ORDER OF
BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 5, 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 7)
3. CONSENT
AGENDA (Pages 8 - 27)
4. PUBLIC
HEARINGS – 9:30 A.M. (Page 28)
5. REGULAR
AGENDA (Pages 29 - 38)
6. BOARD
APPOINTMENTS (Page 39)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 40)
8. STAFF
COMMENTS (Page 41)
9. COMMISSIONER
COMMENTS (Page 42)
10. ADJOURNMENT (Page 42)
* * * * * * * * * * *
JUNE 5, 2012
TABLE OF
CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 Nation of Trinidad & Tobago’s 50th
Anniversary of Independence
2C-2 Nation of Jamaica’s 50th
Anniversary of Independence
2C-3 Girl Scouts of the USA Month
2C-4 World Refugee Day
CONSENT AGENDA
A. ADMINISTRATION - None
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes: None
3B-3 Contracts
and claims settlements list
3B-4 Report
of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Report
of plat recordations (October 2011 – March 2012)
3C-2 Contract with Ranger Construction Industries,
Inc. for Hypoluxo Road/I-95 intersection improvements
Page 9
3C-3 Deed for right-of-way easement from Congress
Park Owners Association, Inc. on west side of Congress Avenue)
3C-4 Change Order No. 6 with H&J Contracting related
to improvements on Congress Avenue (Lantana Road to south of Melaleuca Lane)
3C-5 Change Order No. 7 with Ranger Construction
Industries related to the Westgate North infrastructure improvements
Page 10
3C-6 Contract with Seacoast, Inc. related to the
CR 707 Bascule Bridge Machine Room repairs project
3C-7 Restrictive Covenant over five (5) water
management areas to allow for perpetual preservation over planted littoral
shelves
3C-8 Resolution designating a certain County-owned
parcel of land as dry detention area for future roadway improvements to Lyons
Road (Lantana Road to Lake Worth Road)
3C-9 Resolution
designating two County-owned parcels of land as right-of-way for Belvedere Road
Page 11
3C-10 Warranty Deed from Lynn University conveying
two parcels of land for additional right-of-way for Military Trail
3C-11 Construction Engineering & Inspection
Services Contract with Gannett Fleming related to the Advanced Traffic
Management System
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
in personal injury claim of Carlos Isaza
Page 12
3D-2 Settlement
Agreement in Plantation Plaza, LLC v. PBC
E. COMMUNITY SERVICES
Page 12
3E-1 Two
(2) Grant renewals and contract related to services for the homeless
Page 13
3E-2 Amendment
No. 2 to Use of Facility Agreement with MorseLife, Inc. for congregate meal
site
3E-3 Multiple amendments and contracts related to
support services under the Ryan White Program
Page 15
3E-4 Subrecipient Agreement with Workforce
Alliance for services to targeted populations to enter unsubsidized employment
JUNE 5, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 15
3F-1 Resolution updating standard Airline-Airport
Use and Lease Agreement
3F-2 Second
Amendment to Airport Ground Transportation Concession Agreement with
Southeastern Florida Transportation Group
Page 16
3F-3 Eighth Amendment to Airline Operating and
Lease Agreement with Air Canada
3F-4 Amendment No. 1 with CH2M Hill, Inc. for
annual professional planning and design services
3F-5 Contract with Community Asphalt Corp. for
the Runway 10L-28R rehabilitation project at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Certify
non ad-valorem assessment roll
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Amendment No. 13 with Hedrick Brothers Construction
related to the Main Detention Center and Sheriff’s Office Headquarters
electrical infrastructure/emergency power renewal project
Page 18
3H-2 Purchase of a 1.10 acre parcel in the Palm
Beach Heights subdivision from Dennis Patton and Tova Bross
3H-3 Standard
ATM Operating License Agreement with Palm Beach County Credit Union
Page 19
3H-4 Modification
of Deed Restriction for Tract R-1 in the Delray Lakes Estates PUD
I. ECONOMIC SUSTAINABILITY
Page 19
3I-1 Amendment No. 2 with Jerome Golden Center
for Behavioral Health, Inc. related to HVAC system renovations
J. PLANNING, ZONING & BUILDING
Page 19
3J-1 Resolution
changing the name of Valencia Palms Boulevard to Valencia Shores Drive
K. WATER UTILITIES
Page 20
3K-1 Receive
and file one (1) standard Utility Concurrency Reservation Agreement
3K-2 Deleted
3K-3 Release
of two (2) Utility Easements on land owned by Oxbridge Academy Foundation, Inc.
3K-4 Second
Amendment with SWA for biosolids processing and recycling
Page 21
3K-5 Deleted
3K-6 Approve the advertising of two (2) public
hearings to consider the designation of a parcel (4220 Charleston Street) as a
Brownfield Area
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 21
3L-1 Receive and file two (2) standard documents
for ERM
M. PARKS & RECREATION
Page 22
3M-1 Receive and file one (1) independent
contractor agreement for Parks
3M-2 Second
Amendment with Acme Improvement District and Boys & Girls Clubs of PBC
relative to funding of the Wellington Boys & Girls Club facility
3M-3 Budget Transfer related to improvements to
the Phil Foster Boat Dock walkway
3M-4 Letters
from City of Boca and Centre for the Arts at Mizner Park regarding the transfer
of ownership and management of the Mizner Park Amphitheater
JUNE 5, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
N. LIBRARY
Page 23
3N-1 Literacy Coalition of Palm Beach County
AmeriCorps Site Application for participation in Literacy AmeriCorps project
P. COOPERATIVE EXTENSION SERVICE
Page 23
3P-1 Agricultural Land Management Interlocal
Agreement with Palm Beach Soil and Water Conservation District for continued
management of County property within the Ag Reserve
Q. CRIMINAL JUSTICE COMMISSION
Page 24
3Q-1 Ratify
Chair’s signature on Second Chance Act Grant Application to Dept. of Justice
related to the Regional and State Transitional Offender Reentry Initiative
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 24
3AA-1 Accept designation as the Community Transportation
Coordinator/Memorandum of Agreement with the Florida Commission for the
Transportation Disadvantaged
BB. SHERIFF
Page 25
3BB-1 Grant Modification to 2009 State Homeland
Security Grant for homeland security initiatives
3BB-2 Agreement
with Workforce Alliance, Inc. relative to the Sheriff’s Office Reentry Job
Placement Program
CC. TOURIST DEVELOPMENT COUNCIL
Page 25
3CC-1First
Amendment to Amended & Restated Agreement with Palm Beach County Film &
Television Commission regarding meetings
Page 26
3CC-2Amendment
to Amended & Restated Agreement with Palm Beach County Sports Commission
regarding meetings, ethics, pension plan, and budget
Page 27
3CC-3First
Amendment to Amended & Restated Agreement with Palm Beach County Cultural
Council regarding meetings, and budget
JUNE 5, 2012
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
Page 28
4A Resolution
abandoning 30 foot right-of-way for Persimmon Avenue in Delray Lakes Estates to
allow Delray Lakes Estates and Balmoral to privatize and gate their communities
4B Execution
of Deed to convey certain portions of Persimmon Avenue, and all of Sawpine
Road, Tall Oak Avenue, Sweetgum Avenue, Sweetgum Street and Sourgum Street/Resolution
abandoning these roads and rights-of-way within Delray Lakes Estates to allow
to privatize and gate communities
REGULAR AGENDA
ADMINISTRATION
Page 29
5A-1 Lake Worth Inlet Sand Transfer Plant
5A-2 Resolution approving Workforce Alliance,
Inc. FY 2012-2013 Budget
5A-3 2012 Hurricane Preparedness Presentation
PUBLIC SAFETY
Page 30
5B-1 Resolution to allow the use of tag fees to
be used to support Animal Care & Control Programs
ECONOMIC SUSTAINABILITY
Page 30
5C-1 Amendment
No. 2 with Community Land Trust of Palm Beach County relative to acquisition
and rehabilitation of properties
Page 31
5C-2 Conceptually
approve Award of Neighborhood Stabilization Program 2 funding and a HOME
Investment Partnership Program funding to HTG of Palm Beach II, LLC
Page 32
5C-3 Job
Growth Incentive Grant Agreement with Digital Risk, LLC
Page 33
5C-4 Conceptual approval of FY 2012-2013 Community
Development Block Grant awards to 13 public service agencies
WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 34
5D-1 Amendment
No. 2 with Westgate/Belvedere Homes CRA relative to acquisition and
rehabilitation of properties
FACILITIES DEVELOPMENT & OPERATIONS
Page 34
5E-1 Civic
Site Dedication Agreement with Boynton Beach Associates XXIV, LLLP conveying to
the County 19.64 acres of property within the Hyder PUD
Page 35
5E-2 Fourth
Amendment to Lease Agreement with SFWMD and Pero Family Farms, LLC for
continued farming of land in Ag Reserve
ENGINEERING & PUBLIC WORKS
Page 35
5F-1 Five
Year Road Program Ordinance
INTERNAL AUDITOR
Page 36
5G-1 Internal
Audit Committee Ordinance
5G-2 Internal
Auditor Ordinance
JUNE 5, 2012
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 36
5H-1 Wellfield
Protection Program
PLANNING, ZONING &
BUILDING
Page 37
5I-1 Recycling
Drop-Off Bins
WATER UTILITIES
Page 38
5J-1 Contract
with Inland Water Pollution Control, Inc. for Wastewater Infrastructure
Collection Project – City of Belle Glade
BOARD
APPOINTMENTS (Page 39)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
JUNE 5, 2012
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation
congratulating the Nation of Trinidad & Tobago on its 50th
Anniversary of Independence. (Sponsored by Commissioner Vana)
2. Proclamation
congratulating the Nation of Jamaica on its 50th Anniversary of Independence.
(Sponsored by Commissioner Taylor)
3. Proclamation
declaring June 2012 as “Girl Scouts of the USA Month” in Palm Beach County.
(Sponsored by Commissioner Vana)
4. Proclamation
declaring June 20, 2012 as “World Refugee Day” in Palm Beach County. (Sponsored
by Commissioner Burdick)
* * * * * * * * * * * *
JUNE 5, 2012
3. CONSENT AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings: None
3. Staff
recommends motion to approve:
Contracts (regular) and claim settlements list as submitted by various
departments to the Clerk & Comptroller=s Office.
Countywide
4. Staff
recommends motion to:
A) receive and file the Report of County Officials Bonds dated June 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)
C. ENGINEERING
& PUBLIC WORKS
1. Staff
recommends motion to receive and file: a Report of plat recordations
from October 1, 2011, through March 31, 2012.
SUMMARY: This is a bi-annual summary of subdivision plats
recorded during the past two fiscal quarters as required by the Department of
Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618,
governing administrative approval of plats by the County Engineer. Countywide (MRE)
2. Staff
recommends motion to approve: a Contract with Ranger Construction
Industries, Inc. (Ranger), in the amount of $400,000 for the construction of
Hypoluxo Road and I-95 Intersection improvements (Project). SUMMARY: Approval of this Contract will allow Palm
Beach County (County) to issue a notice to proceed to Ranger, a Palm Beach
County company, to begin construction of the Project. The Palm Beach County Small Business
Enterprise (SBE) goal for all projects is 15% overall. The SBE participation committed for the
Project by Ranger is 13.59% overall and does not meet the 15% SBE requirement
for this Project. The remaining bidder, however, also did not meet the SBE goal
for this Project. District 3 (MRE)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff
recommends motion to:
A) accept a Deed for a right-of-way easement from Congress Park
Owners Association, Inc. (Congress Park) on the west side of Congress Avenue,
approximately 1,108 feet south of Atlantic Avenue; and
B) approve a Subordination of Utility Interests (Subordination
Agreement) with Bell South Telecommunications, L.L.C. d/b/a AT&T (Bell South)
on said parcel of land.
