BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 24, 2012
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
3. CONSENT
AGENDA (Pages 9 - 44)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 45 -
46)
5. REGULAR
AGENDA (Pages 47 - 57)
TIME
CERTAIN 10:15 A.M. (SOE
Warehouse Lease Extension) (Page 52)
TIME
CERTAIN 1:30 P.M. (Executive Session – ATU) (CLOSED SESSION) (Page 50)
6. BOARD
APPOINTMENTS (Pages 58 - 65)
7. STAFF
COMMENTS (Page 66)
8. COMMISSIONER
COMMENTS (Page 67)
9. ADJOURNMENT (Page 67)
* * * * * * * * * * *
JANUARY 24, 2012
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Proclamation honoring IBM for supporting Head
Start
2C-2 500th Anniversary of Ponce de
Leon’s Discovery of La Florida
2C-3 Cancer Research Month
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Resolution
regarding County’s non-discrimination in contracting policy
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 Report
of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Renewal of survey and mapping annual
agreements with Brown & Phillips and Dennis Leavy & Associates
3C-2 Agreement with Greystone at Boynton Beach HOA
related to traffic control enforcement services
3C-3 Agreement
with School Board for traffic signal at SR 809 (Military Trail & Lilac
Street)
3C-4 Change Order No. 10 with J.W. Cheatham for
improvements on 45th Street (Jog Road to Haverhill Rd and on Jog
Road (south of 45th St to north of 45th St)
3C-5 Deleted
3C-6 Supplemental Agreement No. 10 with Metric
Engineering relative to design plans for Silver Beach Road (Congress Ave to Old
Dixie Hwy)
Page 11
3C-7 Contract with World Fiber Technologies for
the Advanced Traffic Management Systems project
3C-8 Joint Participation and Project Funding
Agreement with City of West Palm Beach for utility adjustments at Northlake
Blvd Bridge over Loxahatchee Slough
3C-9 Blanket approval for appraisal and
acquisition of the lands, rights-of-way, and easements needed on FY 2012
projects in the Five Year Road Program
3C-10 Resolution declaring acquisition of Parcel 113
needed for Lyons Road construction (Atlantic Ave to Boynton Beach Blvd)
Page 12
3C-11 Interlocal Agreement with City of Delray Beach
for infrastructure reconstruction on SW 12th Ave/Auburn Ave (West
Atlantic Ave to SW 10th St)
3C-12 Resolution conveying two parcels of land along Kirk Road to Village
of Palm Springs
3C-13 Renewal of structural engineering annual
agreements with Alan Gerwig & Associates, Bridge Design Associates, and
R.J. Behar & Company
3C-14 Local Agency Program Supplemental Agreement
with FDOT relative to Congress Avenue Intermodal Center project
Page 13
3C-15 Contract with Charles S. Whiteside for Ohio Road paving and drainage
improvement project
3C-16 Reimbursement to City of Boca Raton for street
light installation on Congress Ave (Clint Moore Rd to Boca Club Blvd)
3C-17 County Deed re-conveying 26 feet of land on Old South Dixie Hwy in
Delray Beach
3C-18 Resolution to vacate a portion of drainage
easement and utility easement within Lot 44, Villa Stel
JANUARY 24, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
D. COUNTY ATTORNEY
Page 14
3D-1 Consent to Assignment of Agreement for bond
counsel and related services to Greenspoon Marder, P.A.
3D-2 Official
transcript related to closing of Bonds for Caron Foundation of Florida project
3D-3 Official
transcript related to closing of Bonds for Classical South Florida, Inc.
project
3D-4 Official
transcript related to closing of Bonds for Convention Center project
E. COMMUNITY SERVICES
Page 14
3E-1 Contract for Provision of Financial
Assistance with Christians Reaching Out to Society to provide gleaning services
Page 15
3E-2 Contract for Consulting/Professional
Services with Caregiver Services for health services to Head Start and Early
Head Start children
3E-3 Standard
Agreement with Area Agency on Aging for Nutrition Services Incentive Program
Page 16
3E-4 Amendments
to Ryan White Part A HIV Health Support Services with three (3) agencies
3E-5 Ratify proposal to Workforce Alliance for
funding to assist populations to obtain/maintain employment
3E-6 Contract for Provision of Financial
Assistance with The Salvation Army for transitional housing services for
homeless mean
Page 17
3E-7 Ryan
White grant awards to nine (9) agencies
F. AIRPORTS
Page 17
3F-1 Extension of time to two Joint Participation
Agreements with FDOT for two (2) Airport projects
Page 18
3F-2 Airline Operating and Lease Agreement with
Spirit Airlines
3F-3 License Agreement with Avis Rent A Car
System for rental car parking area
3F-4 License
Agreement with Naval Operations Support Center for overflow vehicle parking for
Navy personnel at PBIA
3F-5 License Agreement with Centerport, Inc. for
parking of trailers and vehicles at PBIA
Page 19
3F-6 Resolution adopting revised Disadvantaged
Business Enterprise Program
Page 20
3F-7 Amendment
No. 3 with The Morganti Group for miscellaneous repair, replacement and
improvements Airport projects
Page 21
3F-8 Receive and file 17 Consent to Sublease
Agreements
Page 22
3F-9 Receive and file 43 Consent to Sublease
Agreements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 24
3G-1 Negotiated
settlement offer for Code Enforcement Lien with Marvin Parsoff
3G-2 Negotiated
settlement offer for Code Enforcement Lien with West Boynton Auto Services
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 25
3H-1 Change Order No. 17 with Hedrick Brothers Construction
relative to renovations project at Four Points
3H-2 First Amendment with Town of Palm Beach
Shores for access to County’s 800 MHz radio system
Page 26
3H-3 Utility
Easement Agreement in favor of FPL for electrical services within DuBois Park
JANUARY 24, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 26
3I-1 Creation
of one (1) grant funded position in Housing & Community Development
Page 27
3I-2 Receive
and file 4 agreements and 20 amendments for several HCD programs
Page 28
3I-3 Two
(2) Community Development Block Grant Agreements for various improvement
projects
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 28
3K-1 Receive
and file one (1) Indemnification Agreement with API Cameron Park
3K-2 Wastewater
Development Agreement with John Jarvis & Sons
Page 29
3K-3 Amendment
No. 1 with AKA Services, and Johnson-Davis related to the Water Utilities
Department pipeline continuing construction contract
3K-4 Resolution
revising Uniform Policies and Procedures Manual
Page 30
3K-5 Supplemental No. 1 with Johnson-Davis for
the South County Water Service Replacement project
3K-6 Partial
Release of Utility Easement on land owned by Boca Raton Commerce Center
3K-7 Grant
of Utility Easement from School Board
3K-8 CSA
No. 5 with MWH Americas, Inc. for production wells at WTP Nos. 2, 3 and 8
Page 31
3K-9 Contracts for water, wastewater and
reclaimed water improvements design/build services with Globaltech, Inc., and
Calvin, Giordano & Associates
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 31
3L-1 Grant
Agreement with Florida Fish and Wildlife Conservation Commission for monitoring
29 reefs
3L-2 Deleted
Page 32
3L-3 Task
Order 1296-06 with Applied Technology and Management for design/permitting work
associated with the South Lake Worth Inlet Sand Trap expansion/maintenance
dredging project
3L-4 Grant
Agreement with Florida Communities Trust relative to the Cypress Creek Natural
Area project
Page 33
3L-5 Change
Order No. 5 with The Murphy Construction Company relative to the DuBois Park
redevelopment project
M. PARKS & RECREATION
Page 33
3M-1 Interlocal
Agreement with South Florida Science Museum and City of West Palm Beach for
funding of Museum improvements
3M-2 First Amendment with Gordon Andrews for
swimming coaching services
Page 34
3M-3 Resolution amending Independent Contractor
Agreement
3M-4 Modification of project scope for West
Delray/Boynton District Park
3M-5 Modification of project scope for South Bay
RV Park and Recreation Center
N. LIBRARY - None
JANUARY 24, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
P. COOPERATIVE EXTENSION SERVICE
Page 35
3P-1 Agreement with FL Dept. of Agriculture and
Consumer Services for funding a part-time program assistant
3P-2 Ratify
signature on Champions for Healthy Kids Legacy Grant with General Mills
Q. CRIMINAL JUSTICE COMMISSION
Page 36
3Q-1 Adult Drug Court Discretionary Grant Program
Award from Dept. of Justice for development of a specialized drug treatment
program for prescription drugs
3Q-2 Grant
Adjustment Notice with FDLE relative to the Weed and Seed Grant
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 37
3S-1 Ratify appointment of Fire Rescue
Administrator as authorized official associated with Medicare program
3S-2 Receive
and file four (4) standard agreements for swimming lessons
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 38
3U-1 Amendment No. 7 with SCT Government Systems
to extend software coverage for ACS Banner Courts system
3U-2 Revised
rate structure for network services
3U-3 Renewal of software license and professional
services agreement with U.S. Virgin Islands relative to business license web
application
Page 39
3U-4 First
Amendment with Children’s Services Council for additional server hosting
services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 39
3X-1 Deleted
3X-2 Contract
with Byron Reid for on-call veterinary services for large animals
3X-3 MOAs
with City of Miramar for Urban Area Security Initiative funding
Page 40
3X-4 Hazardous Materials Contingency Planning and
Grant Agreement with Florida Division of Emergency Management
3X-5 Dept. of Justice, Office of Violence Against
Women Grants for funding Victim Services and Rape Crisis Center
Page 41
3X-6 Grant
Agreement with City of Miramar for Urban Area Security Initiative funding
3X-7 Agreements
with five (5) municipalities for use of Geographic-based Notification System
Page 42
3X-8 Agreement
with Palm Beach State College to provide CERT training
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
JANUARY 24, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 42
3AA-1 Resolution conveying three (3) Arboc Mobility
20-Passenger buses to Hernando County
BB. SHERIFF’S OFFICE
Page 43
3BB-1 FY 2011 State Homeland Security Grant for Homeland Security
Initiatives
3BB-2 FY 2011 Homeland Security Grant for Operation Stonegarden
3BB-3 Bureau of Justice Assistance State Criminal Alien Assistance Grant
for correctional services
Page 44
3BB-4 Budget Transfer from Law Enforcement Trust Fund
to various drug/crime prevention and/or education programs
CC. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 44
3CC-1Modification
No. 4 with Division of Emergency Management associated with canal improvements
to LWDD L-2 Canal
PUBLIC HEARINGS – 9:30 A.M.
Page 45
4A Municipal Service Taxing Unit Special
Assessment Ordinance
4B Resolution
confirming special assessment for 1st Street, 2nd Street,
3rd Street, Sunbeam Avenue and Wallis Road paving and drainage
project
Page 46
4C Resolution
confirming special assessment for Michlar Drive, Tamis Trail and 105th
Avenue South paving and drainage project
4D FY
2011 Section 5307 Federal Transit Administration Grant Application for capital
funds for continued operation of the Palm Tran system
REGULAR AGENDA
ADMINISTRATION
Page 47
5A-1 Resolution
supporting current structure and adequate funding of water management districts
5A-2 Ground
Lease Agreement with The Scripps Research Institute
5A-3 Resolution
supporting continued local control of regional workforce boards
Page 48
5A-4 Resolution
conceptually approving a Job Growth Incentive Grant with Digital Risk, LLC
Page 49
5A-5 Glades Utility Authority
Update
Page 50
5A-6 First Amendment for legal services with
Sundstrom, Friedman & Fumero related to the Glades Utility Authority
5A-7 Executive
Session with ATU – TIME CERTAIN 1:30
P.M. (CLOSED SESSION) (McEaddy)
COMMUNITY
SERVICES
Page 51
5B-1 Service
Agreement with American Eldercare, Inc. to provide community-based assistance
JANUARY
24, 2012
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES DEVELOPMENT
& OPERATIONS
Page 51
5C-1 Request from Boynton Beach CRA to allow demolition
of a building within Boynton Beach Marina
Page 52
5C-2 Renewal
of Sublease with Huttig Building Products for warehouse space by Supervisor of
Elections-TIME CERTAIN 10:15 A.M.
5C-3 Contract negotiations for sale and
development of the Wedge Property within the TOD
PLANNING,
ZONING & BUILDING
Page 53
5D-1 Resolution granting County tax exemption for
one (1) historic property within the City of Delray Beach
HOUSING
& COMMUNITY DEVELOPMENT
Page 54
5E-1 First
Mortgage Modification Policies
Page 55
5E-2 Amendment
No. 2 to Residential Rehabilitation Program Policies
5E-3 Additional Neighborhood Stabilization
Program 2 funding to Neighborhood Renaissance, Inc. for acquisition and
rehabilitation of foreclosed homes
WATER
UTILITIES
Page 56
5F-1 Amendment
No. 1 to Reclaimed Water Agreement with FPL
COUNTY
ATTORNEY
Page 56
5G-1 Memorandum of Agreement with Health
Department relative to duties/responsibilities of Environmental Control Officer
PUBLIC
SAFETY
Page 57
5H-1 Resolution
amending Emergency Medical Services Advisory Council
BOARD
APPOINTMENTS (Pages 58-65)
STAFF
COMMENTS (Page 66)
COMMISSIONER
COMMENTS (Page 67)
ADJOURNMENT (Page 67)
JANUARY 24, 2012
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation honoring IBM for supporting
Palm Beach County Community Services Head Start. (Sponsored by Commissioner
Taylor)
2. Proclamation honoring the 500th
Anniversary of Don Juan Ponce de Leon’s Discovery of La Florida. (Sponsored by
Commissioner Santamaria)
3. Proclamation declaring February 2012 as
“Cancer Research Month” in Palm Beach County. (Sponsored by Commissioner
Abrams)
* * * * * * * * * * * *
JANUARY 24, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, amending R92-13, establishing the policy that Palm
Beach County shall not do business with nor appropriate funds for any public or
private organization which practices discrimination on the basis of race,
color, national origin, religion, ancestry, sex, age, marital status, familial
status, sexual orientation, gender identity or expression, or disability. SUMMARY: This amended Resolution will
update the County’s non-discrimination in contracting policy so that the
protected classes are consistent with the protected classes in the County’s
Equal Employment Ordinance. Countywide
(TKF)
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
Regular December
6, 2011
Joint
Workshop w/City of Boca Raton December
7, 2011
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during October 2011. Countywide
5. Staff recommends
motion to:
A) receive and file the Report of County Officials Bonds dated January 2012;
and
B) identify all bonds described in the Bond
Report as sufficient pursuant to Section 2-140, of the County Code.
SUMMARY: Section 2-140 of the County Code sets
various bond amounts for specified County officers and provides for examination
of the sufficiency of all of the bonds at a regular meeting of the Board of
County Commissioners in January and June of each year. Countywide (PFK)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: the renewal
of the survey and mapping annual agreements with Brown & Phillips, Inc.
(B&P), whose original agreement was dated February 15, 2011, R2011-0176 and
Dennis J. Leavy & Associates, Inc. (DJL), whose original agreement was
dated February 15, 2011, R2011-0177. SUMMARY: Approval of these renewal agreements will
extend required professional services for one (1) year, on a task order
basis. Both renewal agreements will
continue for the period of February 15, 2012, through February 14, 2013. B&P and DJL are both Palm Beach County
companies and certified Small Business Enterprises. Countywide (MRE)
2. Staff recommends motion to approve: an Agreement with Greystone at Boynton Beach Homeowners Association Incorporated (Community) for traffic control jurisdiction to be performed by the Palm Beach County Sheriff’s Office (Sheriff). SUMMARY: Approval of this Agreement will authorize the Sheriff’s Office to provide traffic control enforcement services within the Community. District 5 (MRE)
3. Staff recommends motion to approve:
A) an Agreement with the Palm Beach County School Board (Board) reimbursing Palm Beach County (County) for the construction of a traffic signal at State Road 809 (Military Trail) and Lilac Street; and
B) a Budget Amendment of $265,000 in the Transportation Improvement Fund to recognize the reimbursement of funding by the Board for the actual cost of the improvements.
SUMMARY: Approval of this Agreement and Budget Amendment will allow the construction of a traffic signal at the intersection of Military Trail and Lilac Street by the County’s Traffic Division. This signal will improve the movement of traffic in the area of Palm Beach Gardens High School. The Board will reimburse the County the full cost of the traffic signal in an amount not to exceed $265,000. District 1 (MRE)
4. Staff recommends
motion to approve: Change Order No. 10 in the amount of $181,496.79 to
the construction contract (Resolution No. R2010-0022) with J.W. Cheatham, LLC,
for the 45th Street from Jog Road to east of Haverhill Road and Jog
Road south of 45th Street to north of 45th Street
(Project). SUMMARY: Approval of Change
Order No. 10 will compensate for costs and delays associated with the bridge
superstructure concrete overrun. Change
Order No. 10 is being brought to the Board of County Commissioners because the
dollar amount exceeds the maximum amount allowed by the Contract Review
Committee as referenced in PPM-CWF-50.
Errors and omissions against the consultant, Metric Engineering, will be
considered at the end of the Project. Districts 6 & 7 (MRE)
5. DELETED
6. Staff recommends motion to approve: Supplemental Agreement No. 10 to Project Agreement R2004-0053 in the amount of $111,450.96 with Metric Engineering, Inc. for professional services. SUMMARY: Approval of this Supplemental Agreement will provide the services necessary for the preparation of modified design plans for Silver Beach Road from east of Congress Avenue to Old Dixie Highway. District 1 (MRE)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends motion to approve: a 300 calendar day Contract with World Fiber Technologies, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $2,542,140.67 for the Advanced Traffic Management Systems – Group 3 (Project), Project No. 2011059. SUMMARY: Approval of this Project will allow the expansion of Palm Beach County’s (County) Advanced Traffic Management System. This will include the installation of a single mode fiber-optic communications system and integration with the existing ITS communications network along with the installation of cameras at different locations throughout the County. The construction Contract is wholly funded with federal grant funds; therefore, neither the Small Business Enterprise Ordinance, nor the Local Preference Ordinance apply to this Project. The Contractor is an out of state business. Countywide (MRE)
8. Staff recommends
motion to approve:
A) a Joint Participation and Project Funding Agreement (Agreement) with the City of West Palm Beach (City) in the amount of $39,204 for utility adjustments at Northlake Boulevard Bridge over the Loxahatchee Slough; and
B) a Budget Amendment of $39,204 in the Environmental Resources Capital Projects Fund to recognize reimbursement from the City and appropriate it to utility relocation on the Northlake Boulevard Bridge over the Loxahatchee Slough.
SUMMARY: Approval of this Agreement and Budget
Amendment will allow Palm Beach County (County) and the City to jointly
participate in the utility adjustments to the water distribution system and
other improvements along the right-of-way. The City agrees to reimburse the
County for the cost of these utility adjustments and other improvements. District
6 (MRE)
9. Staff recommends motion to approve:
A) a blanket approval for appraisal and acquisition of the lands, rights-of-way, and easements on all Fiscal Year 2012 projects as identified in the Five Year Road Program Annual Update, as adopted on December 1, 2011; and
B) the employment of all experts, including but not limited to real estate appraisers, engineers, certified public accountants, business damage experts, and other experts, deemed necessary to appraise and acquire the before mentioned lands, rights-of-way, and easements.
