March 12, 2013 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 12, 2013
PAGE ITEM
8 2C-5 REVISED
TITLE: Proclamation recognizing March 12, 2013 as the “25th
Anniversary of the Armory Art Center” in Palm Beach County. (Sponsored by
Commissioner Burdick)
14 3C-9 REVISED
SUMMARY: Staff recommends
motion to approve: contracts not to exceed the total value of $6,110,000
for task orders which may be issued for the Annual Asphalt Milling and
Resurfacing Contracts (Contract), Project No. 2013052, with the lowest
responsive, responsible bidder, Community Asphalt Corporation, (Community), and
the second lowest responsive, responsible, bidder, Ranger Construction Industries,
Inc., (Ranger). SUMMARY: Approval of these Contracts will provide
services for maintenance of Palm Beach County (County) roadways and other
facilities. The Contracts include
milling and disposal of existing asphalt pavement, maintenance of traffic, cleaning
of surfaces for finish applications, and furnishing, hauling, and placement of
specified asphalt courses. Both contractors are Community is a Miami-Dade
County Company, but they have a permanent place of business within Palm Beach
County. Ranger is a County businesses.
The Small Business Enterprise (SBE) goal for the project is 15%. The SBE participation committed for the
project is 15.32% overall by Community and 15.10% overall by Ranger. Countywide
(MRE) (Engineering)
29 3I-4 REVISED SUMMARY: Staff recommends motion to approve: an
Agreement with Pratt & Whitney, a division of United Technologies
Corporation, for an Ad Valorem Tax Exemption not to exceed $700,000 over a
seven year period and a Job Growth Incentive (JGI) Grant not to exceed $300,000
over a four year period. Summary: On October 16, 2012, the Board of County
Commissioners conceptually approved (R2012-1590) an Ad Valorem Tax Exemption
and the Job Growth Incentive totaling $1 million to Pratt & Whitney. The Agreement requires Pratt & Whitney to
make a minimum $63 million capital investment, create 230 new jobs over a ten
year period at an average annual salary of $81,110 and maintain the created
jobs for five years following the job creation period. Award of the Ad Valorem Tax Exemption is
contingent upon the determination that the project meets the requirements under
Florida Statute 196.012 for an Ad Valorem Tax Exemption. The Company has been
offered $3.4 million in State funding. This
funding is projected to have a five year economic impact of $225 million.
The budget transfer and amendment were conceptually approved on October 16,
2012 July 24, 2012. Funding will come from General Fund Contingency
Reserves. (DES)
32 3K-5 DELETED: Staff
recommends motion to approve: Consent
to Lake Discharge Agreements with the following:…(WUD)
(Further staff review)
38 3Q-1 REVISED TITLE: Staff recommends motion to receive and file: executed Agreements received during the months of
August and November, 2012: A) Memorandum
of Agreement with the Florida Department of Juvenile Justice for data sharing,
approved on August 28, 2012 (Countywide); B) Seventh Amended and Restated Interlocal Agreement with the
City of Belle Glade for the Youth Violence Prevention Project (YVPP), approved
on November 26, 2012, (District 6); and… (CJC)
40 3U-3 REVISED TITLE & SUMMARY: Staff recommends motion to: A)
approve Interlocal Agreements rescinding and
replacing existing Agreements, as amended for various ISS services with the
following organizations: Martin County (R2010-1725); City of
Delray Beach (R2010-1446 and R2008-1796); City of Boynton Beach (R2010-0110); City of Palm Beach Gardens
(R2008-1937 and R2011-1417); and the Town of Jupiter (R2008-1938). These
revisions remove non-applicable language pertaining
to the fee structure referenced in the original Agreements and adjust fees
applicable to the City of Palm Beach Gardens and Martin County; and B)
authorize the County Administrator or his designee, ISS Director, to
approve and execute Task Orders associated with these services up to maximum
total revenue of $50,000 per Task Order.
SUMMARY: The above referenced organizations
have existing network service agreements with Palm Beach County. These agreements were the subject of an
internal audit which determined the original agreements included an erroneous
clause stating network service fees would be adjusted annually based on the ISS
Cost Allocation Plan. This was some
holdover language from a predecessor agreement with the Palm Beach County
School District which was never intended to apply to the agreements with these four
five organizations. Accordingly,
this language has been removed from the revised agreements. The agreements have
also been revised to reference other changes as follows: additional network services to be provided
for the City of Delray Beach’s Digital Divide Project; expansion of network
services to include the Palm Beach Gardens Golf Facility which will increase
annual revenues to the County by $1,800; and a reduction of $7,200 in fees
charged to Martin County as the connectivity will now be used exclusively to
enable cooperative network services that benefit both Palm Beach and Martin
County emergency dispatch services. No changes in fees are proposed for
either Boynton Beach or Jupiter. All of the original services provided by ISS,
as identified in the Background and Justification section, will continue with
these new Agreements. Countywide (PFK) (ISS)
53 5A-2 DELETED: Staff recommends motion to approve: A) a Loan Agreement in the amount of $875,000
with NOAH Development Corporation (NOAH), a Florida not-for-profit corporation,
in connection with the Covenant Villas Project;…(DES) (Moved to March 26, 2013)
59 6A-1 REVISED TITLE: Staff
recommends motion to approve: appointment of one elected official to the
Health Care District of Palm Beach County (HCD) Board of Commissioners, Seat
No. 1, for a term commencing March 12, 2013, and ending September 30, 2017:
|
Appoint (One only) |
Position |
Nominated
By |
|
Susan M. Bucher |
Supervisor of Elections, Palm Beach County |
Comm. Burdick Comm. Vana |
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 12, 2013
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
3. CONSENT
AGENDA (Pages 9 - 47)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 48 -
51)
5. REGULAR
AGENDA (Pages 52 - 58)
6. BOARD
APPOINTMENTS (Page 59)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 60)
8. STAFF
COMMENTS (Page 61)
9. COMMISSIONER
COMMENTS (Page 62)
10. ADJOURNMENT (Page 62)
* * * * * * * * * * *
MARCH 12, 2013
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Women’s History Month
2C-2 Florida Bicycle Month
2C-3 Myeloma Awareness Month
2C-4 Kick Butts Day
2C-5 25th Anniversary of the Armory Art
Center
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Workforce
Alliance, Inc. Board of Directors appointments
3A-2 Declaration
of Unity of Control by property owners within the Briger PCD master Plan
3A-3 Interlocal
Agreement with Palm Beach MPO for staff and services
B. CLERK & COMPTROLLER
Page 10
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Finalization of water main, water services
and connection fees assessment rolls related to the 181st Street
North and 182nd Road North Water Main Improvement project
3C-2 Contract with Tree Cycle Land Clearing for
clearing/grubbing of Lyons Road
Page 12
3C-3 Fifth Amendment to Bridgetending Agreement w/Charles
Corbin (Point Chosen Swing Bridge)
3C-4 Contract with Rosso Site Development, Inc.
for Belvedere Road and Haverhill Road intersection improvements
3C-5 Resolution designating a parcel of County
land as right-of-way for roadway drainage
3C-6 Work Task Order with Arcadis U.S., Inc. for
design plans and construction bid documents related to Northlake Boulevard and
Military Trail intersection improvements
Page 13
3C-7 Resolution amending assessment
roll for the Cinquez Park area paving and drainage project
3C-8 Resolution recording
Specific Purpose Survey Maintenance Map for portion of Marguerita Dr.
Page 14
3C-9 Annual Asphalt Milling and Resurfacing
Contracts with two firms
3C-10 Change Order No. 4 with GLF Construction
Corporation for construction of Ocean Avenue Bridge over ICWW
3C-11 Resolution recording
Specific Purpose Survey Maintenance map for portion of 40th Terr. N.
D. COUNTY ATTORNEY
Page 14
3D-1 Official
transcript for closing Revenue Bonds for Pine Crest Preparatory School, Inc.
project
Page 15
3D-2 Settlement
Agreement with Timothy J. Pike vs. Palm Tran
E. COMMUNITY SERVICES
Page 15
3E-1 Amendment
with City of Pahokee relating to the Fresh Start/Wellness Opportunities
programs
3E-2 Resolution amending signature authority on
amendments and other documents related to Area Agency on Aging and Dept. of
Elder Affairs grant agreements/contracts
MARCH 12, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 16
3E-3 Memorandum of Agreement with Families First
of Palm Beach County to refer infants and toddlers to Palm Beach County Head Start
for eligible services
3E-4 Notice of Grant Award from Dept. of Health
& Human Services Administration for Children and Families for Head
Start/Early Head Start programs
3E-5 Amendment No. 1 with Area Agency on Aging relating
to Retired and Senior Volunteer Program
Page 17
3E-6 Early Head Start Contracted Services
Agreement with The School Board of Palm Beach County for services to Early Head
Start children and families
F. AIRPORTS
Page 17
3F-1 Design Concept for Visitors Welcome Sign at
PBIA
Page 18
3F-2 Receive and file two Amendment to Extend
Airline-Airport Use and Lease Agreements
3F-3 Off-Airport
Parking Lot Operator Ground Transportation Permit with West Palm Beach Hotel
3F-4 License Agreement with Jet Aviation
Associates for overflow parking at PBIA
3F-5 License Agreement with Sixt Rent A Car for overflow parking at PBIA
Page 19
3F-6 Notice of General Consulting Services
3F-7 Third
Amendment to Airport Ground Transportation Concession Agreement with
Southeastern Florida Transportation Group, LLC for on-demand ground
transportation services at PBIA
3F-8 Resolution amending aircraft apron fee rates
at PBIA
Page 20
3F-9 Resolution
establishing standard form lease agreements for lease of hangars and offices at
County-owned general aviation airports
3F-10 Agreement to Terminate Option Contract for
Ground Lease Agreement with AECOA
3F-11 Ninth Amendment to Airline Operating and Lease
Agreement with Air Canada
3F-12 Change Order No. 2 with The Marc J. Parent Company relating to
terminal floor improvements at PBIA
Page 21
3F-13 Lease Agreement with Bus One for warehouse space and paved parking
at 1146 Carmichael Road at PBIA
3F-14 Development Site Lease Agreement with West Palm Beach Plaza, LLC
for lease and development of travel plaza at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Resolution authorizing Fourth Amendment to
Loan Agreement with Wells Fargo Bank in connection with County’s line of credit
3G-2 Budget
Amendment relating to bonds for the unified communication systems project
3G-3 Recording the FY 2012 retirements of tangible personal
property
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 23
3H-1 Third
Amendment with Bethesda Hospital relating to County’s 800 MHz radio system
3H-2 Third Amendment with Palms West Hospital
Limited Partnership relating to County’s 800 MHz radio system
Page 24
3H-3 Third Amendment with JFK Medical Center
Limited Partnership relating to County’s 800 MHz radio system
3H-4 First Amendment with Florida Forest Service,
FL Dept. of Agriculture and Consumer Services relating to County’s 800 MHz
radio system
MARCH 12, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 25
3H-5 Second Amendment with Florida Atlantic
University related to County’s 800 MHz radio system
3H-6 County Quitclaim Deed in favor of FDOT for
parcel located on MLK Blvd/SR 710
Page 26
3H-7 Change Order No. 7 with Catalfumo
Construction relating to Acreage Branch Library project
3H-8 Fourth Amendment to Lease Agreement with
Tallman for indoor secured vehicle storage space for PBSO
3H-9 Contract with Ahrens Enterprises, Inc. for
construction of metal pavilion at WTP No. 9
Page 27
3H-10 Lease Agreement with Wallace and Theresa Lutz
for office space in Belle Glade for Community Action Program
3H-11 Amendment No. 8 to Lease Agreement Wallace and
Theresa Lutz for office space in Belle Glade for Community Services’ Migrant
Program
Page 28
3H-12 Public Art Committee reappointments
I. ECONOMIC SUSTAINABILITY
Page 28
3I-1 Amendment
No. 3 with City of Riviera Beach under the Development Regions Grant Program
relating to job creation/maintenance
Page 29
3I-2 Budget Amendment relating to the State
Housing Initiatives Partnership Program
3I-3 Amendment No. 2 with City of Pahokee
relating to housing rehabilitation and demolition
3I-4 Agreement
with Pratt & Whitney for an Ad Valorem Tax Exemption and Job Growth
Incentive Grant
J. PLANNING, ZONING & BUILDING
Page 30
3J-1 Building
Code Advisory Board reappointment/appointments
3J-2 Construction
Board of Adjustments & Appeals reappointment
K. WATER UTILITIES
Page 31
3K-1 Closing
documents relating to utility system transfer with Village of Palm Springs
3K-2 Work Authorization No. 10 with Globaltech,
Inc. for WTP No. 2 Wellfield Backup Power improvements
3K-3 Receive
and file one Indemnity Agreement with HTG Palm Beach, II, LLC
Page 32
3K-4 Work Authorization No.
21 with Johnson-Davis, Inc. for the Pioneer Road Sanitary Sewer extension
project
3K-5 Consent
to four Lake Discharge Agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Grant Agreement with Florida Fish and
Wildlife Conservation Commission relating to the Boynton Inlet site artificial
reef
3L-2 Renewal contract with Florida Atlantic
University for digitizing and analyzing nearshore coastal aerials
Page 34
3L-3 Project
Agreement Amendment with Florida Inland Navigation District relating to the
Jupiter Ridge Shoreline Restoration project
3L-4 Contract Amendment No. 1 with Loggerhead
Marinelife Center of Juno Beach for sea turtle monitoring services
3L-5 Notice of Professional Services required for
coastal and marine engineering consultant services
MARCH 12, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 35
3L-6 Cooperative Agreement with SFWMD for
collection and analysis of water quality data in the Lake Worth Lagoon
3L-7 Resolution establishing penalty schedule and
imposition of fines relating to natural areas
3L-8 Natural Resources
Protection Board reappointment/appointment
M. PARKS & RECREATION
Page 36
3M-1 Authorized
Provider Agreement with American National Red Cross to allow certified Parks
& Recreation employees to teach Red Cross courses at County facilities
3M-2 Budget Transfer for Lake Lytal Park
improvements
3M-3 Receive and file one Sound & Light
Production Services Contractor Agreement
Page 37
3M-4 Receive and file two Entertainment Contractor
Agreements
3M-5 Receive and file three Independent Contractor
Agreements
3M-6 Work Order No. PR 81237 with Wynn
& Sons Environmental Construction, Inc. to repair Hurricane Sandy storm
damage on Peanut Island
N. LIBRARY
Page 38
3N-1 Grant Agreement with Florida Division of
Library and Information Services for FY 2013 State Aid to Libraries
P. COOPERATIVE EXTENSION SERVICE
Page 38
3P-1 Agreement with Riviera Beach Community
Redevelopment Agency for start-up funding for a new GreenMarket
Q. CRIMINAL JUSTICE COMMISSION
Page 38
3Q-1 Receive
and file three agreements for various criminal justice activities
Page 39
3Q-2 Criminal
Justice Commission appointments
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 39
3S-1 Receive and file one Interlocal Agreement
with Palm Beach State Collage for professional development training services
3S-2 Receive
and file four agreements for provision of swimming lessons
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 40
3U-1 Third
Maintenance Services Schedules with AT&T relating to Meridian telephone
systems
3U-2 Interlocal
Agreement with School Board relating to installation of wireless antennas
3U-3 Interlocal
Agreements with various organizations relative to network services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS
Page 41
3W-1 Interlocal
Agreement with Village of Wellington to provide production services
MARCH 12, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
X. PUBLIC SAFETY
Page 41
3X-1 Norton Progressive After
School Arts Community Education Agreement Form to provide school arts community
education at Highridge Family Center
3X-2 Modification No. 1 with Florida Division of
Emergency Management relative to emergency management plans and programs
Page 42
3X-3 Contract with American Red Cross to provide
planning, facilitation, support and after action review of a half day shelter
functional exercise
3X-4 Ratify signature
on Grant Agreement with American Society for the Prevention of Cruelty to
Animals to assist in the care of fourteen horses
Page 43
3X-5 Office of
Juvenile Justice and Delinquency Prevention FY 2013 Application for Family Drug
Court Program
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 43
3AA-1 Resolution authorizing sale, conveyance and
transfer of five buses to Sarasota County
Page 44
3AA-2 Palm Tran Service Board appointments
BB. MEDICAL EXAMINER
Page 44
3BB-1 Paul Coverdell Forensic Sciences Improvement
Grant extension relating to forensic anthropology and odontology services
CC. SHERIFF
Page 44
3CC-1
Agreement with City of Miami for investigative/intelligence equipment
Page 45
3CC-2
Grant Adjustment Notice for National Institute of Justice FY 2011 DNA Backlog Reduction Program
Grant relating to salary and benefits for two Forensic Scientists
3CC-3 Agreement with City of Miami for
various direct law enforcement domestic security activities
3CC-4
Grant Adjustment Notice for 2011 Paul Coverdell National Forensic Sciences
Improvement Grant for travel, training, supplies, salary and benefits of
forensic services staff
Page 46
3CC-5
Donation from The Howard E. Hill Foundation to the FY 2014 Gunfire Detection
and Location project
3CC-6
Agreement with Port of Palm Beach to host advanced marine and tactical training
classes
Page 47
3CC-7
Budget Transfer in Law Enforcement Trust Fund to various crime/drug prevention
and education organizations
PUBLIC HEARINGS – 9:30 A.M.
