BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 13, 2011
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 9)
3. CONSENT
AGENDA (Pages 10 - 51)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 52 -
53)
5. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE CHILD CARE FACILITIES BOARD – 9:30 A.M. (Family Day Care Facilities Rules &
Regulations) (Page 54)
6. REGULAR
AGENDA (Pages 55 - 61)
7. BOARD
APPOINTMENTS (Pages 62 - 63)
8. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 64)
9. STAFF
COMMENTS (Page 65)
10. COMMISSIONER
COMMENTS (Page 66)
11. ADJOURNMENT (Page 66)
* * * * * * * * * * *
SEPTEMBER 13, 2011
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 9
2C-1 Literacy AmeriCorps Members Swearing In
Ceremony
2C-2 Caribbean-American for Community Involvement
Day
2C-3 Habilitation Center Day
2C-4 National Preparedness Month
2C-5 National Hereditary Breast & Ovarian
Cancer Week and National Previvor Day
2C-6 Hunger Action Month
2C-7 National Childhood Nutrition Day
2C-8 Domestic Violence Awareness Month
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Golf Tournament Agreement with Trump
International Golf Club and Glades Healthcare Foundation for charitable golf
tournament
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, and final payments for June 2011
3B-5 Change
orders, work task orders, minor contracts, and final payments for July 2011
Page 11
3B-6 Proof
of publications “Unclaimed Monies”
3B-7 Destruction
of Board of County Commissioner records
3B-8 Two
(2) annual financial reports
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Interlocal Agreement with Town of Jupiter for
assessment of water main on 181st Street North and 182nd
Road North (Limestone Creek)
3C-2 Supplemental Agreement No. 10 with Wantman
Group, Inc. for revised design plans for Congress Avenue and Hypoluxo Road
intersection improvements
Page 12
3C-3 Resolution
vacating drainage easement within Tract D, Boys & Girls Club Haverhill
3C-4 Change Order No. 10 with American Engineering
& Development Corp. relative to Lyons Road project (Glades Road to Yamato
Road)
3C-5 County
Deed in favor of FDOT for right-of-way on Hooker Highway (SR 715 to SR 15)
3C-6 Change Order No. 13 with Ranger Construction
Industries for construction of Okeechobee Boulevard (Royal Palm Beach HS
Entrance to Florida Turnpike)
3C-7 DELETED
3C-8 Resolution
delegating signature authority on utility relocation agreements
Page 13
3C-9 Termination of contract with Vila & Son
Landscaping Corp/Amendment with Arazoza Brothers Corporation
3C-10 Local Agency Program Agreement with FDOT relative to Safe Routes to
School funding
D. COUNTY ATTORNEY
Page 13
3D-1 Amendment
No. 14 to contract with Denise M. Nieman, County Attorney
3D-2 Official transcript for closing of Industrial
Development Revenue Bonds (South Florida Fair project)
3D-3 Official transcript for closing of Industrial
Development Revenue Bonds (Jupiter Christian School project)
SEPTEMBER 13, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
D. COUNTY ATTORNEY (Cont’d)
Page 14
3D-4 Official transcript for closing of Revenue
Improvement Bonds (Ocean Ave Lantana Bridge and Max Planck Florida Corp.
projects)
3D-5 Settlement
Agreement in personal injury case Eddie M. Rodriguez v. Palm Tran, Inc.
3D-6 Agreement
with Fisher & Phillips for legal services
E. COMMUNITY SERVICES
Page 15
3E-1 Ratify Chair’s signature on DCF Homeless
Challenge Grant Application/delegate authority to sign contracts for services
to the homeless
Page 16
3E-2 Phase
29 Emergency Food and Shelter Program Award Letter
3E-3 Amendment No. 2 with The Center for Family
Services for emergency shelter services to homeless persons
3E-4 Contract
with Gulfstream Goodwill Industries for supportive services to homeless persons
Page 17
3E-5 Contract
with Jerome Golden Center for Behavioral Health for services to homeless
individuals
3E-6 Consulting/Professional Services Contracts
with Marriage & Family, Inc. for mental health services to Head Start/Early
Head Start children
Page 18
3E-7 Child
Care Food Program Permanent Contract with Florida Dept. of Health
3E-8 Agreement with Florida Dept. of Community
Affairs for FY 2011-2012 Community Services Block Grant funds
Page 19
3E-9 Standard
Agreement with Area Agency on Aging for Alzheimer’s Disease Initiative program
3E-10 Standard Agreement with Area Agency on Aging for Home Care for the
Elderly program
3E-11 Standard Agreement with Area Agency on Aging for Community Care for
the Elderly program
Page 20
3E-12 Standard Agreement with Area Agency on Aging
for Respite for Elders Living in Everyday Families program
3E-13 Amendment No. 1 with Governor’s Council for
Community Health Partnerships for summer camp scholarships
Page 21
3E-14 Grant Award Letter from Dept. of Health &
Human Services/Amendments to Ryan White Part A HIV Health Support Services
contracts
F. AIRPORTS
Page 22
3F-1 Resolution approving a parking discount
program at PBIA
Page 23
3F-2 List of 12 charitable organizations to
benefit from proceeds from PBIA fountain
3F-3 Supplemental
JPA No. 2 with FDOT relative to Southside Hangar project at Palm Beach County
Airport Park
3F-4 Amendment
No. 1 with CTR Systems Parking for parking access and revenue control system
replacement project at PBIA
Page 24
3F-5 General Consulting Agreement with CH2M Hill,
Inc.
Page 25
3F-6 Amendment
No. 5 with Ricondo & Associates modifying insurance requirements and
exercise first renewal option for continued professional planning and design
services
3F-7 Resolution establishing a standard Terminal
Space Lease Agreement
3F-8 Fourth
Amendment to Airport Ground Lease Agreements with Avis Rent A Car System and
DTG Operations
Page 26
3F-9 Agreement
for Rental Car Lease and Concession with 7 companies
SEPTEMBER 13, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 27
3G-1 Budget
Amendments regarding Refunding Bonds (Convention Center project)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 28
3H-1 Budget transfers/Amendment No. 9 with The
Weitz Company relative to the Belle Glade Library project
3H-2 Budget Transfer/Amendment No. 10 with The
Weitz Company relative to West Boynton Branch renovation project
Page 29
3H-3 CSA No. 5 with Saltz Michelson Architects,
Inc. relative to shell/build out of Four Points Office building
3H-4 Contract with The Gordian Group, Inc. for
administration and maintenance of the Job Order Contracting System
Page 30
3H-5 Amendment No. 11 with Hedrick Brothers
Construction for construction management services related to the South County
Tax Collector site improvement project
3H-6 Notification of cumulative total of change
orders to The Weitz Company for Main Library renovation project
Page 31
3H-7 Annual
contracts for pavilions, shelters and shed construction with seven (7)
companies
3H-8 First
Amendment with Town of Palm Beach Shores for radio equipment maintenance
services
3H-9 Cherry
Road Complex Plat
Page 32
3H-10 Lease Agreement with Wellington Regional Medical Center for use as
forensic rape exam site
I. HOUSING & COMMUNITY DEVELOPMENT
Page 32
3I-1 Amendment No. 1 with Aid to Victims of
Domestic Abuse regarding Emergency Shelter Grants program funding
Page 33
3I-2 Five
(5) amendments to Declaration of Restrictions with Village of Wellington
Page 34
3I-3 Interlocal Cooperation Agreements for Urban
County Qualification for participation in the Community Development Block Grant
program
3I-4 Amendment
No. 1 with Town of Mangonia Park relative to community center renovations
Page 35
3I-5 Amendment
No. 1 with City of South Bay relative to housing rehabilitation program
3I-6 Resolution amending forms, documents, etc.
related to the implementation of the Neighborhood Stabilization program
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 35
3K-1 Receive
and file four (4) standard agreement for Water Utilities Department
Page 36
3K-2 Work Authorization No. 25 with Globaltech,
Inc. for WTP No. 3 Ground Water Rule improvements
3K-3 Supplement No. 2 with Sheltra & Son
Construction Company for water & force main aerial crossing at Lucerne
Lakes LWDD L-14 Canal
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 36
3L-1 Contract
with The Murphy Construction Company relative to the Jupiter Ridge Erosion
Control project
3L-2 DELETED
SEPTEMBER 13, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
Page 37
3L-3 Termination
of Easement at Whispering Woods Subdivision
3L-4 Contract with Sea to Shore Alliance, Inc.
for boat speed compliance study
Page 38
3L-5 Cooperative
Agreement with U.S. Bureau of Land Management relative to Jupiter Inlet
Lighthouse Outstanding Natural Area
3L-6 Task
Order No. 1297-02 with Olsen Associates, Inc. relative to Ocean Ridge Shore
Protection project
3L-7 Joint
Partnership Agreement Amendment No. 1 with FDOT expanding mitigation
construction area to include a location off of Bryant Park
Page 39
3L-8 Budget Amendment relative to Bluegill Trail
project
3L-9 Cooperative
Agreement with U.S. Dept. of Interior Fish and Wildlife Services regarding
construction of living shorelines
Page 40
3L-10 Agreement Contract No. 017245 with Florida Dept. of Agriculture and
Consumer Services regarding mosquito control reporting requirements
M. PARKS & RECREATION
Page 40
3M-1 Receive and file three (3) independent
contractor agreements
Page 41
3M-2 Second
Amendment with Chet’s, Inc. to provide professional water ski instructions at
South County Regional Park
3M-3 Local
Agency Program Supplemental Agreement with FDOT relative to South Bay Lake
Okeechobee Scenic Trail Gateway Trailhead Enhancement project
3M-4 Letter
from U.S. Dept. of Interior for the National Park Service’s American
Battlefield Protection program regarding Riverbend Park battlefield
N. LIBRARY
Page 42
3N-1 Application to Florida Division of Library
and Information Services for State Aid to Libraries grant
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 42
3Q-1 Third
Amendment with City of Riviera Beach relative to Youth Violence Prevention
project
3Q-2 First Amendment with University of South
Florida relative to evaluation of the criminal justice, mental health
collaboration project
Page 43
3Q-3 Contract
with Jerome Golden Center for Behavioral Health for supportive housing services
3Q-4 Ratify signature on Second Chance Act Grant
Application with Dept. of Justice for development of a plan to reduce
recidivism in juveniles
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 44
3S-1 Affiliate Agreement with 211 Palm
Beach/Treasure Coast to add Drowning Prevention Coalition to referral database
3S-2 Agreement with Dr. Thomas H. Matese for
medical direction for Paramedics/EMTs at training classes
3S-3 Second Amendment with Hope Health and
Wellness, Inc. to provide fire department physician and related services
SEPTEMBER 13, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
T. HEALTH DEPARTMENT
Page 45
3T-1 Resolution
adopting FY 2011/2012 budget for Air Pollution Control Program
U. INFORMATION SYSTEMS SERVICES
Page 45
3U-1 Network Service Agreement with The ARC of
Palm Beach County for connection to regional network
3U-2 First
Amendment with City of Palm Beach Gardens for connection to regional network
Page 46
3U-3 Supplemental Service Order Request with
Florida LambdaRail to increase commodity internet service capacity
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 46
3X-1 Receive
and file four (4) drug court agency contracts
Page 47
3X-2 Ratify Vice Chair’s signature on Florida
Animal Friend grant agreement for spay/neuter services
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 47
3BB-1 South Florida High Intensity Drug Trafficking Area Grant for OGT
initiative
3BB-2 South Florida High Intensity Drug Trafficking Area Grant for OMR
initiative
Page 48
3BB-3 FDLE Memorandum of Understanding and
Reimbursement Agreement for Miami Regional Drug Enforcement Strike Force
3BB-4 Grant adjustment notice for High Intensity Drug Trafficking Area
program grant
CC.
WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 48
3CC-1 Westgate/Belvedere Homes CRA Board Members
Page 49
3CC-2 Federally Funded Subgrant Agreement
with FL Division of Emergency Management for improvements at LWDD L-2 and
County L-2B
3CC-3 Interlocal Agreement with
Westgate/Belvedere Homes CRA regarding Westgate L-2 East Canal
DD. TOURIST DEVELOPMENT COUNCIL
Page 50
3DD-1 Amended and Restated Agreement with Palm Beach County
Cultural Council
3DD-2 Amended and Restated Agreement with Discover Palm Beach
County, Inc.
Page 51
3DD-3 Amended and Restated Agreement with Palm Beach County
Film & Television Commission
3DD-4 Amended and Restated Agreement with Palm Beach County
Sports Commission, Inc.
SEPTEMBER 13, 2011
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
Page 52
4A Ordinance regarding
holding period for firearms and secondhand dealers
4B Ordinance regarding
discharge of firearms
4C Ordinance regarding
possession of firearms during state of emergency
4D Ordinance
regarding firearms in or near natural area
Page 53
4E Resolution
confirming special assessment for Cadillac Drive watermain extension
BOARD OF
COUNTY COMMISSIONERS SITTING AS CHILD CARE FACILITIES BOARD
PUBLIC
HEARING 9:30 A.M.
Page 54
5A Family
Day Care Facilities Rules & Regulations (firearm storage)
REGULAR AGENDA
ADMINISTRATION
Page 55
6A-1 Five Year Agreement with Business
Development Board to assist in providing economic development activities
6A-2 Resolution requesting Legislature to
reconsider its position on the ability of local governments to pass local
ordinances related to firearms and ammunition
AIRPORTS
Page 56
6B-1 Agreement
for Purchase and Sale of property (Annie Holdings, LLC) west of Runway 10L
COMMISSION
ON ETHICS
Page 56
6C-1 Memorandum
of Understanding with Boca Raton Airport Authority to engage services of COE
COUNTY
ATTORNEY
Page 57
6D-1 Resolution relative to Housing Finance
Authority Multifamily Housing Revenue Debt Obligation (Colonial Lakes
Apartments project)
PUBLIC
SAFETY
Page 57
6E-1 Resolution
to dissolve Animal Care and Control Advisory Committee
HOUSING
& COMMUNITY DEVELOPMENT
Page 58
6F-1 Wavier
to CDBG Residential Rehabilitation Program for Preston and Juanita Boyce
WATER
UTILITIES
Page 58
6G-1 One
(1) year extension to all WUD Development Agreements and Renewal Agreements
ENGINEERING
& PUBLIC WORKS
Page 59
6H-1 Amendment No. 8 to County Incentive Grant
Program Agreement with FDOT relative to median beautification on Okeechobee
Boulevard (SR 7 to Florida Turnpike)
Page 60
6H-2 Contract with GLF Construction Corp. for
Ocean Avenue (Lantana) Bridge construction over ICWW
Page 61
6H-3 Fargo Avenue and El Paso Drive/Pancho Way/Pinto
Drive road improvement projects
SEPTEMBER 13, 2011
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Pages 62 - 63)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 64)
STAFF
COMMENTS (Page 65)
COMMISSIONER
COMMENTS (Page 66)
ADJOURNMENT (Page 66)
SEPTEMBER 13, 2011
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Literacy AmeriCorps
Members Swearing In Ceremony (Sponsored by Commissioner Vana)
2. Proclamation declaring September 24,
2011 as “Caribbean-American for Community Involvement Day” in Palm Beach
County. (Sponsored by Commissioner Santamaria)
3. Proclamation declaring October 1, 2011
as “Habilitation Center Day” in Palm Beach County. (Sponsored by Commissioner
Abrams)
4. Proclamation declaring September 2011
as “National Preparedness Month” in Palm Beach County. (Sponsored by
Commissioner Marcus)
5. Proclamation
declaring September 25 – October 2, 2011 as “National Hereditary Breast and
Ovarian Cancer Week” and September 28, 2011 as “National Previvor Day” in Palm
Beach County. (Sponsored by Commissioner Vana)
6. Proclamation declaring September 2011
as “Hunger Action Month” in Palm Beach County. (Sponsored by Commissioner
Abrams)
7. Proclamation declaring October 16, 2011
as “National Childhood Nutrition Day” in Palm Beach County. (Sponsored by
Commissioner Marcus)
8. Proclamation declaring October 2011 as
“Domestic Violence Awareness Month” in Palm Beach County. (Sponsored by
Commissioner Santamaria)
* * * * * * * * * * * *
SEPTEMBER 13, 2011
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Golf
Tournament Agreement with Trump International Golf Club, L.C. and Glades
Healthcare Foundation, Inc. for a one (1) day charitable golf tournament to be
held on October 31, 2011. Summary:
The Development Site Lease Agreement with the Trump International Golf Club,
L.C. (Trump), approved September 3, 1996 (R96-1277D), allows use of the golf
course during the months of May through October for the County to host either a
single two (2) day, or two (2) – one (1) day charitable golf
tournament(s). The Golf Tournament
Agreement provides for the Trump International Golf Club to be available
exclusively for the tournament to be held on October 31, 2011. Proceeds from
the golf tournament will benefit the Glades Healthcare Foundation, Inc. Countywide (AH)
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:
Meeting
Type Meeting Date
Environmental Control Board June 27, 2011
Workshop June 28, 2011
Joint Mtg w/Glades Area cities June 30, 2011
BCC Retreat June 30, 2011
Budget Workshop July 11, 2011
Workshop July 12, 2011
Child Care Facilities Board July 19, 2011
Environmental Control Board July 19, 2011
Regular July 19, 2011
Comp Plan July 26, 2011
Environmental Control Board July 28, 2011
Zoning July 28, 2011
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and other
items approved by the Contract Review Committee and by the department heads for
the Engineering Department; Facilities Development and Operations Department;
Water Utilities Department; Environmental Resources Management Department; and
the Department of Airports during June 2011.
