BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 15, 2011
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6 - 27)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 28 -
29)
5. REGULAR
AGENDA (Pages 30 - 33)
TIME
CERTAIN 10:25 A.M. (15th Judicial Circuit Position Request)
(Page 30)
TIME
CERTAIN 10:30 A.M. (Tax Collector Presentation) (Page 30)
TIME
CERTAIN 2:00 P.M. (Criminal Justice Commission Update) (Page 32)
6. BOARD
APPOINTMENTS (Pages 34 - 36)
7. STAFF
COMMENTS (Page 37)
8. COMMISSIONER
COMMENTS (Page 38)
9. ADJOURNMENT (Page 38)
* * * * * * * * * * *
MARCH 15, 2011
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Waiver/Grant Agreement with The Palm Beach
County Film & TV Commission to create future workforce in the film and
television industry
3A-2 Request/Budget
Amendment for renovations at the Supervisor of Elections main facility
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contact and final payments
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Contract with Ranger Construction Industries,
Inc. for Woolbright Rd/I-95 intersection improvements
3C-2 Pathway
Program changes
Page 8
3C-3 Cancellation/New Reimbursement Agreement with
Lake Worth Community Development Corporation/Hammon Park for curbs, gutters,
landscaping, etc.
3C-4 Resolution
to vacate a five foot wide utility easement within the plat of Avondale Heights
3C-5 Contract with Rosso Paving & Drainage,
Inc. for Lyons Road construction (West Atlantic Ave. to Boynton Beach Blvd.)
Page 9
3C-6 Joint Participation Agreement with Town of
Jupiter for South Central Blvd/Indian Creek Drive mast arm traffic signal
3C-7 Contract with Ranger Construction Industries,
Inc. for Westgate North infrastructure improvements
D. COUNTY ATTORNEY
Page 9
3D-1 Receive
and file certain amended bond documents for King’s Academy, Inc. project
Page 10
3D-2 Resolution
for Housing Finance Authority regarding single family mortgage loans
3D-3 Agreements for legal services with de la
Parte & Gilbert, P.A. and Rose Sundstrom & Bentley, LLP
E. COMMUNITY SERVICES
Page 11
3E-1 Waiver/Agreement
with Area Agency on Aging for Older Americans Act grant funds
3E-2 Amendment No. 1 with Area Agency on Aging
for Emergency Home Energy Assistance Program
Page 12
3E-3 Two
(2) amendments to Ryan White Part A HIV Health Support Services contracts
(formula)
3E-4 Five (5) amendments to Ryan White Pat A HIV
Health Support Services contracts (supplemental)
Page 13
3E-5 Receive and file Ryan White A HIV Emergency
Relief grant award
Page 14
3E-6 Waiver/Contract with United Way of Palm
Beach County for internet-based community health data portal
3E-7 Head Start Expansion Agreement with
Apostolic Child Development Centers for Early Head Start services
MARCH 15, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 15
3F-1 Cargo Building Lease Agreement with Delta
Air Lines, Inc. at PBIA
3F-2 Joint Participation Agreement with FDOT for
Concourse “C” security improvements
3F-3 First Amendment to Drainage Agreement with
Closter Farms, Inc. for Glades Airport
3F-4 Supplemental
Joint Participation Agreement No. 1 with FDOT relative to Westside Hangar
Development at Palm Beach County Park Airport
Page 16
3F-5 Supplemental
Joint Participation Agreement No. 1 with FDOT relative to aprons, taxilanes,
and infrastructure at North Palm Beach County General Aviation Airport
3F-6 Supplemental
Joint Participation Agreement No. 1 with FDOT relative to parking garage
rehabilitation at PBIA
3F-7 Supplemental Joint Participation Agreement
No. 1 with FDOT relative to Taxiway Exit C$ and shoulders at PBIA
Page 17
3F-8 Supplemental
Joint Participation Agreement No. 1 with FDOT relative to Taxiway M
rehabilitation at North Palm Beach County General Aviation Airport
3F-9 Supplemental
Joint Participation Agreement No. 1 with FDOT relative to the Air Cargo Apron
expansion/rehabilitation at PBIA
3F-10 Supplemental Joint Participation Agreement No. 1 with FDOT relative
to security enhancements/improvements at PBIA
Page 18
3F-11 Supplemental Joint Participation Agreement No. 1 with FDOT relative
Runway 9R/27L extension at PBIA
3F-12 Receive and file two (2) standard agreements for Department of
Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 Amendment No. 2/Work Order No. 11-003 with
Robling Architecture Construction, Inc. for metal pavilion at WUD Central
Regional Operations Center
3H-2 Change Order No. 1 with Davco Electrical
Contractors Corp. for green generation lighting project at Canyon Community
Park
Page 20
3H-3 Grant Agreement with Florida Division of
Emergency Management for flexible screen system at Highridge Family Center
3H-4 Second Amendment to Lease Agreement with
Tallman, LLC for PBSO secured vehicle storage area
Page 21
3H-5 Restrictive Covenant for maintenance of
littoral planting area at Central Detention Center
3H-6 License Agreement with SFWMD for use of
parking spaces at Lake Lytal Park
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Fourteen
(14) amendments to Neighborhood Stabilization Program projects
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES - None
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 23
3L-1 Budget Transfer for natural areas management
3L-2 Indian
River Lagoon License Tag Funding Agreement with SFWMD for Palm Beach County
Cypress Creek Jupiter Ranch Restoration project
Page 24
3L-3 Ratify
signature on no-cost Exhibition Agreement with City of West Palm Beach for
local environmental exhibit
MARCH 15, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 24
3M-1 Receive
and file five (5) independent contractor agreements for Parks & Recreation
Department
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 25
3Q-1 Grant
Adjustment Notice from FDLE for Law Enforcement Exchange project
3Q-2 Department of Children & Families grant
regarding supportive housing for homeless persons leaving the jail
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 26
3X-1 Resolutions
abolishing two (2) inactive advisory boards/committees
3X-2 Agreement with Palm Beach State College for
Community Emergency Response Team training
Y. PURCHASING
-
None
Z. RISK MANAGEMENT
Page 26
3Z-1 Renewal of Property Insurance Policy from
National Union Fire Insurance Company (water utilities properties)
Page 27
3Z-2 Renewal of Excess Automobile Liability
Insurance Policy from State National Insurance Company (Palm Tran bus fleet)
3Z-3 Renewal of Excess Property & Liability
Insurance Program
AA. PALM TRAN - None
PUBLIC HEARINGS – 9:30 A.M.
Page 28
4A Living Wage Ordinance
4B South Stacy Street abandonment/extension
to public hearing date
4C Animal Care & Control Ordinance
Page 29
4D Tequesta Fire Rescue - Certificate of
Public Convenience and Necessity
MARCH 15, 2011
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 30
5A-1 Presentation
by Tax Collector – TIME CERAIN 10:30
A.M.
5A-2 Resolution
supporting prescription drug monitoring program
FIFTEENTH
JUDICIAL CIRCUIT
Page 30
5B-1 Juvenile
Court Case Manager position - TIME
CERTAIN 10:25 A.M.
AIRPORTS
Page 31
5C-1 Airport
ground transportation user fees
PLANNING,
ZONING & BUILDING
Page 31
5D-1 Multi-Jurisdictional
Issues Forum participation
CRIMINAL
JUSTICE COMMISSION
Page 32
5E-1 Criminal
Justice Commission Program Update
FACILITIES
DEVELOPMENT & OPERATIONS
Page 33
5F-1 9/11
Memorial Plaza project
BOARD
APPOINTMENTS (Pages 34 - 36)
STAFF
COMMENTS (Page 37)
COMMISSIONER
COMMENTS (Page 38)
ADJOURNMENT (Page 38)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A)
a waiver of prohibited
relationship pursuant to Palm Beach County Code, Article XIII, the Palm Beach
County Code of Ethics for Chuck Elderd of the Palm Beach County Film &
Television Commission, a member of the Overall Economic Development Program
(OEDP) committee; and
B)
a Grant Agreement with The
Palm Beach County Film & Television Commission in the amount of $23,000
commencing March 19, 2011 and ending March 18, 2012.
2. Staff
recommends motion to approve:
A) a request by the Supervisor of Elections
(SOE) to renovate and convert the use of various portions of the SOE Offices
located at 240 South Military Trail; and
B) a Budget Amendment of $281,000 in the
Public Building Improvement Fund to recognize revenue from the SOE and
establishing a project budget.
SUMMARY: Having completed and occupied the Voter
Equipment Center in leased space in unincorporated Riviera Beach, the SOE has
requested approval to renovate various portions of the County–owned facility
located on Military Trail to better meet her identified needs and service
delivery strategy. Specifically the
project will: 1) renovate the existing training room into a public space
serving absentee voting function (public counter and six workstations), 2)
create a new training center in the existing storage area in the warehouse, 3)
create a new records storage area within the warehouse, 4) create an early
voting areas within the existing warehouse by adding a storefront in place of
one of the existing roll-up doors, and 5) create new restrooms which are
required based on the new occupancy. The
work will be managed by Facilities Development and Operations’ with a budget
established in the Public Improvement Fund utilizing revenue transferred from
the SOE’s excess budget. The work is expected to take 240 days and should begin
mid to late April. Countywide/District
2 (JCM)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during January 2011. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Contract with Ranger Construction Industries Inc.
(Ranger), in the amount of $451,909.85, for the construction of Woolbright Road
and I-95 Intersection Improvements (Project). SUMMARY: Approval of this Contract
will allow Palm Beach County (County) to issue a Notice to Proceed to Ranger, a
Palm Beach County company, to begin construction of the Project. The County’s
Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE
participation committed for the Project by Ranger is 15.01%. District 7
(MRE)
2. Staff
recommends motion to:
A) remove the Lyons Road pathway project between
Glades Road and Norte Largo Drive from the approved Fiscal Year 2009/2010
Pathway Program;
B) remove the Lyons Road pathway
project between Palmetto Park Road and Norte Largo Drive from the approved
Fiscal Year 2008/2009 Pathway Program; and
C) add the Dillman Road pathway project between Lyons Road and 150
feet east of Monteclaire Court to the Fiscal Year 2009/2010 Pathway Program.