Page 48
4A Resolution
confirming special assessment roll for 74th
Street North water main extension project
4B Resolution
vacating lots and abandoning public interest rights-of-way in portions of
Osceola Groves
Page 49
4C Issuance
of revenue bonds by City of St. Petersburg Health Facilities Authority
(OneBlood)
4D Small
Business Enterprise Program Ordinance
MARCH 12, 2013
TABLE OF CONTENTS
PUBLIC HEARINGS CONTINUED
Page 50
4E Impact
Fee Ordinance
Page 51
4F Various budget amendments and transfers to adjust the FY
2013 budget
REGULAR AGENDA
ECONOMIC
SUSTAINABILITY
Page 52
5A-1 Resolution approving issuance of Housing
Finance Authority Multifamily Housing Revenue Bonds (La Joya Villages project)
Page 53
5A-2 Loan
Agreement with NOAH Development Corporation related to Covenant Villas project
ENGINEERING
& PUBLIC WORKS
Page 54
5B-1 Budget
Transfer/Amendment for railroad crossing maintenance
FACILITIES
DEVELOPMENT & OPERATIONS
Page 55
5C-1 Resolution conveying County’s interest in
2.40 acres of vacant land between Ranches Road and Western Way in
unincorporated Lake Worth
Page 56
5C-2 Civic
Site Dedication Agreement within Atlantic Commons PUD
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 56
5D-1 Contract
for external auditing services with McGladrey, LLP
PLANNING,
ZONING & BUILDING
Page 57
5E-1 Addition
of two Site Planner II positions
ADMINISTRATION
Page 57
5F-1 Resolution
supporting priorities of the 16 County Ecosystem Summit
Page 58
5F-2 Resolution revising budgetary policy and
expenditure controls for operation of Commission District offices
COUNTY
ATTORNEY
Page 58
5G-1 Excess Policy Commutation Agreement with TIG
Insurance Company relative to workers’ compensation
BOARD APPOINTMENTS (Page 59)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 60)
STAFF COMMENTS (Page 61)
COMMISSIONER
COMMENTS (Page 62)
ADJOURNMENT (Page 62)
MARCH 12, 2013
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring March 2013 as
“Women’s History Month” in Palm Beach County. (Sponsored by Commissioner
Valeche)
2. Proclamation declaring March 2013 as
“Florida Bicycle Month” in Palm Beach County. (Sponsored by Commissioner
Burdick)
3. Proclamation declaring March 2013 as
“Myeloma Awareness Month” in Palm Beach County. (Sponsored by Commissioner
Abrams)
4. Proclamation
declaring March 20, 2013 as “Kick Butts Day” in Palm Beach County. (Sponsored
by Commissioner Valeche)
5. REVISED TITLE: Proclamation recognizing March
12, 2013 as the “25th Anniversary of the Armory Art Center” in
Palm Beach County. (Sponsored by Commissioner Burdick)
* * * * * * * * * * * *
MARCH 12, 2013
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: the appointment
of the James J. Martini and Mr. Christopher G. Cothran to the Workforce
Alliance, Inc. (Alliance) Board of Directors for the period to March 12, 2013,
through March 11, 2016:
|
Nominee/ Appointment |
Seat No. |
Area of Representation |
Nominated By |
|
James J. Martini |
9 |
Private Sector |
Business Development
Board of Palm Beach County, Inc. |
|
Mr. Christopher G.
Cothran |
10 |
Private Sector |
Business Development
Board of Palm Beach County |
Summary:
The membership of Workforce
Alliance, Inc. (Alliance) conforms to the requirements of the Workforce
Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. Policy for this item is defined in R2007-1220
Agreement between Palm Beach County, Florida (County) and Alliance dated July
10, 2007. Per this Agreement, 17 private sector member appointments shall be
made by County. The
Workforce Investment Act of 1998 requests that an emphasis be placed on CEO’s
or highest level of management positions for both community and business sector
appointments. The Alliance Board of Directors is comprised of a minimum of 40
members as determined from time to time by the Board of Directors with
representatives of business in the local area who are owners of businesses,
local educational entities, labor organizations, community-based organizations,
economic development agencies, one-stop partners. Mr. Christopher G. Cothran has disclosed that he
is employed with FPL that contracts with the County for various services. The
Workforce Alliance, Inc. Board provides no regulation, oversight, management,
or policy-setting recommendations regarding the subject contract(s). Disclosure
of this contractual relationship at a duly noticed public meeting is being
provided for Mr. Cothran in accordance with the provisions of Sect. 2-443, of
the Code. Countywide (TKF)
2. Staff recommends
motion to approve: a Declaration of Unity of Control by the Lester
Family Investments, L.P., a Delaware Limited Partnership, Richard Thall, Robert
Thall, Peter L. Briger, Paul H. Briger and The David Minkin Florida Realty
Trust and Palm Beach County, a political subdivision of the State of Florida,
and Florida Power & Light Company, a Florida Corporation. Summary: The
City of Palm Beach Gardens is requiring the execution of this form by the
owners of the property within the Briger Planned Community Development Master
Plan. The Declaration provides for mutual and reciprocal rights-of-way for the
purpose of ingress and egress, parking, drainage and utilities within the
property. District 1 (HF)
3. Staff recommends
motion to approve: Interlocal Agreement with the Palm Beach
Metropolitan Planning Organization (MPO) for Staff and Services. SUMMARY: On January 17, 2013, the MPO
Board approved an Interlocal Agreement with the County for office space,
equipment, personnel, and administrative and technical support services. The initial term of the agreement is for five
years and grants the MPO options to renew the agreement for two additional five
year periods. This Agreement replaces and updates the current agreement
(R85-1747; dated October 22, 1985) between the MPO and the County. Countywide
(DR)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve: Warrant List.
2. Staff recommends
motion to approve: the following final minutes of the Board of County
Commissioners= meetings:
Meeting Type Meeting Date
Regular December 18, 2012
Environmental Control Board January 3, 2013
Zoning January 3, 2013
Regular January 15, 2013
Environmental Control Board January 24, 2013
Zoning January 24, 2013
Retreat January 29, 2013
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office. Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during October 2012. Countywide
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to:
A) approve finalization of the assessment roll at the previously established cost of $20 per abutting foot for the 181st Street North and 182nd Road North Water Main Improvements (Project), Project No. 2007050.010;
B) adopt a Resolution to include an additional assessment of $1,328 per lot for the five property owners who elected to have the cost of their individual water services included in their assessment for the Project;
C) adopt a Resolution to include an additional assessment for the water connection fees, which range from $4,478.36 for one meter, up to $13,435.08 for three meters for those property owners that elected to include the cost of their connection fees in their assessment for the Project; and
D) authorize the Tax Collector’s Office to process and collect the assessments and transfer the funds to the Town of Jupiter (Town) per Assessment Agreement R2011- 286.
SUMMARY: Finalization of the water main assessment roll and adoption of the water services and connection fees assessment rolls for the Project is necessary so that the assessment payments can be processed and collected by the Tax Collector’s Office. The funds will be transferred to the Town which has borne all the costs of the Project in this unincorporated area. The original interest rate on the water main assessments remains 5.5%. Property owners were also provided with the option to have the Town’s contractor hook up their water services at a cost of $1,328 based on the contractor’s bid submitted for the Project. Five property owners agreed to have the Town’s contractor install their water service. In addition, eleven property owners agreed to include the cost of their connection fees in their assessment. The fee amounts, established by the Town, range from $4,478.36 for one meter to $13,435.08 for three meters, where there are multiple dwelling units. The Office of Community Revitalization is contributing approximately 49% of the cost of the Project in order to limit the water main assessment to $20 per abutting foot for the property owners in this Limestone Creek Countywide Community Revitalization Team area. District 1 (MRE)
2. Staff recommends motion to receive and file: a Contract dated January 2, 2013, with Tree Cycle Land Clearing, Inc., (Tree Cycle), in the amount of $53,851.50 for the clearing and grubbing of Lyons Road from Rosemount Drive to 1500’ north of Rosemount Drive and Haverhill Road from 120’ south of Navarre Road to Flory Drive (Project). SUMMARY: This Contract is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. On January 2, 2013, the County Engineer approved the contract as a delegated authority in accordance with the Purchasing Code. Districts 2 & 3 (MRE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends motion to approve: a Fifth Amendment to a Bridgetending Agreement R2001-1425 dated September 11, 2001, with Charles Corbin (Amendment) at the Point Chosen Swing Bridge to extend the term of the contract from April 1, 2013, through October 1, 2013, for a fixed amount of $5,510.44 each month, not-to-exceed a total amount of $33,062.64. SUMMARY: Approval of this Amendment will extend the expiration date of the existing agreement to October 1, 2013, and will provide uninterrupted bridgetending service for the Point Chosen Swing Bridge. The Office of Small Business Assistance has no listing of certified Minority/Women Business Enterprises to perform this service. The Point Chosen Swing Bridge crosses the Okeechobee Rim Canal on West Lake Road (CR-717) from Belle Glade to Torry Island, Florida. A new bridgetending contract is being put out to bid and should become effective by the end of the term established under this Amendment. District 6 (MRE)
4. Staff recommends
motion to approve:
A) a Contract with Rosso Site Development, Inc., (Rosso) in the amount of $233,897.41 for the construction of Belvedere Road and Haverhill Road Intersection Improvements (Project); and
B) a Budget Amendment of $2,068 in the Road Impact Fee Fund – Zone 2 to recognize reimbursement funding from AT&T ($1,858), Florida Power & Light ($105), and Florida Public Utilities ($105) and appropriate it to the Project’s account.
SUMMARY: Approval of this Contract and Budget Amendment will allow Palm Beach County to issue a Notice to Proceed to Rosso, 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 proposed for the Project by Rosso is 27.27%. District 7 (MRE)
5. Staff recommends motion to adopt: a Resolution designating a parcel of land owned by Palm Beach County (County) located approximately one half mile east of Jog Road, between the L-18 and L-19 canals, south of Hypoluxo Road, as right-of-way for roadway drainage purposes. SUMMARY: Adoption of this Resolution will designate a County-owned parcel of land as right-of-way for roadway drainage purposes. District 3 (MRE)
6. Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2011-0703 in the amount of $154,307.20 with Arcadis U.S., Inc. (Arcadis) for professional services. SUMMARY: Approval of this Work Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Northlake Boulevard and Military Trail Intersection Improvements project (Project). The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for this Project by Arcadis is 20.65%. Arcadis is a Palm Beach County company. FDOT is contributing $100,000 toward the design. District 1 (MRE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends
motion to:
A) adopt a Resolution to amend the original assessment roll by reducing the interest rate to 5.5% at the previously established cost of $104.60 per abutting foot for the Cinquez Park area paving and drainage project;
B) adopt a Resolution to amend the original assessment roll by reducing the interest rate to 5.5% at a reduced cost of $53.63 per abutting foot for the Cinquez Park area potable water project;
C) adopt a Resolution to amend the original assessment roll by reducing the interest rate to 5.5% at a reduced cost of $43.77 per abutting foot for the Cinquez Park area sanitary sewer project; and
D) authorize the Tax Collector’s Office to process and collect the assessments.
SUMMARY: Finalization of the assessment roll for the Cinquez Park Area Improvement Project No. 2006137 (Project) in Section 03, Township 41 South, Range 42 East is needed so the assessment payments can be processed and collected by the Tax Collector’s Office. The interest rate on the initial assessments, which was 6.5%, is being reduced to 5.5%. The associated Project roads are Palmetto Street from Cinquez Park Road West to Cinquez Park Road East, Cinquez Park Road West from Palmetto Street north for the first five lots, Cinquez Park Road East from Palmetto Street north to the end, Carver Avenue from Indiantown Road north to the end, Cornelia Avenue from Tuscaloosa Street north to the end, Evangeline Avenue from Tuscaloosa Street north to the end, Tuscaloosa Street from Cornelia Avenue east to Yancy Avenue and Yancy Avenue from Tuscaloosa Street to the Courtyard Gardens Rehabilitation Center property line. The actual cost ($115.32) per abutting foot of the paving and drainage portion of this Project is higher than the original estimated assessment. However, pursuant to Palm Beach County Code, Chapter 26 - Special Districts, Article II, Municipal Service Taxing Units, assessments can only be lowered from the initial assessment roll, not increased. Consequently the original estimated cost of $104.60 per abutting foot for the paving and drainage portion remains the assessment for these improvements. The actual cost of the water line portion of the Project is $53.63 per abutting foot which is lower than the original assessment ($54.34), and the actual cost of the sanitary sewer portion of this Project is $43.77 per abutting foot which is lower than the original assessment ($45.37). District 1 (MRE)
8. Staff recommends motion to adopt: a Resolution approving recordation and filing of a Specific Purpose Survey Maintenance Map with the Clerk of the Circuit Court (Clerk) of and for Palm Beach County (County), Florida, certifying that a 0.045 acre rectangular portion of Marguerita Drive at 4779 Marguerita Drive has been maintained or repaired, continuously and uninterrupted, by the County for over four years and all rights, title, easement appurtenances in and to the road are therefore vested in the County. SUMMARY: Adoption of this Resolution will establish and confirm title of Marguerita Drive at 4779 Marguerita Drive to the County in accordance with Section 95.361, Florida Statutes, which provides that upon four years of continuous and uninterrupted maintenance or repair of the road by the County and upon filing of a map with the Clerk, title to the road becomes vested in the County for the extent in width that has been actually maintained. The Road and Bridge Division Director has certified, on the cover of the Marguerita Drive Specific Purpose Survey Maintenance Map, that it depicts the limits of maintenance by the County. District 7 (MRE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. REVISED SUMMARY:
Staff
recommends motion to approve: contracts not to exceed the total value
of $6,110,000 for task orders which may be issued for the Annual Asphalt
Milling and Resurfacing Contracts (Contract), Project No. 2013052, with the
lowest responsive, responsible bidder, Community Asphalt Corporation,
(Community), and the second lowest responsive, responsible, bidder, Ranger
Construction Industries, Inc., (Ranger). SUMMARY: Approval of
these Contracts will provide services for maintenance of Palm Beach County
(County) roadways and other facilities.
The Contracts include milling and disposal of existing asphalt pavement,
maintenance of traffic, cleaning of surfaces for finish applications, and
furnishing, hauling, and placement of specified asphalt courses. Both
contractors are Community is a Miami-Dade County Company, but they have
a permanent place of business within Palm Beach County. Ranger is a County
businesses. The Small
Business Enterprise (SBE) goal for the project is 15%. The SBE participation committed for the
project is 15.32% overall by Community and 15.10% overall by Ranger. Countywide
(MRE)
10. Staff recommends
motion to approve: Change Order No. 4 in the amount of $458,642.81 to
resolution R2011-1446 with GLF Construction Corporation for the construction of
the Ocean Avenue Bridge over the Intracoastal Waterway. SUMMARY:
Approval of Change Order No. 4 will compensate for cost associated with extra
work required to complete the installation of bridge piles at Abutment
eight. This Change Order is being
brought to the Board of County Commissioners for approval due to the fact that the
value exceeds the approval authority of the department and the Contract Review
Committee as referenced in PPM CW-F-050. District 4 (MRE)
11. Staff recommends
motion to adopt: a Resolution approving recordation and filing of a
Specific Purpose Survey Maintenance Map with the Clerk of the Circuit Court
(Clerk) of and for Palm Beach County (County) Florida certifying that a portion
of 40th Terrace North in Section 24, Township 42, Range 42, has been
maintained or repaired, continuously and uninterrupted, by the County for over
four years and all rights, title, easement appurtenances in and to the road are
therefore vested in the County. SUMMARY: Adoption
of this Resolution will establish and confirm title of 40th Terrace
North in Section 24, Township 42, Range 42, to the County in accordance with
Section 95.361, Florida Statutes, which provides that upon four years of continuous
and uninterrupted maintenance or repair of the road by the County and upon
filing of a map with the Clerk, title to the road becomes vested in the County
for the extent in width that has been actually maintained. The Road and Bridge
Division Director has certified, on the cover of the
40th Terrace North Specific Purpose Survey Maintenance Map, that it
depicts the limits of maintenance by the County. District 1 (MRE)
D. COUNTY
ATTORNEY
1. Staff
recommends motion to receive and file: the official transcript for the closing of the Palm Beach County,
Florida Refunding Revenue Bonds (Pine Crest Preparatory School, Inc. Project)
Series 2012A and Series 2012B (the “Bonds”).
SUMMARY: The official transcript for the Bonds has been
provided. This transcript should now be received and filed in the Minutes
Department. Countywide (PFK)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$90,000 in the personal injury action styled Timothy J. Pike vs. Palm Tran,
Case No. 502011CA016985XXXXMB AE. SUMMARY:
On August 29, 2008, Plaintiff, a 28-year-old West Palm Beach police officer,
was struck by a Palm Tran bus that was turning left onto Electronics Way as
Plaintiff was traveling west on 25th Avenue in West Palm Beach.
Plaintiff’s patrol car flipped over and landed upside down. Plaintiff was
transported by ambulance to St. Mary’s Hospital for emergency treatment. Plaintiff followed up with a neurosurgeon and
a chiropractor. He sustained herniated
discs in his neck at two levels and in his back at two levels for which he
underwent surgery. He was left with a
12% permanent impairment and his doctor opined that he is a candidate for
future neck surgery and a lumbar fusion.