SUMMARY: Acceptance
of the deed for the right-of-way easement from Congress Park will provide Palm
Beach County with ten and a half feet of area for roadway purposes on the west
side of Congress Avenue, approximately 1,108 feet south of Atlantic Avenue.
Approval of the Subordination Agreement will release the Bell South utility
easement interest on the parcel. District 4 (MRE)
4. Staff
recommends motion to approve: Change Order No. 6 for a 101 day time
extension with H&J Contracting, Inc. (R2010-0737) for Congress Avenue from
Lantana Road to south of Melaleuca Lane (Project). SUMMARY: Approval of Change
Order No. 6 will compensate the contractor for delays associated with survey
errors (53 days) and numerous utility conflicts (48 days) beyond the
contractor’s control as per Attachment “A” of the Agenda Item. This project is jointly funded by FDOT (using
federal funds) and Palm Beach County. The Federal Government, and thus FDOT,
does not recognize survey errors and Palm Beach County will be responsible for
paying liquidated damages to the State for the 53 days at the rate of $3,057
per day for a total of $162,021. Also,
due to utility delays, a 48 day extension is necessary. This extension has been approved by the FDOT.
The contractor will receive no additional money in the contract for this 101
day time extension. District 3 (MRE)
5. Staff
recommends motion to approve: Change Order No. 7 in the amount of
$238,061 and a 40 day time extension to the construction contract (Resolution
No. R2011-0349) with Ranger Construction Industries, Inc., for the Westgate
North infrastructure improvements, Phases 4, 5, and 6. SUMMARY: Approval of Change Order No. 7 is for the
removal of two feet of trash and concrete debris at retention area R-10 and
replacement with two feet of clean fill material. District
7 (MRE)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff
recommends motion to approve:
A) a 60 calendar day Contract (Contract) with Seacoast, Inc.
(Contractor), the lowest, responsive, responsible bidder, in the amount of $1,306,379.24
for the CR 707 Bascule Bridge Machine Room repairs (Project); and
B) Supplement No. 2 for $46,950 to the task authorization approved
by Resolution No. R2011-0174 on February 15, 2011, with Bridge Design
Associates, Inc. (Consultant) for additional engineering services for shop
drawing reviews, periodic site visits and reports, initial and final monitoring
of balance tests, semi-final and final inspection and attendance at meetings.
SUMMARY: Approval of this
Contract will allow the repair or replacement of various sub-structure steel
and concrete items associated with the operation of the lift span. Approval of
Supplement No. 2, with Palm Beach County’s annual structural engineering
Consultant will provide additional engineering services. The Contractor is a
Pinellas County business and was the sole bidder. The Small Business Enterprise (SBE) goal for
the Project is 15%. The Contractor has performed some on site value engineering
and determined that rather than closing the bridge to traffic for the 60 day
contract period, he could perform the necessary work over the 60 day period
with eight (8) separate night closures.
The 60 day Contract time will start only after all of the required parts
have been ordered and received. We
estimate the contract and the associated night time closures may start sometime
after October 1, 2012. District 1 (MRE)
7. Staff
recommends motion to approve: a Restrictive Covenant over five (5) water
management areas owned by Palm Beach County (County), which will protect the
designated planted littoral shelves as approved by the County Department of
Environmental Resources Management. SUMMARY:
Approval of the Restrictive
Covenant will provide for perpetual preservation over the area designated as
planted littoral shelves on five (5) County-owned water management areas. District 6 (MRE)
8. Staff
recommends motion to adopt: a Resolution designating a certain parcel
of land owned by Palm Beach County (County) located on the east side of Lyons
Road, north of Lantana Road, just north of Rosemount Drive, as a dry detention
area required for future roadway improvements for the Lyons Road from Lantana
Road to Lake Worth Road project (Project).
SUMMARY: Adoption of this Resolution will designate a certain
County-owned parcel of land as a dry detention area for the Project. District 3 (MRE)
9. Staff
recommends motion to adopt: a Resolution designating two (2) parcels of
land owned by Palm Beach County (County) located on the north side of Belvedere
Road at Wynnwood Drive and east of Wynnwood Drive, as right-of-way for
Belvedere Road. SUMMARY: Adoption
of this Resolution will designate two (2) County-owned parcels of land as
right-of-way for Belvedere Road. District
2 (MRE)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff
recommends motion to:
A) accept a Warranty Deed for Parcels 100 and 101 from Lynn
University for additional right-of-way for Military Trail; and
B) approve a subordination of utility interests to Palm Beach
County from the City of Boca Raton.
SUMMARY: This action provides for the acceptance
of a warranty deed conveying additional right-of-way for Military Trail and the
approval of a subordination of utility interests. District 4 (MRE)
11. Staff
recommends motion to approve: a
Construction Engineering & Inspections (CEI) Services Contract with Gannett
Fleming, Inc. (Contract), in the amount of $403,121.89, to oversee construction
of the Advanced Traffic Management System Group 3 project (ATMS Project). SUMMARY:
Approval of this Contract will provide the professional CEI services
required for the ATMS Project, in the amount of $403,121.89. The costs of providing CEI services will be
reimbursed under the Local Agency Participation Agreement FPN No.
416525-02-58-01 by the Florida Department of Transportation. Countywide (MRE)
D. COUNTY
ATTORNEY
1. Staff
recommends motion to approve: a
Settlement in the amount of $67,500, inclusive of attorney fees and costs, of
the personal injury claim of Carlos Isaza, Claim 000103-009088-AB-01. SUMMARY: On May 6, 2011, a County pickup truck rear-ended
a car driven by Carlos Isaza.
Claimant was stopped in front of the County vehicle on southbound
Haverhill Road near Nautica Isles Boulevard, in the City of Greenacres at the
time of the accident. Mr. Isaza suffered
several disc herniations and underwent a cervical fusion. His medical bills exceeded $138,000. Staff, including the Risk Management
Roundtable Committee, recommends this Settlement as in the County’s best
interests. Countywide (AJM)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff
recommends motion to approve: Settlement
Agreement in the appeal styled Plantation Plaza, L.L.C. v. Palm Beach County,
Case No. 502011CA001197XXXXXMB (Fifteenth Judicial Circuit) and the alternative
dispute resolution proceeding styled, In re Case Number C-2010-10250024 &
Case Number C-2011-01040016, Petitioner Plantation Plaza, LLC. SUMMARY: Palm
Beach County brought Code Enforcement Cases C-2010-10250024 and
C-2011-01040016, against Plantation Plaza, L.L.C., for repeated noise
violations arising from the operation of the Plaza’s strip mall, located at
2650 South Military Trail. After hearing
the cases, the Code Enforcement Special Magistrate assessed a fine of $5,000
per day for six days of repeated noise violations and administrative costs in
the amount of $1,390.97. On January 24, 2011, Plantation Plaza, L.L.C.,
initiated alternative dispute resolution procedures with the County, pursuant
to F.S. 70.51(3), contesting the $31,390.97 fine imposed upon Plantation Plaza,
L.L.C., as an unreasonable burden on the subject property. Plantation Plaza,
L.L.C. also appealed the Special Magistrate’s decision by petition for writ of
certiorari in the case styled, Plantation Plaza, L.L.C. v. Palm Beach County,
Case No. 502011CA1197XXXXMB. Both at the code enforcement hearing and in its
alternative dispute resolution proceeding, Plantation Plaza, L.L.C., took the
position that the noise violations were the fault of its tenant, who the Plaza
was in the process of evicting. The
Plaza also cited several remedial measures being taken at the property in order
to reduce commercial noise, such as foam insulation. While the dispute resolution process and the
certiorari appeal were pending, the Town of Palm Springs annexed the property
into its jurisdiction. Thereafter, Plantation Plaza L.L.C. offered to settle
the alternative dispute resolution proceeding and the certiorari appeal by
paying a reduced fine of $1,000 per day for the six days of violation and the
administrative costs of $1,390.97, totaling $7,390.97. Under the settlement agreement, each party
shall bear their own attorney’s fees and costs. District 3 (ATP)
E. COMMUNITY SERVICES
1. Staff
recommends motion to:
A) receive and file 2011 Supportive Housing Program Renewal
Grant Agreement No. FL0292B4D051104, with the United States Department of
Housing and Urban Development (HUD), for the period January 1, 2013, through
December 31, 2013, in an amount not to exceed $442,158 and a required County
match of $91,240;
B) receive and file 2011 Shelter Plus Care Renewal and
Consolidation Grant Agreement No. FL0281C4D051104, with the United States
Department of Housing and Urban Development, for the period May 23, 2012,
through May 22, 2013, in an amount not to exceed $370,176;
C) receive
and file Contract for Provision of Financial Assistance with The Jerome
Golden Center for Behavioral Health, Inc., for the period May 23, 2012, through
May 22, 2013, in an amount not to exceed $370,176.
D) approve
Budget Amendment of $58,492 in the HUD Supportive Housing fund to align the
budget to the actual grant award.
Summary: On November 15, 2011, (R2011-1758
and R2011-1759) the Board of County Commissioners delegated authority to the
County Administrator or his designee to sign the United States Department of Housing and Urban Development (HUD) Supportive Housing Program and Shelter
Plus Care Grant Agreements, and the Contract with The Jerome Golden Center for
Behavioral Health, Inc. for the HUD Shelter Plus Care Program. This
authorization and designation was necessary to expedite the agreements and
thereby avoid gaps in service delivery to homeless individuals. A County match of $91,240 is required. County match funds of $68,430 are
included in the proposed FY 2013 budget.
The remaining County match funds of $22,810 will be requested during the
FY 2014 budget process. (Human
Services) Countywide (TKF)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff
recommends motion to approve: Amendment No. 002 to Use of Facility Agreement with MorseLife, Inc.