Countywide
5. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during July 2011. Countywide
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
6. Staff recommends motion to receive and file: proof of publications “Unclaimed Monies” advertised by the Clerk & Comptroller of Palm Beach County. SUMMARY: Pursuant to Florida Statutes 116.21, the Clerk advertised certain unclaimed monies held which are subject to forfeiture to Palm Beach County. Florida Statutes 116.21 requires that the proof of publication “shall be filed and recorded in the minutes of the County Commission of such county.” Countywide (PFK)
7. Staff recommends motion to approve: destruction of the following Board of County Commissioners records, which have met the revised required State retention schedule:
Receipt/Revenue Records – FY 2002 thru FY 2004
Financial Reports – FY 1988 thru 2004
Bank Statements – FY 1988 thru 2004
SUMMARY: These records have met the required retention schedule of the Florida Division of Library and Information Services (Ch 28.30, Ch 257.36(6)). Countywide (PFK)
8. Staff recommends motion to receive and file: two (2) of Palm Beach County’s annual financial reports for fiscal year ended September 30, 2010:
A) The Units of Local Government – Annual Financial Report (AFR); and
B) Annual Financial Audit Report (AFAR), including the Single Audit Report.
SUMMARY: The Units of Local Government Report is an Annual Financial Report which serves to generate input to the state. The Annual Financial Audit Report is a special annual financial report defined in Chapter 10.550 of the rules of the Auditor General. This report is required to be filed annually with the Auditor General in compliance with Section 11.45 Florida Statutes and includes the Single Audit Report. Countywide (DN)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the Town of
Jupiter (Town) for the assessment of water main construction on 181st
Street North and 182nd Road North in the Limestone Creek area
(Project). SUMMARY: Approval of this Agreement will allow the Town to
proceed with the construction of the Project in the unincorporated area. The Town has agreed to advance the funds for
design and permits for the Project and will also fund the construction. Palm Beach County (County) has received a
positive response from a majority of the property owners on both streets,
indicating their willingness to be assessed 100% of the costs associated with
the water main. The County will assess
the property owners upon completion of the Project, over a 20 year period, and
transfer the collected funds to the Town.
District 1 (MRE)
2. Staff recommends
motion to approve: Supplemental
Agreement No. 10 to project agreement R2001-0270 in the amount of $113,734.17 with Wantman Group, Inc. (WGI) for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the
services necessary for the preparation of revised design plans for
Congress Avenue and Hypoluxo Road intersection improvements. WGI is a Palm Beach County company. District
3 (MRE)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff
recommends motion to adopt: a Resolution vacating a drainage easement
within Tract D, Boys and Girls Club Haverhill, recorded in Plat Book 113, Page
87, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of
this Resolution will eliminate a conflict and allow for the construction of a
buffer wall within the abandoned drainage easement. District
6 (MRE)
4. Staff recommends
motion to approve: Change Order No. 10 in the amount of $68,689.40 and
a 58 day time extension to Contract No. R2009-0261 with American Engineering
& Development Corp. for the Lyons Road from Glades Road to Yamato Road
contract. SUMMARY: Approval of Change
Order No. 10 will compensate for costs and delays associated with the
excavation of unanticipated cap rock from the proposed retention lake. Change Order No. 10 is being brought to the
Board of County Commissioners because the accumulated time extensions exceed
the maximum time of 90 days the Contract Review Committee can approve as
referenced in PPM-CWF-050. District 5 (MRE)
5. Staff
recommends motion to approve: a Palm Beach County (County) Deed in
favor of the Florida Department of Transportation (FDOT) for right-of-way on
Hooker Highway from State Road (SR) 715 east to SR-15. SUMMARY:
Approval of this item will allow a County Deed to FDOT for right-of-way
on Hooker Highway from SR-715 east to SR-15.
District 6 (MRE)
6. Staff
recommends motion to ratify: Change Order No. 13 (Change Order) in the
amount of $49,749.29 and a 20 day time extension to Contract No’s. 2000503 and
2000504 with Ranger Construction Industries, Inc., for construction of
Okeechobee Boulevard from Royal Palm Beach High School Entrance to east of
Florida’s Turnpike (Contract). SUMMARY: The
Change Order was for modifications to the storm sewer system. The Department
inadvertently failed to send the Change Order directly to the Board of County
Commissioners (Board) for approval.
Change Order No. 13 required approval by the Board, as stated in PPM
CW-F-050. Districts 2 & 6 (MRE)
7. DELETED
8. Staff
recommends motion to rescind: Resolution R87-916 and adopt a Resolution
to authorize the Palm Beach County (County) Administrator and/or his designees
to execute utility relocation agreements on behalf of the County for utilities
located within County right-of-way. SUMMARY:
Resolution R87-916 authorized the County Engineer or his designee to execute
utility relocation agreements on behalf of the County. Rescinding Resolution R87-916 and adopting a
new resolution will allow the use of an updated form of agreement for utility
relocations, and allow the County Administrator and/or his designees to execute
the agreement on behalf of the County. Countywide (MRE)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff
recommends motion to approve:
A) termination of the Secondary Annual Roadway
Landscaping Contract (R2011-0020), with Vila & Son Landscaping Corporation
(Vila); and
B) an Amendment to the Primary Annual
Roadway Landscaping Contract (Contract) No. 2011053 (R2011-0019), with Arazoza
Brothers Corporation (Contractor) to lower the unit prices on certain bid items
as detailed on Exhibit A of the Agenda Item.
SUMMARY: Approval
for termination of the Secondary Annual Roadway Landscaping Contract is
requested because Vila has ceased business operations. Approval of the Amendment to the Contract
will incorporate lower unit prices for several of the existing Contract bid
items that may be used in future task authorizations. There is no increase to the dollar value of
the Contract. The Contract includes furnishing and installing plant material
and irrigation systems within Palm Beach County. Countywide (MRE)
10. Staff recommends
motion to adopt: a Resolution
to enter into a Local Agency Program (LAP) Agreement FPN 423189-1-58-01 with
the Florida Department of Transportation to provide federal Safe Routes to
School (SRTS) funding for the construction of five (5) overhead mast arm school
zone flashers (Project). SUMMARY: Adoption of this Resolution
will allow Palm Beach County to receive $387,500 in federal grants to fund the
construction of overhead mast arm school zone flashers at five (5) elementary
school locations. The design work for this Project has been completed utilizing
$80,000 of the original federal SRTS grant.
This LAP agreement will expire on June 30, 2013. Districts 2, 3 &
5 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Amendment No. 14 to the Contract (R96-0714D) with Denise M. Nieman, County Attorney; providing for a term commencing October 1, 2011, through December 31, 2016, with optional renewal periods. SUMMARY: This Amendment provides for a straight term through December 31, 2016, with optional renewal periods, instead of an automatic annual renewal. The severance language has also been revised to comply with legislation enacted this past session. Countywide (DMN)
2. Staff recommends
motion to receive and file: the
official transcript for the closing of the $11,230,000 Palm Beach County,
Florida, Industrial Development Revenue Bonds (South Florida Fair Project –
Series 2010), as authorized by Resolution R2010-1158 adopted on July 20, 2010. The closing occurred August 27, 2010. SUMMARY: On July 20, 2010, the Board adopted Resolution No. R2010-1158
authorizing the issuance of the Bonds.
The closing occurred August 27, 2010.
The official transcript on
CD-ROM for this transaction has been provided.
This transcript should now be received and filed in the Minutes
Department. Countywide (PFK)
3. Staff recommends
motion to receive and file: the
official transcript for the closing of the $10,050,000 Palm Beach County,
Florida, Industrial Development Revenue Bonds (Jupiter Christian School Project
– Series 2011), as authorized by Resolution R2011-0691 adopted on May 3, 2011. The closing occurred May 9, 2011. SUMMARY: On May 3, 2011, the Board adopted Resolution No. R2011-0691
authorizing the issuance of the Bonds.
The closing occurred May 9, 2011.
The official transcript and
transcript on CD-ROM for this transaction have been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
4. Staff recommends
motion to receive and file: the
official transcript for the closing of the $30,691,407 Palm Beach County,
Florida, Revenue Improvement Bonds, Series 2011 (Ocean Avenue Lantana Bridge
and Max Planck Florida Corporation Projects), as authorized by Resolution
R2011-1099 adopted on July 19, 2011. The
closing occurred July 27, 2011. SUMMARY:
On July 19, 2011, the Board adopted Resolution No. R2011-1099
authorizing the issuance of the Bonds.
The closing occurred July 27, 2011.
The official transcript on
CD-ROM for this transaction has been provided.
This transcript should now be received and filed in the Minutes
Department. Countywide (PFK)
5. Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $65,000 in the personal injury action styled Eddie M. Rodriguez vs. Palm Tran, Inc., Case No. 502010CA027707XXXXMB AF. SUMMARY: Plaintiff was in a pedestrian-bus accident on December 17, 2008. Plaintiff alleges that when he exited the Palm Tran bus to retrieve his bicycle located on the front rack of the bus, the bus driver failed to keep the bus in the stopped position and began to move forward striking the plaintiff. Plaintiff was taken to the emergency room. He sustained injuries to both knees and his lower back and treated with several health care providers. Staff, including the Risk Management Roundtable Committee concur that this settlement is in the best interest of Palm Beach County. Countywide (SCL)
6. Staff recommends
motion to approve:
Agreement between Palm Beach County and Fisher & Phillips, L.L.P., for legal
services. SUMMARY: The County is currently defending an employment
discrimination lawsuit styled Sonia M. Giles v. Palm Beach County et.al.,
Case No. 50 2010 CA 02789 XXX MB AI, in the Fifteenth Circuit Court in and for
Palm Beach County, arising from disability discrimination and retaliation
claims brought by a Head Start worker against the County and the worker’s
former supervisor, Dennis Sloat. The County Attorney’s Office handled
defense of the case at the initial pleadings stage for both the County and the
individual defendant. However, the case has progressed to a stage where it
believes that joint defense of both the County and the individual defendant
would represent a conflict of interest on the part of the County Attorney’s
Office. Therefore, outside counsel for the individual defendant is
required. The proposed agreement has a not-to-exceed amount of $90,000
for attorney’s fees and $5,000 for costs, for a total not-to-exceed amount of
$95,000. Countywide (ATP)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A)
ratify the signature
of the Chair on the FY 2011-2012 State of Florida Department of Children and
Families (DCF) Homeless Challenge Grant Application;
B) delegate authority to the County Administrator or his designee to
sign the State of Florida DCF contract for the Homeless Challenge Grant; and
C) delegate authority to the County Administrator or his designee to
sign the contracts with Adopt-A-Family of the Palm Beaches, Inc., Coalition for
Independent Living Options, Inc., and Faith, Hope, Love Charity, Inc. for no
more than a one (1) year period to end June 30, 2012, for the maximum cumulative
amount of $100,000.
Summary:
The Division of Human Services is applying for funding to provide Homeless
Prevention Services through the FY 2011-2012 Homeless Challenge Grant. DCF will
allocate funds based on the applicant’s score up to a maximum of $100,000. Upon
receipt of a grant award, the County will contract with service providers as
follows:
|
Level 1 Award $100,000 |
Level 2 Award $63,397 |
Applicant Agency |
Type of Service |
Level 1 # to be Served |
Level 2 # to be Served |
|
$33,334 |
$21,133 |
Adopt-A-Family of the
Palm Beaches, Inc. |
Homeless Prevention |
50 |
30 |
|
$33,333 |
$21,132 |
Coalition for Independent
Living Options, Inc |
Homeless Prevention |
50 |
30 |
|
$33,333 |
$21,132 |
Faith, Hope, Love,
Charity, Inc. |
Homeless Prevention |
50 |
40 |
Should the funding level be below the maximum, the allocations would be
reduced to amounts agreed to in advance amongst the providers. The emergency signature process was utilized because there
wasn’t sufficient time to submit the application through the regular BCC agenda
process and meet the return deadline. Two (2) staff members of the
Coalition for Independent Living Options, Inc. serve on different County
Advisory Boards. Genevieve Cousminer, Esq., Executive Director, serves on the
Emergency Shelter Grants Program Advisory Board, and Maite Reyes-Coles,
Coordinator of Independent Living Services, serves on the Commission on
Affordable Housing. These Boards provide no regulation, oversight, management,
or policy-setting recommendations regarding the State of Florida DCF Homeless
Challenge Grant contracts. Disclosure of
these contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Sect. 2-443, of the Palm Beach
County Code of Ethics. No local match is required by the County for this grant.
(Human Services) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff
recommends motion to:
A) receive
and file the Phase 29 Emergency Food and Shelter Program (EFSP) Award
Letter; and
B) approve a Budget Amendment of $59,219
in the General Fund, to reconcile the Human Service’s EFSP budget to the actual
grant award.
Summary: The Division received a Phase 29
EFSP award of $219,219, for the time period of January 1, 2011, through
December 31, 2011. A budget amendment of $59,219 is needed to align the County
budget with the additional grant allocation. No match is required for these
funds. (Human Services) Countywide
(TKF)
3. Staff recommends
motion to approve: Amendment
No. 2 to the Contract for Provision of Financial Assistance with The Center for
Family Services of Palm Beach County, Inc. (R2010-1635), extending the end date
to January 31, 2012 and increasing the agreement amount by $40,838, for a new
total contract amount not to exceed $213,352, for emergency shelter services to
homeless persons. Summary:
The Division of Human Services is
contracting with The Center for Family Services to coordinate emergency
after-hours shelter placement, food, transportation and case management until
alternate arrangements can be made. The Center for Family Services has
confirmed anticipating complete expenditure of the amended contract amount of
$172,514 by September 30, 2011; the extension and additional funds are to
ensure that these services are available until the Homeless Resource Center is
operational. These are ad valorem funds budgeted for contract services. (Human
Services) Countywide (TKF)
4. Staff recommends
motion to approve: Contract
with Gulfstream Goodwill Industries, Inc., for the period October 1, 2011,
through September 30, 2012, in an amount not to exceed $34,005, for supportive services
to homeless persons. Summary:
Gulfstream Goodwill Industries, Inc. will
provide case management services to 30 homeless individuals through the
Transitional Housing program, Project SUCCESS (Start Ultimate Challenge, Choose
Empowerment, Self-Sufficiency). Case management services are a vital link to
meet the needs of the homeless individual to overcome the numerous barriers
that have led to their homelessness. A
total of $34,005 in County funds is included in the proposed FY 2012 budget.
(Human Services) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff
recommends motion to approve: Contract with Jerome Golden Center for Behavioral Health, Inc. (Golden
Center), for the period of October 1, 2011, through September 30, 2012, in an
amount not to exceed $73,318, for services to homeless individuals. Summary: Golden Center will provide supportive services
through the Homeless Assertive Community Treatment Team to include case
management, employment counseling, medication management, benefits counseling,
peer counseling and group counseling. These services are provided to homeless
individuals who are severely mentally ill or dually diagnosed and have been
placed in permanent housing through the Housing and Urban Development (HUD)
Shelter Plus Care grant programs. A
total of $73,318 in County funds is included in the proposed FY 2012 budget.
Employees Dr. Linda DePiano, Chief Executive Officer and Thomas McKissack of
the Golden Center, serve on County Advisory Boards, the Criminal Justice,
Mental Health, and Substance Abuse Planning Council and the Palm Beach County
HIV Care Council, respectively. These
Boards provide no regulation, oversight, management, or policy-setting
recommendations regarding the Homeless Assertive Community Treatment Team
activities funded by this Contract. Disclosure of these contractual
relationships at a duly noticed public meeting is being provided in accordance
with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.
(Human Services) Countywide (TKF)
6. Staff recommends
motion to approve: Consulting/Professional Services Contracts
with Marriage & Family, Inc., for the period of October 1, 2011, through
September 30, 2012, for the following amounts:
A) $4,500
for Head Start Expansion services;
B)
$16,000 for Early Head Start services; and
C) $30,000
for Head Start services.
Summary: The Division of Head Start has received funds
from the Department of Health and Human Services (HHS) to provide mental health
services. As a result, Head Start is
contracting with Marriage & Family, Inc. to provide mental health services
to Head Start and Early Head Start children. The contracts are funded through a
combination of Federal grant and County funds. (Head Start) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to ratify the Chair’s signature on:
A) Child Care Food Program (CCFP) Permanent Contract;
B) 2011-2012
Budget in the amount of $1,520,755
for catered meals served to Head Start/Early Head Start children;
C) Annual
Information Update and Certification; and
D) the Child Care Food Program Delegation of
Signing Authority document, authorizing the Department of Community Services
Director to sign program documents required by the Department of Health (DOH).
Summary: This
Contract will enable the Head Start Program to participate in the FY 2011-2012
Child Care Food Program (CCFP) by providing 1010 infants, toddlers and children
with breakfast, lunch, and a snack each day.
Due to the Healthy Hunger Free Kids Act (the Act), there will no longer
be an annual CCFP contract renewal. The Act requires a permanent contract, which
will be subject to changes as needed through contract amendment procedures. The
Annual Update and Certification Form is a requirement of the Act and is
necessary to update any previously submitted CCFP materials. The Delegation of
Signing Authority form will allow one representative, other than the Chair, to
sign any additional forms from the DOH during the contract period. The
projected earnings for FY 2011-2012 are based on a reconfigured food service
process to be a more accountable system. Head Start staff projects
reimbursement of $1,286,724 from the Florida Department of Health (DOH). The emergency signature process was utilized because there
wasn’t sufficient time to submit the documents through the regular BCC agenda
process and meet the return deadline. County support of $234,031 is
required for a total amount of $1,520,755 to serve meals to Head Start and
Early Head Start children. The County funds are included in the proposed FY
2012 budget. (Head Start) Countywide (TKF)
8. Staff recommends
motion to ratify the Chair’s signature on:
A) Agreement with the State of Florida, Department of Community Affairs, for the period of October 1, 2011, through September 30, 2012, in an amount not-to-exceed $654,024, for FY 2011-2012 Community Services Block Grant (CSBG); and
B) Modification No. 1 of the Low Income Home Energy Assistance Program (LIHEAP) Grant (R2011-0488), for the period of April 1, 2011, through March 31, 2012 in the amount of $5,568,796.