Medical bills to date total $97,708, and there is an outstanding lien
for $4,686. Staff, including the Risk Management Roundtable Committee, concurs
that this settlement is in the best interest of Palm Beach County. Countywide
(SCL)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment
No. 01 to the Contract for Provision of Financial Assistance with the City of
Pahokee (R2011-1883) for the period October 1, 2012, through September 30,
2013, increasing funding by $131,364 for a new amount not to exceed $262,728
for the Fresh Start/Wellness Opportunities programs. SUMMARY: The information submitted reflects the
last contract of a total of 46 contracts, allocating $12,220,011 of funding for
the Financially Assisted Agencies Program for FY 2013. The amendment amount
reflects the dollar amount approved by the Board of County Commissioners for FY
2013 for the City of Pahokee. District 6 (TKF)
2. Staff recommends
motion to adopt: Resolution amending Resolution No. 2010-1942
regarding the Division of Senior Services (DOSS) authorizing the County Administrator, or his designee, signatory
authority on individual amendments and any other necessary documents related to
Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) and Department of
Elder Affairs (DOEA) grant agreements/contracts for not more than ten percent
(10%) of the grant award or $150,000, whichever is greater, effective March 12, 2013. Summary: An amended resolution is
necessary to allow signature authority on individual amendments and any other
necessary documents related to
AAA and DOEA grants agreements/contracts. DOSS
receives Federal and State grant funds annually through agreements or contracts
with AAA and DOEA. These contracts are adjusted periodically to align budgetary priorities and to
adjust grant amounts when unused federal funds become available for
distribution. Delegating
signatory authority to the County Administrator, or his designee, on individual
amendments and any other necessary documents within the defined threshold would
facilitate the spending of funds in a timely manner in compliance with the
grant mandates. Amendments signed by the County Administrator, or his designee,
will be brought before the Board of County Commissioners as receive and file
documents in accordance with PPM CW-O-051. (DOSS) Countywide (TKF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Memorandum
of Agreement with Families First of Palm Beach County for the period March 12,
2013, through September 30, 2013, to refer infants and toddlers to Palm Beach
County Head Start for eligible services. Summary: Federal and State initiatives encourage the
development of collaborative agreements between agencies. This Agreement will reduce duplication of
services; facilitate improved service delivery for infants and toddlers and
more effectively utilize available resources. No County funds are required.
(Head Start) Countywide (TKF)
4. Staff recommends
motion to receive and file: Notice of Grant Award from the Department of
Health and Human Services Administration for Children and Families for the period
October 1, 2012, through September 30, 2013, in the amount not to exceed $13,866,170,
for Head Start/Early Start programs. Summary: A
Notice of Grant Award from the Department of Health and Human Services
Administration for Children and Families was received and awards partial
funding totaling $13,866,170. The balance
of the funding will be awarded at a later date.
Budget will be aligned once the final notice of award has been
received. The 2013 Refunding Grant Application
was approved by the Board of County Commissioners on September 11, 2012 (R2012-1314). Head Start FY 2013 objectives and performance
measures include ensuring that at least 10% of total Head Start/Early Head
Start enrollment will be children with disabilities; maintaining at least 85%
attendance for the funded enrollment of 2,296 children and replacing all vacant
slots within 30 days; and achieving 75% of Voluntary Pre Kindergarten scores
above the state requirement. This Notice of Grant Award shall be received
and filed in the Minutes Department. (Head Start) Countywide (TKF)
5. Staff recommends
motion to approve: Amendment
No. 1 to Memorandum of Understanding (MOU) for the Retired and Senior Volunteer
Program (RSVP) (R2012-1872) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period December 18, 2012 through December
18, 2015, revising the effective date and the RSVP representative. Summary:
This Amendment establishes a new effective date of December 18, 2012, and
assigns a new AAA representative for the volunteer program. The MOU designates DOSS as a RSVP Volunteer
Station. DOSS will interview, train and
supervise RSVP volunteers at DOSS facilities.
No County funds are required. (DOSS) Countywide except for portions
of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve:
A) Early Head Start Contracted
Services Agreement with The School Board of Palm Beach County (District), for
the period February 21, 2013, through September 30, 2013, in an amount totaling
$184,746 for services to Early Head Start children and families; and
B) Notice of Lease Cancellation with the Milagro Foundation, Inc. for rental
of child care facility and surrounding land used for Delray Beach Early Head
Start Program.
SUMMARY: The Division of Head Start receives funds from the Department of Health
and Human Services to provide child care services. The County contracts with various providers
including the District to deliver a portion of these services. The Village
Academy is a magnet school that serves 739 students in grades K-12, located at
400 Southwest 12th Avenue, Delray Beach. The Village Academy also serves 185 Head
Start children from the ages of 3 to 5 years through a County provider
contract. The proposed Agreement will expand the Village Academy program, and
allow them to serve Early Head Start children from birth to age 3. Since 2002,
the County has leased the building and surrounding land located at 346
Southwest 6th Avenue in Delray Beach and operated an Early Head
Start program at this location. The child care services provided at this
facility will be delegated to the District and relocated to the Village Academy
School. The District will receive one time capital improvement funding in the
amount of $70,000 to bring the facility in compliance with Palm Beach County
Health Department and Head Start regulations.
The current term of the
Lease with the Milagro Foundation is scheduled to expire on April 30, 2014. The County has the right to cancel the Lease
Agreement for any reason upon 90 days written notice. The Notice of Lease
Cancellation will cancel the Lease effective August 30, 2013. The estimated annual cost savings as a result of this change
will be $100,000. The savings will be
used to offset expenses associated with teacher reclassifications and
operational performance standards mandated by the Office of Head Start. Six
County employees, currently assigned to the Delray Beach location, will be
re-assigned to other positions based on their credentials. Early retirements,
vacancies and arranged transfers will absorb these currently filled positions.
(Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff
recommends motion to approve: a Design Concept for the installation of a Visitor Welcome Sign and Landscape at
Palm Beach International Airport (PBIA) proposed by Keep Palm Beach County
Beautiful, Inc. (KPBCB), a non-profit volunteer-based organization. SUMMARY: KPBCB is dedicated to improving the quality of life in Palm Beach
County through litter prevention education, beautification efforts and
environmental stewardship. The proposed project which includes a visitor welcome
sign with a specific message, landscape beautification, and supporting
irrigation and lighting, encourages residents and visitors to contribute to the
stewardship of the community environment.
The project creates a focal point and landmark for travelers to enjoy
when exiting PBIA and for those driving on Australian Avenue, a heavily
traveled and highly visible County thoroughfare. The Design Concept was
presented to and approved by the Aviation and Airports Advisory Board on
January 16, 2013. Countywide (AH)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: two
original Agreements for the Department of Airports:
A) Amendment to Extend Airline-Airport Use and Lease Agreement with
Southwest Airlines Co. to extend the termination date of the Agreement for two
(2) additional years to expire on September 30, 2014; and
B) Amendment to Extend Airline-Airport Use and Lease Agreement with Delta
Air Lines, Inc. to extend the termination date of the Agreement for two (2)
additional years to expire on September 30, 2014.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the Board of County
Commissioners in R2012-0823. Countywide
(AH)
3. Staff recommends
motion to receive and file: Off-Airport Parking Lot Operator Ground
Transportation Permit with West Palm Beach Hotel, LLC, d/b/a Doubletree Hotel
West Palm Beach Airport commencing November 1, 2012, terminating September 30,
2013, automatically renewed on yearly basis (October 1st through
September 30th). SUMMARY: Delegation of authority for
execution of the standard County agreement above was approved by the Board of
County Commissioners in R2010-1107. Countywide (AH)
4. Staff recommends
motion to receive and file: License
Agreement with Jet Aviation Associates, Ltd. (Jet) commencing January 22, 2013
and expiring January 26, 2013, for overflow parking of vehicles in connection
with the annual La Bella Macchina charity event hosted by Jet at the Palm Beach
International Airport (PBIA), at no cost to Jet. SUMMARY: Delegation of authority for execution of the standard
license agreement was approved by the Board in R2007-2070. This License Agreement provides for the use
of a portion of the parking area adjacent to the PBIA Air Cargo Building No. 1475
for use solely for the parking of vehicles in connection with Jet’s charity
event. Countywide (AH)
5. Staff recommends
motion to receive and file:
License Agreement with Sixt Rent A Car LLC (Sixt) commencing December 12, 2012
and expiring January 11, 2013, renewing automatically each month thereafter,
provided no renewal shall extend beyond May 11, 2013, for overflow parking of
vehicles in connection with Sixt’s rental car operation the Palm Beach
International Airport (PBIA), for payment of a license fee in the amount of
$675 per month. SUMMARY: Delegation
of authority for execution of the standard license agreement was approved by
the Board in R2007-2070. This License
Agreement provides for the use of a portion of the parking area adjacent to
PBIA Building No. 1440 for use solely for the parking of vehicles in connection
with Sixt’s rental car operation at PBIA. Countywide (AH)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends motion to approve: the reading into the records for compliance with Florida Statutes 287.055 (Public Announcement in a Uniform and Consistent Manner) the attached Notice of General Consulting Services Desired by Palm Beach County Department of Airports to provide Engineering, Architectural, Planning, Construction Management, Environmental Assessment and Land Development Professional Services. The Department of Airports will execute an advertisement and selection process. SUMMARY: In accordance with Board established procedures referencing the Consultant’s Competitive Negotiation Act, this notice is required to be processed as the initial step of the selection process. A Disadvantaged Business Enterprise goal of 15% has been established. Countywide (AH)
7. Staff recommends
motion to approve: Third
Amendment (Amendment) to Airport Ground Transportation Concession Agreement
with Southeastern Florida Transportation Group, LLC (SEFTG) (Agreement)
(R2005-1774), extending the term of the Agreement for two years through
September 30, 2015, 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. 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, 2013. This Amendment extends the term of the Agreement
for two years through September 30, 2015.
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. Countywide (AH)
8. Staff recommends
motion to adopt: a Resolution
amending Resolution R2005-0457 to increase aircraft apron fee rates at the Palm
Beach International Airport (PBIA); providing for severability; and providing for
an effective date. SUMMARY: Fixed base operators at PBIA currently pay
$0.03 per gallon of aviation fuel sold for the right to use aircraft parking
apron owned and developed by the County.
The fee was established in 2005 pursuant to Resolution R2005-0457 and
has not been increased since that time.
Staff has conducted an analysis of rates charged by other Florida
airports for use of improved apron areas and has determined that the current
rate is below market and should be adjusted. After meeting with the fixed base
operators at PBIA, staff is recommending increasing the fee over a four-year
period. The first increase of $0.02 per
gallon will occur on January 1, 2014.
Subsequent increases of $0.02 per gallon will occur on each October 1st
thereafter until the fee reaches $0.13 per gallon. Staff’s recommendation was reviewed and
unanimously approved by the Aviation and Airports Advisory Board at its January
16, 2013 meeting. Countywide (AH)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to adopt: a Resolution
establishing standard form lease agreements for the lease of hangars and
offices at County-owned general aviation airports; authorizing the County
Administrator or his designee to execute the approved standard form agreements;
establishing a methodology for establishing rental rates; authorizing the
County Administrator or his designee to make certain modifications to the
standard form agreements; providing for severability; providing for the repeal
of Resolutions R2007-1755, R2008-1845 and R2009-1073; and providing for an
effective date. SUMMARY: This Resolution authorizes the County Administrator or his
designee to execute new standard form Commercial Hangar Lease, Non-Commercial
Hangar and Office Lease Agreements for the lease of hangars and offices at the
County’s general aviation airports. This
Resolution also provides that rental rates will be determined by an appraisal
and authorizes the use of promotional rental rates in an amount not less than
75% of fair market rental value for a period not to exceed three years as an
incentive to potential tenants. This
Resolution authorizes the County Administrator or his designee to update
insurance provisions upon the advice of the Risk Management Department and to
agree to non-material changes to the standard forms. Countywide (HJF)
10. Staff recommends
motion to approve: Agreement
to Terminate Option Contract for Ground Lease Agreement (Agreement) with
A.E.C.O.A., Inc. (A.E.C.O.A.), providing for reimbursement of costs in the
amount of $71,132.52. SUMMARY: This Agreement terminates an
Option Contract for Ground Lease (R2009-0279) (Option Contract) with A.E.C.O.A.
in exchange for the reimbursement of costs in the amount of $71,132.52 incurred
by A.E.C.O.A. toward the development of four aircraft hangars at the Palm Beach
County Park Airport (Lantana Airport). The proposed development is inconsistent
with future redevelopment plans for the Lantana Airport; therefore, staff is
recommending termination of the Agreement.
A.E.C.O.A.’s current development plans are in the design and permitting
stage. In the event the development is
completed, the County would be obligated to buyout the cost of the improvements
in order to redevelop the area where the hangars are to be located. A.E.C.O.A. has estimated the final
construction costs of the project to be approximately $425,000, exclusive of
design costs. Countywide (AH)
11. Staff recommends
motion to receive and file: Ninth Amendment to Airline Operating and
Lease Agreement with Air Canada (R2009-0081), replacing Exhibit “B” increasing
leasehold for the season, effective October 28, 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)
12. Staff recommends
motion to receive and file: Change Order No. 2 to the contract with The
Marc J. Parent Company, Inc., d/b/a PB Builders in the amount of $3,307.50 and
a time extension of 30 calendar days for the Terminal Flooring Improvements –
Phase 2 at Palm Beach International Airport. SUMMARY: The contract with PB Builders was approved by the
Board of County Commissioners on July 10, 2012 (R2012-0980). Change
Order No. 1 was approved by the Committee on November 21, 2012 in the amount of
$1,750.53 and a time extension of 90 calendar days. Change Order No. 2 is being
presented to the Board as a Receive and File item due to the cumulative time
extension exceeding the 120-day threshold pursuant to Revised PPM No. CW-F-050. The PPM
states that the item that causes the limitation to be reached shall be
presented to the Board as a Receive and File Item by the Lead Department. The cumulative time extensions are then set
to begin again. Countywide (JCM)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
13. Staff recommends
motion to:
A) approve a Lease
Agreement (Lease) with Bus One LLC, (Bus One) a Florida limited liability
company, for the lease of warehouse storage and paved parking areas at 1146
Carmichael Road at the Palm Beach International Airport for initial annual
rental in the amount of $50,125.20, commencing on March 15, 2013, and expiring
March 14, 2015, with three automatic one-year renewals; and
B) authorize the County administrator or his designee, the
Director of the Department of Airports (Department), to execute amendments to
add additional parking area adjacent to the warehouse at 1146 Carmichael Road
at the then-current rental rate, to the extent available.
SUMMARY: This Lease provides for the lease of
approximately 8,192 square feet of warehouse storage area and 5,000 square feet
of adjacent paved parking area at 1146 Carmichael Road. Bus One will use the space for passive
storage of vehicles and equipment. The
space is being leased in its “as-is” condition; however, Bus One will receive a
rental credit in the amount of $2,000 to partially offset the costs to complete
necessary interior improvements.
Approval of this item will also authorize the County Administrator or
his designee, the Department Director, to execute amendments to add additional
parking area adjacent to the warehouse at the then-current rental rate, to the
extent such space is available. Countywide (HJF)
14. Staff recommends
motion to approve: a
Development Site Lease Agreement (Lease) with West Palm Beach Plaza, LLC (WPB
Plaza), a Florida limited liability company, for the lease and development of
approximately 113,211 square feet of unimproved ground as a travel plaza on the
Palm Beach International Airport at the southwest corner of Belvedere Road and
Florida Mango Road, commencing on March 12, 2013, and expiring 30 years from
the date of beneficial occupancy for an initial annual rental of $152,848 and
payment of a fuel flowage fee of $0.005 per gallon of fuel sold and a
concession fee of 2.5% of gross revenues in excess of $1 million. SUMMARY: This Lease
provides for lease of approximately 113,211 square feet of property to WPB
Plaza for the development of an on-airport travel plaza, which will include a
gas station, convenience store, car wash, food service facilities and related amenities
such as restrooms, free wireless internet access, a flight information display
screen and customer loyalty program. WPB Plaza will also construct and maintain
a collocated cell phone waiting area adjacent to the site at WPB Plaza’s sole
cost. The existing cell phone waiting
area will be closed upon completion of the project. The Lease provides for a
minimum capital expenditure of $2,882,250 toward the completion of the required
improvements. Ground rental will commence on the date of beneficial occupancy,
which is defined as the first to occur of:
substantial completion of the required improvements, the date WPB Plaza
commences its business operations on the property, or April 1, 2015. Payment of the concession and fuel flowage
fees will commence two years after the date of beneficial occupancy. Additional
zoning approvals may be required to allow the property to be developed as an
on-airport travel plaza; therefore, the Lease provides WPB Plaza with the right
to terminate the Lease in the event it is unable to obtain the required
approvals after exercising best efforts to do so. Countywide
(HJF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution authorizing the execution of a Fourth
Amendment to Loan Agreement in connection with the extension of the County’s
line of credit dated May 21, 2009 with Wells Fargo Bank, N.A., that satisfies
the debt service reserve fund requirements for seven of the County’s
outstanding bond issues; authorizing the execution of a separate Fourth
Amendment to Loan Agreement in connection with the extension of the County’s
separate line of credit with Wells Fargo Bank N.A. (the Bank), dated June 4,
2009 that satisfies the debt service reserve fund requirements for four other
County bond issues and providing an effective date. SUMMARY: Under the
terms of the loan agreements, the County requested that the Bank extend the
maturity date for each loan agreement for one year. The Bank has agreed to extend the loan
agreements for one year with all other terms and conditions remaining
unchanged. The County will continue to pay an annual fee of .65% ($316,194) for
the letters of credit issued to satisfy the debt service reserve requirements
under the loan agreements. The County expects to continue to renew the loan
agreements each year. Countywide (PFK)
2. Staff recommends
motion to approve: Budget
Amendment of $10,032,000 in the $10.1M Public Improvement Revenue Bonds, Series
2013 Capital Project Fund to budget bond proceeds and costs of issuance. SUMMARY: On January 15, 2013, the Board approved R2013-0110 for the issuance of
the Series 2013 bonds for the unified communications system (replace phone
system) and to pay the cost of issuance of the bonds. Through a competitive bid
process, PNC Bank will finance the bond for seven years at 1.28%. The annual debt
service is $1.5 million and will begin in FY 2014. These budget amendments set
up the budget for the sale of the Series 2013 Bonds. Countywide (PFK)
3. Staff recommends
motion to approve: the recording of the FY 2012 retirements of tangible
personal property (equipment, vehicles, publications)
in the official minutes of the Board of County Commissioners’ meeting as
prescribed by Florida Statutes, Chapter 274.
