BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 18, 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
3. CONSENT
AGENDA (Pages 7 - 33)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 34 -
35)
5. REGULAR
AGENDA (Pages 36 - 39)
TIME CERTAIN 2:00 P.M. (Vehicle for Hire) (Page 39)
6. BOARD
APPOINTMENTS (Pages 40 - 41)
7. STAFF
COMMENTS (Page 42)
8. COMMISSIONER
COMMENTS (Page 43)
9. ADJOURNMENT (Page 43)
* * * * * * * * * * *
OCTOBER 18, 2011
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Executed
agreements related to the Section 108 Loan Program with F & T of Belle
Glade, Inc.
Page 8
3A-2 Resolution 2011-2 by the Water Resources
Task Force encouraging stakeholders to work with SFWMD to develop a water
delivery plan for the Loxahatchee River
3A-3 Contract with The Enterprise Development
Corporation of South Florida, Inc. to provide business assistance and support
services for development and expansion of microenterprises in PBC
3A-4 Contract with PBC Black Business Investment
Corporation to provide consulting and financial assistance to small business in
PBC
Page 9
3A-5 Contract with The Center for Technology,
Enterprise and Development to provide business assistance and support services
for development and expansion of microenterprises in PBC
3A-6 Amendment to Community Development Block
Grant Economic Development Set-Aside Program budget
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 List of errors, insolvencies, double
assessments, discounts & value adjustment board reductions on the 2010
assessment roll
3B-5 Change
orders, work task orders, minor contracts, and final payments
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Agreement
with Nutting Engineers of Florida for testing lab services
D. COUNTY ATTORNEY
Page 11
3D-1 Agreement with Anne H. Ford, P.A. for
litigation services related to Frank Nicastro v. PBC
E. COMMUNITY SERVICES
Page 11
3E-1 Amendments
to Ryan White Part A HIV Health Support Services Contracts
3E-2 Resolution
amending HIV Comprehensive AIDS Resources Emergency Council
Page 12
3E-3 Contracts
with nine (9) financially assisted agencies for various services/activities
F. AIRPORTS
Page 13
3F-1 Supplemental
Joint Participation Agreement with FDOT regarding Southside hangar development
and infrastructure at PBC Park Airport
3F-2 FAA
Grant Agreement to conduct wildlife hazard assessment at PBC Park Airport
3F-3 FAA
Grant Agreement for apron rehabilitation design and airfield electrical
improvements design at PBC Glades Airport
3F-4 FAA
Grant Agreement for terminal roof improvements at PBIA
3F-5 Other
Transportation Agreement with Dept. of Homeland Security for improvements to
checked baggage screening system at PBIA
Page 14
3F-6 Amendment
No. 1 with Gilbane Building Company relative to terminal roof improvements at
PBIA
3F-7 Administrative
Amendment to seven (7) JPAs with FDOT for various airports improvement projects
Page 15
3F-8 Fourth
Amendment to Lease Agreement with MSP Partners Realty for Airport Center Hilton
Hotel
OCTOBER 18, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
(Cont’d)
Page 16
3F-9 Fifth
Amendment to Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc.
3F-10 Three (3) PBSO Trespassing Enforcement
Affidavits for three (3) PBC airports
3F-11 Delegate signatory authority to sign Extension
of Time to JPAs with FDOT
3F-12 Preferred General Aeronautical Services
Provider Program for PBIA
Page 17
3F-13 Three (3) extensions and amendments to Airline-Airport Use and Lease
Agreements with Southwest, JetBlue and Delta
3F-14 License Agreement with Airport Terminal
Services for office space in PBIA
3F-15 General Aeronautical Services Permit with Air General, Inc. for
support services to airline/charter operators at PBIA
3F-16 Off-Airport Parking Lot Operator Ground Transportation Permit with
Phillips Palm Beach (d/b/a Holiday Inn Palm Beach Int’l Airport)
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Contract
with Sisca Construction Services for construction of Fire-Rescue Station No. 74
3H-2 First Amendment to Sub-Lease Agreement with
Boys & Girls Clubs of Palm Beach County regarding old Lake Shore Middle
School (gym) and adjacent land
Page 19
3H-3 Extension of Concessionaire Service Agreement
with Tennis Insights, Inc. relative to concession building at South County
Regional Tennis and Racquetball Center
3H-4 Declaration of Flowage Easement in favor of
PBC for two (2) drainage pipes for Seacrest Blvd. and Hypoluxo Rd
3H-5 Purchase
Order with FPL related to Central Detention Center
Page 20
3H-6 Extension
of Lease Agreement with Aspen Skees Road for office warehouse space for PBSO
3H-7 Annual
contracts with 16 vendors for general building minor construction services “as
needed”
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Budget
Amendment related to State Housing Initiatives Partnership Program
3I-2 Amendment
No. 4 with Seagull Industries for the Disabled for building renovations
Page 22
3I-3 Four
(4) amendments under the Federal HOME Investment Partnership Program
J. PLANNING, ZONING & BUILDING
Page 22
3J-1 Resolution changing street name of Lake
House Drive South to Lake House Drive (Old Port Village Plat 2)
K. WATER UTILITIES
Page 23
3K-1 CSA No. 1 with Holtz Consulting Engineers
for the South County Pre-stressed Concrete Cylinder Pipe evaluation
3K-2 Work Authorization No. 1 to annual asphalt
milling and resurfacing contract with Community Asphalt Corp.
3K-3 CSA
No. 3 with Hazen and Sawyer for a Wastewater Master Plan Update Report
Page 24
3K-4 Receive
and file three (3) standard agreements for Water Utilities
3K-5 Resolution authorizing submittal of a
Funding Assistance Application to FDLE for a State Homeland Security Program
grant for security cameras
3K-6 Extension Agreement with School Board for
operation and maintenance of water and wastewater treatment facilities
OCTOBER 18, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 25
3K-7 Potable
Water and Wastewater Development Agreement with Colonial Lakes, LLC
3K-8 Partial Release of two (2) standard potable
water and wastewater development agreements with Herbert F. Kahlert and Karl A.
Kahlert
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Contract
with Florida Fish and Wildlife Conservation Commission relative to exotic
vegetation removal work
Page 26
3L-2 Indemnification Agreement with Standard
Pacific of South Florida GP, Inc.
3L-3 Interlocal
Agreement with Town of Jupiter relative to the Fullerton Island Enhancement
project, Burt Reynolds staging dock and Riverwalk bridge
M. PARKS & RECREATION
Page 26
3M-1 Receive and file three (3) sound and light
production services contractor agreements
Page 27
3M-2 Receive and file one (2) amphitheater rental
agreement
3M-3 Receive and file five (5) entertainment
contractor agreements
Page 28
3M-4 Non-standard
Sponsorship Agreement with GL Homes relative to sponsorship of four (4)
concerts at Canyon Town Center Amphitheater
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE
Page 38
3P-1 Agreement
with Housing Partnership, Inc. for funding of a part-time program assistant
Q. CRIMINAL JUSTICE COMMISSION
Page 28
3Q-1 Second
Amendment with PBSO regarding funding for Gang Task Force
Page 29
3Q-2 First
Amendment with Pride Integrated Services for misdemeanor probation services
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 29
3S-1 Two
(2) Grant Applications to Dept. of Homeland Security for firefighting
equipment/vehicles
Page 30
3S-2 Budget
Transfer to fund purchase of Self Contained Breathing Apparatus equipment
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
OCTOBER 18, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 30
3AA-1 FDOT Locally Funding Agreement for construction
of bus bay (north side of SR 812)
BB. SHERIFF’S OFFICE
Page 31
3BB-1 FY 2011 DNA Backlog Reduction Program Grant with National Institute
of Justice
3BB-2 Grant Adjustment Notice related to 2010 Paul
Coverdell National Forensic Sciences Improvement Grant
3BB-3 Budget Transfer from Law Enforcement Trust Fund
for various drug and crime prevention, and education programs
Page 32
3BB-4 Grant Adjustment Notice
related to Region 7 Drug Enforcement Strike Force grant
3BB-5 First Amendment with City of Miramar related to
Ft. Lauderdale Urban Area Security Initiative funding (domestic security
activities)
3BB-6 First Amendment with City of Miramar related to
Ft. Lauderdale Urban Area Security Initiative funding (Regional Virtual Fusion
Center)
Page 33
3BB-7 Smart Policing Demonstration Initiative Grant with Dept. of Justice
CC. INTERNAL AUDITOR’S OFFICE
Page 33
3CC-1 Receive and file eight (8) audit
reports
PUBLIC HEARINGS – 9:30 A.M.
Page 34
4A Change
of Name on Certificate of Public Convenience and Necessity to ABM Security
Services, Inc. Elite Protection Services
4B Resolution
confirming special assessment for Michlar Drive, Tamis Trail and 105th
Avenue South paving and drainage project
4C Sewers and Sewage Disposal Ordinance
Page 35
4D Industrial Development Revenue Bonds
(Classical South Florida project)
REGULAR AGENDA
ADMINISTRATION
Page 36
5A-1 FY
2012 Legislative Program
5A-2 Economic
Development Ad Valorem Tax Exemption for Florida South Division, LLC
COMMUNITY SERVICES
Page 36
5B-1 Service
Agreement with American Eldercare, Inc. regarding community-based assistance
FACILITIES DEVELOPMENT & OPERATIONS
Page 37
5C-1 Conveyance
of 0.08 acres to City of West Palm Beach (1028 Lincoln Road)
PLANNING, ZONING & BUILDING
Page 37
5D-1 Interlocal
Agreement with Village of Palm Springs for annexation of six (6) enclaves
OCTOBER 18, 2011
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
PUBLIC
SAFETY
Page 38
5E-1 Vehicle
for Hire Program – TIME CERTAIN 2:00
P.M.
5E-2 Sexual
Offenders and Sexual Predator Residence Prohibition Ordinance
RISK
MANAGEMENT
Page 39
5F-1 Selection of Cigna Health and Life Insurance
Company for claims administration services for the County’s self-insured health
insurance plans
BOARD
APPOINTMENTS (Pages 40 - 41)
STAFF
COMMENTS (Page 42)
COMMISSIONER
COMMENTS (Page 43)
ADJOURNMENT (Page 43)
OCTOBER 18, 2011
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Executed Agreements with F&T of Belle Glade, Inc. under the Palm Beach County Section 108 Loan Program:
A) U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program Variable/Fixed Rate Note B-08-UC-12-0004 for F&T of Belle Glade, Inc. in the amount of $257,000;
B) Request for Advance dated February 25, 2011, from Palm Beach County to HUD for a Section 108 Loan in the amount of $257,000, under Loan Commitment No. B-08-UC-12-0004, for F&T of Belle Glade, Inc.;
C) Letter of Opinion from County’s Counsel to the Secretary of HUD dated February 18, 2011;
D) Letter of Opinion from County’s Counsel to Palm Beach County dated February 18, 2011;
E) Letter of Opinion from Borrower’s Counsel to Palm Beach County and County’s Counsel dated February 18, 2011;
F) Loan Commitment letter from Palm Beach County to F&T of Belle Glade, Inc., dated August 16, 2010, for a $257,000 Section 108 Loan, and Addendum thereto dated January 6, 2011;
G) Palm Beach County Amended and Restated Section 108 Promissory Note dated March 2, 2011, in the amount of $257,000;
H) Section 108 Loan Program Agreement dated February 16, 2011, to grant financing with a Section 108 Loan in the amount of $257,000;
I) Loan Agreement dated February 16, 2011, in the principal amount of $257,000 for the construction and renovation of improvements located on the property, working capital, financing of soft costs, and funding the capitalized interest account;
J) Mortgage and Security Agreement (with Assignment of Leases and Rents) dated February 16, 2011, and recorded with the Palm Beach County Clerk and Comptroller on April 6, 2011, for a maximum principal indebtedness not to exceed $257,000;
K) Guaranty Agreement for Palm Beach County to make a loan in the total principal amount of $257,000 dated February 16, 2011;
L) Environmental Indemnity Agreement dated February 16, 2011, for the property located at 232 South Main Street, Belle Glade, FL 33430;
M) Further Assurances dated February 16, 2011, to execute other documents and assurances, and correct errors or omissions in connection with the $257,000 Section 108 Loan;
N) State of Florida Uniform Commercial Code Financing Statement Form recorded with the Palm Beach County Clerk & Comptroller on April 6, 2011;
O) State of Florida Uniform Commercial Code Financing Statement Form filed with the State of Florida on April 4, 2011; and
P) Mortgage Title Insurance Policy MPF-8030198 for $257,000 in favor of Palm Beach County, issued by Old Republic National Title Insurance Company through Donia A. Roberts, P.A., effective April 6, 2011.