SUMMARY: Approval of these changes to the Pathway Program will allow the cancellation of two (2) pathway projects (that were not supported by the nearby community representatives). The funding from the two (2) cancelled pathways will allow the construction of a pathway on Dillman Road west of Lyons Road and will provide appropriate pedestrian access to the newly opened Everglades Elementary School. Districts 5 & 6 (MRE)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends motion to approve:
A) the cancellation of Reimbursement Agreement R2009-1478 with the Lake Worth Community Development Corporation/Hammon Park in the amount of $250,000;
B) a Reimbursement Agreement with the Lake Worth Community Development Corporation/Hammon Park (CDC) in an amount not to exceed $62,500; and
C) a Budget Transfer of $187,500 in the Transportation Improvement Fund from Lake Worth Community Development Corporation/Hammon Park – District 7 to Culvert Repair and Replacement.
SUMMARY: A 2009 Reimbursement Agreement provided funding in an amount not to exceed $250,000 for improvements for Hammon Park, a 117 workforce housing residential community. Prior to construction, Publix Supermarket purchased seventy five percent of the southern end of the Hammon Park property, effectively changing the boundaries of the original Agreement and reducing the amount of residential units to 46 units. Approval of the cancellation of Reimbursement Agreement R2009-1478, the new Reimbursement Agreement and Budget Transfer will provide reduced funds to the CDC to pay for reconstruction of the curbs, gutters, landscaping, roadways and sidewalks along the modified boundaries of Hammon Park. The $187,500 originally reserved for Hammon Park, will provide supplement funding for culvert repair and replacement throughout the County to keep pace with the repair of the culvert failures that currently affect our roads. District 7 (MRE)
4. Staff
recommends motion to adopt: a Resolution to vacate a five foot wide utility easement within
the plat of Avondale Heights, recorded in Plat Book 24 Page 37 and two (2) five
foot wide utility easements within the plat of Lynnwood, recorded in Plat Book
24, Page 168, Public Records of Palm Beach County, Florida. SUMMARY:
Adoption of this Resolution will allow the petitioner, Palm Beach County,
to vacate certain utility easements that are no longer needed. These
areas to be abandoned are within the proposed development area shown on the
adopted Airport Master Plan, located west of Military Trail and just north of
Southern Boulevard within the Palm Beach International Airport property. District
6 (PK)
5. Staff recommends motion to approve: a Contract with Rosso Paving & Drainage, Inc. (Rosso), in the amount of $4,869,633.90 for the construction of Lyons Road from north of West Atlantic Avenue to south of Boynton Beach Boulevard (Project). SUMMARY: Approval of this Contract will allow Palm Beach County (County) to issue a Notice to Proceed to Rosso, a Palm Beach County company, to begin construction of the Project. The County’s Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Rosso is 45.03%. District 5 (MRE)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) a Joint Participation Agreement (JPA) with the Town of Jupiter for the
construction of a mast arm traffic signal at the north intersection of South
Central Boulevard and Indian Creek Drive east/west; and
B) a Budget Amendment of $150,000 in the Transportation Improvement Fund to
recognize the Town of Jupiter’s participation in this project and appropriate it
to Traffic Signals – Mast Arms Fiscal Year 2011.
SUMMARY: Approval of this JPA and Budget Amendment will allow the design and construction of a traffic signal on South Central Boulevard, a Palm Beach County (County) maintained roadway, at the north intersection with Indian Creek Drive east/west, roadways maintained by the Town of Jupiter (Town). The County will fund up to $100,000, but not to exceed one-half of the cost of the project. Funding for the County’s share of the project’s cost is available in the Traffic Signals - Mast Arms Account. The Town will reimburse the County for the full cost of the construction of the project, less the amount of the County’s participation as outlined above. Present estimated Town cost is $150,000. District 1 (MRE)
7. Staff recommends
motion to approve:
A) a Contract with Ranger Construction Industries, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $2,640,178.90 for the construction of Project No. 2008061, Westgate North Infrastructure Improvements, Phases 4, 5 & 6 (Project); and
B) a Budget Amendment of $700,000 in the Capital Outlay fund to recognize funding from the Westgate CRA.
SUMMARY: Approval of this Contract
and Budget Amendment will allow improvements including sidewalk construction,
roadway paving, retention area excavation, drainage piping, potable water
modifications and installation of sanitary sewer improvements to portions of
Osceola Dive, Loxahatchee Drive, Shawnee Avenue, Chickamauga Avenue, and
Genesee Avenue. The 360 calendar day
Project is federally funded and the Contractor has met all of the necessary federal
requirements. The Contractor is a Palm Beach County business. The Small
Business Enterprise (SBE) goal for the Project is 15%. The SBE participation
committed for the Project by the Contractor is 15.89% overall. District 2 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to receive and file: Certain amended bond documents related to the issuance the Tax-Exempt Adjustable Mode Revenue Bonds (the King’s Academy, Inc. Project) Series 2006 approved by Resolution R-2006-0896. SUMMARY: Resolution R2006-0896 authorized the issuance of the Bonds and granted authority to the Chair to sign any subsequent documents related to this bond issue. The Chair signed certain amended bond documents on December 21, 2010. Bond counsel for King’s Academy, Inc. has now provided a fully executed set of those bond documents. These documents should now be received and filed in the Minutes Department. Countywide (PFK)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends motion to adopt: a Resolution approving an Interlocal Agreement to be entered into by and between the Housing Finance Authority of Palm Beach County, Florida (the “Authority”) and the Housing Finance Authority of Lee County, Florida (the “Lee Authority”) in the form attached hereto for furtherance of the purposes hereof (the “Interlocal Agreement”) as required by Part IV, Chapter 159, Florida Statutes (the “Act”). SUMMARY: Pursuant to its authority under Section 163.01, Florida Statutes and the Act, the Authority may enter into interlocal agreements with other governmental bodies to make the most efficient use of their respective powers, resources and capabilities in the exercise of those powers common to them. The Authority plans to enter into the Interlocal Agreement with the Lee Authority to authorize the Lee Authority to finance qualifying single family mortgage loans within Palm Beach County, Florida (the “County”) which will be financed from the proceeds of the $20,770,000 Housing Finance Authority of Lee County, Florida Single Family Housing Revenue Bonds (GSE Program – Multi-County), 2009 Series A (the “Lee Bonds”) issued by the Lee Authority. The Lee Authority has issued $20.7 million of bonds that may not be fully utilized in Lee County by November, 2011. The Lee Authority has reached out to other counties to allow participating lending institutions to originate 30-year fixed rate FHA/VA loans at 4.3% to first time homebuyers. Pursuant to the Act, the governing body of the County must provide approval for the use of proceeds of the Lee Bonds pursuant to the Interlocal Agreement for the financing of single family mortgage loans within the County. Countywide (PFK)
3. Staff
recommends motion to approve:
A) an Agreement with de la Parte & Gilbert,
P.A., for legal services; and
B) an Agreement with Rose Sundstrom &
Bentley, LLP, for legal services.
Summary: The Water Utilities Department has a number
of ongoing and upcoming legal issues which require specialized legal expertise
in water utilities law. In response to
this need, the County Attorney’s Office issued a Request for Proposals (RFP) on
December 15, 2010. The RFP requested firms to submit proposals for two (2) separate
scopes of work: (1) water utilities regulatory issues; and (2) complex utility
projects/agreements. Responsive proposals were received from eight (8) law
firms for water utilities regulatory issues and seven (7) law firms for complex
utility projects/agreements. On February
16, 2010, a selection committee met to review and discuss the proposals. The
selection committee selected de la Parte & Gilbert, P.A., to provide legal
services for water utilities regulatory issues, and Rose Sundstrom &
Bentley to provide legal services for complex utility projects/agreements. The
initial terms of the agreements are for two (2) years, and the agreements are
automatically renewable for three (3) – one (1) year extension terms, unless
otherwise terminated in accordance with the provision of the agreements. Work shall be assigned to the appropriate
firm, on a task by task basis, through a legal services task authorization
form. Countywide (MWJ)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) a waiver of prohibited relationship
pursuant to Palm Beach County Code, Article XIII, the Palm Beach County Code of
Ethics, for Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA)
employee Jamie Estremera-Fitzgerald, a member of the Criminal Justice Mental
Health & Substance Abuse Planning Council; and
B) Agreement No. IA111-9500 for the
Older Americans Act (OAA) Federal grant funds totaling $2,088,808 with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period
January 1, 2011, through December 31, 2011, for nutritional and in-home
services to the elderly, with this being the first of two (2) – one (1) year
renewal options.
Summary: This is the resulting Agreement of the Service Provider Application
(SPA) to the Request for Proposal (RFP)
approved by the Board of County Commissioners on December 1, 2009 (R2009-2054) and
allows the Division of Senior Services (DOSS), as an AAA Lead Agency, to
provide direct services to seniors. Services are funded with $2,088,808 in
Federal funds, $232,090 in County required funds, $1,685,704 in additional
County funds, $278,687 in Nutrition Services Incentive Program (NSIP), and
$54,365 in Program Income. This Agreement spans two (2) County fiscal years. Funding
is included in the FY 2011 budget to meet County obligations. A prohibited
relationship waiver is being recommended for an employee of AAA who serves on a
County planning council. This individual disclosed this relationship and is
requesting a waiver pursuant to Section 2-443(d) of the Code of Ethics. The
waiver is being recommended based on a staff determination that the execution
of this contract will not create a conflict of interest with the continued
service of this individual on the council. In the area south of Hypoluxo Road, the
Mae Volen Senior Center, Inc. currently provides OAA services under a similar
grant from the AAA. (DOSS) Countywide except for portions of Districts 3, 4,
5, and 7 south of Hypoluxo Road (TKF)
2. Staff recommends
motion to:
A) receive and file Amendment No. 001 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
November 16, 2010, through November 15, 2013, to increase the agreement
by $22,173 for a new not to exceed
amount of $155,038; and
B) approve an upward Budget Amendment
of $13,918 in the DOSS Administration Fund to reconcile the budget to the
actual grant award.