Summary: The FY 2011-2012 CSBG will provide a range of services to low-income households in Palm Beach County that enables families to become self-sufficient. CSBG funds will help stabilize low income families through assistance with utility, shelter, transportation, and child care costs. It will also support assistance to low-income persons seeking to gain or maintain employment. A 20% County required match of $109,004 is included in the FY 2011-2012 CSBG budget. This year, CSBG federal funding has been reduced by 50% and subsequently, 11 positions are being eliminated in the FY 2012 budget. The loss of the CSBG staff positions will necessitate the addition of five (5) LIHEAP staff positions to ensure that the LIHEAP grant funds are expended. These positions are paid by the grant and are included in the proposed FY 2012 budget. The addition of the positions under the LIHEAP will help minimize the direct client service delivery impact and reduce the number of people separated from employment. The positions will be eliminated in the future if the LIHEAP funding is reduced or withdrawn. The emergency signature process was utilized because there wasn’t sufficient time to submit the applications through the regular BCC agenda process and meet the return deadline. No County funds are required for the LIHEAP program. (Community Action Program) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
9. Staff recommends
motion to approve: Standard
Agreement No. IZ011-9500 for Alzheimer’s Disease Initiative (ADI) with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1,
2011, through June 30, 2012, in an amount not-to-exceed $230,810 for services
to seniors and their caregivers. Summary: This Agreement allows DOSS to provide case management,
in-home respite and facility-based respite, which are funded with $230,810 in
State funds, $132,329 in additional County funds and $2,195 in Program Income
funds. Funding is available in FY 2011
budget to meet County obligations. Additional
County funding required to meet FY 2012 obligations is included in the proposed
FY 2012 budget. Jaime Estremera-Fitzgerald of the AAA serves on a County Advisory
Board, the Criminal Justice, Mental Health & Substance Abuse Planning
Council. The Board provides no
regulation, oversight, management, or policy-setting recommendations regarding
the AAA contract. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of
Ethics. In the area south of Hypoluxo
Road, The Volen Center, Inc. provides services under a similar AAA grant.
(DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of
Hypoluxo Road (TKF)
10. Staff recommends motion to approve: Standard Agreement No. IH011-9500 for Home Care for the Elderly (HCE) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1, 2011 through June 30, 2012, in an amount not-to-exceed $137,826 for services to seniors and their caregivers. Summary: This Agreement allows DOSS to provide case management to seniors and subsidies to caregivers, which are funded with $137,826 in State funds and $53,502 in additional County funds. Funding is available in the FY 2011 budget to meet County obligations. Additional County funding required to meet FY 2012 obligations is included in the proposed FY 2012 budget. Jaime Estremera-Fitzgerald of the AAA serves on a County Advisory Board, the Criminal Justice, Mental Health & Substance Abuse Planning Council. The Board provides no regulation, oversight, management, or policy-setting recommendations regarding the AAA contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. In the area south of Hypoluxo Road, The Volen Center, Inc. provides services under a similar AAA grant. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
11. Staff recommends
motion to approve: Standard
Agreement No. IC011-9500 for Community Care for the Elderly (CCE) with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1,
2011 through June 30, 2012, in an amount not-to-exceed $1,022,684 for services
to seniors. Summary: This agreement allows DOSS to provide in-home
services, which are funded with $1,022,684 in State funds, $113,631 in County
required funds, $406,571 in additional County funds, and $29,557 in Program
Income funds. Funding is available in
the FY 2011 budget to meet County obligations. County match and additional
funding required to meet FY 2012 obligations is included in the proposed FY 2012
budget. Jaime Estremera-Fitzgerald of the AAA serves on a County Advisory
Board, the Criminal Justice, Mental Health & Substance Abuse Planning
Council. The Board provides no
regulation, oversight, management, or policy-setting recommendations regarding
the AAA contract. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of
Ethics. In the area south of Hypoluxo
Road, The Volen Center, Inc. provides services under a similar AAA grant. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
12. Staff recommends
motion to approve:
A)
Standard Agreement No. IR011-9500 for Respite for Elders Living in
Everyday Families (RELIEF) with the Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA) for the period July 1, 2011, through June 30, 2012, in an
amount not-to-exceed $96,266 for services to seniors; and
B) Budget Amendment of $4,593 in the DOSS
Administration Fund to reconcile the FY 2012 budget.
Summary: This Agreement allows DOSS to provide
in-home respite by trained volunteers, specifically evening and weekend
respite. Under this Agreement, DOSS will
directly provide 13,278 volunteer service hours at a unit reimbursement rate of
$7.25 for each hour of in-home respite and training provided to the
volunteers. RELIEF services are funded
with $96,266 in State funds and $41,929 in additional County funds. Funding is available in the FY 2011 budget to
meet County obligations. Additional County funding required to meet FY 2012
obligations is included in the proposed FY 2012 budget. Jaime Estremera-Fitzgerald of the AAA serves on a County Advisory Board, the Criminal Justice,
Mental Health & Substance Abuse Planning Council. The Board provides no
regulation, oversight, management, or policy-setting recommendations regarding the
AAA contract. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of
Ethics. In the area south of Hypoluxo Road, The Volen
Center, Inc. provides services under a similar AAA grant. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
13. Staff
recommends motion to approve: Amendment No. 1 to the Contract for Provision of Financial Assistance
with Governor’s Council for Community Health Partnerships, Inc. (R2011-0607),
for the period of May 1, 2011, through September 30, 2011, increasing the
contract amount by $20,000, for a new not to exceed total amount of $467,365,
for Summer Camp Scholarships. Summary: The Summer Camp Scholarship Program pays full
tuition and associated fees for eligible children to attend day camp during the
summer months. Governor’s Council for Community Health Partnerships, Inc.
(GCCHP) processes payments to the specific summer camp providers based on
invoices from PBC Division of Human Services. The initial contract amount of $447,365
has been expended to fund summer camp scholarships for eligible children. GCCHP
has the need to fund the cost of children placed in alternate summer camp sites
when an approved camp accommodating 44 scholarship children closed unexpectedly
without meeting its contract obligations.
The County Attorney’s Office is working with the GCCHP to recover funds
prepaid to the camp. The cost for this Amendment
is from unexpended Division funds. (Human
Services) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
14. Staff
recommends motion to:
A) receive and file Grant Award Letter from Department of
Health & Human Services, for the period of March 1, 2011, through February
29, 2012, in the amount of $7,956,788;
B) receive and file Amendment No. 1 to Comprehensive AIDS
Program, Inc. (R2011-0468) to increase Health Insurance Continuation by $50,000
for a new not to exceed total of $1,189,036;
C) approve a Budget Amendment of $4,427,485 in the Ryan White Program Fund to reconcile
the budget with the grant award; and
D) approve ten (10) amendments to the
Ryan White Part A HIV Health Support Services Contracts (Formula) to extend the
contract end period to February 29, 2012, clarify payment terms, and increase
the total contract amounts as listed for Ryan White Part A Treatment Extension
Act of 2009 HIV Emergency Relief Formula
funds:
1) Amendment No. 1 to Compass,
Inc. (R2011-0467) increase by $171,806 for a new not to exceed total of
$343,614;
2) Amendment No. 2 to Comprehensive AIDS Program, Inc. (R2011-0468)
increase by $701,078 for a new not to exceed total of $1,239,036;
3) Amendment No. 1 to Comprehensive Community Care Network, Inc. DBA
Foundcare (R2011-0469) increase by $305,132 for a new not to exceed total of
$608,619;
4) Amendment No. 1 to Jerome
Golden Center for Behavioral Health, Inc. (R2011-0474) to recognize agency’s
name change;
5) Amendment No. 1 to Legal Aid Society of Palm Beach County, Inc.
(R2011-0472) increase by $89,560 for a new not to exceed total of $179,121;
6) Amendment No. 1 to Minority Development and Empowerment, Inc.
(R2011-0473) increase by $71,626 for a new not to exceed total of $143,252;
7) Amendment No. 1 to Palm Beach County Health Department (R2011-0475)
increase by $820,869 for a new not to exceed total of $1,641,740;
8) Amendment No. 1 to Treasure Coast Health Council, Inc. (R2011-0476)
increase by $254,572 for a new not to exceed total of $509,146;
9) Amendment No. 1 to Treasure Coast Health Council, Inc. (R2011-0477)
increase by $53,000 for a new not to exceed total of $103,000;
10) Amendment No. 1 to Treasure Coast Health Council, Inc. (R2011-0478)
increase by $20,000 for a new not to exceed total of $40,000.
Summary: The amendment that was signed by the County Administrator in accordance
with the Resolution (R2010-1074) has been fully executed, returned and requires
submission to the Clerk’s office for filling. In addition, a second award has
been received from the Department of Health and Human Services Health Resources
and Services Administration (HRSA), which includes a total of $7,956,788. The
original Notice of Grant Award from HRSA was received on February 16,
2011. The grant award is being received
in multiple disbursements this year. The
10 amendments listed represent part of the balance of the total funding and the
dates of the contracts are being amended to reflect a 12 month contract term
versus a six (6) month contract.
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
14. SUMMARY CONTINUED
Employees Nicole Leidesdorf of Compass, Inc., Sha’Wanda Manuel of
Comprehensive AIDS Program, Rosalyn Collins of Gratitude House, Inc., Kimberly
Rommel-Enright and Vicki Tucci of Legal Aid Society of Palm Beach County, Inc.,
and Marlinda Jefferson of Minority Development and Empowerment, Inc. serve on a
County Advisory Board, the HIV CARE Council.
Employee Mickale Linton of Legal Aid Society of Palm Beach County, Inc.
serves on a County Advisory Board, the Head Start-Early Head Start Policy
Council. These boards provide no
regulation, oversight, management, or policy-setting recommendations regarding
the agency contracts listed above.
Disclosure of these contractual relationships at a duly noticed public
meeting is being provided in accordance with the provisions of Sect. 2-443, of
the Palm Beach County Code of Ethics. A budget amendment is necessary to align
the budget with the award. No County funds are required. (Ryan White)
Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution approving a parking discount
program at Palm Beach International Airport (PBIA); authorizing the County Administrator
or his designee to determine promotional flight eligibility, promotional
period, and group travel discounts; and providing an effective date. SUMMARY: The
Resolution provides for a parking discount to customers flying on designated
promotional flights from PBIA.
Promotional flights include two (2) categories: new air service and
group travel. New air service includes
new non-stop flights to any market not currently served on a non-stop basis or
flights where seasonal service is being extended. New air service promotions will consist of a
$20 parking discount over a 90 day promotional period, meaning that any
customer on a promoted flight during the promotional period can receive up to
$20 off parking. The customer must
present a valid driver license and flight documentation for the discount. Group travel, such as school trips, athletic
groups, or clubs, will have flexible parking discounts depending on the nature
of the group, therefore the discount level will be established by the County
Administrator or his designee. To be eligible,
groups must be pre-approved prior to travel to determine the discount package
and make the proper arrangements to accommodate the group. The Department of Airports and Convention and
Visitors Bureau will advertise the program to allow the public to take
advantage of the savings, promote new flights, and promote group sales
benefits. The concept of the parking
discount program was approved by the Aviation and Airports Advisory Board
during the meeting of June 16, 2011. For new service promotions, the estimated
amount of parking revenue discounted is $125,000 per 90 day promotional period;
group travel discounts will likely be anywhere from $100 to $1,000 per
trip. The Department will also incur
advertising costs to promote the savings program and the new flights. This program only involves Airport revenues
and has no impact to the General Fund or ad valorem revenues. Countywide
(AH)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: a list of twelve (12)
charitable organizations to benefit from the proceeds (coins) from the fountain
at Palm Beach International Airport during the period October 1, 2011, through
September 30, 2012. SUMMARY: On March 14, 1989, the Board approved the
concept of collecting contributions from the Airport’s fountain on a monthly
basis and contributing the funds to a different charitable organization
recommended by the Community Services Department and approved by the Board. The Department of Airports recommends the
non-profit organizations listed on Attachment “A” (of the Agenda Item) provided
by the Community Services Department to receive contributions for the
forthcoming fiscal year, commencing October 1, 2011. Average monthly
contributions for the past year have been approximately $100. In
addition, the list will be provided to Paradies-Palm Beach, LLC, the Airport’s
retail concessionaire, who will send the contribution from the fountain in its
gift shop areas along with an additional contribution of $250 to the
recommended recipients pursuant to its concession agreement. Countywide (AH)
3. Staff
recommends motion to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 2 with
the Florida Department of Transportation (FDOT) amending the original
project description to Southside Hangar Development and Infrastructure at Palm
Beach County Park Airport. SUMMARY: On June
29, 2010, the Board of County Commissioners (BCC) 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.
On March 15, 2011, the BCC adopted a resolution approving SJPA Number 1
(R2011-0369) to include the E-Verify and scope of work language to the
JPA. SJPA Number 2 amends the original
project description to Southside Hangar Development and Infrastructure at Palm
Beach County Park Airport, with no increase in funding. Countywide (AH)
4. Staff recommends
motion to approve: Amendment No.
1 to the contract with CTR Systems Parking, Inc. for the Parking Access and
Revenue Control System (PARCS) Replacement Project at Palm Beach International
Airport (PBIA) for the inclusion of a Maintenance Agreement to the contract
with no increase in cost, and to include language regarding the Office of
Inspector General. SUMMARY: On February 5, 2008,
the Board approved the contract with CTR Systems Parking, Inc. for the PARCS
project at PBIA (R2008-0172) in the amount of $2,370,495. Change Orders 1-7
were approved for a net increase in the amount of $612,989. Approval
of Amendment No. 1, with no additional funding requested, will provide for a
Maintenance Agreement containing the terms and conditions for future
maintenance activities on the system, as well as adds language to the contract
regarding the Palm Beach County Office of Inspector General. CTR Systems Parking, Inc. is a Warrendale,
Pennsylvania based firm, with a local Florida office in Dania Beach, Florida
(Broward County). The Small Business
Enterprise (SBE) goal for this project was established at 15.00%. There is no SBE participation in this
Amendment. The total SBE participation to date is 18.85%.
Countywide (JCM)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve: the General Consulting Agreement with CH2M Hill,
Inc. for a term of two (2) years, with two (2) - one (1) year renewal options
in the amount of $1,521,708:
Level 1 Tasks Specific Projects for 2011 $ 1,160,717
Level 2 Tasks Annual Services for 2011 $ 110,991
Level 3 Tasks Misc. and Admin. Services for 2011 $ 250,000
for the performance of
professional planning and design services related to the approved Palm Beach
County Airports Capital Improvement Program.
SUMMARY: In order to carry out the approved Capital
Improvement Program for the County, the Department of Airports requires
professional planning and design engineering services. In accordance with Florida Statutes 287.055
and the Federal Aviation Administration's Advisory Circular 150/5100-14
(current edition), CH2M Hill, Inc. was competitively selected to provide these
services. The first agreement of a
potential multi-year contract in the amount of $1,521,708 will provide the
Department of Airports with the needed continuing professional services to
implement the approved Capital Improvement Program. The services identified and negotiated are as
follows: Level 1 Tasks – Palm Beach
International Airport (PBIA) Runway 10L-28R and Taxiway Rehabilitation,
Lighting and Electrical Upgrades and Stormwater Drainage Improvements; PBIA
Golfview Implementation Planning; Level 2 Tasks – 2012 Annual Environmental
Compliance Monitoring, Inspection and Training Services; Level 3 Tasks –
Miscellaneous Architectural, Engineering and Planning Consulting Services,
Miscellaneous Financial Consulting and Capital Programming, and Miscellaneous
Environmental Consulting Services. CH2M
Hill, Inc. is an Englewood, Colorado based firm, however, the majority of the
work to be completed in this Agreement will be completed and/or managed through
their Palm Beach Gardens, Florida office in conjunction with several Palm Beach
County-based subconsultants and firms.
Certain tasks performed during the term of this Contract will be
eligible for state and federal grant participation; as such, the proposed fee for these tasks has been/will
be verified in accordance with FAA Advisory Circular 150/5100-14C by use of an
Independent Fee Analysis conducted by a neutral third party firm (Ricondo &
Associates, Inc.). A Disadvantaged Business Enterprise (DBE) goal of
25% was set for this Contract. The DBE
participation for this Contract is 39.65%, which exceeds the established goal. Countywide (JCM)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve: Amendment No.
5 to the General Consulting Agreement with Ricondo & Associates, Inc. for
Consulting/Professional Services to modify the insurance requirements and to
exercise the first one (1) year renewal option for the continued performance of
professional planning and design services related to the approved Palm Beach
County Airports Capital Improvement Program, with no additional funding. SUMMARY:
The Consulting Agreement (R2009-1643)
with Ricondo & Associates, Inc. for general airport planning and design was
approved on October 6, 2009 in the amount of $1,723,324 in order to carry out
the approved Capital Improvement Programs for the County’s Airports. The agreement is for two (2) years with two
(2) - one (1) year renewal options.
Amendments 1-4 were approved for a net increase in the amount of $3,140,227.
Approval of Amendment No. 5
modifies the original insurance requirements to bring them in line with other
consultant agreements at the Airport, and will also allow the County, at its
sole discretion, to exercise the first one (1) year renewal option for the
continuation of services provided under this Agreement. Ricondo & Associates, Inc. is a Chicago,
Illinois based firm, however, the majority of the work to be completed in this
Agreement is done through their Miami, Florida office in conjunction with
several Palm Beach County-based subconsultants and firms. The Disadvantaged
Business Enterprise (DBE) goal for this project is established at 25.00%. DBE
participation to date is 12.64%. Due to a change in the certification status
of a participating DBE firm and to individual task assignments, DBE
participation has been less than originally anticipated. Upcoming design
projects and tasks are expected to provide increased opportunities for DBE
participation. Additional funds will not be requested until a corrective action
plan has been submitted to the Department of Airports, demonstrating how the
DBE goal will be achieved. Countywide
(JCM)
7. Staff recommends
motion to adopt: a Resolution establishing a standard form Terminal
Space Lease Agreement; authorizing the County Administrator or his designee to
execute the standard form Terminal Space Lease Agreement; and becoming
effective upon adoption. SUMMARY: The
Resolution establishes a new standard form Terminal Space Lease Agreement for
use in leasing space to non-airline tenants at the Palm Beach International
Airport (PBIA), and authorizes the County Administrator or his designee to
execute the standard form Terminal Lease Agreement on behalf of the Board. Countywide (AH)
8. Staff recommends
motion to approve:
A) Fourth Amendment to
Airport Ground Lease Agreement with Avis Rent A Car System, LLC, (Avis),
extending the term to September 30, 2016, for an initial annual rental in the
amount of $385,628.75; and
B) Fourth Amendment to
Airport Ground Lease Agreement with DTG Operations, Inc. (DTG), extending the
term to September 30, 2016, for an initial annual rental in the amount of
$339,021.50.
