-West Communities,
Inc. for provision of transportation service (via Palm Tran Routes 91 and 92)
to residents of Century Village Boca Raton at the annual rates of $181,105 for
the fiscal year beginning October 1, 2010, and $185,633 for the second fiscal
year beginning October 1, 2011. Summary: Cen-West Communities, Inc. has contracted for bus service for residents
since the inception of the development of Century Village Boca Raton.
The contract rate of $181,105 during the first year of the proposed contract
represents a 2.5% increase over the contract for the prior year ending
September 30, 2010 and the second year rate of $185,633 represents a 2.5%
increase over the first year. Payment of
the annual contract rates is in lieu of residents paying individual fares into
the farebox on Palm Tran Routes 91 and 92.
The commencement date of this new agreement is October 1, 2010, and the
termination date is September 30, 2012. District 5 (DR)
BB. SHERIFF’S OFFICE
1. Staff recommends
motion to:
A)
accept on behalf of the Palm Beach County Sheriff’s
Office a Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program FY 2009 Grant in the amount of $634,481; and
B)
approve a Budget Amendment
of $634,481 in the Sheriff’s Grants Fund.
SUMMARY: The BJA has made funds available to be used
for correctional purposes. These funds will be used accordance to the
Department of Justice Reauthorization Act of 2005. There is no match requirement
associated with this award. No additional positions are needed and no additional
County funds are required. Countywide (DW)
* * * * * * * * * * * *
SEPTEMBER 14, 2010
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution authorizing the land management responsibility exchange of 1.90 acres of land within the Winding Waters Natural Area, managed by the Department of Environmental Resources Management (ERM), in exchange for approximately 2.18 acres of land managed by the County’s Parks and Recreation Department (Parks) as part of Bert Winters Park pursuant to the Conservation Lands Protection Ordinance (No. 2003-052). SUMMARY: The Conservation Lands Protection Ordinance requires that a request to use or convey an interest in conservation lands for purposes other than originally intended be offset by an offer that provides “an exceptional benefit” to the Conservation Lands Program. The removal of 1.90 acres of land from the southern end of what is known as the “pigtail” of the Winding Waters Natural Area will provide land that Parks needs for a small neighborhood park serving Gramercy Park and Caribbean Village. This “pigtail” is separated from the main portion of the Winding Waters Natural Area by the EPB-10 Canal; is highly impacted with exotic vegetation and is difficult to manage with the Winding Waters Natural Area. In exchange for this land, Parks would transfer control of 2.18 acres of quality scrub land in Bert Winters Park to ERM to be managed as part of the Juno Dunes Natural Area. This land exchange among County departments allows both departments to fulfill their missions at minimal costs to the taxpayer and is wise and prudent public policy. The exchange is an exceptional benefit to the Conservation Lands Program. Pursuant to the Conservation Lands Protection Ordinance, a Public Hearing must be held for consideration of a resolution by the Board to approve the using of Conservation Lands for purposes other than originally intended or conveying interests in Conservation Lands to another entity. Pursuant to Section 3.03 of the Ordinance, the Natural Areas Management Advisory Committee (NAMAC) has reviewed and recommended this easement exchange. The City of West Palm Beach has also reviewed the exchange application and has not offered any objection to the exchange. In order to approve the Resolution, the Board must have an affirmative vote of five (5) members of the Board. District 7 (SF)
B. Staff recommends
motion to:
A) adopt a Resolution confirming the
special assessment of $25 per abutting foot for Coconut Road Paving &
Drainage (Project) Project No. 2005126;
B) approve a Contract with Rio-Bak Corporation (Contractor), the lowest, responsive, responsible bidder, in the amount of $274,874.50 for the Project; and
C) approve a Budget Transfer in the amount of $321,675 in the Municipal Services Taxing Unit (MSTU) Improvement Fund from Reserves to Coconut Road/Arden Road to Lake Worth Road.
SUMMARY: Adoption of this Resolution will allow Palm
Beach County (County) to assess the property owners at $25 per abutting foot
for the Project. Assessments will be payable in 20 equal annual installments. The interest rate will be 5.5% as referenced
in the August email that discussed the MSTU interest rate. Approval of the construction contract
will authorize the Contractor to construct the Project for approximately 2600
lineal feet (0.50 miles) on Coconut Road, from Lake Worth Road south to Arden
Road. This work will include new pavement, driveway reconstruction, a drainage
stormwater management system, and milling and resurfacing work near Lake Worth
Road. The Contractor is a Palm Beach County business, with 100% of the work to
be performed by them and County subcontractors.