Summary: The
Amendment covers adjustments that are made during the contract year to
align services with need. The reallocation of funds is due to unused dollars
from the AAA’s service providers and the Division of Senior Services’ (DOSS)
need for services. The Amendment was executed by the County Administrator in accordance with Resolution
R2010-1942, which delegated authority to the County Administrator, or his
designee, to sign documents related to the DOSS’s AAA grants. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: two (2)
amendments to the Ryan White Part
A HIV Health Support Services Contracts (Formula) for the period March
1, 2010, through February 28, 2011:
A) Amendment No. 3 to contract (R2010-0949) with Comprehensive AIDS Program,
Inc. to increase funding for Medical Case Management by $107,000 for a new total
contract amount not to exceed $1,552,000; and
B)
Amendment No. 4 to contract (R2010-0950) with Comprehensive Community
Care Network, Inc. to decrease funding for Mental Health Services by $12,000,
Laboratory/Diagnostic by $70,000, and Nurse Care Coordination by $25,000 for a
new total contract amount not to exceed $506,874.
Summary: Ryan White HIV Health Support service dollars are reviewed throughout
the contract year and reallocated to best meet the needs of affected clients. A
decrease of $107,000 from Comprehensive
Community Care Network, Inc. will be
reallocated to Comprehensive AIDS Program, Inc. ($107,000). These reallocations allowed additional clients to be served. No County funds are required. (Ryan White) Countywide
(TKF)
4. Staff recommends
motion to approve: five
(5) amendments to the Ryan White Part A HIV Health Support Services Contracts
(Supplemental) for the period March 1, 2010, through February 28, 2011:
A) Amendment No. 2 to contract (R2010-0994)
with Health Care District of Palm Beach County to decrease funding for Local
Drug Supplemental/ADAP Drug Program by $105,000 for a new total contract amount
not to exceed $126,747;
B) Amendment No. 1 to contract (R2010-0990)
with Oakwood Center of the Palm Beaches, Inc. to decrease funding for Substance
Abuse Residential by $24,926 for a new total contract amount not to exceed
$688;
C) Amendment No. 1 to contract (R2010-0988)
with Legal Aid Society of Palm Beach County, Inc. to increase funding for Legal
Services by $10,000 for a new total contract amount not to exceed $63,654;
D) Amendment No. 1 to contract (R2010-0993)
with Palm Beach County Health Department to increase funding for
Laboratory/Diagnostic services by $50,000 for a new total contract amount not
to exceed $467,246; and
E) Amendment No. 1 to contract (R2010-0986)
with Comprehensive AIDS Program, Inc. to increase funding for Medical Case
Management by $69,926 for a new total contract amount not to exceed $405,513.
Summary: Ryan White HIV Health Support
service dollars are reviewed throughout the contract year and reallocated to
best meet the needs of affected clients. A decrease of $105,000 from Health
Care District of Palm Beach County and $24,926 from Oakwood of the Palm
Beaches, Inc. will be reallocated to Legal Aid Society of Palm Beach County
($10,000), Palm Beach County Health Department ($50,000), and Comprehensive
AIDS Program, Inc. ($69,926). These reallocations allowed additional clients to
be served. Initial allocations
are set at the beginning of the contract year based on the anticipated need.
The reallocation process occurs toward the end of the contract year to adjust
for shifts in service needs during the contract year. In order to avoid a penalty resulting in a reduction in future
funding, the grant must be spent down by the end of the contract year. No County funds
are required. (Ryan White) Countywide (TKF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to:
A)
receive and file the Ryan White Part A HIV Emergency Relief grant award from Human
Services Health Resources and Services Administration (HRSA) for formula carry
over funds in the amount of $30,000 for the period of March 1, 2010, through
February 28, 2011;
B) receive and file Amendment
No. 3 (R2010-0950) with Comprehensive Community Care Network, Inc. (CCCN) for
Ryan White Part A HIV Emergency Relief formula carry over funds for the period
of March 1, 2010, through February 28,
2011, totaling a not to exceed amount of $613,874; and
C) approve an upward Budget Amendment of $30,000 in the Ryan
White Program Fund to reconcile the grant budget to the actual grant award.
Summary: A Notice of Grant
Award from the Department of Health and Human Services Health Resources and
Services Administration was received on January 11, 2011, that conveys an award
for the contract period March 1, 2010,
through February 28, 2011. The fully executed amendment with CCCN has
been returned and requires submission to the Clerk’s office for filing. The
amendment consists of funds that were reallocated to serve the HIV clients in
Palm Beach County. It was executed by
the County Administrator in accordance with Resolution R2010-1074, which
delegated authority to the County Administrator, or his designee, to sign
documents related to the Ryan White Part A HIV Emergency Relief Grant.
(Ryan White) Countywide (TKF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve:
A) a waiver of prohibited relationship
pursuant to Palm Beach County Code, Article XIII, the Palm Beach County Code of
Ethics, for United Way of Palm Beach County employees Charles
Anderson and Laurie George, a member and an alternate, respectively of the
Homeless Advisory Board;
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to approve: Cargo Building Lease Agreement (Lease) with Delta
Air Lines, Inc. (Delta) for the lease of cargo space at the Palm Beach
International Airport (PBIA) for initial annual rental in the amount of
$59,661. SUMMARY: The Lease provides for the lease of approximately
7,019 square feet of interior cargo space at Cargo Building 1300 to Delta for
office administration, shipping, receiving and sorting of parcels, freight and
cargo. Delta has leased space at the facility since 1991 pursuant to that
certain Air Freight Building Lease (R91-1041D) that expired September 30, 2010.
The term of the new Lease is October 1, 2010, through September 30, 2011, with
automatic one (1) year renewals. Countywide (HJF)
2. Staff recommends
motion to adopt: a Resolution
approving a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) in the amount
of $196,861 for Concourse “C” security improvements at Palm Beach International
Airport. SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $196,861 or 100% of the eligible project costs. Countywide (AH)
3. Staff recommends
motion to approve: a First Amendment to Drainage Agreement (Amendment) with
Closter Farms, Inc., (Closter) for excess water drainage services for Palm Beach
County Glades Airport (Airport) located on State Road 715 in Pahokee. SUMMARY: Excess water drains from
the Airport onto Closter’s farmland adjacent to the Airport, pursuant to the
Drainage Agreement dated April 18, 2006 (R2006-0664). The Amendment extends
the term of the Drainage Agreement to April 1, 2015 and corrects the acreage on
which annual per-acre fees are assessed. Countywide (HJF)
4. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) to include the E-Verify
and scope of work language to the Joint Participation Agreement (JPA) for the
Westside Hangar Development Phase I at Palm Beach County Park Airport. SUMMARY: On June 29, 2010, the Board of County
Commissioners adopted a resolution (R2010-1001) approving a JPA (R2010-1002)
with the FDOT in the amount of $1,500,000, or 80.00% of the eligible project
costs, whichever is less, for the Westside Hangar Development Phase I at Palm
Beach County Park Airport. The FDOT has issued SJPA Number 1 to include the
E-Verify and scope of work language to the said JPA. The E-Verify language is being added as a new
section (Section 5.00 of the SJPA) and the scope of work language can be found
in Exhibit “A” under Special Considerations by Department. The amended language
requires utilization of the U.S. Department of Homeland Security’s E-Verify
system to confirm the employment eligibility of all persons employed, including
subcontractors, during the term of the Contract. Additionally, as of July 1, 2010, Section
215.971 of the Florida Statutes requires agreements with the State to contain a
scope of work that clearly establishes quantifiable and measurable deliverables
for the project. Countywide (AH)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) to construct aprons, taxilanes and infrastructure
at North Palm Beach County General Aviation Airport. SUMMARY: On June 29, 2010, the Board of County Commissioners adopted a
resolution (R2010-1003) approving a JPA (R2010-1004) with the FDOT in the
amount of $1,500,000 or 80.00% of the eligible project costs, whichever is
less, to construct aprons, taxilanes and infrastructure at North Palm Beach
County General Aviation Airport. The
FDOT has issued SJPA Number 1 to include the E-Verify and scope of work
language to the said JPA. The E-Verify
language is being added as a new section (Section 5.00 of the SJPA) and the
scope of work language can be found in Exhibit “A” under Special Considerations
by Department. The amended language
requires utilization of the U.S. Department of Homeland Security’s E-Verify
system to confirm the employment eligibility of all persons employed, including
subcontractors, during the term of the Contract. Additionally, as of July 1, 2010, Section
215.971 of the Florida Statutes requires agreements with the State to contain a
scope of work that clearly establishes quantifiable and measurable deliverables
for the project. Countywide (AH)
6. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) for the parking garage rehabilitation at Palm
Beach International Airport (PBIA). SUMMARY: On June 29, 2010, the Board of County Commissioners adopted a
resolution (R2010-1005) approving a JPA (R2010-1006) with the FDOT in the
amount of $1,000,000 or 50.00% of the eligible project costs, whichever is
less, for the parking garage rehabilitation at PBIA. The FDOT has issued SJPA
Number 1 to include the E-Verify and scope of work language to the said
JPA. The E-Verify language is being
added as a new section (Section 5.00 of the SJPA) and the scope of work
language can be found in Exhibit “A” under Special Considerations by
Department. The amended language requires utilization of the U.S. Department of
Homeland Security’s E-Verify system to confirm the employment eligibility of
all persons employed, including subcontractors, during the term of the
Contract. Additionally, as of July 1,
2010, Section 215.971 of the Florida Statutes requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and
measurable deliverables for the project. Countywide (AH)
7. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) to construct Taxiway Exit C4 and shoulders at
Palm Beach International Airport (PBIA).