SUMMARY: The Airport Ground
Lease Agreements with Avis (R88-314) and DTG (R93-1267D) for on-airport rental
car facilities at the Palm Beach International Airport (PBIA) expire on
September 30, 2011. The facilities are used by Avis and DTG in support of
their rental car concession operations at PBIA. The amendments extend the term
of each lease through September 30, 2016, with one additional renewal option of
five (5) years. Rental is at the appraised value and will be adjusted
October 1, 2013. Countywide (HJF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to approve: an Agreement for Rental Car Lease and Concession,
commencing on October 1, 2011 and expiring on September 30, 2016, with one (1)
– two (2) year renewal option, for the operation of a rental car concession at
the Palm Beach International Airport (PBIA) with each of the following
companies:
A) Avis Rent A Car System, LLC (Avis), for an
initial Minimum Annual Guarantee (MAG) of $1,501,000 and facility rentals of
$73,910;
B) Budget Rent A Car System, Inc. (Budget),
for an initial MAG of $936,108 and facility rentals of $72,381;
C) DTG Operations, Inc., d/b/a Dollar Rent A
Car and Thrifty Car Rental (DTG), for an initial MAG of $1,201,463 and facility
rentals of $72,561;
D) Enterprise Leasing Company of Florida, LLC
(Enterprise), d/b/a Alamo Rent A Car, for an initial MAG of $1,039,087 and
facility rentals of $72,561;
E) Enterprise Leasing Company of Florida, LLC,
d/b/a Enterprise Rent-A-Car, for an initial MAG of $1,123,176 and facility
rentals of $72,561;
F) Enterprise Leasing Company of Florida, LLC,
d/b/a National Car Rental, for an initial MAG of $750,051 and facility rentals
of $28,607; and
G) The Hertz Corporation, d/b/a Hertz and
d/b/a Advantage Rent A Car (Hertz), for an initial MAG of $1,766,000 and
facility rentals of $73,820.
SUMMARY: On March 20, 2011, the
Department of Airports (DOA) issued Invitation for Bid No. PB 11-5 for seven (7)
rental car lease and concession agreements at PBIA. Responsive bids were
received on June 10, 2011, from the rental car companies listed above. The
agreements allow the companies to operate rental car concessions and to lease
reservation counter and office areas within the PBIA terminal building. The
Agreements require the companies to pay concession fees equal to the greater of
the MAG or ten percent (10%) of annual gross revenues. In addition, the
companies are required to pay facility rentals for the use of reservation
counter and office areas. The MAG is subject to adjustment annually based on
increases to the prior year’s gross revenues, and facility rentals are based on
standard terminal rental rates, which are adjusted annually in accordance with
the Airline-Airport Use and Lease Agreement (R2006-1906). Countywide (HJF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) Budget Amendment of $71,755,137 in the $62.775M Public Improvement
Revenue Refunding Bonds, Series 2011 (Convention Center Project) debt service
fund to budget bond proceeds, costs of issuance, payment to refunding bond
escrow agent and the transfer to Series 2011 Refunding Bonds debt service
reserve fund to set up the debt service reserve on the bonds; and
B) Budget Amendment of $5,701,875 in the $62.775M Public Improvement
Revenue Refunding Bonds, Series 2011 (Convention Center Project) debt service
reserve fund to record the transfer from the Series 2011 Refunding Bonds debt
service fund setting up the debt service reserve.
SUMMARY: On July 19, 2011, the Board authorized the
issuance of the Series 2011 Refunding Bonds for a current refunding of a
portion of the County’s Public Improvement Revenue Refunding Bonds, Series 2004
(Convention Center Project) and authorized the County Administrator to publish
through electronic means a summary Notice of Sale, receive bids pursuant to a
competitive sale of the bonds and award the sale of the bonds to the
responsible bidder offering the lowest true interest costs to the County. The County received the bids on August 18 and
awarded the sale of the Series 2011 Refunding Bonds to J. P. Morgan Securities
LLC at a true interest cost of 3.5456%.
These budget amendments set up the sale of the 2011 Refunding Bonds,
costs of issuance, payment to escrow agent and the debt service reserve. Countywide (PFK)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) a Budget Transfer of $1,785,906 within the
30.5M GO ‘03 Library Improvement Bond Fund from the Reserves to the Belle Glade
Library project;
B) a Budget Transfer of $2,039,657 within the
22.3M GO ‘06 Library District Improvement Bond Fund from the Reserves to the
Belle Glade Library project;
C) a Budget Transfer of $1,354,437 within the
Library Impact Fee Fund from the reserves to the Belle Glade Library project;
D) a Budget Transfer of $345,000 within the
Library Expansion Program from the Reserves to the Belle Glade Library project;
E) Amendment No. 9 to the contract
with The Weitz Company (R2007-1105) in the amount of $6,099,651 for
construction management services for the Belle Glade Library and Civic Center
project establishing a Guaranteed Maximum Price (GMP); conditioned on the
receipt of: 1) a grant extension, and 2) approval of the contract award
request; both from the Department of Community Affairs (DCA); and
F) Insurance premium provided under Palm Beach
County’s Master Builder’s Risk Program in an estimated amount not to exceed
$46,033.22.
SUMMARY:
The Board conceptually approved the reallocation of funds within three
(3) funding sources in support of this project. With these budget transfers,
the project is funded through the 30.5M GO ‘03 Bond Fund, the 22.3 M GO ‘06
Bond Fund, the Library Expansion Program Fund and Library Impact fees as well
as the Disaster Recovery Community Development Block Grant (CDBG). On May 18, 2010, the Board approved a
tri-party Inter-local Agreement with the City of Belle Glade and the School
Board of Palm Beach County allowing for the lease of 4.18 acres of property to
the County to develop a library and civic center. Amendment No. 9 establishes a GMP of
$6,099,651 and 413 calendar days for completion. The GMP includes the cost of
work, the construction manager’s fee and a contingency. The new library will be
17,000 square foot which includes a 3,100 square foot civic center space. The
Small Business Enterprise (SBE) goal for this Contract is 15%. The Weitz
Company’s SBE participation for this project is 41.1%. The Weitz Company is a Palm Beach County firm
and is using local subcontractors for 76% of the work which includes 21% for
Glades subcontractors. The award of
Amendment No. 9 is contingent on receipt of DCA approvals; both of which are
anticipated before the next scheduled Board meeting. (Capital Improvements
Division) District 6 (JM)
2. Staff recommends
motion to approve:
A) a Budget Transfer of $600,000 in the 30.5M
GO ‘03 Bond Fund from the Reserves to
the West Boynton Branch Renovation project; and
B) Amendment No. 10 to the contract with The
Weitz Company (R2007-1105) in the amount of $1,735,567 for construction
management services for the West Boynton Library renovation project
establishing a Guaranteed Maximum Price (GMP).
SUMMARY:
Amendment No. 10 establishes a GMP of $1,735,567 and 182 calendar days
for completion. The GMP includes the
cost of work, the construction manager’s fee and a contingency. The Small
Business Enterprise (SBE) goal for this contract is 15%. The Weitz Company’s SBE participation is
43%. This project is one of the projects
slated for the Library Expansion II program.
The project is funded through the 30.5 M GO ‘03 Bond Fund and the
Library Expansion Program Fund. The cost
is within the original project budget, but the budget transfer is necessary to
transfer the money to an expenditure line. (Capital Improvements Division) District
5 (JM)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Consulting
Services Authorization (CSA) No. 5 to contract with Saltz Michelson Architects,
Inc. (R2008-0378) in the amount of $119,549 for architectural and engineering
services related to the shell/build out of a portion the first floor space at
the Four Points Office Building. SUMMARY: CSA No. 5 will provide for the design,
permitting and construction administration services for the last phase of the
continuing improvements for the Four Points Office Building consisting of
relocating Information Systems Services (ISS) Platform and Enterprise Services
and Data Center from the Government Center.
This move will provide a hardened location for the Data Center as the
Four Points Office Building has been recently renovated to withstand 180 mph
winds. Relocating the Data Center will
secure the County’s network servers and provide redundant utilities and a higher
level of back-up power generation for this critical function. Funding for this project is from the Public
Building Improvement Fund. The Small
Business Enterprise (SBE) goal for this contract is 25%. Saltz Michelson is
providing 62% SBE participation. When
added to the Consultant’s participation to date, the resulting SBE
participation is 31.6%. Saltz Michelson Architects, Inc. is a Palm Beach County
firm. (Capital Improvements Division) District 2 (JM)
4. Staff recommends
motion to approve: Contract with The Gordian Group, Inc. for
consulting/professional services for the administration and maintenance of the
Job Order Contracting (JOC) system. SUMMARY:
This Contract provides the terms and conditions under which The Gordian Group,
Inc. will furnish professional consulting services to the County for the
continuation of the Job Order Contracting system. Payment for services rendered
will be made based on work awarded in the amount of 1.95% of the value or work
ordered utilizing the JOC system with a not to exceed limit of $400,000 for the
two (2) year period. There is no minimum guarantee in the contract, and the
consultants’ compensation is directly related to the success of the JOC program.
The scope of services to be provided includes JOC document development and
maintenance, JOC training for contractors and staff, implementation and
technical support, software customization and project management services. The
Gordian Group developed and is the sole provider of the PROGEN Software system
which is the basis of implementation of the JOC process. Based on research
conducted by Facilities Development and Operations Department staff, The
Gordian Group is the only firm that can provide the County with an owner
specific and owner focused JOC procurement system customized for the County’s
specific requirements. Duration of the
contract is for a two (2) year period with three (3) - one (1) year options for
renewal. The Gordian Group is based in
South Carolina. (Capital Improvements Division) Countywide (JM)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Amendment No. 11 to the contract with Hedrick
Brothers Construction (R2007-1506) in the amount of $249,063 for construction
management services for the South County Tax Collector site improvements
project establishing a Guaranteed Maximum Price (GMP). SUMMARY:
Amendment No. 11 established a GMP of $249,063 and 56 calendar days for
completion. The GMP includes the cost of
work, the construction manager’s fee and a contingency. On April 6, 2010, the Board approved
renovating the Tax Collector’s facilities at the South County Administrative
Complex to accommodate driver license services.
That work, which included an expanded parking area, was completed in
September 2010. Subsequent to opening of
the driver license services, the Tax Collector’s office has received a higher
visitation than expected, which has necessitated these revisions in order to
increase the safety, traffic flow and convenience of patrons visiting the
office. All improvements are within the
area currently allocated to the Tax Collector and do not further impact the
future redevelopment of the site for a public/private transit oriented
development, anchoring the City’s vision for the corridor. Plans specifically
include modified parking lot traffic circulation, additional handicap spaces as
well as fencing to secure the driver’s course. The project is funded by the Tax
Collector’s Office. The Small Business
Enterprise (SBE) goal for this contract is 15%.
Hedrick Brothers Construction’s SBE participation for this project is
19%. (Capital Improvements Division) District
7 (JM)
6. Staff recommends
motion to receive and file: Notification of the cumulative
total of change orders to The Weitz Company (R2010-2094) for the Main Library
Renovation project having exceeded the $250,000 reporting threshold. SUMMARY: In accordance with PPM
CW-F-050, when the cumulative value of changes approved by the Lead Department
and the Contract Review Committee exceeds $250,000, the Department is required
to notify the Board that it has exceeded this reporting threshold. With the approval of Change Order No. 10 in
the amount of $1,324 on August 17, 2011, by the Facilities Development and
Operations Department Director the cumulative value of changes for this project
exceeded $250,000. Change Order No. 10
provided for replacing a leaking pipe in an existing roof drain. This item
notifies the Board that the cumulative threshold has been reached. The Small Business Enterprise (SBE) goal for
this project is 15%. The cumulative SBE
participation on this contract is 40%. (Capital Improvements Division) District
2 (JM)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: seven (7) annual contracts for the construction of pavilions,
shelters, and sheds with the following pre-qualified contractors:
A)
Andrea Construction, Inc.
B) AWM
Construction, Inc.
C) Carrick Contracting Corporation
D) Fastrack Management & Consulting, Inc.
E) Playspace Services, Inc.
F) Robling Architecture Construction, Inc.
G) Joe Schmidt Construction, Inc.
SUMMARY: The work
consists of the construction of picnic pavilions, shelters, or storage sheds
and associated site improvements. These
continuing contracts are for one (1) year and are indefinite-quantity contracts
with maximum values of $499,999. Individual contracts will expire unless
renewed per the terms of the contract when a total of $499,999 in work orders
is issued against any combination of all contracts or when the one-year time
frame has expired, whichever occurs first.
These contracts provide for up to four (4) - one (1) year renewals, each
for a not-to-exceed amount of $499,999, at the sole option of the County. The work is to be awarded as work orders on a
lump-sum, competitively quoted basis among the pool of seven (7) general contractors. All contractors are Palm Beach County
companies with the exception of AWM Construction, Inc. and Playspace Services,
Inc. The goal for Small Business
Enterprise (SBE) participation is 15%.
When bids are received from the pre-qualified firms under this contract,
local and SBE preferences will be evaluated and applied at that time. (Capital Improvements Division) Countywide
(JM)
8. Staff
recommends motion to approve: a
First Amendment to Interlocal Agreement (R2008-1652) with the Town of Palm Beach Shores (Town) to extend
the term of the agreement to September 22, 2014. SUMMARY: The Interlocal Agreement which provides the
terms and conditions under which the Town receives radio equipment maintenance
services from the County will expire on September 22, 2011. The Interlocal Agreement provides for one (1)
renewal option for a period of three (3) years.
Both parties must approve the renewal option. The Town has approved the
renewal to extend the term of the Interlocal Agreement until September 22,
2014. The renewal now requires Board
approval. The terms of the agreement are standard and the maintenance rates are
consistent with those being charged to County Departments. The Interlocal
Agreement may be terminated by either party, with or without cause, with a
minimum of three (3) months notice. (ESS)
District 1/Countywide (JM)
9. Staff recommends
motion to approve: Cherry
Road Complex Plat in unincorporated West Palm Beach. SUMMARY:
The County acquired title to 19.62 acres on the north side of Cherry Road
between North Congress Avenue and North Military Trail in unincorporated West
Palm Beach from The King’s Academy, Inc. in January 2003. Two (2) buildings are
currently being used by the Sheriff’s Office on a permanent basis and there is
sufficient land to accommodate the remainder of the County’s warehouse and
light industrial facility requirements once capital funding is available. As a
condition of the previously approved rezoning, the property is required to be
platted. The County is signing the plat as the property owner. (PREM) District
2 (HJF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: a
Lease Agreement (Lease) with Wellington Regional Medical Center Incorporated, a
Florida corporation, (Landlord) for
lease of 400 SF of improved space within the Wellington Regional Hospital
Medical Center (Hospital) located at 10101 Forest Hill Boulevard in the Village
of Wellington for use as a forensic rape exam site (Center). SUMMARY: This Lease Agreement provides
for the use of approximately 400 square feet of space within the Hospital
through June 30, 2012, for the operation of a rape crisis exam center, together
with the non-exclusive use of the common areas and the exclusive use of three
(3) designated parking spaces. No County
owned properties are available for this purpose. After an extensive search, the Division of
Victim Services was able to locate this space, which would meet its unique
criteria. The initial term of the lease
is for ten (10) months, commencing retroactive to September 1, 2011. The County will pay a monthly rental fee of
$500. The Landlord is responsible for
all utility fees, maintenance, repairs, custodial, laundry services and hazardous
waste removal. The Landlord will make
all improvements required for the County’s use of the Center in the approximate
amount of $5,000 at Landlord’s sole cost and expense. Both parties have the right to terminate the
Lease Agreement for any reason whatsoever upon ninety (90) days notice to the
other party. (PREM) Countywide/District 6 (HJF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement with Aid to
Victims of Domestic Abuse, Inc. (AVDA) (R2010-1675) for an additional $5,244.21
in Emergency Shelter Grants Program (ESGP) funds changing the award from
$30,000 to $35,244.21 for the period October 1, 2010, to September 30, 2011. SUMMARY: Palm Beach County Housing and Community
Development staff has identified $5,244.21 in ESGP funds that are available for
reprogramming. These funds are derived
from unexpended ESGP funding awarded to five (5) of the 12 subrecepients during FY 2009-2010 and whose
Agreements with Palm Beach County
(County) expired on September 30, 2010.
The funds are recommended to be awarded to AVDA, a not-for-profit agency that provides emergency shelter to victims
of domestic abuse. AVDA has a current FY
2010-2011 ESGP Agreement with the County in which these additional funds will
be added. The ESGP Advisory Board is recommending this additional funding
allocation. These are Federal ESGP funds and the required program match will be
met by the agency. These are federal
Emergency Shelter Grants funds
that require no ad valorem match. (Planning
Section) Countywide (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: the
following five (5) Amendments to the Declaration of Restrictions with the
Village of Wellington:
A)
Amendment No. 001 to the Declaration of Restrictions - 1196 12th
Fairway, Wellington, FL (Parcel Control Number (PCN): 73-41-44-02-03-009-0123);
B)
Amendment No. 001 to the Declaration of Restrictions - 13657 Yarmouth
Ct., Wellington, FL (PCN: 73-41-44-09-02-071-0101);
C)
Amendment No. 001 to the Declaration of Restrictions - 1291 Periwinkle
Pl., Wellington, FL (PCN: 73-41-44-04-01-060-0403);
D)
Amendment No. 001 to the Declaration of Restrictions - 10485 Pelican
Dr., Wellington, FL (PCN: 73-41-44-12-12-000-1210); and
E)
Amendment No. 001 to the Declaration of Restrictions - 13571 Jonquil
Pl., Wellington, FL (PCN: 73-41-44-04-01-042-0060).