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
1. CONTINUED
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 above Agreements have been executed on behalf of the Board of County Commissioners (Board) by the County Administrator or his designee in accordance with Resolution R2009-0725, and are now being submitted to the Board to receive and file. (EDO) District 6 (DW)
2. Staff recommends
motion to receive and file: Resolution 2011-2 by the Water Resources Task Force. SUMMARY: Per the Resolution that created the Task
Force, it is understood and desired, that the collaborative work of the Task
Force serve as recommendations for state and federal agencies, Palm Beach local
governments, businesses, and residents as each community moves forward with
consideration and decision-making regarding future water resources planning,
development, and management. This Resolution encourages stakeholders to work
with the South Florida Water Management District to work collaboratively to
develop a water delivery plan for the Loxahatchee River from the L-8
Reservoir. Countywide (MJ)
3. Staff recommends
motion to approve: a Contract for Consulting/Professional Services with
The Enterprise Development Corporation of South Florida, Inc. (EDC) totaling
$57,100 funded under the Community Development Block Grant (CDBG) Economic
Development Set-Aside Program FY 2011/2012 for the period of October 1, 2011,
to September 30, 2012. SUMMARY: The
Enterprise Development Corporation of South Florida, Inc. (EDC) is a non-profit
organization whose mission is the development of an innovation-based economy
through the creation of high skill, high wage jobs in key industries that are
driving global commerce. The primary objective of the EDC is to
facilitate the creation and growth of high technology companies. The Contract
with the EDC will provide for operational expenses necessary to provide
business assistance and support services for the development and expansion of
microenterprises defined as “commercial enterprises” that have five (5) or
fewer employees. The Scope of Services for FY 2011/2012 includes creating a
minimum of five (5) full-time equivalent jobs. Funding for EDC is
included in the approved FY 2011/2012 budget. These are Federal CDBG funds which do not require a local match. Countywide
(DW)
4. Staff recommends
motion to approve: a
Contract for Consulting/Professional Services with the Palm Beach County Black
Business Investment Corporation (BBIC) in the amount of $54,000 from October 1,
2011, to September 30, 2012. SUMMARY:
The major objectives of the BBIC are to provide financial resources to new and
existing businesses, and to foster increased employment and social stability
within the Black community. This Contract with the BBIC will provide for
operational expenses necessary to provide consulting and financial assistance
to existing and start-up small businesses in Palm Beach County. The scope of
services outlined for FY 2012 include: obtaining four (4) business loan
approvals from banking/financial institutions for a total amount of $500,000,
serving 270 clients, and creating/retaining 25 full-time equivalent jobs.
Funding is included in the FY 2012 budget. BBIC employee John Howard,
serves on the Commission on Affordable Housing. The Board/Commission provides
no regulation, oversight, management, or policy-setting recommendations
regarding BBIC’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. This $54,000 Contract
is the same as last year’s level of $54,000. These are County ad valorem
funds. Countywide (DW)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to approve: a Contract for Consulting/Professional Services with
The Center for Technology, Enterprise and Development, Inc. totaling $171,100
funded under the Community Development Block Grant (CDBG) Economic Development
Set-Aside Program FY 2011/2012 for the period of October 1, 2011, to September
30, 2012. SUMMARY: The Center for Technology, Enterprise and
Development, Inc. (TED Center), a non-profit organization, is a business incubator with associated programs and
services designed to improve the viability and strength of small businesses. The
primary objective of the TED Center is to provide business resources and
support services for business opportunities. The Contract with the TED
Center will provide for operational expenses necessary to provide countywide
business assistance for the development and expansion of microenterprises
defined as “commercial enterprises” that have five (5) or fewer
employees. The Scope of Services for FY 2011/2012 includes creating a
minimum of 15 full-time equivalent (FTE) jobs countywide. TED Center
employee Seabron Smith, serves on the Treasure Coast Regional Planning
Council’s Comprehensive Economic Development Strategy Committee (CEDS). The
Board/Council provides no regulation, oversight, management, or policy-setting
recommendations regarding the TED Center’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. Funding for the TED Center totaling $171,100 is included in the approved
FY 2011/2012 budget. These are Federal CDBG funds which do not require
a local match. Countywide (DW)
6. Staff recommends
motion to approve:
A) an Amendment to the program budget of the Community Development Block Grant (CDBG) Economic Development Set-Aside Program FY 2011/2012 in the amount of $675,000; and
B) First Amendment to the FY 2011/2012 Annual Action Plan (R2011-1095 thru 1098), to provide funding for three (3) non-profit organizations and the Economic Development Office totaling $675,000 under the CDBG Economic Development Set-Aside Program FY 2011/2012.
SUMMARY: The proposed
Amendment will allow for the funding of three (3) non-profit organizations and
the Economic Development Office to provide assistance and support services for
the development of microenterprises. The
individual organizations include: The Center for Technology, Enterprise and
Development (TED), Inc. ($171,100), the Enterprise Development Corporation
(EDC) of South Florida, Inc. ($57,100), the Business Loan Fund of the Palm
Beaches, Inc. ($129,600), and the Economic Development Office ($317,200). An
amount of $675,000 was set-aside from the FY 2011/2012 CDBG grant allocation
and is available for distribution under the CDBG Economic Development Set-Aside
Program. These are Federal CDBG funds which do not require a local match. Countywide
(DW)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Environmental Control Board May 3, 2011
Child Care Facilities Board August 16, 2011
Regular August 16, 2011
Environmental Control Board August 29, 2011
Zoning August 29, 2011
Workshop August 30, 2011
Joint Workshop/Health Care District Board August 30, 2011
Joint Workshop/ School District September 7, 2011
Budget September 13, 2011
Regular September 13, 2011
Joint Workshop/City of Boca Raton September 15, 2011
Workshop September 27, 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 approve: list of errors, insolvencies, double assessments, discounts & value
adjustment board reductions on the 2010
assessment roll. SUMMARY: Section
197.492, F.S. requires that on or before the 60th day after the tax
certificate sale, the Tax Collector shall make out a report to the Board of
County Commissioners, separately showing the discounts, errors and double
assessments and insolvencies for which credit is to be given, including in every
case except discounts, the names of the parties on whose account the credit is
to be allowed. The Board of County
Commissioners, upon receiving the report, shall examine it; make such
investigations as may be necessary; and, if the board discovers that the Tax
Collector has taken credit as an insolvent item any personal property tax due
by a solvent taxpayer, charge the amount of taxes represented by such item to
the Tax Collector and not approve the report until the Tax Collector strikes
such item from record. Countywide (PFK)
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 August 2011. Countywide
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: an Agreement
with Nutting Engineers of Florida, Inc. (NEF), to provide the necessary
professional construction materials testing, geotechnical engineering and
inspection (testing lab) services on a task order basis, for Palm Beach
Countywide (County) projects, as required. SUMMARY: Approval of this Agreement will provide the necessary
professional testing lab services throughout the County for all user
departments. At the option of the
County, this Agreement may be renewed annually for a period of one (1) year,
with a maximum of two (2) renewals. NEF is a Palm Beach County company. Countywide
(MRE)
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve: an Agreement with the law firm of Anne H. Ford,
P.A., to provide continued litigation services for Palm Beach County in the
Workers’ Compensation matter of Frank Nicastro v. Palm Beach County, with a new cap of
$100,000 in attorney fees and $10,000 in costs and expenses. SUMMARY: The
law firm of Anne H. Ford, P.A., has represented Palm Beach County in the
Workers’ Compensation matter of Frank Nicastro v. Palm Beach County since 2000. The fee cap of $50,000 under a
previous Agreement has been exhausted over the last ten (10) years, and new
disputes, in large part over fee claims by Nicastro’s attorneys, will involve
more intense litigation than the matter has involved for a number of years. Countywide
(AJM)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: amendments to the Ryan White Part A HIV
Health Support Services Contracts (Formula) to extend the contract end periods
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:
A) Amendment No. 1 to Health Care District of
Palm Beach County, Inc. (R2011-0471), to increase the contract by $355,281, for
a new not to exceed total of $775,403; and
B)
Amendment No. 1 to Gratitude House, Inc. (R2011-0470) to increase the
contract by $9,228, for a new not to exceed total of $18,456.
Summary: The original Notice of Grant
Award from HRSA was received on February 16, 2011. An amended grant
award notice was received on September 1, 2011. The grant award is
being received in multiple disbursements this year. The two (2) 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 term. No County funds are required. (Ryan White) Countywide
(TKF)
2. Staff
recommends motion to adopt: Resolution of the Board of County Commissioners of Palm Beach County,
Florida, designating the Palm Beach County HIV Comprehensive AIDS Resources
Emergency Council, hereafter referred to as “CARE Council”, as the HIV services
planning council required under Part A of the Ryan White Act: repealing
Resolution No. R97-1067; and updating grant title to Ryan White Part A and Part
B. Summary:
The proposed Resolution changes the membership requirements of the HIV/AIDS
Comprehensive AIDS Resources Emergency Council (CARE Council) to stipulate that
the board be comprised of no more than 33 members. In addition, the Resolution
will update the title of the grant which has changed to Ryan White Part A and
Part B. (Ryan White) Countywide (TKF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: contracts
with nine (9) financially assisted agencies totaling $1,242,257 for the
indicated activities, for the period October 1, 2011, through September 30, 2012:
A) Aid to Victims of Domestic Abuse, Inc. -
$227,007 for emergency shelter services for women and children who are victims
of domestic abuse;
B) Children’s Case Management Organization, Inc.
d/b/a Families First of Palm Beach County - $85,767 for Kin Support which helps relative caregivers
sustain healthy family functioning;
C) Children’s Case Management Organization, Inc.
d/b/a Families First of Palm Beach County - $46,209 for The Family Self-Sufficiency Program which is
a collaborative with Adopt-A-Family serving economically disadvantaged families
who are at risk for homelessness in Palm Beach County;
D)
Drug Abuse Treatment Association, Inc. ‑ $257,035 for residential
treatment (Walter D. Kelly Treatment Center) and adolescent outpatient treatment
services;
E) Glades
Area Association for Retarded Citizens, Inc. - $185,337, for
food services, supported living and supported employment services;
F) Gratitude House, Inc. ‑ $51,000 for
substance abuse services, day treatment and, residential treatment;
G) Jeff Industries, Inc. ‑
$149,526 for day/night psycho‑social work adjustment and supported
employment services;
H) The Haven, Inc. ‑ $127,464 for
prevention/intervention of child abuse through a therapeutic foster-care
program; and
I) The Young Women’s Christian Association of
Palm Beach County, Florida ‑ $112,912 for Harmony House providing
homeless and domestic abuse services for women and children.
Summary: The information submitted reflects part of
the total $13,229,511 funding approved by the Board of County Commissioners for
the Financially Assisted Agencies Program for FY 2012. Employees Rosalyn Collins of Gratitude House and
Shantreirra Monroe of Families First/Children’s Case Management Organization serve
on a County Advisory Board, the Palm Beach County HIV Care Council. This Board
provides no regulation, oversight, management or policy-setting recommendations
regarding any of the above-listed contracts.
Disclosure of this contractual relationship at a duly noticed public
meeting is being provided in accordance with the provisions of Section 2-443,
of the Palm Beach County Code of Ethics. Other contracts will be forthcoming
upon receipt of all the required information. (Financially Assisted Agency
Program) Countywide (TKF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. 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, and amends the Scope of
Service language included in the Exhibit A. Countywide (AH)
2. Staff recommends
motion to receive and file: Federal Aviation Administration Grant
Agreement Number 3-12-0086-011-2011 in the amount of $94,966 to Conduct
Wildlife Hazard Assessment at Palm Beach County Park Airport. SUMMARY: Delegation of authority for execution of the above
standard form Grant Agreement was approved by the Board of County Commissioners
on October 3, 2006 (R2006-2086). Countywide
(AH)
3. Staff recommends
motion to receive and file: Federal Aviation Administration Grant Agreement
Number 3-12-0060-003-2011 in the amount of $274,280 for the Apron
Rehabilitation Design and Airfield Electrical Improvements Design at Palm Beach
County Glades Airport. SUMMARY: Delegation of authority
for execution of the above standard form Grant Agreement was approved by the
Board of County Commissioners on October 3, 2006 (R2006-2086). Countywide
(AH)
4. Staff recommends
motion to receive and file: Federal
Aviation Administration Grant Agreement Number 3-12-0085-055-2011 in the amount
of $1,375,660 for Terminal Roof Improvements at Palm Beach International
Airport. SUMMARY: Delegation of authority
for execution of the above standard form Grant Agreement was approved by the
Board of County Commissioners on October 3, 2006 (R2006-2086). Countywide (AH)
5. Staff recommends
motion to receive and file: the OTA (Other Transaction Agreement) with
the Department of Homeland Security/Transportation Security Administration in
the amount of $26,736,942 for improvements to the checked baggage screening
system at Palm Beach International Airport. SUMMARY: Delegation of authority
for execution of the above Other Transaction Agreement was approved by the
Board of County Commissioners on August 26, 2011 (Agenda Item 3F9). Countywide
(HJF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve:
A) Amendment No. 1 to the Construction Manager (CM)
at Risk Contract with Gilbane Building Company for the Guaranteed Maximum Price
(GMP) of $1,799,390 for the Construction Phase Services of the terminal roof improvements
at Palm Beach International Airport (PBIA); and
B) a Budget Amendment of $1,889,360 in the Airports
Improvement and Development Fund to provide funding for the terminal roof improvements
at PBIA for project expenditures, including design costs, inspection,
permitting and various fees, and to recognize $1,375,660 of Federal Aviation
Administration grant funding; and
C) a Budget Transfer of $250,000 in the Airports
Passenger Facility Charge Fund (PFC) to transfer PFC funds to the Airports Improvement
and Development Fund, including a transfer from PFC Reserves.