(R2009-1070) to: a) increase the agreement amount by $10,003, for the period
July 7, 2009, through July 6, 2012, for a new amount not to exceed $46,965; and
b) extend the Agreement for an additional twelve (12) months for the period
July 7, 2012, through July 6, 2013, in an amount not to exceed $36,962. Summary: DOSS has received federal funds from the Older Americans’ Act
(OAA) to provide senior congregate meal sites. Based on new projections,
an increase is needed to provide an additional 2,029 kosher meals to seniors at
the rate of $4.93 per meal. The
Agreement will also be extended for an additional twelve (12) months for the
period July 7, 2012, through July 6, 2013 in an amount not to exceed $36,962. The contract is funded through a combination of
Federal grant and County funds. Required
County funds are included in the FY 2012 and proposed FY 2013 budgets. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road
(TKF)
3. Staff
recommends motion to approve:
A) seven (7) Amendments to Ryan White Part A
HIV Health Support Services (Formula and MAI) for the period March 1, 2012,
through February 28, 2013:
1) Amendment No. 1 to Compass, Inc. (Formula) (R2012-0483) to increase
funding for Emergency Financial Assistance by $2,000, Food Bank by $2,400,
Medical Transportation by $1,600, Non-Medical Case Management Eligibility Units
by $3,923, and Non-Medical Case Management Eligibility FTE by $58,333 for a new
total contract amount not to exceed $332,322;
2) Amendment No. 1 to Gratitude House, Inc. (Formula) (R2012-0484) to
increase funding for Substance Abuse Outpatient by $3,424 for a new total
contract amount not-to-exceed $17,120;
3)
Amendment No. 1 to Health Care District of Palm Beach County (Formula)
(R2012-0485) to increase funding for Nutritional
Supplements by $3,081 for a new total contract amount not-to-exceed
$623,403;
4) Amendment No. 1 to Treasure Coast Health
Council, Inc. d/b/a Health Council of Southeast FL (Formula) (R2012-0487) to
increase funding for CARE Council Support by $20,600 for a new total contract
amount not-to-exceed $383,000;
5)
Amendment No. 1 to Comprehensive AIDS Program of Palm Beach County, Inc.
(Formula) (R2012-0597) to increase funding for Non-Medical Case Management
Eligibility Units by $97,371 and Non-Medical Case Management Eligibility FTE by
$58,333 for a new total contract amount not-to-exceed $1,196,728;
6)
Amendment No. 1 to Comprehensive AIDS Program of Palm Beach County, Inc.
(MAI) (R2012-0598) to decrease funding for Medical Case Management by $13,773
for a new total contract amount not-to-exceed $563,462;
7)
Amendment No. 1 to FoundCare, Inc. (Formula) (R2012-0599) to increase
funding for Mental Health by $5,486, Outpatient Primary Care by $7,200,
Laboratory Diagnostic Testing by $13,200, Oral Health by $13,509, Nurse Care
Coordination by $4,000, and Substance Abuse Residential by $693 for a new total
contract amount not-to-exceed $481,880;
B) nine (9) Contracts for Provision of Ryan
White Part A HIV Health Support Services (Formula, Supplemental and Offset)
with listed provider agencies for the period March 1, 2012, through February
28, 2013, totaling $3,540,456, for Ryan White Part A Treatment Extension Act of
2009 HIV Emergency Relief Formula funds:
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. MOTION/TITLE CONTINUED
|
1) Compass, Inc. (Supplemental)
|
$144,309
|
|
2) Comprehensive AIDS Program of
Palm Beach County, Inc. (Supplemental)
|
$554,635
|
|
3) Comprehensive AIDS Program of
Palm Beach County, Inc. (Offset)
|
$94,445
|
|
4) FoundCare, Inc. (Supplemental)
|
$92,794
|
|
5) Health Care District of Palm Beach County
(Supplemental)
|
$152,000
|
|
6) Legal Aid Society of Palm
Beach County, Inc. (Supplemental)
|
$58,931
|
|
7) Palm Beach County Health
Department (Supplemental)
|
$475,366
|
|
8) Palm Beach County Health
Department (Formula)
|
$1,887,091
|
|
9)
Treasure Coast Health Council, Inc. d/b/a Health Council of Southeast
FL
|
$80,885
|
|
Total
|
$3,540,456
|
C) downward
Budget Amendment of $830,615 in the Ryan White Care Program Fund to align the
budget to the actual grant award.
Summary: A Notice of Grant Award from the Department
of Health and Human Services Health Resources and Services Administration
(HRSA) was received on March 1, 2012 and conveys an award totaling $9,054,547
for the contract period March 1, 2012, through February 28, 2013. The contracts listed represent a portion of
the total funding of the agency awards approved by the Board of County
Commissioners (BCC) on February 7, 2012. These agencies are selected and
recommended for contracting through a Request for Proposal (RFP) process. The balance of the funding was awarded at
previous BCC meetings on April 3, 2012 and April 17, 2012. Seven (7) of the
contracts approved on these dates are being amended to reflect actual award
amount and allocations made by the PBC HIV CARE Council. The contracts and amendments are for services
for HIV affected clients, including medical case management, medical care,
pharmacy oral health care, and substance abuse treatment. Employees Roz Collins
of Gratitude House, Inc., Kimberly Rommel-Enright and Vicki Tucci of Legal Aid
Society of Palm Beach County, Inc., serve on a County Advisory Board, the PBC
HIV CARE Council. Employee Mickale
Linton of Legal Aid Society of Palm Beach County, Inc. serves on a County
Advisory Board, the Head Start-Early Head Start Policy Council. These Boards provide no regulation,
oversight, management, or policy-setting recommendations regarding the agency
contracts and amendments listed above.
Disclosure of these contractual relationships at a duly noticed public
meeting is being provided in accordance with the provisions of Sect. 2-443, of
the Palm Beach County Code of Ethics. No
County funds are required. (Ryan White) Countywide (TKF)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff
recommends motion to approve: Subrecipient
Agreement No. S11-013, with Workforce Alliance, Inc., for the period of June 5,
2012, through March 31, 2013, providing funding to the County in an amount not
to exceed $175,436, for
services to Targeted Populations to Enter Unsubsidized Employment. SUMMARY: The Workforce Alliance, Inc. Subrecipient
Agreement is to provide services for targeted populations to obtain and
maintain gainful unsubsidized employment through the Targeted
Populations to Enter Unsubsidized Employment program. These services will be provided through the Senator Philip D. Lewis Center where forty
unemployed homeless individuals will be assessed and enrolled in a training and
placement employment program. The funds
will be sub-contracted with The Lord’s Place as a service provider at the Senator Philip D. Lewis Center. The grant application was executed by the
Board Chair on December 7, 2011, and ratified by the Board of County
Commissioners on January 24, 2012 (R2012-0051). (Human Services) Countywide (TKF)
F. AIRPORTS
1. Staff
recommends motion to adopt: a
Resolution updating the standard form Airline-Airport Use and Lease Agreement
for the Palm Beach International Airport (PBIA); establishing a standard form
amendment to extend the existing Airline-Airport Use and Lease Agreements;
authorizing the County Administrator or his designee to execute the approved
standard form documents and to make certain amendments to the standard form
documents; superseding and replacing the standard form Airline-Airport Use and
Lease Agreement approved pursuant to Resolution No. R2006-1906; providing for
severability; and providing for an effective date. SUMMARY:
The Airline-Airport Use and Lease Agreements with the existing signatory
airline tenants at PBIA are scheduled to expire on September 30, 2012. This Resolution establishes a new standard
form amendment providing for a two-year extension of the Airline-Airport and
Lease Agreements with existing signatory airline tenants. This Resolution also modifies the current
standard form Airline-Airport Use and Lease Agreement to incorporate updated
boilerplate provisions relating to non-discrimination and the Office of
Inspector General. The updated form will
be used for the lease of space to new signatory airline tenants during the
two-year extension period. This
Resolution also authorizes the County Administrator or his designee to execute
the approved standard form documents on behalf of the Board; to agree to
modifications an airline’s leased premises, as may be required; to update
insurance provisions upon the advice of the Risk Management Department; and to
agree to non-material changes to the standard forms. Staff is recommending the two-year extension
to facilitate the negotiation and development of a new standard form
Airline-Airport Use and Lease Agreement, which will commence in fiscal year 2015.
Countywide (AH)
2. Staff
recommends motion to approve: Second Amendment (Amendment) to Airport
Ground Transportation Concession Agreement with Southeastern Florida
Transportation Group, LLC (SEFTG) (Agreement) (R2005-1774), renewing the term
of the Agreement for one (1) year through September 30, 2013, and providing for
payment of concession fees equal to the greater of a per capita charge of
$0.0885 per deplaned passenger or a minimum annual guarantee (MAG) of $266,959.
SUMMARY: SEFTG provides on-demand
ground transportation services, including taxicabs, executive sedans,
limousines and shared ride services, at the Palm Beach International Airport
(PBIA). SEFTG is a Florida limited
liability company with its principal office in Fort Lauderdale. The Agreement commenced on October 1, 2005,
and expires on September 30, 2012. This
Amendment extends the term of the Agreement by one (1) additional year. SEFTG will be required to pay concession fees
equal to the greater of a per capita charge of $0.0885 per deplaned passenger
or a minimum annual guarantee of $266,959.
The Amendment also updates non-discrimination provisions to ensure
compliance with recent changes to 49 CFR Part 23, which regulates airport concession
disadvantage business enterprise (ACDBE) programs. The Agreement has an annual
17% ACDBE participation goal and SEFTG reported 20.67% ACDBE participation for
fiscal year 2011. Countywide (AH)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff
recommends motion to receive and file: Eighth Amendment to Airline Operating and Lease Agreement with Air
Canada (R2009-0081), replacing Exhibit “B” decreasing leasehold for the season,
effective May 1, 2012. 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)
4. Staff
recommends motion to approve:
A) Amendment
No. 1 to the General Consulting Agreement with CH2M Hill, Inc. for
Consulting/Professional Services in the amount of $1,453,038 for the continued
performance of professional planning and design services related to the
approved Palm Beach County Airports Capital Improvement Program; and
B) a
Budget Transfer of $508,586 in the Airports Improvement and Development Fund
from Reserves to provide budget to fund the Consulting Agreement.
SUMMARY: The Consulting Agreement
(R2011-1333) with CH2M Hill, Inc. for general airport planning and design was
approved on September 13, 2011 in the amount of $1,521,708 in order to carry
out the approved Capital Improvement Programs for the County’s Airports. The agreement is for two (2) years with two
(2) - one (1) year renewal options.