SUMMARY: Florida Statutes,
Chapter 274 and the Palm Beach County “Surplus Property Ordinance” require the
recording of the disposal (retirement) of tangible personal property from the
official records of Palm Beach County at historical value. Disposal,
retirement, and adjustments total $31,499,921.12. Countywide (PFK)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Third Amendment to Agreement (R2004-0095) as
amended by (R2006-0982) and as amended by (R2010-0336) with Bethesda Hospital,
Inc. (“Hospital”) to extend the term of the agreement for interoperable radio
communications through the countywide common talk groups of the County’s 800
MHz Radio System to January 11, 2016. SUMMARY: The Agreement, which provides
the terms and conditions under which Hospital can program its radios and
utilize the countywide common talk groups for certain inter-agency
communications expired on January 11, 2013. The Agreement provided for three
renewal options, each for a period of three years. Both parties must approve
the renewal option. Hospital has approved a retroactive renewal to extend the
term of the Agreement to January 11, 2016. The renewal now requires Board
approval. The terms of the Agreement are standard and have been offered to all
municipalities and local branches of State/Federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with this Agreement.
Hospital is required to pay all costs associated with the subscriber
units and to comply with established operating procedures for the System. The
Agreement may be terminated by either party, with or without cause. This Third Amendment retroactively renews the
term, updates the notice provisions, modifies the provision on access and
release of programming codes, and provides for disclosure of County Ordinance
No. 2009-049 establishing the Office of the Inspector General. Other than the
changes set forth herein, all other terms remain the same. (ESS) Countywide
(JM)
2. Staff recommends
motion to approve: a Third Amendment to Agreement (R2006-1422) with
Palms West Hospital Limited Partnership (Palms West) to extend the term of the
agreement for interoperable radio communications through the countywide common
talk groups of the County’s 800 MHz Radio System to October 6, 2015. SUMMARY: The Agreement, which provides
the terms and conditions under which Palms West can program its radios and
utilize the countywide common talk groups for certain inter-agency
communications expired on October 6, 2012. The Agreement provided for three
renewal options, each for a period of three years. Both parties must approve the renewal option.
Palms West has approved a retroactive renewal to extend the term of the
Agreement to October 6, 2015. The renewal now requires Board approval. The
terms of the Agreement are standard and have been offered to all municipalities
and local branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. Palms
West is required to pay all costs associated with the subscriber units and to
comply with established operating procedures for the System. The Agreement may
be terminated by either party, with or without cause. This Third Amendment retroactively renews the
term, updates the notice provisions, modifies the provision on access and
release of programming codes, and provides for disclosure of County Ordinance
No. 2009-049 establishing the Office of the Inspector General. Other than the
changes set forth herein, all other terms remain the same. (ESS) Countywide
(JM)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Third Amendment to Agreement (R2003-1066) with JFK
Medical Center Limited Partnership (JFK) to extend the term of the agreement
for interoperable radio communications through the countywide common talk
groups of the County’s 800 MHz Radio System to July 14, 2015. SUMMARY: The Agreement, which provides the terms and
conditions under which JFK can program its radios and utilize the countywide
common talk groups for certain inter-agency communications expired on July 15,
2012. The Agreement provided for three
renewal options, each for a period of three years. Both parties must approve
the renewal option. JFK has approved a retroactive renewal to extend the term
of the Agreement to July 14, 2015. The renewal now requires Board approval. The
terms of the Agreement are standard and have been offered to all municipalities
and local branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. JFK is
required to pay all costs associated with the subscriber units and to comply
with established operating procedures for the System. The Agreement may be
terminated by either party, with or without cause. This Third Amendment retroactively renews the
term, updates the notice provisions, updates JFK’s name, modifies the provision
on access and release of programming codes, and provides for disclosure of
County Ordinance No. 2009-049 establishing the Office of the Inspector
General. Other than the changes set
forth herein, all other terms remain the same. (ESS) Countywide (JM)
4. Staff recommends
motion to approve: a First Amendment to Interlocal Agreement
(R2007-1108) with the Florida Forest Service, Florida Department of Agriculture
and Consumer Services (Forest Service) to extend the term of the agreement for
interoperable radio communications through the countywide common talk groups of
the County’s 800 MHz Radio System to July 9, 2017. SUMMARY: The Agreement, which provides the terms and
conditions under which the Forest Service can program its radios and utilize the
countywide common talk groups for certain inter-agency communications expired
on July 9, 2012. The Agreement provided
for three renewal options, each for a period of five years. Both parties must approve the renewal option.
The Forest Service has approved a retroactive renewal to extend the term of the
Agreement until July 9, 2017. The renewal now requires Board approval. The
terms of the Agreement are standard and have been offered to all municipalities
and local branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. The
Forest Service is required to pay all costs associated with the subscriber
units and to comply with established operating procedures for the System. The
Agreement may be terminated by either party, with or without cause. This first Amendment retroactively renews the
term, updates the notice provisions, updates the Forest Service name, modifies
the provision on access and release of programming codes, and provides for
disclosure of County Ordinance No. 2009-049 establishing the Office of the
Inspector General. Other than the
changes set forth herein, all other terms remain the same. (ESS) Countywide
(JM)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: a Second Amendment to Interlocal Agreement
(R2002-0886) as amended by (R2007-0953) with Florida Atlantic University (FAU)
to extend the term of the agreement for interoperable radio communications
through the countywide common talk groups of the County’s 800 MHz Radio System
to June 3, 2017. SUMMARY: The Agreement,
which provides the terms and conditions under which FAU can program its radios
and utilize the countywide common talk groups for certain inter-agency
communications expired on June 4, 2012. The Agreement provided for three
renewal options, each for a period of five years. Both parties must approve the renewal option.
FAU has approved a retroactive renewal to extend the term of the Agreement
until June 3, 2017. The renewal now requires Board approval. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. FAU is required to pay all costs associated
with the subscriber units and to comply with established operating procedures
for the System. The Agreement may be terminated by either party, with or
without cause. This Second Amendment
retroactively renews the term, updates the notice provisions, modifies the
provision on access and release of programming codes, and provides for
disclosure of County Ordinance No. 2009-049 establishing the Office of the
Inspector General. Other than the changes set forth herein, all other terms
remain the same. (ESS) Countywide (JM)
6. Staff recommends
motion to:
A) approve a County Quitclaim Deed in favor of the
State of Florida Department of Transportation (FDOT) for a vacant 0.20-acre
parcel of land, known as FDOT Parcel No. 200, located on Dr. Martin Luther
King, Jr. Boulevard/State Road 710 (MLK Blvd/SR 710) in the City of Riviera
Beach;
B) adopt a Resolution authorizing the conveyance of
FDOT Parcel No. 200 to FDOT;
C) approve
a County Quitclaim Deed in
favor of FDOT for a vacant 0.26-acre parcel of land, known as FDOT Parcel No.
202, located on MLK Blvd/SR 710;
D) adopt a Resolution authorizing the conveyance of
FDOT Parcel No. 202 to FDOT;
E) approve a County Quitclaim Deed in favor of FDOT for
a vacant 0.07-acre parcel of land, known as FDOT Parcel No. 214, located on MLK
Blvd/SR 710; and
F) adopt a Resolution authorizing the conveyance of
FDOT Parcel No. 214 to FDOT.
SUMMARY:
Several parcels of vacant land were acquired by the County along MLK
Blvd/SR 710 through tax deeds. The County conveyed these parcels to the City of
Riviera Beach and reserved an interest in mineral rights without rights of
entry or exploration. FDOT is in the
process of constructing a road widening and intersection improvement project
for MLK Blvd/SR 710 between Australian Avenue and Old Dixie Highway and is
acquiring these three parcels from the City. FDOT is requesting County
Quitclaim Deeds to release the County’s mineral reservations. The reservations are being released to FDOT
at no cost as this project will improve traffic circulation. (PREM) District
7 (HJF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: Change Order No. 7 to the contract with Catalfumo
Construction, Ltd. (R2007-1217) decreasing the Guaranteed Maximum Price (GMP)
for the Acreage Branch Library project in the amount of $1,086,431.81. SUMMARY: On December 21, 2010, the Board
approved Amendment No. 9 to the continuing services contract with Catalfumo
Construction, Ltd. (R2010-2095) in the amount of $10,271,408 for construction
management services to construct a new 30,000 square foot library. There is
$1,086,431.81 remaining as a result of buyout savings, unused allowances, unused
owner contingency and reconciliation of sales tax recovery purchase
orders. The project was funded through
the 22.3M GO 06 Library District Improvement Fund, the Library Expansion Fund,
and the Library Impact Fee Fund.
All savings will be returned to the Library Impact Fee Fund. The Small
Business Enterprise (SBE) goal for this contract is 15% and the final SBE
participation is 24%. Catalfumo Construction, Ltd. is a Palm Beach County firm.
(Capital Improvements Division) Countywide (JM)
8. Staff recommends
motion to approve: a Fourth Amendment to Lease Agreement (R2007-0395)
with Tallman, LLC, for the County’s continued use of 4,990 SF of indoor secured
vehicle storage space for the Palm Beach County Sheriff’s Office at an annual
rate of $84,000 ($16.83 per SF). SUMMARY: Since March 29, 2007, the County has leased
4,990 SF of indoor storage and 6,000 SF of paved outdoor storage within the
Murphy Towing Complex located at 6907 Southern Boulevard in unincorporated Palm
Beach County for the operation of both indoor and outdoor secured vehicle
storage for PBSO. Tallman, LLC, provides maintenance, repair and security of
the site, and delivers, places and moves up to fifty vehicles a month for PBSO
at no additional cost, while complying with PBSO evidence handling requirements
and the County’s Access to Critical Facilities Procedures. This Fourth
Amendment extends the term of the Lease Agreement for five years to March 28,
2018; provides for two extension options of one year each; deletes the 6,000 SF
outside storage area and reduces the Annual Rent from $95,793.22 to a fixed
rate of $84,000 and updates the County’s insurance liability coverage amounts
pursuant to State Statutes. (PREM) District
6 (HJF)
9. Staff recommends
motion to approve: a
Contract with Ahrens Enterprises, Inc. (d/b/a Ahrens Companies) in the amount
of $424,000 to construct a 80' x 80' metal pavilion at Water Utilities
Department’s Water Treatment Plant (WTP) No. 9 in Boca Raton. SUMMARY: The work consists of providing a new 80’ x
80’ pre-engineered metal pavilion that will provide housing for Water Utilities
piping stock, utility shut-off valves and maintenance equipment. Project will include utilities and site
modifications. The new pavilion will meet all current wind requirements with
the standing seam roofing having a 20 year warranty. The funding for this project is from water
utility user fees. This work was competitively bid with Ahrens Companies
submitting the lowest responsive, responsible bid. The goal for Small Business
Enterprise (SBE) participation is 15%. The SBE participation in this contract
is 15%. The total construction duration is 180 days. Ahrens Companies is a Palm
Beach County company. (Capital Improvements Division) District 4 (JM)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: a Lease Agreement with Wallace K. Lutz, Sr., and
Theresa C. Lutz, as Trustees of the Wallace K. Lutz, Sr. Revocable Living Trust
Dated October 8, 1991, for 1,050 SF of office space at 607 South Main Street in
Belle Glade for $10,500/year. SUMMARY: The Department of Community
Services’ Community Action Program (CAP) currently operates from a County-owned
building in South Bay that is in disrepair. Community Services wishes to
continue providing CAP services in the western communities and needs to
relocate. There is no other County space in this area which is available for
this program. A 1,050 SF office at 607
South Main Street, Unit 102, in Belle Glade that is adjacent to the Community
Services Department’s Migrant Program in Unit 103 suits the County’s and
community’s needs. The Lease term will commence April 1, 2013, and continue for
three years to March 31, 2016, with five extension options, each for one year
with one percent (1%) rent increases. The annual rent is fixed for the initial
three year term at $10,500 ($10.00/SF). Staff researched other available office
space meeting the program requirements of the CAP and determined that this
space is approximately $2/SF lower than rates quoted for other available space.
(PREM) District 6 (HJF)
11. Staff recommends
motion to approve: Amendment Number Eight to Lease Agreement
(R91-437-D) with Wallace K. Lutz, Sr., and Theresa C. Lutz, as Trustees of the
Wallace K. Lutz, Sr. Revocable Living Trust Dated October 8, 1991. SUMMARY:
The County, on behalf of the Department of Community Services’ Migrant Program,
currently leases 699 SF of office space at 607 South Main Street, Unit 103,
Belle Glade, as a satellite office. This Amendment extends the term of the
Lease for two (2) years from June 1, 2013, to May 31, 2015, at the current
rental rate of $7,366.80 ($10.54/SF). The Amendment also provides two extension
options each for a period of two years.
Rent during each option period will increase by two percent (2%). Staff researched other available office space
for lease and determined that the rental rate for this lease is approximately
$2/SF less than other available space.
Extending this Lease will avoid the cost and disruption associated with
a move and is in the best interest of the County. (PREM) District 6
(HJF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: reappointment of five members to the Public Art
Committee for a three year term:
|
Member |
Public Art Committee Seat |
Term |
|
Brian Cheguis |
Urban
Planner or Architectural Design professional |
3/12/2013 – 3/11/2016 |
|
Bill Nix |
Cultural Council of Palm
Beach County |
3/12/2013 – 3/11/2016 |
|
Cynthia Palmieri |
PBC
resident with significant visual art background |
3/12/2013 – 3/11/2016 |
|
Erica Ando |
PBC
resident with significant visual art background |
3/12/2013 – 3/11/2016 |
|
Jo Ellen Leisinger |
Landscape Architect |
3/12/2013 – 3/11/2016 |
SUMMARY: Palm Beach County Resolution No. 2009-1164
established terms for the members of the Public Art Committee. Each of the five
Committee members recommended for reappointment to the Public Art Committee are
being asked to serve another term to continue their involvement and to provide
expertise in advising the Commissioners as to: a) overall art policy and integration of artistic elements into the
planning, design and engineering process of County facilities; b) set the direction and conduct the
selection of all County works of art, whether loaned, donated or purchased, and
c) develop educational programs to
expand the traditional definition and perception of art and the benefit of
incorporating artwork into public design projects. Bill Nix of the Cultural Council serves on the Public Art
Committee. The Committee provides no regulation, oversight, management, or
policy-setting recommendations regarding the Cultural Council’s contracts. Brian
Cheguis of Cotleur & Hearing, Inc, serves on the Public
Art Committee and has a contractual relationship with the Department of
Facilities Development and Operations. The Public Art Committee provides no
regulation, oversight, management, or policy-setting recommendations regarding
the Cotleur & Hearing, Inc.’s contracts. Disclosure of the contractual relationship at a
duly noticed public meeting is being provided in accordance with the provisions
of Sect. 2-443, of the Palm Beach County Code of Ethics. (FDO Admin) Countywide (MJ)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
Amendment No. 003 to the Agreement (R2007-1024) with the City of Riviera Beach
to extend the expiration date from February 19, 2013 to August 29, 2014. Summary: On
June 19, 2007, the Board of County Commissioners approved a Grant Agreement
(R2007-1024) with the City of Riviera Beach in the amount of $124,000 under the
Development Regions Grant Program.
Funding was made available to three businesses (E-Z Weld, Inc., Fannie
Mae Tots, Inc., and Earl L. Pleasant Custom Ceramic Tile) to create eight
full-time equivalent jobs, retain 29 full-time equivalent jobs, and maintain
these jobs for a period of 24 months.
The first two businesses have completed their projects and have met
their obligations. Due to the economic
downturn and difficulty in obtaining financing, Earl L. Pleasant Custom Ceramic
Tile, was only able to create their required three full-time equivalent jobs as
of August 1, 2012. This Amendment
provides a time extension to enable this business to meets its 24-month job
maintenance requirement which will end on July 31, 2014. This funding is
projected to create twenty-five jobs and have a five year Economic
Sustainability Impact of $4,165,000. These are ad valorem funds. (Strategic
Planning) District 7 (DW)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC SUSTAINABILITY
(Cont’d)
2. Staff recommends
motion to approve:
A) a Budget Amendment
allocating $395,053 to the State Housing Initiatives Partnership (SHIP) Program
budget for Fiscal Year 2012-2013; and
B) a technical
revision to the Local Housing Assistance Plan (LHAP) to increase the maximum
amount of replacement housing from $108,000 to 95 percent of Housing and Urban
Development median sales price for Palm Beach County, currently $215,000.
Summary: Palm
Beach County received an allocation of $395,053 in funding from the Florida
Housing Finance Corporation to administer the SHIP Program’s various affordable
housing programs and other related activities.