SUMMARY: On April
5, 2011, the County entered into a CM at Risk Contract with the Gilbane
Building Company for the terminal roof improvements at PBIA (R2011-0492). On April 21, 2011, the Department of Airports
approved Task Authorization No. 1 for Pre-Construction Services in the amount
of $22,485 for the purpose of establishing the GMP for the Construction Phase
Services of the terminal roof improvements at PBIA. Approval of Amendment No. 1 will allow the
Contractor to begin construction of the roofing improvements. The Gilbane Building Company is a Rhode
Island based firm with the majority of the work under this contract to be
completed through their Palm Beach County office in Jupiter using local
subcontractors. However, this project is
federally funded and under the federal guidelines, local preference does not
apply. In addition to this project being eligible for Federal Aviation Administration grant
funding, it is also eligible for Passenger Facility Charge funding. The Disadvantaged Business Enterprise (DBE) goal for this contract
was established at 15%. DBE
participation for work under this contract is anticipated to be 15%. Construction work will not commence until the
GMP is approved; therefore, there is no DBE participation to date under this
contract. Countywide (JCM)
7. Staff recommends motion to receive and file: an Administrative Amendment to seven (7) Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT), approved by the Board of County Commissioners (BCC) on August 16, 2011 for the following projects:
A) Southside Pavement and
Infrastructure Improvements at Palm Beach County Park Airport – (R2011-1158);
B) Terminal Apron
Rehabilitation and Taxilane Construction at Palm Beach County Glades Airport –
(R2011-1159);
C) Concourse B Terminal
Ramp and Taxilane at Palm Beach International Airport - (R2011-1155);
D) Construct Hangars at
North Palm Beach County General Aviation Airport - (R2011-1157);
E) Upgrade and Expand
Baggage Facility at Palm Beach International Airport - (R2011-1153);
F) Miscellaneous Taxiway
Rehabilitation and Repair at Palm Beach International Airport - (R2011-1156);
and
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. MOTION/TITLE CONTINUED
G) Airport Strategic Business Development Plan
(Phase II) at Palm Beach International Airport – (R2011-1154).
SUMMARY: The FDOT amended
Exhibit A, Scope of Services, of the seven (7) JPAs by providing for additional clarification in
the Scope of Services as it relates to the Design Phase and the Construction
Phase associated with the project, specifically including additional
requirements for invoicing and changes to the approved Scope of
Services. Delegation of authority for
execution of the above Administrative Amendment was approved by the BCC on
September 23, 2008 (3F3 – Item B). On
August 30, 2011, the Administrative Amendment was executed by the Director of
Airports. Countywide (AH)
8. Staff recommends
motion to approve: Fourth Amendment to the Lease Agreement (Lease)
(R92-471D) with MSP Partners Realty, LLC (MSP Partners), for the Airport Center
Hilton Hotel (Hotel), providing for an extension of the initial term of the
Lease to December 31, 2060, with one (1) - 15-year option to extend pursuant to
Article VI, Section 22-104(d)(1) of the Palm Beach County Code; increasing the
minimum guaranteed annual rental from $110,000 to $300,000 and percentage
applicable to percentage rent; providing for annual adjustment to the minimum
guaranteed annual rental; and providing for the removal of a restriction prohibiting
the development of a hotel on the Palm Beach International Airport (PBIA). SUMMARY: The Lease currently
expires on March 19, 2025, and provides for options to extend for an additional
35 years until 2060. Pursuant to the First Amendment to the Lease
(R2006-0273), three (3) of the options to extend are contingent upon the
completion of certain improvements to the Hotel, including expansion of the
meeting room facilities and construction of additional guest rooms. This
Amendment amends the initial term of the Lease, providing for an expiration
date of December 31, 2060, with no contingencies. This Amendment also provides
one (1) - 15-year option to extend the Lease subject to a minimum capital
investment of $3,000,000 by December 31, 2035. The Lease currently
provides a fixed minimum guaranteed annual rental of $110,000 and for
percentage rental payments of 4.5% to 5% of the Hotel’s annual gross receipts.
This Amendment provides for an increase in the minimum guaranteed annual rental
to the County to $300,000 and for annual adjustments to the minimum guaranteed
annual rental based upon 85% of the percentage rental for the prior lease year.
This Amendment also provides for an increase in the percentage applicable to
percentage rental payments to 5.03% of annual gross receipts and for increases
in the percentage payable to the County based on increases in the Hotel’s
annual gross receipts up to a maximum of 6.03% during the initial term. This
Amendment provides for a further increase in percentage rental payments during
the extended term up to a maximum of 6.28% of annual gross receipts. The
Lease currently provides for a restriction prohibiting the construction of a
new hotel on PBIA. This Amendment removes the restriction, allowing the potential
for development of a hotel on PBIA, subject to certain limitations. The
Lease does not currently provide for a security deposit. This Amendment
requires MSP Partners to post a security deposit of 15% of the minimum
guaranteed annual rental. This Amendment also clarifies and updates audit and
insurance provisions. Countywide (HJF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to approve: a Fifth Amendment to Airline-Airport Use and Lease
Agreement with Delta Air Lines, Inc. (“Delta”), authorizing Delta to sell
alcohol in its VIP room (“Delta Crown Room”) at the Palm Beach International
Airport (“PBIA”) subject to payment of a privilege fee of 15.1% of gross
revenues to the County from alcohol sales.
SUMMARY: This Amendment will provide for the sale of
alcohol within the Delta Crown Room. Delta will pay the County 15.1% of
all gross revenues from the sale of alcoholic beverages in consideration of the
privilege of selling alcohol within the PBIA Terminal Building, which is equal
to the percentage payable by PBIA’s food and beverage concessionaire.
Food and beverages are currently provided by Delta on a complimentary basis
only. Delta requested the right to charge for alcohol sales within the
Delta Crown Room. Countywide (AH)
10. Staff recommends
motion to receive and file: three (3) Agreements for the Department of Airports:
A) Palm Beach County
Sheriff’s Office Trespassing Enforcement Affidavit for North County General
Aviation Airport (F45) for two (2) years commencing August 4, 2011;
B) Palm Beach County
Sheriff’s Office Trespassing Enforcement Affidavit for Palm Beach County Glades
Airport (PHK) for two (2) years commencing August 4, 2011; and
C) Palm Beach County
Sheriff’s Office Trespassing Enforcement Affidavit for Palm Beach
County Park Airport (LNA) for two (2) years commencing August 4, 2011.
SUMMARY: Delegation of
authority for execution of standard County agreements above was approved by the
Board of County Commissioners in R2009-1163. Countywide (AH)
11. Staff recommends
motion to authorize: the
County Administrator or his designee to sign an Extension of Time to Joint
Participation Agreements (JPA) with the Florida Department of Transportation
(FDOT) and to make necessary minor changes to the JPA that do not change the
scope of work or terms and conditions of the JPA. SUMMARY:
JPAs issued by the FDOT are normally issued with a duration of
approximately two (2) years; however, an Extension of Time may be requested by
the County prior to the expiration date in order to extend the time of the
agreement to maintain the County’s ability to utilize the funds associated with
the JPA. This item will allow the County
Administrator or his designee to sign the time extensions, as well as to make minor
changes to the language in the JPA. Countywide (AH)
12. Staff recommends
motion to adopt: a Resolution
approving a Preferred General Aeronautical Services Provider Program for the
Palm Beach International Airport (PBIA); authorizing the County Administrator
or his designee to execute a standard form Preferred General Aeronautical
Services Provider Program Agreement (Agreement); and becoming effective upon
adoption. SUMMARY: General
aeronautical service providers perform necessary services in support of airline
and charter operators operating at PBIA, including aircraft ramp, airline
ticketing, aircraft interior cleaning, waste disposal and porter
services. This Resolution establishes a Preferred General Aeronautical Services
Provider Program and standard form Agreement. The Agreement provides for
a fifty percent (50%) reduction in Type 4 terminal rental rates for service
providers that have a lease or license to use space at PBIA and satisfy certain
minimum service standards. This Resolution authorizes the County Administrator
or his designee to execute the standard form Agreement on behalf of the
Board. The Aviation and Airports Advisory Board voted to recommend
approval of the Preferred General Aeronautical Services Provider Program during
its September 21, 2011 meeting. Countywide (AH)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
13. Staff recommends
motion to receive and file: three (3) original Agreements for the
Department of Airports:
A) Agreement for One-Year
Extension and Amendment of Airline-Airport Use and Lease Agreement with
Southwest Airlines Co. to extend the termination date of the Agreement for one (1)
year to expire on September 30, 2012;
B) Agreement for One-Year
Extension and Amendment of Airline-Airport Use and Lease Agreement with JetBlue
Airways Corporation to extend the termination date of the Agreement for one (1)
year to expire on September 30, 2012; and
C) Agreement for One-Year
Extension and Amendment of Airline-Airport Use and Lease Agreement with Delta
Air Lines, Inc. to extend the termination date of the Agreement for one (1) year
to expire on September 30, 2012.
SUMMARY: Delegation of
authority for execution of the standard County agreements above was approved by
the Board of County Commissioners in R2011-0183. Countywide (AH)
14. Staff recommends
motion to receive and file: License Agreement with Airport
Terminal Services commencing July 1, 2011 and expiring July 31, 2011,
automatically renewed in one (1) month intervals thereafter. SUMMARY: Delegation
of authority for execution of the standard County agreement above was approved
by the Board of County Commissioners in R2006-1906. This License Agreement provides for the use
of approximately 223 square feet space within the Palm Beach International
Airport (PBIA) terminal building for use solely for offices in connection with
provision of general aeronautical services at PBIA. Countywide (AH)
15. Staff recommends
motion to receive and file: General Aeronautical Services Permit
with Air General, Inc. commencing on June 1, 2011, expiring September 30, 2011,
renewed automatically on year-to-year basis (10/1 through 9/30). SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the Board
of County Commissioners in R2010-0708. This permit authorizes Air General,
Inc., a general aeronautical service provider, to perform services in support
of airline and charter operators operating at the Palm Beach International
Airport, including aircraft ramp, airline ticketing, aircraft interior
cleaning, waste disposal and porter services. Countywide (AH) (Airports)
16. Staff recommends
motion to receive and file: Off-Airport Parking Lot Operator Ground
Transportation Permit with Phillips Palm Beach, Inc., d/b/a Holiday Inn Palm
Beach Int’l Airport commencing August 17, 2011, terminating September 30, 2011,
automatically renewed on yearly basis (October 1st through September
30th). SUMMARY:
Delegation of authority for execution of the standard County agreement above
was approved by the Board of County Commissioners in R2010-1107. Countywide (AH)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A)
Contract with Sisca Construction Services, LLC in the amount of
$2,921,000 for the construction of Fire-Rescue Station No. 74; and
B) Budget Transfer of $490,000 within the Fire
Rescue Improvement Fund (Fund 3700) Capital Reserves to South Bay Station No.
74.
SUMMARY: This Contract will provide for construction
of a new 7,400 sq. ft. fire station with associated site work located on U.S.
27th North in South Bay. This
project is being funded from ad valorem taxes through the Fire Rescue
MSTU. This station is required in order
to provide a facility meeting Fire-Rescue’s standards and maintain acceptable
response times. The fire station will be
constructed to comply with USGBC (LEED) standards. The Small Business
Enterprise (SBE) goal for this project is 15%.
Sisca Construction’s bid includes SBE participation of 44.3%. Sisca Construction is a Palm Beach County
business utilizing 16% Glades area subcontractors. The contract time is 395 calendar days to
substantial completion. (Capital Improvements Division) District 6 (JM)
2. Staff
recommends motion to:
A) adopt a Resolution authorizing an extension of
the term of a sub-lease pursuant to the First Amendment to Sub-Lease Agreement;
and
B) approve a First Amendment to Sub-Lease Agreement
(R2001-0656) with Boys and Girls Clubs of
Palm Beach County, Inc., to extend the term of the Sub-Lease of the old
Lake Shore Middle School Building 9 (gymnasium) and adjacent land.