Approval of Amendment No. 1 in the amount of $1,453,038 will provide
funds to complete the following tasks and services: Task I Services – North Palm Beach County General Aviation Airport
(F45) Hangar Planning & Programming Services; Palm Beach International Airport (PBIA)
Runway 10L-28R Rehabilitation Construction Administration (CA), Construction
Engineering Inspections (CEI) and Quality Assurance (QA) Materials Testing
Services; PBIA Taxiway C4 High-Speed Exit Construction Support (CS),
Construction Engineering Inspections (CEI) and Quality Assurance (QA) Materials
Testing Services; PBIA Airport Layout Plan (ALP) Update; PBIA Exhibit “A”
Property and Grant-Acquired Noise Land Map Update; and PBIA Air Service Support
–Task 2; Task III Services –
Miscellaneous Planning and Engineering Services; Miscellaneous Financial Consulting and
Capital Programming Services; and Miscellaneous Environmental Consulting Services. CH2M Hill, Inc. is a Englewood, Colorado
based firm; however, the majority of the work to be completed in this Agreement
will be completed and/or managed through their Palm Beach Gardens, Florida
office in conjunction with several Palm Beach County-based subconsultants and
firms. Certain tasks performed during
the term of this Amendment may be eligible for State and Federal grant
participation. The Disadvantaged
Business Enterprise (DBE) goal for the agreement was established at
25.00%. The DBE participation for this
Amendment is 36.13%. The total anticipated DBE participation to date is 30%. Countywide
(JCM)
5. Staff recommends motion to
approve: a Contract with Community Asphalt Corp. in the amount of $10,845,038.27
for the Runway 10L–28R Rehabilitation project at Palm Beach International
Airport (PBIA). SUMMARY: This
project was advertised utilizing the County’s competitive bid process. On April 24, 2012, three (3) bids were
received for the Runway 10L-28R Rehabilitation project at PBIA. Of the three
(3) bids, Community Asphalt Corp., a Palm Beach County company has been
identified as the lowest responsible/responsive bidder in the amount of
$10,845,038.27 for the Runway 10L-28R Rehabilitation project at PBIA. The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 14.00%. None of the bidders achieved the DBE
goal. Community Asphalt Corp. is
responsive to the DBE requirements and has committed to a minimum of 6.09% DBE
utilization on this project. Passenger Facility Charge funds are being utilized
to fund this project. Countywide
(JCM)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to authorize: the Chair to certify the non ad-valorem assessment roll on electronic
media to the Tax Collector pursuant to Chapter 197, Florida Statutes. SUMMARY:
In 1998 the County began using the
Uniform Method of collecting non-ad valorem special assessments. Under this
procedure, special assessments are included on the tax bills. Each year the
non-ad valorem assessment roll must be certified to the Tax Collector by
September 15. Countywide (PFK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to approve:
A) Amendment No. 13 to the contract with
Hedrick Brothers Construction (R2007-1506) in the amount of $2,014,476 for
construction management services for the Main Detention Center and Sheriff’s
Office Headquarters Electrical Infrastructure/Emergency Power
Renewal/Replacement Project establishing a Guaranteed Maximum Price (GMP); and
B) Budget Transfer in the amount of $1,921,673
in the Public Building Improvement Fund decreasing funding for three (3)
completed and/or abandoned projects with the Public Building Improvement Fund
and increasing the budget for the PBSO Headquarters Infrastructure
Renewal/Replacement.
SUMMARY:
Amendment No. 13 establishes a GMP of $2,014,476 and 63 calendar days
for completion. The GMP includes the cost of work, the construction manager’s
fee and a contingency. Replacement of
electrical infrastructure and emergency power systems is necessary as existing
generators and electrical gear were installed in 1991, are in poor condition,
and need replacement to provide reliable emergency power to support the life
safety functions at the Jail and reliable emergency power to Headquarters. Reliability of the existing equipment is an
ongoing issue as replacement parts are no longer available from the
manufacturer, difficult to locate from other sources, and when located,
costly. In addition, the new generators
will comply with current Environmental Protection Agency emission
regulations. This project includes the
replacement of existing generators and electrical switchgear as well as the
addition of a one story building and renovation to existing central energy
plant to facilitate the replacement of the generators. GMP No.13 authorizes
early site work and procurement of the generators and switchgear, the latter of
which has a long production lead time. A
GMP for the remainder of the work in the project will be brought to the Board
in late 2012. The Small Business
Enterprise (SBE) goal for this contract is 15%.
Hedrick Brothers Construction’s SBE participation for this GMP is 0% as
the majority of this GMP is the procurement of long lead time equipment
directly from the manufacturer. The
contractor will address the SBE goals in the GMP for the construction portion
of this project. This GMP is funded
through project specific funding included in the FY 12 Public Building
Improvement Fund, and the budget transfer establishes the funding required for
the construction GMP of the project by sweeping remaining balances in three (3)
completed/abandoned projects in the Public Building Improvement Fund. (Capital Improvements Division) District 2
(JM)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff
recommends motion to approve: the purchase of a 1.10 acre parcel of vacant land
located in the Palm Beach Heights subdivision, west of Jupiter, from Dennis
Patton, a married man joined by his wife, Tova Bross, for $1,650. SUMMARY: The Palm Beach Heights subdivision is north
of Indiantown Road and northeast of the Bee Line Highway, and is part of the
Pal-Mar ecosite. Mr. Patton acquired
this 1.10 acre parcel through a bankruptcy sale and has offered to sell the
property to the County. The proposed
purchase price will reimburse Mr. Patton for expenses he incurred ($1,500 for
land purchase, plus $150 for auctioneer fees) at the bankruptcy sale. The proposed price is significantly lower
than a previous acquisition where the County’s Department of Environmental
Resources Management (ERM) paid $4,600 for a similar parcel at a tax deed sale
in November 2011. A title policy will be
obtained and a pre-acquisition environmental assessment will be performed by
ERM. Due to the remote location and low
price of the parcel, a boundary survey will not be obtained as the cost could
exceed the value of the land. The 1.10
acre parcel will be conveyed to the County by Statutory Warranty Deed. Under
the Palm Beach County Property Acquisition, Disposition and Leasing Ordinance,
2002-067, as amended, an appraisal is not required since the proposed purchase
price is less than $25,000. The assessed
value of the property is $850. This
purchase must be approved by a supermajority vote (5 Commissioners). (PREM)
District 1 (HJF)
3. Staff
recommends motion to:
A) approve a standard ATM Operating License Agreement
with the Palm Beach County Credit Union, a not-for-profit financial cooperative
owned and operated by its members who include the employees of Palm Beach
County, for the installation and operation of automated teller machines in
County-owned buildings; and
B) authorize
the Director of Facilities Development and Operations to sign and administer
the ATM Operating License Agreement, including all amendments, and extensions
thereof.
SUMMARY: On
October 22, 2002, the Board adopted Ordinance 2002-067, the Palm Beach County
Real Property Acquisition, Disposition and Leasing Ordinance (PREM Ordinance)
which authorized the Director of the Facilities Development and Operations Department
or his or her designee to execute, on behalf of the Board, standard form
license agreements approved by the Board. This license agreement establishes
the standard terms and conditions under which the Credit Union can install and
operate an automated teller machine (ATM) in a County-owned building.
Site-specific conditions shall be addressed in a Letter of Agreement attached
to and incorporated into the license agreement. The term of use for any
agreement will not exceed five (5) years. The Credit Union is responsible for
all costs associated with installation, use, maintenance, and repair of the
ATM. There is no license fee associated with this license. Either party may
terminate the agreement upon thirty (30) days written notice to the other party.
The standard agreement includes a disclosure regarding the authority of the
Inspector General. The delegation of
authority to the Director of Facilities Development and Operations includes the
authority to approve and execute agreements, site-specific conditions,
amendments, term extensions, and changes to terms when those changes are not
inconsistent with the approved standard agreement. (PREM) Countywide
(HJF)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff
recommends motion to approve: a Modification of Deed Restriction for Tract
R-1 in the Delray Lakes Estates PUD. SUMMARY: In March 1981, Tracts R-1 and
R-2 (Tracts), of Delray Lakes Estates PUD were dedicated to Palm Beach County
via plat. These two (2) Tracts,
comprising 3.54 acres, were dedicated for perpetual use of the public in
satisfaction of recreation and civic site code requirements. In January 1995, the Delray Lakes Estates
Homeowners Association (HOA) purchased the Tracts from the County (R94-1627D)
for $25,000 since it was determined that the Parks Department did not have any
use for the Tracts as a public park. However, a restriction was included in the
deed requiring the Tracts to be used for park purposes serving the residents of
Delray Lakes Estates. Currently, the HOA
desires to construct a security gate house and privatize the roads internal to
the PUD. Construction of the gatehouse
and entry road will encroach into Tract R-1 in an area which is 90 feet x 250
feet (22,500 square feet, or .52 acre). The HOA has requested relief from the
deed restriction to allow for the gatehouse and roadway encroachment into Tract
R-1. The Modification of Deed Restriction
allows the subject portion of Tract R-1 to be used for the guard house, gate,
associated entry features, and access road, with the balance of the property
remaining restricted to park use.
Privatizing the internal roadways will relieve the County of maintenance
responsibility. (PREM) District 5
(HJF)
I. ECONOMIC
SUSTAINABILITY
1. Staff
recommends motion to approve: Amendment No. 002 to an Agreement (R2010-1122) with Jerome Golden
Center for Behavioral Health, Inc. (Jerome Golden Center) to extend the
expiration date from June 30, 2012, to December 30, 2012. SUMMARY:
On December 7, 2010, the County
entered into an Agreement (R2010-1122) with the Jerome Golden Center allocating
$275,513 in Community
Development Block Grant (CDBG) funds for the renovation of its heating,
ventilation, and air condition (HVAC) system.
On July 19, 2011, the Agreement was amended by Amendment No. 001
(R2011-1032) which increased the funding to $343,712.50. The Jerome Golden Center, which was formerly
known as the Oakwood Center of the Palm Beaches, Inc., is located at 1041 45th
Street in the City of West Palm Beach. The work being presently undertaken was
delayed due to an electrical fire and due to delays experienced in the initial
phase of this renovation work. This funding is projected to create two (2)
jobs and have a five (5) year Economic Sustainability Impact of $137,000. These
are federal CDBG funds which require no local match. (DES Contract
Development) District 7 (TKF)
J. PLANNING, ZONING
& BUILDING
1. Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, changing the street name of
Valencia Palms Boulevard to Valencia Shores Drive, located in Valencia Shores
Plat 1, Plat Book 93, pages 88-113. SUMMARY: Valencia Shores
Master Association has asked the Palm Beach County Board of County Commissioners
to rename Valencia Palms Boulevard to Valencia Shores Drive. Upon receiving a copy of the approved Resolution,
Planning, Zoning and Building Staff will implement the name change by notifying
appropriate parties and agencies. District 3 (RB)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff
recommends motion to receive and file: executed Agreement received during the month of April 2012:
A) Utility
Concurrency Reservation Agreement with Delray Beach Associates I, LLC - UCRA No.
05-01110-000
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 Utility
Concurrency Reservation 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. District 5 (MJ)
2. DELETED
3. Staff
recommends motion to approve: Release of two (2) Utility Easements on land
owned by Oxbridge Academy Foundation, Inc. (Oxbridge). Summary: This document will
release the County’s interest in the Palm Beach County Utility Easements
(PBCUE) solely granted by Official Record Book 20823, Page 1875 and Official
Record Book 20823, Page 1872 on land currently owned by Oxbridge. The Water
Utilities Department has determined that these easements are no longer needed,
and therefore recommends the release. (WUD No. 12-525) District 7 (MJ)
4. Staff recommends motion to approve:
A) a Second
Amendment to the Interlocal Agreement (R2005-0897) for Biosolids Processing and
Recycling with the Solid Waste Authority of Palm Beach County (SWA) for the
treatment of biosolids generated at the Southern Region Water Reclamation
Facility (SRWRF); and
B) a Budget
Transfer of $700,000 from the System Renewal and Expansion Capital Project to
the Sludge Pelletization Facility Project in the Water Utilities Department’s
Capital Improvement Fund to fund this Amendment.
Summary: On May 3, 2005, the
Board of County Commissioners approved an Interlocal Agreement for Biosolids
Processing and Recycling with SWA (R2005-0897) (Interlocal Agreement). As
part of the wastewater
treatment process at SRWRF, biosolids are removed from the water, thereby
purifying it. These biosolids can be
either landfilled or beneficially recycled as a fertilizer or soil
amendment. Prior to entering into the
Interlocal Agreement, these biosolids were bulk land applied in St. Lucie
County. In recent years, land application regulations have become increasingly
stringent, resulting in fewer land application sites and higher costs.