In the past four years (Fiscal Years 2009-2010, 2010-2011, 2011-2012 and
2012-2013) the County’s annual funding allocation was $1,988,773. This allocation
reflects a statewide reduction of $33.8 million for the Program from prior
funding years. The reduction in funding
has severely limited staff’s ability to administer the program and adhere to
annual monitoring requirements. This allocation will be used for existing
housing strategies, eligible program delivery costs, and administrative costs. Additionally,
a technical revision to the LHAP Replacement Housing strategy to provide a
higher maximum replacement cost. The cost to demolish and replace an existing
home has increased substantially since the original policy limits were
established. The Replacement Housing limit shall increase from $108,000 to 95
percent of median sales price, currently $215,000. These are State SHIP funds which require no local match. (FALS) Countywide
(TKF)
3. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2011-2029) with
the City of Pahokee extending the expiration date from December 31, 2012 to
September 30, 2013. Summary: On December 20, 2011, the County entered into
an Agreement (R2011-2029), as amended by Amendment No. 001 (R2012-0439) on
March 20, 2012, with the City of Pahokee to provide $109,439 in Community
Development Block Grant (CDBG) for activity delivery costs for the processing
of files related to housing rehabilitation and demolition of dilapidated structures. The time extension will allow the City to
continue processing housing rehabilitation and demolition files. These are Federal CDBG funds which
require no local match. (DES Contract Development) District 6
(TKF)
4. REVISED SUMMARY: Staff
recommends motion to approve: an Agreement with Pratt & Whitney, a division of United
Technologies Corporation, for an Ad Valorem Tax Exemption not to exceed
$700,000 over a seven year period and a Job Growth Incentive (JGI) Grant not to
exceed $300,000 over a four year period.
Summary: On October 16, 2012, the Board of County Commissioners conceptually
approved (R2012-1590) an Ad Valorem Tax Exemption and the Job Growth Incentive
totaling $1 million to Pratt & Whitney.
The Agreement requires Pratt & Whitney to make a minimum $63 million
capital investment, create 230 new jobs over a ten year period at an average
annual salary of $81,110 and maintain the created jobs for five years following
the job creation period. Award of the Ad
Valorem Tax Exemption is contingent upon the determination that the project
meets the requirements under Florida Statute 196.012 for an Ad Valorem Tax
Exemption. The Company has been offered $3.4 million in State funding. This funding is projected to have a five
year economic impact of $225 million. The budget transfer and amendment
were conceptually approved on October 16, 2012 July 24, 2012.
Funding will come from General Fund Contingency Reserves. District 1 (DW)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: A) reappointment of one member; and B)
appointment of one new member to the Building Code Advisory Board:
Reappoint
Member
Seat Requirement Nominated By Term
Doug Wise
2 Building
Official, BOAPBC 3/12/13-12/03/15
District
2
Appoint
Nominee Seat Requirement Nominated By Term
Roger Held 1 Building Official BOAPBC 3/12/13-1/10/14
District
1
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for board members is three years; with no limit to
the number of terms a member may serve. The Building Official’s Association of
Palm Beach County has nominated Doug Wise and Roger Held. Doug Wise is
currently serving on the Board in Seat 2; effective January 1, 2013 he is
representing Palm Beach County as their Building Official. Roger Held is
completing the term of Steven Kennedy upon his resignation. The Board is
comprised of sixteen members; composed of seven Building Officials, one from
each commission election district; seven members appointed from nominees
submitted by the Construction Industry Management Council of Palm Beach County;
one registered architect appointed from nominees submitted by the Palm Beach
Chapter of the American Institute of Architects; and one professional engineer
appointed from nominees submitted by the Palm Beach Chapter of the Florida
Engineering Society. Countywide (SF)
2. Staff recommends
motion to approve: reappointment
of one member to the
Construction Board of Adjustments and Appeals:
Nominee Seat Requirement Nominated
By Term
Ronnie Dixon 5 Engineer FES 3/12/2013- 3/11/2017
SUMMARY: Palm Beach County Ordinance 89-31 created
the Construction Board of Adjustment and Appeals. The Florida Engineer Society
has nominated Ronnie Dixon for a term of four years. Mr. Dixon has previously
served on the board. Per Palm Beach County Ordinance 2012-006, as amended, Palm
Beach County Amendments to the Florida Building Code, 2010 Edition the Board is
comprised of nine members. One architect; one engineer; one general contractor;
one electrical contractor; one HVAC contractor; one plumbing contractor and any
other contractor licensed category. In
addition to these members, there should be two alternate members, one member
with the qualifications referenced above and one member at large from the
public. Countywide (SF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: Closing documents relating to the recent
utility system transfer with the Village of Palm Springs. Summary: On July 19, 2011, the Board approved the
Interlocal Agreement (County Resolution No. R2011-1103) with the Village of
Palm Springs (Village) for Utility
System Transfer (Transfer Agreement) and authorized the Chair of the Board of
County Commissioners to execute any and all documents necessary to carry out
the closing of the utility system transfer with the Village. The Transfer Agreement transfers certain
portions of the County’s and Village’s utility service areas and associated
assets in order to achieve a more efficient overall provision of service to
customers of both systems. On or about
October 3, 2012, the Chair and the Village’s Mayor executed the closing
documents. The documents are now being
submitted to the Board to receive and file into the public record. District
3 (MJ)
2. Staff recommends
motion to approve: Work Authorization No. 10 with Globaltech, Inc. (R2012-0159)
for Water Treatment Plan No. 2 (WTP 2) Wellfield Backup Power Improvements in
the amount of $716,189.09. Summary: Work Authorization No. 10 will replace power
supply system for seven wells and install new remote telemetry units (RTU's) at
six wells. The electrical cables from
WTP 2 to Wells 9, 10 and 11 are over 30 years old and need replacement. In addition, four existing potable water
wells will be connected to the WTP 2 emergency generator and will then utilize
the lower Florida Power & Light Commercial Industrial Load Control rates.
The Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall.
The contract with Globaltech,
Inc. provides for SBE participation of 75% overall. This Authorization includes 100% overall
participation. The cumulative SBE
participation, including this Work Authorization, is 85.94% overall. Globaltech
is a Palm Beach County and Certified SBE Company. (WUD Project No. 12-005) District
2 (JM)
3. Staff recommends
motion to receive and file: executed Agreements received during the
month of November 2012:
A) Indemnity
Agreement with HTG Palm Beach, II, LLC, No. 02-01085-001.
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 document 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 are
now being submitted to the Board to receive and file. District 2 (MJ)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff
recommends motion to approve: Work Authorization No. 21 to Johnson-Davis,
Inc., under the Water Utilities Department (WUD) Continuing Construction
Contract (R2010-1423) for Pioneer Road Sanitary Sewer Extension in the amount
of $230,059.31. Summary: On September 14, 2010,
the Palm Beach County Board of County Commissioners approved WUD's
Continuing Construction Contract (R2010-1423) with Johnson-Davis, Inc. The
project consists of the installation of approximately 360 linear feet of
sanitary sewer mains, three manholes, 18 service connections, 325 linear feet
of force main and a new lift station. Funding for this project has been
allocated by Palm Beach County's Department of Economic Sustainability and
funded under Community Development Block Grant (CDBG). WUD will manage the
project for the Town of Mangonia Park and receive reimbursement from the
grant. These
are Federal FY 2012-13 CDBG funds that require no local match. The
project will be constructed utilizing a Work Authorization under the WUD
Continuing Construction Contract with Johnson-Davis, Inc. (R2010-1423). The
Small Business Enterprise (SBE) participation goal established by the SBE
Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc.
provides for SBE participation of 15%. This Work Authorization includes 20.36%
overall participation. The cumulative SBE participation including this Authorization
is 15.69% overall. (WUD Project No. 13-010) District 7 (JM)
5. DELETED:
Staff recommends motion to approve: Consent
to Lake Discharge Agreements with the following:
A) Boca Springs Association, LLC.;
B) Boca Country Estates Homeowners Association,
Inc.;
C) Boca Heights Property Owners Association, Inc.;
and
D) Meadow Lake at Boca Raton Homeowners Association,
Inc.
Summary: Palm
Beach County Water Utilities Department (County) has obtained a Diversion and
Impoundment Permit from South Florida Water Management District to divert water
from the Hillsboro Canal to certain bodies of water located in the vicinity of
existing County owned potable water supply wells for recharge during the dry
season. The County will divert the canal
water into the lake systems at its discretion and does not guarantee the
quality and quantity of water that may be diverted, or the timing/duration of
the diversion. There is no cost to the
homeowner associations for the diversion of canal water into their lake
systems. No new infrastructure is necessary. (WUD No. 04-218A) District 5
(MJ)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Grant
Agreement FWC-12103 with the Florida Fish and Wildlife Conservation Commission
(FFWCC) to provide up to $60,000 pass-through Federal funding for constructing
Boynton Inlet site artificial reef by August 21, 2013, starting upon execution
of the agreement and expiring August 31, 2013;
B) approve Budget Amendment of $60,000 in the Environmental Enhancement Saltwater
Fund, including a transfer from Reserves of $80,000 for a total of $140,000 in
project funding for the Boynton Inlet artificial reef site;
C) adopt Resolution
authorizing the Clerk of the Board to disburse $80,000 from the Vessel
Registration Fee Trust Fund to cover matching funds for this artificial reef
project; and
D) authorize the County Administrator, or his designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
this grant, and necessary minor amendments that do not change the scope of
work, terms or conditions of this grant.
SUMMARY: This FFWCC
Grant Agreement will reimburse the County up to $60,000 for placing about 850
tons of limestone boulders at Boynton Inlet artificial reef site. Estimated
total project cost is $130,000. The
Resolution and Budget Transfer from County Vessel Registration Fees, a non-ad
valorem source, will cover the County’s $70,000 matching cost share (54%) for
the project and $10,000 for contingencies. District 4 (SF)
2. Staff recommends
motion to:
A) approve a renewal to the Contract retroactively
extending Florida Atlantic University’s consulting contract in the
not-to-exceed amount of $58,200 for digitizing and analyzing nearshore coastal
aerials county-wide in association with shoreline protection projects; and
B) authorize the County Administrator or his designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with the Contract, and necessary minor amendments that do not
change the scope of work or terms and conditions of the Contract.
SUMMARY: The original Contract was approved May 19,
2009 (R2009-0860) to provide an automated means of digitizing aerial
photographs for mapping nearshore reef resources to meet permit and project
design requirements. The Contract expired November 30, 2011. This extension
will expire August 31, 2013. Though Florida Atlantic
University, with their extensive Geographic Information System expertise, has developed an
automated methodology that will significantly accelerate the work, completing
and proofing the backlogged aerials required more time than anticipated.
The digitizing work has been completed, but the trend analyses and comparisons
will require additional time. Funding for this Contract is supported by Tourist
Development taxes and South Lake Worth Inlet District residual balance. Countywide
(SF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to receive and file: two original documents:
A) Project Agreement Amendment to the Jupiter Ridge Shoreline Restoration Project
(PB-10-147) with the Florida Inland Navigation District (FIND) deletes
paragraph two and replaces it with a new project completion term of September
1, 2013 and payment reimbursement requirement due on or before September 1,
2013; and
B) Amendment No. 1 to the Florida Department of Environmental Protection
(DEP) Agreement No. S0581 revises the completion date in Section (I) from
December 28, 2012 to December 28, 2013.
SUMMARY:
On May 18, 2010 (R2010-0784) the Board of County Commissioners approved
FIND Project Agreement No.PB-10-147 to the Jupiter Ridge Shoreline Restoration
Project. Delegation of authority to sign
all future time extensions, task assignments, certifications, and other forms
associated with this project agreement was approved on May 25, 2010 pursuant to
PPM No. CW-O-051.
On January 24, 2012 (R2012-0163) the Board of County Commissioners
approved DEP Agreement No. S0581 for the management and preservation of the
Cypress Creek Natural Area in order to receive Florida Forever Revenue Bond
proceeds. Delegation of authority to
execute all documents in connection with this agreement was approved on January
25, 2012 pursuant to PPM No. CW-O-051. Countywide
& District 1 (SF)
4. Staff recommends
motion to approve: Contract Amendment No. 1 with the Loggerhead
Marinelife Center (LMC) of Juno Beach for a not-to-exceed amount of $86,069.50
for two years of sea turtle monitoring services for the Coral Cove Dune
Restoration Project in Tequesta. SUMMARY: Environmental permits issued by the
Florida Department of Environmental Protection (DEP) require monitoring to
assess the impact of dune restoration on sea turtles. The LMC currently conducts similar sea turtle
monitoring in Jupiter and Juno Beach on behalf of the County (R2012-0342). The Contract is funded by tourist development
taxes. The Amendment includes standard tasks that total $81,113.50 and optional
tasks which total a not-to-exceed amount of $4,956. Upon execution by both parties, the Amendment
is retroactive to March 1, 2013 and does not change the December 31, 2014
expiration date of the existing Contract. Delegation of authority to sign all
future time extensions, task assignments, certifications, and other forms
associated with this contract that do not change the scope of work or terms and
conditions of the contract was approved March 6, 2012, pursuant to PPM No. CW-O-051. District 1 (SF)
5. Staff recommends
motion to approve: the Reading into the records for compliance
with Florida Statutes 287.055 (Public Announcement in a uniform and consistent
manner) the Notice of Professional Services Required (Notice) for coastal and
marine engineering consultant services for various projects on an annual basis,
and to authorize the advertisement for professional services. SUMMARY: The consultants will provide professional
coastal and marine engineering services on a task order basis for various
projects within the Department of Environmental Resources Management and other
departments. The Board’s approval of the Notice will
start this process, which will result in the County
entering into annual contracts with up to four consultants to provide these
services. Countywide (JM)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends
motion to:
A) approve
Cooperative Agreement with the South Florida Water
Management District (District) for the collection and analysis of water quality
data in the Lake Worth Lagoon (LWL); and
B) authorize the County Administrator or his designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with the Agreement, and necessary minor amendments that do not
change the scope of work or terms and conditions of the Agreement.
SUMMARY: The five year Agreement outlines the
cooperative process in which Palm Beach County Environmental Resources
Management (PBCERM) will collect surface water quality samples and associated
field parameters at 14 stations in the LWL.
The District shall analyze the samples and post the data on the
District’s data base, DBHYDRO. Countywide (SF)
7. Staff recommends
motion to adopt: a Resolution establishing a penalty schedule and the
imposition of fines by way of a written ticket as an efficient alternative to
the current method of arrest and court appearance for minor violations of
County Ordinance 94-13, as amended. A ticket may be issued by law enforcement
officers including deputies of the County’s Wildlands Task Force of the Palm
Beach County Sheriff’s office. The existing method of arrest and court
appearance will continue to be used for major violations of the Ordinance. SUMMARY: Ordinance 94-13 (aka Chapter 11, Article Xl
of the County Code) was amended by the Palm Beach County Board of County
Commissioners (BCC) on September 13, 2011 (Ord. 2011-021). It provides for the regulation of activities
occurring within County-managed natural areas and approves multiple methods of
enforcement, including the issuance of fines to be imposed for violations of
the Ordinance. To issue the fines, a fine schedule must be established.
Approval of this Resolution will establish the fine schedule and the form of
the written citation to be issued. Countywide (SF)
8. Staff recommends
motion to approve: A) reappoint one member and B) appoint one new member to the
Groundwater and Natural Resources Protection Board (GNRPB) for a term of three
years beginning March 12, 2013, through March 11, 2016:
Reappoint
Nominee Representing Seat
No. Nominated By
Art
Cobb Citizen of PBC
5 Commissioner
Taylor
Commissioner
Burdick
Commissioner
Abrams
Appoint
Nominee Representing Seat
No. Nominated By
W.
Mason Attorney licensed
to
2 Palm Beach County
practice in Florida Bar Association
SUMMARY: Ordinance
92-20, as amended, and Article 2.G.3.F.3 of the
Unified Land Development Code (ULDC) provide for a seven member GNRPB. The
membership consists of one professional engineer, one attorney, one hydrologist
or hydrogeolgist, one a citizen
possessing expertise and experience in managing a business, one (1)
biologist or chemist, one citizen of Palm Beach County, and one member of an
environmental organization. Ordinance 92-20 and Article
2.G.3.F.3. of the ULDC requires Seat No. 5 to
be filled by a citizen of Palm Beach County and Seat No. 2 to be filled by an
attorney licensed to practice in Florida. No other nominations were received. Countywide
(SF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Authorized Provider Agreement
with the American National Red Cross (Red Cross) to allow properly certified
Parks and Recreation Department employees to teach Red Cross courses at County
facilities for the period of March 12, 2013, through March 11, 2016. Summary: The Parks and Recreation Department’s Aquatics
and Recreation Services Divisions utilize the Red Cross safety services courses
to certify lifeguards, teach swimming lessons, and train staff to teach
instructor level safety services courses. The Agreement requires the Department
to ensure that instructors maintain the appropriate Red Cross certifications
for courses being taught, operate in accordance with Red Cross policies, pay
the provider fees associated with the courses taught, and properly submit
course records to the Red Cross. The Red Cross will provide course materials,
certifications for courses and access to the Red Cross electronic resources. Countywide
(AH)
2. Staff recommends
motion to approve: Budget Transfer of $130,000 within Park Impact Fees
Zone 2 from Reserves to the Lake Lytal Park Improvements Phase 2 project. Summary: This budget transfer will provide the funding
necessary to expand parking lot lighting at Lake Lytal Park. The current estimated capital cost of the new lighting is $130,000, and
includes design, engineering, permitting, purchase, and installation of fifteen
additional light poles. Funding for this budget transfer is from the
Park Impact Fees Zone 2 reserve. District 2 (AH)
3. Staff recommends
motion to receive and file: the following original executed Sound and
Light Production Services Contractor Agreement:
City Sound and Recording LLC; Rock &
Blues concert featuring The Fabulous Fleetwoods, Sunset Cove Amphitheater, on
January 25, 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. The Sound
and Light Production Services 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 2009-0592, amended by Resolution 2010‑0645,
and is now being submitted to the Board to receive and file. District 5 (AH)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: the following
original executed Entertainment Contractor Agreements for community events:
A) Paul Saca, Viva Classic Rock concert;
Canyon Town Center Amphitheater, on
January 12, 2013; and
B) Peter
Noble, The Fabulous Fleetwoods concert; Sunset Cove Amphitheater, on
January 25, 2013.