SUMMARY: On December 1, 2011, the Board of County Commissioners adopted the Annual Update of the Five Year Road Program for Fiscal Year 2012 through Fiscal Year 2016. Approval of this item will provide for the acquisitions necessary to accomplish the road goals set therein. Countywide (MRE)
10. Staff recommends motion to adopt: a Resolution to declare the acquisition of property designated as Parcel 113 as right-of-way necessary for the construction of Lyons Road from north of Atlantic Avenue to south of Boynton Beach Boulevard. SUMMARY: The adoption of this Resolution will initiate eminent domain proceedings against one parcel having an appraised value of $182,000. District 5 (PM)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends motion to approve: a new Interlocal Agreement with the City of Delray Beach in an amount not to exceed $1,000,000 for infrastructure reconstruction which includes asphalt resurfacing, landscaping, drainage, pavement markings and signing on Southwest 12th Avenue/Auburn Avenue from West Atlantic Avenue to Southwest 10th Street. Summary: Approval of this new Interlocal Agreement will provide continued funding as outlined in the prior agreement R2009-2108 that expired on September 1, 2011 and will make the new completion date December 1, 2012. The funding amount and the installation of infrastructure and road improvements of $1,000,000 from the Transportation Improvement Fund Reserve for District 7 shall remain the same. The project is currently under construction and the City anticipates completion by late February 2012. District 7 (MRE)
12. Staff recommends motion to adopt: a Resolution authorizing the conveyance of two (2) Palm Beach County (County) owned parcels of land along Kirk Road to the Village of Palm Springs (Village). SUMMARY: Adoption of this Resolution will allow the approval of two (2) County Deeds in favor of the Village for the creation of a park on Kirk Road, near Park Lane. Pursuant to County Ordinance 2009-052, a supermajority vote is required for this proposed conveyance to the Village. The total conveyance is approximately 2.11 acres. The parcels have a current estimated market value of $180,000. However, the County will be retaining portions of the parcels for right-of-way and encumbering most of the remaining property with drainage easements, thus significantly lowering the ultimate final market value. District 3 (MRE)
13. Staff recommends motion to approve: the renewal of the structural engineering annual agreements with Alan Gerwig & Associates, Inc. (AGA), whose original Agreement was dated February 15, 2011, R2011-0173; Bridge Design Associates (BDA), whose original Agreement was dated February 15, 2011, R2011-0174 and R. J. Behar & Company, Inc. (RJB), whose original Agreement was dated February 15, 2011 R2011-0175. SUMMARY: Approval of these renewal agreements will extend required professional services for one (1) year, on a task order basis. These renewal agreements will continue for the period of February 15, 2012, through February 14, 2013. AGA, BDA and RJB are Palm Beach County companies. Countywide (PK)
14. Staff recommends
motion to:
A) ratify a Local Agency Program Supplemental Agreement (LAP) with the Florida Department of Transportation (FDOT) to extend the expiration date for Palm Beach County’s (County) Congress Avenue Intermodal Center project to June 30, 2012 and to add E-Verify language; and
B) adopt a new Resolution to replace Resolution R2010-1969, authorizing the County Administrator or his designee to approve amendments to existing funding agreements with FDOT, that involve time extensions and/or the addition of the E-Verify language, which is now required by FDOT.
SUMMARY: Ratification of this LAP extends the completion date for the project from December 31, 2011 to June 30, 2012 and also adds the E-Verify language now required by FDOT. Adoption of the new Resolution will allow the County Administrator or his designee to approve amendments or supplemental agreements to existing FDOT agreements that involve time extensions and/or the addition of the E-Verify language. Countywide (MRE)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
15. Staff recommends
motion to approve: a 120 calendar day Contract with Charles S.
Whiteside, Inc. (Contractor), the lowest, responsive, responsible bidder, in
the amount of $158,180, for the Ohio Road Paving & Drainage Improvements,
Project No. 2011054 (Project). SUMMARY: Approval of this Project will
provide for the construction of roadway improvements and storm drainage systems
on Ohio Road including roadway pavement, concrete driveway aprons, drainage
structures, piping and sodding. The Contractor is a Palm Beach County business.
The Construction Contract is funded by a Community Development Block Grant
through Housing and Community Development with the PBC Water Utilities
Department jointly participating in the amount of $18,575, therefore the Small
Business Enterprise (SBE) Ordinance does not apply to this Project; however,
the Contractor is a Palm Beach County certified SBE. District 2 (MRE)
16. Staff recommends motion to approve: a reimbursement to the City of Boca Raton in the amount of $98,666.47 for the total cost to install 14 street lights on Congress Avenue from Clint Moore Road to Boca Club Boulevard. SUMMARY: Approval of this agenda item will reimburse the City of Boca Raton(City) for expenses already incurred with the installation of 14 - 200 watt high pressure sodium vapor lights (street lights) which has been completed since October 2009, on Congress Avenue between Clint Moore Road and Boca Club Boulevard. Palm Beach County (County) entered into an agreement (R2008-0501) with the City on April 1, 2008, to install 82 street lights on Congress Avenue between Clint Moore Road and the C-15 Canal. That agreement expired November 30, 2009 before the remaining 68 streetlights could be installed. District 4 (MRE)
17. Staff recommends motion to approve: a County Deed re-conveying to the original owner 26 feet of a 76 foot parcel of land deeded to Palm Beach County as right-of-way located on Old South Dixie Highway (Dixie Highway) in Delray Beach, Florida. SUMMARY: Approval of this item will allow the transfer of ownership of the east 26 feet of a 76 foot parcel (Parcel) of land originally deeded by Del-Raton Mobile Home Headquarters, Inc. to Palm Beach County (County) as right-of-way. The Parcel was originally required for potential future roadway purposes and is located on the east side of Dixie Highway lying between Avenue L and La Mat Avenue, Delray Beach, Florida. This re-conveyance will comply with a reverter and revesting clause incorporated in the deed to the County. District 4 (MRE)
18. Staff recommends motion to adopt: a Resolution to vacate a portion of a drainage easement and a portion of a utility easement within Lot 44, Villa Stel, as recorded in Plat Book 52, Page 82, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow the petitioner to vacate the portions of the easements encumbered by the pool deck and screen enclosure. The petition site is located east of Powerline Road and north of Southeast 18th Street on the east side of Via Stel. The petitioner is requesting the vacation to clear the encumbrances to allow the property to be marketable. District 4 (MRE)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Consent to the Assignment of Agreement for Bond Counsel and Related Services (R2010-1220) (“Agreement”) from Ruden McClosky P.A. to Greenspoon Marder, P.A. SUMMARY: Ruden McClosky, P.A. recently sold its law practice to Greenspoon Marder, P.A. The Agreement requires the County to consent to any assignment of the Agreement to another law firm. Staff recommends that consent because the same attorneys will be providing the legal services to the County after the assignment of the Agreement. Countywide (PFK)
2. Staff recommends motion to receive and file: the official transcript for the closing of the Palm Beach County, Florida, $8,600,000 Aggregate Principal Amount Amended and Restated Tax-Exempt Adjustable Mode Revenue Bonds (Caron Foundation of Florida, Inc. Project) Series 2008, as authorized by Resolution R2011-0940 adopted on June 21, 2011. The closing occurred September 1, 2011. SUMMARY: On June 21, 2011, the Board adopted Resolution No. R2011-0940, authorizing the issuance of the Bonds. The closing occurred September 1, 2011. The official transcript and CD-ROM for this transaction has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)
3. Staff recommends
motion to receive and file: the
official transcript for the closing of the Palm Beach County, Florida,
$4,600,000 Industrial Development Revenue Bond, Series 2011 (Classical South
Florida, Inc. Project), as authorized by Resolution R2011-1835 adopted on
November 15, 2011. The closing occurred
December 1, 2011. SUMMARY: On November 15, 2011, the Board adopted Resolution No. R2011-1835,
authorizing the issuance of the Bonds.
The closing occurred December 1, 2011.
The official transcript and
CD-ROM for this transaction has been provided.
This transcript should now be received and filed in the Minutes
Department. Countywide (PFK)
4. Staff recommends motion to receive and file: the official transcript for the closing of the Palm Beach County, Florida, $62,775,000 Public Improvement Revenue Refunding bonds, Series 2011 (Convention Center Project), as authorized by Resolution R2011-1100 adopted on July 19, 2011. The closing occurred August 31, 2011. SUMMARY: On July 19, 2011, the Board adopted Resolution No. R2011-1100, authorizing the issuance of the Bonds. The closing occurred August 31, 2011. The official transcript and CD-ROM for this transaction has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
Contract for Provision of Financial Assistance with Christians Reaching Out to
Society, Inc. for the period of October 1, 2011, through September 30, 2012, in
an amount not to exceed $49,000 to provide gleaning services. Summary: Christians Reaching Out to Society, Inc. (CROS)
will recruit and coordinate gleaning opportunities through local church, civic
and non-profit agencies in the County to develop strong neighborhood
relationships, opportunities and support systems. Gleaning is the gathering of excess produce
after the fields have been harvested.
The produce is distributed to homeless shelters, day care centers,
senior centers, and emergency food pantries.
This project is a collaboration between Palm Beach County, CROS and
United Way to bring fresh produce into low-income neighborhoods as fresh fruit
and vegetables are usually too expensive and/or of poor quality in these
areas. The addition of these resources
adds much needed nutrition to the diet and promotes health and wellness. (Community Action Program) Countywide (TKF)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: Contract for Consulting/Professional
Services with Caregiver Services, Inc., d/b/a Friends Assisting Seniors
& Families, for the period of October 1, 2011, through September 30, 2012, in
an amount totaling $122,560 for health services to Head Start and Early Head
Start children:
A) $34,280
for Early Head Start services;
B) $34,280 for Early Head Start Expansion
services; and
C) $54,000
for Head Start services
Summary: The Division of Head Start has received funds
from the Department of Health and Human Services (HHS) to provide health
services. As a result, Head Start is
contracting with Caregiver
Services, Inc., d/b/a Friends Assisting Seniors & Families to provide health services to Head Start and Early Head
Start children. The contract is funded through a combination of Federal grant
and County funds. (Head Start) Countywide (TKF)
3. Staff recommends motion
to approve: Standard Agreement No. IU012-9500 for
Nutrition Services Incentive Program (NSIP) with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. (AAA), for the period October 1, 2011, to
December 30, 2012, in an amount not to exceed $338,482, to provide effective
delivery of nutritious meals to older individuals. Summary: DOSS receives funds through the AAA to
supplement the cost of providing meals to seniors through the Older American
Act (OAA) Congregate and Home Delivered Meal programs. The reimbursement unit rate is $0.68 per
meal. Employee Jamie
Estremera-Fitzgerald, serves on a County Advisory Board, the Criminal Justice
Mental Health & Substance Abuse Planning Council. The Board/Council provides no regulation,
oversight, management, or policy-setting recommendations regarding the AAA
contract. Disclosure of this contractual relationship at a duly noticed public
meeting is being provided in accordance with the provisions of Sect. 2-443, of
the Palm Beach County Code of Ethics. (DOSS) Countywide, except for portions
of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: three
(3) amendments to Ryan White Part A HIV Health Support Services (Formula)
Contracts for the period March 1, 2011, through February 29, 2012:
A) Amendment No. 2 to Treasure Coast Health
Council, Inc. (R2011-0476) to decrease funding for Specialty Outpatient Medical
Care Services by $115,000 for a new total contract amount not-to-exceed $394,146;
B) Amendment No. 2 to Comprehensive Community
Care Network, Inc. d/b/a Foundcare (R2011-0469) to decrease funding for
Outpatient Primary Care by $20,000, Lab/Diagnostic by $30,000, Home Health Care
by $30,000, Mental Health Counseling by
$5,000 and Emergency Financial Assistance by $18,000 for a new total contract
amount not-to-exceed $505,619;
C) Amendment No. 4 to Comprehensive AIDS
Program, Inc. (R2011-0468) to increase funding for Medical Case Management by
$218,000 for a new total contract amount not-to-exceed $1,526,293.
Summary: Ryan White HIV Health Support
service dollars are reviewed throughout the contract year and reallocated to
best meet the needs of affected clients. A decrease of $115,000 from Treasure
Coast Health Council, Inc. and $103,000 from Comprehensive Community Care Network, Inc. d/b/a Foundcare will be reallocated to Comprehensive
AIDS Program, Inc. ($218,000). These reallocations allow additional clients
to be served with Medical Case Management services. No County funds are required. (Ryan White) Countywide (TKF)
5. Staff recommends
motion to ratify: the signature of the Chair on a proposal submitted
to the Workforce Alliance, Inc.
in response to a Request for Proposals for Targeted Populations to Enter
Unsubsidized Employment, for a one-year period, in the amount of $176,436. Summary: The Targeted
Populations to Enter Unsubsidized Employment grant will provide funding to
assist targeted populations to obtain and maintain gainful unsubsidized
employment. This service will be
provided through the Homeless Resource Center (HRC). Forty unemployed homeless individuals will be
assessed and enrolled in a training and placement employment program. The Lord’s Place, as a partner at the
Homeless Resource Center, will be the service provider. (Human Services) Countywide (TKF)
6. Staff recommends motion to approve: Contract for Provision of Financial Assistance with The Salvation Army, a Georgia Corporation, for the period October 1, 2011, through September 30, 2012, in the amount not to exceed $74,250, for transitional housing services for homeless men. 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. Funds for this service are part of the Homeless Resource Center allocation in the Homelessness Service Category. The use of these funds is recommended to ensure continuity of services prior to and during the Homeless Resource Center start-up. Countywide (TKF)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends motion to approve: recommended
grant awards for Ryan White Part A and Minority AIDS Initiative (MAI) federal
funds in an estimated total amount of $6,615,223 based on current year grant
funding as follows:
|
Agency |
Amount |
|
|
A) FoundCare, Inc. |
$547,239 |
|
|
B) Palm Beach County Health Department |
$2,358,864 |
|
|
C) Treasure Coast Health Council, Inc. |
$453,000 |
|
|
D) Health Care District of Palm Beach County |
$775,403 |
|
|
E) Compass, Inc. |
$330,082 |
|
|
F) Comprehensive AIDS Program of Palm Beach
County, Inc. |
$1,878,515 |
|
|
G) Gratitude House, Inc. |
$17,120 |
|
|
H) Legal Aid Society of Palm Beach County,
Inc. |
$255,000 |
|
|
Total Amount |
$6,615,223 |
Summary: The
awards will provide new or ongoing
funding for agencies providing services to residents of Palm Beach County
living with HIV/AIDS. The Ryan White Program provides services under several
categories including in Outpatient/Ambulatory Medical Care, Laboratory
Diagnostic Testing, Drug Reimbursement, Medical Case Management, and
Non-Medical Case Management. The detailed list of awards with service
categories is attached to the Agenda Item. As directed by the federal
Department of Health and Human Services, the Department of Community Services
issues a Request for Proposals (RFP) every three (3) years. The agencies listed were selected through a
RFP process issued September 29, 2011 and have been recommended to receive
funding for the RFP cycle. The Grantee, Palm Beach County, is responsible for
selecting and contracting with service providers and the Palm Beach County HIV
CARE Council is charged with the sole responsibility of determining service
priorities and allocation of funding accordingly. The award amounts are subject
to change based on the actual 2012 award and recommendations from Palm Beach
County HIV CARE Council. The Provider contracts will be submitted for Board
Approval on a future BCC agenda. Under the Ryan White Part A Treatment Extension
Act of 2009, the Palm Beach County HIV CARE Council establishes priority
service areas and assigns funding percentages. These are 100% federal
grant-funded services. (Ryan White) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve: an Extension of Time to
the following Joint Participation Agreements (JPA) with the Florida Department
of Transportation (FDOT):
A) Airfield Taxiway Rehabilitation at Palm Beach International
Airport, Fin. Proj. No.: 414564-1-94-01
approved by the Board on October 16, 2007 (R2007-1792) is hereby extended until
December 31, 2012; and
B) Construct Apron, Taxilanes and Hangars at North Palm Beach County General Aviation Airport, Fin. Proj. No.: 416294-1-94-01 approved by the Board on September 23, 2008 (R2008-1636) is hereby extended until December 31, 2012.
SUMMARY: Delegation of authority
for execution of the above Extensions of Time to the JPAs with the FDOT was
approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: Airline Operating and Lease Agreement with Spirit
Airlines, Inc. commencing November 1, 2011 and terminating September 30, 2012,
with an automatic extension of the initial term on a year-to-year basis. SUMMARY: Delegation of authority for
execution of the standard County agreement above was approved by the Board of
County Commissioners in R2007-1968. Countywide (AH)
3. Staff recommends
motion to receive and file: License
Agreement with Avis Rent A Car System, LLC (Avis) commencing December 1, 2011
and expiring January 31, 2012, for the parking of vehicles in connection with
Avis’ rental car operation at the Palm Beach International Airport (PBIA), for
payment of a license fee in the amount of $2,925 per month. SUMMARY: Delegation of authority for execution of the
standard license agreement was approved by the Board in R2007-2070. This
License Agreement provides for the use of approximately 43,200 square feet of
parking area adjacent to the Avis rental car facility at PBIA, for use solely
for the parking of vehicles in connection with Avis’ rental car operation at
PBIA. Countywide (AH)
4. Staff recommends
motion to approve: License
Agreement (Agreement) with Naval Operations Support Center (NOSC) West Palm
Beach, granting NOSC a nonexclusive license to use property located at the
northwest corner of Belvedere Road at Clubhouse Drive at the Palm Beach
International Airport (PBIA) on dates and at times approved by the County in
writing for overflow vehicle parking by U.S. Navy reserve personnel at no
charge. SUMMARY: This Agreement provides for vehicle parking
on unimproved Airport property by U.S. Navy reserve personnel associated with
NOSC’s facility on Marine Drive, north of PBIA. NOSC conducts drills at the
facility and has requested the right to use the property from time to time for
overflow parking. NOSC will submit written requests specifying the dates and times
parking is requested, which must be approved in writing by the Airport Director
or his designee. The Agreement will expire on September 30, 2016. The Agreement
is being granted to NOSC at no charge and may be revoked upon notice. Countywide
(AH)
5. Staff recommends
motion to receive and file: License
Agreement with Centerport, Inc. (Centerport) commencing January 1, 2012 and
expiring December 31, 2012, for the parking of trailers and vehicles in
connection with Centerport’s cargo operation at the Palm Beach International
Airport (PBIA), for payment of a license fee in the amount of $162.50 per
month. SUMMARY: Delegation of
authority for execution of the standard license agreement was approved by the
Board in R2007-2070. This License
Agreement provides for the use of approximately 3,000 square feet space
adjacent to the flight crew parking lot areas at PBIA, for use solely for the
parking of trailers and vehicles in connection with Centerport’s cargo
operation at PBIA. Countywide (AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, adopting a revised Disadvantaged Business
Enterprise Program (DBE) for the Department of Airports (Department) DBE
Program); authorizing the County Administrator or his designee to execute the
DBE Program Policy Statement, to transmit the DBE Program to the Federal
Aviation Administration (FAA) for approval and to make certain adjustments to
the DBE Program; repealing Resolution 99-1501; providing for severability; and
providing for an effective date. SUMMARY:
The County, as an airport sponsor receiving more than $250,000 in Airport
Improvement Program grant funding, is required to adopt and implement a DBE
Program for the Department pursuant to 49 CFR Part 26. The County adopted a DBE Program on August
24, 1999 (R-99-1501). The U.S.