Biosolids pelletization provides an attractive alternative that will allow for
the continued recycling of this product while at the same time meeting existing
and future regulations. The resulting pellets are blended with other fertilizer
components and then be beneficially reused by the public. Under the Interlocal
Agreement, the SWA is responsible for the design, construction, operation and
maintenance of the regional Biosolids Processing and Recycling Facility, and,
in addition, will market the biosolids pellets to various fertilizer
manufacturers. The Facility became
operational in 2010. This Second Amendment finalizes the capital cost of the
project based on a Settlement Agreement with the Contractor, and authorizes
final payment to SWA from WUD in the amount of $694,663.75. Countywide (MJ)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. DELETED
6. Staff
recommends motion to approve: the advertising of public hearings on
Tuesday, June 19, 2012 at 9:30 a.m. and Tuesday, July 10, 2012 at 9:30 a.m. considering the designation of a parcel
located at 4220 Charleston Street within unincorporated Palm Beach County as a
Brownfield Area. Summary: On April 5, 2011, the
Palm Beach County Board of County Commissioners approved an Interlocal Subgrant
Agreement with Treasure Coast Regional Planning Council to facilitate
Brownfields cleanup and redevelopment of the former Pike Utilities property
owned by the County. Staff recommends designating the property as a Brownfield
Area pursuant to the Brownfields Redevelopment Act set forth in Sections
376.77-376.85, Florida Statutes. Per Section 376.80(2)(a), Florida Statutes,
two (2) public hearings are required in order to designate the property as a
Brownfield Area. Designation of the property as a Brownfield
Area will allow for its development into an open space passive park, provide more
favorable cleanup standards, and obtain site closure with Florida Department of
Environmental Protection. District
2 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to receive and file: two (2) original documents for
the Department of Environmental Resources Management:
A) Amendment No. 1 extends the Interlocal Agreement R2010-1432 (September
14, 2010) between the County and Westgate/Belvedere Homes CRA from April 30,
2012, to October 31, 2012; and
B) Amendment No. 6 to the Florida Department of Environmental Protection,
(FDEP) State Financial Assistance Agreement No. LP6046 (R2006-0583) for the
Seagrass Survey Project in the Lake Worth Lagoon
(LWL) and Intracoastal Waterway, (ICW) extends the end date from June 30, 2012,
to June 30, 2013. Amendment No. 6 also
deletes Attachment A, Project Work Plan and replaces it with Attachment A-1,
Revised Grant Project Work Plan.
SUMMARY: On September 14, 2010, the Board of County
Commissioners approved Interlocal Agreement R2010-1432 with the
Westgate/Belvedere Homes CRA for the North Westgate Infrastructure Improvement
Project. Delegated authority to execute
time extensions and other minor changes was approved, pursuant to PPM No.
CW-O-051, on September 14, 2010 (R2010-1432).
On April 27, 2006, the Board of County Commissioners approved the State
Financial Assistance Agreement No. LP6046 with the FDEP (R2006-0583) to provide
funds for the Palm Beach County Seagrass Survey project. Delegated authority to execute time
extensions and other minor changes was approved, pursuant to PPM No. CW-O-051,
on April 27, 2006 (R2006-0583). Countywide (SF)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff
recommends motion to receive and file: executed Independent Contractor Agreement received
during the month of April:
Caroline Ann
Karolinko, US Synchronized Swimming Coach, Aqua Crest Pool, for the period
April 18, 2012, through April 17, 2013.
Summary: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a Receive and File Agenda Item.
This Independent Contractor Agreement has been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409 and 2012-0168, and is now being submitted to the Board to
receive and file. District 7 (AH)
2. Staff
recommends motion to approve: Second Amendment to Agreement with Acme Improvement District and Boys
and Girls Clubs of Palm Beach County, Inc., in an amount not-to-exceed $600,000
for the funding of the Wellington Boys and Girls Club facility construction
costs to extend the project completion date from October 20, 2012, to October
20, 2013. Summary: This
Second Amendment to Agreement, R2008-1922, as amended by R2010-1909, provides an
additional twelve-month extension of the Project completion date from October
20, 2012, to October 20, 2013. The
Amendment also includes project completion milestones in accordance with the
extended project completion date. All
other terms of the Agreement, including the funding amount of $600,000, remain
the same. Funding is from the 2002 $50
Million Recreation and Cultural Facilities Bond. District 6 (PK)
3. Staff
recommends motion to approve: Budget Transfer of
$50,000 within the Park Improvement Fund from the Florida Boating Improvement
Program reserve to Phil Foster Boat Dock Walkway Improvements. Summary: This Budget Transfer will
provide the funding necessary to provide maintenance/improvements to the north
side boat dock walkway access at Phil Foster Park. Funding is from the Park Improvement Fund
Florida Boating Improvement Program reserve.
District 1 (AH)
4. Staff
recommends motion to receive and file: letters from the City of Boca Raton, the Boca
Raton Community Redevelopment Agency (CRA) and the Centre for the Arts at
Mizner Park, Inc. now d/b/a the Schmidt Family Centre for the Arts (Centre), advising
of the transfer of ownership and management of the Mizner Park Amphitheater to
the City of Boca Raton and acceptance of the obligations of Agreement
R2001-0779 by the City of Boca Raton. Summary: The
Mizner Park Amphitheater (project) was partially funded in the amount of
$2,000,000 from the 1999 $25 Million Recreation and Cultural Facilities
Bond. A tri-party funding agreement
(R2001-0779) with the CRA and the Centre provided for construction and
long-term management of the project. The
ownership and management of the amphitheater has now been transferred from the
CRA and the Centre to the City of Boca Raton.
The City has accepted the ownership and management obligations for the
project in accordance with the terms of the Agreement. Transfer of ownership
and management of the project to a governmental entity is permissible under
Section 4.05 of the Agreement. District 4 (PK)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff
recommends motion to:
A) approve a Literacy Coalition of Palm Beach County
AmeriCorps Site Application for the County Library’s participation in a
Literacy AmeriCorps PBC Project for the
period August 13, 2012, through July 12, 2013; and
B) authorize the County Administrator or his designee to
execute any other necessary forms and certifications.
Summary: This
site application, if approved, will provide the County Library with one (1)
full-time AmeriCorps member for one (1) year.
This member will contribute 32 hours per week offering conversational
English programs and overseeing the computer learning lab. The Library will pay a service fee of $5,620
to the Coalition and business-related mileage to the member up to $2,750. Literacy
AmeriCorps, with supplemental funds from the Coalition, will cover all other
expenses including Workers’ Compensation, liability, and health coverage. Funds will be provided through the Library’s
FY 2012 and FY 2013 operating budgets and will have minimal fiscal impact. Countywide (AH)
P. COOPERATIVE EXTENSION SERVICE
1. Staff
recommends motion to:
A) approve an Agricultural Land Management Interlocal
Agreement with the Palm Beach Soil and Water Conservation District (PBSWCD) for
a period of three (3) years which continues their management of County property
within the Ag Reserve that has been purchased by Palm Beach County and leased
out for agricultural uses, for a fee of $53,994 per year to be paid from funds
generated by the lease program; and
B) authorize the County Administrator or his designee to
execute amendments to the Agricultural Land Management Interlocal Agreement
which would give the PBSWCD the ability to manage up to 750 acres of the Mecca
Property pursuant to the Agricultural Land Management Interlocal Agreement.
SUMMARY: PBSWCD will
manage agricultural lands under the Agricultural Land Management Interlocal
Agreement (“Agreement”) purchased by the County with funds from the March 1999
Conservation Lands Bond Referendum.
Management fees will be paid by agricultural leased properties owned by
Palm Beach County during the period of this Agreement. This Agreement is for a three-year period
beginning July 1, 2012 for an annual fee of $53,994. The Agreement also provides the County with
an option to have the PBSWCD manage the Mecca Property up to 750 acres for an
additional $15,000 if the Board approves a farming lease for that property,
which will be presented to the Board of County Commissioners at a later date. Districts
1, 3 & 5 (AH)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff
recommends motion to:
A) ratify
the signature of the Chair on the approval of the Second Chance Act Grant
Application to the Department of Justice (DOJ) for $750,000 from October 1,
2012, to September 30, 2013 to facilitate the reduction of recidivism in Palm
Beach County; and
B) authorize the County Administrator
or his designee to execute electronically all related documents for Palm Beach
County’s FY 2012 Second Chance Act Grant and to execute all necessary forms and
documents as required by the U.S. Department of Justice, Bureau of Justice
Assistance.
SUMMARY: Palm Beach County accepted a grant award of
$750,000 (Resolution Number R2010-1590) from the Department of Justice in 2010 to
facilitate the successful reintegration of ex-offenders as they return to Palm
Beach County. This application, if
funded, will allow for a second year of continuation funding for the Regional
and State Transitional Offender Reentry (RESTORE) Initiative. Ex-offenders are provided with pre- and post-release
services to assist in their transition back into the community. The Grant requires a non-federal
in-kind match of $750,000 (50%). This match has been identified through
existing Criminal Justice Commission resources ($113,287) and partnering
Reentry Service Providers ($636,713). Countywide
(PGE)
AA. PALM TRAN
1. Staff
recommends motion to approve:
A) acceptance of the designation of Palm Beach
County Board of County Commissioners (BCC) as the Community Transportation
Coordinator (CTC) for Palm Beach County, Florida, as defined in Chapter 427,
Florida Statutes; and
B) Memorandum of Agreement (MOA) with the State
of Florida Commission for the Transportation Disadvantaged (CTD) to serve as
the designated CTC for the period of July 1, 2012, through June 30, 2017.
Summary: Since 1999, the BCC has been the designated CTC for Palm Beach
County. It has fulfilled the
responsibilities as required to coordinate transportation-disadvantaged
services in the most cost effective and efficient manner. Palm Tran CONNECTION has assumed
responsibilities for the implementation, scheduling, and monitoring of the
para-transit transportation of seniors, individuals with disabilities, and the
transportation disadvantaged. In light
of these efforts, the Metropolitan Planning Organization Board recommended to
the CTD, that the BCC continue as the designated CTC. The CTD approved the designation on April 12,
2012, subject to acceptance by the Transportation Disadvantaged Local
Coordinating Board on April 18, 2012, at which time this Board approved the
designation. The proposed designation will be effective July 1, 2012, through
June 30, 2017. Countywide (DR)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff
recommends motion to receive and file: Grant Modification amending the FY ‘09 State Homeland Security grant to
extend the grant period April 30, 2012, through July 31, 2012. SUMMARY: On October 30, 2009, the Palm Beach County Sheriff’s Office received an
award from the State of Florida, Division of Emergency Management; the original period for this award was October 1,
2009, through April 30, 2012 (R2010-0727). This agenda item will extend the
award period from April 30, 2012, through July 31, 2012. 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 (PGE)
2. Staff
recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, an Agreement with Workforce Alliance, Inc., in the amount of
$176,961, for the Palm Beach County Sheriff’s Office Reentry Job Placement
Program, for the period of April 1, 2012, through March 31, 2013; and
B) approve a Budget Amendment
of $176,961 in the Sheriff’s Grant Fund.