SUMMARY: On June 29, 2010, the Board of County
Commissioners adopted a resolution (R2010-1007) approving a JPA (R2010-1008)
with the FDOT in the amount of $1,750,000 or 50.00% of the eligible project
costs, whichever is less, to construct Taxiway Exit C4 and shoulders at
PBIA. The FDOT has issued SJPA Number 1
to include the E-Verify and scope of work language to the said JPA. The E-Verify language is being added as a new
section (Section 5.00 of the SJPA) and the scope of work language can be found
in Exhibit “A” under Special Considerations by Department. The amended language
requires utilization of the U.S. Department of Homeland Security’s E-Verify
system to confirm the employment eligibility of all persons employed, including
subcontractors, during the term of the Contract. Additionally, as of July 1, 2010, Section
215.971 of the Florida Statutes requires agreements with the State to contain a
scope of work that clearly establishes quantifiable and measurable deliverables
for the project. Countywide (AH)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) to rehabilitate Taxiway M at North Palm Beach
County General Aviation Airport. SUMMARY: On June 29, 2010, the Board of County
Commissioners adopted a resolution (R2010-1009) approving a JPA (R2010-1010)
with the FDOT in the amount of $55,000 or 80.00% of the eligible project costs,
whichever is less, to rehabilitate Taxiway M at North Palm Beach County General
Aviation Airport. The FDOT has issued
SJPA Number 1 to include the E-Verify and scope of work language to the said
JPA. The E-Verify language is being added as a new section (Section 5.00 of the
SJPA) and the scope of work language can be found in Exhibit “A” under Special
Considerations by Department. The amended language requires utilization of the
U.S. Department of Homeland Security’s E-Verify system to confirm the
employment eligibility of all persons employed, including subcontractors,
during the term of the Contract.
Additionally, as of July 1, 2010, Section 215.971 of the Florida
Statutes requires agreements with the State to contain a scope of work that
clearly establishes quantifiable and measurable deliverables for the project. Countywide (AH)
9. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) for the Air Cargo Apron expansion and rehabilitation
at Palm Beach International Airport (PBIA). SUMMARY: On June 29, 2010, the Board of County
Commissioners adopted a resolution (R2010-1011) approving a JPA (R2010-1012)
with the FDOT in the amount of $2,256,000 or 50.00% of the eligible project
costs, whichever is less, for the Air Cargo Apron expansion and rehabilitation
at PBIA. The FDOT has issued SJPA Number
1 to include the E-Verify and scope of work language to the said JPA. The E-Verify language is being added as a new
section (Section 5.00 of the SJPA) and the scope of work language can be found
in Exhibit “A” under Special Considerations by Department. The amended language requires utilization of
the U.S. Department of Homeland Security’s E-Verify system to confirm the
employment eligibility of all persons employed, including subcontractors,
during the term of the Contract.
Additionally, as of July 1, 2010, Section 215.971 of the Florida
Statutes requires agreements with the State to contain a scope of work that
clearly establishes quantifiable and measurable deliverables for the project. Countywide (AH)
10. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) to include the E-Verify and scope of work language to the Joint
Participation Agreement (JPA) for security enhancements/improvements at Palm
Beach International Airport (PBIA). SUMMARY: On June 29, 2010, the Board of County Commissioners adopted a
resolution (R2010-1013) approving a JPA (R2010-1014) with the FDOT in the
amount of $5,000,000 or 100% of the eligible project costs, for security enhancements/improvements
at PBIA. The FDOT has issued SJPA Number 1 to include the E-Verify and scope of
work language to the said JPA. The
E-Verify language is being added as a new section (Section 5.00 of the SJPA)
and the scope of work language can be found in Exhibit “A” under Special
Considerations by Department. The amended language requires utilization of the
U.S. Department of Homeland Security’s E-Verify system to confirm the
employment eligibility of all persons employed, including subcontractors,
during the term of the Contract. Additionally, as of July 1, 2010, Section
215.971 of the Florida Statutes requires agreements with the State to contain a
scope of work that clearly establishes quantifiable and measurable deliverables
for the project. Countywide (AH)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
11. Staff
recommends motion to adopt: a Resolution
approving Supplemental Joint Participation
Agreement (SJPA) Number 1 with the Florida Department of Transportation
(FDOT) amending the original project description to Extend Runway 9R/27L
(10R/28L) Environmental & Design and Golfview Infrastructure Planning &
Design at Palm Beach International Airport (PBIA); and to include the E-Verify
and scope of work language to the Joint Participation Agreement (JPA). SUMMARY: On October 16, 2007 (R2007-1791), the BCC adopted
a resolution approving a JPA with the FDOT in the amount of $4,142,000 or 50%
of the eligible project costs, whichever is less, for the Environmental Impact
Statement (EIS) and Design Runway Extension at PBIA. The FDOT has issued SJPA Number 1 amending the
original project description to Extend Runway 9R/27L (10R/28L) Environmental
& Design and Golfview Infrastructure Planning & Design at PBIA, with no
increase in funding. The JPA is also
amended to include the E-Verify and scope of work language. The E-Verify language is being added as a new
section (Section 5.00 of the SJPA) and the scope of work language can be found
in Exhibit “A” under Special Considerations by Department. The amended language requires utilization of
the U.S. Department of Homeland Security’s E-Verify system to confirm the
employment eligibility of all persons employed, including subcontractors,
during the term of the Contract.
Additionally, as of July 1, 2010, Section 215.971 of the Florida
Statutes requires agreements with the State to contain a scope of work that
clearly establishes quantifiable and measurable deliverables for the
project. SJPA Number 1 will allow for
the use of State funds in the preliminary planning and design for
infrastructure in the area of the former Town of Golfview and will bring the
JPA into compliance. Countywide (AH)
12. Staff
recommends motion to receive and file: two (2) original Agreements for the Department of Airports:
A) General Aeronautical Services Permit with Palm Beach Delivery, Inc.
d/b/a Yankee Express, commencing October 1, 2010, expiring September 30, 2011,
renewed automatically on year-to-year basis (10/1 through 9/30); and
B) Second Amendment to Airline-Airport Use and Lease Agreement with jetBlue
Airways Corporation replacing Exhibits “B” and “D” to R2007-0272 increasing
hold room area and adding an additional gate.
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the Board
of County Commissioners in R2006-1906 and R2010-0708. Countywide (AH)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to approve:
A) Amendment No. 2 to the Pavilions, Shelters, and Sheds Contract with Robling Architecture Construction, Inc. (R2010-0615) increasing the remaining capacity by $433,455 to a new not to exceed capacity of $933,454; and
B) Work Order No. 11-003 with Robling Architecture Construction, Inc. (R2010-0615) in the amount of $672,603 to construct a 100' x 130' metal pavilion at Water Utilities’ Central Regional Operations Center (CROC).
SUMMARY: Staff is requesting Board approval to raise the remaining value of the contract to accommodate the Water Utilities project. The contract totals to date are $258,453.25 of the approved $499,999. This increase in capacity is necessary to keep the schedule and complete the emergency hurricane back-up generators housing prior to the peak of hurricane season. The new pavilion will provide housing for Water Utilities’ emergency hurricane back-up generators. The work consists of a new 100' x 130' metal pavilion, including all utilities and site modifications. All other terms of the original contract remain in effect. The goal for Small Business Enterprise (SBE) participation is 15%, and will be tracked cumulatively for each work order issued. Robling’s SBE participation to date is 78.27%. The total construction duration is 180 days. Robling Architecture Construction, Inc. is a certified SBE Contractor and is a Palm Beach County company. (FD&O Admin) District 6 (JM)
2. Staff recommends
motion to approve: Change Order No. 1 to the contract with Davco
Electrical Contractors Corp. (R2010-0516) increasing the cost by $257,612.08
for the Green Generation Lighting Project to include Canyon Community Park. SUMMARY:
This newly commissioned park has one (1) unlighted multipurpose
field. The work consists of installing Green Generation Lighting at the
unlighted multipurpose field at Canyon Community Park. This project is partially funded with Federal
Stimulus Grant monies, specifically from the Energy Efficiency and Conservation
Block Grants (EECBG). Due to cost
savings on the previously approved Green Generation Lighting project, Parks was
able to extend the scope to include an additional park. As such, these improvements are partially
funded with the remaining Federal Stimulus Grant monies ($82,359.44); and the
remaining funds are provided through Impact Fees. All applicable Federal Certifications and
Representations are required to meet grant specifications. General Conditions
pertaining to all American Recovery and Reinvestment Act of 2009 (ARRA) grant
funded projects are applicable. This
project also has a Davis Bacon requirement with a Small Business Enterprise
(SBE) goal of 15%. SBE participation for
this project is 18.8%. The total
construction duration is 90 days. Davco Electrical Contractors is a Palm Beach
County company. (FD&O Admin) Countywide/District 5 (JM)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve:
A) a Grant Agreement of $212,550 with the State of Florida, Division of Emergency Management (DEM) for the purpose of installing a flexible screen system to cover all exterior openings of the Highridge Family Center;
B) a Budget Amendment of $212,550 in the Public Building Improvement Fund to recognize funds received from FEMA and to establish a project budget; and
C) a Budget Transfer of $70,850 in the Public Building Fund from the Hazard Mitigation account to increase the project budget.