The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
Project by the Contractor is 17.01% overall.
District 3 (MRE)
SEPTEMBER 14, 2010
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends
motion to:
A)
approve Road Program Findings of Fact (per Article
12.N.4.B of the Unified Land Development Code) that the deletion of three (3)
construction projects will not result in any Link or Intersection on the road
network operating at greater than the Adopted LOS and that no project which was
approved and phased based upon such Assured Construction would be denied
Building Permits because of the deletion of the construction. The three (3) projects that have met this
criteria are the deletion of construction of Boca Rio Road, (Palmetto Park Road
to Boca Lago Boulevard); and delaying construction for both the Congress Avenue
and Hypoluxo Road intersection; and the Community Drive and Military Trail
intersection; and
B) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised 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: In accordance with Article 12.N.4.B of the Unified Land Development Code, and prior to the deletion of any construction project from the County’s Five Year Road Program, the Board must determine that the Findings of Fact have been made. Since the development and adoption of Palm Beach County’s current Five Year Road Program on November 17, 2009, the progress and evolution of current and near term projects has continued to be monitored. Traffic counts, costs and revenues have been updated. Revisions are being proposed to modify the Program to reflect this updated information. A Mid Year Ordinance Amendment with a Preliminary Reading and a Public Hearing is required in order to accomplish this. On August 17, 2010, the Board approved this Amendment on Preliminary Reading and authorized advertisement for today’s Public Hearing for final adoption. Countywide (MRE)
D. Staff recommends
motion to adopt: 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: This Ordinance was before the
Board of County Commissioners on August 17, 2010 for preliminary reading and
permission to advertise. It amends the Red Light Camera Ordinance that was
adopted on May 20, 2008. 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)
* * * * * * * * * * * *
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve: Amendment No. 19 to the Contract (R91-1876D) with
Robert Weisman, County Administrator, extending said contract through August
31, 2015. SUMMARY: This Amendment provides for the County
Administrator's services through August 31, 2015. The current contract expires
December 31, 2014. This year marks
completion of 30 years as a County employee and 19 years as Administrator. No
change to the current salary of $251,592.64 is proposed. Countywide (MC)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
September 28, 2010, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending the Palm Beach County Office of Inspector General Ordinance,
Palm Beach County Code Chapter 2, Article XII (Ord. 2009-049),
as follows: amending Section 2-423 Functions, Authority and Powers;
amending 2-425 Contract; amending 2-427 Procedure for Finalization of Reports
and Recommendations; amending 2-429 Financial Support and Budgeting; providing
for repeal of laws in conflict; providing for severability; providing for
inclusion in the Code of Laws and Ordinances; providing for effective
date. SUMMARY:
The Board of County Commissioners adopted a new Code of Ethics, and
established an independent Commission on Ethics and an independent Inspector
General on December 15,
2009, as part of a series of ethics reforms.
Last month, the Board of County
Commissioners approved a change in the manner of assessing the .25% fee on
County contracting/purchasing activity to fund the Office of Inspector General
from a charge on each bill payable to a single charge on gross
contract/purchasing amounts. This
Ordinance introduces amendments to provide for that change and also includes
several clarifications proposed by the Inspector General. Countywide
(LB)
2. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
September 28, 2010, at 9:30 a.m.: an Ordinance of the Board of
County Commissioners of Palm Beach County, Florida, amending the Palm Beach
County Commission on Ethics, Palm Beach County Code Chapter 2, Article V,
Division 8 (Ord. 2009-050) as follows: amending Section 2-260,
Procedure on Complaints Filed, to allow the Executive Director of the
Commission on Ethics, the Palm Beach County Inspector General, and the State
Attorney to file complaints with the Commission on Ethics; providing for repeal
of laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for effective date. SUMMARY: The Board of County Commissioners adopted a new Code of Ethics,
and established an independent Commission on Ethics and an independent
Inspector General on December 15, 2009, as part of a series of ethics
reforms. The Commission on Ethics, among
other things, is authorized to review ordinances and state and federal laws
relating to ethics and government, and to make recommendations to the County
Commission as it deems appropriate.