Summary: On May 15, 2010, Palm Beach County (County)
entered into an Agreement (R2010-1036) with the Village of Wellington to
provide $750,000 in Neighborhood Stabilization Program (NSP1) funds for the
acquisition and rehabilitation of five (5) housing units to be sold to income
qualified households. The Agreement was amended on August 17, 2010
(R2010-1283), to expand the purchasable eligible properties to include single
family units and townhouses; and further amended on March 15, 2011, to extend
the project completion date to December 31, 2011 (R2011-0398), and reduce the
Village of Wellington’s allocation to $680,141.30 (R2011-0399). NSP1 funding
used for the acquisition of these five (5) housing units was secured by a
Declaration of Restrictions executed by the Village of Wellington at the
closing for each home. The executed Declarations of Restrictions provided for a
date by which the Village of Wellington must sell these homes to income
qualified households approved by the County.
Delays associated with the properties rehabilitation and proposed
homeowners acquiring private mortgage financing will not enable the resale of
these homes by the designated date.
These Declarations of Restrictions currently have deadline dates which
will all expire prior to December 31, 2011.
These Amendments, whose approval is hereby requested, will extend the
designated dates until December 31, 2011, which is the current expiration date
of the Village of Wellington’s Agreement and allow the Village of Wellington
the additional time required to complete the sale of the acquired housing
units. These are federal Neighborhood Stabilization Program Grant funds that
require no local match. (CREIS) District 6 (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends
motion to receive and file: Inter-local Cooperation Agreements for the Urban County
Qualification for Participation in the Community Development Block Grant
Program for Fiscal Years 2012-2014:
A) an Inter-local
Cooperation Agreement with the City of Belle Glade;
B) an Inter-local
Cooperation Agreement with the City of Lake Worth;
C) an Inter-local
Cooperation Agreement with the Town of Cloud Lake;
D) an Inter-local
Cooperation Agreement with the Town of Lantana;
E) an Inter-local
Cooperation Agreement with the Town of Lake Clarke Shores;
F) an Inter-local
Cooperation Agreement with the Town of Loxahatchee
Groves;
G) an Inter-local
Cooperation Agreement with the City of Palm
Beach Gardens;
H) an Inter-local
Cooperation Agreement with the Town of Palm Beach;
I) an Inter-local
Cooperation Agreement with the Village of Tequesta;
J) an Inter-local
Cooperation Agreement with the Village of Palm Springs;
K) an Inter-local
Cooperation Agreement with the Town of Gulf Stream;
L) an Inter-local
Cooperation Agreement with the Town of Jupiter Inlet Colony;
M) an Inter-local
Cooperation Agreement with the Town of Juno Beach; and
N) an Inter-local
Cooperation Agreement with the Town of Manalapan.
Summary: In
accordance with County PPM CW-0-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The Inter-Local Cooperation Agreements have been fully executed on
behalf of the Board of County Commissioners (Board) by the Board Chair in
accordance with Agenda Item
R2011-0922 approved by the Board on June 21, 2011. The Agreements are now being submitted to
the Board to receive and file. (Planning Section) Countywide
(TKF)
4. Staff recommends
motion to approve:
Amendment No. 001 to an Agreement (R2010-2006) with the Town of Mangonia Park
to extend the expiration date from September 30, 2011, to July 31, 2012. Summary: This Amendment provides an extension of ten
(10) months to the term of the existing Agreement between Palm Beach County
(County) and the Town of Mangonia Park (Town) in which $81,107 was awarded to
the Town for the renovation of its community center located at 5000 South
Australian Avenue, Mangonia Park. The Amendment also incorporates an
anticipated time table of performance benchmarks in order to complete the
project by the extended deadline. These
are federal Community Development Block Grant funds that require no local
match. (HCD Contract Development) District 7 (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends
motion to approve:
Amendment No. 001 to an Agreement (R2010-1698) with the City of South Bay
(City) extending the contract expiration date to September 30, 2012, and reducing
the amount of funding to $30,000. SUMMARY: This proposed Amendment extends the
expiration date of the existing Agreement between Palm Beach County (County)
and the City from September 30, 2011 to September 30, 2012. This Amendment also
reduces the amount of Community Development Block Grant (CDBG) funding from
$43,448 to $30,000 to be disbursed at a rate of $10,000 for each housing unit
rehabilitated versus the previous rate of $9,445 per unit rehabilitated. The required number of completed rehabilitation
cases will thusly be reduced from four (4) to three (3) due to the City’s
increased administrative costs associated with the CDBG Rehabilitation Program.
Due to the overwhelming need for housing rehabilitation in the City and the
high cost of undertaking the rehabilitation of residential properties, the City
also chooses to eliminate demolition as an activity to be undertaken with its
CDBG allocation. These are federal CDBG Grant funds which require no local
match. (Planning Section) District 6 (TKF)
6. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, amending the prior Resolution (R2008-2154), and authorizing the County
Administrator, or his designee, to execute Standard Forms 424, Certifications,
subrecipient agreements and amendments thereto, and all other documents related
to the implementation of the Neighborhood Stabilization Program (NSP-1). Summary: On November 18, 2008, the BCC adopted
Resolution R2008-2154, which established the authority of the County
Administrator or his designee to sign the NSP-1 Grant Application and Request
for Release of Funds. In order to meet strict deadlines imposed by the United
States Department of Housing and Urban Development (HUD) and for the timely
expenditure of the funds under the NSP-1 Program, the BCC is being requested to
authorize the County Administrator, or his designee, to sign the aforementioned
documents, and any other HUD required documents. The Department of Housing and
Community Development will act in accordance with County PPM CW-O-051 and
submit a receive and file agenda item for all delegated subrecipient
agreements, amendments, and HUD forms. (HCD Contract Development) Countywide
(TKF)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed
Agreements received during the months of June and July 2011:
A) Standard
Indemnity Agreement with Arrigo Enterprises, Inc.; SDA No. 01-00594-002
(District 2);
B) Standard Water and Wastewater Development Agreement
with Legend Lakes Center 18, LLC; SDA No. 02-01124-001 (District 6);
C) Standard Water
and Wastewater Development Agreement with Mission Lakes I & II, LLC; SDA No.
02-01127-000 (District 2); and
D) Standard Water
and Wastewater Development Agreement with Civic Development Group, LLC; SDA No.
05-01108-000 (District 3).
Summary: In accordance with
County PPM CW-0-051, all delegated contracts/agreements/ grants/procurement
items must be submitted by the initiating Department as a receive and file
agenda item. The Standard Development
Agreement and Indemnity Agreements have been fully executed on behalf of the Board
of County Commissioners (Board) by the County Administrator/Director/Deputy
Director of the Water Utilities Department in accordance with Resolutions
R93-1619, R96-0228, and R2003-0539 and are now being submitted to the Board to
receive and file. (SF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff
recommends motion to approve: Work
Authorization No. 25 to the Contract for Optimization and Improvements
Design-Build Services with Globaltech, Inc. (R2008-2323) for Water Treatment
Plant No. 3 Ground Water Rule Improvements in the amount of $298,000. Summary: On December 16, 2008, the Board of County
Commissioners approved the Water Utilities Department Optimization and
Improvements Design/Build Services with
Globaltech, Inc. (R2008-2323). Work Authorization No. 25 with
Globaltech, Inc. provides design/build services for improvements to Water
Treatment Plant 3 to meet the requirements of the new Ground Water Rule. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Globaltech, Inc. provides for SBE
participation of 75% overall. This
Authorization includes 83.23% overall participation. The cumulative SBE participation,
including this Work Authorization, is 73.81% overall. Globaltech, Inc. is a
local Palm Beach County Company. (WUD Project No. 10-034) District 5
(JM)
3. Staff recommends
motion to approve: Supplement No. 2 to Work Authorization No. 4 in the
amount of $14,159.65 to the Contract with Sheltra & Son Construction Co., Inc. (R2009-0944)
for the 16" Water & Force Main Aerial Crossing at Lucerne Lakes LWDD
L-14 Canal and increasing the contract time by 120 days. Summary: On June 2, 2009,
the Board of County Commissioners approved the Continuing Construction Contract
with Sheltra & Son
Construction Co., Inc. (R2009-0944).
Supplement No. 2 to Work Authorization No. 4 authorizes the Contractor
additional time in the scope of work of the Lucerne Lakes Project. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
is 15% overall. This Supplement includes zero (0) SBE participation. The
Contract with Sheltra & Son
Construction Co., Inc. provides for SBE participation of 15%. The cumulative
SBE participation, including this Supplement, is 21.41% overall. Sheltra & Son Construction Co.,
Inc. is a Palm Beach County Company. (WUD Project No. 08-056) District 2
(JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to approve: Contract
with The Murphy Construction Co. in the amount of $983,944.70 for construction
of the Jupiter Ridge Erosion Control Project No. 2011ERM04 for a period of 180
calendar days. SUMMARY: This Project will provide for
construction of 23 limestone breakwaters on submerged lands to protect and
stabilize shoreline habitat from erosive wave activity caused by boat wakes
around the Jupiter Ridge Natural Area in the Intracoastal Waterway. Nine (9) bids were received for this
Project. The Murphy Construction Co., a
Palm Beach County company, was the lowest responsive, responsible bidder with a
bid that exceeds the established 15% Small Business Enterprise (SBE) goal with
16.75% participation. Funding for this Project includes a $500,000 award from
the Florida Inland Navigation District (R2011-0145) and matching funds from the
Manatee Protection Program. District 1 (JM)
2. DELETED
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to approve: a Termination of Easement, which will terminate a
duplicate 1.5 acre Conservation Easement at the Whispering Woods Subdivision. SUMMARY:
On January 13, 2005,
Tuttle Land Holding Corp. executed a 1.5 acre Conservation Easement in favor of
the County within the Whispering Woods PUD.
On June 16, 2005, Shelby Homes executed a duplicative Conservation
Easement in favor of the County to the same property. The dedication of the preserve area was
required as a condition of approval for Resolution No. R2004-2034. Due to a miscommunication between the Tuttle
Land Holdings, the original developer, and Shelby Homes, the purchaser, two (2)
conservation easements were recorded over the same preserve. At the request of
Shelby Homes’ successor, D.R. Horton, Inc., the conservation easement executed
by Tuttle Land Holdings will be released leaving only the easement executed by
Shelby Homes. District 6 (SF)
4. Staff recommends
motion to:
A)
approve Contract with the
Sea to Shore Alliance, Inc. (a not-for-profit corporation) in an amount not to
exceed $84,040 for a boat speed
compliance study expiring March 31, 2013; and
B) authorize the County Administrator or his designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with the Contract, and necessary minor amendments that do not
change the scope of work or terms and conditions of the Contract.
SUMMARY: This study is needed to meet a requirement
of the 2007 Manatee Protection Plan (MPP) and will summarize boater use
patterns and evaluate compliance by boaters with waterway speed zones. Sea to Shore Alliance, Inc. (S2S) will
perform eight (8) surveys at six (6) locations over a one (1) year period and
perform analysis of aerial data of boat traffic collected for the Florida Fish
and Wildlife Commission in 2007. Results
will be compared to previous studies to determine changes in boat use patterns
and speed zone compliance. The results
will be used to determine whether changes to the MPP are necessary when it
undergoes formal review in 2014. The
Contract will be funded from the Manatee Protection allocation effective upon
execution by both parties and expires March 31, 2013. Countywide (SF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends motion to:
A) accept Cooperative Agreement L11AC 20221 with the
U.S. Bureau of Land Management (BLM) for management of the Jupiter Inlet
Lighthouse Outstanding Natural Area (JILONA), for a five (5) year period
commencing August 3, 2011 and ending September 30, 2016 in an amount not to exceed
$100,000 per year for a potential total of $500,000;
B) approve Budget Amendment of $100,000 in the Natural
Areas Fund to recognize the award for the first year; and
C) authorize the County Administrator, or his designee,
to sign all future time extensions, task assignments, certifications, and other
forms associated with this contract, and necessary minor amendments that do not
change the scope of work or terms and conditions of this contract.
SUMMARY: The
BLM Cooperative Agreement will provide $100,000 in funding for the management
of JILONA on a reimbursement basis. It is anticipated that Environmental
Resources Management (ERM) will receive a similar Cooperative Agreement with
BLM over the next five (5) years to receive this amount annually. This Agreement facilitates the joint
implementation of the Comprehensive Management Plan that was developed in
cooperation with ERM and other partners. No matching funds are required. A Land Stewardship Memorandum of Understanding
with the BLM to collaborate on the joint management of the Jupiter Inlet
Natural Area was approved on January 15, 2008 (R2008-0072). BLM does not
require a signature from the County. District 1 (SF)
6. Staff recommends
motion to approve: Task
Order No. 1297-02 to a continuing Contract (R2010-1297) with Olsen Associates,
Inc. (Olsen) in the amount of $428,804 for planning, design, and permitting of
the third nourishment of the Ocean Ridge Shore Protection Project. SUMMARY:
The Contract with Olsen, a Jacksonville, Florida company, was
approved on August 17, 2010 (R2010-1297).
Task Order 1297-01 was approved on October 5, 2010 and included
planning, borrow area development, and preliminary engineering and design of
the beach fill project. This Task Order
1297-02 authorizes Olsen to prepare, submit, and coordinate the Federal
Decision Document (Limited Reevaluation Report - LRR) as well as State and
Federal permits for the Ocean Ridge Shore Protection Project with a completion
date of December 15, 2012. The Task Order is funded by tourist
development taxes. State and Federal
funding agreements are also anticipated.
There is 22.9% Small Business Enterprise and Minority/Woman Business
Enterprise (SBE-M/WBE) sub-consultant participation on the Task Order. Olsen committed to an overall 38% SBE-M/WBE
participation in the Contract. Olsen has
achieved 25.2% cumulative SBE-M/WBE participation on the Contract including
this Task Order. District 4 (JM)
7. Staff recommends
motion to:
A) approve Joint Partnership Agreement (R2009-0864)
Amendment No.1 with the Florida Department of Transportation (FDOT) to expand
the mitigation construction area to include a location off of Bryant Park
within the City of Lake Worth; and
B) adopt a Resolution to authorize entering into this
Agreement Amendment as a requirement of FDOT.
SUMMARY: Agreement (R2009-0864) Amendment No. 1 will
expand the size of the original mitigation project area to include a project
site located off of Bryant Park. Both
the original Snook Islands project location and the new Bryant Park site will
allow for additional mitigation credits to FDOT, while the not to exceed amount
of the original agreement remains the same. All costs for this effort are the
responsibility of FDOT. District 3
(SF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff recommends
motion to approve: Budget
Amendment of $384,063 in the Environmental Resources Capital Projects Fund,
reducing the award for State of Florida Department of Transportation Local
Agency Program Agreement (Agreement) for reimbursement of construction costs of
Bluegill Trail from Riverbend Park to Sandhill Crane Park (FM No. 423809-1-58-01).
SUMMARY:
This Budget Amendment will adjust the federal funding for the Bluegill
Trail to its actual eligible cost reimbursement amount of $865,936.11. The project was completed in March 2011.
Final contract costs were $806,775.90, of which $774,995.90 was eligible for
reimbursement under the Agreement. The
remainder of the amount received from FDOT was for staff construction
engineering inspection (CEI) costs up to the limit reimbursable under the
Agreement. District 1 (JMB)
9. Staff recommends
motion to:
A) approve Cooperative Agreement No. F11AC00772 in the amount of $20,000 with the U.S.
Department of Interior Fish and Wildlife Services (USFWS) to fund the
construction of Living Shorelines, expiring September 30, 2012;
B) approve Budget Amendment of $20,000 in the
Environmental Enhancement Non-Specific Fund; and
C) authorize the County Administrator or his designee to
execute and to sign all future time extensions, task assignments,
certifications, and other forms associated with the Grant Agreement, and
necessary minor amendments that do not change the scope of work or terms and
conditions of the Cooperative Agreement.
SUMMARY: Environmental Resources Management (ERM) is partnering with USFWS to
create Living Shorelines which consist of the placement of limestone
breakwaters and installation of native plants, attracting numerous species of
fish and invertebrates and improving estuary water quality. The USFWS grant
will reimburse $20,000 for project planning costs in the first year. After the initial grant, USFWS may provide up
to an additional $200,000 in future years, depending upon budget availability,
for construction of projects. At that
time, the County would have to identify up to $77,650 in matching funds. Match sources may include in-kind services
and grants from other agencies. No ad
valorem funds would be expended. The Cooperative Agreement is effective upon
execution by both parties and expires September 30, 2012. Countywide (SF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
10. Staff recommends
motion to:
A) approve Agreement Contract No. 017245 with the Florida Department of
Agriculture and Consumer Services (FDACS) for mosquito control reporting
requirements performed by the Department of Environmental Resources Management,
for the period October 1, 2011, through September 30, 2012 for an amount not to
exceed $18,500;
B)
approve Budget Amendment of $18,500 in the State Mosquito Fund
to recognize the 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 Agreement, and necessary minor amendments that do
not change the scope of work or terms and conditions of this Agreement.
SUMMARY: The Agreement provides Arthropod
Control State Aid of up to $18,500 in quarterly installments with monthly
reporting requirements regarding mosquito control activities to the FDACS. The
County is considered a contractor with the State and therefore no match is
required. The FDACS Form 13617 Certified
Budget must be delivered to Tallahassee by September 15, 2011. The signed agreement must be executed and
returned not later than October 1, 2011. Countywide (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the months of July and August of 2011:
A) Amy Hair, Sign Language Interpreter, Lake Lytal Pool, for the period
July 12, 2011, through August 30, 2011;
B) Jessica Thune, Sign Language
Interpreter, Lake Lytal Pool, for the period July 12, 2011, through August 30,
2011; and
C) Team Elite Athletic Management International, Inc., USA Swimming and US
Masters Swimming Team Coach, Aqua Crest Pool, for a period August 1, 2011,
through September 30, 2011.