Department of Transportation recently adopted rules modifying several of the
provisions of 49 CFR Part 26. In
addition, the existing DBE Program requires updating to reflect current
Departmental procedures. This Resolution
adopts a revised DBE Program for the Department and authorizes the County
Administrator or his designee to execute the DBE Program Policy Statement and
transmit the DBE Program to the FAA for approval. This Resolution also authorizes the County Administrator or his designee to make
adjustments to the DBE Program from time to time to ensure compliance with 49
CFR Part 26; document changes in County or Departmental procedures or polices;
or as otherwise required or recommended by the FAA, the Unified Certification
Program for the State of Florida, or applicable federal regulations, policies,
guidance documents, or orders.
Any changes to the DBE Program shall be filed in the Minutes of the
Clerk of the Board and be subject to approval by the FAA as provided in 49 CFR
Part 26. Countywide (AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve:
A) Amendment No. 3 to the Construction Manager at
Risk (CMR) Contract with The Morganti Group, Inc. for the miscellaneous repair,
replacement and improvement projects for Palm Beach County Department of
Airports, exercising the third and final one (1) year renewal option for the
continuation of services and to modify the contract to include language
regarding the compliance with E-Verify and direct purchase materials;
B) Task No. M-11:
Pre-Purchase of Terminal Chiller and Cooling Tower equipment at Palm
Beach International Airport (PBIA) in the amount of $1,570,000; and
C) a Budget Transfer of $700,000 in the Airports
Improvement and Development Fund from Reserves to provide additional budget
needed to fund the purchase of the equipment.
SUMMARY: The CMR
Contract with The Morganti Group, Inc. a Palm Beach County company, for the
Miscellaneous Repair, Replacement and Improvement Projects for Palm Beach
County Department of Airports was approved on May 20, 2008 (R2008-0850). The Contract is for two (2) years with three
(3) - one (1) year renewal options.
Amendments No. 1 and No. 2 exercised two out of the three renewal
options. Approval of Amendment No. 3
will allow the County, at its sole discretion, to exercise the third and final
one (1) year renewal option for the continuation of services provided under the
CMR Contract. In addition, this
amendment will modify the contract to include State and Federal requirements
that the Contractor utilize the U.S. Department of Homeland Security’s E-Verify
System, in accordance with the terms governing use of the system, to confirm
the employment eligibility of the employees to work in the United States. Amendment No. 3 will also modify the contract
to include additional language relating to provisions for State of Florida
sales and use tax exemption for County-furnished materials. This language allows for substantial cost
savings for the County due to direct owner purchase of materials while still
holding the Contractor responsible for all matters relating to the receipt of
materials and equipment furnished by the County in accordance with the Special
Conditions contained in the Amendment.
This Amendment will allow for more than $1,250,000 in direct
owner-purchased supplies and equipment, resulting in a sales tax savings of
approximately $75,000. Approval of Task No. M-11: Pre-Purchase of Chiller and Cooling Tower
equipment in the amount of $1,570,000 will enable the Department of Airports to
purchase equipment that is needed to support the Terminal Chiller and Cooling
Tower Improvements Project at PBIA currently under design that must be
completed in advance of the summer season.
It also includes pre-construction services required for solicitation and
review of bids for the equipment. The
Small Business Enterprise (SBE) Goal for this contract was established at 15%.
The total SBE contract participation to date is 15.63%.
Countywide (JCM)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. Staff
recommends motion to receive and file:
seventeen
(17) original documents for the
Department of Airports:
A) Consent to Sublease for Galaxy Aviation of Palm
Beach, Inc. and Dassault Falcon Jet – Wilmington Corp., commencing September 1,
2011;
B) Consent to Sublease for Galaxy Aviation of Palm Beach, Inc. and
Executive Air Services, LLC, commencing November 1, 2011;
C) Consent to Sublease for Galaxy Aviation of Palm
Beach, Inc. and Executive Airlink, Inc., commencing August 4, 2011;
D) Consent to Sublease for Galaxy Aviation of Palm
Beach, Inc. and SK Jets, Inc., commencing September 1, 2011;
E) Consent to Sublease for Galaxy Aviation of Palm
Beach, Inc. and Skyblue Aviation Group, Inc., commencing August 1, 2011;
F) Consent to
Sublease for Florida Airmotive, Inc. and Sarasota Avionics, Inc., commencing September
1, 2011;
G) Consent to Sublease for Jet Aviation Associates, Ltd. and Advanced
Airways, commencing October 1, 2011;
H) Consent to Sublease for Jet Aviation Associates, Ltd. and Comvest Group
Holdings, LLC, commencing November 1, 2011;
I) Consent to Sublease for Jet Aviation Associates, Ltd. and Continental
Mining and Metallurgical Corp. (hangar) commencing June 1, 2011;
J) Consent to Sublease for Jet Aviation Associates, Ltd. and Continental
Mining and Metallurgical Corp. (Amendment 1), commencing July 1, 2011;
K) Consent to Sublease for Jet Aviation Associates, Ltd. and Dealers
Management Ltd., commencing May 20, 2011;
L) Consent to Sublease for Jet Aviation Associates, Ltd. and Enterprise
Leasing Company, commencing February 23, 2009;
M) Consent to Sublease for Jet Aviation Associates, Ltd. and Flight Safety
International, Inc., commencing May 1, 2011;
N) Consent to Sublease for Jet Aviation Associates, Ltd. and Grussair, LLC,
commencing June 1, 2011;
O) Consent to Sublease for Jet Aviation Associates, Ltd. and JETEX, LLC,
commencing September 13, 2011;
P) Consent to Sublease for Jet Aviation Associates, Ltd. and N25ORG, LLC,
commencing June 7, 2011; and
Q) Consent to Sublease for Jet Aviation Associates, Ltd. and North American
Realty Services LLLP, commencing August 1, 2011.
SUMMARY: Delegation of authority for
execution of the standard County agreements above was approved by the Board of
County Commissioners in R94-1453. Countywide
(AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff
recommends motion to receive and file:
forty-three (43) original documents for the Department of Airports:
A) Consent to Sublease for Piedmont Hawthorne Aviation, LLC, d/b/a Landmark
Aviation and Seminole Wind, Inc., commencing November 9, 2011;
B) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Roger Bates,
commencing September 1, 2011;
C) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Skylane Flights, LLC,
commencing April 1, 2011;
D) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and ATEC, Inc.,
commencing September 1, 2011;
E) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and WHR Sales,
commencing June 1, 2011;
F) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Cloud 9
Helicopters, LLC, commencing April 1, 2011;
G) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Leroy J. Bush
commencing September 1, 2011;
H) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and P&C Leasing,
LLC, commencing May 1, 2011;
I) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Aircraft Mobile
Detailing LLC, commencing September 15, 2011;
J) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Nettles
Enterprises, Inc., commencing September 1, 2011;
K) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Gator Wholesale
Supply, commencing July 1, 2011;
L) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and M&M Medical
Products, commencing June 1, 2011;
M) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Skylayne
Aviation, Inc., commencing September 1, 2011;
N) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and James Roswell
(Building 11350, Number 5), commencing February
1, 2011;
O) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and James and Lois
Garza, commencing July 1, 2011;
P) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Jupiter Yacht
Charters, Inc. d/b/a Albury Brothers Boats, commencing October 1, 2011;
Q) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and James Roswell
(Building 11350, Number 17), commencing February 1, 2011;
R) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Ocean
Helicopters, commencing November 1, 2004;
S) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and SunQuest Aviation
(Building 11610, Offices 15 and 16), commencing April 1, 2010;
T) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and SunQuest Aviation
(Building 11610, Offices 19 and 20), commencing November 1, 2004;
U) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Luhtech Jet,
commencing October 1, 2011;
V) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Jet Tech
Interiors, commencing April 1, 2010;
W) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Island Aircraft
Associate, commencing October 1, 2005;
X) Consent to Sublease for Piedmont
Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Carrier Enterprises Corp.,
Michael K. Harrison, commencing September 1, 2011;
Y) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Challenger
Management, commencing October 1, 2011;
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. MOTION/TITLE CONTINUED
Z) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Two Two Seven MK,
LLC, Raymond Mancuso, commencing September 1, 2011;
AA) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Roger Moore
(11720 No. 11), commencing September 1, 2010;
BB) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a
Landmark Aviation and Roger Moore (11720 No. 13), commencing September
1, 2010;
CC) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Land, Sea, Air
Unlimited, commencing November 1, 2011;
DD) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and John Ingersoll,
commencing July 1, 2011;
EE) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Joseph P.
Campbell, commencing April 1, 2011;
FF) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Platinum Airways,
Inc., commencing September 1, 2011;
GG) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Joel A.
Schneider, commencing November 1, 2010;
HH) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Kevin Mahoney,
commencing February 1, 2011;
II) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Grey Aviation
(Eli Caison), commencing February 1, 2011;
JJ) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and David L.
Wojtanowski, commencing December 1, 2010;
KK) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a
Landmark Aviation and YB Dul, Inc., commencing September 7, 2011;
LL) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and William Richards
Swope, Jr., commencing April 1, 2011;
MM) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Rodmark Aviation,
LLC, commencing September 1, 2011;
NN) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Aviation Systems
& Programs II, Inc., commencing March 1, 2011;
OO) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Joseph Masessa,
commencing November 1, 2011;
PP) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and Wyatt Bell
“Landtech Data Corporation”, commencing February 1, 2011; and
QQ) Consent to Sublease for
Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation and P&S LLC,
commencing May 1, 2011.
SUMMARY: Delegation of authority for execution of the
standard County documents above was approved by the Board of County
Commissioners in R1994-1453. Countywide
(AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $22,500 for the full satisfaction of a Code
Enforcement Lien that was entered against Marvin Parsoff on October 3, 2007. SUMMARY:
The Code Enforcement
Special Master (CESM) entered an order on August 1, 2007 giving Marvin Parsoff
until August 15, 2007 to cease the continued group assembly in the residential
building or to obtain a new Certificate of Occupancy to use the building as a
group assembly building. Compliance with the CESM’s Order was not achieved by the
ordered compliance date and a fine in the amount of $250 per day was imposed.
The CESM then entered a claim of lien against Marvin Parsoff on October 3,
2007. The cited code violations were fully corrected as of May 6, 2008. The
total accumulated lien amount through October 31, 2011, the last day of the
month in which date settlement discussions resumed, totaled $95,644.54 of which
Marvin Parsoff has agreed to pay the County $22,500 (23.52%) for full
settlement of his outstanding Code Enforcement Lien. District 5 (PGE)
2. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $54,750 for the full satisfaction of a Code
Enforcement Lien that was entered against West Boynton Auto Services, Inc. on
August 2, 2006. SUMMARY: The
Code Enforcement Special Master (CESM) entered an Order on April 5, 2006,
giving West Boynton Auto Services, Inc. (WBAS) until May 5, 2006 to cease
operating their Budget Rental Trucks business on the property without BCC
approval. This accessory business was not indicated, or a part of the original
BCC approved site plan for their property. Compliance with the CESM’s Order was
not achieved by the ordered compliance date and a fine in the amount of $500
per day was imposed. The CESM then entered a claim of lien against WBAS on
August 2, 2006. The cited code violations were fully corrected as of December
13, 2006. The total accumulated lien amount through April 30, 2009, the date
settlement discussions began, totaled $164,260.17 of which WBAS has agreed to
pay the County $54,750 (33.33%) for full settlement of their outstanding Code
Enforcement Lien. District 5 (PGE)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) Change Order No. 17 to Amendment No. 3 to
the contract with Hedrick Brothers Construction (R2007-1506) decreasing the
Guaranteed Maximum Price (GMP) by $205,861.35 for Phase 1 of the Four Points
Renovation project; and
B)
Amendment No. 12 to the contract with Hedrick Brothers Construction
(R2007-1506) in the amount of $2,031,410 for construction services related to
Phase 2 of the Four Points Renovation Project, the build out of a portion the
first floor space specifically for Information System Services (ISS) Platform and Enterprise Services and Data
Center.
SUMMARY: The
renovation of the Phase 1 of Four Points Renovations is complete. Of the original $10,696,433 GMP, there is
$205,861.35 remaining in the contingency due to unused contingency funds and
project savings due to competitive subcontractor buyout. Change Order No. 17 reconciles the final
project cost and will allow for the closeout of Amendment No. 3. Amendment No. 12 will provide build out of
11,748 square feet for relocating ISS Platform and Enterprise Services and Data
Center from the Government Center. This
move will provide a hardened location for the Data Center as the Four Points
Office Building has been recently renovated to withstand 180 mph winds. Relocating the Data Center will secure the
County’s network services and provide redundant utilities and a higher level of
backup power generation for this critical function. In addition, relocation of this ISS use will
make the space available for the Tourist Development Council’s (TDC) relocation
to the Government Center and the subsequent expiration of TDC’s lease of
private space resulting in a reduction in recurring operations costs to
TDC. The duration for this change will
be 140 calendar days to substantial completion.
Funding for this project is from the Public Building Improvement Fund
including the use of the $205,861.35 deducted from Amendment No. 3. The Small Business Enterprise (SBE) goal for
this contract is 15%. Hedrick Brothers is providing 44% SBE participation in
this change order. When added to the
contract work to date, the resulting SBE participation is 30%. Hedrick Brothers
Construction is a Palm Beach County firm and all but $35,203 of the work will
be done by Palm Beach County subcontractors.
(Capital Improvements Division) District 2 (JM)
2. Staff recommends
motion to approve: a
First Amendment to the Interlocal Agreement (R2008-0052) with the Town of Palm Beach Shores (Town) to
retroactively extend the term of the Interlocal Agreement to January 14, 2016.
SUMMARY: The Interlocal Agreement with the Town,
which provides the terms and conditions under which the Town can directly
access the County's 800 MHz Radio System expired on January 14, 2012. The Interlocal Agreement provides for two
(2) renewal options, each for a period of four (4) years. Both parties must approve the renewal
option. The Town has approved a renewal
to extend the term of the Interlocal Agreement until January 14, 2016. The renewal now requires Board approval. The terms of the Interlocal Agreement are
standard and have been offered to all municipalities and local branches of
State/Federal agencies where connection through an established municipal hub is
not technically feasible. The annual fees are consistent with those being
charged to the County departments. The
Town is required to pay all costs associated with subscriber units and to
comply with the established operating procedures for the System. The Agreement may be terminated by either
party, with or without cause, on October 1st of any year, with a
minimum of 6 months notice. This First Amendment: (i) renews the term; (ii)
updates the notice provisions; (iii) updates Attachment 3; and (iv) provides
for disclosure of the County Ordinance establishing the Office of the Inspector
General. Other than the changes set
forth herein all other terms and conditions remain the same. (ESS) Countywide (JM)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Utility Easement Agreement in favor of the
Florida Power & Light Company (FPL) for underground electrical services and
pad mounted transformer within the County’s DuBois Park in unincorporated
Jupiter. SUMMARY: The County
currently has overhead power lines servicing DuBois Park located west of the
Jupiter Inlet in an unincorporated pocket northeast of the Town of
Jupiter. A new water taxi shelter is
being constructed within the park and will require electrical hook up. The Parks Department is taking this
opportunity to bury the overhead power lines servicing an existing restroom and
museum, in addition to the water taxi shelter.
The easement area is approximately 1095 feet long, 10 feet wide, and
contains 10,849 square feet (0.25 acre).
This non-exclusive easement is being granted at no charge as it will
benefit the Park facilities. (PREM) District
1 (HJF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion
to approve: the creation of one
(1) full-time position within the Department of Housing and Community
Development (HCD), a Planner I (Pay Grade 29), which will be grant funded. Summary: This
full-time position will carry out entry level professional planning and
administrative work in connection with the implementation of grant funded
activities undertaken by HCD. The
position will be funded from grant funds presently available or from any other
funds that become available at a future time. The position will terminate upon
the exhaustion of available funds. (Planning) Countywide (TKF)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to receive and file: four (4) Agreements and twenty (20)
Amendments to Agreements as follows:
A) an Interlocal Cooperation
Agreement with the City of South Bay in connection with the formulation of the
Palm Beach County Community Development Block Grant (CDBG) Urban County
jurisdiction;
B) Amendment No. 004 to an Agreement
(R2010-0899) with Riviera Beach Housing Authority under the Neighborhood
Stabilization Program (NSP1);
C) Amendment No. 003 to an Agreement
(R2010-0900) with Housing Partnership, Inc. under NSP1;
D) Amendment No. 004 to an Agreement
(R2010-0902) with Florida Conference Association of Seventh-Day Adventists
under NSP1;
E) Amendment No. 003 to an Agreement
(R2010-0903) with Community Land Trust of Palm Beach County, Inc. under NSP1;
F) Amendment No. 004 to an Agreement
(R2010-1036) with the Village of Wellington under NSP1;
G) A Loan Agreement with Colonial
Lakes Apartments, Ltd. under the Neighborhood Stabilization Program 2 (NSP2);
H) Amendment No. 001 to the Loan
Agreement with Colonial Lakes Apartments, Ltd. under NSP2;
I) Amendment No. 002 to the Loan
Agreement with Colonial Lakes Apartments, Ltd. under NSP2;
J) a Subordination and Intercreditor Agreement with Citibank, N.A.
(Citibank) in connection with the Colonial Lakes Apartments, Ltd. project under
NSP2;
K) Amendment No. 001 to an Agreement (R2011-1029) with Neighborhood
Renaissance, Inc. under NSP2;
L) Amendment No. 001 to an Agreement
(R2011-1030) with Community Land Trust of Palm Beach County, Inc. under NSP2;
M) Amendment No. 001 to an Agreement (R2011-1031) with Westgate/Belvedere
Homes Community Redevelopment Agency under NSP2;
N) an Agreement with the Housing
Authority of the City of Belle Glade under the 2005 Disaster Recovery
Initiative – Supplemental Appropriation (DRI3);
O) Amendment No. 002 to an Agreement (R2011-0615) with West Palm Beach
Housing Authority (Colony Oaks and Twin Lakes Project) under DRI3;
P) Amendment No. 001 to an Agreement
(R2011-0616) with Boca Raton Housing Authority (Banyan Place Project) under
DRI3;
Q) Amendment No. 001 to an Agreement
(R2011-0617) with In the Pines, Inc. under DRI3;
R) Amendment No. 001 to an Agreement (R2011-1618) with Boca Raton Housing
Authority (Boca Island East and Dixie Manor Projects) under DRI3;
S) Amendment No. 001 to an Agreement (R2011-0619) with West Palm Beach
Housing Authority (Robinson Villas Project) under DRI3;
T) Amendment No. 001 to an Agreement (R2011-0621) with Neighborhood
Renaissance, Inc. under DRI3;
U) Amendment No. 001 to an Agreement
(R2011-0622) with Palm Beach County Housing Authority (Marshall Heights
Project) under DRI3;
V) Amendment No. 001 to an Agreement
(R2011-0623) with Palm Beach County Housing Authority (Scattered Sites Project)
under DRI3;
W) Amendment No. 001 to an Agreement
(R2011-0624) with Palm Beach County Housing Authority (Schall Landing and
Seminole Manor Project) under DRI3; and
X) Amendment No. 001 to an Agreement
(R2011-0625) with the City of Delray Beach under DRI3.