Pursuant to this authority, the Commission on Ethics reviewed the
Commission on Ethics Ordinance, and recommends the amendment set forth in this
Ordinance. Countywide (LB)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
B. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
September 28, 2010, at 9:30 a.m.: an Ordinance of the Board of
County Commissioners of Palm Beach County, Florida, amending the Palm Beach
County Code of Ethics, Palm Beach County Code Chapter 2, Article XIII
(Ord. 2009-051) as follows: amending Section 2-441 Title, Statement
of Purpose; amending 2-442 Definitions; amending 2-443 Prohibited Conduct;
amending 2-444 Gift Law; amending 2-448 Administration, Enforcement and
Penalties; amending Palm Beach County Code Chapter 2, Article VIII,
Lobbyist Registration Section 2-356, Enforcement; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for effective date. SUMMARY: The Board of County Commissioners
adopted a new Code of Ethics, and established an independent Commission on
Ethics and an independent Inspector General December 15, 2009, as part of
a series of ethics reforms. The Commission
on Ethics, among other things, is authorized to review ordinances and state and
federal laws relating to ethics and government, and to make recommendations to
the County Commission as it deems appropriate.
Pursuant to this authority, the Commission on Ethics reviewed the Code
of Ethics and the Lobbyist Registration Ordinance, and recommends the
amendments set forth in this Ordinance. Countywide
(LB)
4. Staff recommends
motion to adopt: a
Resolution amending Resolution No. R2010-0816 (the “Original Resolution”)
adopted on May 18, 2010, to increase the maximum authorized amount of General
Obligation Refunding Bonds, Series 2010 (Recreational and Cultural Facilities)
(the “Bonds”) from an aggregate principal amount of the Bonds of not exceeding
$32,000,000 to an aggregate principal amount of not exceeding $35,000,000; and
providing for an effective date. SUMMARY: The Original Resolution
authorized the issuance of not exceeding $32,000,000 in aggregate principal
amount of the Bonds based on market conditions existing at that time.
Market conditions are more favorable and thus more Bonds may be issued to
increase the present value savings. The County’s financial advisor recommends
an increase in the Bonds authorized to be issued from $32,000,000 to
$35,000,000. Countywide (PFK)
5. Staff recommends motion to approve on preliminary reading and advertise for public hearing on October 19, 2010 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Sections 17-115 and 116 of the Code of Laws and Ordinances; codifying the “Tourist Development Ordinance” of Palm Beach County, Florida, Ordinance 95-30, as amended, providing for an amendment to the Tourist Development Plan relating to the expenditure of ‘Bed Tax’ revenues for the payment of debt service for bonds issued to finance the planning, design and construction of a professional sports franchise facility and a convention center and for the operation and maintenance of the convention center; providing for compliance with a revised Code of Ethics; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: This Amendment to the TDC Ordinance authorizes the expenditure of TDC “bed tax” revenues for debt service payments for bonds issued for the planning, design and construction costs of the Roger Dean Stadium and Convention Center and operational costs of the Convention Center. These expenditures have been paid exclusively from 4th cent TDC revenues. However, due to declining “bed tax” receipts, it will be necessary, in order to meet these debt service obligations, to use revenues from the 5th cent as well. This Amendment also provides for a revised Code of Ethics. Countywide (MC)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
C. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) the issuance of a Request for Proposal (RFP) for the management and
operation of the North County Senior Center to include the adult day care
program; and
B) proposal requirements, scope of work/services, eligibility requirements,
timetable, and selection criteria subject to modification by staff and
incorporation into standard RFP format.
Summary: On June 29, 2010,
the Board of County Commissioners directed staff to develop an approach for the
possible outsourcing of the operation of the North County Senior Center
including the adult day care program.
Staff is recommending that an RFP be issued to accomplish this
direction. The RFP would be used to
determine whether outsourcing is a viable alternative and for selection of an
operator if such a determination is made.