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
2 & 7 (AH)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file:
Second Amendment to Contract (Contract No. 80009/LS) with Chet’s, Inc., located
in Boynton Beach, Florida, to
provide professional water ski instruction at South County Regional Park for
the period October 1, 2011, through September 30, 2012. Summary: On
September 25, 2009, Palm Beach County entered into a Standard Contract with
Chet’s, Inc. to provide a complete water skiing school program at South County
Regional Park. The Contract provided an
initial one (1) year term, which expired on September 30, 2010, with three (3) -
one (1) year renewal options. This
Second Amendment renews the Agreement for the second option period of October 1, 2011, through September 30,
2012. The total annual revenue for this
Second Amendment is $12,420. All other
terms of the contract remain the same. This contract extension has been
executed by the Purchasing Director in accordance with the authority provided
to the Director by the Purchase Code. District 5 (AH)
3. Staff recommends
motion to approve: State of Florida Department of Transportation (FDOT)
Local Agency Program (LAP) Supplemental Agreement FPN No. 416139-1-58-01 for
the South Bay Lake Okeechobee Scenic Trail Gateway Trailhead Enhancement
Project to decrease total state and federal funding from $500,000 to
$195,485.40. Summary: On June 28, 2010, the Parks and Recreation
Department Director executed a funding Agreement for the renovation of the
South Bay Historic Railroad Cottage and trail related improvements as
authorized by the Board on March 23, 2010, R2010-0417. On December 7, 2010, the Board approved a
Supplemental Agreement, R2010-2019, reducing the total state and federal
funding from $500,000 to $195,485.40, and a Budget Amendment of $195,485. Prior to FDOT’s execution of the previously
presented Supplemental Agreement, additional language was required to the
Supplement Agreement including E-Verify. The terms of the Agreement have changed;
therefore, a new Supplemental Agreement is being presented to the Board for
execution. District 6 (AH)
4. Staff recommends
motion to receive and file:
a Letter from the United States Department of the Interior for the National
Park Service’s American Battlefield Protection Program (ABPP) Grant Agreement
No. GA-2255-09-021, for the development of a battlefield site identification
plan at Riverbend Park extending the project completion date from December 31,
2010, to December 31, 2011. Summary: On March 17, 2009, the Board authorized submission of a National
Park Service ABPP grant application for the development of a battlefield site
identification plan at Riverbend Park,
R2009-0441. The grant was approved and
was executed by the Director of the Parks and Recreation Department as
authorized by the Board, and was submitted to the Board on October 20, 2009, to
receive and file, R2009-1802. The United
States Department of the Interior has approved a one (1) year time extension
for the completion date for the Grant Agreement from December 31, 2010, to
December 31, 2011. District 1 (AH)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve an Application to the Florida Department of
State, Division of Library and Information Services, for State Aid to Libraries
in an estimated amount of $1,004,453 for FY 2012;
B) approve the Agreement for State Aid to Libraries;
and
C) authorize the Chairperson of the Board of County
Commissioners to execute any other necessary forms and certifications.
Summary: The State provides an annual operating grant
to eligible libraries based upon their annual operating expenditures from local
funds. Estimated State Aid revenue has
been included in the County Library’s FY 2012 proposed budget. There is no match requirement for this
grant. Countywide (TKF)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve: a
Third Amendment to the Interlocal Agreement (R2010-0530) with the City of
Riviera Beach to extend the
expiration date from March 31, 2011, to September 30, 2011; and increase the
project budget by $44,000 to support the Youth Violence Prevention Project
(YVPP). SUMMARY: The
Florida Department of Law Enforcement approved this six (6) month extension on
March 22, 2011 including the reallocation of $44,000 from YVPP evaluation to
the Riviera Beach Youth Empowerment Center on June 30, 2011. The cities of West
Palm Beach, Lake Worth, and Belle Glade’s Interlocal Agreements were previously
extended. Countywide (GB)
2. Staff recommends
motion to approve: the
First Amendment to the Interlocal
Agreement with the University of South Florida to
add $10,190 to provide additional technical
assistance to an evaluation of the Palm Beach County Justice, Mental Health
Collaboration Project for the period
of July 1, 2011, to September 30, 2012; and to extend the term of the
Interlocal Agreement to September 30, 2012.
SUMMARY: This Amendment will provide $10,190 of the grant funds for additional technical
assistance on the project, specifically, analysis of case management records
for dually diagnosed repeat offenders in the Recidivist Recovery Court program
and extends the term of the agreement from March 31, 2012, to September 30,
2012. Assistance will also be provided
to Palm Beach County for an evaluation of the Crisis Intervention Team training
programs fidelity to the original Memphis model. Countywide (GB)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to approve: a Contract with the Jerome Golden Center
for Behavioral Health, Inc. for $132,968 to provide supportive housing services
for homeless persons leaving the County
jail for the term retroactive to August 1, 2011, through July 31, 2012. SUMMARY:
On March 15, 2011, the Board of County Commissioners received and
filed 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; and approved 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 supportive housing for homeless leaving the County jail who are homeless with a mental health and substance
abuse disorder with a focus for custodial parents. The Jerome Golden Center was selected to
provide the services as a not-for-profit community mental health agency
currently serving this population and utilizing the supportive housing model. Jerome
Golden Center employee Thomas McKissack, also serves on a County advisory
board, the Palm Beach County HIV Care Council. The HIV Care Council provides no
regulation, oversight, management, or policy-setting recommendations regarding
the referenced Jerome Golden Center contract. Disclosure of this contractual
relationship at a duly noticed public meeting is being provided for Mr.
McKissack in accordance with the provisions of Sect. 2-443, of the Code. Countywide (GB)
4. Staff recommends
motion to:
A) ratify
the signature of the Chair on the approval of the submittal of the Second
Chance Act Grant Application to the Department of Justice (DOJ) for $50,000 for
a project period of one (1) year beginning October 1, 2011 to facilitate the
development of a plan for the reduction of recidivism in juveniles in Palm
Beach County; and
B) authorize the County Administrator or his designee to
execute all related documents for Palm Beach County’s FY 2011 Second Chance Act
Grant as required by the U.S. Department of Justice, Bureau of Justice
Assistance.
SUMMARY: Palm Beach County applied for a grant award of $50,000 from the
Department of Justice to facilitate the planning for successful reintegration
of juvenile ex-offenders as they return to Palm Beach County. The emergency
signature process was used due to the time constraints of the grant submission
date. It was released on June 10, 2011 and the submission date was July 11,
2011. This application, if funded, will allow for the development of the plan
for juvenile ex-offenders to be provided with pre and post release services to
assist in their transition back into the community. The Grant requires a non-federal in-kind
match of 100% during the year project period. Specifically, the in-kind match
requirement for the project is $50,000. This match has been identified through
the Criminal Justice Commission for a total amount of $59,409. Countywide
(GB)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve: an
Affiliate Agreement with 211 Palm Beach/Treasure Coast to remain in force until
terminated by either party. SUMMARY:
In July 2000, the Federal Communications Commission designated the three (3) digit
number, 2-1-1, nationally to serve as the abbreviated dialing code for access
to community information and referral services.
Fire-Rescue requested the Drowning Prevention Coalition (DPC) be added
to the 211 referral database. On
February 2, 2010, the Board approved a 211 Palm Beach/Treasure Coast Affiliate
Agreement (R2010-0214, as revised by R2010-1145) which is required for each organization
wishing to be listed as a referral or a resource to its callers. The DPC agreed to receive clients meeting
eligibility criteria set forth in the Resource Information Survey. The 211 Palm
Beach/Treasure Coast agreed to be available as a resource to its affiliate’s
client’s 24-hours a day for telephone counseling and information and/or
referral to community resources, such as the DPC. The 211 Palm Beach/Treasure Coast is updating
its resource database and is requesting the Board approve a new Affiliate
Agreement. Countywide (PK)
2. Staff recommends motion to approve: an Agreement with Dr. Thomas H. Matese, Jr. for medical direction for a three (3) year period (October 1, 2011 - September 30, 2014) in the amount of $601,910.64. SUMMARY: State law requires Palm Beach County Fire-Rescue, as an Emergency Medical Services Provider, contract with a licensed/certified M.D. or D.O., who meets all criteria of Chapter 401, Florida Statutes, and the Rules of the Department of Health, Chapter 64E-2,F.A.C.. This Agreement includes the requirement for a second physician to serve as Associate Medical Director in order to provide increased training classes provided to the Paramedics and EMTs, an increased level of time spent in the field for supervision/observation of skill levels, and availability of twenty-four hour emergency consultation. Countywide (SGB)
3. Staff recommends motion to approve: a Second Amendment to Professional Services Agreement with Hope Health and Wellness, Inc., to provide fire department physician and related services during a one (1) year renewal period beginning October 1, 2011, in an amount not-to-exceed $500,000 annually. SUMMARY: The components of the Palm Beach County Fire-Rescue Wellness Program established by the Collective Bargaining Agreement (CBA) include the provision of a Fire Department Physician, the administering of medical physical examinations and drug testing for Fire-Rescue employees. The Palm Beach County Fire-Rescue Wellness Steering Committee (Committee) is responsible for selecting a service provider and approving a service agreement. In 2008, the County issued a Request for Proposal (RFP) for Fire-Department Physician and Related Services and the Committee selected Hope Health and Wellness, Inc. The Agreement (R2009-0127) provides for three (3) – one (1) year renewals, upon prior approval of the Committee. The First Amendment to the Agreement (R2010-1064) renewed the Agreement until September 30, 2011. This Second Amendment will renew the Agreement for an additional one year period expiring September 30, 2012. The Committee approved this second renewal of the Agreement at their July 13, 2011 meeting. The total amount to be paid by the County under this Second Amendment to the Agreement shall not exceed a total annual amount of $500,000. Hope Health and Wellness, Inc. is a local business in Palm Beach County. Countywide (SGB)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
T. HEALTH DEPARTMENT
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
adopting the FY 2011/2012 budget for the Air Pollution Control Program. Summary: This Resolution is required by the August 21,
1984, Agreement between the Board of County Commissioners and the Palm Beach
County Health Department (PBCHD) to establish the annual budget for the expenditure
of fees deposited into the Air Pollution Control Trust Fund. This program is solely supported by motor
vehicle license registration fees. The
proposed FY 2011/2012 budget for the Air Pollution Control Program from this
funding source is $960,000 which is the same as the current year. This budget can be accommodated by future
revenues and a surplus in the Air Pollution Control Trust Fund. Countywide (GB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: a Network
Service Agreement with The ARC of Palm Beach County, Inc. (ARC), a non-profit
organization, at an estimated first year revenue of $8,400 for the initial
point of connection, for an initial term of one (1) year, with automatic (1)
year renewals unless notice given by any party.
SUMMARY: ARC wishes to connect to the Palm
Beach County network in order to receive broadband Internet access at the
stated monthly rates. The County’s Information Systems Services Department will
be responsible for providing Internet services to this organization. ARC agrees
to reimburse the County for construction costs estimated at this time of $6,425
within 90 days of the effective date of this agreement. ARC is a registered 501(3) (c) non-profit
organization which, along with government, education and health care
organizations in Palm Beach County, are eligible to join the County’s
network. The County will not incur any
costs associated with this project other than staff time involved in planning
and managing the project. These agreements are similar to existing agreements
with other non-profit organizations as well as interlocal agreements with
various local governments for network services.
In addition to the revenues generated for the County, an estimated
annual cost savings of $12,000 will be realized by ARC as the result of this
Agreement. This Agreement provides for disclosure of Article
XII, Section 2-422, Palm Beach County Code establishing the Office of the Inspector General. Countywide
(PFK)
2. Staff recommends
motion to approve: the First Amendment to the Inter-local Agreement
(R2008-1937) with the City of Palm Beach Gardens (“City”) for connection to the
Palm Beach County (“County”) Regional Network to expand network services to
five (5) new City locations with first year revenue estimated at $5,400. SUMMARY: The City has requested that
the County add five (5) new locations to the original network services
agreement, executed in October 2008. The
County’s Information Systems Services (ISS) department is responsible for
providing Internet services to the City.
The City agrees to reimburse the County for construction costs estimated
at this time of $15,141 within 90 days of the effective date of this Amendment.
The County will not incur any costs associated with this project other than
staff time involved in planning and managing the project. In addition to the revenues generated for the
County, an estimated annual cost savings of $15,768 will be realized by the
City as the result of this Amendment. This Amendment provides for disclosure of Article XII, Section 2-422, Palm Beach
County Code establishing the Office of
the Inspector General. District 1
(PFK)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to ratify: Supplemental Service Order Request with Florida
LambdaRail (FLR) to increase commodity Internet service capacity from 75
megabytes (MB) to 540 MB and to reduce commodity internet service unit pricing
from $36 per MB to $15 per MB, all applicable to Affiliate Connection Agreement
(R2008-0674), effective January 1, 2011 for an increase in FY 2011 of $64,800
and a new annual cost of $128,011. SUMMARY: On April 15, 2008, the County entered into an
Affiliate Connection Agreement with Florida LambdaRail, LLC to obtain
high-speed, high bandwidth optical network services to support the needs of the
County and other governmental, education and non-profit entities participating
in the Palm Beach County Regional Network.
In the intervening three (3) years, the capacity needs of the County and
its’ customers has grown beyond the original system specification. During the same period, the FLR Board of
Directors made decisions which changed the basic pricing model for this
service. This agenda item will address and adjust for these changes beginning
January 1, 2011. Countywide (PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following four (4) executed amendments
to adjust the not-to-exceed amounts within the Drug Court agency contracts that
provide drug treatment and testing services to individuals referred by the Drug
Court. These amendments do not adjust
the cumulative total of $490,672 for the original executed contracts:
A) Drug Abuse Foundation increase
funding by $20,025 for a new total not to exceed amount of $86,025;
B) Comprehensive Alcoholism
Rehabilitation Program decrease funding by $10,012 for a new total not to
exceed amount of $55,988;
C) Counseling Services of Lake Worth
decrease funding by $20,013 for a new total not to exceed amount of $114,271;
and
D) Drug Testing and Counseling Services
increase funding by $10,000 for a new total not to exceed amount of $206,138.
SUMMARY: During FY 2011,
the Adult Drug Court program had far more clients electing to attend Drug Abuse
Foundation for their treatment services than in years past. In order to address
this short fall and still expend the total allotted FY 2011 funding for the
Adult Drug Court program of $490,672, it is necessary to decrease funding from
the Comprehensive Alcoholism Rehabilitation Program by $10,012 and decrease
funding from Counseling Services of Lake Worth by $20,013, thereby increasing
the Drug Abuse Foundation contracted amount by $20,025 and increasing Drug
Testing and Counseling Services contracted amount by $10,000. R2010-2034,
R2010-2035, R2010-2036, and R2010-2038 authorized
the County Administrator or his designee to execute amendments to the Drug
Court contracts on behalf of the Board of County Commissioners to adjust the
not-to-exceed amounts as long as the cumulative total does not exceed $490,672. Countywide (GB)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff
recommends motion to:
A) ratify the signature of the Vice Chair of the Board
of County Commissioners on a copy of the grant agreement with Florida Animal
Friend, Inc. in the amount of $25,000 for the period August 30, 2011, through
August 31, 2012; and
B) approve a Budget Amendment of $25,000 in the ACC
Mobile Spay Neuter Program fund to establish grant budget.
SUMMARY: This grant
will be used to provide spay/neuter services for 20 large dogs every Monday for
a one (1) year period. Because of
limited large cage space, Animal Care and Control struggles to meet the demand
for large dog surgeries promptly. As a
result, many of the dogs are not being sterilized which results in increased
litters of unwanted puppies and/or increased numbers of large dogs surrendered
to the shelter. Marmaduke Mondays will be held at the main shelter where cage
capacity for this specific purpose will be established. The agreement to use
the funds for large dog sterilization was signed by the Vice Chair of the Board
of County Commissioners because there was limited time to accept the funding. Countywide
(SF)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a South Florida High Intensity Drug Trafficking Area (HIDTA) FY
2011 Domestic Marijuana Eradication/Violent Crimes and Drug Trafficking
Organization (DME/VCDTO) grant in the amount of $30,000, for the OGT
Initiative, for the period of June 29, 2011, through June 28, 2012; and
B) approve a Budget Amendment
of $30,000 in the Sheriff’s Grant Fund.
SUMMARY: On June 29, 2011,
the Palm Beach County Sheriff’s Office received an award from the South Florida HIDTA DME/VCDTO. The funds
provided will be used for overtime reimbursement associated with dismantling or
disrupting a Drug Trafficking Organization (DTO) that knowingly deals in the
sale of hydroponic equipment to marijuana growers. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (GB)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a South Florida High Intensity Drug Trafficking Area (HIDTA) FY
2011 Domestic Marijuana Eradication/Violent Crimes and Drug Trafficking
Organization (DME/VCDTO) grant in the amount of $30,000, for the OMR
Initiative, for the period of June 29, 2011, through June 28, 2012; and
B) approve a Budget Amendment
of $30,000 in the Sheriff’s Grant Fund.
SUMMARY: On June 29, 2011,
the Palm Beach County Sheriff’s Office received an award from the South Florida HIDTA DME/VCDTO Initiative.
The funds provided will be used for overtime reimbursement associated with
dismantling or disrupting a Drug Trafficking Organization engaged in the sale
and harvesting of marijuana hydroponics.
There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (GB)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
3. Staff recommends
motion to:
A) receive and file a
Florida Department of Law Enforcement (FDLE) Memorandum of Understanding and
Reimbursement Agreement in the amount of $987,344, for the Miami Regional Drug
Enforcement Strike Force (RDESF), for the period of July 1, 2011, through June 30,
2012; and
B) approve a Budget Amendment
of $987,344 in the Sheriff’s Grant Fund.
SUMMARY: On June 23, 2011,
the Palm Beach County Sheriff’s Office (PBSO) received an award for the RDESF.