Summary: The Parks and Recreation Department produced two popular cultural events
at our Canyon Town Center and Sunset Cove Amphitheaters. These events were attended by an estimated 600
people and generated positive support and goodwill for the County. In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File agenda item. The Entertainment Contractor Agreements have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 2008-1109, amended by
Resolution 2010‑0644, and are now being
submitted to the Board to receive and file. District 5 (AH)
5. Staff recommends
motion to receive and file: executed
Independent Contractor Agreements received during the month of January:
A) Mary Lou Putnam, Water Aerobics Instructor, North County Aquatic
Complex, for the period January 26, 2013, through September 30, 2013;
B) Caullett CMAA, Inc., Karate Instructor, Westgate Recreation Center, for
the period February 22, 2013, through April 19, 2013; and
C) Caroline Andre, Cheerleading Instructor; Westgate Recreation Center,
for the period February 11, 2013, through April 13, 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.
These Independent Contractor Agreements have been fully executed on
behalf of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409, and 2012-0168, and are now being submitted to the Board
to receive and file. Districts 1 & 7 (AH)
6. Staff recommends
motion to approve: Work Order No. PR 81237 in the amount of
$239,125 to repair storm damage on Peanut Island caused by Hurricane Sandy
utilizing the Annual Pathway and Minor Construction Contract R2011-1684 with
Wynn & Sons Environmental Construction, Inc. Summary: Approval of this Work Order No. PR 81237,
Annual Contract No. 2012053, will provide the contractual services necessary to
repair Hurricane Sandy storm damage on the southeast side of Peanut
Island. The proposed work will stabilize
the shoreline with the installation of riprap and the relocation of sand from
the interior of the Island (Port of Palm Beach stockpile). The existing brick paver sidewalk will be
relocated further west to protect it against future storms. Per County PPM CW-F-050, this work order
exceeds the threshold relating to staff approvals of contracts, thus requiring
the Board of County Commissioners’ approval. Districts 1 & 7 (AH)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) receive and file Grant Agreement in the amount of $1,129,821 awarded
by the Florida Department of State, Division of Library and Information
Services for FY 2013 State Aid to Libraries; and
B) approve a Budget Amendment of $101,199 to increase
the County Library Fund to reconcile the State Aid to Libraries Grant Budget to
the actual award amount.
SUMMARY: The
Application was approved and the Agreement was signed by the Board of County
Commissioners on September 11, 2012 (R2012-1290). Notification of the award was issued on
January 31, 2013. The State provides an
annual operating grant to eligible libraries based upon their annual operating
expenditures from local funds. Estimated State Aid revenue was included in the
County Library’s FY 2013 budget. Countywide (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: Agreement with Riviera Beach Community Redevelopment
Agency (CRA) for an amount not to exceed $10,000 as start-up funding for a new
GreenMarket located within the municipal boundaries of the City of Riviera
Beach. SUMMARY: CRA will operate a
seasonal GreenMarket in Riviera Beach, which will provide outlets for 40 small
growers and businesses from November through March each season. This Agreement
will help assist CRA with start-up funding to operate the GreenMarket, since
this will be CRA’s first year of operating a GreenMarket within the City of
Riviera Beach. Funding for the GreenMarket in an amount not to exceed $10,000
is available from the Agricultural Economic Development program funds. District 7 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. REVISED TITLE: Staff
recommends motion to receive and
file: executed Agreements received during the months of
August and November 2012:
A) Memorandum of Agreement
with the Florida Department of Juvenile Justice for data sharing,
approved on August 28, 2012 (Countywide);
B) Seventh Amended and Restated Interlocal
Agreement with the City of Belle Glade for the Youth Violence Prevention
Project (YVPP), approved on November 26, 2012, (District 6); and
C) Interlocal Agreement with the City of Riviera
Beach for the YVPP, approved on November 26, 2012, (District 7).
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. These documents have been fully
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator/Executive Director of the Criminal Justice Commission in accordance
with Resolutions R2012-1134, R2012-1133 and agenda item 3Q-3 from August 28,
2012, and are now being submitted to the Board to receive and file. Countywide
(PGE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends
motion to approve: appointment of the following individuals to the
Criminal Justice Commission for the period March 12, 2013, through December 31,
2015:
Appoint Nominee Seat No. Term to Expire Nominated By:
Mr.
Barry Krischer 24 12/31/15 Economic
Council
Ms.
Christina Morrison 26 12/31/15 Economic
Council
SUMMARY: The Criminal Justice
Commission is comprised of 33 members including elected officials and
representatives from private and public sectors. The 12 private sector
members are nominated for three-year terms by the Economic Council of Palm
Beach County, Inc. and appointed by the Board of County Commissioners.
The Council has nominated Mr. Barry Krischer and Ms. Christina Morrison for
appointment effective March 12, 2013. Countywide (PGE)
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: one fully executed Interlocal Agreement with Palm Beach State College
(College) for the provision of professional development training services
provided by the College to Palm Beach County Fire Rescue employees. SUMMARY:
One Interlocal Agreement relating to the provision of fire rescue training and
instructional services by the College to the County was executed by the
Purchasing Director on January 23, 2013, pursuant to the authority granted by
Section 2-53(d), Palm Beach County Code. This fully executed agreement is being
submitted as a receive and file agenda item for the
Clerk’s Office to note and receive in
accordance with Section 163.01(11) F.S., which requires the filing of interlocal
agreements. Countywide (SB)
2. Staff recommends
motion to receive and file: four original standard agreements for the
Fire Rescue Department:
A) Independent Contractor Agreement for
Swimming Lessons with Small Fish Big Fish Swim School, LLC; and
B) Interlocal Agreement for Swimming Lessons with the City of Palm Beach
Gardens; and
C) Interlocal Agreement for Swimming Lessons with the City of Boynton Beach;
and
D) Interlocal Agreement for Swimming Lessons with the City of Delray Beach.
SUMMARY: On
September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing
the County Administrator, or his designee (the Fire Rescue Administrator) to
execute standard agreements with municipalities and independent contractors to
provide swimming lessons to members of the public through the Palm Beach County
Drowning Prevention Coalition’s Learn to Swim Program. Pursuant to Countywide
PPM CW-O-051, four standard County agreements that have been executed by the
County Administrator, or his designee (the Fire Rescue Administrator) are being
submitted as a receive and file agenda item for the
Clerk’s Office to note and receive. Countywide (PK)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: 3rd Maintenance Services Schedules to the Master Services Agreement with
AT&T (R2009-1055) for maintenance in the amount of $214,247 and for the
purchase of equipment and other services pertaining to the County’s Meridian
telephone systems not to exceed $20,000, for a total amount not to exceed of
$234,247 for the period February 1, 2013 through February 1, 2014. SUMMARY:
These 3rd Maintenance Services Schedules provide quotes for the
maximum cost of maintenance services, purchase of telephone equipment and other
PBX-related services for the Meridian telephone systems located at the Judicial
Center Complex and Airport Center. AT&T has offices in Palm Beach County. Countywide
(PK)
2. Staff recommends
motion to approve: an Interlocal Agreement with the School Board of Palm Beach County
(School Board) that institutes a formal process whereby Palm Beach County
(County) may submit a request to install, at no cost to the County, wireless
antenna on towers owned by the School Board. SUMMARY: This
Interlocal Agreement will institute a formal process whereby the School Board
can review, on a case-by-case basis, the County's request to place antenna(s)
on specific School Board ITV towers. The
antennae may also be used for broadband connectivity for the School Board, for
Digital Divide projects or broadband connectivity for County projects.
Each antennae placement request will require the review and approval by School
Board staff for building and code compliance, technical and real estate
requirements. Countywide (PFK)
3. REVISED TITLE & SUMMARY: Staff
recommends motion to:
A) approve Interlocal Agreements rescinding and replacing existing
Agreements, as amended for various ISS services with the following
organizations: Martin County
(R2010-1725); City of
Delray Beach (R2010-1446 and R2008-1796); City of Boynton Beach (R2010-0110); City of Palm Beach Gardens
(R2008-1937 and R2011-1417); and the Town of Jupiter (R2008-1938). These
revisions remove non-applicable language pertaining
to the fee structure referenced in the original Agreements and adjust fees
applicable to the City of Palm Beach Gardens and Martin County; and
B) authorize the County Administrator
or his designee, ISS Director, to approve and execute Task Orders associated
with these services up to maximum total revenue of $50,000 per Task Order.
SUMMARY: The
above referenced organizations have existing network service agreements with
Palm Beach County. These agreements were
the subject of an internal audit which determined the original agreements
included an erroneous clause stating network service fees would be adjusted
annually based on the ISS Cost Allocation Plan.
This was some holdover language from a predecessor agreement with the
Palm Beach County School District which was never intended to apply to the
agreements with these four five organizations. Accordingly, this language has been removed
from the revised agreements. The agreements have also been revised to reference
other changes as follows: additional
network services to be provided for the City of Delray Beach’s Digital Divide
Project; expansion of network services to include the Palm Beach Gardens Golf
Facility which will increase annual revenues to the County by $1,800; and a
reduction of $7,200 in fees charged to Martin County as the connectivity will
now be used exclusively to enable cooperative network services that benefit
both Palm Beach and Martin County emergency dispatch services. No changes
in fees are proposed for either Boynton Beach or Jupiter. All of the original
services provided by ISS, as identified in the Background and Justification
section, will continue with these new Agreements. Countywide (PFK)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
W. PUBLIC AFFAIRS
1. Staff recommends
motion to approve: an Interlocal Agreement with the Village of
Wellington (Wellington) for Palm Beach County Channel 20 to provide production
staff for recording, broadcasting, and other production services as required to
Wellington. Total annual billings to Wellington shall not exceed $15,000. SUMMARY: This Interlocal Agreement
provides for the conditions under which Palm Beach County Channel 20 will
provide production staff for recording, broadcasting and other production
services to Wellington on an on-going basis until terminated by the parties.
The broadcasts are to be carried on Wellington’s channel, not Palm Beach County
Channel 20. Billings are based on actual
payroll hours and equipment usage utilizing predetermined rates that are
subject to annual adjustment in accordance with Channel 20’s approved budget.
The term of the Agreement is from the date of execution for a period of ten
years, or until such time it is terminated by either party upon 30 days written
notice. District 6 (MJ)
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A) approve the Norton Progressive After School Arts
Community Education (PACE) Agreement Form for the period FY 2012 through FY
2013 to provide after school arts community education for at-risk youth
attending the Highridge Family Center at no cost to the County; and
B) authorize
the County Administrator or his designee to execute any future Agreements,
or amendments with the Norton Museum of Art for educational art classes or
programs at the Highridge Family Center on behalf of the Board of County
Commissioners.
SUMMARY: Highridge Family Center has been selected
by the Norton Museum of Art as one of four sites to participate in the PACE
program for the FY 2012-2013. The PACE program provides free
weekly art classes to at-risk youth by a local professional artist. In exchange
for art classes conducted at Highridge, County staff must assist with the
annual assessment of the program and the instructing artist, as well as be
responsible for the general maintenance and cleaning of the meeting room. There are no costs associated with this
Agreement. Countywide (PGE)
2. Staff recommends
motion to receive and file: the
executed Modification No. 1 to Subgrant Agreement (Contract Number:
13-FG-86-10-60-01-117), a Federal Emergency Management Performance Grant
Agreement-Federal for $236,844 with the State of Florida, Division of Emergency
Management (FDEM), to remove and replace Attachment C (Program Conditions) of
the grant agreement from the current contract for the period of July 1, 2012
through June 30, 2013. SUMMARY: The Emergency Management Performance
Grant-Federal (EMPG) is an annual grant that the Public Safety Department’s Division
of Emergency Management receives to enhance and improve emergency management
plans and programs of the County, consistent with the State Comprehensive
Emergency Management Plan and Programs and provide operational support to
maintain state required programs. The grant will be used to further enhance
emergency planning, response, mitigation and recovery in the County. Attachment
C - Subsection Two has been revised to reflect more rigorous standards for each
EMPG funded position regarding their level of training and the exercises
attended each grant year. Resolution No. R2012-1731
authorizes the County Administrator or his designee to execute certain
operational agreements with FDEM. Countywide (PGE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to receive and file: an executed Contract with American Red
Cross – Palm Beaches/Treasure Coast Region (ARC) to provide
planning, facilitation, support, and after action review of a half day
shelter functional exercise in the amount of $25,000 for the period December 1,
2012, through March 30, 2013. SUMMARY: The County was awarded $126,250
from the U.S. Department of Homeland Security 2010 Grant through the Fort
Lauderdale Urban Area Security Initiative (UASI) for Citizen Corps projects.
Through a selection process and discussion with the Palm Beach County Citizen
Corps Council a motion and approval was made by the Palm Beach County Citizen
Corps Council for the County to provide $25,000 of this grant funding to the
ARC to plan, facilitate, support and provide an after action review for the
Citizen Corps half day shelter functional exercise. As part of this agreement
ARC will pay all fees associated with the execution of this exercise to include
reimbursement of school police, registration staff, exercise materials, etc. This
project will provide the third phase in a four year plan for Citizen Corps
partners to bring teams together and exercise. Resolution R2006-2669 authorizes
the County Administrator or his designee to execute standard UASI agreements
and sub-grant agreements with various governmental and private agencies on
behalf of the Board of County Commissioners. No County matching funds are required. Countywide (PGE)
4. Staff recommends
motion to:
A) ratify the signature of the Mayor on a Grant Agreement
with the American Society for the Prevention of Cruelty to Animals in the
amount of $7,000 for the period November 29, 2012, through May 29, 2013, for the
care of fourteen horses seized on November 7, 2012; and
B) approve a Budget Amendment of $7,000 in the General
Fund to recognize the actual grant award.
SUMMARY: This Grant Agreement provides $7,000
designated for medical care, food, and supplies for the care of fourteen horses
seized after a cruelty investigation by Palm Beach County’s Animal Care and
Control (ACC) Division on November
7, 2012. Based on the condition of the
horses, expenses for medical care, food and supplies will exceed $3,000 for each
horse with an approximate length of stay of three months or more at ACC. No County matching funds are required for
this grant. The Grant Agreement provides that the laws of the State of New York
govern the agreement and that venue for any litigation concerning the agreement
shall be in the State of New York. Countywide (SF)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
5. Staff recommends
motion to:
A) approve the
Office of Juvenile Justice and Delinquency Prevention FY 2013 Application for
the period October 1, 2013, through September 30, 2016, in an amount of
$733,198 for the Family Drug Court Program; and
B) authorize the County Administrator or his designee to
execute all related documents and contracts for Palm Beach County’s Family Drug
Court Program enhancement grant and to execute all necessary forms, documents
including electronic submission and acceptance of grant application as required
by the U.S. Department of Justice, Office of Juvenile and Delinquency
Prevention.
SUMMARY: The Division of Justice Services of the Public Safety Department has
operated a Family Drug Court since October 2009 through an implementation grant
awarded by the U.S. Department of Justice, Office of Juvenile Justice
Delinquency Prevention. The Division is
requesting approval to submit a new enhancement grant application for this
program. The enhanced program will support the Family Drug Court and will
provide the added services of an Outpatient Treatment Life Coach. If awarded,
the total grant income will be $549,898. There is a total match requirement of $183,300
which is twenty-five percent of the grant being
applied for. The County match requirement will be met by providing staffing
support from the Department of Public Safety, Division of Justice Services
Director, Court Services Manager and a Financial Analyst in the amount of
$102,424.10. An in-kind match is also being met by staff support provided by
the 15th Judicial Circuit Chief Deputy Court Administrator in the
amount of $80,875.90. Countywide (PGE)
AA. PALM
TRAN
1. Staff
recommends motion to:
A) adopt
a Resolution authorizing the sale, conveyance and transfer of two 2001 and three 2002 Gillig Low Floor buses, that have reached their useful life to Sarasota County, provided
that the Federal Transit Administration (FTA) approves the transfer; and
B) approve an Agreement regarding the sale, conveyance, and
transfer of two 2001 and three 2002 Gillig Low Floor buses to Sarasota County, Florida.