SUMMARY: The Workforce
Alliance, Inc. received an award from the U.S. Department of Labor for the
Targeted Populations to Enter Unsubsidized Employment Project. On February 28, 2012, the Palm Beach County
Sheriff’s Office (PBSO) and the Workforce
Alliance, Inc. entered into an agreement to implement the Palm Beach
County Sheriff’s Office Reentry Job Placement Program (REJPP). The objective of the REJPP is to provide
services to 50 Workforce Investment Act of 1988 eligible participants from the
targeted population of inmates who are eligible for the PBSO Work Release
Program. The program will allow inmates
to be trained and enrolled into community-based employment prior to their
release from jail. The funds will be used for expenses associated with the
implementation of the Palm Beach County Sheriff’s Office REJPP. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(PGE)
CC. TOURIST DEVELOPMENT COUNCIL
1. Staff
recommends motion to approve:
A) First Amendment to
the Amended and Restated Agreement (R2011-1434) with the Palm Beach County Film
and Television Commission, Inc. (“PBCFTC”) for the provision of services under
Palm Beach County’s (PBC) Tourist Development Plan during the period of October
1, 2011, through September 30, 2012; deleting the requirement that the Tourist
Development Council (TDC) Director be an ex-officio member of the PBCFTC; and
B) adding the
requirement that the TDC's Executive
Director shall be notified of all meetings of the Board of Directors, and the executive
committee as well as all committees and subcommittees of the PBCFTC whose functions are in any way related to the expenditure of County or Tourist Development Tax funds. The TDC’s
Executive Director shall be provided notice of meetings and an opportunity to
be heard at the meetings. Notice of the meetings shall be provided to the TDC’s
Executive Director no later than five (5) days before the meeting is to occur.
SUMMARY: This Amendment
to the Amended and Restated Agreement
removes reference that the TDC Executive Director serves as ex-officio member
of the PBCFTC committees and sub-committees, but
requires notification of all meetings and an opportunity to be heard.
(TDC) Countywide (DW)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL (Cont’d)
2. Staff
recommends motion to approve:
A) Amendment to the
Amended and Restated Agreement (R2011-1435) with Palm Beach County Sports
Commission, Inc. (the “PBCSC”) for the provision of services under Palm Beach
County’s (PBC) Tourist Development Plan during the period of October 1, 2011,
through September 30, 2012; deleting the requirement that the Tourist
Development Council (TDC) Executive Director be an ex-officio member of the
Sports Commission;
B) adding the requirement
that the TDC's Executive Director
shall be notified of all meetings of
the Board of Directors, and the executive committee as well as all committees and subcommittees of the Sports Commission whose functions are in any way related to the expenditure of County or Tourist Development Tax funds. The TDC’s
Executive Director shall be provided notice of meetings and an opportunity to
be heard at the meetings. Notice of the meetings shall be provided to the TDC’s
Executive Director no later than five (5) days before the meeting is to occur;
C) that the Board of County Commissioners (BCC)
appointees of the Sports Commission shall comply with the provisions of the
Palm Beach County Code of Ethics, Sections 2-441 through 2-448 (as amended from
time to time) of the County Code;
D) the Sports Commission may offer its
employees a simplified employee pension plan. Contributions to such plan shall
not exceed seven (7%) percent of the employees’ actual salaries; and
E) amending Exhibit A – FY 2012 budget in the
amount of $100,000.
SUMMARY: This Amendment
to the Amended and Restated Agreement
removes the reference that the TDC Executive Director serves as ex-officio
member of the Sports Commission’s committees and sub-committees, but requires
notification of all meetings and an opportunity to be heard and revises
language to the Palm Beach County Code of Ethics by adding the BCC appointees
into the body of the agreement. The Sports Commission may offer its
employees a simplified employee pension plan. Contributions to such plan shall
not exceed seven (7%) percent of the employees’ actual salaries. This provision reduces the current employer
contribution from 10% to 7% in conformity with the other TDC agencies and
amends Exhibit A in the amount of $100,000 for sports related grants. (TDC) Countywide
(DW)
JUNE 5, 2012
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL (Cont’d)
3. Staff
recommends motion to approve:
A) First Amendment to
the Amended and Restated Agreement (R2011-1432) with the Palm Beach County
Cultural Council, Inc. (“Cultural Council”) for the provision of services under
Palm Beach County’s (PBC) Tourist Development Plan during the period of October
1, 2011, through September 30, 2012; deleting the requirement that the TDC
Executive Director be an ex-officio member of the Cultural Council;
B) adding the
requirement that the TDC's Executive
Director shall be notified of all meetings of the Board of Directors, and the executive
committee as well as all committees and subcommittees of the Cultural Council whose functions are in any way related to the expenditure of County or Tourist Development Tax funds. The TDC’s
Executive Director shall be provided notice of meetings and an opportunity to
be heard at the meetings. Notice of the
meetings shall be provided to the TDC’s Executive Director no later than five
(5) days before the meeting is to occur; and
C) amending Exhibit A – FY 2012 budget in the amount of $232,765.
SUMMARY: This Amendment to the Amended and Restated Agreement removes the
reference that the TDC Executive Director serves as ex-officio member of the
Cultural Council’s committees and sub-committees, but requires notification of
all meetings and an opportunity to be heard and amends Exhibit A in the amount of $232,765 for
marketing/advertising, funding Cat B grantee and staffing the new visitor
center. (TDC) Countywide (DW)
* * * * * * * * * * * *
JUNE 5, 2012
4. PUBLIC HEARINGS – 9:30 A.M.
CONTINUED FROM MAY 15, 2012
A. Staff
recommends motion to adopt: a
Resolution abandoning any public interest in that certain portion of the 30
foot right-of-way for Persimmon Avenue as shown on the plat of Delray Lakes
Estates, as recorded in Plat Book 41, Pages 200-201, Public Records of Palm
Beach County (County), Florida and a portion of the 30 foot right-of-way
easement as shown within the westerly 15 feet of Tract 8 and the easterly 15
feet of Tract 9, Palm Beach Farms Company Plat No. 1, as recorded in Plat Book
2, Pages 26-28, of said County records, reserving one (1) utility easement over
the entire area to be abandoned and executing two (2) utility easements over a
portion of the area to be abandoned. SUMMARY: Adoption of this
Resolution will allow the County to vacate its interest in that certain portion
of Persimmon Avenue to allow the subdivisions to the south, Delray Lakes
Estates and Balmoral, to privatize and gate their communities. The petition
site is located on the south side of Atlantic Avenue and is 0.8 miles west of
Florida’s Turnpike. District 5 (MRE)
CONTINUED
FROM MAY 15, 2012
B. Staff
recommends motion to:
1) approve authorization for the Chair
to execute the Deed to convey that certain portion of Persimmon Avenue and all
of Sawpine Road, Tall Oak Avenue, Sweetgum Avenue, Sweetgum Street and Sourgum
Street, all within Delray Lakes Estates, recorded in Plat Book 41, Pages
200-201, to the homeowners’ association pursuant to F.S. 336.125(2); and
2) adopt a Resolution abandoning these
roads and rights-of-way within the plat of Delray Lakes Estates, recorded in
Plat Book 41, Pages 200-201.
SUMMARY:
Approval of this authorization will allow the roads to be conveyed to
Delray Lakes Estates Homeowners Association, Inc. Adoption of this
Resolution will allow the petitioners to privatize and gate their
communities. The petition site is located on the south side of Atlantic
Avenue and is 0.8 miles west of Florida’s Turnpike. District 5 (MRE)
* * * * * * * * * * * *
JUNE 5, 2012
5. REGULAR AGENDA
A. ADMINISTRATION
1. Staff
requests Board direction: for a budget request on the Lake Worth Inlet
Sand Transfer Plant (LWISTP) for the Town of Palm Beach. SUMMARY: The
Town of Palm Beach requests that the County continue to fund the operation and
maintenance of the LWISTP at a cost of approximately $255,000 per year. Two possible funding sources are the general
fund or a re-allocation of the tourism tax beach dollars. One partial source for re-allocation is
$72,000 currently reserved for the 2013 Palm Beach Midtown Beach Project. There
are insufficient tourism tax beach dollars for all anticipated beach-related
projects. The Town has not advised us of any proposed enhancement to
public beach access which was a Board request for last year’s funding approval.
District
1
(SF)
2. Staff
recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County,
Florida approving the Workforce Alliance, Inc. Fiscal Year 2012-2013 Budget in
the amount of $21,718,968 for its programs under public law 105-220 enacted by
Congress effective August 1998 which act is known as the Workforce Investment
Act. Summary: The Board of County Commissioners (BCC) of Palm Beach County has
designated Workforce Alliance as the Workforce Development Board to design,
coordinate, and direct the local workforce development system for Palm Beach
County. Workforce Alliance (WA) receives federal funding through the State
Department of Economic Opportunity (DEO).
Funds are received by the DEO from the U.S. Department of Labor and U.S.
Department of Health & Human Services.
These are formula funds which are based on the Federal budget and the
local population statistics. This year
the Florida Legislature passed House Bill 7023, also known as the Workforce
Accountability Act. This Bill, which strengthens the accountability and
transparency of regional workforce boards, requires the BCC to approve the WA
budget by June of each year. The Fiscal
Year 2012-2013 Budget in the amount of $21,718,968 includes anticipated
revenues from the U.S. Department of Labor of $18,444,339 of which $17,118,718
is from the Workforce Investment Act, $2,995,439 from U.S. Department of Health
and Human for Temporary Assistance for Needy Families, and $279,190 from a
grant with the U.S. Department of Education.
Countywide (TKF)
3. 2012 County Hurricane
Preparedness Presentation by the Public Safety Department.
JUNE 5, 2012
5. REGULAR
AGENDA
B. PUBLIC SAFETY
1. Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County Florida, amending Resolution No R95-625,
which will permit the use of any excess fees collected and allocated from
the first $1 of the sterilized tag fee revenue and the first $5 of
non-sterilized tag fee revenues for the Mobile Spay/Neuter Program be used to
support the other cost of the Animal Care and Control’s operating budget. SUMMARY: In May 1995, the Board
of County Commissioners adopted Resolution R95-625, which established a
Mobile/Spay Neuter Program for dogs and cats and also created a dedicated
funding source comprised of $1 from all sterilized tags and $5 from all
non-sterilized tags sold to support the operation of this program. The
intent of this Resolution was to use the revenue generated from these fees to
entirely fund the spay/neuter program and not use any ad valorem tax
dollars to support this program. However, due to increase tag fee sales, a
surplus of approximately $250,000 has been generated over the past several
years. Staff will continue to allocate the first $1 and $5 of tag fees to
support the entire cost of the Mobile Spay/Neuter Program; however, staff is
requesting approval to allocate these surplus tag fees and future excess tag
fees to support the other cost of the Animal Care and Control operating budget.