SUMMARY: On May 1, 2001, the Board approved a ten
(10) year Sub-Lease Agreement (R2001-0656) with Boys and Girls Clubs for the
lease of the old Lake Shore Middle School Building 9 (gymnasium) and adjacent
land (a/k/a the Bill Bailey Community Center). The County leases the premises
from the School Board of Palm Beach County pursuant to the terms of a Lease
Agreement (R2000-1807) approved by the Board of County Commissioners on October
31, 2000. The leased premises, which are located at 1101 Martin Luther King
Boulevard (formerly SW Avenue E) in Belle Glade, are used by Boys and Girls
Clubs for the operation of various community based youth programs. The County also
uses the premises for the operation of Police Athletic League programs. This
First Amendment extends the term of the Sub-Lease Agreement until October 30,
2015, and provides Boys and Girls Clubs with the right to extend the term for
one (1) additional period of five (5) years, subject to approval by the Board,
provided the County’s Lease with the School Board is in effect. The First
Amendment establishes a procedure by which the County may renegotiate the terms
of the Sub-Lease in order to provide County with additional use rights. In the
event the parties cannot agree on the additional use rights, County may
terminate Boys and Girls Clubs’ sublease of the premises. County shall also
have the right to terminate the Sub-Lease Agreement for budgetary reasons upon
180 days prior written notice, provided that such notice is not given between
December 1 and May 1 annually. The rent will remain at $1 per year. The insurance, indemnification, and default
provisions were modified at the request of the School Board. The First
Amendment also incorporates the Inspector General disclosure language and
updates the non-discrimination and notice provisions. Boys and Girls Clubs has
provided a Disclosure of Beneficial Interests stating that it is a 501(c)(3)
corporation and that no individuals or entities have a beneficial interest in
its assets. The Board’s approval of the First Amendment is subject to the
School Board’s approval. This First Amendment is scheduled to be considered for
approval by the School Board on Oct 19, 2011. (PREM) District 6 (HJF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to receive and file: a notice of exercise of the first option to extend the term of the Concessionaire
Service Agreement (R2008-1867) with Tennis Insights, Inc., for the continued use of the concession
building at the South County Regional Tennis and Racquetball Center in South
County Regional Park west of Boca Raton for $14,848.20/year. SUMMARY: Since November 1, 2008, Tennis Insights has
operated under the current Concessionaire Service Agreement (Agreement) for use
of the concession building at the South County Regional Tennis and Racquetball
Center in South County Regional Park west of Boca Raton. As the Agreement’s
initial term is expiring on October 31, 2011, Tennis Insights is exercising the
first of three (3) one (1) year extension options for the period of November 1,
2011, to October 31, 2012. The guaranteed annual rent will be increased by four
percent (4%) from $14,277.12 ($1,189.76/month) to $14,848.20 ($1,237.35/month)
effective November 1, 2011. The Parks and Recreation Department is satisfied with
Tennis Insights’ performance. The Board has no discretionary authority to deny
the exercise of the option; however, the County may terminate this Agreement
upon ninety (90) days written notice to Tennis Insights. State Statutes do not
require a Disclosure of Beneficial Interest to be obtained when the County
leases property to a tenant. Since the Statute does not require the Disclosure
and as this is an exercise of an option to extend a previously approved
agreement for which a Disclosure was obtained, Staff did not request a new
Disclosure. (PREM) District 5
(HJF)
4. Staff recommends
motion to approve: a Declaration of Flowage Easement in favor of Palm
Beach County for two (2) drainage pipes which provide storm water drainage for
Seacrest Boulevard and Hypoluxo Road, in Lantana. SUMMARY: Palm Beach
County owns 1.14 acres of property located near the southeast corner of
Seacrest Boulevard and Hypoluxo Road in Lantana. Two (2) underground pipes run through the
County property, which serve as storm water drainage for both Seacrest
Boulevard and Hypoluxo Road. The
easement areas vary from approximately 67’ to 210’ in length x 30 feet
wide. The combined easement area total
is approximately 8,333 sq. ft., or 0.19 acre.
This Declaration of Flowage Easement will identify the drainage pipe
locations and provide recorded notice of their existence. (PREM) District 7
(HJF)
5. Staff recommends
motion to approve: authorization for the County Administrator to
approve purchase order with Florida Power and Light (FP&L) in the amount of
$102,796 for services to be performed at the Central Detention Center. SUMMARY:
On May 17, 2011, the Board approved the Stockade Redevelopment Site
Preparation construction work which includes demolishing all buildings not
slated for re-use in the redevelopment and installing new underground utility
and electronic systems infrastructure required to support the postponement of
the Phase 2 Jail Expansion Program by providing continuous utility and electric
system to approximately 400 beds when needed ahead of and during the
redevelopment of the property. The services
being provided by FP&L include underground cable, equipment, and overhead
cable relocations. On September 19, 2011, the Director of Facilities
Development & Operations approved a purchase order for the underground
conduit work in the amount of $128,508 to FP&L. Board approval of the increase
is required due to the total exceeding $200,000 which is the limit of the
Director’s authority. Funding for this
work is from Jail Expansion Bond Issue. (Capital Improvements Division) Countywide/District
6 (JM)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: exercise of the third option to extend the term of
the Lease Agreement (R97-2126D) dated December 16, 1997, as amended, with Aspen
Skees Road, LLC, for 6,000 SF of office and warehouse space located in West
Palm Beach for the Palm Beach County Sheriff’s Office at an annual rate of
$72,240 ($6,020/month). SUMMARY: Since January 1, 1998, the County has leased
office and warehouse space at 1438 Skees Road in West Palm Beach for the Palm
Beach County Sheriff’s Office. The
County does not have any County-owned space available to accommodate PBSO. Due to ongoing capital budget reductions since
2008, no funding is available to proceed with the projects which would make
permanent space available in a County-owned facility. The current term of the Lease Agreement, as
amended, expires on December 31, 2011, and provides for one (1) extension option
for a period of one (1) year. Exercise of this option will extend the term of
the Lease Agreement for one (1) year, from January 1, 2012, through December
31, 2012. The annual rent for this extension period will increase approximately
five percent (5%) from $68,820 ($11.47/SF) to $72,240 ($12.04/SF). In Amendment Number Four approved on
September 14, 2010, the Landlord agreed to not increase rent for the period of
January 1, 2011, through December 31, 2011.
All other terms of the Lease Agreement remain unchanged. (PREM) District 2 (HJF)
7. Staff
recommends motion to approve: annual contracts for general building minor construction services on an
“as-needed” basis for projects typically under $25,000 each:
A) All Site Construction, Inc.
B) AM Construction Group, Inc.
C) Andrea Construction, Inc.
D) CAM Group, LLC
E) Coral-Tech Associates, Inc.
F) Fastrack Management & Consulting, Inc.
G) Foster Construction Group, Inc.
H) Holt Contractors, Inc.
I) M.A.C. Construction, Inc.
J) Newbold Construction, Inc.
K) Randolph & Dewdney Construction, Inc.
L) Ralph Della-Pietra, Inc.
M) Robling Architecture Construction
N) Joe Schmidt Construction, Inc.
O) Sisca Construction Services, LLC.
P) Triton Associates, Inc.
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. CONTINUED
SUMMARY: These
continuing contracts are for one (1) year and are indefinite-quantity contracts
with maximum values of $499,999 for each contract. The work consists of the
general construction services associated with repairs, improvements and
renovations to County properties. Work
is to be awarded as work orders on a lump-sum, competitively quoted basis among
the pool of sixteen (16) pre-qualified general contractors. Contracts will
terminate when a total of $499,999 in work orders is issued to 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. All
contractors are Palm Beach County companies with the exception of CAM Group, LLC
(St. Lucie), Coral-Tech Associates, Inc. (Broward), and Foster Construction
Group, Inc. (Dade). The goal for Small
Business Enterprise (SBE) participation is 15%. When bids are received from the
pre-qualified firms under this contract, local (if applicable) and SBE
preferences will be evaluated and applied at that time. (Capital Improvements) Countywide
(JM)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: a Budget
Amendment of $794,222 to the State Housing Initiatives Partnership (SHIP)
Program’s Fiscal Year 2011-2012 budget. Summary: Palm Beach County will receive an allocation
of $794,222 in funding from the Florida Housing Finance Corporation through the
SHIP Program to implement various affordable housing programs and other related
activities. SHIP regulations require
that at least 65% of a local jurisdiction’s SHIP funding be allocated to home
ownership activities. The Board of
County Commissioners approved the SHIP First Mortgage Loan Assistance strategy
on May 17, 2011 (R2011-0756). These
are State SHIP funds which require no local match. (Fiscal) Countywide
(TKF)
2. Staff recommends
motion to approve:
Amendment No. 004 to an Agreement (R2009-0209) with Seagull Industries for the
Disabled, Inc. (Seagull Industries) to modify the scope of work. Summary: This Amendment modifies the scope of work in
the existing Agreement with Seagull Industries for the renovation of their
facility located at 3879 West Industrial Way, Riviera Beach. This modification will include the
installation of toilets, flush systems, and associated plumbing. These are Federal Community Development
Block Grant funds which require no local match. (Contract Development) District
7 (TKF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends
motion to approve: four (4) Amendments
to the following four (4) Agreements under the FY 2010-2011 Federal HOME
Investment Partnership (HOME) Program to increase the amount funded to $397,049
per recipient, expand eligible activities, and provide time extensions as
follows:
A) Amendment No. 001 to an Agreement (R2010-1750) with Noah Development
Corporation;
B) Amendment No. 001 to an Agreement (R2010-1751) with Neighborhood
Renaissance, Inc.;
C) Amendment No. 001 to an Agreement (R2010-1752) with Word of Faith
Community Development Corporation; and
D) Amendment No. 001 to an Agreement (R2010-1753) with Delray Beach
Community Development Corporation.
SUMMARY: On October 19, 2010, the Board of County Commissioners approved the
funding of these four (4) Community Housing Development Organizations (CHDOs)
in the amount of $323,284. These funds were to be utilized to provide second
mortgage assistance to lower income home buyers. Due to the currently
restrictive first mortgage lending market, and the inability of these home
buyers to secure first mortgages, CHDOs have not been successful in providing
any second mortgage assistance. In order
to provide these CHDOs with more flexibility to assist income eligible home
buyers, the proposed Amendments will permit them to provide both first and
second mortgage program assistance. The
proposed Amendments will increase the original $484,927 funding level to
$1,588,196 to be distributed equally among the four (4) CHDOs. Each CHDO will
accordingly be allocated $397,049. The proposed Amendments will also extend the
expiration date of the Agreements from April 30, 2012, to December, 31, 2012,
to allow CHDOs to utilize the expanded strategy. These are Federal HOME
Program grant funds which require no local match. (MHA) Districts 1, 6
& 7 (TKF)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to adopt:
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
changing the street name of Lake House Drive South to Lake House Drive, located
in the plat of Old Port Village Plat 2. SUMMARY:
Lost Tree Village Property Owners Association is requesting a street name
change for Lake House Drive South, to correct the conflicting street names and
realign their addresses to alleviate any 911 issues. Upon receiving a copy of
the approved resolution, PZ&B Staff will implement the name change by
notifying appropriate parties and agencies (see the attached notification list in
the agenda item.) District 1 (RB)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff
recommends motion to approve: Consultant Services
Authorization No. 1 to the contract for Engineering/Professional Services with
Holtz Consulting Engineers, Inc. (R2011-0635) for the South County Pre-stressed
Concrete Cylinder Pipe Evaluation in the amount of $173,791.53. Summary: On May 3, 2011, the Board of County Commissioners approved
the Water Utilities Department Engineering/Professional Services Contract with Holtz
Consulting Engineers, Inc. (R2011-0635).
This Consultant Services Authorization No.1 provides for the condition
evaluation of the 36" and 42" wastewater pre-stressed concrete
cylinder pipe between Pump Station 9N at Yamato Road and the Southern Regional
Water Reclamation Facility at four (4) aerial canal crossings. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The contract with Holtz Consulting Engineers, Inc. provides for SBE participation
of 95% overall. This Authorization includes
19.15% overall participation. The cumulative SBE participation, including this
Authorization, is 19.15% overall. Holtz Consulting Engineers, Inc. is a local
Palm Beach County Company. (WUD Project No. 11-032) District 5
(MJ)
2. Staff
recommends motion to approve: Work Authorization No.
1 to the Annual Asphalt Milling & Resurfacing Contract, Palm Beach County
Project No. 2011051 with Community Asphalt Corporation (R2010-1216) for the
milling and resurfacing of asphalt roadways in the amount of $398,280.75
associated with the project limits of the South County Water Services Replacement
Project – Phase I. Summary: On August 17, 2010, the Board of County Commissioners approved the County Engineering Annual Asphalt Milling & Resurfacing Contract Project
No. 2011051 with Community Asphalt Corporation (R2010-1216). This Work Authorization No.1 for Water Utilities
Department provides for the milling and
resurfacing of asphalt roadways associated with the project limits of the South
County Water Services Replacement Project – Phase I located in the Palmetto
Pines Residential Area in southwest Boca Raton (west of State Road 7 and just
south of Palmetto Park Road). The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Community Asphalt Corporation provides for SBE
participation of 15% overall. This
Authorization includes 15.2% overall participation. The cumulative SBE
participation, including this Authorization, is 15.2% overall. Community
Asphalt Corporation, Inc. is a local Palm
Beach County Company. (WUD Project No. 06-175) District 5 (MJ)
3. Staff
recommends motion to approve: Consultant Services Authorization No. 3
to the Wastewater Consulting Services with Hazen and Sawyer, P.C. (R2011-0631)
for a Wastewater Master Plan Update Report in the amount of $245,114. Summary: On
May 3, 2011, the Board of County Commissioners approved the continuing Contract
for Wastewater Consulting Services with Hazen and Sawyer, P.C. (R2011-0631) to
obtain engineering/professional service for utility related projects. This
Consultant Services Authorization will provide an update to the County
Wastewater Master Plan which includes updates to wastewater demand projections,
biological loads at the wastewater treatment plant, process equipment capacity
evaluation, and development of a Capital Improvements Program for the County’s
wastewater system. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The
contract with Hazen and Sawyer, P.C. provides for SBE participation of 20%
overall. This Authorization includes 14.97% overall participation. The cumulative SBE participation, including
this Consultant Services Authorization is 13.57% overall. Hazen and Sawyer, P.C. is a local Palm Beach
County Company. (WUD Project No. WUD
11-143) Districts 1, 2, 3, 5 & 6 (JM)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff
recommends motion to receive and file: executed Agreements received
during the month of August 2011:
A) Utility Concurrency Reservation Agreement with Minto
Communities, LLC; No. 09-01061-000 (District 5);
B) Potable Water
and Wastewater Development Agreement (SDA) with Community Land Trust of
Palm Beach County No. 02-01128-000
(District 3); and
C) Standard Potable Water
and Wastewater Development Agreement (SDA) with Arrigo Enterprises, Inc. No.