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
2. SUMMARY CONTINUED
Summary: In
accordance with County PPM CW-0-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The above Agreements and
Amendments have been fully executed on behalf of the Board of County
Commissioners (Board) by the Chair of the Board and by the County
Administrator, or designee, in accord with Agenda Items R2001-340, R2007-1524,
R2009-1122 and R2011-1384 approved by the Board on February 27, 2001, September
11, 2007, July 7, 2009, and September 13, 2011, respectively. These Agreements and Amendments are now being
submitted to the Board to receive and file. These are Federal CDBG, NSP1,
NSP2, and DRI3 funds which require no local match. (Contract Development) District
2 (TKF)
3. Staff recommends
motion to approve: the following two (2) Community Development Block
Grant Agreements:
A) an Agreement with the Town of
Lake Park in the amount of $52,200 for the period of January 24, 2012, to July
31, 2013; and
B) an Agreement with the City of Greenacres in the amount of $90,830 for
the period of January 24, 2012, to December 15, 2013.
Summary: Community Development Block Grant (CDBG) funds will be used for these two
(2) projects. The project in the Town of
Lake Park includes median and irrigation improvements on Flagler Boulevard
between Palmetto Drive and West Jasmine Drive.
The project in the City of Greenacres includes a sanitary sewer main and
associated improvements on 10th Avenue from Walker Avenue to Jackson
Avenue and on Jackson Avenue 300 feet north and south of 10th
Avenue. These are Federal CDBG funds
which require no local match. (Contract Development) Districts 1 & 2
(TKF)
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: an executed Indemnification Agreement with API
Cameron Park, LLC, a Delaware Limited Liability Company received during the
month of October 2011. 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 above
Indemnity Agreement has 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 is now being submitted to the Board to receive and
file. (WUD No. 11-542) District 5 (MJ)
2. Staff recommends
motion to approve: a Wastewater Development Agreement
(Agreement) with John
Jarvis & Son, LLC. Summary: John Jarvis & Son, LLC owns property located on 179 North Jog Road (NW corner of Jog Road and SR
80). In order to provide Wastewater concurrency reservations for new developments,
the Department of Water Utilities (Department) requires property owner to enter
into a formal development agreement with the Department. While the Department
Director has been delegated the authority to enter into Standard Development
Agreement (SDA’s), Board of County Commissioners approval is being sought in
this case due to a Special Condition added to the Agreement. The condition
requires John Jarvis & Son, LLC to perform certain Department required utility work prior to Sewer service
activation, at no cost to the Department. District 6 (MJ)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve:
A) Amendment No. 1 to the unit price Contract
with AKA Services, Inc.; and
B) Amendment No. 1 to the unit price Contract
with Johnson-Davis, Inc. for the Water Utilities Department Pipeline Continuing
Construction Contract to install raw water, potable water, reclaimed water, and
wastewater pipelines, wastewater manholes, and water service lines, renewing
the Contract for a 12 month period.
Summary: On September 14, 2010, the Board of County
Commissioners approved the Water Utilities Department Pipeline Continuing
Construction Contract (R2010-1422) to AKA Services, Inc. in the amount of
$6,902,903.50 and Pipeline Continuing Construction Contract (R2010-1423) to
Johnson-Davis, Inc. in the amount of $7,211,660. Amendment No. 1 is for a 12 month contract renewal of the base Contract only. The Contract by
itself does not guarantee, nor authorize AKA
Services, Inc. and/or Johnson-Davis, Inc. to perform any work. There
shall be no unit price increases for labor
and materials contained in these Contracts for the duration of the 12 month
renewal period. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
AKA Services, Inc. provides for SBE
participation of 16.11% overall and the contract with Johnson-Davis, Inc. provides for SBE participation of 15.09%
overall. Both AKA Services, Inc. and Johnson-Davis, Inc. are Palm Beach County
companies. (WUD Project No. 10-046) Districts 1, 2, 3, 5 & 6 (JM)
4. Staff
recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County,
Florida revising the Water Utilities Department’s Uniform Policies and
Procedures Manual (UPAP). Summary: The UPAP is a codification of the
Department's fees, standards, legal documents, policies and procedures which
govern the provision of potable water, reclaimed water, and wastewater
services. The Department updates the
UPAP from time to time to insure compliance with recently enacted laws and
ordinances, and to insure that it continues to enable effective and efficient
delivery of utility services. This
proposed revision contains no major policy changes. Changes are made to bring
the UPAP into compliance with the previously passed Tampering Ordinance
(R2010-014), the Annual Index Rate Ordinance (R2007-003), the Pretreatment
Program Ordinance (R2011-030), and the Special Assessments and Deferred Payment
Plans Policy (R2010-2145). Other revisions
respond to changes in various Federal regulations. Also included are minor changes to the
Department’s Design and Construction Standards as well as various minor changes
and clarifications to existing customer service policies. A Summary of Proposed
Changes to UPAP is shown in Attachment 3 of the Agenda Item. The Water Utilities Advisory Board reviewed
and unanimously approved the changes to the UPAP at their December 2, 2011
meeting. (Finance and Administration) Countywide (MJ)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: Supplement No. 1 to Work Authorization No. 5
(R2011-0926) with Johnson-Davis, Inc., Continuing Construction
Contract (R2010-1423) for the South County Water Service Replacement
Project – Phase I, increasing the contract time by 180 days. Summary: On September 14, 2010, the Palm Beach
County Board of County Commissioners approved the Contract with Johnson-Davis,
Inc. (R2010-1423) for the Continuing Construction Contract. This Supplement increases the contract time by 180
days to allow for project completion within 300 days. The project time line for
Work Authorization No. 5 was established at 120 days, due to a scrivener’s
error. There is no increase in cost related to this supplement. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
is 15% overall. The contract with
Johnson-Davis, Inc. provides for SBE participation of 15.05% overall. This Authorization
includes zero overall SBE participation. The cumulative SBE participation,
including this Authorization is 15.84% overall.
Johnson-Davis, Inc. is a Palm Beach County company. (WUD Project No.
06-175) District 5 (JM)
6. Staff recommends
motion to approve: Partial Release of Utility Easement on land owned by Boca
Raton Commerce Center II, LLC. Summary: This document
will release the County’s interest in a portion of a utility easement granted
through the document recorded in the Official Records of Palm Beach County in
Book 2053, Page 773 on land owned by Boca Raton Commerce Center II, LLC. The Water Utilities Department has determined
that a portion of the easement is no longer needed, and therefore recommends
the release. District 5 (MJ)
7. Staff
recommends motion to approve: Grant of Utility Easement from Palm Beach
County School Board (School Board). Summary: County and the Village of Palm Springs
intend to install an Emergency Potable Water Service Interconnect on School
Board property located on Forest Hill Blvd, west of Congress Avenue. A Utility
Easement is required to install and maintain the proposed interconnect
facilities. This Easement
will grant to the County all necessary rights to design, construct and maintain
utility facilities within the easement property. Palm Beach County Water
Utilities Department Director has been delegated the authority to accept
utility easement grants as provided in the Department’s Uniform Policies and
Procedures. Board acceptance is being sought in this case due to added
provisions and restrictions required by the School Board. The Department agrees
to the restrictive language of the easement. (WUD Project No. 11-146) District
5 (MJ)
8. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 5 to MWH
Americas, Inc. for new Production Wells at Water Treatment Plants No. 2, 3, and
8 in the amount of
$497,928. Summary: On May 3,
2011, the Palm Beach County Board of County Commissioners approved the
continuing Contract for Utility
Hydrogeologic & Water Resources Engineering Services with MWH Americas, Inc. (R2011-0632). This CSA will
provide for engineering and hydrogeological services to design and permit two
(2) new wells at Treatment Plants No. 2 and
3, and four (4) new wells at
Treatment Plant No. 8. These wells
are needed to ensure system reliability by spreading pumping out during dry
periods, no new water allocation is required. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with MWH Americas, Inc. provides
for SBE participation of 26% overall.
This authorization includes 47.99% overall participation. The cumulative SBE participation, including
this CSA is 34.09% overall. MWH
Americas, Inc. is a Palm Beach County company. (WUD Project No. 12-006) Districts
2 & 5 (JM)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
9. Staff recommends
motion to approve:
A) a Contract for Water, Wastewater, and Reclaimed
Water Improvements Design/Build Services with Globaltech, Inc. and
B) a Contract for Water, Wastewater, and Reclaimed Water Improvements
Design/Build Services with Calvin, Giordano & Associates, Inc.
Summary: These two (2) Contracts will improve the
County’s water, wastewater, and reclaimed water treatment facilities by
providing design/build services for optimization, energy efficiency, continuing
compliance with regulatory requirements, safety, security, alternative water
supply, and replacement or repair of critical components. The
engineering/professional and design/build/construction services will typically
be for projects less than $1,000,000 of construction value. Consultant Services Authorizations and Work
Authorizations will be negotiated and issued in accordance with the standard
County procedures outlined in Countywide PPM CW-F-050. Each Contract has a term of three (3) years
subject to two (2) annual performance reviews.
Globaltech, Inc. has agreed to meet or exceed a 75% Small Business
Enterprise (SBE) participation goal. Calvin, Giordano & Associates, Inc.
has agreed to meet or exceed a 26% SBE goal. Globaltech is a Palm Beach County and Certified
SBE Company.
Calvin, Giordano & Associates, Inc. is a Palm Beach County Company. (WUD Project No. 11-134) Countywide (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to:
A) approve Grant Agreement No. 11227 with the Florida
Fish and Wildlife Conservation Commission (FWC) that provides $21,432 for
monitoring twenty-nine (29) reefs, including thirteen (13) artificial reefs
built using construction grants from FWC;
B) approve Budget Amendment of $21,432 in the
Environmental Enhancement Saltwater Fund (1224) to recognize the revenue;
C) authorize the County Administrator, or his designee,
to sign all future time extensions, task assignments, certifications and other
forms associated with this agreement and necessary minor amendments that do not
change the scope of work or terms and conditions of the agreement;
SUMMARY: The FWC Grant Agreement will reimburse the County $21,432 for monitoring
activities associated with 29 reefs. The majority of the work will be performed
by the volunteer Palm Beach County Reef Research Team (RRT). The expiration date of the Grant Agreement is
April 30, 2014, and the legal venue for any action is Leon County. No matching funds are required. Districts
1, 4 & 7 (SF)
2. DELETED
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to approve: Task
Order 1296-06 to a continuing Contract (R2010-1296) with Applied Technology and
Management, Inc. (ATM) in the amount of $234,738.74 for design and permitting
work needed to support construction of the 2012 South Lake Worth Inlet Sand
Trap Expansion and Maintenance Dredging Project (Project). SUMMARY: The Board of County
Commissioners approved the Contract with ATM, a Palm Beach County company, on
August 17, 2010 (R2010-1296). Task Order 1296-06 authorizes ATM to utilize
recent bathymetric, sub-bottom, and seagrass surveys to design and permit the
proposed Project and to calculate seagrass impacts and mitigation requirements
for submittal to the Florida Department of Environmental Protection (FDEP). FDEP
Grant Agreement 11PB1 (R2011-0930) recognizes the importance of maintaining the
downdrift beaches and mitigating for inlet effects and provides for 75%
cost-share of the non-Federal Project costs.
Additional funding assistance may be provided through interlocal
agreements with the City of Boynton Beach and the Florida Inland Navigation
District (FIND). The County’s share of this Task Order is funded by tourist
development taxes and FDEP funding. There is 8.9% Woman Business Enterprise
(WBE) and 3.2% Small Business Enterprise (SBE) sub-consultant participation on
the Task Order. ATM committed to an
overall 15% SBE-M/WBE participation in the Contract. ATM has achieved 40.8% cumulative SBE-M/WBE
participation on the Contract including this Task Order. District 4 (JM)
4. Staff recommends
motion to:
A) approve a Grant Agreement (Agreement) with Florida
Communities Trust (FCT) that specifies the requirements which must be met in
order for the County to receive Florida Forever Revenue Bond proceeds for a
portion of its Cypress Creek Natural Area.
The grant award amount will be the lower of 36.32% of the total approved
project costs or $5,000,000; and
B) authorize the County Administrator, or
his designee, to execute all documents in connection with this grant on behalf
of the County, provided such documents do not change the scope of work or terms
and conditions of the Agreement.
SUMMARY: The
Cypress Creek Natural Area Phase V property (R2007-1589) was purchased jointly
with the Solid Waste Authority (SWA) in 2008 as part of the County’s
Conservation Lands Acquisition Program.
The County became sole owner of the property in 2009 when SWA conveyed
its 28% ownership interest to the County.
Approval of this Agreement is the first step to receive funds from the
Florida Forever Grant Program. The
Agreement requires the County to submit to an audit; to manage the site solely
for the conservation, protection and enhancement of the existing natural and
historic resources; and to develop a Project Plan that identifies the proposed
public use facilities, management activities, and the permitted passive
recreational activities. Approval of the
Project Plan by FCT is required before funds will be disbursed. Following Project Plan approval the County
will be required to execute a Declaration of Restrictive Covenants (DRC), which
identifies the remaining contractual obligations, and a Grant Award Calculation
(Calculation) which identifies the amount of grant dollars. Due to the standard nature of the grant
requirements and short turn-around allotted for DRC and Calculation processing,
authorization is requested for the County Administrator, or his designee, to
execute all future documents associated with this grant. District 1 (SF)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to:
A) approve Change Order No. 5 with The Murphy
Construction Company in the amount of $78,076.90 and a time extension of 48 days for
additional work on the Dubois Park Redevelopment, Project No. 2009ERM10; and
B) adopt
Resolution for the Clerk of the Board to disburse $125,000 from the Vessel
Registration Fee Trust Fund for the Dubois Reef Restoration Project; and
C) approve Budget Transfer of $125,000 from reserves in
the Environmental Enhancement Saltwater Fund (1224) to fund the Dubois Reef
Restoration Project.
SUMMARY: The
Board of County Commissioners (BCC) approved the Dubois Park Redevelopment
Project No, 2009ERM10 on July 20, 2010. Change Order No. 5 will bring the
cumulative contract amount to $2,566,548.73 and will increase the contract time
to 512 days. This Change Order will authorize required electrical work at the
Dubois Pioneer Home Museum and the installation of additional rock along the
Park’s artificial reef in order to increase the structure’s elevation. Change
Order No. 5 reduces the total amount of Task 3.01 (Demolition &
Miscellaneous Earthwork) for site restoration work not completed by the
contractor. The Small Business Enterprise (SBE) participation of 17.34% as set
forth in the Contract will be reduced to 16.48%. This Change Order requires BCC approval due
to the fact that the net monetary increase, when combined with the value of the
time extension in liquidated damages, exceeds the threshold established in PPM
CW-O-050. The contract is funded from a combination of local, State and Federal
grants, boater access bond funds and vessel registration fees, all non-ad
valorem sources. The approval of the Budget Transfer will provide $125,000 to
cover the cost of the reef construction work order and other ancillary costs. District
1 (JM)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Interlocal Agreement
with South Florida Science Museum, Inc. (SFSM) and the City of West Palm Beach
for the period January 24, 2012, through July 23, 2014, in an amount
not-to-exceed $2,400,000 for the funding of South Florida Science Museum improvements.
Summary: This revised
Interlocal Agreement supersedes and replaces Agreement R2010-1337 for funding
of construction of improvements to the South Florida Science Museum – Phase I
as approved by the Board on August 17, 2010. This revised Agreement modifies
the project scope to be more in line with current funding available to SFSM.
Although the scope and amount of matching funding has been reduced, the
proposed project still provides new and improved facilities will continue to
serve Palm Beach County residents. The County Funding Contribution is unchanged
at $2,400,000. Budget has previously been established for this project with
funding from the 2002 $50 Million Recreational and Cultural Facilities Bond
referendum. District 2 (PK)
2. Staff recommends
motion to approve: First
Amendment to Contract (R2010-2016) with Gordon Andrews for the period February
1, 2012, through January 31, 2013, in an amount not-to-exceed $106,500 per year
for USA Swimming and U.S. Masters Swimming coaching services at the Lake Lytal
Family Aquatic Center. Summary:
For the past 15 years, Gordon Andrews has been the USA Swimming coach at Lake
Lytal Family Aquatic Center. He has been
the U.S. Masters Swimming coach for the past year. The current Professional Services Contract will
expire on January 31, 2012; however, there are two (2) – one (1) year renewal
options available under this contract. This Amendment exercises one renewal
option with Gordon Andrews through January 31, 2013, with one (1) – one (1) year
renewal option remaining, in an amount not-to-exceed $106,500 per year. This amount is unchanged from the current
year rate. This contractor utilizes six (6)
additional coaches in providing this service. District 2 (AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
3. Staff recommends
motion to adopt: a Resolution
amending Resolution R94-422 as amended by Resolution R2002-2103 and Resolution
R2007-0409, approving a revised standard Independent Contractor Agreement form
and delegating authority to the County Administrator, Director and Assistant
Director of the Parks and Recreation Department to execute amendments to the
standard Independent Contractor Agreement form.
Summary: This Resolution amends R94-422, as amended by
R2002-2103 and R2007-0409 by revising the standard Independent Contractor
Agreement form and delegating authority to the County Administrator, Director
and Assistant Director of the Parks and Recreation Department to execute
amendments to the standard Independent Contractor Agreement form. The standard Independent Contractor Agreement
form needs to be revised to make minor administrative changes and incorporate
required language specific to the Inspector General. In addition, the revision delegates authority
to execute amendments to the agreement form which will streamline the process
for as many as 100 Independent Contractor Agreements annually. Countywide (AH)
4. Staff recommends
motion to approve: modification of
project scope for the West Delray/Boynton District Park capital project to
include additional infrastructure improvements. SUMMARY: The previously approved
project scope for this capital project request was limited to field lighting
due to availability of funding.