PBSO will act as the fiscal agent for the RDESF distributing reimbursement
funding to participating RDESF law enforcement agencies. The RDESF
participating agencies will identify, investigate, apprehend, and prosecute
those within the medical and pharmaceutical profession who facilitate the abuse
of prescription drugs. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(GB)
4. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the High
Intensity Drug Trafficking Area (HIDTA) Program grant to extend the grant
period from June 30, 2011, through December 31, 2011. SUMMARY:
The
Board of
County Commissioners (BCC) accepted this grant for $143,269 on May 4, 2010; the
original period for this grant was January 1, 2009, through December 31, 2010
(R2010-0726). On May 3, 2011, the BCC received and filed an agenda item
extending the grant period from December 31, 2010, through June 30, 2011
(R2011-0683). On August 16, 2011, the BCC accepted a Grant Modification
providing additional funding of $37,500 (R2011-1224). This agenda item will
extend the grant period from June 30, 2011, through December 31, 2011. The Office
of National Drug Control Policy awarded these funds for expenses associated
with the Palm Beach County Multi-Agency Diversion Task Force. There is no match
requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (GB)
CC. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to approve: the following Westgate/Belvedere Homes
Community Redevelopment Agency (CRA) Board Officers for a one (1) year term
commencing August 8, 2011, and expiring August 7, 2012:
Board Member Office
Ronald L. Daniels Chair
Joseph H. Kirby Vice-Chair
SUMMARY: The
Westgate/Belvedere Homes CRA Board consists of seven (7) at large members from
residents and local businesses within the CRA boundaries. At the August 8, 2011 meeting, the CRA
Commissioners elected the Chair and Vice-Chair from amongst its Board due to
the resignation of the Board Chair. The
term shall be one (1) year, beginning with the date of election. (CRA) District
2 (TKF)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
CC. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY (Cont’d)
2. Staff recommends
motion to:
A)
authorize the Chair to execute a Federally Funded Subgrant Agreement
(Grant), Contract Number 11HM-2Y-10-60-01-014, between the Florida Division of
Emergency Management (DEM) and Palm Beach County (County) for the construction
of canal improvements in order to improve the storage capacity of both the Lake
Worth Drainage District (LWDD) L-2 Canal and the County L-2B Canal, adjacent to
the Westgate subdivision (Project);
B)
approve a Budget Amendment
of $504,931 in the Capital Outlay Fund to recognize the funding from the Grant
for the Westgate L-2 and L-2B Canals;
C)
approve an Interlocal
Agreement with the Westgate/Belvedere Homes Community Redevelopment Agency
(CRA) for the transfer of County property, presently being used as a storm
water detention area to the CRA for the widening of the L-2 Canal, together
with the responsibility for maintaining the storm water drainage system that
discharges to the detention area and managing the bidding and construction of
the L-2 & L-2B Canal improvements; and
D)
approve an Interlocal
Agreement with the CRA for the reimbursement of funds associated with the DEM
Grant.
SUMMARY: The DEM Grant will fund the construction
phase of the drainage improvements in the LWDD L-2 Canal from the Palm Beach
International Airport Canal easterly to west of Wabasso Drive and the L-2B
Canal from Saginaw Avenue north to Nokomis Avenue and Cherokee Avenue north to
Genesee Avenue. The CRA will provide the
local share funding of the DEM Grant and will have their consultant perform the
construction administrative services for the Project after they bid the
Project. (Engineering) District 2 (MRE)
3. Staff recommends
motion to approve:
A)
an Interlocal Agreement
with the Westgate/Belvedere Homes Community Redevelopment Area (CRA) for the
reimbursement of funds associated with a State of Florida grant; and
B)
a Budget Amendment of
$62,400 in the Capital Outlay Fund to recognize the funding from the grant for
the Westgate L-2 East Canal.
SUMMARY: Approval of the Interlocal Agreement will permit Palm Beach County (County) to reimburse the CRA with Federally Funded Subgrant Agreement (Grant) funds for design costs incurred in the design of the L-2 East Canal Acquisition and Expansion (Project), Project No. 2010058. The CRA applied for the Grant from the State of Florida Division of Emergency Management (DEM) but the County entered into the Grant, Contract No. 09HM-37-10-60-01-075, with DEM for this Project because DEM requires the Grant be executed by an official government entity. The Project was initiated and funded by the CRA based on the Grant between the County and DEM for the reimbursement of funds for the Project. (Engineering) District 2 (MRE)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL
1. Staff
recommends motion to approve: an Amended and Restated Agreement
(R2007-1622) with the Palm Beach County Cultural Council, Inc. (“Cultural
Council”) for the provision of services under Palm Beach County’s (PBC) Tourist
Development Plan during the period of October 1, 2011, through September 30,
2012 in the amount of $999,082. SUMMARY: The Amended and Restated Agreement updates for the Fiscal Year 2012
Exhibit “A” – Annual Budget; Exhibit “E” – Performance Measures; Exhibit “F” -
(Travel and Entertainment Policy) requires Cultural Council‘s CEO approval on
entertainment expenses and advanced
approval for air travel; adding PBC
Code of ethics provision into the body of the contract. In addition, contract
includes Cultural Council’s building overhead not to exceed 5% of
contract budget, percentage change in Cultural Council’s contribution to
retirement plan. Contract changes
have been reviewed and approved by the TDC. Cultural Council will continue to
administer Category B grants totaling $2,080,000, and Category C II grants
totaling $280,000 for the County. In addition, indirect cost and reserves of
$848,193 are included for a total budget of $4,207,275. This will
be the fifth year of the five (5) year agreement. Rena Blades of the
Cultural Council serves on the Overall Economic Development Program Committee.
The Committee provides no regulation, oversight, management, or policy-setting
recommendations regarding the Cultural Council’s contracts. Disclosure of the
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of
Ethics. (TDC) Countywide (DW)
2. Staff recommends
motion to approve: an Amended and Restated Agreement (R2007-1623) with
Discover Palm Beach County, Inc. d.b.a. Palm Beach County Convention &
Visitors Bureau (“CVB”) marketing contract for the provision of services under
the County’s Tourist Development Plan during the period of October 1, 2011,
through September 30, 2012 in the amount of $8,641,383. SUMMARY: The Amended and Restated Agreement
updates for the Fiscal Year 2012 Exhibit
“A” – Annual Budget; Exhibit “H” – Performance Measures. Exhibit “E” -
Procurement policy adds Tourist Development Council (TDC) Board member to selection
committee for purchases over $50,000, Exhibit “J” – Compensation Policy is
amended requiring TDC and Palm Beach County (PBC) approval on salary increases,
percentage change for retirement plan, car allowance in conformance with the
County PPM; Exhibit “G” – Travel & Entertainment Policy - approval for air
travel and entertainment expenses by the CVB President/CEO or designee senior
level staff; adding the PBC Code of Ethics provision into the body of the
contract. Contract changes have been reviewed and approved by the TDC.
In addition, administrative cost, reserves, and other costs totaling $1,940,781
are included for a total budget of $10,582,164. This will be the fifth year of
the five (5) year agreement. Countywide (DW)
SEPTEMBER 13, 2011
3. CONSENT
AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL (Cont’d)
3. Staff recommends
motion to approve: an Amended and Restated Agreement (R2007-1624) with
the Palm Beach County Film and Television Commission (PBCFTC) for the provision
of services under the County’s Tourist Development Plan during the period of
October 1, 2011, through September 30, 2012 in the amount of $513,366. SUMMARY:
The Amended and Restated Agreement updates
for Fiscal Year 2012 Exhibit “A” – Annual Budget, Exhibit “F” - Performance
Measures; Exhibit “D” – Travel &
Entertainment Policy - approval by Film Commissioner on air travel and
entertainment expenses; Exhibit “H” Salary Policy - prior approval by
TDC and County on salary increases and Exhibit “I” – Salary Ranges – for range
adjustment. Add the Palm Beach County (PBC)
Code of Ethics provision into the body of the contract and percentage change in
PBCFTC contribution to the retirement plan. Contract revisions have been
reviewed and approved by the TDC. In addition, indirect cost and reserves
totaling $179,227 are included for a total budget of $692,593. This will be the fifth year of the five year
(5) agreement. Chuck Elderd of the PBCFTC serves on the Overall Economic
Development Program Committee. The Committee provides no regulation, oversight,
management, or policy-setting recommendations regarding the PBCFTC contracts.
Disclosure of the contractual relationship at a duly noticed public meeting is being
provided in accordance with the provisions of Sect. 2-443, of the Palm Beach
County Code of Ethics. (TDC) Countywide (DW)
4. Staff recommends
motion to approve: an Amended and Restated Agreement (R2007-1625) with
Palm Beach County Sports Commission, Inc. (the “PBCSC”) for the provision of
services under Palm Beach County’s (PBC) Tourist Development Plan during the
period of October 1, 2011, through September 30, 2012 in the amount of
$637,845. SUMMARY: The Amended and Restated Agreement updates
for Fiscal Year 2012 Exhibit “A” – Annual Budget; Exhibit “E”- Performance
Measures; Exhibit “C” – Travel & Entertainment Policy - approvals for entertainment and air fare expenses
by PBCSC Executive Director; and Exhibit “F” – Salary Policy - prior
approval by the TDC Executive Director and PBC on salaries and incentives. Add the PBC Code of Ethics provision into the body
of the contract. Contract changes have been reviewed and approved by the
TDC. PBCSC will continue to administer Category G grants totaling $275,000 for
the County. In addition, indirect cost and reserves of $519,998 are included
for a total budget of $1,432,843. This will be the fifth year of the five (5) year
agreement. Countywide (DW)
* * * * * * * * * * * *
SEPTEMBER 13, 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, Florida, amending Chapter 17, Article 4, Division 1, Section
17-128, Section 17-131 and Section 17-136 of the Palm Beach County Code;
providing for records of transaction; providing for holding period (sale
transactions); providing for secondhand dealers; disposal of property;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; providing for captions; and
providing for an effective date. SUMMARY:
The subject ordinance requires secondhand dealers to maintain their records
and to hold second hand goods in accordance with Florida Statute chapters 538
and 539. This amendment is necessary due to a change in state law, which
prohibits a county from adopting any ordinance, rule or regulation relating to
the regulation of firearms and ammunition.
Any existing ordinances, rules, or regulations not specifically
authorized by the legislature, are in violation of state law and must be
amended. Countywide (AH)
B. Staff recommends
motion to adopt: an Ordinance of the
Board of County Commissioners of Palm Beach County, Florida, amending Chapter
28, Article 2, Division 1, Section 28-22 of the Palm Beach County Code;
providing for discharge of firearms; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and
ordinances; providing for captions; and providing for an effective date. SUMMARY:
The subject ordinance deletes the prohibition of discharging a firearm east
of the line that was delineated in the ordinance, or west within three hundred
(300) yards of any structure. This
amendment is necessary due to a change in state law, which prohibits a county
from adopting any ordinance, rule, or regulation relating to the regulation of
firearms and ammunition. Any existing
ordinances, rules, or regulations not specifically authorized by the
legislature are in violation of state law and must be amended. Countywide
(AH)
C. Staff recommends
motion to adopt: an Ordinance of the
Board of County Commissioners of Palm Beach County, Florida, amending Chapter
9, Article 2, Division 1, Section 9-35 of the Palm Beach County Code; providing
for declaration of emergency; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and
ordinances; providing for captions; and providing for an effective date. SUMMARY: The subject ordinance deletes
the County Administrator’s ability to restrict the sale, purchase or possession
of firearms during a state of emergency.
This amendment is necessary due to a change in state law, which
prohibits a county from adopting any ordinance, rule, or regulation relating to
the regulation of firearms and ammunition.
Any existing ordinances, rules, or regulations not specifically
authorized by the legislature are in violation of state law and must be
amended. Countywide (AH)
D. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Chapter 11, Article 11, Division 1, Section 11-262 and Section 11-271
of the Palm Beach County Code; providing for prohibited activities; providing
for penalties; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for captions; and providing for an effective date. SUMMARY: The
subject ordinance deletes the prohibition of using a firearm that is
potentially inimical to wildlife and dangerous to human safety and from shooting
into a natural area from beyond the boundaries of the natural area. The
amendment also provides for the Groundwater Natural Resource Protection Board
to enforce the provisions of the ordinance.
This amendment is necessary due to a change in state law, which prohibits a
county from adopting any ordinance, rule, or regulation relating to the
regulation of firearms and ammunition. Any existing ordinances, rules, or
regulations not specifically authorized by the legislature are in violation of
state law and must be amended. The ordinance amendment also allows for enforcement of violations by the Groundwater and
Natural Resources Protection Board or as provided in Chapter 162, Florida
Statutes, Part II. Countywide (AH)
SEPTEMBER 13, 2011
4. PUBLIC
HEARINGS – 9:30 A.M. CONTINUED
E. Staff recommends
motion to:
1) adopt a Resolution of the Board of
County Commissioners of Palm Beach County, Florida, confirming the special assessment
roll for the 6" Watermain Extension at Cadillac Drive; and
2) approve
Work Authorization No. 7 to Johnson-Davis, Inc. under the Water Utilities
Department (WUD) Continuing Construction Contract (R2010-1423) in the amount of
$56,760.48.
SUMMARY: Petitions in favor of the installation of a potable water main have been
provided by 100% of the respondent property owners in the Cadillac Drive
project area. The project will serve five (5) residential properties currently
on private wells. Individual assessments of $11,615.89 per parcel are based on
100% of the assessable cost and may be paid over 20 years with equal annual
payments of principal and 5˝% interest. The total project cost is $67,828.75
and includes the costs of surveying, design, drafting, permitting,
construction, inspection, administration, and construction contingency. The
project will be constructed utilizing a Work Authorization under the WUD
Continuing Construction Contract with Johnson-Davis, Inc. (R2010-1423). The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc.
provides for SBE participation of 15%. This Authorization includes 15.64%
overall participation. The cumulative SBE participation is 16.24% overall.
Johnson-Davis, Inc. is a local Palm Beach County Company. (WUD Project No.
10-078) District 3 (MJ)
* * * * * * * * * * * *
RECESS AS THE
BOARD OF COUNTY COMMISSIONERS
CONVENE AS
THE CHILD CARE FACILITIES BOARD
SEPTEMBER 13, 2011
5. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE CHILD CARE FACILITIES BOARD PUBLIC HEARING –
9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, sitting as the Child Care Facilities Board, adopting the Palm Beach County Rules and Regulations governing Family Day Care Facilities; amending Article VIII of the Rules and Regulations governing Family Day Care in Palm Beach County; providing for repeal of laws in conflict; providing for inclusion in the code of laws and ordinances; providing for severability; and providing for an effective date. SUMMARY: The Board of County Commissioners, pursuant to a Special Act of the State of Florida, serves as the Child Care Facilities Board. This amendment requires all loaded firearms stored or left on a premise where a minor is likely to gain access to the firearm without the lawful permission of the minor’s parent or the person in charge of the minor be kept in a securely locked box or container. This amendment is necessary due to a change in state law, which prohibits a county from adopting any ordinance, rule, or regulation relating to the regulation of firearms and ammunition. Any existing ordinances, rules, or regulations not specifically authorized by the legislature are in violation of state law and must be amended. Countywide (AH)
* * * * * * * * * * * *
adjourn aS
THE CHILD CARE FACILITIES BOARD
RECONVENE AS
THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 13, 2011
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) a Five
(5) Year Agreement with the Business Development Board of Palm Beach County,
Inc., in the aggregate amount of $4,657,350, subject to annual potential
adjustment and appropriation, for the period of October 1, 2011, through
September 30, 2016, to assist in providing economic development activities for
Palm Beach County; and
B)
the Scope of Services for Fiscal Year 2011-2012 in the amount of $931,470.
SUMMARY: Under the Agreement, the Business Development Board (BDB) will provide business recruitment, expansion and retention services and general marketing for Palm Beach County. The BDB will work in partnership with the County’s Economic Development Office with the goal of creating a stable and diverse economic climate throughout Palm Beach County. A new Scope of Services will be developed annually and be subject to approval by the Board of County Commissioners. Additionally, the annual contract amount will be subject to annual budget appropriation. Business Development Board employee Gary Hines, serves on the Treasure Coast Regional Planning Council’s Comprehensive Economic Development Strategy Committee. The Board/Council provides no regulation, oversight, management, or policy-setting recommendations regarding the Business Development Board’s contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. These are County ad valorem funds. Countywide (DW)
2. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, requesting
the Legislature to reconsider its position on the ability of local governments
to pass local ordinances related to firearms and ammunition. SUMMARY: The County had four (4) ordinances and two (2)
resolutions related to gun control that must be amended because of the
enactment of Chapter 2011-109 Laws of Florida. The County concurs with the
position of the Florida Association of Counties on Home Rule that a local
government is often best able to enact local rules and ordinances to protect
the safety of its residents and visitors. With the enactment of Chapter
2011-109 Laws of Florida, Florida Statute Section 790.33 has been amended to
provide penalties to local governments that violate the preemption language in
said Statute that prevents all local governments in Florida from passing
certain gun control measures. It is the desire of the County to request that
the Legislature reconsider the enactment of this preemption and subsequent
penalties. Countywide (DW)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
B. AIRPORTS
1. Staff recommends
motion to:
A) approve
an Agreement for Purchase and
Sale for the following property at a total cost of $830,000 by a supermajority
vote. Said property is located west of
Runway 10L at Palm Beach International Airport (PBIA):
Annie Holdings, LLC, a Florida limited liability
company
325-327 N. Military Trail, West Palm Beach, FL
33415 Parcel W-314
Sales Price: $830,000
Replacement Housing: N/A
B) accept
a Memorandum of Agreement to be
recorded in the public records to provide notice of this Agreement;
C) approve
a Budget Amendment of $871,500 in
the Airport’s Improvement and Development Fund to recognize Passenger Facility
Charge (PFC) revenue in the amount of $435,750 and Florida Department of
Transportation (FDOT) grant revenue in the amount of $435,750. Increase the project cost by $871,500, which
includes a five percent contingency for the current purchase of $830,000; and
D) approve a Budget
Transfer of $435,750 in the Airport’s PFC fund to transfer PFC funds to the
Airport’s Improvement and Development Fund.