01-01219-000 (District 2)
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. Districts 2, 3, & 5
(SF)
5. Staff recommends
motion to:
A) adopt
a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, authorizing the Water Utilities
Department to submit a Funding Assistance Application of $60,000 to the Florida
Department of Law Enforcement for a State Homeland Security Program Grant; authorizing
acceptance of the funds if awarded in order to purchase 16 security
cameras for Water Treatment Plant No. 3 and the Central Laboratory; and
authorizing the County Administrator or his designee to execute the grant
documents in order to implement additional security measures at Water Treatment
Plant No. 3 and the Central Laboratory to reduce the possibility of acts of
terrorism; and
B) approve a Budget Amendment of $60,000 in the Water
Utilities Department Capital Improvement Fund to recognize the Florida
Department of Law Enforcement State Homeland Grant.
Summary: This Application will provide an allocation of
$60,000 in federal funds for the Water Utilities Department to purchase 16
security cameras for Water Treatment Plant No. 3 and the Central Laboratory.
This project will provide additional security measures at these sites to reduce
the possibility of acts of terrorism.
The ending date is one (1) year subsequent to the start date. These
are federal funds that do not require a local match. District 5 (MJ)
6. Staff recommends
motion to approve: an Extension Agreement to the Interlocal Agreement with
the School Board of Palm Beach County, Florida, for the Operation and
Maintenance of Water and Wastewater Treatment Facilities. Summary: On August 15, 2006, the Board of County
Commissioners entered into an
Interlocal Agreement (Agreement) (R2006-1461) with the School Board of Palm
Beach County (School Board) to operate and maintain certain water and
wastewater facilities currently associated with the School Board. This
Extension Agreement extends the term of the Agreement with the School Board
through November 14, 2011. The School Board agrees to pay the County
$51,500 for the extended time frame of services. This amount includes all labor costs for the
operation and maintenance services to the facilities and the provision of
required chemicals (excluding electricity) required for the operation and
maintenance services during the extended term.
It is mutually beneficial for the County and the School Board to extend
the Agreement. Districts 1
& 6 (MJ)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
7. Staff
recommends motion to approve: a Potable Water and Wastewater
Development Agreement (Agreement) with Colonial Lakes, LLC. Summary: Colonial Lakes, LLC owns property located on
the Southwest corner of Lake Worth Road and West View Street (west of Haverhill
Rd). In order to provide potable water
and wastewater concurrency reservations for new developments, the Department
requires property owners to enter into a formal development agreement with the
Department. While the Department
Director has been delegated the authority to enter into Standard Development
Agreements, Board approval is being sought in this case due to the timing of
fee payments associated with the development of the property. Colonial Lakes has requested the option of
remitting all associated fees prior to request for service initiation pursuant
to certain loan timing requirements.
Under the terms of the Agreement, remittal of payment prior to service
initiation does not exempt Colonial Lakes from any subsequent fee changes, and
Colonial Lakes is still responsible for remitting the full amount of associated
fees existing as of the time of service initiation. District 2 (MJ)
8. Staff
recommends motion to approve: a
Partial Release of two (2) Standard Potable Water and Wastewater Development
Agreements with Herbert F. Kahlert and Karl A. Kahlert as Co-Trustees of Trust
A under the Will of Fritz M Kahlert, and Herbert F. Kahlert as Personal
Representative for the Estate of Heinz Kahlert. Summary: Property Owner has transferred ownership of a
portion of the property encumbered by a 1997 Standard Potable Water and
Wastewater Development Agreement (R97-780, recorded at ORB 9894, Page 1575); and a 1999 Standard Potable Water and Wastewater Development
Agreement (R99-775, recorded at ORB 10915, Page 1282) (collectively, the
“Agreements”) to Bethesda Healthcare System, Inc. Property Owner has requested that this
portion of the legal description contained in the original Agreements be
released. District 5 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Contract FWC11077 with the Florida Fish and Wildlife Conservation
Commission (FWC) retaining Palm Beach County through its Department of
Environmental Resources Management (ERM) to perform upland invasive exotic
plant control services on a task assignment basis, effective upon execution by
both parties and expiring June 30, 2021; and
B) authorize the County Administrator,
or his designee, to sign all future time extensions, task assignments,
certifications, and other forms associated with this agreement, and necessary
minor amendments that do not change the scope of work or terms and conditions
of this agreement.
SUMMARY: FWC offers
annual opportunities that fund the removal of exotic vegetation from
conservation areas throughout the state. The contract, through task
assignments, will reimburse ERM for exotic vegetation removal work performed in
county natural areas. The current
maximum for task assignments is $100,000 per project per year. The County is not required to match this
amount to comply with conditions of the contract. Countywide (SF)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve: an
Indemnification Agreement with Standard Pacific of South Florida GP, Inc. SUMMARY: In 2002, Strata at
Cypress Lakes Preserve, LLC, a predecessor of Standard Pacific, posted a cash
bond with the County in the amount of $30,324 to secure its obligation to
complete certain tree mitigation on its property pursuant to Vegetation Removal
Permit P-0064-02. The property was
subsequently sold to Engle Homes and ultimately to Standard Pacific. Standard
Pacific has completed all work required by Permit P-0064-02 and has requested
return of the bond. Because a predecessor in interest to Standard
Pacific posted the bond with the County, this Indemnity Agreement is necessary
to indemnify the County from and against any
and all claims to the bond that may hereinafter be made by any third party. District
3 (SF)
3. Staff recommends
motion to:
A) approve an Interlocal Agreement with the Town of
Jupiter for the Fullerton Island Enhancement Project, the expansion of the Burt
Reynolds Park Staging Dock, and a Riverwalk Bridge; and
B) authorize the County Administrator, or his designee,
to sign all future time extensions, minor amendments, or other forms associated
with the Interlocal Agreement and associated easements that do not change the
scope of work or terms and conditions of this agreement.
SUMMARY: On September 6, 2011, the Town of Jupiter
approved the 99 year Interlocal Agreement, which provides easements to the
County to access, restore, operate and maintain Fullerton Island and a staging
dock at Burt Reynolds Park; and provides a temporary construction easement to
the Town to construct the Riverwalk Bridge Project from Burt Reynolds Park West
to A1A. District 1 (AH)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the
following original executed
Sound and Light Production Services Contractor Agreements:
A) City Sound and Recording LLC;
July 4th Celebration, Sunset Cove Amphitheater, on July 4, 2011;
B) City Sound and Recording LLC; U2 by UV
Tribute Act, Seabreeze Amphitheater, on September 3, 2011; and
C) City Sound and Recording LLC;
Rock and Blues Concert, Sunset Cove Amphitheater, on September 17, 2011.
Summary: The Parks and Recreation Department produced
three recent popular cultural events at our amphitheater facilities this
quarter which required outside sound and lighting production contracts. These events were attended by an estimated
8,803 persons and generated positive support and goodwill for the County in
general. 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 above Sound and Light Production Services 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 2009-0592, and are now
being submitted to the Board to receive and file. Districts 1 & 5 (AH)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreement:
Palm Beach Shakespeare Festival Inc., “The Tempest”, Seabreeze
Amphitheater, for the period July 5, 2011, through July 25, 2011.
Summary: The Parks and Recreation Department once again
partnered with the Shakespeare Festival for the 21st season for
Shakespeare’s production of “The Tempest” at Seabreeze Amphitheater in Carlin
Park. Eight (8) evening performances
hosted approximately 8,600 attendees. 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 above Amphitheater Rental Agreement has 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 2009-0335, amended by Resolution
2009-1807, and is now being submitted to the Board to receive and file. District 1 (AH)
3. Staff recommends
motion to receive and file: the following original executed Entertainment Contractor Agreements
for County sponsored community events:
A) Chase Music LLC, Soul Survivors concert,
Sunset Cove Amphitheater, on July 4, 2011;
B) Zambelli
Fireworks Manufacturing Co., fireworks display, Sunset Cove Amphitheater, on
July 4, 2011;
C) Frank LoVerso, Whitestone Band
concert, Canyon Town Center Amphitheater, on August 6, 2011;
D) Maximum Bands Entertainment LLC,
U2 by UV Tribute Act concert, Seabreeze Amphitheater, on September 3, 2011; and
E) Peter Noble, The Fabulous
Fleetwoods concert, Sunset Cove Amphitheater, on September 17, 2011.
Summary: The Parks and
Recreation Department produced four recent popular cultural events at our
amphitheater facilities this quarter attended by an estimated 9,268 persons,
which generated positive support and goodwill for the County in general, for
which contracts were required. 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 above Entertainment 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
2009-1109, and are now being submitted to the Board to receive and file. Districts
1 & 5 (AH)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to approve: a
non-standard Sponsorship Agreement with developer GL Homes, d/b/a Boynton Beach
Associates XVIII, LLLP for the cash sponsorship of a series of four (4) concerts
at the Canyon Town Center Amphitheater. Summary:
The Parks and Recreation Department (Department) utilizes a standard
sponsorship agreement which is executed by the Department Director. This
standard agreement includes a requirement that the sponsor indemnify the
County. Boynton Beach Associates
requested deleting the indemnification provision from the Agreement since the
Agreement only requires Boynton Beach Associates provide funding to the County
for sponsorship rights. Due to the
nature of this sponsorship, which includes Boynton Beach Associates providing
the County with $4,104 to sponsor four (4) events at Canyon Town Center
Amphitheater, the liability exposure is minimal. District 5 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve:
A) an Agreement with Housing Partnership, Inc.
for funding of a part-time program assistant;
B) a part-time program assistant to conduct a
nutrition education program at Highland Elementary School; and
C) a Budget Amendment of $21,706 in the
Cooperative Extension Revenue Fund to recognize new funding. The term of this
Agreement shall begin when executed by both parties hereto and shall terminate
on September 30, 2012.
Summary: Housing Partnership, Inc. (HPI) will provide funding to Palm Beach
County (County) to support a part-time program assistant to conduct the Bridges
Nutritional Program at Highland Elementary School in amount not to exceed
$21,706. The program assistant is a
fully grant funded position and will be eliminated when the grant term has
expired. The funding shall consist of $12,919
for salary plus $2,519 for fringe benefits, $368 for travel reimbursement, $500
for printing costs, and $5,400 for food and supplies for food demonstrations. District
6 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
A) a
Second Amendment to the Interlocal Agreement (R2010-0794) with the Palm Beach
County Sheriff’s Office (PBSO) to extend the expiration date from September 30,
2011, to September 30, 2012;
B) a First Amendment to the Interlocal Agreement (R2010-1927) with the PBSO to extend
the expiration date from September 30, 2011, to September 30, 2012.
SUMMARY:
The Law Enforcement
Planning Council previously recommended to the Criminal Justice Commission
(CJC), and the CJC has previously used grant funds for overtime to support
strategic operations of the Gang Task Force. The strategic operations involved in this initiative are ongoing and
there are unexpended dollars through no fault of either party. The continuing strategic operations will be
coordinated by the Gang Task Force, which is made up of municipal police
departments as well as the PBSO and the Bureau of Alcohol, Tobacco, Firearms
and Explosives. This initiative is two-fold focusing on stopping the illegal
sale and purchase of firearms and combating gang violence. Countywide (GB)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends motion to approve: the First Amendment to the Contract with Pride Integrated Services, Inc. (Pride), to extend the Contract for a maximum six-month term, from December 5, 2011, to June 5, 2012. SUMMARY: The Misdemeanor Probation Services contract is in the Request for Proposal process. The purpose of the extension is to provide time for this process to be completed without a disruption of services. The term of the Contract is amended to provide that the Contract shall continue until June 5, 2012 or when the Request for Proposal selection and transition process is complete, whichever date is first. Upon execution of the First Amendment granting an extension of the contract term, there will not be a charge for the cost of contract monitoring and auditing Pride case files. Pride agrees to the termination of the contract upon completion of the selection and a 60 day transition process if not selected. Countywide (GB)
S. FIRE RESCUE
1. Staff recommends motion to:
A) ratify a Grant Application for firefighting equipment to the U.S. Department of Homeland Security’s (DHS) 2011 Assistance to Firefighters Grant program in the amount of $409,600, with a local match of $102,400, for a total project cost of $512,000; and
B) ratify the Chair’s designation of the County Administrator, or his designee (Division Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the grant application for firefighting equipment via the DHS/FEMA website; and
C) ratify a Grant Application for firefighting vehicles to the U.S. Department of Homeland Security’s (DHS) 2011 Assistance to Firefighters Grant program in the amount of $720,000, with a local match of $180,000, for a total project cost of $900,000; and
D) ratify the Chair’s designation of the County Administrator, or his designee (Division Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the grant application for firefighting vehicles via the DHS/FEMA website.