Additional project elements including overflow parking, ADA sidewalks,
landscaping, irrigation, fencing and other related items were to be budgeted in
future years. Unanticipated funding from
the Energy Efficiency and Conservation Block Grant was used for the lighting
project, and now funding is available to complete these additional project
elements in this budget year. No
additional funding is needed for this project expansion and it is anticipated
that the additional project elements will be accomplished through annual
contracts. There is currently $125,948
available in this project budget to cover project expenditures. District 5
(AH)
5. Staff recommends
motion to approve: modification of project scope for the South
Bay RV Park and Recreation Center capital project to include additional
improvements including the adjoining County operated boat ramps. Summary: The previously approved
project scope for this capital project did not include the adjoining boat ramps
that were not under County control at the time budget was established for this
project. The South Bay RV Park and
Recreation Center project is substantially complete; however, additional
improvements need to be completed at the RV Park and boat ramp locations. The additional project elements at the boat
ramp area include boat ramp upgrades, picnic table shade covers, signage, ADA
pathway from the top of the levee, landscaping, previously completed soil and
pile testing, and other related infrastructure items. A new automated gate system will also be
added to the RV Park. No additional
funding is needed for this project expansion and it is anticipated that the
additional project elements will be accomplished through annual contracts. Project elements are estimated to cost
$200,000 and there is adequate funding remaining in the project budget. District
6 (AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve:
A) an Agreement with the Florida Department of
Agriculture and Consumer Services (FDACS) for funding of a part-time program
assistant;
B) a new part-time program assistant to conduct
an urban forestry program in Palm Beach County for 25 hours per week for one (1)
year;
C) a Budget Amendment of $15,000 in the
Cooperative Extension Revenue Fund to recognize new funding. The term of this
Agreement shall begin on the date of execution and shall terminate on January
31, 2013.
Summary: The Florida Department of Agriculture and
Consumer Services (FDACS) will provide funding to Palm Beach County (County) to
support a part-time program assistant to conduct the Urban Forestry Program in
Palm Beach County in amount not to exceed $15,000. County will provide an in-kind match of
$15,075 for 300 volunteer hours and 638 hours of professional and staff support
from ad valorem funding. The program
assistant will develop reusable learning objects (RLOs) for professional and
residential audiences, develop presentations, train volunteers and master
gardeners in Palm Beach County, as well as adjacent counties, and develop
partnerships and relationships throughout the state to publicize the RLOs and
delivered presentations and make them available at no cost. The program assistant is a partially grant
funded position and will be eliminated when the grant term has expired. The funding shall consist of $13,276 for
salary plus $1,724 for fringe benefits. District
6 (AH)
2. Staff recommends
motion to ratify: the
Chair’s signature on the Champions for Healthy Kids Legacy Awards Grant
Memorandum with General Mills in an amount not to exceed $50,000 from the
period of July 1, 2012, through July 31, 2013. Summary: The
Cooperative Extension Service has submitted an electronic grant application to
General Mills entitled Champions for Healthy Kids Legacy Awards for the purpose
of improving nutrition and fitness of youth in Palmetto Elementary School which
is a Title I school. The emergency
signature process was used because there was not sufficient time to submit
through the regular Board of County Commissioners process. If the grant is received, it will provide for
one (1) program assistant position and supplies. Countywide (AH)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive
and file the Adult Drug Court Discretionary Grant Program FY 2011
Competitive Grant Award from the Department of Justice (DOJ) for $200,000 for
the period October 1, 2011, through September 30, 2013 to be used to facilitate
the development of a specialized drug treatment for prescription drugs;
B) authorize the County Administrator or his designee to
execute all related documents for Palm Beach County’s FY 2011 Adult Drug Court
Discretionary Grant Program, and all necessary forms and documents as required
by the U.S. Department of Justice, Bureau of Justice Assistance; and
C) approve
a Budget Amendment of $200,000 in the Justice Services Grant Fund to establish
funding for this grant project.
SUMMARY: Palm Beach County applied for a grant award of $200,000 from the
Department of Justice to facilitate the expansion and enhancement of Palm Beach
County’s Adult Drug Court. Using the
prescription drug epidemic and subsequent reaction by state and local law
enforcement, the existing Drug Court will use new therapies and enhanced
training to reduce the number of adult drug offenders in our county. The grant was released on April 26, 2011 and
the submission date was June 9, 2011. This application is now funded and
approved and begins on October 1, 2011. Over the past five (5) years, the rise
in prescription pill addiction has continued to climb. The grant calls for the
use of an evidence based design to address the expansion, enhancement of court
operations, and to enhance offender services. The grant requires a non-federal
in-kind match of 25% during the two (2) year project period. Specifically, the
in-kind match requirement for the project is $66,703. This match has been
identified through the Criminal Justice Commission and its partners in Drug
Court through current staff salaries. The delay in processing was caused in
part by the U.S. Justice Department approving parts of the grant and not the
complete document, then allowing Palm Beach County to modify the budget. This
budget modification further delayed the approval by the Department of Justice. Countywide
(GB)
2. Staff recommends
motion to approve: a
Grant Adjustment
Notice from the Florida Department of Law Enforcement to reinstate the
Weed & Seed Grant, which closed on March 31, 2011. It was brought to our attention that
outstanding invoices would leave two (2) trusted non-profits unpaid. FDLE has agreed to reinstate the grant and
extend the expiration until January 31, 2012 so that payment can be authorized.
This grant was with the City of West Palm Beach, Resolution (R2010-1303). SUMMARY:
The Interlocal agreement
for this award was the 5th Amendment which expired on March 31, 2011
(R2010-1203). The amount of the
original award was $98,900 (October 1, 2010, through March 31, 2011). The entire grant amount was not expended
allowing for the reinstatement. The Edward Byrne Memorial Justice Assistance
Grant (JAG) provides a continuation of “seeding” services to extend an existing
agreement with the City of West Palm Beach for Weed and Seed. The grant
application was executed by the Board of County Commissioners on August 18,
2009 as Resolution (R2009-1314). The Salvation Army and Gulfstream Goodwill
both provided authorized services as subcontractors during the contract period.
The amount for the services erroneously excluded is $4,802. Staff worked with
multiple agencies to ascertain the situation and devise a solution. The
approval to request a reinstatement and extend the expiration date from FDLE
occurred on December 14, 2011. District 7 (GB)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends motion to:
A) ratify the appointment of the Fire Rescue Administrator as an Authorized Official to enroll the County (Fire Rescue) in the Medicare program as an ambulance service provider, to make changes or updates to the County’s status in the Medicare program, and to commit the County to fully abide by the statutes, regulations, and program instructions of the Medicare program, including the authority to sign and submit any Medicare applications, contracts, certifications, attestations, and other related documents on the County’s behalf; and
B) authorize the reimbursement of the Medicare Enrollment Application Fee in the amount of five-hundred five dollars ($505) to ADPI/Intermedix.
SUMMARY: In accordance with recent federal law, Medicare providers are being required to complete a Medicare Enrollment Application to revalidate their enrollment information under new screening criteria. This allows the County to continue to submit fire rescue emergency transport claims directly to Medicare and binds the County to the Medicare program laws and regulations. The enrollment package requires the County to directly appoint an Authorized Official to enroll the County (Fire Rescue) in the Medicare program, to make changes or updates to the County’s status in the Medicare program, and to commit the County to fully abide by the statutes, regulations, and program instructions of the Medicare program. Due to a stringent deadline and late notice to the County, the Fire Rescue Administrator signed the necessary documentation, and the County’s third party billing agent, ADPI/Intermedix, processed submittal of the application and the required application fee on the County’s behalf. Countywide (SGB)
2. Staff recommends motion to receive and file: four (4) original standard agreements for the Fire Rescue Department:
A) Independent Contractor Agreement for Swimming Lessons with the Young Men’s Christian Association of the Palm Beaches, Inc.; and
B) Interlocal Agreement for Swimming Lessons with the City of Delray Beach; and
C) Interlocal Agreement for Swimming Lessons with the City of Boynton Beach; and
D) Interlocal Agreement for Swimming Lessons with the City of West Palm Beach.
SUMMARY: On September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing the County Administrator, or his designee (the Fire Rescue Administrator) to execute standard agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, four (4) standard County agreements that have been executed by the County Administrator, or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (PK)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Amendment No. 7 to the Technical Currency Program
(TCP) Agreement with SCT Government systems (SCT) (R2003-1017), now doing
business as ACS Government Systems, Inc. (ACS), to extend the software
maintenance coverage for all component modules of the ACS Banner Courts system
except the Jury Management Module, at an annual fee of $348,388 for the period
of October 1, 2011, through September 30, 2012.
ACS was purchased by the Xerox Corporation in 2010. SUMMARY: The TCP License Agreement was
initially entered into by Palm Beach County and SCT (now ACS) on September 29,
1998 (R-1998-1540 & 1541), for annual maintenance of the ACS Justice
Information System (JIS) which includes modules for Civil, Juvenile, Criminal,
and Traffic Courts, and Jury Management. The TCP Agreement provides for software
maintenance coverage and establishes the amount of the annual payments to
ACS. After the Clerk & Comptroller’s
new case management system is implemented, annual software maintenance
cost will decrease to $4,885 for the Jury Management module, the only ACS
software product which will remain in use by the Clerk & Comptroller. Jury Management software maintenance will be
extended under a separate contract amendment.
ACS Government Systems, Inc. is
based in Lexington, KY. Countywide
(PFK)
2. Staff recommends
motion to approve: a revised rate structure applicable to
network services provided by Palm Beach County to external organizations. SUMMARY:
Numerous local government, educational, and non-profit organizations
receive network services provided by the County through the Information Systems
Services (ISS) Department. ISS is
proposing a variable rate structure for network services provided to external
agencies, which will replace the existing, “point of contact” flat rate
structure for all future agreements. The
revised rate structure takes into account the bandwidth requirements of each
customer with rates established based on ranges of capacity usage. This standardized rate structure was
developed using an analysis of market pricing for similar services and will be
applicable to all future agreements for network service provided to external
organizations. This program supports the
concept of collaboration among public sector agencies and results in service
improvements for the connected agencies, and cost savings to the taxpayers as
well as numerous other intangible benefits.
Countywide (PFK)
3. Staff recommends
motion to receive and file: Exercise
of Renewal Option Form for Software License and Professional Services Agreement
(R2011-0547) with the Government of the United States Virgin Islands and Palm
Beach County for the one (1) year period October 1, 2011, to September 30,
2012, at an estimated revenue of $166,400. SUMMARY: Information Systems Services (ISS) developed
and currently hosts a Business License Web Application for the Government of
the U. S. Virgin Islands. ISS also hosts
30 email accounts used by employees of the U.S. Virgin Islands. For these services, the U.S. Virgin Islands
pays to the County a software lease fee of $1,650 per month, an application
hosting fee of $3,850 per month, and an email account hosting fee of $80 per
account per year. The Exercise of
Renewal Option Form provides for a one (1) year renewal period retroactive from
October 1, 2011, to September 30, 2012.
Authority was delegated to the ISS Director by the County Administrator
to approve and execute future Agreements and Change Orders up to maximum total
revenue of $200,000. Countywide
(PFK)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
4. Staff recommends
motion to approve: the First Amendment to the Agreement
(R2010-1931) with The Children’s Services Council of Palm Beach County
(CSCPBC), for additional Server Hosting Services for Production and Disaster
Recovery which will generate FY 2012 revenue to the County estimated at
$33,401. SUMMARY: The CSCPBC is a special taxing district for the State of Florida which
has an existing agreement with Palm Beach County for County-provided server
hosting services for their production and disaster recovery environments. The CSCPBC wishes to amend this agreement to
include an additional server and data storage to their current production
environment hosted by Palm Beach County and implement a disaster recovery
environment at the Northwest Regional Data Center as noted in this Amendment. The FY 2012 revenue of $33,401 includes $1,200
in pass-through costs as well as a one-time $1,250 fee for set up. District
3 (PFK)
X. PUBLIC SAFETY
1. DELETED
2. Staff recommends
motion to approve: a Contract with Byron V. Reid, D.V.M.
for on-call veterinary services for large animals in an amount not to exceed
$10,000 for the period January 24, 2012, through January 23, 2013. This contract may be renewed by written
mutual agreement of the parties for up to four (4) additional years for the
same terms and conditions. SUMMARY: The Animal Care and Control Division
is required to provide appropriate and necessary veterinary services for
sheltered animals. This contract will
provide part-time, relief and emergency “on-call” professional medical services
for sheltered animals on an as needed basis.
Countywide (SF)
3. Staff recommends
motion to receive and file: the following executed amendments to the
Memorandums of Agreements (MOA) with the City of Miramar, a municipal
corporation of the State of Florida, as a fiscal agent for the Fort Lauderdale
Urban Area Security Initiative (UASI) to extend the following agreements from
August 31, 2011, to December 30, 2011:
A) UASI 2008
Jurisdictional Agreement; and
B) UASI 2008 Citizen
Corp Agreement.
SUMMARY: The County
was awarded $556,337 from the US Department of Homeland Security Urban Area
Security Initiative (UASI) Grant through the City of Miramar. These funds will be used to address planning,
equipment, training, and exercise needs of the County to prevent, protect
against, respond to, and recover from acts of terrorism. The funds will also be used to enhance the
Citizen Corps program which is a strategy to bring together government and
community leaders to involve citizens in all-hazards emergency preparedness/resilience. Requests to extend the grants from August 31,
2011, to December 30, 2011 have been approved. Resolution R2006-2669
authorizes the County Administrator or his designee to execute standard UASI
agreements with various governmental and private agencies on behalf of the
Board of County Commissioners. No
County matching funds are required. Countywide (GB)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A) receive and file the executed Hazardous Materials
Contingency Planning and Grant Agreement with the State of Florida, Division of
Emergency Management, in the amount of $26,423 for the period of October 21,
2011, through June 30, 2012; and
B) approve
a Budget
Amendment of $2,747 in the Emergency Management Grant Fund to reflect the actual
grant award.
SUMMARY: This is an annual grant from the State of
Florida Division of Emergency Management to conduct on-site visits and
hazardous materials analyses at facilities within Palm Beach County known to
have extremely hazardous substances designated by the U.S. Environmental
Protection Agency. These assessments are
required for compliance with the Emergency Planning and Community Right-To-Know
Act (EPCRA), also known as the Superfund Amendments and Reauthorization Act
(SARA). Resolution R2006-0401 gave authority to the
County Administrator, or his designee, to execute this agreement on behalf of
the Board of County Commissioners. No County matching funds are required. Countywide
(GB)
5. Staff recommends
motion to:
A) approve acceptance of the Department of Justice,
Office on Violence Against Women (OVW), Fiscal Year 2011 Grants to Encourage
Arrest Policies and Enforcement of Protection Orders Program (No. 2011-WE-AX-0027)
in the amount of $906,949 for the period of October 1, 2011, through September
30, 2013;
B) authorize the County Administrator or his designee to execute
contracts and amendments utilizing funding from the Department of Justice,
Office on Violence Against Women on behalf of the Board of County
Commissioners;
C) approve a Budget Amendment of $906,949 in the OVW FY 2011
Grants to Encourage Arrest Policies and Enforcement of Protection Orders
Program Fund to recognize funding from the Department of Justice, Office on
Violence Against Women;
D) approve a Budget Transfer of $103,706 in the General Fund to
adjust for the OVW Grant’s indirect costs and increase reserves-balances
forward; and
E) approve the addition of two (2) Victim Advocate positions (Pay Grade 25), one
(1) Therapist position (Pay Grade 32), one (1) Secretary position (Pay Grade
16), and one (1) Grant Coordinator position (Pay Grade 30) to the Victim
Services Division complement which are 100% grant funded.
SUMMARY: Palm Beach
County Victim Services and Rape Crisis Center, in conjunction with the Office
of the State Attorney, Aid to Victims of Domestic Abuse (AVDA) and Palm Beach
County Sheriff’s Office, received this grant award to assist in holding
offenders accountable for their criminal behavior by centralizing and
coordinating dedicated teams comprised of law enforcement, prosecutors,
advocates and medical providers to respond to crimes of sexual assault,
domestic violence, dating violence and stalking. Additionally, these
partner agencies, will lead the community in developing and implementing
policies and training for police, prosecutors, advocates and medical providers.
A centralized and collaborative process, with teams of dedicated staff will
improve crisis responses, investigations, evidence collection, and medical care
for victims and ultimately, lead to more arrests and enhanced prosecutions.
The grant funded positions will be approved for the length of the grant and
will be eliminated when the funding is discontinued. No County
matching funds are required for this grant. Countywide (GB)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
6. Staff recommends
motion to:
A) receive and file the executed Grant Agreement
with the City of Miramar, a municipal corporation of the State of Florida, as a
fiscal agent for the Ft. Lauderdale Urban Area Security Initiative (UASI) to
receive 2010 UASI grant funding in the amount of $433,038 to fund fire, health, emergency management
and other approved anti-terrorism activities for the period of October 31, 2011, through
April 30, 2013; and
B) approve
a Budget
Amendment of $433,038 in the Urban Areas Security Initiative Grant Fund to
recognize the grant award.
SUMMARY: This agreement provides a means of funding
various domestic security activities within the County using federal Urban Area
Security Initiatives (UASI) funds through the City of Miramar as the Fort
Lauderdale UASI’s fiscal agent. The UASI
awarded $433,038 to the County, which will be used to fund fire, health,
emergency management and other approved anti-terrorism activities. The Sheriff’s Office received an equivalent
amount of $433,038 to fund direct law enforcement activities. The total awarded to Palm Beach County by the
UASI ($866,076) represents 14.7% of the Fort Lauderdale UASI grant of
$5,885,153. Future funding will be based
on a competitive need process. Resolution 2006-2669 authorizes the County
Administrator or his designee to execute UASI grant agreements and
sub-agreements on behalf of the board. No County matching funds are required. Countywide
(GB)
7. Staff recommends
motion to receive and file: the following executed agreements pertaining
to the use of the Geographic-based Notification System, “Dialogic” for a period
of three years which commence on December 22, 2011 and are automatically
renewed for increments of three (3) year terms thereafter:
A) Town of
Gulfstream in the amount of $1,500;
B) Town of Hypoluxo in the amount of $1,500;
C) Town of South Palm Beach in the amount of
$1,500;
D) City of
Atlantis in the amount of $1,500; and
E) Town of
Lake Clarke Shores in the amount of $3,000
SUMMARY: The
agreements provide access to the County’s Geographic-based and/or NXT,
roster-based Alert and Notification System (Dialogic System). The County’s
Dialogic System has been in place for over eight years and allows Palm Beach
County agencies, municipalities, State and County Departments to access the dialogic
system to make approximately 2,000,000 calls. It has been used for Amber
Alerts, hurricane evacuations, boil water notices, etc. On
August 16, 2005, the Board of County Commissioners (BCC) authorized the County
Administrator or his designee to sign Dialogic agreements on behalf of the
BCC. Countywide (GB)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
8. Staff recommends
motion to:
A) approve an Agreement with Palm Beach State College
in an amount not to exceed $2,250 per class for the period of January 24, 2012,
through September 30, 2012 to provide Community Emergency Response Team (CERT)
training for residents requesting CERT training through the Department of
Public Safety Division of Emergency Management; and
B) authorize the County Administrator
or his designee to execute any future contracts with the Palm Beach State
College to provide CERT training on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney's Office,
and within budgeted allocations.