Eligibility would be limited to legally incorporated, 501(c)(3)
not-for-profit organizations or governmental entities. Under the staff
proposal, the Division of Senior Services (DOSS), current operator of the
Center, would be permitted to respond and be evaluated along with the outside
proposers. District 1 (TKF)
D. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff requests
Board direction: on a request from the State Attorney for the addition
of $943,000 into the Capital Improvement Program (CIP) for the build-out of
shell spaces on the 3rd, 4th and 1st floors of
the Criminal Justice State Attorney/Public Defender Building (SA/PD) to
accommodate new attorney and support staff hires into existing, approved
positions. SUMMARY: The State Attorney (SA) has requested the
build-out of shell spaces located on the 3rd, 4th, and 1st
floors of the SA/PD Building. These spaces are for: 1) 14 new prosecutors and six
(6) support staff hired by the SA in August 2010, 2) the relocation of five (5)
attorneys and support staff located within the Investigative Unit allowing for
expansion, and 3) the expansion of the Public Integrity Unit by one (1)
attorney, and (2) support staff by the fall of 2011. These positions, as well
approximately 18 other vacancies have existed within the SA’s complement since
before 2007 when the build-out of these shell spaces was first requested. As
part of the Five Year CIP budget, FDO Staff recommended the build-out of these
spaces in FY 12 and FY 13 respectively. On July 15, 2010, the SA requested that
the County revaluate the timing of the projects based on the SA’s hiring of
additional personnel now for which there is currently insufficient space. FDO
concurs that there is currently insufficient space to accommodate the proposed
new hires, nor is it appropriate to further relocate staff from the SA/PD Building.
If the Board desires to provide space, then Staff recommends that the 3rd
and 4th Shell Space Build-Out be funded in the amount of $763,000.
Build-out of the 3rd and 4th floor shells will provide
more work spaces than proposed hires. If approved, funding for this project
would be taken from General Fund Contingency. (Admin) Countywide (JM)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
E. HOUSING AND COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: the Program
Guidelines for the Impact Fee Assistance Program for Affordable Housing. SUMMARY: The Impact Fee Assistance Program (Program) was developed to implement
direction by the Board of County Commissioners (BCC) to secure a funding source
for the creation of affordable housing.
On November 17, 2009, the BCC authorized the utilization of impact fee
investment earnings on roads, parks, and public buildings to support affordable
housing within Palm Beach County (R2009-2013).
Beginning in Fiscal Year 2011, unallocated road impact fee benefit “Zone
1” investment earnings of $1,037,000 accumulated through 2010 will be allocated
to affordable housing projects. The BCC
shall designate during each budget development process, beginning Fiscal Year
2011, for Capital Improvement Program/Capital Improvement Element (CIP/CIE)
budget Fiscal Year 2014, fifty percent (50%), but not to exceed a total of
$3,000,000 annually or adjusted accordingly, of the projected investment
earnings on roads, parks and public building impact fee fund balances. Beginning in Fiscal Year 2015, the BCC shall
designate fifty percent (50%) of the investment earnings realized during the
prior year on the roads, parks and public building impact fee fund balances,
but not to exceed a total of $3,000,000 annually. Only those projects that can
demonstrate Evidence of Site Control, Evidence of Infrastructure Availability
and Evidence of Appropriate Zoning can apply.
Approved projects must apply for a building permit with one (1) year of
approval and be complete with four (4) years. Funds not contracted/awarded with
two (2) years and not spent within four (4) years will revert back to the
original impact fee type and zone. The
Commission on Affordable Housing recommended approval on July 23, 2010. Countywide
(TKF)
F. INTERNAL AUDITOR’S OFFICE
1. Staff recommends
motion to receive and file:
Internal Audit Report Number 10-19 titled Engineering Services Division,
Municipal Service Taxing Unit Section and Construction Coordination
Division. SUMMARY: The Audit Committee received and approved
this report at its meeting on June 23, 2010.
At the July 20, 2010 BCC meeting the Commission directed staff to submit
this report to the full Board. Countywide
(PFK)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
G. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve:
A) a waiver of prohibited relationship
pursuant to Ordinance 2009-0051, the Palm Beach County Code of Ethics, for Rena
Blades and Bill Nix of Palm Beach County Cultural Council; and
B) an Amended and Restated Agreement (R2007-1622) with the
Palm Beach County Cultural Council, Inc. (the “Cultural Council”) for the
provision of services under the County’s Tourist Development Plan during the
period of October 1, 2010, through September 30, 2011 in the amount of
$740,274. This will be the fourth year of the five (5) year agreement.