SUMMARY: Following Hurricane Wilma in 2005, the United States Department of Homeland Security-Federal Emergency Management Agency (FEMA) made available Hazard Mitigation Grant program funds for projects designed to mitigate the hazards of disaster events. Facilities Development and Operations and the Division of Emergency Management worked closely together to submit a grant proposal for consideration to FEMA. The proposal was submitted for work relating to protecting the Highridge Youth Facility from damages during high wind events. The Highridge Facility acts as the family shelter during wind events. The project consists of the installation of Armor Screen 2000 Flexible Wind Abatement System to cover all exterior openings. The shutter system is designed to withstand wind speeds up to 140 mph and to meet the Florida Building Code or Miami-Dade Specifications. This system will replace the existing old Lexan panel type Hurricane Shutter system which is so deteriorated that they are not worth keeping or using on another facility and so will be sent to County surplus. The total project budget is $283,400 with FEMA funding (via the State of Florida, Division of Emergency Management) $212,550 (75%) and the County matching the remainder of the costs in the amount of $70,850 (25%). The project has a completion date of January 31, 2013. (Facilities Management) Countywide/District 7 (JM)
4. Staff recommends
motion to approve: a Second Amendment to Lease Agreement (R2007-0395)
with Tallman, LLC, for the County’s continued use of approximately 10,990 SF of
indoor and outdoor secured vehicle storage for the Palm Beach County Sheriff’s
Office at an annual rate of $95,793.22 ($8.72 per SF). SUMMARY: Since March 29, 2007, the County, on behalf
of Palm Beach County Sheriff’s Office (PBSO), has leased approximately 4,990 SF
of indoor storage warehouse building and approximately 6,000 SF of a paved
outdoor storage area within the Murphy Towing Complex located at 6907 Southern
Boulevard in unincorporated Palm Beach County for the operation of both indoor
and outdoor secured vehicle storage. In
the First Amendment, approved on March 9, 2010 (R2010-0358), Tallman, LLC
agreed to reduce the rent by 10% and suspend the annual rental increase for one
(1) year. This Second Amendment to Lease
Agreement exercises the third option to extend the term of the Lease Agreement
for one (1) year to March 28, 2012, and updates various provisions to
incorporate new standard wording. Rent during this extension will increase by
3.5% to $95,793.22/year ($8.72 per SF). (PREM)
District 6 (HJF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: a Restrictive Covenant for maintenance of two (2) littoral
planting areas covering approximately .30 acres at the County’s Central
Detention Center (Stockade) in unincorporated West Palm Beach. SUMMARY: The County has completed construction of the
Video Visitation Facility at the Stockade.
As part of the overall construction for the expansion of the Stockade
property, the County has created two (2) water management tracts to handle
stormwater runoff within the property. The County’s Environmental Resources
Management Department’s permitting process requires planting of littoral areas
within the water management tracts and execution of restrictive covenants to
ensure future maintenance thereof. The
Restrictive Covenant identifies a 9,105 square foot (0.21 acre) littoral area
and a 3,883 square foot (0.09 acre) littoral area, totaling 12,988 square feet
(.30 acres), within each water management tract and provides for the
maintenance thereof. (PREM) District
6 (HJF)
6. Staff recommends
motion to approve: a License Agreement with South Florida Water
Management District (SFWMD) for use of parking spaces at Lake Lytal Park from
March 18, 2011, through March 17, 2012 at no charge. SUMMARY: This License Agreement will allow SFWMD to
utilize up to seventy-five (75) parking spaces at Lake Lytal Park while SFWMD
works on a permanent plan to provide for its parking needs at its
administrative headquarters complex, which is located adjacent to Lake Lytal
Park. Use will be limited to employee
parking between the hours of 7:00 am and 5:00 pm., excluding weekends and
County holidays. SFWMD’s use of the
parking spaces is during the times of day and week that do not interfere with
the public’s use of the facilities at Lake Lytal Park. The term of the License Agreement is for one
(1) year. The County may revoke the license for any reason whatsoever upon
thirty (30) days written notice to SFWMD. The County will not charge for the
use of the licensed premises. (FDO Admin) District 2 (MWJ)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: fourteen (14) Amendments to extend the expiration dates and to adjust the funding allocations to Agreements with subrecipients participating in the Neighborhood Stabilization Program subject to the receipt of signed Amendments from these subrecipients:
A) Amendment No. 001 to the Agreement with the Palm Beach County Housing Authority (R2010-0898) to extend the expiration date from March 31, 2011, to June 30, 2011;
B) Amendment No. 002 to the Agreement with the Palm Beach County Housing Authority (R2010-0898) to decrease the funding allocation from $750,000 to $749,999.34;
C) Amendment No. 001 to the Agreement with the Riviera Beach Housing Authority (R2010-0899) to extend the expiration date from March 31, 2011, to June 30, 2011;
D) Amendment No. 002 to the Agreement with the Riviera Beach Housing Authority (R2010-0899) to decrease the funding allocation from $500,000 to $492,579.49;
E) Amendment No. 001 to the Agreement with the Housing Partnership, Inc. (R2010-0900) to extend the expiration date from March 31, 2011, to October 31, 2011;
F) Amendment No. 002 to the Agreement with the Housing Partnership, Inc. (R2010-0900) to decrease the funding allocation from $850,000 to $809,868.03;
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
1. MOTION/TITLE CONTINUED
G) Amendment No. 001 to the Agreement with Neighborhood Renaissance, Inc. (R2010-0901) to decrease the funding allocation from $500,000 to $486,643.10;
H) Amendment No. 002 to the Agreement with the Florida Conference Association of Seventh Day Adventists (R2010-0902) to extend the expiration date from March 31, 2011, to October 31, 2011;
I) Amendment No. 003 to the Agreement with the Florida Conference Association of Seventh Day Adventists (R2010-0902) to decrease the funding allocation from $272,600 to $183,955.14;
J) Amendment No. 001 to the Agreement with the Community Land Trust of Palm Beach County, Inc. (R2010-0903) to extend the expiration date from March 31, 2011, to October 31, 2011;
K) Amendment No. 002 to the Agreement with the Community Land Trust of Palm Beach County, Inc. (CLT) (R2010-0903) to increase the funding allocation from $800,000 to $1,019,413.60;
L) Amendment No. 001 to the Agreement with the City of Riviera Beach (R2010-0904) to extend the expiration date from March 31, 2011, to October 31, 2011;
M) Amendment No. 002 to the Agreement with the Village of Wellington (R2001-1036) to extend the expiration date from April 30, 2010, to December 31, 2011; and
N) Amendment No. 003 to the Agreement with the Village of Wellington (R2001-1036) to decrease the funding allocation from $750,000 to $680,141.30.
SUMMARY: Palm Beach County entered into Agreements with eight (8)
subrecipients under the Neighborhood Stabilization Program (NSP1). A total of $5,000,000 in NSP1 funds was
allocated to these subrecipients for the acquisition and rehabilitation of
foreclosed properties which are then sold to, or leased to, income qualified
households. Delays associated with the
difficulties that proposed homebuyers have been having to acquire private
mortgage financing to purchase these properties, foreclosure backlogs in the
court system, the moratorium on closings related to questionable foreclosure
documents, and the time needed to secure building permits for the
rehabilitation work, have necessitated time extensions to Agreements with seven
(7) of the eight (8) subrecipients. These subrecipients were able to obligate
$4,764,491.24 of the $5,000,000 by the September 4, 2010, deadline for
obligation of funds as mandated by the U.S. Department of Housing and Urban
Development (HUD). Permission has now been granted by HUD to obligate the
$235,508.76 balance, provided that this amount is obligated by April 1, 2011. These amendments will pool unobligated funds
from seven (7) subrecipients and make the sum of pooled funds available to the
Community Land Trust of Palm Beach County, Inc. to acquire additional
properties. These are Federal
Neighborhood Stabilization Program Grant funds which require no local match.
Districts 1, 2, 3, 6 & 7 (TKF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to approve: Budget Transfer of $2,000,000 from Natural Areas Fund Reserves to Natural Areas Management. SUMMARY: The funds are needed for on-going land management and enhancement activities being conducted by various annual term contract vendors within the Loxahatchee Slough Natural Area, Hungryland Slough Natural Area, Pine Glades Natural Area, and the Cypress Creek Natural Area. These are the County’s largest natural areas (totaling 24,468 acres) and comprise approximately 78% of the County natural areas managed by the Department of Environmental Resources Management (ERM). The Natural Areas Fund is a non-ad valorem funding source for the County’s natural areas management activities. Countywide (SF)
2. Staff recommends motion to:
A) approve Indian River Lagoon License Tag Funding Agreement Contract SAP No. 4600002344 with the South Florida Water Management District (SFWMD) for the Palm Beach County Cypress Creek Jupiter Ranch Restoration Project, commencing upon execution in FY2011 for a period of one (1) year, in an amount not to exceed $77,030;
B) approve Budget Amendment of $77,030 in the Environmental Resources Capital Projects Fund to recognize the agreement revenue; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
SUMMARY: The SFWMD’s Indian
River Lagoon License Plate Program has awarded a $77,030 funding agreement for
the Cypress Creek Jupiter Ranch Restoration Project, on a reimbursement basis.
No matching funds are required. The project proposes to resculpture shell
borrow pits to improve historic hydrologic connections and the functionality of
the wetlands to allow them to store more water and help attenuate storm water
surges to the Loxahatchee River.
Planting of native vegetation will be done utilizing both volunteers and
planting contracts.
The project will also help reduce the threat of saltwater
intrusion and extend base flows to the River, and re-establish suitable habitat
for listed species. District 1 (SF)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) ratify signature by the County Administrator of a
no-cost Exhibition Agreement with the City of West Palm Beach for use of the
waterfront Lake Pavilion to promote local environmental resources and
restoration initiatives;
B) ratify signature by the County Administrator of a
no-cost Agreement with John J. Lopinot for the use of photographs for display
during the exhibition at the Lake Pavilion, March 10-April 15, 2011;
C) ratify signature by the County Administrator of a
no-cost Agreement with Armory Art Center for the use of nine sculpture
pedestals for the purpose of displaying art during the exhibition at the Lake
Pavilion, March 10- April 15, 2011;
D) ratify signature by the County Administrator of a
Lease Agreement in the amount of $3000 with Tanks A Lot for a saltwater living
exhibit during the exhibition at the Lake Pavilion, March 10-April 15, 2011;
and
E) authorize the County Administrator, or his designee,
to sign all future time extensions, certifications, statements and other forms
associated with these or similar future agreements, and any necessary minor amendments
that do not change the scope of work or terms and conditions.