SUMMARY: Palm Beach County Department of Public
Safety, Division of Emergency Management provides CERT training to residents of
Palm Beach County. This program educates residents about disaster preparedness
for types of hazards that may impact our county. Using the training learned in the classroom
and during exercises, CERT members can assist others in their neighborhood or
workplace following an event. Funding
for this agreement will be provided by the State of Florida, Division of
Emergency Management grants. Countywide (GB)
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt
a Resolution authorizing the conveyance of three (3) Arboc Mobility
20-Passenger Low Floor Cut Away buses to Hernando County, Florida; and
B) approve
Agreement regarding the conveyance of three (3) Arboc Mobility 20-Passenger Low
Floor Cut Away buses to Hernando County, Florida.
SummarY: Palm Tran needs to dispose of three (3) Arboc Mobility 20-Passenger Low
Floor Cut Away buses. These buses have not reached their useful life, and in
accordance with the Federal Transit Administration (FTA) guidelines, may be
conveyed to another FTA grant recipient.
Hernando County has approached Palm Tran and expressed their desire to
acquire these buses. Hernando County has
affirmed that it is an entity qualified and eligible to receive a conveyance of
personal property from Palm Beach County in accordance with the requirements of
Section 125.38, F.S., and that it desires to use the buses for the public or
community interest and welfare. These buses were purchased using 100% Federal funds
earmarked to the City of Boynton Beach, and Palm Beach County purchased the
buses on behalf of the City of Boynton Beach. The City of Boynton Beach has
notified Palm Tran of the discontinuation of their service and these buses are
no longer needed by the City. Countywide (DR)
JANUARY 24, 2012
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 FY ‘11 State Homeland Security Grant in the amount of
$271,441, for the period of October 1, 2011, through April 30, 2014; and
B) approve a Budget Amendment
of $271,441 in the Sheriff’s Grant Fund.
SUMMARY: On November 21,
2011, the Palm Beach County Sheriff’s Office received an award from the State of Florida, Division of Emergency Management.
These funds and related equipment will be used for direct Homeland Security
Initiatives. There is no match associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (GB)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Florida Division
of Emergency Management, FY 2011 Homeland Security Grant Program award, for
Operation Stonegarden FY11, in the amount of $50,000 for the period of October
1, 2011, through April 30, 2014; and
B) approve
a Budget Amendment of $50,000 in the Sheriff’s Grants Fund.
SUMMARY: On November 17,
2011, the Palm Beach County Sheriff’s Office (PBSO) received a FY 2011 Homeland
Security Grant Program award for Operation Stonegarden FY11. Funds provided will be used to enhance the United States Border Patrol’s
(U.S.B.P.) mission to secure the Nation’s coastline through an all-threats
layered integrated approach in collaboration with local and state law
enforcement agencies, and Border Patrol. Specifically, grant funds
will pay for overtime to reinforce our presence within local communities along
the coast; and intercepting those who have illegally crossed our borders
through highway interdiction and crime suppression operations. 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:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program FY 2011 Grant in the amount of $444,644; and
B) approve a Budget
Amendment of $444,644 in the Sheriff’s Grants Fund.
SUMMARY: The Bureau of Justice Assistance has made
funds available to be used for correctional purposes. These funds will be used
according to the Department of Justice Reauthorization Act of 2005. There is no
match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (DW)
JANUARY 24, 2012
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
(Cont’d)
4. Staff recommends
motion to approve: a Budget Transfer of $49,307 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 $1,862,607.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,813,300. The year-to-date
transfer for all donations after approval of this item is $749,328. 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 |
|
Achievement Centers for
Children and Families |
10,000 |
|
Caribbean American for
Community Involvement in Florida, Inc. |
4,307 |
|
Mental Health Association
of Palm Beach County, Inc. |
25,000 |
|
Sweets Foundation |
10,000 |
|
|
|
|
Total Amount of Donations |
$49,307 |
CC. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends motion to approve: Modification Number Four to the Subgrant Agreement between the Division of Emergency Management (DEM) and Palm Beach County (County) to reinstate the Subgrant Agreement and modify the expiration date of the Subgrant Agreement to April 4, 2012. SUMMARY: The Subgrant Agreement for the design of canal improvements to the Lake Worth Drainage District L-2 Canal between Wabasso Drive and Osceola Drive in Westgate expired on October 4, 2011. Modification Number Four will reinstate the Subgrant Agreement as though it had never expired and extend the expiration date to provide sufficient time for the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) to complete the permitting and public notices for the canal improvements. District 2 (MRE)
* * * * * * * * * * * *
JANUARY 24, 2012
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners
(Board) of Palm Beach County, Florida, amending Palm Beach County Code Chapter
26, Article II Division 1, known as the
Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance (Ordinance
2008-063); amending Section 26-23, improvements; amending Section 26-24, special
assessments; amending Section 26-29, percentage of costs, further procedures;
amending Section 26-30.3, public hearing; amending Section 26-30.10, payments;
amending Section 26-30.15, savings clause; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the code of laws and ordinances;
providing for captions; providing for effective date. SUMMARY: The
proposed Ordinance will amend Chapter 26, Article II, Division 1, known as the
MSTU Ordinance 2008-063 to allow for assessments and collections at a
percentage rate less than 100% when directed by the Board of County
Commissioners, but the rate can be no less than 50%. There remain a few MSTU
projects that were petitioned at the previous 50% rate that cannot be approved
at a rate less than 100% without this amendment. The proposed Ordinance also
amends the section on street lighting improvements regarding costs being
capable of being calculated for special assessment purposes and amends the timeframe
between bid opening and public hearing to be as soon as practicable. Countywide
(MRE)
B. Staff recommends
motion to:
1) adopt a Resolution confirming the
special assessment of $87.82 per foot for 1st Street, 2nd
Street, 3rd Street, Sunbeam Avenue and Wallis Road Paving and
Drainage (Project), Project No. 2005135;
2) approve a Contract with Intercounty Engineering, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $690,074 for the Project; and
3) approve a Budget Transfer in the amount of $740,695 in the Municipal Services Taxing Unit Improvement Fund from Reserves to the Project.
SUMMARY: Adoption of this Resolution will allow Palm
Beach County to assess 50% of the Project costs to the property owners at
$87.82 per abutting foot for the Project.
When this Project originated and again re-petitioned, the petitions
indicated 50% participation by the residents.
Assessments will be payable in 10 equal annual installments. Approval of the construction contract will
authorize the Contractor to construct the Project, for a total of approximately
4810 lineal feet (0.91 miles), on 1st Street, 2nd Street,
3rd Street and Sunbeam Avenue between Southern Boulevard (SR-80) and
Wallis Road, and Wallis Road from the existing pavement east of Jog Road, east
to 1st Street. This work will
include new pavement, driveway reconstruction, and a storm water management
system. The Contractor is a Broward
County business. The Small Business
Enterprise (SBE) goal for the Project is 15%. The SBE participation committed
for the Project by the Contractor is 15% overall. District 6 (MRE)
JANUARY
24, 2012
4. PUBLIC
HEARINGS – 9:30 A.M. CONTINUED
(Continued
from October 18, 2011 and December 20, 2011)
C. Staff recommends
motion to:
1) approve an assessment of 50% of total project costs
for the Michlar Drive, Tamis Trail and 105th Avenue South Paving &
Drainage (Project), Project No. 2002136;
2) adopt a Resolution confirming the special
assessment of $19,662.55 per lot for the Project;
3) 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
4) approve a Budget Transfer of $526,120 in the
Municipal Services Taxing Unit (MSTU) Improvement Fund from Reserves to Michlar
Drive, Tamis Trail and 105th Avenue South.
SUMMARY:
The recently approved MSTU
Ordinance allows the Board of County Commissioners to approve an assessment of
50%. When this Project originated and again re-petitioned, the petitions
indicated 50% participation by the residents. The assessment is $19,662.55 per
lot for the Project and is payable in 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)
D. Staff recommends
motion to:
1) approve the filing of the FY 2011 Section 5307
Federal Transit Administration (FTA) Grant Application FL-90-X760 for capital
funds allocated to Palm Beach County in the amount of $14,516,104; and
2) approve the FTA Master Agreement FTA MA(18) dated October 1, 2011; and
3) authorize the Palm Tran Director or
Assistant Director through the County Administrator to execute, on behalf of
the Board, and to transmit electronically the Board’s approval of the Master
Agreement and the 5307 grant award; and
4) approve an upward Budget Amendment
of $907,137 in the Palm Tran Grants Fund to reconcile the FY 2012 budget to the
actual grant award, pending actual grant award.
Summary: FTA
distributes Section 5307 funds to provide public transportation capital,
operating assistance, and for public transportation-related planning. The grant will fund capital items necessary
for the continued operations of the Palm Tran system: 1) replace buses that have reached their
useful life, 2) install permanent oil filters in all buses, 3) tire lease, 4) shop
equipment, 5) MIS equipment, 6) security projects, 7) Regional Fare Card
Interoperability Project - Phase I, 8) replace support vehicles that have
reached their useful life, 9) miscellaneous
support equipment, 10) maintenance projects at main
administrative/maintenance buildings, 11)
Lease for CONNECTION facilities, 12) preventive maintenance, 13) ADA paratransit
service, 14) employee education and training,
15) third party contracts – AVL Wireless, and 16) transit enhancements. The
grant requires a 20% local match. Palm Tran has received approval from the
Florida Department of Transportation (FDOT) for the use of toll revenue credits
as the required local 20% match; therefore, the projects budget lists the
capital projects at 100% cost for the federal share, no County funds are
required. Countywide (DR)
* * * * * * * * * * * *
JANUARY 24, 2012
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution supporting the current structure
and adequate funding of the water management districts and opposing the
centralization of regional/local water resources control through any statewide
authority. SUMMARY: At the
December 2011 meeting of the County Coalition for Responsible Management of
Lake Okeechobee, St. Lucie and Caloosahatchee Estuaries, and Lake Worth Lagoon
(County Coalition), a resolution was passed to support the structure and
adequate funding of the Water Management Districts. That resolution also
opposed centralization of regional/local water resources by executive or
legislative branches of government or by a statewide board or authority. The above
Resolution adopts the positions taken by the County Coalition. Countywide
(MJ)
2. Staff recommends
motion to receive and file:
A) a Ground Lease
Agreement between Palm Beach County and The Scripps Research Institute for 70
acres; and
B) a Memorandum of Lease.
Summary: On May
2, 2006, the Board of County Commissioners (BCC) approved the Grant Agreement
with The Scripps Research Institute which included the Ground Lease Agreement
as an Exhibit. On February 28, 2006, the BCC approved an Agreement (R2006-0423)
for the Donation and Purchase and Sale with The Lester Family Investments,
L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger, and the
David Minkin Florida Realty Trust for 70 acres of property on the Briger site
in Palm Beach Gardens. The Grant Agreement requires the County to obtain
development entitlements, environmental permits, and water/sewer capacity
reservations for the 70 acres to facilitate the construction of an additional
1.6 million square feet of bioscience or related use. The County fulfilled
these contractual obligations as of June 29, 2011. Accordingly, Scripps has
executed both the Lease Agreement and the Memorandum of Lease. Under the Lease,
Scripps is solely responsible for and shall perform any and all improvements,
repairs, alterations or other work necessary to render the 70 acres suitable
for Scripps intended use. Upon expiration of the Term (February 6, 2021), provided
Scripps is not in default of the Lease or the Grant Agreement, the County will
be obligated to convey the property to Scripps for $1. Countywide (HF)
3. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, requesting support for continued local control of regional
workforce boards in the State of Florida; withdrawal of proposals that directly
contradict local authority specifically provided for by the Federal Workforce Investment
Act and reduce local control; support of alternative legislation for increased
regional workforce board transparency and accountability, and transmittal of
the document to various state elected officials, administrators, associations
and regional workforce boards. SUMMARY: On July 10, 2007, the Board of County
Commissioners (BCC) approved an Interlocal Agreement (R2007-1220) creating the
Palm Beach County Workforce Development Consortium. Under the Interlocal
Agreement, Workforce Alliance, Inc. (Alliance) acts as the fiscal agent, grant
recipient, and administrative entity for funding sources that support workforce
development activities for Region 21, Palm Beach County. The Interlocal Agreement empowers the BCC to
appoint 17 (85%) of the private sector members to the Alliance Board of
Directors. A perceived lack of oversight of Workforce Consortiums by local
elected officials across the State has prompted the Legislature to propose the
Workforce Board Accountability Act (HB 7023).
It is the opinion of the Florida League of Cities and County Staff that
many of the provisions contained in the Act would significantly affect the
operation, responsibilities, and local control of Alliance. Countywide (TKF)
JANUARY 24, 2012
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
4. Staff recommends
motion to adopt: a Resolution by the Board of County Commissioners
of Palm Beach County, Florida, conceptually approving a $75,000 Job Growth
Incentive (JGI) Grant with Digital Risk, LLC as a portion of the local match
for a State Qualified Target Industry (QTI) Grant with a High Impact Sector
Bonus, and providing for an effective date. SUMMARY: Digital Risk, LLC
is a business and financial services firm specializing in providing mortgage
underwriting services to mortgage originators, lenders, insurers, conduits,
investors and servicers. The company has approximately 1,000 employees in other
areas of Florida. In addition, the company has offices in New York, Texas and
Colorado, and is considering leasing 25,000 sq. ft. of space in Boca
Raton. The company will create 150 jobs by December 31, 2014, with an
average annual salary of $48,048, excluding benefits. The company has
secured a total of $750,000 from the State of Florida which requires a $150,000
local match. Of this amount, the City of Boca Raton will provide $75,000
and the County will provide a total of $75,000 over four (4) years. The Regional
Economic Model results estimate that Digital Risk, LLC will have a $130 Million
economic impact over a five (5) year period, generating $6.7 Million in state
and local taxes. Digital Risk, LLC is considering Boca Raton, along with
Atlanta, Georgia; Los Angeles, California; and, Phoenix, Arizona. As this
approval is conceptual, formal Grant Agreements will be brought before the
Board of County Commissioners (BCC) when Digital Risk, LLC has finalized their
plans. The BCC directed staff to bring qualified companies to the BCC for
consideration. Funding will come from General Fund Contingency
Reserves. District 4 (DW)
JANUARY 24, 2012
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to:
A) approve the seven (7) negotiated Glades Utility Authority
(GUA) absorption conditions as agreed to by Palm Beach County Staff, the City
of Belle Glade, and the City of Pahokee; and
B) establish a deadline of February 15, 2012, for the City of
South Bay to pass a Resolution agreeing to all seven (7) negotiated absorption
conditions with no additional requirements; should the City of South Bay fail
to pass the Resolution by the established date, direct Staff to have no further
negotiations with the Tri Cities (Belle Glade, Pahokee, and South Bay)
concerning absorption and to bring options to protect the County’s interests
with respect to the GUA to the Board of County Commissioners (BCC) at the March
20, 2012 meeting.
Summary: On October 4, 2011,
the BCC directed Staff to initiate negotiations with representatives of each of
the Tri Cities regarding a plan for the County’s Water Utilities Department
(WUD) to absorb the GUA. Good faith
negotiation meetings held on October 28, 2011 and November 16, 2011, resulted
in an additional $8.7 Million impact to WUD over the first five (5) years of
operation above the County’s original offer. A decrease of $23 Million in WUD’s
unrestricted cash balance is projected to occur should the BCC agree to absorb
the GUA under these conditions.
County Staff had previously recommended that, prior to
loaning the GUA $2 Million from General Fund Reserves, each of the Tri Cities
pass a Resolution prior to December 31, 2011, agreeing to the absorption
conditions. To memorialize the negotiations, the Cities of Belle Glade and
Pahokee each passed a Resolution agreeing to the following seven (7) negotiated
absorption conditions:
1) Maintain the GUA
service rates constant until such time as the GUA service area rates meet
prevailing County rates plus 7%;
2) Maintain Host Fees
(Utility Transfer Fees) at 7%;
3) Eliminated
Reconnect Fees on a one (1) to one (1) basis;
4) Reduce Readiness
to Serve (RTS) Charge for GUA service area customers to equal that of the
County’s RTS;
5) County will make
capital contributions of $25 Million over the first five (5) years in the
amount of $5 Million per year;
6) County will bill
and collect municipal fees on behalf of the Tri Cities; and
7) County will provide
an opportunity for the residents of each City to make payments in person for 40
hours a week per City.
The City of South Bay did not pass a Resolution by December
31, 2011, agreeing to these conditions. Alternatively, on December 6, 2011,
they passed a Resolution, which expressed support of future local control of
water and sewer operations; and supported a GUA negotiated dissolution, which
grants South Bay the ability to have local control. South Bay has also requested that the County
consider a five (5) year Bulk Agreement. County Staff is firmly opposed to
these requests.
On September 15, 2009, the BCC approved a Resolution (R2009-1559)
providing a covenant to budget and appropriate an amount of not-to-exceed $10
Million for debt service, operations, and maintenance obligations of the GUA.
This back up pledge was a requirement of Wachovia Bank in order for the GUA to
secure a loan for start-up funding. Stipulations of the loan documents require
full repayment of the principal balance plus penalties upon dissolution of the
GUA. To date, the GUA has not adopted a surcharge to
address revenue shortfalls and therefore does not have a FY 2011-2012
budget. The GUA remains in a perilous
fiscal condition. District 6 (MJ)
JANUARY 24, 2012
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
6. Staff recommends
motion to approve: a
First Amendment to Legal Services Authorization 2011-0353-C (First Amendment)
with Sundstrom, Friedman & Fumero for services related to the Glades
Utility Authority (GUA) increasing the not to exceed amount from $50,000 to
$100,000. SUMMARY: On March 15, 2011, the Palm Beach County Board
of County Commissioners (BCC) approved an Agreement with Rose, Sundstrom &
Bentley, LLP (now known as Sundstrom, Friedman & Fumero, LLP) for legal
services related to complex utility projects agreements (R2011-0353). Pursuant to the Agreement, services were to
be assigned pursuant to task specific Legal Services Authorizations. Legal Services Authorization 2011-0353-C was
issued for services related to the financial crisis currently being experienced
by the GUA. Pursuant to BCC direction,
County staff has undertaken good-faith negotiations with representatives of the
Cities of Belle Glade, Pahokee, and South Bay related to the County’s Water
Utilities Department (WUD) absorption of the GUA. However, at this time, it is not clear
whether South Bay will agree to terms required by the County for the absorption
to occur, and the County may therefore need to plan for an alternative
resolution. The First Amendment modifies
the Scope of Work of Legal Services Authorization 2011-0353-C to provide advice
and counsel as to possible alternative resolutions to absorption of GUA into
WUD and protection of the County’s interest in those alternatives. The First
Amendment also increases the not-to-exceed amount from $50,000 to $100,000. District
6 (MJ)
(CLOSED SESSION)
7. Executive Session scheduled for 1:30 p.m. in McEaddy Conference Room to
discuss negotiations with the Amalgamated Transit Union.