SUMMARY: The Amended and Restated Agreement updates for the Fiscal Year 2011
Exhibit “A” – Annual Budget; Exhibit “E” – Performance Measures; and Exhibit
“H” – Organizational Chart. Deleting
Exhibit “D” – SBE Policy and adding SBE language into the body of the contract,
add Inspector General’s fee provision into the body of the contract. The
contract includes changes on the terms for auditing service and presenting the
annual audit. Contract changes have been reviewed and approved by the Tourist
Development Council. Cultural Council will continue to administer Category B
grants totaling $1,661,985, and Category C II grants totaling $223,156 for the
County. In addition, indirect cost and reserves of $664,029 are included for a
budget totaling $3,289,444. Prohibited relationship waivers are being
recommended for Rena Blades and Bill Nix, employees of the Palm Beach County
Cultural Council, a Florida not-for-profit corporation that promotes cultural
activities and programs that promote Palm Beach County tourism under its
contract with the County. Blades serves on the Overall Economic Development
Program Committee and Nix serves on the Public Art Committee. Countywide
(MC)
2. Staff recommends
motion to approve: an Amended and Restated
Agreement (R2007-1625) with Palm Beach County Sports Commission, Inc. (the
“PBCSC”) for the provision of services under the County’s Tourist Development
Plan during the period of October 1, 2010, through September 30, 2011 in the
amount of $610,600. This will be the fourth year of the five (5) year
agreement. SUMMARY: The Amended and Restated
Agreement updates for Fiscal Year 2011: Exhibit “A” – Annual Budget;
Exhibit “E”- Performance Measures; Exhibit “G” – Salary Structure; Exhibit “H”
– Organizational Chart. The Amended and Restated Agreement makes a revision on
board governance selection by County Commissioners, deleting Exhibit “D” – SBE Policy and adding SBE language together with
the Inspector General’s fee provision and compliance to County Code of ethics
into the body of the contract. The contract includes changes on the terms for
auditing service and presenting the annual audit. Contract changes have
been reviewed and approved by the Tourist Development Council. PBCSC will
continue to administer Category G grants totaling $250,000 for the County. In
addition, indirect cost and reserves of $383,886 are included in the budget for
a total of $1,244,486. Countywide (MC)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
G. TOURIST DEVELOPMENT COUNCIL
(Cont’d)
3. Staff recommends
motion to approve:
A) a waiver of prohibited relationship
pursuant to Ordinance 2009-0051, the Palm Beach County Code of Ethics, for
Chuck Elderd of Film and Television Commission; and
B) an Amended and Restated Agreement (R2007-1624) with the
Palm Beach County Film and Television Commission (the PBCFTC) for the provision
of services under the County’s Tourist Development Plan during the period of
October 1, 2010, through September 30, 2011 in the amount of $463,600. This will be the fourth year of the five (5)
year agreement.
SUMMARY: The Amended and Restated Agreement updates for
Fiscal Year 2011 Exhibit “A” – Annual Budget, Exhibit “F” - Performance
Measures, Exhibit “I” – Salary Ranges and Exhibit “J” – Organizational Chart. Deleting Exhibit “D” – SBE Policy and adding SBE
language into the body of the contract, add Inspector General’s fee provision
into the body of the contract. The contract includes changes on the terms for
auditing service and presenting the annual audit. Contract revisions
have been reviewed and approved by the Tourist Development Council. In
addition, indirect cost and reserves totaling $128,442 are included for a total
budget of $592,042. A waiver of prohibited relationship is being recommended
for Mr. Elderd who serves as a member of the Overall Economic Development
Program Committee. Mr. Elderd is employed by the Palm Beach County Film and TV
Commission, a Florida not-for-profit corporation that promotes the County as a
film and television destination to advance Palm Beach tourism. Countywide
(MC)
4. Staff recommends
motion to approve: an Amended and Restated
Agreement (R2007-1623) with Discover Palm Beach County, Inc. d.b.a. Palm Beach
County Convention & Visitors Bureau (the “CVB”) marketing contract for the
provision of services under the County’s Tourist Development Plan during the
period of October 1 2010, through September 30, 2011 in the amount of
$6,665,317. This will be the fourth year of the five (5) year agreement.