SUMMARY: The property is improved with an 8,512 square
foot commercial building and is currently occupied by two (2) existing tenants
that operate automotive service businesses: PJ Properties, Inc. d/b/a Autocare
of the Palm Beaches (PJ Properties) and AA Economy Transmission Specialists,
LLC (AA Transmission). The PJ Properties
lease expires January 31, 2012 with two (2) additional five (5) year renewals.
The AA Transmission lease expires October 31, 2012 with two (2) additional
three (3) year renewals. The leases will
be assigned to the County at closing and the County is scheduled to receive
gross rental income of $83,049 in FY 2012, with increases thereafter, pursuant
to the terms of each lease. The property
was appraised by Anderson & Carr, Inc. in May 2010 at $800,000. The purchase price exceeds the current
appraised value by 3.75%. The comparable
sales used in determining the appraised value of the property range from $90 to
$110 per square foot of building area and the appraiser concluded a market
value of $850,000 via the sales comparison approach. The appraiser estimated net annual income of
$59,754, capitalized at 8.0%, resulting in a market value of $750,000 via the
income approach. The purchase price of $830,000 is within the range of the
comparable sales. The five percent
contingency is being budgeted to cover the cost of environmental review, survey
and closing costs. PFC and FDOT funding
is available for the purchase of this property.
All purchases, sales and exchanges of real estate must be approved by a supermajority vote (5 Commissioners)
pursuant to recent amendments to the PREM Ordinance. Countywide (HJF)
C. COMMISSION
ON ETHICS
1. Staff recommends
motion to approve: a Memorandum of Understanding with the Boca Raton
Airport Authority to engage the services of the Palm Beach County Commission on
Ethics. SUMMARY: This Memorandum
of Understanding will allow the Boca Raton Airport Authority to engage the
services of the Commission on Ethics and its Executive Director. This
action addresses the Airport Authority’s desire to subject itself to the
County’s ethics regulations. District 4 (LB)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
D. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving Citibank, N.A. or an affiliate thereof as
the payee, within the meaning of Palm Beach County Ordinance No. 2002-022, of
the not exceeding $9,500,000 Housing Finance Authority of Palm Beach County,
Florida, Multifamily Housing Revenue Debt Obligations (Colonial Lakes
Apartments Project) (the “Debt Obligations”), the proceeds of which are to be used
to make a mortgage loan to Colonial Lakes Apartments, Ltd. to be used to
finance the costs of the acquisition, construction and equipping of an
approximately 120 unit multifamily rental housing development for families of
low or moderate income; and providing an effective date. SUMMARY: The Debt Obligations are being issued by the
Housing Finance Authority of Palm Beach County, Florida (the “Authority”),
pursuant to a plan or plans of finance, to finance a portion of the costs of
acquisition, construction and equipping by Colonial Lakes Apartments, Ltd. (the
“Borrower”) of an approximately 120 unit multifamily rental housing facility to
be known as Colonial Lakes Apartments, to be located on the SW corner of the
intersection of Lake Worth Road and Westview Street, in the unincorporated area
of Palm Beach County, to be rented to qualified persons and families in Palm
Beach County. The County, by the adoption of Resolution R2011-9050 on June 21,
2011, previously approved the issuance of the Debt Obligations as required by
Section 147(f) of the Internal Revenue Code of 1986, as amended. Bryant Miller
Olive is Bond Counsel to the Authority with respect to the Debt Obligations.
There will be no underwriter for the Debt Obligations since the Authority will deliver
the Debt Obligations directly to Citibank, N.A. or an affiliate thereof, as the
purchaser thereof. Neither the taxing power nor the faith and credit of the
County, nor any County funds, shall be pledged to pay principal or redemption
premiums, if any, or interest on the Bonds. District 2 (PFK)
E. PUBLIC
SAFETY
1. Staff recommends
motion to adopt: Resolution of the Board of County Commissioners of
Palm Beach County, Florida repealing Resolution 2005-1609, which will dissolve
the Animal Care and Control Advisory Committee. SUMMARY: At the June 7, 2011 board meeting, the Board
of County Commissioners directed staff to identify advisory boards that are no
longer needed. The Animal Care and Control Advisory Board was created in 1977
and charged with receiving reports on and discussing ideas involving animal
matters and proposing projects to benefit animals in Palm Beach County. In 1993, the membership of the Advisory Board
was reduced. In 2005, the
membership of the Advisory Board was changed to consist of professionals in the
field of animal welfare, animal science and public health. Meetings are held quarterly and the majority
of meetings do not have a quorum. Staff recommends dissolving the Advisory
Board, but will continue to work with local animal organizations, citizens and
professionals in the field of animal welfare.
The Division will continue to accept citizen input and volunteer support
on all issues relating to improving animal welfare. Countywide (SF)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
F. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve:
a Waiver to exceed the $35,000 funding limit under the Community
Development Block Grant (CDBG) Residential Rehabilitation Program (Program) for
Preston and Juanita Boyce, by authorizing an additional $6,605.10 to complete
the rehabilitation project at their Pahokee home. SUMMARY: In accordance with the Program policies,
Preston and Juanita Boyce were approved for $35,000 for a rehabilitation
project at their Pahokee home. A
previously undetected leak was discovered in the course of the project that
requires additional plumbing repairs as well as repairs to a section of the
bathroom wall. In addition, the local
building official has required plumbing and electrical corrections to the water
heater, and hand railings for the steps at the front and side doors. The
original project cost, before the addition of the funds requested herein, was
$35,610.70, with $35,000 being funded through the Program and $610.70 being
contributed by the homeowners. The cost of this additional work (including
closing costs) is $6,605.10, which will bring the total project cost to
$42,215.80. Since the funding will
exceed the $35,000 funding limit under the Program, a waiver to the applicable
Program policies is necessary in order to enable the additional work to be
completed. All funding provided to homeowners under the Program is secured by a
mortgage and promissory note. These are federal Community Development Block
Grant funds which require no local match.
(CREIS Section) District 6 (TKF)
G. WATER UTILITIES
1. Staff recommends
motion to approve: a one (1) year extension to all Water
Utilities Department Development Agreements and Renewal Agreements that are
scheduled to expire on or after September 30, 2011, and before September 30,
2012. Summary: Developers
who meet certain criteria as outlined in the Water Utilities Department’s
Uniform Policies and Procedures Manual (UPAP) are required to enter into
Development Agreements (Agreement) to reserve potable water, wastewater, and/or
reclaimed water capacity (Capacity) for their projects. The terms of the Agreement require the
submittal of a Mandatory Agreement Payment (MAP) to reserve Capacity for a
period of five (5) years. Any unused
Capacity remaining in the Agreement after five (5) years can be renewed for one
(1) additional five (5) year term upon payment of another MAP and execution of
a Renewal Agreement. No further renewals
are available after ten (10) years as prescribed by UPAP. On January 13, 2009 (Agenda Item 3K-1), WUD
recommended and the Board approved an additional one (1) year extension of
Development Agreements and Renewal Agreements due to the continued economic
downturn that has reduced development activity. The one (1) year
extension was approved for Development Agreements set to expire between the
period of September 1, 2008, and September 30, 2013. Additionally, Section
14(1), Chapter 2009-06, Laws of Florida, provided for a two (2) year extension
for development orders and building permits expiring between September 1, 2008
and January 1, 2012. Although the County Attorney’s Office determined
that these laws do not apply to the WUD Agreements, the Department recommended
it due to its minimal impact on operations. As the forecast for the economy remains
grim and development activity remains sluggish, staff is recommending that the
Board approve an additional one (1) year extension of Agreements. The extension
will not apply to any Agreements entered into on or after October 1, 2011. Districts
1, 2, 3, 5 & 6 (MJ)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
H. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) adopt a Resolution to
approve Amendment Number Eight to the County Incentive Grant Program Agreement
R2001-2157 (Agreement) with the State of Florida Department of Transportation
(FDOT) to provide for a reallocation of
up to $1,000,000 of the existing matching roadway construction funding for
median beautification on Okeechobee Boulevard from State Road 7 to Florida’s
Turnpike (Improvements) and a Maintenance Memorandum of Agreement (MMOA) to
ensure the maintenance of the Improvements;
B) approve an exception to
the 2002 policy that restricts Palm Beach County’s (County) installation of
median beautification to areas that are unincorporated and not contiguous to a
municipality;
C) approve an Interlocal
Agreement with the City of West Palm Beach (City) under which the City agrees
to accept all maintenance obligations for the Improvements; and
D) authorize the County Engineer or his designee to issue a Task Authorization
not-to-exceed $1,000,000 to construct the Improvements utilizing the Annual
Roadway Landscaping Contract.
SUMMARY: Adoption of the Resolution
to approve
Amendment Number Eight and approve the MMOA will establish a reallocation of up
to $1,000,000 of budgeted but unused roadway construction funding for the
Improvements and will obligate the County to maintain the Improvements. The
County will then pass the maintenance obligations to the City. Approval of the
Interlocal Agreement will obligate the City to accept all maintenance
responsibilities for the Improvements. In accordance with the terms of the
original Agreement, 50/50 (County/FDOT) matching funding would be utilized to
install the Improvements. The County’s one-time cost of $500,000 is available
in the roadway project’s previously approved budget. Districts 2 & 6 
(MRE)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
H. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve:
A) a Contract with GLF Construction Corporation
(GLF), in the amount of $29,681,238.26 for the construction of the Ocean Avenue
(Lantana) Bridge over the Intracoastal Waterway (Project);
B) a Budget
Amendment of $12,250 in the
Transportation Improvement Fund to recognize Utility relocation
reimbursement from the Town of Lantana ($2,500), AT&T ($4,875), and Comcast
Cable ($4,875) and appropriate it to the Project’s account;
C) a Budget Transfer of $60,000 within
the $25 Million General Obligation Parks and Cultural Improvement Bond Fund –
2003 from Reserves to the Project’s account; and
D) Change Order No. 1 to increase the
contract amount by $154,000. This will cover the potential additional costs
that may be charged by the Town of Lantana for a construction staging area for
the Project. This will bring the amount available to be paid to the Town
of Lantana to $327,000 per year for the proposed two (2) year project. This
staging area will be in portions of the Town parks on the north and south sides
of Ocean Avenue.
SUMMARY: Approval of this Contract, Budget
Amendment, Budget Transfer and Change Order No. 1 will allow Palm Beach County
(County) to issue a Notice to Proceed to GLF, a Dade County company, to begin
construction of the Project. Time to complete all work under this contract
shall be no more than 705 calendar days, and will involve a complete closure of
the bridge for 600 of those days. The
Small Business Enterprise (SBE) participation committed for the Project by GLF
is 9.09% overall and does not meet the 15% SBE requirement for this
Project. The remaining bidders, however,
fall outside the dollar range for ranking of responsive bidders. The second and
third place bidders, both out of county, also did not meet the SBE requirement.
The new bridge will include a $560,000 fishing pier under the west end of the bridge,
paid for by Park’s bond fund. District 4 (MRE) (Engineering)
SEPTEMBER 13, 2011
6. REGULAR
AGENDA
H. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to:
A) open the Municipal Services Taxing Unit (MSTU)
program for the Fargo Avenue and El Paso Drive/Pancho Way/Pinto Drive (east end
only) road improvement projects;
B) provide interim courtesy maintenance upon receipt
(at no cost) of any needed right-of-way;
C) authorize
modification of the MSTU Ordinance to allow a percentage up to 100% of project costs to be assessed for these two (2)
projects;
D) propose assessments equal to 50% of the project
cost, with the exception of any road adjacent to a canal, where the historical
MSTU percentage calculation shall be used when adjacent to a canal;
E) provide
the most cost effective paved surface for these roads, which may or may not
involve installing drainage to meet current County standards; and
F) direct staff to immediately proceed to hire
a consultant to design the projects; and
G) direct staff
to proceed with the MSTU process, finishing the design and bidding the
projects, followed by a public hearing to establish the maximum dollar
assessments for each project.
SUMMARY: The above
roads are in the Ranchettes and are located west of the Florida Turnpike and
north of Lake Worth Road. Accepting
Fargo from El Paso to Arrowhead into the MSTU program would allow the County to
begin maintenance of the shell rock road as it exists today in a public right-of-way. Staff estimates that an initial cost of
$38,000 would be required to bring the road to County standards for shell rock
roads. Annual maintenance costs would be approximately $7,800. Staff will be
determining the most cost effective option to pave the road and will then
inform the Board of the recommended construction option when it brings the MSTU
assessment roll for Board adoption. The other three (3) roads (El Paso, Pancho
and the east end of Pinto) have recently been privately treated with crushed
asphalt to improve the rideability and lessen maintenance, with the work paid
for by some of the residents. These
three (3) road rights-of-way are still owned by the original developer. In the past, he has dedicated rights-of-way,
at no cost, to the County upon request. Staff
recommends that the County accept maintenance when the rights-of-way are
obtained. Staff would recommend that, at a minimum, the proposed improvement
include a new surface on the three (3) roads, along with guardrails along El
Paso. Again, the existing drainage may
not be changed with the installation of the new paved surface. County MSTU funds would be used for up-front
money for the projects, and will provide the funding required for the
construction costs over assessment receipts. District 6 (MRE)
* * * * * * * * * * * *
SEPTEMBER 13, 2011
A. ADMINISRATION
(Water
Resources Task Force)
1. Staff recommends
motion to ratify: the appointment of David Stewart of the Town of
Lantana as a member for one (1) of the League of Cities seats on the Palm Beach
County Water Resources Task Force (Seat No. 6), and J.P. Sasser of the City of
Pahokee (Seat No. 6) and Dawn Pardo of the City of Riviera Beach (Seat No. 5)
as alternate members for the League of Cities seats on the Palm Beach County
Water Resources Task Force, effective September 13, 2011. SUMMARY: The
Water Resources Task Force is comprised of 14 members: six (6) City elected
officials; one (1) County Commissioner; one (1) special independent district
water and/or wastewater provider or utility water or wastewater provider
representative; one (1) Lake Worth Drainage District representative; one (1)
drainage/water control district representative; one (1) South Florida Water
Management District Governing Board member; one (1) environmental
representative; one (1) land owner actively farming to represent agricultural
interests; one (1) Indian Trail Improvement District representative. The
resolution also requires designated alternates for each seat. Due to the recent
resignation of a few of the League of Cities Task Force members, one (1) new
member and two (2) new alternates submitted by the League of Cities need to be
ratified by the Board of County Commissioners. Countywide (MJ)
(Health
Facilities Authority)
2. Staff recommends
motion to approve: reappointment of the following individuals to the
Palm Beach County Health Facilities Authority (Authority) for the term
September 13, 2011, to April 30, 2015:
Nominees Seat No. Seat
Requirement Nominated
by:
Dr. James T. Howell 4 Palm
Beach County Resident Comm.
Burdick
Comm.
Abrams
Comm.
Taylor
Comm.
Marcus
Tenna Wiles 5 Palm
Beach County Resident Comm.
Burdick
Comm.
Vana
Comm.
Abrams
Comm.
Taylor
Comm.
Marcus
SUMMARY: Chapter 154.207, Florida Statutes, allows for the creation
of a Health Facilities Authority, and
in 1977, the Board of County Commissioners adopted Resolution R77-379, creating
the Authority. The Authority is comprised of five (5) at-large residents of
Palm Beach County. Dr. Howell has served
on the Authority since 2008, and Ms. Wiles has served since 2007. Both are
eligible to serve another term and have expressed a desire to be reappointed. A
memo was distributed to the Board of County Commissioners on August 4, 2011
requesting nominations. No other nominations were received. District 4
(TKF)
SEPTEMBER 13, 2011
7. BOARD
APPOINTMENTS
A. ADMINISRATION (Cont’d)
(Fire Rescue Level of Service Committee)
3. Staff recommends
motion to approve: appointment
of the following individual to the Fire Rescue Level of Service Committee to
complete the unexpired term of Kurt Bressner, who resigned and whose term
expires March 15, 2012:
Nominee Seat Category
David Harden 3 Manager-Large
City
SUMMARY: Palm Beach County Resolution R2004-0494
established the Fire Rescue Level of Service Committee (LOS Committee). It consists of nine (9) members representing
specific categories, each serving a term of three (3) years after the initial
start up. The League of Cities has recommended City Manager Mr. David Harden,
City of Delray Beach as a replacement for Mr. Bressner, who has resigned. Mr. Harden meets the seat requirement and has
satisfactorily completed all applicable training requirements. Countywide
(SB)
(Health Care District)
4. Staff recommends motion to approve: appointment of one (1) individual to the Health Care District of Palm Beach County (HCD), to fill the seat vacated by Dr. Effie Grear, for a four (4)-year term commencing October 1, 2011, and ending September 30, 2015:
Nominee Seat No. Seat Requirement Nominated By
Sandra
Chamblee 2 Glades Area Resident Comm.
Marcus Comm. Santamaria
OR
Brian
Lohman 2 Glades
Area Resident Comm. Aaronson
Comm. Abrams
Comm. Burdick
Comm. Taylor
Comm.
Vana
Summary: Per Chapter 2003-326, Laws of Florida,
the HCD is comprised of seven (7) members. The appointing authority shall
consider the diverse geographic areas of Palm Beach County in selecting
individuals to serve on the HCD, and at least one (1) person, but not more than
two (2) shall reside in the Glades Area.
The Governor shall appoint three (3) members; the Board of County
Commissioners shall appoint three (3) members, one of which must be an elected
official at the time of appointment; and one (1) member shall be the director
of the Palm Beach County Health Department.
Members may serve two (2), four (4)-year terms. Seat No. 2 is currently occupied by Dr. Effie
Grear. Dr. Grear will be completing her second and final term on September 30,
2011. Both candidates for Seat No. 2 meet the requirements for District Board
members. Countywide (TKF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 13, 2011
8. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
SEPTEMBER 13, 2011
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
SEPTEMBER 13, 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
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."