SUMMARY: The 2011 Assistance to Firefighters Grant (AFG) Program is a competitive grant program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents. This grant program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. Fire Rescue submitted two (2) applications under different priorities offered by the program guidance. If awarded, the grant request for firefighting equipment (mobile data equipment), Fire Rescue will use the $409,600 in federal funding to purchase 160 fully ruggedized, mobile medical clinical assistant units for our Advanced Life Support vehicles. These are handheld computer tablets with touch screens and wireless capability providing an essential tool for quickly conducting patient assessment and related medical functions in a fast and efficient manner, while increasing the accuracy of the data collection during patient contact. If awarded the grant request for firefighting vehicles (fire boats), Fire Rescue will use the $720,000 in federal funding to purchase two (2) firefighting watercraft to provide a comprehensive waterborne firefighting/rescue program. This program will have a regional impact as it will be available to assist other response agencies. Currently, the Department provides land-based assistance.
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
1. SUMMARY CONTINUED
This grant funding would give us the ability to deploy firefighting/rescue boats, thereby lifting current restraints when deploying resources to respond to fires involving marine vessels and dock areas, to provide dive rescue, paramedic response, hazardous material, fuel spill and Chemical Biological Radiological Nuclear Explosive response. Grant rules require submission of grant applications by electronic format in order to assure an efficient review and competitive scoring of all funding requests submitted under this program. The deadline for submission of this Grant Application to the grantor agency was 5:00 p.m. on September 23, 2011. Due to the preparation time, submittal deadlines, and BCC meeting dates, the grant had to be submitted prior to full Board approval. Pursuant to Section 309.00 of the Palm Beach County Administrative Code, the Chair approved these grant applications, which now must be ratified by the Board. The grant applications include certifications of compliance with required assurances and certifications, as stated in the application and related program guidance. Countywide (SB)
2. Staff recommends motion to approve: a Budget Transfer of $3,800,000 within the Fire Rescue Improvement Fund to fund the purchase of Self Contained Breathing Apparatus (SCBA) equipment in fiscal year 2012. SUMMARY: SCBA equipment is a device worn by rescue workers, firefighters, and others to provide breathable air in an Immediate Danger to Life and Health atmosphere. The Department is requesting approval of this Budget Transfer to fund the replacement of existing equipment. Countywide (SB)
AA. PALM TRAN
1. Staff recommends
motion to adopt: a
Resolution approving a Florida Department of Transportation (FDOT) Locally
Funded Agreement (LFA) FM No. 429209-1-52-02 in the amount of $123,677 for the construction of a bus bay on
the north side of SR-812 across from the Lakeside Medical Center in Belle
Glade, western Palm Beach County. Summary: The Florida Department of Transportation
is engaged in a project for the construction of a five-foot sidewalk along the
south side of SR-812/Hooker Highway from Lakeside Medical Center to County
Annex Complex in Palm Beach County. Palm
Tran has requested FDOT to perform additional work on the north side of SR-812
in order to construct a bus bay located across from the Lakeside Center in
order to have Palm Tran buses service the Medical Center. Due to the current absence of American with
Disabilities Act compliant sidewalks, Palm Tran’s west-bound buses are unable
to stop on the north side of SR-812. The
estimated $123,677 local share of the cost for this project will be funded from
Federal Transit Enhancement funding, and per the LFA, within 30 days of
execution of this Agreement, the County will furnish FDOT with a check for the
local contribution to this project. District 6 (DR)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
1. Staff recommends
motion to:
A) accept,
on behalf of the Palm Beach County Sheriff’s Office, a National Institute
of Justice FY 2011 DNA Backlog Reduction Program Grant in the amount of
$482,941 for the period October 1, 2011, through March 31, 2013; and
B) approve a Budget Amendment of $482,941 in the
Sheriff’s Grants Fund.
SUMMARY: On August 23, 2011, the Palm Beach County
Sheriff’s Office (PBSO) received an award for the DNA Backlog Reduction
Program. The Forensic Biology Unit (FBU)
of PBSO accepts casework evidence from over 29 law enforcement agencies
including the Medical Examiner’s Office. These funds will be used to continue to pay
the salary and benefits of two (2) 2008 Backlog Reduction full-time entry level
Forensic Scientists and for equipment, consulting fees, and computer software
licenses. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required until grant funding expires in FY 2013.
Countywide (GB)
2. Staff recommends
motion to receive and file:
Grant Adjustment Notice amending the FY 2011 Florida Department of Law
Enforcement Florida Consortium “2010 Paul Coverdell National Forensic Sciences
Improvement Grant” to extend the grant period from September 30, 2011, through
April 30, 2012. SUMMARY: The Board
of County Commissioners accepted this grant award for $87,262 on March 1, 2011;
the original period for this grant was October 1, 2010, through September 30,
2011 (R2011-0313). This agenda item will extend the grant period from September
30, 2011, through April 30, 2012. The
National Institute of Justice awarded these funds to the Florida Department of
Law Enforcement for the “2010 Paul Coverdell National Forensic Sciences
Improvement Grant.” The Palm Beach
County Sheriff’s Office was awarded funds to improve the quality of forensic
services. Funds provided will be used to purchase a 3D laser scanner to document
crime scenes and evidence and to contract temporary clerical assistance to scan
case files. There is no match requirement associated with this award. No
additional positions are needed and no additional County funds are required. Countywide (GB)
3. Staff recommends
motion to approve: a Budget Transfer of $38,278 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2012 estimated donation requirement will not be
finalized until year-end close-out. The funds are requested to aid qualified
organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The current State LETF balance is $2,562,628.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $2,524,350. The year-to-date
transfer for all donations after approval of this item is $38,278. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective agency. No new positions are
needed and no additional County funds are required. Countywide (GB)
Organization Amount
Audubon Society
of the Everglades $
4,278
Palm Beach County
Police Athletic League, Inc. – Shop with a Cop $34,000
Total Amount of Donations $38,278
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
(Cont’d)
4. Staff recommends
motion to receive and file:
Grant Adjustment Notice amending the Recovery Act Edward Byrne Memorial
Justice Assistance Grant for the Region 7 Drug Enforcement Strike Force to
extend the grant period from September 30, 2011, through December 31, 2011. SUMMARY: The Board of
County Commissioners accepted this grant for $213,649 on July 19, 2011; the
original period for this grant was April 1, 2011, through September 30, 2011
(R2011-1091). This agenda item will extend the grant period from September 30,
2011, through December 31, 2011. The Palm Beach County Sheriff’s Office
received this award to implement the Region 7 Drug Enforcement Strike Force
(RDESF). The RDESF 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)
5. Staff recommends
motion to receive and file: the First Amendment, amending the Agreement
with the City of Miramar, a municipal corporation of the State of Florida, as
the fiscal agent for the Ft. Lauderdale Urban Area Security Initiative to
extend the agreement period for various direct law enforcement oriented
domestic security activities, from May 31, 2011, through August 31, 2011. SUMMARY: On August 18, 2009, the Board of County Commissioners accepted this
agreement to provide $451,337 in reimbursable funding; the original period for
this agreement was August 27, 2009, through May 31, 2011 (R2009-1334). This agenda item will extend the agreement
period from May 31, 2011, through August 31, 2011. This agreement provides a means of
funding various domestic security activities within the County and region using
federal Urban Area Security Initiative (UASI) funds through the City of Miramar
as the Ft. Lauderdale UASI’s fiscal agent. These funds and related equipment
will be used for direct law enforcement activities. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (GB)
6. Staff recommends
motion to receive and file: the
First Amendment, amending the Agreement with the City of Miramar, a municipal
corporation of the State of Florida, as the fiscal agent for the Ft. Lauderdale
Urban Area Security Initiative to extend the agreement period for the Regional
Virtual Fusion Center from May 31, 2011, through August 31, 2011. SUMMARY: On January 12,
2010, the Board of County Commissioners accepted this agreement to provide
$336,900 in reimbursable funding; the original period for this agreement was
August 27, 2009, through May 31, 2011 (R2010-0121). This agenda item will extend the agreement
period from May 31, 2011, through August 31, 2011. This agreement provides a means of funding various domestic security
activities within the County and region using federal Urban Area Security
Initiative (UASI) funds through the City of Miramar as the Ft. Lauderdale
UASI’s fiscal agent. These funds and related equipment will be used for the
Regional Virtual Fusion Center hosted by PBSO. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (GB)
OCTOBER 18, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
(Cont’d)
7. Staff recommends
motion to:
A) accept, on behalf of the Palm Beach County Sheriff’s Office, a Department of
Justice Office of Justice Programs Smart Policing Demonstration Initiative Grant
award in the amount of $275,000 for the period of October 1, 2011, through
September 30, 2013; and
B) approve
a Budget Amendment of $275,000 in the Sheriff’s Grants Fund.
SUMMARY: On September 12,
2011, the Palm Beach County Sheriff’s Office received an award to continue the
Palm Beach County Sheriff’s Office Data-Driven Problem-Oriented Policing
Strategy. The purpose of the strategy is to reduce the number of robberies and
opportunistic crimes occurring within the city and unincorporated area of Lake
Worth. These funds will be used to
continue to pay the salary, overtime, and benefits of the positions funded
through the FY ‘09 award; a full-time Investigator/Lead Detective, and a
Community Liaison. Funding will also be
used for travel, equipment, supplies, contractual and other expenses associated
with the strategy. There is no match requirement associated with this award. No
additional positions are needed. No additional County funds are required until grant
funding expires in FY 2013. Countywide (GB)
CC. INTERNAL AUDITOR’S
OFFICE
1. Staff recommends
motion to receive and file: Audit reports reviewed and approved by the
Audit Committee at its September 21, 2011 meeting as follows:
A) 11-28 Risk Management – Group Health Insurance Prescription Drug
Program;
B) 11-29 Office of Financial Management and Budget
– Municipal Impact Fee Collections City
of Boca Raton;
C) 11-30 Office of Financial Management and
Budget – Public Service Gas Tax Florida
Public Utilities;
D) 11-31 Office of Financial Management and
Budget and Selected County Departments – Interdepartmental
Billings;
E) 11-32 Water Utilities – Inventory Controls;
F) 11-33 County Administration and Selected
County Departments – Consultant Overhead
Rates;
G) 11-34 Office of Financial Management and
Budget – Public Service Gas Tax
Ferrellgas; and
H) 11-35 Public Safety – Animal Care and Control Division Cash Controls.
SUMMARY: Ordinance 2010-006 requires the Internal Audit
Committee to review and approve audit reports prior to issuance and to send
those approved reports to the Board of County Commissioners. At its September
21, 2011 meeting, the Audit Committee reviewed and approved the above audit
reports. The approved reports
are being submitted to the Board of County Commissioners as required by the
Ordinance. Countywide (PFK)
* * * * * * * * * * * *
OCTOBER 18, 2011
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends motion to approve: change of name from Security Services of America, LLC. Elite Protection Services to ABM Security Services, Inc. Elite Protection Services and issue a new “Special Secondary Service” Certificate of Public Convenience and Necessity (COPCN). SUMMARY: Security Services of America LLC, Elite Protection Services currently provides Advanced Life Support (ALS) first response non-transport services as part of their security services to Delaire Country Club, Admiral’s Cove, and Frenchman’s Creek. Security Services of America LLC, Elite Protection Services has undergone new ownership and requires a new COPCN for the areas that they provide services for. A Public Hearing Notice was published in the Palm Beach Post on October 7, 2011. Countywide (GB)
B. Staff recommends
motion to:
1) adopt a Resolution confirming the special
assessment of $19,662.55 per lot for Michlar Drive, Tamis Trail and 105th
Avenue South Paving & Drainage (Project) Project No. 2002136;
2) approve a Contract with Rosso Paving and Drainage,
Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of
$435,519.20 for the Project; and
3) approve a Budget Transfer in the amount of $526,120
in the Municipal Services Taxing Unit (MSTU) Improvement Fund from Reserves to
Michlar Drive, Tamis Trail and 105th Avenue South.
SUMMARY: Adoption of this Resolution will allow Palm
Beach County to assess 50% of the Project cost to the property owners at $19,662.55
per lot for the Project. Assessments will be payable in ten (10) equal annual
installments. Approval of the construction contract will authorize the
Contractor to construct the Project, for a total of approximately 4,064.55 lineal
feet (0.76 miles), on Michlar Drive from Anderson Lane north to Tamis Trail,
Tamis Trail from Michlar Drive east to 105th Avenue South and 105th
Avenue South from Tamis Trail south to 52nd Place South. This work
will include new pavement, driveway reconstruction, and a storm water
management system. The Contractor is a
Palm Beach County business, with 50.6% of the work to be performed by the
contractor. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
Project by the Contractor is 50.61% overall.