SUMMARY: Palm Tran needs to dispose of two 2001 and three 2002 Gillig Low Floor buses. These buses have reached
their useful life and may be transferred to another FTA grantee with FTA’s
prior approval. The heavy-duty buses
used by Palm Tran have a useful life of 500,000 miles or 12 years of
service. On average, these buses reach
500,000 miles in 9 1/2 years. Keeping
these buses in heavy duty service after reaching useful life has proven
unproductive and costly for Palm Tran, and very inconvenient for our customers
due to more frequent breakdowns because of engine, electrical or air
conditioning failure. Other transportation agencies offering shorter routes and
needing light duty vehicles can retrofit these vehicles and use them for an
average of three to five years while they test new service. Sarasota County, an
FTA grantee, has approached Palm Tran and expressed its desire to acquire these
buses. Sarasota County has affirmed that
it is an entity qualified and eligible to receive a conveyance of personal
property from Palm Beach County in accordance with the requirements of Section
125.38, F.S., and that it desires to use the buses for the public or community
interest and welfare. These buses were
purchased using 100% Federal funds. Countywide (DR)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
2. Staff recommends
motion to approve:
appointment of two At-Large members to the Palm Tran Service Board:
Term to
Nominee Category,
Seat # Expire Nominated
By
Cathy Alice Koyanagi Rep. with
Extensive 03/11/2015 Comm. Valeche
Paratransit Experience
Seat No. 12
Roberta Van Sickle Disability
Advocate, 08/15/2013 Comm. Vana
Seat No. 2
Summary: The Palm Tran
Service Board was established December 18, 2001 (R2001-2241), and is composed
of thirteen at-large members. The new
appointment of Ms. Koyanagi, Seat 12, will fill a vacancy. If appointed, Ms. Roberta Van Sickle, Seat 2,
will fill the same seat vacated by Ms. Van Sickle in October 2012 due to the
rule of absences. Ms. Van Sickle was ill
earlier in the year and missed four meetings. Countywide (DR)
BB. MEDICAL EXAMINER
1. Staff recommends
motion to receive and file: an extension for the 2011 Paul Coverdell Forensic Sciences Improvement
Grant (2011-CD-BX-0026) through the Florida Department of Law Enforcement
extending the end date from September 30, 2012, to March 31, 2013. SUMMARY: On May 1, 2012, the Board of County
Commissioners received and filed (R2012-0652) the 2011 Paul Coverdell Forensic
Sciences Improvement Grant 2011-CD-BX-0026 through the Florida Department of
Law Enforcement to received $7,650 to provide forensic anthropology and
odontology services for the period February 1, 2012, through September 30,
2012. The grant was extended to March 31, 2013. No County match is required for this grant. Countywide (PGE)
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with
the City of Miami, as the fiscal agent for the Miami Urban Area Security
Initiative to provide $200,000 in reimbursable funding for
Investigative/Intelligence Equipment effective until February 28, 2013; and
B) approve a Budget Amendment of $200,000 in the Sheriff’s
Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miami as the
Miami UASI’s fiscal agent. These funds will be used to purchase
Investigative/Intelligence Equipment for Region 7. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (PGE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the National Institute of Justice FY 2011 DNA
Backlog Reduction Program Grant to extend the grant period from March 31, 2013,
through June 30, 2013. SUMMARY: On October 18, 2011, the Board of County Commissioners accepted
this award to provide $482,941 in reimbursable funding; the original grant period
for this award was October 1, 2011, through March 31, 2013 (R2011-1649). This agenda item will extend
the grant period from March 31, 2013, through June 30, 2013. The
objective of this grant award is to continue to pay the salary and benefits of two 2008 Backlog Reduction
full-time entry level Forensic Scientists and for equipment, consulting fees,
and computer software licenses. There is no match requirement associated with
this award. No additional positions are needed and no
additional County funds are required until grant funding expires in FY 2013.
Countywide (PGE)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with
the City of Miami, as the fiscal agent for the Miami Urban Area Security
Initiative to provide $428,951 in reimbursable funding for various direct law
enforcement domestic security activities effective
until February 28, 2014; and
B) approve a Budget Amendment of $428,951 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miami as the
Miami UASI’s fiscal agent. These funds and related equipment will be used for
direct law enforcement activities. There
is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (PGE)
4. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the Florida Department of Law Enforcement
Florida Consortium “2011 Paul Coverdell National Forensic Sciences Improvement
Grant” to extend the grant period from September 30, 2012, through April 30,
2013. SUMMARY: On
March 6, 2012, the Board of
County Commissioners accepted this award to provide $73,007 in reimbursable
funding; the original grant period for this award was October 1, 2011,
through September 30, 2012
(R2012-0373). This agenda item will extend the grant period from September 30,
2012, through April 30, 2013. The objective of this grant award is to improve
the quality of forensic services. Funds provided will be used for; travel,
training, supplies and to pay overtime and benefits for Latent Print Examiners,
Firearm Examiners, and Evidence Technician Staff. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(PGE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a donation from The Howard E. Hill
Foundation, Inc., in the amount, of $100,000 for the FY 2014 Gunfire Detection
and Location Project; and
B) approve a Budget Amendment of $100,000 in the Sheriff’s
Grant Fund.
SUMMARY: On November 5,
2012, the Palm Beach County Sheriff’s Office (PBSO) received a donation from The Howard E. Hill Foundation. The funds provided will be used by
PBSO for direct law enforcement activities. A budget amendment is needed to
acknowledge the donated funds. There is
no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(PGE)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, an Agreement with the Port of Palm Beach District for
reimbursement of expenses associated with advanced marine and tactical training
classes for the region, in the amount of $100,000 associated with the FY 2011
Port Security Grant for the period ending June 30, 2013; and
B) approve a Budget Amendment of $100,000 in the
Sheriff’s Grant Fund.
SUMMARY: The Port
of Palm Beach District (PORT) received an award from the United States
Department of Homeland Security FY 2011 Port Security Grant to provide advanced
marine and tactical training. On
January 10, 2013, the Palm Beach County Sheriff’s Office (PBSO) and the PORT entered into an agreement to
expend the Port Security Grant. PBSO, in compliance with the FY 2011 Port
Security Grant, will host advanced marine and tactical training classes for the
region. Under this agreement, the PBSO
will receive $100,000 in reimbursable funds for expenses associated with the
training classes. There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(PGE)
MARCH 12, 2013
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
7. Staff recommends
motion to approve: a Budget Transfer of $37,202 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency
shall use Forfeiture proceeds for school resource officer, crime prevention,
safe neighborhood, drug abuse education and prevention programs, or for other
law enforcement purposes, which include defraying the cost of protracted or complex
investigations, providing additional equipment or expertise, purchasing AED’s,
and providing matching grant funds. F.S. 932.7055(5) also requires that no less
than 15% of the LETF’s previous year’s revenues be used for the support or
operation of drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs of various
non-profit organizations. The PBSO’s FY 2013 estimated donation requirement
will not be finalized until year-end close-out. The PBSO’s support of these
programs exemplifies its strong commitment to the prevention and reduction of
crime throughout the communities it serves and its desire to
put money back into these communities to support organizations that provide
such services. The year-to-date transfer
for all donations to outside organizations after approval of this item is
$659,627. The funds are requested
here are to aid PBSO and qualified organizations that meet the requirements set
forth in F.S. 932.7055. Use of LETF requires approval by the Board, upon
request of the Sheriff. The current
State LETF balance is $1,945,800. Approval of this request will reduce the
State Law Enforcement Trust Fund balance to $1,908,598. The PBSO certifies that
the use of these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective organization or agency. No
new positions are needed and no additional County funds are required. Countywide (PGE)
|
ORGANIZATION |
AMOUNT |
|
Comprehensive Alcoholism
Rehabilitation Programs, Inc. |
$8,350 |
|
Kids in Distress |
$10,000 |
|
National Campaign to Stop
Violence – Do the Write Thing |
$5,000 |
|
PBSO – Narcotics Division |
$5,502 |
|
Sunset House, Inc. |
$8,350 |
|
|
|
|
Total
Amount |
$37,202 |
* * * * * * * * * * * *
MARCH 12, 2013
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends
motion to:
1) adopt a Resolution of the Board of
County Commissioners of Palm Beach County, Florida, confirming the special
assessment roll for 74th Street North Water
Main Extension Project; and
2) approve a Work Authorization No. 22 to Johnson-Davis,
Inc., under the Water Utilities Department (WUD) Continuing Construction
Contract (R2010-1423) in the amount of $75,633.48.
Summary: Petitions in favor of the installation of a potable water main have been
provided by 56% of the property owners in the 74th Street North project area.
The project will serve nine residential properties currently on private wells.
Individual assessments of $9,529.81 per parcel are based on 90% of the total
project cost as per the Agreement between the County and Indian Trails
Improvement District, in which the County will allocate $500,000 to provide
financial support for up to 10% of the final cost for assessment projects
within the legislative boundaries of the Indian Trails Improvement District.
WUD has encumbered and expended for previous projects a total of $215,888.18.
The assessment may be paid over 20 years with equal annual payments of
principal and 5˝% interest. The total assessable cost is $85,768.29 and
includes the costs of surveying, design, drafting, permitting, construction,
inspection, administration, and construction contingency. The project will be
constructed utilizing a Work Authorization under the WUD Continuing
Construction Contract with Johnson-Davis, Inc. (R2010-1423). The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for
SBE participation of 15%. This Authorization includes 18.36% overall
participation. The cumulative SBE participation is 15.56% overall. If the
actual cost exceeds the total assessable cost, the differential will be covered
by WUD's budget. Johnson-Davis, Inc. is a local Palm Beach County company. (WUD
Project No. 11-132) District 6 (MJ & JM)
B. Staff recommends
motion to adopt: a Resolution
to vacate the lots and abandon any public interest in the rights-of-way in a
portion of the plat of Tracts “F,” “G,” “H,” “I” & “J,” Osceola Groves,
Inc., as recorded in Plat Book 20, Page 30, Public Records of Palm Beach
County, Florida; a portion of the plat of Tract “R” and Tract “S,” Osceola
Groves, Inc., as recorded in Plat Book 22, Page 32, Public Records of Palm
Beach County, Florida; and all of the Replat of Lot 119 to 134 Inclusive of
Tract “S,” Osceola Groves, Inc., as recorded in Plat Book 23, Page 171, Public
Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will
allow a co-petitioner, Florida Inland Navigation District, to vacate the lots
and abandon the rights-of-way to use the site for its intended purpose as a
future dredged material management area. The other co-petitioners are Miller
Couse, Toni L. Couse, Earnest H. Rawls, As Trustee of the Earnest H. Rawls
Revocable Trust Dated June 8, 2007, Earnest H. Rawls, as Trustee of the Hazel
C. Rawls Revocable Trust dated June 8, 2007, Hazel C. Rawls, as Trustee of the
Earnest H. Rawls Revocable Trust dated June 8, 2007 and Hazel C. Rawls, as Trustee
of the Hazel C. Rawls Revocable Trust dated June 8, 2007, and the current
platted configuration is inconsistent with the land’s agricultural use. The
petition site is located approximately ˝ mile south of the Martin County Line,
north of the L-8 Canal and east of Lake Okeechobee. District 1
(MRE)
MARCH 12, 2013
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends
motion to:
1) conduct a public hearing (TEFRA) on the
proposed issuance of revenue bonds (the “Bonds”) by the City of St. Petersburg
Health Facilities Authority (the "Authority") in an amount not to
exceed $45,000,000 of which not-to-exceed $4,200,000 will be used to finance
certain projects located in Palm Beach County; and
2) adopt a Resolution approving an
interlocal agreement with the Authority and the issuance of the Bonds, and
providing an effective date.
SUMMARY: The
Authority has agreed to issue up to $45 million of bonds for the benefit of
OneBlood to refinance debt across the state and to finance and refinance a new
project in Broward County, Florida. OneBlood, a Florida not-for-profit
corporation is the successor entity, by merger, of three Florida blood banks
that operated in various areas throughout the state, including Community Blood
Centers of South Florida. OneBlood, as successor entity now desires to
consolidate and refinance, for savings, various debt
acquired by the predecessors of OneBlood. The local project to be refinanced with the
proceeds of the Bonds consists of the acquisition of 3.5 acres of land located
at 3451 Northlake Boulevard in Lake Park, Palm Beach County, Florida 33403, and
the construction and equipping thereon of an approximately 40,900 square foot,
three-story administrative building and blood processing and distribution center,
and the acquisition of 3 acres of land adjacent to and located to the east of
the hereinbefore described land to be used for future expansion (the "Palm
Beach Project") originally financed with the proceeds of the County's
Industrial Development Authority's Industrial Development Revenue Bonds (South
Florida Blood Banks, Inc. Project), Series 2002. Pursuant to federal tax law, prior to the
issuance of the Bonds to refinance the Palm Beach Project, a public hearing
must be conducted and the issuance of the Bonds to refinance the Palm Beach
Project must be approved by the Board.
In addition, pursuant to state law, prior to the issuance of the Bonds
to refinance the Palm Beach Project, the Board must enter into an interlocal
agreement with the Authority. Neither the taxing power nor the faith and
credit of the County nor any County funds are pledged to pay the principal,
redemption premium, if any, or interest on the Bonds. District 1
(PFK)
Continued from January 15, 2013
D. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of
Palm Beach County, Florida, amending Sections 2-80.20 through 2-80.34 of the
Palm Beach County Code, which codified Ordinance No. 2002-064, as amended by
Ordinance No. 04-071, Ordinance No. 05-048, Ordinance No. 2008-014, and
Ordinance No. 2009-024, and established a Small Business Enterprise Program;
providing for policy and purpose; providing for definitions; providing for Small
Business Certification; providing for M/WBE certification; providing for the
Small Business Advisory Board; 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: On December 18, 2012, the Board of County Commissioners
held preliminary reading of this ordinance and authorized advertising for
public hearing. The proposed changes to
the SBE Ordinance are recommended to create a thorough process for reviewing
applications for certification, update the membership of the SBE Advisory
Board, and provide further clarity. This item was continued from the January
15, 2013 Board of County Commissioners Meeting, and changes were made to the Advisory
Board composition to maintain seats for representatives from the Associated
General Contractors, Black Chamber of Commerce of Palm Beach County, and the
National Association of Women in Construction. A seat for a representative of a
professional services organization was added. Countywide (TKF)
MARCH 12, 2013
4. PUBLIC
HEARINGS CONTINUED
E. Staff recommends
motion to:
1) adopt an Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending the Palm Beach County Unified Land Development Code, Ordinance
2003-70, as amended, by amending Article 13, concerning countywide impact fee
amounts, as follows: Chapter B – county district, regional, and beach parks
impact fee; Chapter C – fire-rescue impact fee; Chapter D – library impact fee;
Chapter E – law enforcement impact fee; Chapter F – public buildings impact
fee; Chapter G – school impact fee; Chapter H – road impact fee; providing for
repeal of laws in conflict; providing for severability; providing for inclusion
in the Unified Land Development Code; providing for an effective date; and
2) receive and file the Impact Fee
Review Committee Report to the Board of County Commissioners (BCC).
SUMMARY: At the Commission
meeting on February 5, 2013, the BCC approved staff’s request for permission to
advertise a public hearing on impact fee increases. The Board has not approved an increase in
impact fees since January 6, 2006. The February 5th agenda item
listed three possible options for fee increases. Option 1 increased all of the
fees to the maximum allowed under the ordinance effective June 15, 2013. Option 3 provided for a 20% increase in the
applicable road, public building, and library impact fees in two phase-in
periods on June 15, 2013 and June 14, 2014.
The Board approved Option 2 with further discussion to occur during the
public hearing on March 12, 2013. Option 2 is the compromise solution worked
out with industry. Option 2 sets all
applicable impact fees, except the road impact fee, to the maximum allowed
under the ordinance effective June 15, 2013.
The road impact fee would be increased over three phase-in periods with
the first phase on June 15, 2013 capturing approximately 51% of the proposed increase. The next two phase-in periods on June 15,
2014 and June 14, 2015 would each capture approximately 24.5% of the remaining
road impact fee increase. After the third phase-in period, all of the
impact fees would be at the maximum allowed under the ordinance. However, during Fiscal Year 2015 a new
biennial update will be completed and presented to the BCC for consideration of
new impact fees which may further increase or reduce the fees.
Other options for consideration based on Option 2 include the following:
1. Option 2B – Spread the road impact fee
increase over 4 years.
2. Option 2C – Spread the road impact fee
increase over 5 years. Countywide (LB)
MARCH 12, 2013
4. PUBLIC
HEARINGS CONTINUED
F. Staff recommends
motion to approve:
1) Budget amendments and transfers in various
funds reflecting adjustments for balances brought forward, other revenues,
reserves and operating expenses;
2) $1,105,391 in budget reclassified from the
General Fund to the Transportation Improvement Fund as part of the merger of
Engineering Services and Roadway Production Divisions; and
3) $193,000 transfer from contingency for the
Senator Philip D. Lewis Homeless Resource Center to meet the need for housing
homeless families ($150,000) and to fund three months of job training
activities due to a gap in grant funding ($43,000). The
total of the adjustments is an increase of $67,458,485 in 221 funds.
SUMMARY: These
budget amendments and transfers are necessary to adjust FY 2013 budgets to
reflect differences between actual and estimated revenues and expenditures of
FY 2012. These amendments adjust the balances brought forward, various revenue,
expenditure and reserve accounts to their audited balances.
The proposed adjustments include $31,392,559 additional reserves in the General
Fund. The adjustment is a result of:
·
$5,979,780
net additional excess fees and commission refunds from Constitutional Officers;
and
·
$14,081,220
net additional revenues: Transfer from Fleet Management $4,318,536, Transfer
from Employee Health $6,335,901, and other revenue sources $3,426,783; and
·
$10,419,168
expenditures less than and revenues greater than originally estimated; and
·
$912,391
reclassification of Engineering Services’ budget and funding for the Homeless
Resource Center.