By utilizing these surplus funds, staff will be able to reduce the ad
valorem funding support by $250,000 for next fiscal year. Countywide
(SF)
C. ECONOMIC SUSTAINABILITY
1. Staff
recommends motion to approve: Amendment No. 002 to an Agreement (R2011-1030) with Community Land
Trust of Palm Beach County, Inc. (CLT) to increase the grant amount from
$2,092,075 to $2,465,395 and to extend the expenditure deadline date from
November 15, 2012, to January 31, 2013. SUMMARY: On April 5, 2011, the Board of County
Commissioners (Board) approved $2,092,075 in Neighborhood Stabilization Program
2 (NSP2) funding for the CLT, pursuant to which the County entered into an
Agreement with the CLT on May 5, 2011 (R2011-1030), as amended on December 20,
2011, by Amendment No. 001 (R2012-0135), for
the acquisition and rehabilitation of properties. To date, the CLT has
acquired 13 homes and has completed rehabilitation of three (3) of these
homes. Recent building code changes
affecting the rehabilitation of the remaining ten (10) homes are anticipated to
increase construction costs associated with properties thereby necessitating
the additional funding. The time extension for the expenditure
deadline provides the CLT as much time as possible to expend funds within the
grant parameters for NSP2. The project
approach is being modified to provide the CLT additional flexibility for the
procurement of contractors. This project
has very strict timelines in order to meet NSP2 expenditure deadlines. This
funding is projected to create one-half (1/2) job and have a five (5) year
Economic Sustainability Impact of $296,000.
These are Federal NSP2 funds which require no local match. (DES Contract Development) Districts 2 & 3 (TKF)
JUNE 5, 2012
5. REGULAR
AGENDA
C. ECONOMIC SUSTAINABILITY (Cont’d)
2. Staff
recommends motion to:
A) conceptually approve a Neighborhood Stabilization Program 2
(NSP2) funding award in the amount of $3,673,027 and a HOME Investment
Partnerships (HOME) Program award in the amount of $1,863,791 to HTG of Palm
Beach II, LLC;
B) direct staff to negotiate the Loan Agreement with
HTG of Palm Beach II, LLC;
C) authorize staff to negotiate with the second ranked respondent, Community Land
Trust of Palm Beach County, Inc. (CLT), should negotiations fail with HTG of
Palm Beach II, LLC; and
D) approve the delegation of authority to the County
Administrator, or his designee, to execute the Loan Agreement and other
documents necessary for implementation of the NSP2/HOME award.
SUMMARY: On March 21, 2012, the Department of Economic
Sustainability (DES) issued a Request for Proposals (RFP) for the County’s NSP2
and HOME Programs making $5,536,818 available from these programs. Six (6) proposals were received, of which
three (3) were deemed responsive, thereby qualifying them for consideration by
the Selection Committee (Committee). Notice of the results of the
responsiveness review was provided directly to all respondents. The Committee, which met at a public meeting
on May 3, 2012, consisted of seven (7) voting members and non-voting legal
counsel. The Committee ranked the
proposals based on the criteria established in the RFP, and recommended award
to HTG of Palm Beach II, LLC, in the amount of $5,536,818 for the construction
of 63 new affordable townhomes known as Pine Run Apartments located at 5212
Sunset Trail, in unincorporated Palm Beach County. This is a $13 Million project of which the
County will contribute a total of $5,536,818 through these federal funds. The
second ranked respondent was the CLT.
The CLT requested $5,536,818 for the construction of Davis Landings
West, consisting of 12 rental homes and eight (8) townhomes, to be located at
4938 Davis Road in unincorporated Palm Beach County. RFP criteria required that the property be
rented to households whose income are below 120% AMI; that all funds be
provided in the form of a cash flow dependent loan (2% APR); and that the
property be located in the Urban Redevelopment Area or the Glades Region Target
Area. These are Federal NSP2 grant funds which require no local match, and
Federal HOME funds which require a 100% local match being provided by State
Housing Initiative Partnership funds. (DES Administration) District 2
(TKF)
JUNE 5, 2012
5. REGULAR
AGENDA
C. ECONOMIC SUSTAINABILITY (Cont’d)
3. Staff
recommends motion to approve:
A) a Job Growth Incentive (JGI) Grant Agreement with Digital Risk, LLC in
the amount of $75,000 as a portion of the required local match for a State
Quick Action Closing Fund (QACF);
B) a Budget Transfer of $75,000 from the General Fund Contingency Reserves
to the Department of Economic Sustainability JGI Program; and
C) a Budget Amendment of $75,000 to the Economic Development Fund to
recognize and appropriate the transfer of funds from the General Fund
Contingency Reserves.
Summary: On January 24, 2012, the Board
of County Commissioners conceptually approved (R2012-0207) a JGI Grant in the
amount of $75,000 to Digital Risk, LLC
(DRLLC). This grant amount is one-half
of the local match required by the State to enable the company to receive a
$750,000 tax refund under QACF. The
other one-half of the local match will come from the City of Boca Raton. The Agreement requires DRLLC to create
150 jobs by December 31, 2014, with an average wage of $48,048, excluding
benefits. Palm Beach County’s economic
development incentive will be payable over a period of four (4) years. This
funding is projected to have five (5) year Economic Sustainability Impact of
$130 Million. Funding will come from General Fund Contingency Reserves. (DES Contract Development) District
4 (DW)
JUNE 5, 2012
5. REGULAR
AGENDA
C. ECONOMIC SUSTAINABILITY (Cont’d)
4. Staff
recommends motion to conceptually approve: the funding recommendations for FY 2012-2013 Community Development Block
Grant (CDBG) public service activities to the following 13 public service
agencies:
A) Aid to Victims of Domestic Abuse, Inc. $18,406
B) Children’s Home Society of Florida, Inc. $16,990
C) Children’s Place at Home Safe, Inc. $12,750
D) Healthy Mothers/Healthy Babies Coalition of
Palm
Beach County, Inc. $ 6,668
E) Jesus and You Outreach Ministries, Inc. $ 8,495
F) Legal Aid Society of Palm Beach County,
Inc. $43,487
G) Place of Hope, Inc. $11,125
H) Redlands Christian Migrant Association,
Inc. $ 9,911
I) Seagull Industries for the Disabled, Inc. $22,249
J) Sickle Cell Foundation of Palm Beach
County, Inc. $12,743
K) The Coalition for Independent Living
Options, Inc. $16,384
L) The Urban League of Palm Beach County, Inc. $13,552
M) Vita Nova, Inc. $
9,506
SUMMARY: At its January 17, 2012 meeting, the Board of
County Commissioners (BCC) directed that 15% ($809,064) of its CDBG allocation
be utilized for eligible public services.
Of this amount, the BCC directed that 75% ($606,798) of the eligible
public service allocation be used to directly fund the Senator Philip D. Lewis
Center (formerly the Homeless Resource Center) and that the remaining 25%
($202,266) be awarded, via a competitive process, to non-profit agencies to
carry out public service activities. The Board prioritized special needs,
senior services and disabled, and recognized fair housing as a being a HUD
requirement.
On March 12, 2012, the Department of Economic
Sustainability (DES) issued a Request for Proposals (DES CDBG2012.1) which made
available $202,266 in CDBG funding to non-profit organizations to undertake
public service activities during the period October 1, 2012, to September 30,
2013. Sixteen (16) proposals were received of which 13 were deemed responsive.
Notice of the results of the responsiveness review was provided to all
respondents and posted to the public. At its May 21, 2012 meeting, the CDBG Public Service Selection Committee
recommended funding to the 13 public service agencies. DES staff has coordinated with Community
Services to ensure that there is no duplication of service activities under the
Financially Assisted Agencies Program. Once
conceptually approved, funding recommendations will be incorporated in the
County’s 2012-2013 Action Plan (the application for funding under the CDBG,
HOME and ESG Programs), and brought to the BCC for final approval at a public
hearing on July 10, 2012. These are Federal
CDBG Program funds which require no local match. (Strategic Planning) Countywide (TKF)
JUNE 5, 2012
5. REGULAR
AGENDA
D. WESTGATE/BELVEDERE HOMES COMMUNITY
REDEVELOPMENT AGENCY
1. Staff
recommends motion to approve: Amendment No. 002 to an Agreement (R2011-1031)
with Westgate/Belvedere Homes Community Redevelopment Agency (CRA) to
increase the grant amount from $1,132,750 to $2,441,578 and to extend the
expenditure deadline date from November 15, 2012, to January 31, 2013. SUMMARY: On April 5, 2011, the Board
of County Commissioners (Board) approved $1,132,750 in Neighborhood
Stabilization Program 2 (NSP2) funding for the CRA, pursuant to which the
County entered into an Agreement with the CRA on May 5, 2011 (R2011-1031), as amended on December 20, 2011, by
Amendment No. 001 (R2012-0136), for the acquisition and rehabilitation
of properties. To date, the CRA has
acquired 12 homes intended for rehabilitation.
The extent of work required by recent building code changes have
rendered the rehabilitation of six (6) of these homes infeasible thereby necessitating
additional funds for the CRA in order to demolish and reconstruct these
homes. In addition, these recent
building code changes are also anticipated to increase construction costs
associated with rehabilitation of the other six (6) homes thereby also
necessitating additional funding. The time extension for the expenditure
deadline provides the CRA as much time as possible to expend funds within the
grant parameters for NSP2. The project
approach is being modified to provide the CRA additional flexibility for the
procurement of contractors, to add the demolition and reconstruction of homes
as an option under the Agreement, and to update certain exhibits previously
included in the Agreement. This project
has very strict timelines in order to meet NSP2 expenditure deadlines. This funding is projected to create two (2)
jobs and have a five (5) year Economic Sustainability Impact of $1,080,000. These are Federal NSP2 funds which require no local match. (DES Contract Development) District 7
(TKF) (DES)
E. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff
recommends motion to approve:
A) a Civic Site Dedication Agreement with
Boynton Beach Associates XXIV, LLLP;
B) a Memorandum of Agreement between the County
and Boynton Beach Associates XXIV, LLLP; and
C) a Termination of Memorandum of Agreement.
SUMMARY: Pursuant
to this Agreement, G.L. Homes of Florida (“GL Homes”) d/b/a Boynton Beach
Associates XXIV, LLLP, will convey to the County 19.64 acres of property within
the Hyder PUD located on the west side of Lyon’s Road between Atlantic Avenue
and Clint Moore Road. This conveyance
will establish a “civic site land bank” which will be used to offset civic
dedication requirements of current and future GL Homes’ development orders.
This land bank will provide the County an assemblage of property for future
government services in the western Delray Beach area. The Memorandum of Agreement will be recorded
to provide public notice of the existence of the County’s rights under this
Agreement. The Termination of Memorandum will be held by the County and
provided to GL Homes upon conveyance of the civic site land bank to the County.
This Agreement must be approved by a
supermajority vote (5 Commissioners). (PREM) District 5 (HJF)
JUNE 5, 2012
5. REGULAR
AGENDA
E. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff
recommends motion to:
A) approve a Fourth Amendment to the Lease between
Palm Beach County, the South Florida Water Management District (SFWMD) and Pero
Family Farms, LLC (Pero); and
B) adopt
a Resolution finding that the extension of the term of the Lease until May 31,
2013, at an annual rent of $294,517.32 is in the best interests of the County.