JANUARY 24, 2012
5. REGULAR
AGENDA
B. COMMUNITY
SERVICES
1. Staff recommends motion to approve:
A) Service Agreement with American Eldercare, Inc., for the Division of Senior
Services (DOSS), to provide community-based assistance as a service provider
effective February 1, 2012;
B) a
Budget Amendment of $79,360 in the DOSS Administration Fund to establish the
budget for the remaining year; 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. clients.
DOSS will offer Adult Day Care and Congregate Meals to American
Eldercare, Inc. clients 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. The Agreement shall
continue in effect unless terminated by either party with at least 60 days
notice. DOSS will create two (2) FTE Senior Service Aide positions, Pay Grade
12, to ensure adequate program staffing. (DOSS) Countywide (TKF)
C. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a request from the Boynton Beach CRA to amend
the grant conditions (specifically Declaration of Restrictive Covenants) to
allow demolition of a building within the Boynton Beach Marina allowing for the
redevelopment of the overall property in accordance with the CRA’s Master Plan.
SUMMARY:
In 2006, the County provided the CRA $2M (R2006-1919) in grant
funding under the $50M Waterfront Preservation and Access Bond to assist in the
CRA’s acquisition of the Boynton Beach Marina. A Declaration of Restrictive
Covenants was recorded to; 1) restrict the use to public marina purposes, 2)
require that at least eight (8) boat slips remain available for
Charter/Commercial operations, and 3) require that an existing two story
building used for Marina office, restrooms, dive shop and classroom be used for
public Marina purposes. The Declaration further restricts any construction,
renovation or alteration which would materially alter the Marina and/or
otherwise impair, restrict or eliminate existing Marina uses. A key objective
in the CRA’s master plan is to provide ADA accessible bathrooms in a location
accessible to the overall Marina. To that end, the City analyzed options for
renovating the existing two story building.
The analysis concluded that due to the building’s age, condition and
non-compliance with current codes, that it would be more cost effective to
construct a new building than to renovate the existing building. The CRA proposes to demolish the existing
building and construct a new building in a new location as depicted on their
master plan. The new building is proposed to include public bathrooms and a
Marina office, but will not include space for a dive shop operation. This will displace an existing Marina
use/tenant. The City will present an overview
of their master plan for the Marina and support their plan to demolish the
existing building and displace the existing dive shop operation. The actions
proposed by the CRA require Board approval pursuant to the Declaration. (PREM) District
4 (HJF)
JANUARY 24, 2012
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
TIME CERTAIN 10:15 A.M.
2. Staff recommends
motion to deny: a
request to immediately exercise the renewal option on a SubLease with Huttig
Building Products (R2009-1211) for warehouse space utilized by the Supervisor
of Elections (SOE) for support operations and election day vote
tabulation. SUMMARY: On July 21, 2009,
the Board entered into a SubLease with Huttig for approximately 76,000 sf of
warehouse space for the SOE for a term of five years with a renewal option
ending June 21, 2016. At the same time,
the Board entered into a Consent to SubLease with RREEF America REIT II Corp
(RREEF or Landlord R2009-1212). The
Broker for the transaction was Robert Goldstein, President Hospitality
Consultants Realty Services (HCRS) and the broker fees are owed by Huttig,
pursuant to an agreement to which the County is not a party. For the last several months, HCRS has been
requesting that the County exercise the renewal option so that HCRS can be paid
its brokerage fee. In addition, HCRS believes that by exercising its renewal
option early, there will be financial benefits to the County, that exercising
will relieve the County from liability, and better protect the SOE from the
potential interruption in the use of the space in the event of Huttig’s
bankruptcy. It is Staff’s position that there are no benefits to the County in
exercising the option early, and exercising early potentially limits the
County’s flexibility and negotiating position with the Landlord in the future.
It is the County Attorney’s Office opinion that County’s interest in the
property and its ability to continue in possession under the same terms is
protected in the event of Huttig’s bankruptcy and the date which the renewal
option is exercised does not alter that protection. Further, it is Staff’s
position that immediately exercising the option only serves to benefit Mr.
Goldstein by: 1) expediting the payment of the brokerage fee and/or 2) moving
his brokerage fee to a more secure position in the event of Huttig’s
bankruptcy. While HCRS did good work in brokering the SubLease and it is
unfortunate that the brokerage fee is tied to exercise of the option, Staff
cannot consider the benefits to HCRS in determining when Staff recommends that
the County exercise the renewal option. This item was placed on the Board’s
agenda as result of a request received from Susan Bucher, Supervisor of
Elections, dated December 15, 2011. (PREM) Countywide (HJF)
3. Staff
requests Board direction: on the conclusion of contract negotiations
for the sale and development of the Wedge Property located within the Transit
Oriented Development District in downtown West Palm Beach. SUMMARY: On December 6,
2011, Staff advised the Board that it had proceeded as far as it could with the
negotiations and required direction. The Board requested that the item be
rescheduled for January 24 so that: a) information presented by interested
property owners could be reviewed and considered; and b) the Board could have
additional time to review the outstanding issues. Since that time, Transit
Village (TV) has modified its position on a couple of issues based on comments
made by the Board; the comments of interested property owners have been
considered; and traffic analyses and extensive discussions between traffic
engineers representing the County, TV and the interested property owners have
taken place. The issues which now remain are broad, big-picture concepts which
speak directly to the Board’s intent when issuing the RFP: a) timing of the
project, b) financial assurances, and c) management of traffic impacts. Because
the ultimate direction on one or all of these issues impacts almost every term
of the contract either directly or indirectly, these are not issues that can be
further independently tweaked. The Board is at a point where it must either
determine if it wants to conclude the negotiations by: a) providing direction
on the three (3) unresolved issues allowing the contract to be re-drafted, the
Property Review Committee (PRC) review process to commence and an appraisal
ordered, or b) terminating the RFP process. (FDO) Countywide (HJF)
JANUARY 24, 2012
5. REGULAR
AGENDA
D. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to:
A) adopt Resolution of the Board of County Commissioners (BCC) of Palm
Beach County, Florida, granting a County tax exemption for a total of one (1)
historic property located
within the City of Delray Beach; and
B) approve a restrictive covenant for the historic property, requiring the
qualifying improvements be maintained during the period that the tax exemption
is granted.
SUMMARY: The Resolution will authorize a County tax exemption for the
following historic property located within the City of Delray Beach:
Address: 138 Northeast
1st Avenue Delray Beach/property type (residential)
If granted,
the tax exemption will take effect January 1, 2011, and remain in effect
for ten (10) years, or until December 31, 2020.
The exemption will apply to 100 percent of the assessed value of all
improvements to each historic property, which resulted from restoration,
renovation, or rehabilitation of the property. Based on the 2012 Countywide Millage Rate, it is
estimated that approximately $1,302.54 tax dollars
will be exempted annually for the property.
Accompanying each resolution is a restrictive covenant, which requires
the qualifying improvements be maintained during the period that each tax
exemption is granted. District 7 (RB)
JANUARY 24, 2012
5. REGULAR
AGENDA
E. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to:
A) approve
First Mortgage Modification Policies to establish guidelines under which the
terms of first mortgage loans made to homeowners under housing programs
administered by the Department of Housing and Community Development (HCD) may
be modified by means of Mortgage Modification Agreements; and
B) adopt
a Resolution authorizing the County Administrator, or his designee, to execute
Mortgage Modification Agreements with homeowners who have granted Palm Beach
County first mortgages in exchange for the receipt of assistance under housing
programs administered by the Department of Housing and Community Development
provided that the terms of such Mortgage Modification Agreements comply with
the First Mortgage Modification Policies, as attached hereto, and as may be
amended from time to time by the Board of County Commissioners, and provided
that such Mortgage Modification Agreements have been deemed legally sufficient
by the County Attorney’s Office.
Summary: These First Mortgage Modification
Policies (Policies) will allow County
financed homeowners whose ability to service their first mortgage debt has been
involuntarily reduced, to modify
the terms of their County held first mortgages in order to maintain the
affordability of their homes and to continue their homeownership tenure. HCD administers various housing
programs under which homeowners receive financial assistance in exchange for
which they grant the County repayable first mortgages as security for such
funding. These Programs include, but are
not limited to, the Universal Housing Trust Program (UHT), the Neighborhood
Stabilization Programs 1, 2, and 3 (NSP1, NSP2, and NSP3), the State Housing
Initiatives Partnership Program (SHIP) and the HOME Investment Partnership
Program (HOME). Homeowners who become adversely affected by circumstances
beyond their control and who as a
consequence are not fully able to service their debt to the County, may apply
to the County for relief as provided under these Policies. In order to provide relief to homeowners who
qualify under these Policies, a Mortgage Modification Agreement must be
executed that will result in extending the loan amortization period, adding
delinquent mortgage payments to the backend of the loan, suspending or
temporarily reducing mortgage payments for a pre-specified period, transferring
a portion of the mortgage balance to an existing forgivable County financed
second mortgage, or any combination of these measures. These Policies will
require homeowners to pay a non-refundable $750 fee to recover the County’s
administrative costs associated with mortgage modifications. No
additional local funds are required to implement the proposed policies.
(MHA) Countywide (TKF)
JANUARY 24, 2012
5. REGULAR
AGENDA
E. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: Amendment No. 002 to the Residential
Rehabilitation Program (RRP) Policies to raise the funding limit for current
and future projects from $35,000 to $45,000 per project. Summary: Policies approved on November 6, 2007, for
the RRP presently have a funding limit of $35,000 per project. This funding amount has proven to be
insufficient on those occasions when walls are opened during the course of the
rehabilitation project and substantial electrical, plumbing, and structural
problems are uncovered. While the need
for raising the funding limit is needed countywide, there has been increased
numbers of rehabilitation projects undertaken on homes located in the
Glades. Many of the homes in the Glades
are older frame structures built on pilings.
Change orders to fund unforeseen increased costs of rehabilitation
construction due to termite damage and inferior construction methods are also
causing project costs to exceed the present RRP funding limit of $35,000.
Currently, there are five (5) rehabilitation projects under construction
requiring change orders that will result in exceeding the $35,000 funding
limit. In lieu of making five (5) waiver
requests, HCD is requesting that the funding limit be raised to $45,000 for
current and future projects. These are Federal Community Development Block
Grant funds which require no local match. (CREIS) Countywide (TKF)
3. Staff recommends
motion to approve: $2,000,000 in additional Neighborhood Stabilization
Program 2 (NSP2) funding to Neighborhood Renaissance, Inc. for the acquisition
and rehabilitation of foreclosed homes. Summary: On
April 5, 2011, the Board of County Commissioners approved $9,500,000 in NSP2
funding for Neighborhood Renaissance, Inc. (NR), pursuant to which the County
entered into an Agreement with NR on May 5, 2011 (R2011-1029), to acquire and
rehabilitate at least 50 foreclosed single-family housing units for affordable
rental in the County’s Urban Redevelopment Area. NR’s performance has exceeded projections, as
over 30 single-family units have been acquired to date. NR currently has purchase contracts for 21
additional single-family properties. In
addition to the 21 purchase contracts, they have 38 offers pending which
combined will require an additional $2 Million to complete. The funding will be reprogrammed from the
County’s NSP2 First and Second Mortgage Program. Staff is recommending approval as the
proposed action will further the goals of the County’s NSP2 Program, will
assist the County in meeting strict expenditure deadlines imposed by the U.S.
Department of Housing and Urban Development (HUD) and will not result in a
decrease in the total amount of beneficiaries served under the Program. These
are Federal NSP2 funds which require no local match. (HCD Administration) Districts
2 & 3 (TKF)
JANUARY 24, 2012
5. REGULAR
AGENDA
F. WATER UTILITIES
1. Staff
recommends motion to approve:
A) Amendment No. 1 to the Reclaimed Water Agreement with
Florida Power and Light Company (FPL);
B) Bill of Sale and Assignment
with FPL;
C) Bill of Sale and Assignment to
the East Central Regional Wastewater Treatment Facilities Operation Board
(ECR); and
D) Utility Easement from FPL for
access to and maintenance of reclaimed water facilities located at the West
County Energy Center (WCEC).
SUMMARY: The Palm Beach County Board of County Commissioners (BCC) approved a
Reclaimed Water Agreement with FPL on May 20, 2008 (R2008-0906), setting forth
the terms and conditions of the construction and operation of a reclaimed water
plant located on ECR Property, certain reclaimed water facilities located at
the WCEC, and a reclaimed water pipeline connecting the ECR facilities to the
WCEC facilities (collectively, the Reclaimed Water Project). Construction of the Reclaimed Water Project
is now complete. As such certain documentation is required to transfer
ownership to the County, and in the case of the facilities located on ECR
property to the ECR. Amendment No. 1 to the Reclaimed Water Agreement includes:
modifications to the maintenance responsibilities for certain facilities
located at WCEC; modifications of the billing procedures to allow for a
simplified rate structure; modifications related to reimbursements to FPL for
third party usage of the Reclaimed Water Project and interest earned on certain
accounts; and other modifications required to clarify the parties’ intent
regarding bond issues and land acquisition required for the Reclaimed Water
Project. The changes in Amendment No.1 are clean up items and they do not
materially affect the intent, the obligations of the parties, or the underlying
financial basis of the original Agreement. The Bill of Sale and Assignment with
FPL conveys the Reclaimed Water Project, and assigns all related warranties
from FPL to the County. The Bill of Sale
and Assignment to ECR conveys that portion of the Reclaimed Water Project
located on ECR property, and assigns all related warranties from the County to
ECR. The Utility Easement from FPL to
the County provides the County with an easement for certain Reclaimed Water
Project facilities constructed at WCEC and access thereto. Districts 2 & 6 (MJ)
G. COUNTY ATTORNEY
1. Staff recommends
motion to approve: a
Memorandum of Agreement with the Department of Health (“Department”) to
delegate the duties and responsibilities of the Environmental Control Officer
(“ECO”) to the Department’s local legal office. Summary: Chapter 77-616, Laws of Florida (“Special Act”),
as amended, authorizes the Board of County Commissioners of Palm Beach County,
sitting as the Environmental Control Board, to appoint an ECO. Pursuant
to the Special Act, the ECO may be either an attorney or an engineer. The
purpose of this Memorandum of Agreement is to officially delegate the duties
and responsibilities of the ECO to the Department’s legal office. Countywide
(GDB)
JANUARY 24, 2012
5. REGULAR
AGENDA
H. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners (BCC) of Palm Beach County, Florida, amending
Resolution No. 2009-0248; designating the South Florida Hospital and Healthcare
Association as the agency to recommend one (1) nominee per two (2) year term
for the Hospital Chief Executive Officer Seat. SUMMARY: Per Resolution R2009-0248, the Board of County
Commissioners (BCC) approved the addition of a Hospital CEO representative to
the Emergency Medical Services Advisory Council (Council). The current 18
member EMS Advisory Council is made up of a representative from each of the
following: Fire Chief’s Association;
Private Ambulance Provider; Hospital Administration; Health Care District - Trauma
Management; PBC Medical Society; Economic Council of PBC; Emergency Room Nurses
Forum; EMS Educator; PBC EMS Medical Directors’ Association; PBC Council of
Firefighters; and a District Consumer appointed by each Commissioner; and
Hospital Chief Executive Officer. At the
November 1, 2011 BCC Meeting, the Commission directed staff to amend the
Resolution to provide that the Hospital CEO term of membership be amended from
two (2) years to one (1) year. On November 17, 2011, staff presented the BCC’s
recommendation to the Council. The Council voted to recommend that the term of
membership for the Hospital CEO remain at two (2) years, but that the South
Florida Hospital and Healthcare Association be designated as the agency to
provide one (1) nominee per two (2) year term for the Hospital CEO seat to be
appointed by the BCC. Countywide
(GB)
* * * * * * * * * * * *
JANUARY 24, 2012
A. ADMINISTRATION
(Workforce
Alliance, Inc.)
1. Staff recommends
motion to approve: the appointment of Joel B. Miller to the Workforce
Alliance, Inc. (Alliance) Board of Directors for the period January 24, 2012,
to January 23, 2015:
|
Nominee/ Appointment |
Seat
No. |
Area
of Representation |
Nominated
By |
|
Joel B. Miller |
4 |
Private
Sector |
Workforce Alliance, Inc. |
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
Agreement R2007-1220 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 comprised of a minimum of 40
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)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
A. ADMINISTRATION (Cont’d)
(Handicapped Accessibility and Awareness
Grant Review Committee)
2. Staff recommends motion to approve: A) reappointment of two (2); and B) appointment of three (3) at-large members to the Handicapped Accessibility and Awareness Grant Review Committee (Grant Review Committee) for a two (2) year period beginning January 24, 2012, through January 23, 2014. These are at-large appointments to be made from the following list of nominees:
Reappointments: Seat No. Nominated
by:
Roberta Van Sickle 1 Comm. Marcus
Comm. Burdick
Comm. Taylor
William Lapp 4 Comm. Vana
Comm. Marcus
Comm. Burdick
Comm. Taylor
New Appointments: Seat No. Nominated by:
Pamela White 2 Comm. Marcus
Comm. Taylor
Jerome C. Goldstein 3 Comm. Marcus
Comm. Burdick
Comm. Taylor
Thomas A. Hogarth 5 Comm. Marcus
Comm. Taylor
Comm. Burdick
SUMMARY: This Committee is comprised of nine (9)
members. All members must be residents
of Palm Beach County and a person with disabilities or advocate for persons
with disabilities. These appointments
are necessary to fill five (5) of the nine (9) vacancies on the Grant Review
Committee as a result of multiple expired terms. All terms expired on August 27, 2009. All
appointments are for a term of two (2) years and are at-large. Mr. Lapp has disclosed that he serves on the
board of directors of three non-profit agencies including one in which his wife
is the executive director. Disclosure
of this relationship is being provided in accordance with the provision Sect.
2-443, of the Palm Beach Code of Ethics.
Mr. Lapp requested and received an advisory opinion from the Palm Beach
County Ethics Commission dated September 14, 2011 which opined that Mr. Lapp is
not prohibited for serving on this Committee.
The advisory opinion is attached to the Agenda Item. Additionally, the
Committee provides no regulation, oversight,
management, or policy-setting recommendations regarding those three non-profit
agencies. Countywide (TKF)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
B. COOPERATIVE EXTENSION SERVICE
(Agricultural
Enhancement Council)
1. Staff recommends
motion to approve: A)
appointment; and B) reappointment of
the following individuals to the Agricultural Enhancement Council for the term
of January 24, 2012, to January 23, 2015:
A) Appointment
Name Category,
Seat Number Expire
Rick Roth Farm
Bureau, Seat 2 1/23/15
Stephen Basore Agricultural
Value Added Industry, Seat 6 1/23/15
Lyn Cacella Farm
Credit of South Florida, ACA, Seat 4 1/23/15
B) Reappointment
Name Category,
Seat Number Expire
Glenn Whitworth Eastern
PBC Vegetable Industry, Seat 1 1/23/15
Mark Sodders Sugar
Cane Industry, Seat 3 1/23/15
William Churchill Nursery
Industry, Seat 5 1/23/15
Matthew Miller Agricultural
Supplier, Seat 7 1/23/15
Burton Ashton Western
PBC Vegetable Industry, Seat 8 1/23/15
Daniel P. Coffman PBC
Horse Industry Council, Seat 9 1/23/15
SUMMARY: Based on Resolution No. 94-1760, nine (9) agricultural related entities
were requested to nominate one (1) member each to the Agricultural Enhancement
Council (AEC). Nine (9) nominations are
being submitted at this time. Rick Roth
has disclosed that he has a Lease Agreement with Palm Beach County. The Agricultural Enhancement Council provides
no regulation, oversight, management or policy-setting recommendations
regarding the subject agreement.