SUMMARY: The City of West Palm Beach has recently offered Palm Beach County use
of the Lake Pavilion for an environmental exhibit between March 10, 2011 and
April 15, 2011. The exhibit includes
various displays which require Agreements with providers of event specific
goods and services. Due to the short notice, it was necessary for the
Administrator to sign these Agreements after a review for legal sufficiency
determined there was negligible risk to the County. District 7 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the months of January and February:
A) Mary Lou Putnam, Water Exercise
Instructor, North County Aquatic Complex for the period January 26, 2011,
through January 25, 2012, in an amount not to exceed $13,000;
B) Palm Beach County Officials Association, Inc., Volleyball Officials,
West Boynton Recreation Center for the period February 1, 2011, through April
7, 2011, in an amount not to exceed $2,592;
C) Christine Dimond, Water Exercise Instructor, North County Aquatic
Complex for the period March 11, 2011, through March 10, 2012, in an amount not
to exceed $4,000;
D) Caroline Andre, Cheerleading Coach, Westgate Recreation Center for the
period February 15, 2011, through April 17, 2011, in an amount not to exceed
$682; and
E) Arthur Gibson, Basketball Referee, Westgate Recreation Center for the
period February 12, 2011, through April 17, 2011, in an amount not to exceed
$703.
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 & 3 (AH)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file: a Grant Adjustment Notice for the Edward
Byrne Memorial Justice Assistance Grant for $80,000 from the Florida Department
of Law Enforcement to extend the Law Enforcement Exchange (LEX) project from
December 31, 2010, to September 30, 2011. SUMMARY:
The Law Enforcement Exchange (LEX) System is
two-fold: it provides the technical connectivity between various law
enforcement systems; and it is an application that allows law enforcement officers
to query operational information stored in system databases across Palm Beach
County and at the state and national levels. The project, originally approved
for the probation and parole interface, has been delayed due to a vendor issue
causing the extension and reallocation to a different project within LEX. The
expenditure of $80,000 was previously approved to develop a comprehensive LEX system
integration plan.
The goal is to create a uniform information sharing system for
Palm Beach County law enforcement. This will include two-way communication
conduits between local law enforcement crime centers and the Palm Beach
Regional Fusion Center. Countywide (GB)
2. Staff recommends
motion to:
A) receive and file the Department of Children and Families grant
for $455,295 for the Criminal Justice, Mental Health and Substance Abuse
Reinvestment Act Program for the period of July 1, 2010, through June 30, 2013;
B)
approve a Memorandum of Understanding
for Implementation Grant with the Department of Children and Families for the
period of July 1, 2010, through June 30, 2013 to establish a supportive housing
for homeless leaving the jail; and
C)
approve a Budget Amendment of $455,295 in the Criminal Justice Grant Fund to
establish funds for this grant project.
SUMMARY:
Palm Beach County has
received a direct award of $455,295 under
the Department of Children and Families (DCF) Criminal Justice, Mental Health
and Substance Abuse Reinvestment Act Program for supported housing for those
leaving the jail that are homeless with a mental health and substance abuse
disorder with a focus for custodial parents. Programs will be
administered jointly by the Criminal Justice Commission and the Oakwood Center of the Palm Beaches, Inc. Local match
requirement of 100% is stipulated by DCF. The match is being provided through
community resources from the Sheriff’s Office ($129,378; in-kind), Public
Defender’s Office ($3,000; cash), Oakwood Center of the Palm Beaches, Inc.
($122,253; in-kind), Comprehensive Alcoholism Rehabilitation Program, Inc.
($226,927; in-kind), and the Drug Abuse Foundation ($47,450; in-kind). The
amount of overmatch is $73,713. Countywide
(GB)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to adopt:
A) a Resolution of the Board of County Commissioners of Palm Beach
County Florida, repealing Resolution No. R99-2344, which created the Victim
Advocacy Advisory Council; and
B) a Resolution of the Board of County Commissioners of Palm Beach
County Florida, repealing Resolution No. R2005-1259, which created the Domestic
Security Council.
SUMMARY: On February 9, 2010, the County Administrator issued
a memorandum requesting that all Department/Division Heads take a comprehensive
look at advisory boards in which the Board of County Commissioners participate
on or make appointments to in order to reduce their number. Staff generated a
report from this assessment and provided it to the Board of County
Commissioners. On September 28, 2010, the Board of County Commissioners
approved by consensus to abolish these advisory boards, since the functions/duties
of these two (2) committees can be served by other existing committees. Countywide
(GB)
2. Staff recommends motion to:
A) approve an Agreement with Palm Beach State College in an amount not to exceed
$2,070.75 per class for the period March 1, 2011, through June 30, 2011 to
provide Community Emergency Response Team (CERT) training for residents
requesting CERT training through the Department
of Public Safety Division of Emergency Management; and
B) authorize the County Administrator or his designee to execute any
future contracts with the Palm Beach State College to provide CERT training on behalf
of the Board of County Commissioners, after approval of legal sufficiency by
the County Attorney's Office, and within budgeted allocations.
SUMMARY: Palm Beach County Department of Public Safety, Division of Emergency
Management provides CERT training to residents of Palm Beach County. This
program educates residents about disaster preparedness for types of hazards
that may impact our county. Using the training learned in the classroom and
during exercises, CERT members can assist others in their neighborhood or
workplace following an event. Funding for this agreement will be provided by
the State of Florida, Division of Emergency Management grant. Countywide
(GB)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: renewal
of the expiring Property Insurance Policy from National Union Fire Insurance
Company, purchased through the County’s contracted broker, Arthur J. Gallagher
& Co., under Contract No. 10-042R/LJ, in an amount not-to-exceed $525,003
for the designated properties of Water Utilities for the period April 1, 2011,
through March 31, 2012. Summary: This policy, underwritten by National Union
Fire Insurance Company, provides $200,000,000 of “all-risk” coverage excess of
a $1,000,000 deductible. A reduced sub-limit of $50,000,000 applies to losses
from named windstorms subject to a 5% of insured values deductible. The
not-to-exceed renewal premium of $525,003 represents an approximate decrease of
2% over the expiring policy. Sufficient funds are budgeted in FY 2011 for this
coverage. Countywide (TKF/MJ)
MARCH 15, 2011
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
(Cont’d)
2. Staff recommends
motion to approve: renewal
of the Excess Automobile Liability Insurance Policy from State National
Insurance Company, purchased through the County’s contracted broker, Arthur J.
Gallagher & Co., under Contract No. 10-042R/LJ, in an amount not-to-exceed
$309,877 for the operation of Palm Tran, Inc.’s bus fleet for the period April
1, 2011, through March 31, 2012. Summary: This policy, underwritten
by State National Insurance Company, provides $2,000,000 of coverage excess of
$100,000 per claimant/$200,000 per occurrence that is provided by the County’s
Self-Insured Retention Plan. (NOTE: Beginning October 1, 2011, due to a change
in state legislation, the excess coverage will not take effect until we have
reached $200,000 per claimant /$300,000 per occurrence in our Self Insured
Retention Plan.) Last year, through aggressive negotiation, staff, with the
assistance of the contracted broker, was able to achieve a 19% reduction in the
final premium. That negotiated final premium of $309,877 will continue for the
new policy year, representing a 0% increase over the expiring policy. This
premium is not subject to adjustment for changes in the size of the fleet
during the policy period. Sufficient funds are budgeted in FY 2011 for this
coverage. Countywide (TKF/DR)
3. Staff recommends
motion to approve: renewal
of the County’s Excess Property & Liability Insurance Program for the
period April 1, 2011, through March 31, 2012 purchased through the County’s
contracted broker, Arthur J. Gallagher Risk Management Services, Inc., under
Contract No. 10-042R/LJ, for a total cost not-to-exceed $11,125,000. Summary: The Excess Property & Liability Insurance
Program currently provides excess layers of property insurance totaling $200
million inclusive of the County’s $1,000,000 self-insured retention and excess
layers of liability insurance totaling $5 million excess of the County’s
$500,000 self-insured retention. The program also includes various ancillary
excess insurance policies covering damage to County-owned property resulting
from flood, terrorism, boiler & machinery, and employee dishonesty. The
coverage structure has been analyzed and configured to provide the best
coverage terms at the most competitive prices. The County was successful in
negotiating a significant reduction for the 2010-2011 policy year and coming in
under budget. The 2010-2011 actual realized savings were $1,014,016 or 8.3%.
The projected 2011-2012 renewal figures include more aggressive pricing and are
inclusive of anticipated mid-year charges for newly added properties. The
County’s total insurable values have increased 4.20% this year to approximately
$2.08 Billion. The cost of the program is also impacted by a variety of State
mandated surcharges and assessments that have increased in 2011. The total
not-to-exceed cost of $11,125,000 represents a $59,089 (0.53%) decrease over
the actual expiring premium of $11,184,089.