SUMMARY: The County (39.4%) and SFWMD (60.6%) jointly
own the 570 acre McMurrain property in the Ag Reserve. Pursuant to a Lease managed by the SFWMD,
Pero Family Farms, LLC has farmed the property pre dating the County’s
acquisition of the property in 2000. The
term of the Lease was scheduled to expire on May 31, 2012, and there were no
extension options. SFWMD approved this Fourth Amendment on May 10. This Fourth Amendment extends the term for
one (1) year from June 1, 2012, until May 31, 2013. SFWMD obtained a current appraisal of the
fair market rental rates for farmable ag land in the Ag Reserve. The appraisal indicates that current fair
market rental values are $600/farmable acre. There are 491 farmable acres
within the property. Using the fair
market rental rate, the total rent for the extension period is $294,517.32/yr
of which the County will receive $116,039.82/yr. Overall this is a reduction in total rent of
$17,328.58, equating to a reduction in County revenues of $6,824. (PREM)
District 5/Countywide (HJF)
F. ENGINEERING & PUBLIC WORKS
1. Staff
recommends motion to approve on preliminary reading and advertise for public
hearing on Tuesday, June 19, 2012 at 9:30 a.m.: an Ordinance amending
Ordinance No. 85-40, as amended, establishing an amended Five Year Road
Program; providing for title; purpose; adoption of revised Five Year Road
Program and revised list of projects contained in Exhibit “A”; implementation
of the Program; modification of Program; funding of other roadway improvements,
interpretation of exhibit; repeal of laws in conflict; severability; inclusion
in the Code of Laws and Ordinances; and effective date. SUMMARY: A Mid Year Modification of the Palm Beach
County Five Year Road Program is contemplated in the Traffic Performance
Standards and allows the Board of County Commissioners, through the adoption of
an ordinance, to delete projects from the Program two times a year.
Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5)
years and contains certain changes and modifications. This list is submitted
for the Board of County Commissioners’ consideration on preliminary reading
today, with the final list to be approved with the Ordinance at public hearing
on Tuesday, June 19, 2012. Countywide (MRE)
JUNE 5, 2012
5. REGULAR
AGENDA
G. INTERNAL AUDITOR
1. Staff
recommends motion to approve on preliminary reading and advertise for a Public
Hearing on June 19, 2012 at 9:30 a.m.: an Ordinance of the Board of
County Commissioners of Palm Beach County, Florida, amending Ordinance
2010-006; providing for title; providing for the establishment, purpose,
authority, composition, meetings and responsibilities of the Palm Beach County
Internal Audit Committee; providing for repeal of laws in conflict; providing
for severability; providing for inclusion in the code of laws and ordinances;
and providing for an effective date. SUMMARY: The Audit
Committee has been conducting a review of its duties and responsibilities as
established in Ordinance 2010-006, known as the Palm Beach County Internal
Audit Committee Charter Ordinance, and has identified several revisions they
believe are necessary. The revisions are
recommended to reflect the Committee’s advisory role relative to the Board of
County Commissioners and the County Internal Auditor, and to clarify that the
Committee has oversight authority for actions the County Internal Auditor is
responsible for taking. Countywide (PFK)
2. Staff
recommends motion to approve on preliminary reading and advertise for a Public
Hearing on June 19, 2012 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Ordinance 2010-007; providing for title; providing for
general matters, duties, responsibilities and independence of the County
Internal Auditor; providing for repeal
of laws in conflict; providing for severability; providing for inclusion in the
code of laws and ordinances; and providing for an effective date. SUMMARY: The Audit
Committee has been conducting a review of the duties and responsibilities of
the County Internal Auditor as established in Ordinance 2010-007, known as the
Palm Beach County Internal Auditor Ordinance, and has identified several
revisions they believe are necessary. The
revisions are recommended to reflect the Committee’s approval role for the
annual audit plan, to revise the process relative to audits requested by a BCC
member, to establish a formal recommendation follow up and reporting program,
to establish a process for review and approval of the annual budget for the
Office of the County Internal Auditor, and to revise the distribution process
for audit reports. The revisions also
clarify the expected relationship between the County Internal Auditor and the
Palm Beach County Inspector General. In
addition, the Board of County Commissioners at its April 24, 2012 workshop
directed inclusion of solicitation of input from county officials in the
development of the annual audit plan as part of the ordinance. Countywide
(PFK)
H. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff
requests Board direction to either:
A) continue to implement the Wellfield Protection
Program for only those utilities electing to participate in the cost share
program; or
B) restore the original Countywide Program with a net
ad valorem impact of $355,379 and eliminate the cost share program. Should the board decide to restore the
original Countywide Program, it is requested that the direction include
approval to reinstate one Environmentalist position previously eliminated from
the program.
SUMMARY: During the March 27, 2012 Board
of County Commissioners Workshop, the Board directed staff to return in 60 days
to allow time for discussions to take place with municipal officials and
utility directors before the Board provides direction regarding the Wellfield
Protection Program. Staff is currently
talking with utility directors to determine their intended course of action if
the current cost share program remains in place. That information will be
updated in the Board presentation. Countywide (LB)
JUNE 5, 2012
5. REGULAR
AGENDA
I. PLANNING, ZONING & BUILDING
1. Staff
requests Board direction: Recycling Drop-Off Bins (aka Donation Boxes/Stations). SUMMARY: This Agenda Item was requested by the Board
of County Commissioners (BCC) to allow
for input by interested persons regarding the regulation of portable unattended
Recycling Drop-Off Bins (commonly known as Donation Boxes/Stations). In a letter dated February 15, 2012, and as
discussed at the March 6, 2012 BCC Public Hearing and April 26, BCC Zoning Hearing,
Gulfstream Goodwill is requesting that the BCC consider adopting regulations
that would prohibit unattended donation boxes/stations. The current Palm Beach County Unified Land Development Code has
provisions for two (2) types of unattended recycling drop-off bins which are
defined below and the standards are found in Attachment 3 of the Agenda Item:
Recycling Drop-Off Bin- A totally enclosed mobile structure,
containing no more than four cubic yards, within which pre-sorted,
non-biodegradable recovered materials are collected for redistribution or sale for the purpose of reuse, subject to Development
Review Officer (DRO) approval. If there
is no DRO certified site plan on file with the Zoning Division, a Special
Permit shall be required.
Recycling Collection Station- A totally enclosed structure or mobile
container, containing more than four cubic yards, within which pre-sorted,
recyclable and recovered materials are collected for redistribution or sale for
the purpose of reuse, subject to Administrative Amendment approval. If no DRO site
plan then Special Permit required.
The discussion will focus on enforcement and possible Code amendments.
Staff request direction on the following options:
1) Enforce
Code as currently adopted with minor amendments to provide clarification by
including additional language, such as: types of goods that may be collected in a Recycling Drop-Off bin or Recycling
Collection Station (donation boxes/stations) to also include shoes and clothes;
2) Limit donation boxes or stations to manned versus
unmanned stations;
3) Require labeling of boxes to reflect the name of
the collection organization, to include if for profit or not-for-profit; and
4) Eliminate the use of Donation Drop-Off or
Stations. Unincorporated (RPB)
JUNE 5, 2012
5. REGULAR
AGENDA
J. WATER UTILITIES
1. Staff
recommends motion to approve: a Contract with Inland Waters Pollution
Control, Inc. (IWPC) for the Wastewater
Infrastructure Collection Project - City of Belle Glade in an amount of $1,892,948. SUMMARY: On February 15, 2012, four (4)
bids were received for the Wastewater Infrastructure Collection Project – City
of Belle Glade. IWPC was the lowest responsive, responsible bidder in the
amount of $1,892,948. The second low bid was received by the Hinterland Group,
Inc. in the amount of $1,918,320 which is less than 1% above the first low
bid. Due to the fact that this project
is being funded through EDA, the County may not apply our Local Preference
Ordinance in this case. Hinterland is a Palm Beach County business. Hinterland filed a bid protest for several
reasons. In accordance with the County Purchasing Ordinance, the protest was
heard by a Special Master. The Protest
Hearing occurred on April 26, 2012, with the Special Master recommending the
bid protest be denied. The project is
funded through a U.S. Department of Commerce Economic Development
Administration (EDA) grant. On August 18, 2009, (R2009-1345) the Board of
County Commissioners approved a Special Agreement with GUA for Operations,
Maintenance and Management of the GUA Utility system. The Water Utilities Department will
administer this project under the terms of that Agreement. The project is
subject to a 22.4% minority participation best efforts goal and a 6.9% female
participation best efforts goal for trades, which percentages were calculated
based on Federal criteria. Due to the
fact that the project is federally funded, the County SBE goals are not
applicable. This contract with IWPC has
zero minority participation and 64.1% SBE participation. Staff is recommending
approval based on the fact that IWPC was responsive and the protest denial
recommendation by the Special Master. IWPC is a Detroit, Michigan based
company. These are federal EDA funds
requiring no local match. (WUD Project No. 10-062) District 6
(JM)
* * * * * * * * * * * *
JUNE 5, 2012
6. BOARD APPOINTMENTS
A. ENVIRONMENTAL RESOURCES MANAGEMENT
(Artificial Reef and
Estuarine Enhancement Committee)
1. Staff
recommends motion to approve:
two (2) re-appointments of at-large members to the Artificial Reef and
Estuarine Enhancement Committee (AREEC).
Seats 9 and 11 are for a term of three (3) years beginning June 5, 2012,
through June 4, 2015:
Nominees Seat No. Representing Term Nominated By
Re-appoint
Gregory Reynolds
9 Environmental Organization 3 yrs Comm.
Vana
Comm. Marcus
Comm.
Burdick
Tom Warnke 11
General Member 3 yrs Comm. Vana
Comm.
Marcus
Comm.
Burdick
Comm.
Abrams
SUMMARY: Resolution
No. R08-1511 provides for an eleven-member AREEC. The membership consists of one (1) representative of the County Commission, one (1)
representative of commercial SCUBA diving, one (1) representative of
recreational SCUBA diving, one (1) representative of marine industry, one (1)
representative of recreational fishing, one (1) representative of fisheries,
one (1) representative of an environmental organization, two (2)
representatives from other government entity and two (2) general members. On April 19, 2012, the Board was advised that
two (2) seats were vacant and need to be filled. Countywide (HF)
B. PALM TRAN
(Palm Tran Service Board)
1. Staff recommends motion to approve: reappointment of
three (3) incumbent members
from the following categories to the Palm Tran Service Board:
|
Nominee
|
Category & Seat
Number
|
Term to Expire
|
Nominated By
|
|
Richard Herman
|
Senior Citizen, Seat No. 7
|
6/28/2014
|
Comm. Taylor
|
|
Terry Brown
|
Rep. with Transportation Experience, Seat No.
1
|
6/28/2014
|
Comm. Taylor
Comm. Abrams
|
|
John Wilson
|
Citizen at Large, Seat No. 11
|
6/28/2014
|
Comm. Taylor
|
Summary: The Palm Tran Service Board was established December 18, 2001
(R2001-2241), as amended April 2, 2002 (R2002-0485), and is currently comprised
of thirteen (13) at-large voting members from thirteen (13) categories
appointed by the Palm Beach County Board of County Commissioners. Members may serve two (2) year terms with no
limit on reappointments. The above
incumbents of Seats 1, 7 and 11 are members in good standing and have expressed
their desire to continue to serve subsequent terms. These nominees were
nominated as a result of a memo dated May 1, 2012 that was circulated to the
Board of County Commissioners along with Board Appointment Nomination Forms. Countywide
(DR)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 5, 2012
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JUNE 5, 2012
8. STAFF COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 5, 2012
9. COMMISSIONER COMMENTS
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
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
Request approval to present off-site, a Proclamation declaring June 27,
2012 as “National HIV Testing Day” in Palm Beach County.
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
7 (MRE) (Engineering)