District 3 (MRE)
C. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Chapter 27, Article IV, “Sewers and Sewage Disposal” of the Palm Beach
County Code; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances; and
providing for an effective date. Summary: The
Florida Department of Environmental Protection conducted a Pretreatment Program
Audit of the Water Utilities Department’s Pretreatment Program. Part of the
audit was the review of the Wastewater Facilities Use Ordinance (Ordinance),
codified at Chapter 27, Article IV of the Palm Beach County Code, for legal
sufficiency. This Ordinance gives the
Water Utilities Department the authority to administer the Pretreatment
Program. The Program’s objectives are to
prevent the introduction of pollutants to the wastewater collection system that
if inadequately treated, can endanger the wastewater treatment process, plant
operators, transmission workers, and the public with harmful pollutants. In addition, the Program improves the
opportunity for the utilities to improve the quality of reclaimed water,
domestic wastewater sludge, and promote the preservation and enhancement of the
regional ecosystem. The changes to the
Ordinance include updating references to provisions of the Florida
Administrative Code, modifying definitions, relocating the numeric local discharge
and surcharge standards to the Water Utilities Department’s Uniform Policies
and Procedures Manual, revising requirements of the pretreatment application,
modifying industrial wastewater discharge permit conditions, updating
self-monitoring requirements, altering the certification statement, amending
notification requirements of accidental discharge upset or bypass, modifying
notification of discharge of hazardous wastes, and revising penalties for
failure to comply with provisions in the Ordinance. Countywide
(MRE)
OCTOBER 18, 2011
4. PUBLIC
HEARINGS CONTINUED
D. Staff recommends
motion to:
1) conduct a TEFRA public hearing as required by the Internal Revenue Code regarding the request concerning the issuance of Industrial Development Revenue Bonds in an amount not to exceed $4,600,000 (Classical South Florida Project), Series 2011 (the “Bonds”); and
2) approve the Application of Classical South Florida for the issuance of the Bonds.
SUMMARY: Classical South Florida, a Florida non-profit corporation, an entity described in Section 501(c)(3) of the Internal Revenue Code (the “Company”) has applied for the issuance of industrial development revenue bonds by the county in an amount not to exceed $4,600,000. The Bond proceeds will be used to refinance conventional debt incurred by the company to acquire the assets (transmitter site, 6075 State Road 7, Lake Worth, Florida 33467; studio site, 3401 South Congress Avenue, Boynton Beach, FL 33426 and translator site, 525 South Flagler Drive, West Palm Beach, FL 33401) of radio station WPBI (90.7 FM) in order to achieve debt service savings and to finance capital expenditures of the Company. The Bonds will be payable from revenues derived from the Company. 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. Districts 3 & 7 (PFK)
* * * * * * * * * * * *
OCTOBER 18, 2011
A. ADMINISTRATION
1. Staff requests
Board direction: on FY
2012 Legislative Program. SUMMARY: Staff requests the Board’s review of
the draft FY 2012 State Legislative Program. The Legislative Program outlines
the issues that the County’s Legislative Affairs Department, in conjunction
with the County’s lobbying team, will be working on for the Board during the
upcoming Legislative Session. Countywide (DW)
2. Staff
recommends motion to conceptually approve: an Economic Development Ad
Valorem Tax Exemption for Florida South Division, LLC, not to exceed an
estimated $1,700,000 over a seven (7) year period. SUMMARY:
Florida South Division, LLC
is a Florida Corporation whose function is to be the distribution center and
regional headquarters serving ALDI, Inc. stores in South Florida. ALDI, Inc. is a discount grocery store chain
that operates over 1,000 stores in 31 states, with nearly 95% of the company’s
premium products sold under its own private label at prices 40% below
traditional grocery retailers. Florida South Division, LLC’s plans include the
construction of a 500,000+ sq. ft. (expandable to 800,000 sq. ft.) facility
which will accommodate a distribution center and regional headquarters within
the municipal boundaries of Royal Palm Beach.
The distribution center will serve new ALDI stores which are being
constructed in South Florida. The
regional headquarters will provide all management for the South Florida region
for both distribution and retail stores, including human resources, purchasing,
logistics, and general management. The
company has agreed to create 100 new permanent jobs at an average salary of
$46,100 which is 105% over the County’s average salary. Additionally, it is estimated that 280
construction jobs will occur as a result of this project. The Economic
Development Office estimates that this project will have a $112.5 Million
economic impact over a five (5) period. This conceptual approval is contingent
upon the company’s construction of a $43 Million facility, the creation of 100 full-time
new jobs at an average annual salary of $46,100 over a period of three (3) years
from the effective date of the Agreement and retained for five (5) years, and
the determination that the project meets the requirements under Florida Statute
196.012 for an Ad Valorem Tax Exemption. Upon
completion of these requirements, the final Ad Valorem Tax Exemption Application
will be presented to the Board of County Commissioners for consideration and
approval. District 6 (DW)
b. COMMUNITY
SERVICES
1. Staff recommends motion to approve:
A) Service
Agreement with American Eldercare, Inc., for DOSS to provide
community-based assistance as a service provider effective October 18, 2011,
with no fixed expiration date;
B) a Budget
Amendment of $118,950 in the DOSS Administration Fund to reconcile the budget;
and
C) two (2) new Senior Service Aide positions.
Summary: DOSS has the
program and facility capacity to provide community-based services to American
Eldercare, Inc. members. DOSS will offer
Adult Day Care and Congregate Meals to American Eldercare, Inc. members at a
reimbursement rate of $60 for adult day care, $6 for a congregate meal at
DOSS’s meal sites, and $5 for coordination of transportation on an as-needed
basis. This will enable DOSS to generate an estimated revenue base of $119,040
per year, independent from grants and County match, to revert to the operating
budget to serve seniors. DOSS will create two (2) FTE Senior Service
Aide positions, pay grade 12, effective October 18, 2011, to ensure
adequate program staffing. (DOSS) Countywide (TKF)
OCTOBER 18, 2011
5. REGULAR
AGENDA
c. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in 0.08 acres of surplus property to the City of West
Palm Beach without charge and with reservation of mineral and petroleum rights,
but without rights of entry and exploration pursuant to Florida Statutes
Section 197.592(3); and
B)
approve a County Deed in
favor of the City of West Palm Beach.
SUMMARY: The
City of West Palm Beach requested the conveyance of a County-owned unimproved
surplus property located at 1028 Lincoln Road (a/k/a Lincoln Court). The 0.08
acre property was acquired by Tax Deed in December 2010, is located within the
City’s municipal boundaries and has an assessed value of $8,500. The property
is being conveyed pursuant to Florida Statutes Section 197.592(3), which
requires the conveyance of surplus property acquired by Tax Deed to the
municipality in which it is located. The subject property has been declared
surplus and serves no present or future County purpose. The City proposes to
utilize the property in their Affordable Housing Program. Housing &
Community Development has reviewed this conveyance and has no objections. This
conveyance will relieve the County of potential liability for occurrences on
this property and also the cost of maintenance. The County will retain mineral
and petroleum rights in accordance with Florida Statutes Section 270.11,
without rights of entry and exploration. 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. (PREM) District 7 (HJF)
D. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve: an Interlocal
Agreement with the Village of Palm Springs providing for the annexation of six
(6) enclaves, generally located south of Canal Road and north of Lakewood Road
along Gulfstream Road and Coconut Road, and providing for the consent to the
voluntary annexation of the unincorporated County-owned parcel, located on the
southwest corner of Canal Road and Coconut Road. SUMMARY: The Board of County Commissioners
has directed staff to work with municipalities to strategically address
annexations. Chapter 171, Florida
Statutes (F.S.), allows annexation of enclaves less than ten (10) acres through
an Interlocal Agreement between the annexing municipality and the County. By Resolution No.
2011-57 adopted on September 8, 2011, the
Village of Palm Springs has petitioned the County to enter into such an
agreement for the annexation of six (6) enclaves consisting of 16 parcels
totaling 8.26 acres, as identified in Exhibit A of the Agenda Item. In
addition, the Agreement will provide consent to the voluntary annexation of a
0.05-acre County-owned parcel use as a right-of-way, located on the
southwest corner of Canal Road and Coconut Road as
identified in Exhibit B of the Agenda Item.
Palm Beach County does not transfer ownership rights to the County-owned
parcel, but rather consents to the property being annexed into, and included
within, the municipal boundary of the Village of Palm Springs. The Village has
provided written notice to all owners of real property located in the enclaves.
The Interlocal Agreement also provides for the transfer of operation and
maintenance of two (2) right-of-way segments, known as Gulfstream Road and
Canals Road, as identified in Exhibit C of the Agenda Item. The
annexation has been processed through the County’s review departments,
including Fire-Rescue, Engineering, Planning, Zoning, Environmental Resources
Management, Parks and Recreation, Water Utilities, County Attorney, Property
and Real Estate Management and the Office of Financial Management and Budget
Departments. The
proposed annexation meets the requirements of Chapter 171, F.S., and is
consistent with the Intergovernmental Coordination Element of the County’s
Comprehensive Plan. District 3
(RB)
OCTOBER 18, 2011
5. REGULAR
AGENDA
E. PUBLIC SAFETY
TIME CERTAIN 2:00 P.M.
1. Staff
recommends motion to:
A) conceptually approve the proposed amendments to the current
Vehicle for Hire (VFH) Ordinance No. R2008-043 and move forward for 1st
Reading on November 15th, 2011;
B) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, amending Resolution No. R2008-1681 to increase the annual application
renewal fee; annual vehicle decal fee; two (2) year driver I.D. badge fee; and
establish a one-time new company registration fee; and
C) request Board direction regarding the Vehicle for Hire Advisory
Committee recommendation to extend the current six (6) month moratorium
(Ordinance No. R2011-007, scheduled to expire on November 25, 2011) an
additional six (6) months or upon implementation of all the new VFH fees and
proposed ordinance changes.
SUMMARY: As a result of the VFH
industries’ concerns regarding the number of VFH companies in Palm Beach
County, and the Airport establishing a new fee for vehicles servicing the
Airport, the Board of County Commissioners approved a six (6) month moratorium
on May 17, 2011, Ordinance No. R2011-007.
This ordinance is scheduled to expire on November 25, 2011. During this
six (6) month period, the Board directed staff to review the existing VFH
Ordinance and other issues affecting the VFH Industry. On March 30, 2011, a
Consumer Affairs Vehicle Advisory Committee was established to work with the
VFH industry to evaluate the issues affecting their industry. The VFH Advisory Committee met numerous times
and on September 22, 2011, the Committee met and finalized their proposed
recommendations. All of the proposed
Ordinance revisions and the recommended new fee schedule were approved by a
majority vote of the VFH Advisory Committee. The Committee also recommended the
current moratorium be extended six (6) months or until such time that all the
proposed changes are implemented. If the proposed changes are approved, staff
is recommending the implementation date for these changes be effective on
January 1, 2012. Based on a funding
analysis of the current fees generated by the VFH program and their related
operating expenses, staff determined the current fees collected will not be
sufficient to support the current VFH program budget through FY 2012. The $5,000 initial registration fee for new
companies and the Driver I.D. fee increases would be effective January 1,
2012. It is proposed the other two (2)
fee increases for existing companies, application/renewal and vehicle decal
fee, be deferred by 50% until the second year, January 1, 2013. The proposed new fees will generate
sufficient revenue to offset the operating costs for the VFH program until at
least FY 2016. Countywide (GB)
2. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
November 15, 2011 at 9:30a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Sections 18-33 and 18-34 of
the Palm Beach County Code (Ordinance No. 2006-012), to provide the inclusion of
Sexual Offenders and Sexual Predators convicted as such pursuant to the laws of
other states and/or jurisdictions; providing for inclusion in the Code Of Laws
and Ordinances; providing for severability; providing for repeal of laws in
conflict; and providing for an effective date. SUMMARY: The
Sheriff’s Office has requested that the “Sexual Offender and Sexual Predator
Residence Prohibition Ordinance of Palm Beach County” (Ord. No. 2006-012) be
amended to provide that sexual predators and sexual offenders who have been
designated as sexual predators and sexual offenders in another state or
jurisdiction be considered as sexual predators or sexual offenders as if that
offense had been committed in the State of Florida. Unincorporated (DW)
OCTOBER 18, 2011
5. REGULAR
AGENDA
F. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) the
selection of Cigna Health and Life Insurance Company (CIGNA) for plan year 2012
following a Request for Proposal (RFP No. 11-057/LJ) for claims administration
services for the County’s self-insured health insurance plans; and
B) Administrative
Services Only Agreement and associated performance guarantees with CIGNA for
claims administration services for the County’s self-funded health insurance
plans for the period January 1, 2012, through December 31, 2012 (with four
annual options to renew) totaling $2,421,070; and
C) Actuarial
rates per coverage tier for plan year 2012; and
D) an effective date for the sunset of the PPO
Plan which currently has only 16 participants remaining, hereby proposed to be
December 31, 2012; and
E) a
Fourth Amendment to Interlocal Agreement (R2002 2287), extending its term for
five (5) years for the period January 2, 2012, through December 31, 2016.