Sufficient funds are budgeted in FY 2011 for this coverage. Countywide
(TKF)
* * * * * * * * * * * *
MARCH 15, 2011
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of
Palm Beach County, amending Ordinance 2003-004, as amended by Ordinance
2004-002, the Palm Beach County Living Wage Ordinance; amending Section 3
Living Wage; providing for captions; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and
ordinances; and providing for effective date. SUMMARY: This amendment to
the Palm Beach County Living Wage Ordinance provides for the living wage
rate to be maintained at the current hourly rate through September 30, 2013,
and for the current hourly rate to be used as the basis for calculating the
living wage rate adjustment effective October 1, 2013. Countywide (EC)
B. Staff
recommends motion to continue until June 21, 2011: the Public Hearing on a Resolution
abandoning that certain portion of South Stacy Street shown on the plat of Haverhill Acres, recorded in Plat
Book 20, Page 75, Public Records of Palm Beach County, Florida. SUMMARY: The
Petitioner is requesting an additional three (3) month continuance of the
abandonment of that certain portion of South Stacy Street shown on the plat of
Haverhill Acres, recorded in Plat Book 20, Page 75, Public Records of Palm
Beach County, Florida. District 2 (PK)
C. Staff
recommends motion to approve: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida amending Chapter 4 of the Palm Beach
County Code (Ordinance 98-22, as amended by Ordinances 2001-065, 2003-27,
2005-44, 2008-004, and 2009-019), amending Section 4-2 (definitions); amending Section
4-5 (animals creating nuisances); amending Section 4-18 (guard dogs); amending Section
4-23 (kennel, excess animal habitat, pet shop, grooming parlor, and commercial
stable permits); amending Section 4-24 (animal care; manner of keeping);
amending Section 4-27 (dangerous dogs and vicious dogs); amending Section 4-29
(hobby breeder permits); amending Section 4-30 (animal care and control hearing
board); amending Section 4-32 (violations, civil infractions, civil penalties);
providing for repeal of laws in conflict; providing for savings clause;
providing for severability; providing for inclusion in the code of laws and
ordinances; providing for enforcement; providing for penalty; providing for
captions; and providing for an effective date. SUMMARY: This Amendment places additional
requirements on pet shops and pet dealers to protect consumers; expands the
definition of nuisance animals; revises provisions pertaining to animal
establishments; requires all guard dogs services and individuals using guard
dogs to obtain a permit, to comply with registration requirements, and to
provide guard dogs with a humane existence; revises definitions; prohibits the
tethering of animals as a means of confinement; amends manner of keeping
regulations; revises provisions pertaining to hobby breeder permits; revises
provisions pertaining to dangerous and vicious dogs; revises provisions
pertaining to special master hearings; and revises provisions pertaining to
violations. Countywide (SF)
MARCH 15, 2011
4. PUBLIC
HEARINGS – 9:30 A.M. CONTINUED
D. Staff recommends
motion to approve: an
Amendment to Tequesta Fire Rescue’s Certificate of Public Convenience and Necessity
(COPCN) correcting and updating prior service areas to include four
geographical areas that are covered by an Interlocal Agreement with Palm Beach
County Fire Rescue until September 30, 2012 to Tequesta Fire Rescue’s COPCN. SUMMARY: On December 21, 2010, the
Public Safety Department through its Emergency Medical Services (EMS) Office
submitted a request to approve the renewal of eleven (11) COPCN’s. The Village
of Tequesta’s area of service needs to include the following four (4)
geographical areas that are covered by an
Interlocal Agreement with Palm Beach County Fire Rescue until September 30,
2012: Area 1: all parcels south of the Village of Tequesta’s municipal border,
east of Point Drive/Rio Vista Drive along the Loxahatchee River, and back north
along Rio Vista Drive to the Tequesta border line. Area 2: all parcels not
within the Village of Tequesta’s municipal boundary: east of Country Club
Drive, south to Tequesta Drive, east to the Loxahatchee River, and back north
to the Tequesta line. Area 3: all parcels not within the Village of Tequesta’s
municipal boundary, east of the Loxahatchee River, south to the Tequesta line (
just north of N Dover Road ), east to the Tequesta line (just west of Gardens
Street), and back north to the Tequesta line. Area 4: All parcels within the
City limits of Jupiter, south of the Village of Tequesta’s boundary line, east
to the FEC railroad tracks, south to the Loxahatchee River, and back north
along the Loxahatchee River to the Tequesta Line. Countywide (GB)
* * * * * * * * * * * *
MARCH 15, 2011
5. REGULAR
AGENDA
A. ADMINISTRATION
TIME CERTAIN 10:30 A.M.
1. Presentation
by Tax Collector
2. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, requesting
the Florida Legislature to support the continuance of the prescription drug
monitoring program implemented in Section 893.055, Florida Statutes. SUMMARY: In 2009, the Florida Legislature passed legislation establishing a
prescription drug monitoring program (PDMP), including the implementation of a
statewide database that would track prescription drug purchases in order to
curb the abuse of prescription pain medication. The database is funded through
private dollars; however, the PDMP has not yet begun due to contract delays.
Recently, Governor Rick Scott announced his desire to eliminate the PDMP due to
funding and privacy concerns. Because the tri-county portion of South Florida
is home to 37 percent of the state’s registered pain clinics: Broward (127),
Palm Beach (108) and Miami-Dade (81), the Board of County Commissioners of Palm
Beach County requests that the Florida Legislature continue to support the
development and use of the PDMP and that the Legislature not support Governor
Scott’s recommendations. The proliferation of pain management clinics and the
drug-related deaths associated with overdosing are causing seven (7) Floridians
per day to lose their lives. Law enforcement and medical providers are
extremely supportive of Florida’s PDMP. By not having one in Florida, Florida
has grown to be one of the biggest suppliers of prescription drugs in the
nation. According to the Florida Attorney General’s Office, nearly 8.3 million
oxycodone pills were sold in just the three (3) South Florida counties alone –
Palm Beach, Broward, and Dade – in 2009. We have become the nation’s oxycodone
capitol. Countywide (DW)
B. FIFTEENTH JUDICIAL CIRCUIT
TIME CERTAIN 10:25 A.M.
1. Staff requests
Board direction: on the establishment of a full-time
county funded Juvenile Court Case Manager position with Court Administration. This position is currently funded by a
Criminal Justice Commission grant through March 31, 2011 and there are
sufficient county funds of $34,604 that are available within the Court
Administration’s operating budget to fund the cost of this position through
September 30, 2011. SUMMARY: On March 23 2010, the Board approved a
budget transfer from the American Recovery and Reinvestment Act – Justice
Assistance Grant Fund for three (3) Court Administration positions from
December 21, 2009, through December 28, 2010. The Juvenile Case Manager was not
hired until April 2010 and funded through April 2011. However, due to health
insurance costs, the funding will be depleted on March 18, 2011. The Juvenile
Court Case Manager is the only Delinquency Case Manager position in Palm Beach
County. The position provides services to the Juvenile Courts, the judicial
partners, and especially the youth and families throughout the County. This
position has developed and implemented a number of new initiatives, enhanced
current juvenile practices and increased the utilization of community-based
alternatives for court-involved youth. A
budget transfer of $34,604 from operating
budget to personal services will provide the funding necessary to cover the
salary and benefit costs for one (1) Juvenile Court Case Manager position
through September 30, 2011.
There are sufficient funds within the operating budget due to a combination of
savings and a reprioritization of planned spending. Continuation of this
position after September 30, 2011 will be included in the budget process for
the upcoming year. Countywide (TKF)
MARCH 15, 2011
5. REGULAR
AGENDA
C. AIRPORTS
1. Staff requests
Board direction on: Airport ground transportation user fees adopted pursuant
to Resolution No. 2010-1462 for the Palm Beach International Airport (PBIA). SUMMARY: At the February 15, 2011 meeting, the Board directed
staff provide additional information regarding vehicle for hire and airport
ground transportation fees. Vehicle for hire (VFH) permit fees are
charged by Palm Beach, Broward and Miami-Dade Counties (See Attachment “1” of
the Agenda Item, VFH Fee Summary). VFH Ordinances are regulatory in
nature and regulate matters such as vehicle safety and appearance, insurance
and driver standards. Palm Beach County’s VFH fees are the lowest of the
three counties (See Attachment “2” of the Agenda Item, Reserves
Summary). It should be noted that all three (3) counties provide for some
level of reciprocity for out-of-county VFH companies with valid VFH permits
from their county of origin to their respective airports/seaports. Airport
ground transportation fees are user fees charged by PBIA, the Fort
Lauderdale-Hollywood International Airport (FLL) and the Miami International
Airport (MIA) to VFH companies for the privilege of operating a commercial
enterprise on the airport (See Attachment “3” of the Agenda Item, Airport Fee
Summary). None of the airport ground transportation regulations provide
for reciprocity. For example, a limousine operator with a valid Palm Beach
County VFH permit would not be required to obtain a Broward County VFH permit,
but would be required to pay all applicable airport ground transportation fees
to FLL to operate at the airport. The Division of Consumer Affairs (Consumer
Affairs) administers and enforces the VFH Ordinance. The airport ground
transportation permit/decal process is also administered by Consumer Affairs on
behalf of the Department of Airports. Consumer Affairs has issued more than
1000 airport ground transportation decals at the cost of $75.00 per
vehicle. As an accommodation to non-contractual VFH companies, the
Department of Airports also intends to recommend re-opening the East ground
transportation loop for use by non-metered vehicles providing VFH services,
such as limousines and sedans (See Attachment “4” of the Agenda Item, Proposed
Loop Requirements Summary). Countywide (AH)
D. PLANNING, ZONING & BUILDING
1. Staff requests
Board direction: on participation in the
Multi-Jurisdictional Issues Forum. SUMMARY: The Board of County
Commissioners, at its meeting on January 11, 2011, directed the County Attorney
to examine the County’s participation in the “Palm Beach County
Intergovernmental Coordination Program” in light of potential Sunshine Law
concerns. The Coordination Program is
comprised of two (2) elements: a) an Issues Forum and Executive Committee
comprised of elected officials; and b) an Intergovernmental Plan Amendment
Review Committee comprised of planning directors. The Sunshine Law applies to
any gathering of two (2) or more members of a board or committee regarding
discussion of matters that will come before a board or committee in the
foreseeable future, unless the committee’s powers are limited to
information-gathering or fact finding authority and only conducts such
activities. The Issues Forum of the Coordination Program is a sunshine
committee as it makes recommendations regarding countywide issues. Options to
consider by the Board are as follows:
1) Discontinue participation in the Issues Forum, the Executive
Committee, and IPARC by withdrawing
as a party to the two (2) interlocal agreements;
2) Discontinue participation in the Issues Forum by withdrawing
from the Multi-Jurisdictional Issues Coordination Forum Interlocal
Agreement and continue to participate in IPARC; or
3) Continue
participation as set forth in the Interlocal Agreements. Countywide (RB)
MARCH 15, 2011
5. REGULAR
AGENDA
E. CRIMINAL JUSTICE COMMISSION
TIME CERTAIN 2:00 P.M.