SUMMARY: The Amended and Restated Agreement updates for the Fiscal
Year 2011: Exhibit “A” – Annual Budget;
Exhibit “G” – Performance Measures; Exhibit “J” - Organizational Chart,
increasing the upper limit of purchases from $5,000 to $10,000 which requires
three (3) oral quotes and increase the lower limit of purchases from $5,001 to
$10,001 which requires three (3) written quotes, deleting certain members on the selection
committee for purchases over $50,000, and include pricing better or equal to
other competitive entities for Exhibit “C” - Procurement Policy. Deleting Exhibit
“D” – SBE Policy and adding SBE language into the body of the contract, add
Inspector General’s fee provision into the body of the contract. The contract
includes changes on the terms for auditing service and presenting the annual
audit. Exhibit “I” Compensation Policy adds a reclassification/consolidation of
a job description and the attendant salary and/or benefit adjustment associated
herewith is not limited to merit increases. Contract changes have been
reviewed and approved by the Tourist Development Council. In addition,
administrative cost, reserves, and other cost totaling $2,159,597 are included
for a total budget of $8,824,914. Countywide (MC)
SEPTEMBER 14, 2010
5. REGULAR
AGENDA
H. AIRPORTS
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, amending the Airport Rules and Regulations (R-98-220, as amended) as
codified in Appendix B of the Palm Beach County Code; amending definitions;
providing for general compliance; providing for regulation of ground
transportation services; providing for promulgation of rules and regulations;
providing for severability; providing for codification; providing for an effective
date (Regulatory Resolution);
B) direct the Clerk of the Board to deliver a copy of
the Regulatory Resolution amending the Airport Rules and Regulations to the
Municipal Code Corporation for codification upon receipt of an affidavit that
the posting requirements of Section 332.08(2)(b), Florida Statutes, have been
satisfied;
C) adopt a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, providing for airport ground
transportation fees and charges; providing for adjustment of fees and charges;
providing for administration by the Division of Consumer Affairs; providing for
applicability; providing for severability; providing for an effective date
(Administrative Resolution); and
D)
authorize the Division of
Consumer Affairs (Consumer Affairs) to increase its employee complement by one
part-time position (20 hrs/week) to assist with administration of the new
airport ground transportation regulations with the costs of the position to be
offset by the fees and charges to be collected. Annual costs will be $14,538 to
$23,153 for a Secretary position, pay grade 16.
SUMMARY: The Regulatory Resolution amends existing
airport regulations to provide for the issuance of airport ground
transportation permits to vehicle for hire companies operating at PBIA on a
pre-arranged basis and to allow the permit process to be administered by
Consumer Affairs on behalf of the Department of Airport (DOA). Palm Beach Transportation Group, LLC,
currently provides all on-demand ground transportation services on PBIA
pursuant to an Airport Ground Transportation Concession Agreement (R2005-1774)
and pays concession fees in excess of $250,000 for the privilege of operating
on PBIA. Countywide (AH)
* * * * * * * * * * * *
SEPTEMBER 14, 2010
6. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Fair Housing/Equal Employment Board)
1. Staff recommends
motion to approve: appointment of one (1) member to
the Fair Housing/Equal Employment Board for a term beginning on September 14,
2010, through January 9, 2011. The appointment is to be made from the following
nominee:
Nominee Nominated By: Seat
No.:
Kenyetta
V. Haywood Commissioner Vana
4
Summary: This appointment is to fill the at-large
seat created by the resignation of Brenda Montague. The appointment is at-large
and for the remainder of a term ending January 9, 2011. The board is composed of nine (9) members. Seven (7) members are district appointments
and two (2) are at-large. The Ordinances
require that the appointees should reflect, to the greatest extent possible,
representation from the protected groups identified in the Ordinances and who
have experience and interest in equal opportunities. The board meets quarterly.
A memorandum was sent to the Board of County Commissioners on January 21,
2010 requesting nominations.
Commissioner Vana nominated Ms. Haywood.
No other nominations were received.
Countywide (TKF)
B. Community Services
(Palm Beach County
HIV Comprehensive AIDS Resources Emergency Care Council)
1. Staff recommends
motion to approve: appointment
of the following individual to the Palm Beach County HIV Comprehensive AIDS
Resources Emergency (CARE) Council for a term of two (2) years:
Seat No. Appointment Seat Requirement Term Expires
17 Kenneth Talbot Affected Communities September 13, 2012
Summary: The Palm Beach
County HIV CARE Council Bylaws state that total membership shall be no more
than 45 and no less than 21 members. Founding members were appointed for one
(1) and two (2) year terms with subsequent terms of two (2) years. The Palm
Beach County HIV CARE Council nominations process is an open process with publicized
criteria and legislatively defined conflict of interest standards. Mr. Talbot successfully
completed the Palm Beach County HIV CARE Council nominations process, and the
Palm Beach County HIV CARE Council has recommended his appointment. (Ryan White)
Countywide (TKF)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 14, 2010
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
SEPTEMBER 14, 2010
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
SEPTEMBER 14, 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."