Disclosure of this contractual relationship at a duly noticed public
meeting is being provided in accordance with the provisions of Sec. 2-443 of
the Palm Beach County Code of Ethics. Countywide (AH)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
C. FIRE RESCUE
(Fire Code Board of Appeals and Adjustments)
1. Staff recommends
motion to approve: one (1)
appointment to Seat No. 4 to the Fire Code Board of Appeals and Adjustments
beginning on January 24, 2012, through January 23, 2015:
Nominee Category Seat No. Nominated By
Steve Soderlund Architect 4 Commissioner
Marcus
Commissioner
Burdick
Commissioner
Aaronson
SUMMARY: The Fire
Code Board of Appeals and Adjustments is maintained in accordance with the Palm
Beach County Local Amendments to the Florida Fire Prevention Code (Ordinance
2011-038). The appointment of Mr. Soderlund will fill the unexpired term of Mr.
Goodstein who resigned on August 8, 2011, as he no longer resides in Palm Beach
County. On October 11, 2011, a
memo was distributed to the Commissioners requesting nominations to this eight
(8) member board (At-Large). This board
is appointed by the Board of County Commissioners and members serve three (3)
year terms, with no limit on the number of terms an individual may serve. No other nominations were received. Countywide (SB)
D. PARKS & RECREATION
(Boynton
Beach Municipal Golf Course Advisory Committee)
1. Staff recommends
motion to appoint: one (1) alternate at-large
County member to the Boynton Beach Municipal Golf Course Advisory Committee for
a term of approximately five (5) years, January 24, 2012, to December 1, 2016:
Nominee Seat No. Requirement Nominated By:
Pamela Rothman Alternate Citizen
at Large Comm. Karen T. Marcus
Comm.
Priscilla A. Taylor
Comm.
Jess R. Santamaria
Summary: The Board of County
Commissioners, according to the Agreement with the City of Boynton Beach,
appoints two (2) regular members and one (1) alternate member to the Boynton
Beach Municipal Golf Course Advisory Committee.
Mrs. Rothman desires to be
appointed to the alternate seat. Mrs.
Rothman has satisfied the Ethics Training requirements. Notice was sent to the Commissioners on
November 9, 2011, asking for nominations to fill this vacancy. Countywide
(AH)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
E. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
(Investment Policy
Committee)
1. Staff recommends
motion to approve: appointment
of the following individual to the
Investment Policy Committee:
Nominee
Seat No. Nominated
By
Joseph D. Hill, Jr. 3 Commissioner
Taylor
Commissioner
Aaronson
SUMMARY: Allyson
DuPree Smith has vacated her seat on the Investment Policy Committee (IPC) and
her seat on the Committee needs to be filled.
The Committee is comprised of seven (7) members, including a current
member of the Board of County Commissioners, four (4) representatives from the
private sector approved by the BCC, a designee of the Palm Beach County
Sheriff’s Office, and an employee of the Office of Financial Management and
Budget selected by the County Administrator.
Commissioner Aaronson currently serves as the Board’s representative and
as the Committee’s Chairman. Countywide (PK)
F. PUBLIC SAFETY
(Emergency
Medical Services Advisory Council)
1. Staff recommends
motion to approve: reappointment of the following individual to the Emergency Medical Services Advisory Council
(EMS Advisory Council) for a term of two (2) years, from January 24, 2012, to
January 23, 2014:
Re-appoint Representing Seat No. 6 Term Nominated by:
Mark Nosacka
Economic Council of PBC,
Inc. 1/24/2010-1/23/2014 Commissioner Marcus
SUMMARY: The EMS Council
(R2009-0248) consists of 18 members who include 11 members that represent the
various components of the EMS system with specific requirements, and seven (7)
Commission District Consumer appointments.
A memo was sent to all Board members on November 29, 2011 seeking
nominations for the above one (1) At-large seat. Countywide (GB)
G. PLANNING, ZONING & BUILDING
(Zoning
Commission)
1. Staff recommends
motion to approve:
reappointment of the following nominee to the Zoning Commission (ZC) for the
terms indicated below:
Nominee Seat
No Requirement
Nominated by
Term
Robert G. Currie 9
Architect
AIA Palm Beach
2/7/2012-2/3/2015
SUMMARY: The Zoning
Commission Membership, Powers, and Duties are established by Ordinance
2003-067, as amended. The Board consists of nine (9) members appointed by the
Board of County Commissioners (BCC). Each member of the BCC shall appoint one
(1) District member to the ZC. The remaining two (2) members shall be appointed
by a majority vote of the BCC and shall be architects registered in the State
of Florida nominated by the Palm Beach County Chapter of the American Institute
of Architects (AIA). These appointments are consistent with the Unified Land
Development Code (ULDC) requirements, Article 2.G.3.M, ZC Unincorporated
(RB)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
G. PLANNING, ZONING & BUILDING (Cont’d)
(Construction
Industry Licensing Board)
2. Staff recommends
motion to approve: A)
appointment of two (2) new members; and
B)
re-appointment of two (2) current members to the Construction Industry
Licensing Board (CILB):
Appoint
Seat No
Requirement Term Nominated by
Frank Juliano 10
Swimming Pool
Contractor 1/24/12-9/30/14 Comm. Burdick
Comm.
Marcus
Vicki
Soderlund 12 Architect
Member 1/24/12-9/30/13 Comm. Burdick
Comm. Marcus
Reappoint Seat
No Requirement Term
Nominated by
Thomas Hogarth
7 Building
Official Member 1/24/12-9/30/14 Comm. Burdick
Comm. Marcus
Christine M.
Hoke 15
Consumer
Member 1/24/12-9/30/14 Comm. Burdick
Comm. Marcus
SUMMARY: The
Construction Industry Licensing Board was established by Special Act, Chapter
67‑1876, Laws of Florida as amended. The Special Act and subsequently
Florida State Statute sets forth the membership of the Board, which consists of
15 members. The above named members have been recommended by the American
Institute of Architects (AIA) (Ms. Soderlund), Construction Industry Management
Council (CIMC) (Mr.Juliano), and Building Officials Association (BOA) (Mr.
Hogarth). Ms. Vicki Soderlund has been nominated to replace Mr. Mark Beatty’s
who was unable to complete his term. Mr. Frank Juliano was nominated to replace
Mr. Stephen Hackl who was unable to continue to serve. The Building Official Association
recommends the re-appointment of Mr. Thomas Hogarth to complete a full term.
Ms. Christine Hoke has also expressed a willingness to serve another
term. The nominations represent seats for an Architect Member, a Swimming
Pool Contractor, a Building Official Member and a Consumer Member as cited in
the Special Act and F.S. § 489.131 establishing the Construction Industry
Licensing Board. Memorandums were sent to the Board of County Commissioners on
November 22, 2011 advising of the vacant positions; No other nominations were
received. As required by Section 2-443 of the Code of Ethics, this Agenda Item
Summary will serve as disclosure for Christine Hoke. Christine Hoke’s firm has
contracts with Palm Beach County to provide arbitration for the Solid Waste
Authority and representation for an Atlantic Ave agreement. The Construction
Industry Licensing Board provides no regulation, oversight, management or
policy setting recommendations regarding these contracts. Countywide (GB)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
G. PLANNING, ZONING & BUILDING (Cont’d)
(Land
Development Regulation Advisory Board)
3. Staff recommends
motion to approve: A) appointment of four (4) new members; and B) reappointment of two (2) members to
the Land Development Regulation Advisory Board (LDRAB), for the term from
February 7, 2012, to February 3, 2015:
Joni Brinkman 09 Municipal
Rep. PBC League of
Cities
Jerome Baumoehl 11 Architect American Institute
of Architects
Frank Gulisano 13 Realtor Realtor’s Assn of the
Palm Beaches
Maurice Jacobson
15 Citizen
Rep Condominium/HOA
Assn
Charles
Wesley Blackman 17 AICP Planner PBC Planning
Congress
SUMMARY: The
Board is comprised of 19 members. The Unified Land Development Code (ULDC)
provides for seven members appointed by the Board of County Commissioners (BCC)
(one from each Palm Beach County (PBC) Commissioner as a district appointment)
with consideration of expertise in Art. 2.G.3.A.3.b., Qualifications; ten
members that are appointed by a majority of the BCC upon a recommendation by
specific organizations: Residential Builder: Gold Coast Builders; Municipal
Representative: PBC League of Cities; Engineer: Florida Engineering Society;
Architect: American Institute of Architects; Environmentalist: Environmental
Organization; Realtor: The PBC Board of Realtors; Surveyor: Florida Surveying
and Mapping Society; Citizen Representative: Condominium/HOA Association;
Commercial Builder: Association General Contractors of America; and AICP
Planner: PBC Planning Congress; and two members appointed at-large, as
alternates, by majority vote of the BCC, with consideration of the expertise in
Art. 2.G.3.A.3.b., Qualifications. These appointments/reappointments are
consistent with the ULDC requirements. As required by Section 2-443(d) of
the Code of Ethics, this Agenda Item Summary will serve as disclosure for Joni
Brinkman. Joni Brinkman’s employer contracts with Palm Beach County to
provide land planning services for the County. The Land Development Regulation
Advisory Board provides no regulation, oversight, management or policy-setting
recommendations regarding this contract. Unincorporated (LB)
JANUARY 24, 2012
6. BOARD
APPOINTMENTS
H. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
(Westgate/Belvedere Homes CRA Board)
1. Staff recommends
motion to approve: the appointment of the following three (3)
individuals for completion of unexpired terms for Seat No. 1 and Seat No. 3
until May 31, 2013, and for filling the expired term of Seat No. 5 from January
24, 2012, through May 31, 2015:
|
Name |
Seat No. |
Nominated by: |
|
Christopher F.
Fleming |
1 |
Commissioner
Paulette Burdick |
|
|
|
Commissioner
Karen T. Marcus |
|
|
|
Commissioner
Priscilla A. Taylor |
|
|
|
|
|
Cecilia A. St.
Hilaire |
3 |
Commissioner
Paulette Burdick |
|
|
|
Commissioner
Karen T. Marcus |
|
|
|
Commissioner
Priscilla A. Taylor |
|
|
|
|
|
Ruth A. Haggerty |
5 |
Commissioner
Paulette Burdick |
|
|
|
Commissioner
Karen T. Marcus |
|
|
|
Commissioner
Priscilla A. Taylor |
Summary: The Westgate/Belvedere Homes Community Redevelopment Agency (WG/BH CRA)
Board consists of seven (7) At-Large members from the general public and local
businesses within the CRA boundaries.
Ordinance No. 89-6 requires that the Palm Beach County Board of County
Commissioners (BCC) appoint the WG/BH CRA Board Commissioners. The
WG/BH CRA is seeking to appoint three (3) candidates to complete two (2)
unexpired terms and one (1) expired term for Seat No. 1, Seat No. 3, and Seat
No. 5. Mr. Christopher Fleming, a
property owner, has expressed a willingness to complete the unexpired term of
Mr. Joseph D. Peacock who held Seat No. 1 and has resigned. Ms. Cecilia St. Hilaire, a business owner,
has expressed a willingness to complete the unexpired term of Mr. Frederick G.
Wade who held Seat No. 3 and has resigned. Ms. Ruth Haggerty, a resident, has
expressed a willingness to fill expired Seat No. 5, which was held by Mr.
Dennis P. Koehler, who had resigned. At
the December 12, 2011 WG/BH CRA Board meeting, Mr. Fleming, Ms. St. Hilaire,
and Ms. Haggerty were nominated by the Board and residents to be recommended
for appointment by the BCC. The Commissioners were notified of the vacancies by
the WG/BH CRA on December 13, 2011. District 2 (RB)
I. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 24, 2012
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JANUARY 24, 2012
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, CHAIR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, VICE CHAIRMAN
E. District
5 - COMMISSIONER BURT AARONSON
Request approval to present off-site, a Proclamation declaring March 22,
2012 as “All People’s Day” in Palm Beach County.
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."
January 24, 2012 – 9:30 A.M.
FINAL BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JANUARY 24, 2012
PAGE ITEM
17 3E-7 DELETED: Staff recommends motion to approve: Recommended grant awards for Ryan White Part
A and Minority AIDS Initiative (MAI)…(Community Services) (Further staff
review)
17 3F-1 REVISED MOTION: Staff
recommends motion to approve receive and file: an Extension of Time to
the following Joint Participation Agreements (JPA) with the Florida Department
of Transportation (FDOT):…(Airports)
24 3G-2 REVISED SUMMARY: The Code Enforcement Special Master (CESM)
entered an Order on April 5, 2006, giving West Boynton Auto Services, Inc.
(WBAS) until May 5, 2006 to cease operating their Budget Rental Trucks business
on the property without BCC approval. This accessory business was not indicated,
or a part of the original BCC approval and was not shown on an approved
site plan for their the property. Compliance with the CESM’s
Order was not achieved by the ordered compliance date and a fine in the amount
of $500 per day was imposed. The CESM then entered a claim of lien against WBAS
on August 2, 2006. The cited code violations were fully corrected as of
December 13, 2006. The total accumulated lien amount through April 30, 2009,
the date settlement discussions began, totaled $164,260.17 of which WBAS has
agreed to pay the County $54,750 (33.33%) for full settlement of their
outstanding Code Enforcement Lien. District 5 (PGE) (OFMB)
28 3I-3 REVISED TITLE: Staff recommends motion to approve: the following two (2) Community Development
Block Grant Agreements: A)…B) an
Agreement with the City of Greenacres in the amount of $90,830 for the period
of January 24, 2012, to December 15, 2013 December 30, 2012. (HCD)
35 3P-2 REVISED TITLE & SUMMARY: Staff
recommends motion to ratify: the Chair’s signature on the Champions for
Healthy Kids Legacy Awards Grant Memorandum Application with
General Mills in an amount not to exceed $50,000 from for the
period of July 1, 2012, through July 31, 2013. Summary: The
Cooperative Extension Service has submitted an electronic grant application to
General Mills entitled Champions for Healthy Kids Legacy Awards for the purpose
of improving nutrition and fitness of youth in Palmetto Elementary School which
is a Title I school. In accordance
with PPM CW-F-003, the The emergency signature process by the
Chair was used because there was not sufficient time to submit the grant
application through the regular Board of County Commissioners process. If the grant is received awarded,
it will provide $50,000 to the County for one (1) program assistant
position and supplies for the Healthy Kids Program. No County match is
required. Countywide (AH)
(Cooperative Extension)
48 5A-4 REVISED MOTION/TITLE: Staff recommends motion to adopt:
A) adopt a Resolution by the Board of County
Commissioners of Palm Beach County, Florida, conceptually approving a
$75,000 Job Growth Incentive (JGI) Grant with Digital Risk, LLC as a portion of
the local match for a State recommending Digital Risk, LLC be approved
as a Qualified Target Industry (QTI) Grant Business pursuant to
s.288.106, Florida Statutes; providing for local financial support for the
Qualified Target Industry Tax Refund with a High Impact Sector Bonus,;
approving up to $75,000; and
providing for an effective date.; and
B) conceptually
approve a $75,000 Job Growth Incentive (JGI) Grant with Digital Risk, LLC
as a portion of the local match for a State Qualified Target Industry (QTI)
Grant with a High Impact Sector Bonus. (Admin/EDO)
50 5A-8 ADD-ON:
Staff recommends motion to receive and file: Proof of Publication of the
advertisement of the adopted Ordinance reflecting new commission districts
legal boundaries as required by the Constitution of the United States,
Constitution of the State of Florida, Florida Statutes and the Federal Voting
Rights Act. SUMMARY: On December 20, 2011, the Board of County
Commissioners adopted new commission boundaries based on 2010
census. Florida Statute 124.02 require a certified copy of the
Ordinance approving revised commission districts, including their legal
descriptions, be published once a week for two consecutive weeks in a newspaper
published in Palm Beach County. The required publications were advertised
on December 31, 2011 and January 7, 2012. In addition, Florida
Statute 124.03 require the Clerk of Courts of Palm Beach County to submit to
the Department of State a certified copy of the minutes of the Board
acknowledging the required advertisement of the adopted Ordinance reflecting
the description of new commission districts. Countywide (LB)
(Admin)
51 5B-1 DELETED: Staff
recommends motion to approve: A) Service Agreement with
American Eldercare, Inc., for the Division of Senior Services (DOSS), to
provide community-based assistance as a service provider effective February 1,
2012;…(Community Services) (Further staff review)
52 5C-3 ASSIGNED TIME CERTAIN 10:30 A.M. Staff requests Board direction: on the conclusion of contract
negotiations for the sale and development of the Wedge Property located within
the Transit Oriented Development District in downtown West Palm Beach. (FDO)
53 5D-1 REVISED SUMMARY: The resolution
will authorize a County tax exemption for the following historic property
located within the City of Delray Beach:
Address: 138 Northeast 1st
Avenue Delray Beach / property type (residential).
If granted,
the tax exemption will take effect January 1, 2011 2012,
and remain in effect for ten (10) years, or until December 31, 2020 2021.
The exemption will apply to 100 percent of the assessed value of all
improvements to each historic property, which resulted from restoration,
renovation, or rehabilitation of the property. Based on the 2012 2011Countywide
Millage Rate, it is estimated that approximately $1,302.54 tax dollars will be exempted annually for the property. Accompanying
each resolution is a restrictive covenant, which requires the qualifying
improvements be maintained during the period that each tax exemption is
granted. District 7 (RB) (PZB)
56 5G-1 Note: BCC must RECESS AS THE BOARD OF COUNTY COMMISSIONERS and
CONVENE as the ENVIRONMENTAL CONTROL BOARD:
Staff recommends motion to approve: a Memorandum of Agreement with the Department of Health (“Department”)
to delegate the duties and responsibilities of the Environmental Control
Officer (“ECO”) to the Department’s local legal office. Summary: Chapter 77-616, Laws of
Florida (“Special Act”), as amended, authorizes the Board of County
Commissioners of Palm Beach County, sitting as the Environmental Control Board,
to appoint an ECO. Pursuant to the Special Act, the ECO may be either an
attorney or an engineer. The purpose of this Memorandum of Agreement is
to officially delegate the duties and responsibilities of the ECO to the
Department’s legal office. Countywide (GDB)
After
BCC Action: BCC must ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD AND
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS. (County Attorney)
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 (*).