Summary: Having completed
the last remaining renewal option with CIGNA for expiring plan year 2011, staff
issued an RFP for health plan administrative services, including stop loss
insurance, disease management and mental health, for the County’s self-funded
health insurance plans on behalf of the employees of the Board, Supervisor of
Elections, and Palm Tran, Inc. (collectively participating in the plan through
the provisions of Interlocal Agreement R2002-2287). The selection committee
chose CIGNA over four (4) competing proposals on the basis that CIGNA offered
the deepest discounts on medical and pharmaceutical costs and provided the
least amount of provider network disruption. The new contract will include the
services of a full-time onsite wellness coordinator, fully funded by Cigna, and
an increase in the wellness allowance provided by CIGNA from $30,000 per year
to $50,000 per year. The total projected health plan and administrative expense
for plan year 2012 is $65,722,423. Staff recommends that employee contributions
and cost-sharing remain unchanged for plan year 2012, following significant
changes that were collectively bargained and put in effect in the expiring plan
year (2011). The total cost of the plan represents an increase of $4,390,678
over the actuary’s projected cost of the expiring plan year. The amount of the
increase has been reduced from an earlier actuarial estimate due to favorable
claims experience in the current plan year following the implementation of the
plan changes. This increase has been contemplated in the 2012 budget, and is
necessary to secure the financial stability of the fund following three (3)
years with no increase in the County’s portion of the plan’s funding due to a
higher than expected accumulation in the fund which was used to offset the
County’s costs in prior plan years. Sufficient funds have been budgeted to fund
the program. Countywide (TKF)
* * * * * * * * * * * *
OCTOBER 18, 2011
A. ADMINISTRATION
(Workforce
Alliance, Inc.)
1. Staff recommends
motion to approve: the
appointment of Amy
Dean, David Talley, Ed Gruvman, Ed Sabin, Gary Vonk, Mel Coleman, Melody Sanger
and Roger Amidon to the
Workforce Alliance, Inc. (Alliance) Board of Directors for the period October
18, 2011, to October 17, 2014:
|
Nominee/ Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
|
Amy Dean |
31 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Palm
Healthcare Foundation |
|
David Talley |
32 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
D.H.
Talley & Assoc., Inc. |
|
Ed Gruvman |
25 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Nutrition
S’Mart |
|
Ed Sabin |
4 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Biomet
3 |
|
Gary Vonk |
9 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Keiser
university |
|
Mel Coleman |
16 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Nova
South Eastern University |
|
Melody Sanger |
7 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
Drug
Study Institute |
|
Roger Amidon |
36 |
From 10/18/2011 to
10/17/2014 |
Private
Sector |
PBC
Tourist Development Council |
SUMMARY:
The membership of Workforce
Alliance, Inc. (Alliance) conforms to the requirements of the Workforce
Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. Policy for this item is defined in
R2007-1220, Agreement (R2007-1200) between Palm Beach County, Florida (County)
and Alliance dated July 10, 2007. Per this Agreement, 17 private sector member
appointments shall be made by County.
The Workforce Investment Act of 1998 requests that an emphasis be placed
on CEO’s or highest level of management positions for both community and
business sector appointments. The Alliance Board of Directors is compromised of
a minimum of
forty members as determined from time to time by the Board of Directors
with representatives of business in the local area who are owners of
businesses, local educational entities, labor organizations, community-based
organizations, economic development agencies, one-stop partners. Countywide
(TKF)
B. AIRPORTS
(Citizens
Committee for Airport Noise)
1. Staff recommends motion to appoint: the following individual to the Citizens Committee on Airport Noise (CCAN) for a term of three (3) years:
SEAT NAME ACTION ORGANIZATION
SUMMARY: Per Resolution No. R94-1060, the
Citizens’ Committee on Airport Noise consists of 13 seats of which six (Seat
No. 8 through Seat No. 13) are recommended for appointment by the organizations
approved by the Board of County Commissioners. The Palm Beach County League of
Cities, Inc. submitted their recommendations for representation by letter. Countywide
(AH)
OCTOBER 18, 2011
6. BOARD
APPOINTMENTS
C. PLANNING, ZONING & BUILDING
(Building
Code Advisory Board)
1. Staff recommends
motion to approve: reappointment
of the following member to the Building Code Advisory Board, for a term of
three (3) years, beginning October 19, 2011:
SUMMARY: The Building Code Advisory Board was
established by a Special Act of the Florida Legislature in 1974, and amended in
2001. The term of office for board members is three (3) years; with no limit to
the number of terms a member may serve. The
Construction Industry Management Council (CIMC) of Palm Beach County has
nominated Scott Worley to be reappointed to the Building Code Advisory Board, for a three (3) year term until
October 18, 2014. The Board is composed of 16 members: seven (7) regional
Building Officials who must be appointed from nominees submitted by the
Building Officials Association of Palm Beach County; seven (7) members who must
be appointed from nominees submitted by the Construction Industry Management
Council of Palm Beach County; one (1) member who must be a registered Architect
appointed from nominees submitted by the Palm Beach County Chapter of the
American Institute of Architects; and one (1) member who must be a Professional
Engineer appointed from nominees submitted by the Palm Beach County Chapter of
the Florida Engineering Society. Countywide
(GB) (PZB)
(Construction
Board of Adjustment and Appeals)
2. Staff recommends a
motion to approve: reappointment
of the following individual to the Construction Board of Adjustment and Appeals
(CBAA) for a term of three (3) years, beginning October 19, 2011:
Reappoint Seat Requirement Nominated By Term
Bart Rasper 1 Plumbing
CIMC 10/19/11-10/18/14
Contractor
SUMMARY: Palm Beach
County Ordinance 89-31 created the Construction Board of Adjustment and
Appeals. Bart Rasper is nominated by the
Construction Industry Management Council of Palm Beach County (CIMC), with a
term of office of three years. The nomination represents the Plumbing
Contractor member of the Board as required by the Palm Beach County Ordinance
2009-001, as amended, Palm Beach County Amendments to the Florida Building
Code, 2007 Edition. The Board is comprised of seven (7) members consisting of
one (1) registered architect; one (1) registered engineer; one (1) general
contractor; one (1) electrical contractor; one (1) HVAC contractor; one (1) plumbing
contractor and any other contractor licensed category. In addition to the seven (7) members, there
should be two (2) alternate members, one (1) member with the qualifications
referenced above and one (1) member at-large from the public. (Building
Division) Countywide (DW)
D. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 18, 2011
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 18, 2011
A. District
1 - COMMISSIONER KAREN T. MARCUS, CHAIR
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, VICE CHAIR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
October 18, 2011 – 9:30 a.m.
FINAL BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 18, 2011
PAGE ITEM
15 3F-8 REVISED TITLE: Staff
recommends motion to approve: Fourth
Amendment to the Lease Agreement (Lease) (R92-471D) with MSP Partners Realty,
LLC (MSP Partners), for the Airport Center Hilton Hotel (Hotel), providing for
an extension of the initial term of the Lease to December 31, 2060, with one
(1) - 15-year option to extend; finding that extension of the Lease is in
the best interest of the County pursuant to Article VI, Section
22-104(d)(1) of the Palm Beach County Code; increasing the minimum guaranteed
annual rental from $110,000 to $300,000 and percentage applicable to percentage
rent; providing for annual adjustment to the minimum guaranteed annual rental;
and providing for the removal of a restriction prohibiting the development of a
hotel on the Palm Beach International Airport (PBIA). (Airports)
18 3H-2 REVISED TITLE & SUMMARY: Staff recommends motion to: A)
adopt a Resolution authorizing an extension of the term of a sub-lease
pursuant to the First Amendment to Sub-Lease Agreement; and B) approve a First Amendment to
Sub-Lease Agreement (R2001-0656) with Boys and Girls Clubs of Palm Beach County, Inc., to extend the term
of the Sub-Lease of the old Lake Shore Middle School Building 9 (gymnasium) and
adjacent land subject to School Board approval scheduled for October 19,
2011. SUMMARY: On May 1, 2001,
the Board approved a ten (10) year Sub-Lease Agreement (R2001-0656) with Boys
and Girls Clubs for the lease of the old Lake Shore Middle School Building 9
(gymnasium) and adjacent land (a/k/a the Bill Bailey Community Center). The
County leases the premises from the School Board of Palm Beach County pursuant
to the terms of a Lease Agreement (R2000-1807) approved by the Board of County
Commissioners on October 31, 2000. The leased premises, which are located at
1101 Martin Luther King Boulevard (formerly SW Avenue E) in Belle Glade,
are used by Boys and Girls Clubs for the operation of various community based
youth programs. The County also uses the premises for the operation of Police
Athletic League programs. This First Amendment extends the term of the
Sub-Lease Agreement until October 30, 2015, and provides Boys and Girls Clubs
with the right to extend the term for one additional period of five (5) years,
subject to approval by the Board, provided the County’s Lease with the School
Board is in effect. The First Amendment establishes a procedure by which the
County may renegotiate the terms of the Sub-Lease in order to provide County
with additional use rights. In the event the parties cannot agree on the
additional use rights, County may terminate Boys and Girls Clubs’ sublease of
the premises. County shall also have the right to terminate the Sub-Lease
Agreement for budgetary reasons upon 180 days prior written notice, provided
that such notice is not given between December 1 and May 1 annually. The rent
will remain at $1.00 per year. The
insurance, indemnification, and default provisions were modified at the request
of the School Board. The First Amendment also incorporates the Inspector
General disclosure language and updates the non-discrimination and notice
provisions. Boys and Girls Clubs has provided a Disclosure of Beneficial
Interests stating that it is a 501(c)(3) corporation and that no individuals or
entities have a beneficial interest in its assets. The Board’s approval of
the First Amendment is subject to the School Board’s approval. This First
Amendment is scheduled to be considered for approval by the School Board on Oct
19, 2011. All other terms and
conditions remain the same. (PREM) District 6 (HJF) (FDO)
20 3H-6 DELETED: Staff
recommends motion to approve: exercise of the third option to extend the term of
the Lease Agreement (R97-2126D) dated December 16, 1997, as amended, with Aspen
Skees Road, LLC, for 6,000 SF of office and warehouse space located in West
Palm Beach for the Palm Beach County Sheriff’s Office..(FDO) (Alternative less expensive option
identified)
28 3P-1 REVISED TITLE & SUMMARY: Staff recommends motion to approve:
A) an Agreement with Housing Partnership, Inc.
for funding of a part-time program assistant; and
B) a part-time program assistant to conduct a
nutrition education program at Highland Elementary School; and
C) B)
a Budget Amendment of $21,706 in the Cooperative Extension Revenue Fund to
recognize new funding. The term of this Agreement shall begin when executed by
both parties hereto and shall terminate on September 30, 2012.
Summary: Housing Partnership, Inc. (HPI) will provide funding to Palm Beach
County (County) to support a part-time program assistant to conduct the Bridges
Nutritional Program at Highland Elementary School in amount not to exceed
$21,706. The program assistant is a
fully grant funded position and will be eliminated when the grant term has
expired. The funding shall consist of
$12,919 for salary plus $2,519 for fringe benefits, $368 for travel
reimbursement, $500 for printing costs, and $5,400 for food and supplies for
food demonstrations. District 6 7 (AH) (Coop. Extension)
34 4B REVISED MOTION & SUMMARY: Staff recommends motion to:
1) adopt discuss
a Resolution confirming the special assessment of $19,662.55 per lot for
Michlar Drive, Tamis Trail and 105th Avenue South Paving &
Drainage (Project) Project No. 2002136;
B) approve discuss
a Contract with Rosso Paving and Drainage, Inc. (Contractor), the lowest,
responsive, responsible bidder, in the amount of $435,519.20 for the Project;
and
C) approve discuss a Budget Transfer in the amount of $526,120
in the Municipal Services Taxing Unit (MSTU) Improvement Fund from Reserves to
Michlar Drive, Tamis Trail and 105th Avenue South.
SUMMARY: Future
Aadoption of this Resolution will allow Palm Beach County to
assess 50% of the Project cost to the property owners at $19,662.55 per lot for
the Project. Assessments will be payable in either ten (10) or up to twenty
(20) equal annual installments. Approval of the construction contract will
authorize the Contractor to construct the Project, for a total of approximately
4,064.55 lineal feet (0.76 miles), on Michlar Drive from Anderson Lane north to
Tamis Trail, Tamis Trail from Michlar Drive east to 105th Avenue
South and 105th Avenue South from Tamis Trail south to 52nd
Place South. This work will include new pavement, driveway reconstruction, and a
storm water management system. The
Contractor is a Palm Beach County business, with 50.6% of the work to be
performed by the contractor. The Small Business Enterprise (SBE) goal for the
Project is 15%. The SBE participation
committed for the Project by the Contractor is 50.61% overall. District
3 (MRE)
36 5B-1 DELETED: Staff
recommends motion to approve: A)
Service Agreement with
American Eldercare, Inc., for DOSS to provide community-based assistance as a service
provider effective October 18, 2011, with no fixed expiration date;…(Community
Services) (Further staff review)
43 8D-1 ADD-ON: Request approval to present off-site, a Proclamation
declaring November 10, 2011 as “Disability Employment Awareness Day” in Palm Beach
County. (Sponsored by Commissioners Abrams)
43 8D-2 ADD-ON: Request
approval to present off-site, a Proclamation declaring the months of October
and November 2011 as “Disability Mentoring Career Exploration” in honor of
National Disability Employment Awareness Month. (Sponsored by Commissioner
Abrams)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).