1. Staff recommends
motion to receive and file: an update by members of
the Criminal Justice Commission (CJC) regarding the following issues: Inspector
General report on Pride Integrated Services, Inc. probation contract;
Electronic monitoring; Juvenile Detention Center population and Alternatives to
Secure Detention programs; and CJC membership and Sunshine Law concerns. Summary: The CJC is
providing updates as requested by the Board of County Commissioners at the
November 30, 2010 Workshop. In response to an inquiry requested by the CJC, the
Inspector General recently completed a special review of Pride Integrated
Services, Inc., handling of restitution payments and has made recommendations
to the CJC. The CJC has responded to the recommendations made by the Inspector
General and has made changes to the contract monitoring process as a result.
The CJC has prepared a report on the current usage of electronic monitoring as
a means of reducing the jail population, and the potential for expanding the
program. A study of the juvenile detention center population and current
alternatives to secure detention programs has been completed. The CJC has been
addressing Sunshine Law concerns raised by some of the CJC constitutional
officers. The CJC has created a subcommittee consisting of the five (5) constitutional
officers and private sector members to examine the Sunshine Law issues and
concerns brought forward by the State Attorney. An opinion on whether having a
designee would alleviate the concern has been requested from the Office of the
Attorney General. Other alternatives are currently being discussed in the
committee and recommendations are forthcoming. Countywide (GB)
MARCH 15, 2011
5. REGULAR
AGENDA
F. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff requests
Board direction on:
A) approving
the development of a 9/11 Memorial Plaza project;
B) approving the re-allocation of $20,000 of 2002
Cultural and Recreation Facilities Bond public art monies to the 9/11 Memorial
Plaza project; and
C) authorizing Public Affairs and Facilities Development
and Operations staff to develop a fundraising plan to include specific fund
raising strategies as well as an outline of acceptable roles County staff can
play in the effort.
SUMMARY: To commemorate the tenth anniversary of the
“attacks on America” which occurred on September 11, 2001, a 9/11 Memorial
Plaza in Lake Lytal Park will be created as a peaceful place of reflection,
remembrance and commemoration of the victims and first responders at the World
Trade Center in New York, the Pentagon in Arlington, Virginia and in a field
near Shanksville, Pennsylvania. In
partnership with Fire Rescue, Sheriff’s Office and Parks and Recreation, the
County’s public art program will facilitate a process by which an artist is
selected to design the Memorial Plaza. The re-allocated $20,000 will fund the
design development of the memorial plaza. The completed design will be used as
the primary fundraising tool to fund the construction and installation of the
Memorial Plaza. In 2004, the Board approved $1,000,000 for countywide public
art projects to be sited throughout the County. Of the seven (7) identified
projects only one (1) is not yet underway or complete, the Black Heritage Trail
project (Trail). The Trail is envisioned as a countywide landmarking project,
the sites of which are to be determined by a planning committee separate from
the Public Art Committee. Various efforts have been made to identify a planning
committee for the Trail but to date one has not been successfully established.
Recently the Public Art Committee identified a new idea to jump start the
project by re-granting the funds either through: 1) a planning grant to a local
not-for-profit which would work with the municipalities to identify and
prioritize important places of black heritage, or 2) direct re-granting to the
municipalities themselves. In either scenario, it is unlikely that this project
will require County funding for several years. As such, Staff is recommending
that $20,000 be re-allocated to the 9/11 Memorial Plaza. After funds are raised
to cover construction and installation costs associated with the Memorial
Plaza, additional funds raised will reimburse the $20,000 to the Trail. Issues
include initiating such a staff intensive project during budget cutbacks and
public fundraising. (FDO Admin) Countywide/District
2 (MJ)
* * * * * * * * * * * *
MARCH 15, 2011
6. BOARD
APPOINTMENTS
A. ENVIRONMENTAL RESOURCES
MANAGEMENT
(Artificial Reef and Estuarine
Enhancement Committee)
1. Staff recommends motion to approve: one (1) reappointment and one (1) appointment of at-large members to the Artificial Reef and Estuarine Enhancement Committee (AREEC) are for a term of three (3) years beginning March 15, 2011, through March 14, 2014:
Nominees Seat No. Representing Nominated By
Reappointment
David Snyder 6 Fisheries Interests Comm.
Marcus
Comm.
Vana
Comm.
Burdick
Comm.
Abrams
Comm.
Taylor
Comm.
Aaronson
Appointment
Jennifer Smith 2 Other
Government Entity Comm. Marcus
Comm.
Vana
Comm.
Burdick
Comm.
Abrams
Comm.
Taylor
Comm.
Aaronson
SUMMARY: On September 9, 2008, the Board of County Commissioners (BCC) adopted Resolution No. R08-1511 which established AREEC with eleven (11) members. The membership consists of one (1) representative of the County Commission, one (1) representative of commercial SCUBA diving, one (1) representative of recreational SCUBA diving, one (1) representative of marine industry, one (1) representative of recreational fishing, one (1) representative of fisheries, one (1) representative of an environmental organization, two (2) representatives from other government entity and two (2) general members. A memorandum from Environmental Resources Management was sent to the BCC on January 24, 2011 requesting nominations for Seat 6 and Seat 2. Countywide (HF)
B. COMMUNITY SERVICES
(Community Action Advisory Board)
1. Staff recommends
motion to approve: Appointment
of the following representatives to the Community Action Advisory Board for
terms ending September 30, 2013:
|
Seat # |
Appointment |
Member Category |
Term Ending |
Nominated By |
|
5 |
Mary R. Wilkerson |
Public Sector (At-Large) |
9/30/2013 |
Comm. Burdick Comm. Marcus Comm. Santamaria |
|
7 |
Gina Horn |
Private Sector |
9/30/2013 |
Comm.
Burdick |
|
|
|
|
|
Comm. Marcus Comm. Santamaria Comm.
Taylor |
SSummary: The Community
Action Advisory Board (CAAB) is a 15-member board comprised of one third
elected public officials or their representatives, with the remaining members
being business, industry, labor, religion, law enforcement, education or other
major groups in the community. On February 9, 2011, written notice was sent to
each Commissioner to request nominations. The appointments meet all
applicable guidelines and requirements outlined in Resolution R2009-1549. The
CAAB has reviewed and approved the nominee listed above. (Community Action) Countywide
(TKF)
MARCH 15, 2011
6. BOARD
APPOINTMENTS
C. PLANNING, ZONING &
BUILDING
MARCH 15, 2011
6. BOARD
APPOINTMENTS
D. ADMINISTRATION
1. Staff recommends motion to approve: reappointment/appointment of the following members to the Treasure Coast Health Council, Inc. (Council) for a two (2) year term from March 15, 2011, to March 14, 2013:
Nominee Seat No. Seat Requirement Nominated by
Reappoint:
Dr.
Douglas M. Sigman 2 Health
Care Consumer Comm. Marcus
Comm.
Burdick
Comm.
Taylor
Appoint:
Louise
E. LaHue 3 Health Care Consumer Comm. Burdick
Comm.
Taylor
Joshua
DeTillio 9 Health
Care Provider Comm. Burdick
Comm.
Taylor
SUMMARY: The Council is
comprised of twelve (12) members: seven (7) representatives appointed by Palm
Beach County; one (1) appointed representative each for Indian River County;
Martin County, and Okeechobee County; and two (2) representatives appointed by
St. Lucie County. Appointees shall be
representatives of health care providers, health care purchasers, and
non-governmental health care consumers. A majority of the Council must be
health care purchasers and health care consumers, and the Council must include
a representative number of persons over 60 years of age. On February 25, 2011,
staff distributed a memo requesting support of the above nominees or submittal
of additional nominees. No other nominations were received. Countywide
(TKF)
E. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 15, 2011
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 15, 2011
A. District
1 - COMMISSIONER KAREN T. MARCUS, CHAIR
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, VICE CHAIR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
March 15, 2011 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 15, 2011
PAGE ITEM
8 3C-3 DELETED:
Staff recommends motion to
approve: A) the cancellation of Reimbursement Agreement R2009-1478 with the
Lake Worth Community Development Corporation/Hammon Park in the amount of
$250,000; B) a Reimbursement
Agreement with the Lake Worth Community Development Corporation/Hammon Park
(CDC) in an amount not to exceed $62,500; and..(Engineering)
14 3E-7 DELETED: Staff
recommends motion to approve: Head Start Contracted Services
Expansion Agreement with Apostolic Child Development Centers, Inc., for the
period of March 7, 2011, through September 29, 2011, in an amount of $78,560,
for services to Early Head Start children and families. (Community Services)
(Further staff review)
26 3X-2 DELETED: Staff
recommends motion to: A) approve an Agreement with Palm Beach State College
in an amount not to exceed $2,070.75 per class for the period March 1, 2011,
through June 30, 2011 to provide Community Emergency Response Team (CERT)
training for residents requesting CERT training through the Department of Public Safety Division of
Emergency Management; and…(Public Safety) (Agreement not executed by College)
30 5A-3 ADD-ON: Staff recommends motion to adopt: a Resolution by the Board of County Commissioners of Palm Beach County, Florida, approving a $60,000 Job Growth Incentive (JGI) Grant with GARDA USA, INC. (GARDA) as a portion of the local match for a State Qualified Target Industry Grant Program (QTI) with a High Impact Sector Bonus, and providing for an effective date. SUMMARY: On January 11, the Board of County Commissioners (BCC) adopted (R2011-0078) conceptually approving $40,000 as a portion of the local match for a State Qualified Target Industry Grant, and $20,000 as a High Impact Performance Incentive Grant, and $150,000 for the Quick Action Closing Fund with GARDA. On March 1, 2011, the BCC adopted a $210,000 JGI with GARDA. This Resolution in the amount of $60,000 is required by the State to process GARDA’s QTI with High Impact Sector Bonus. There is no additional fiscal impact. District 4 (DW) (Admin/EDO)
31 5D-1 DELETED: Staff requests Board direction: on participation in the Multi-Jurisdictional Issues Forum. (PZB)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).