FY 2014 budget projections currently assume these additional reserves
will be carried forward to balance the annual budget. Countywide (PFK)
* * * * * * * * * * * *
MARCH 12, 2013
A. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners
of Palm Beach County, Florida, approving the issuance of not exceeding
$6,000,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily
Housing Revenue Bonds (La Joya Villages Project) the proceeds of which are to
be used for the purpose of financing the acquisition, construction and/or
equipping of a not to exceed 55 unit multifamily rental housing development to
be known as La Joya Villages; approving GA Housing LLC or other tax exempt
investment fund sponsored by Red Stone Partners, and Community & Southern
Bank or an affiliate thereof, as the Purchaser of said Bonds, within the
meaning of Palm Beach County Code
Section 2-190; and providing an effective date. Summary: The Housing Finance Authority of Palm Beach
County, Florida (the “Authority”) was established by the Board of County
Commissioners (the “Board”) in 1979 in accordance with Part IV of Chapter 159,
Florida Statutes (the “Act”). Section 2-190 of the Palm Beach County Code
requires that all bonds of the Authority and the purchaser of such bonds must
be submitted to and approved by the Board. The Bonds are being issued by the
Authority, to finance the costs of the acquisition, construction and/or
equipping by La Joya Villages, Ltd. (the “Borrower”) and being developed by
Realtex Development Corporation Southeast and Community Land Trust of Palm
Beach County (jointly, the “Developer”) of a not to exceed 55 unit multifamily
rental housing facility to be known as La Joya Villages, located at 1105 6th
Avenue South, Lake Worth, Florida 33460, in the City of Lake Worth (the
“City”), to be rented to qualified persons and families as required by Section
147(f) of the Internal Revenue Code of 1986, as amended (the “Code”). The Bonds
will be payable solely from revenues derived from the Borrower and/or other
collateral provided by or on behalf of the Borrower. Greenberg Traurig, LLP is Bond Counsel to the
Authority with respect to the Bonds.
There will be no underwriter for the Bonds since the Authority will
deliver the Bonds directly to GA Housing LLC and to Community & Southern
Bank or an affiliate of either thereof, as the purchasers thereof. This funding is projected to create 247
jobs and have a five year Economic Sustainability Impact of $23.7 million. Neither
the taxing power nor the faith and credit of the County nor any County funds
are pledged to pay the principal, redemption premium, if any, or interest on
the Bonds. (HFA of PBC) District 7 (PFK)
MARCH 12, 2013
5. REGULAR
AGENDA
A. ECONOMIC SUSTAINABILITY (Cont’d)
2. DELETED:
Staff recommends motion to approve:
A) a Loan Agreement in
the amount of $875,000 with NOAH Development Corporation (NOAH), a Florida
not-for-profit corporation, in connection with the Covenant Villas Project;
B) an Amended and
Restated Mortgage Agreement;
C) the delegation of authority to the County
Administrator, or his designee, to execute any other documents necessary to
complete the transactions related to this funding; and
D) a Budget Amendment allocating $875,000 to the
Affordable Housing Trust Fund budget for Fiscal Year 2012-2013.
Summary: NOAH
currently owns and operates a 144 unit affordable housing project in Belle
Glade known as Covenant Villas. This
project was completed in 1989 for $5.4 Million.
Of this amount, $2.7 Million was provided by the County of which $1.35
Million was in the form of a loan and $1.35 Million was in the form of a
grant. The source of
the County funds were from the County’s General Fund. Due to significant economic challenges in the
Glades region, the project is in disrepair and has an occupancy rate of
50%. Repairs are currently estimated at
$867,000. Despite this, an appraisal
obtained by NOAH in December 2012, describes the project as “the best quality
multifamily project in Belle Glade” and established its fair market value at
$3.3 Million. Due to the low occupancy
rate, NOAH is currently in default of their first mortgage and is facing
foreclosure. In order to prevent the
loss of this affordable housing project to foreclosure, including the loss of
the County’s investment, and prevent the property from additional decline,
staff is recommending to provide NOAH $875,000, which
will be used to partially pay off the existing first
mortgage. In return, the County will be
in a first mortgage position and the existing first mortgage will be
converted into a second mortgage that secures approximately $300,000. In
total, the County’s investment will be secured by three senior mortgages
totaling $3,020,500. Staff is
recommending a three year deferment in principal payments to allow NOAH to make
the necessary repairs to increase the occupancy rate. The source of funds will be from funds
received by the County from the recent acquisition of NOAH’s South Bay Villas
project by the Palm Beach County Housing Authority. The County received
$875,000 at that closing due to a mortgage held on that property by the County.
(DES Contract Development) District 6 (TKF)
MARCH 12, 2013
5. REGULAR
AGENDA
B. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Budget Transfer of $575,000 in the General Fund from Contingency Reserves to the County Transportation Trust Fund; and
B) a Budget Amendment of $575,000 in the County Transportation Trust Fund to recognize the transfer and appropriate it to Railroad Crossing Maintenance.
SUMMARY: Palm Beach
County (County) is responsible for the maintenance of railroad crossings over
County roads. We are responsible for several annual maintenance
agreements with CSX Transportation, Inc. (CSX) and Florida East Coast (FEC)
railroads. When the railroad company determines that projects/repairs or
rebuilds are necessary, the County is responsible for those costs as
well. The current FY 2013 budget includes funding which covers annual
maintenance costs and a few minor repairs. We have recently been notified
that CSX has three major projects/repairs totaling approximately $200,000 and
FEC has five major repairs totaling approximately $525,000 scheduled for 2013. There
is now the need for an additional $575,000 to cover these unanticipated
projects. Countywide (MRE)
MARCH 12, 2013
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in 2.40 acres of vacant County-owned land located between
Ranches Road and Western Way in unincorporated Lake Worth for a total of $1,260
with reservation of mineral and petroleum rights, but without rights of entry
and exploration; and
B) approve fourteen separate County Deeds in favor of:
Dustin & Lindsay Demmery; Brian L. & Deborah M. Douglas; Joseph &
Mary Essa; Fish Farm, LLC; White House, LLC; Jeryl M. Lloyd; Thomas C. &
Henrietta T. Maier; Dennis J. McKenzie III & Laurian M. McKenzie; David D.
& Patricia L. Millner; William & Mary Morgan; Walter D. Percy, Trustee
of the Percy Revocable Trust of 2008; Terence A. & Mary T. Schaad; R.L.
Scheurer; and Truc Tran & Bich P. Che.
SUMMARY: The County acquired approximately 10.40
acres of long narrow strips of undevelopable vacant land located off Ranches
Road and Western Way in unincorporated Lake Worth by Tax Deed in 1984. A portion of the vacant land is a 50’ wide
strip which runs east/west between Ranches Road and Western Way that supports a
shallow canal for drainage to serve the surrounding properties. In November of
2011, a portion of this east/west strip, .19 acres, was sold to Carl
Terwilliger and his wife Donna Leone for $100 or $.012/SF. Staff sent notice to
the adjoining property owners along the balance of the east/west strip offering
to sell portions to each owner subject to Board of County Commissioners
approval. Staff was successful in
receiving a positive response from owners along the strip such that the entire
50’ would be sold at the same per square foot price ($0.012/SF) as the
Terwilliger conveyance. In total, approximately 2.40 acres will be sold off in
segmented portions to the adjacent owners.
The 2.40 acres is deemed surplus because it serves no present or future
County use and is subject to an existing easement for canal purposes. The balance of the overall property,
approximately 4.96 acres, will remain in County ownership for road drainage
purposes. Pursuant to the PREM Ordinance,
an appraisal is not required as this parcel’s value is less than $25,000. The assessed value of the 2.40 acres is
approximately $720. Pursuant to Florida
Statutes, Section 125.35(2), the Board may effect a
private sale of the parcel upon a finding that the value of a parcel is $15,000
or less, as determined by the County Property Appraiser, and when due to its
size, shape, location and value, it is of use to only one or more adjacent
property owners. Staff recommends the
sale of these parcels as it will: (i) lessen the County’s potential liability
and maintenance responsibilities and
(ii) return a portion of the property to the tax roll. The County will retain
mineral rights in accordance with Florida Statute, Section 270.11, but will not
retain rights of entry and exploration. This
sale must be approved by a supermajority vote (5 Commissioners). (PREM) District
3 (HJF)
MARCH 12, 2013
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) a Civic Site Dedication
Agreement with Boynton Beach Associates XXIV, LLLP; Boynton Beach Associates
XIX, LLLP; Delray Beach Associates I, LLC; Boca Raton Associates VI, LLLP; Atlantic
Commons Associates, LLLP; Boca Raton Associates VII, LLLP; and Boca Raton
Associates VIII, LLLP;
B) a Memorandum of Agreement between the County
and Atlantic Commons Associates, LLLP;
C) a Termination of Memorandum of Agreement; and
D) a Budget Amendment of $200,000 in the Civic
Site Fund recognizing cash out revenue received and establishing a project
expense budget.
SUMMARY: Pursuant to this Civic
Site Dedication Agreement, GL Homes, through its various development entities,
will convey to the County a 6.276 acre civic site within the Atlantic Commons
PUD at the northeast corner of Atlantic Avenue and the Turnpike and cash out
the balance of GL Homes’ civic dedication requirements for its Ag Reserve
development projects for the sum of $2,854,477. This civic site
dedication will provide sufficient land to meet the foreseeable demand for
County services arising out of development in the Ag Reserve, from a site which
is just outside the boundaries of the Ag Reserve. The cash out funds will
assist in offsetting the cost of development for County facilities serving the
West Delray area. The Budget Amendment recognizes the $200,000 that GL is
required to pay within 90 days of the execution of this Agreement and
establishes budget for pre-construction services for renovations to the old
West Atlantic Library building for use by the Palm Beach County Sheriff’s
Office as a substation to house District 4 and the Countywide Traffic Unit as
contemplated by the 5-Year Capital Improvements Program. The Memorandum will be
recorded and provide public notice of the County’s rights under this
Agreement. The Termination of Memorandum will be held in escrow and
recorded at closing of the civic site. These
Agreements must be approved by a supermajority vote (5 Commissioners). (PREM) District 5 (HJF)
D. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a Contract for external auditing services with
McGladrey, LLP. This is a three year contract with all services to be completed
by June 30, 2016. The contract includes
two renewal options of two years each, at the County’s sole discretion. SUMMARY: On February 6, 2013, the
External Auditor Selection Committee (Committee), after hearing oral
presentations, selected McGladrey, LLP as the first-ranked proposer to provide
external audit services to Palm Beach County. The Committee was comprised of
representatives of the Constitutional Officers, County Administration, OFMB,
Office of Small Business Assistance, and the Internal Auditor. The initial contract period is for three
years at $739,100 per year, for a total cost of $2,217,300, with 25% SBE
participation. This price represents a
5% reduction from the current year cost of $778,000. The audit work will be
conducted out of McGladrey’s West Palm Beach office. Countywide (PFK)
MARCH 12, 2013
5. REGULAR
AGENDA
E. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve:
A) two Site Planner
II positions that were previously eliminated during the Fiscal Year Budget Reduction
from 2009 through 2012; and
B) a Budget Transfer of $67,500 from General
Fund Contingency Reserves to the Zoning Division.
SUMMARY: For the
purposes of budget reduction during Fiscal Years 2009, 2010, 2011 and 2012,
thirteen professional and technical positions in the Zoning Division were
eliminated. The Zoning Division has had to maintain the existing processes and
services with reduced staffing from 50 to 37. This request is for two
additional positions to meet current workload conditions. Unincorporated
(RPB)
F. ADMINISTRATION
1. Staff recommends
motion to adopt: a proposed Resolution of the Board of
County Commissioners of Palm Beach County, Florida, supporting the priorities
of the 16 county Ecosystem Summit, an annual summit for the counties that
comprise the South Florida Water Management District and an initiative of the 9
County Coalition for Responsible Management of Lake Okeechobee – St. Lucie and
Caloosahatchee Estuaries and Lake Worth Lagoon. SUMMARY: All 16 counties that attended the Ecosystem Summit have been asked to
pass identical resolutions requesting support for the Summit’s federal
legislative priorities. Staff requests the Board’s approval on a proposed
Resolution adopting the 16 county Ecosystem Summit federal legislative
priorities, which include:
1) Restoration of the Herbert Hoover Dike,
increasing the annual appropriation for rehabilitation of the Herbert Hoover
Dike to accelerate project completion;
2) Restoration of the Kissimmee River,
continuing appropriations to complete restoration; and
3) Providing the funding necessary to complete
St. Lucie C-44 reservoirs/ Stormwater Treatment Area complex;
4) Requesting
Congressional authorization of the Caloosahatchee River, C-43 West Reservoir; and
5) Requesting an updated Water Resources
Development Act to include authorization for other crucial elements of
ecosystem restoration. Countywide (DW)
MARCH 12, 2013
5. REGULAR
AGENDA
F. ADMINISTRATION (Cont’d)
2. Staff requests Board direction: regarding a Resolution revising budgetary policy and expenditure controls for the operation of Commission District offices, and rescinding Resolution No. R2010-0224. SUMMARY: Staff was requested to review the existing policy concerning the personnel classification and pay scale of the County Commission Administrative Assistant positions now that term limits may also impact the tenure of County Commission staff. Under the existing resolution, a County Commission Administrative Assistant may be promoted to Senior County Commission Administrative Assistant if they meet certain criteria which require between eight and fifteen years as an employee of the Board of County Commissioners (in any capacity), with additional requirements for working on a Commissioner’s staff. Following the review, staff is providing three options for consideration:
Option 1: Allow for a promotion to the Senior level after serving four years on a Commissioner’s staff, with no additional requirements;
Option 2: Allow for a promotion to the Senior level after two years working on a Commissioner’s staff, plus five years of local government experience;
Option 3: Leave Resolution as is. Countywide (PFK)
G. COUNTY ATTORNEY
1. Staff recommends
motion to approve: an Excess Policy Commutation Agreement (Agreement)
between Palm Beach County’s excess workers’ compensation insurance carrier, TIG
Insurance Company (TIG) and the Palm Beach County Board of County Commissioners
(County). SUMMARY: This
Agreement arises from a project undertaken by staff to review old excess
insurance policy contracts dating back to the 1970’s through the early 1990’s
and to identify any outstanding opportunities to collect unfiled claim
reimbursements that were not paid to the County for losses incurred under those
policies during those years. This
specific Agreement, between the County and TIG, if approved, relates to the
latter-most portion of the project that identifies claim reimbursements from
policies dating from January 1, 1991 through January 1, 1994, and will provide
the County with $1,700,000 in previously unreimbursed losses, including
consideration for future loss expenditures. Countywide (PM)
* * * * * * * * * * * *
MARCH 12, 2013
A. ADMINISTRATION
(Health Care District Board of Commissioners)
1. REVISED
TITLE: Staff
recommends motion to approve: appointment of one elected official to the Health Care District of Palm
Beach County (HCD) Board of Commissioners, Seat No. 1, for a term commencing
March 12, 2013, and ending September 30, 2017:
|
Appoint (One only) |
Position |
Nominated
By |
|
Susan M. Bucher |
Supervisor of Elections, Palm Beach County |
Comm. Burdick Comm. Vana |
|
Angeleta Gray |
Deputy Vice Mayor, City of Delray Beach |
Comm. Abrams |
|
Wendy K. Harrison |
Council Member, Town of Jupiter |
Comm. Valeche |
|
Al Jacquet |
Commissioner, City of Delray Beach |
Comm. Abrams |
|
Keith A. James |
Commissioner, City of West Palm Beach |
Comm. Taylor |
|
Robert S. Margolis |
Mayor, Village of Wellington |
Comm. Santamaria |
SUMMARY: This appointment will fill the seat vacated by Senator Joseph Abruzzo
who resigned effective January 7, 2013.
The selected individual must be an elected official at the time of
appointment and members of the Board of County Commissioners are not eligible
to serve. The term of appointment would
include the remainder of this fiscal year and one full four-year term. Per
Chapter 2003-326, Laws of Florida, the HCD is comprised of seven members. The
appointing authority shall consider the diverse geographic areas of Palm Beach
County in selecting individuals to serve on the HCD, and at least one person,
but not more than two shall reside in the Glades Area. The Governor shall appoint three members; the
Board of County Commissioners shall appoint three members, one of which must be
an elected official at the time of appointment; and one member shall be the
director of the Palm Beach County Health Department. Members may serve two, four-year terms. A
memorandum requesting nominations for this seat was distributed to all members
of the Board of County Commissioners. Countywide (TKF)
(Commission on Ethics Ordinance Drafting
Committee)
2. Staff recommends motion to appoint: two of the following individuals to the Commission on Ethics (COE) Ordinance Drafting Committee:
Nominees
David Baker
APPOINT TWO Alan Johnson
Bruce Lewis
Dennis Lipp
SUMMARY: On February 5, 2013, the Board of County Commissioners
(BCC) approved reconvening the COE Drafting Ordinance Committee to recommend
possible modifications to the Ordinance, specifically as it relates to the
composition of the COE and term limits. This Committee will consist of two
appointees from the BCC, two appointees from the League of Cities, an attorney
representing each entity, and the Executive Director of the COE. The above
nominations have been received for consideration. Countywide (LB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 12, 2013
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 12, 2013
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 12, 2013
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, CHAIRMAN
E. District
5 - COMMISSIONER MARY LOU BERGER
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE CHAIR
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."