ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
FEBRUARY 6, 2007
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll Call
B. Invocation
C. Pledge of Allegiance
2. AGENDA APPROVAL
A. Additions, Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 7 - 37)
4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 38)
5. REGULAR AGENDA (Pages 39 - 45)
TIME
CERTAIN - 10:00A.M. (Criminal Justice Commission Annual Report) (Page 43)
6. BOARD APPOINTMENTS (Pages 46 – 47)
7. MATTERS BY THE PUBLIC - 2:00
P.M. (Page 48)
8. STAFF COMMENTS (Page 49)
9. COMMISSIONER COMMENTS (Page 50)
10. ADJOURNMENT
(Page 50)
* * * * * * * * * * *
FEBRUARY 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Receive
and file Resolutions from eight (8) municipalities on the Municipal Home Rule
Act
3A-2 Amendment
No. 3 with Langton Associates, Inc. for consulting/professional services
3A-3 Revised
guidelines for the Neighborhood Home Beautification Program
Page 8
3A-4 Countywide Community
Revitalization Team projects
3A-5 First
Amendment with J. Gordon Routley related to Fire Rescue Level of Service and
Common Dispatch System
Page 9
3A-6 Resolution
supporting designating the Jupiter Lighthouse as an Outstanding Natural Area
B. CLERK AND COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Final
Minutes of the Board of County Commissioners’ meetings
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments and others
C. ENGINEERING
Page 9
3C-1 Second
Amendment with Kimley Horn & Associates for professional consulting
services
Page 10
3C-2 Agreement
with Village of Royal Palm Beach for installation of a traffic signal
3C-3 Warranty
Deed and payment for property required for retention pond
3C-4 Deleted
3C-5 Deleted
3C-6 Appraiser
Agreements with nine (9) firms for appraisal services
Page 11
3C-7 Amendment
with Transmark, Inc. for annual pavement marking services
3C-8 Budget
Transfer/Amendment for temporary traffic signal at Donald Ross Rd and Parkside
Dr.
3C-9 Amendment
with Village of Royal Palm Beach for improvements to SR 7
Page 12
3C-10 Financial Assistance Agreement
with Keep Palm Beach County Beautiful
D. COUNTY ATTORNEY
Page 12
3D-1 Mediation
Settlement Agreement with Frank & Madga Szydlowski
E. COMMUNITY SERVICES
Page 12
3E-1 Service
Provider Application with Area Agency on Aging for services to the elderly
Page 13
3E-2 Deleted
3E-3 Amendments
for the Older Americans Act Program with Area Agency on Aging
3E-4 Amendment
No. 002 w/ Area Agency on Aging for the Nutrition Services Incentive Program
3E-5 Non-Institutional Medicaid Provider
Agreement for the Home & Community Base Medicaid Waiver Program
Page 14
3E-6 Three (3) Amendments for Ryan White
Comprehensive AIDS contracts
3E-7 Amendment No. 3 with Treasure Coast Health
Council for specialty medical services
3E-8 Agreement with Area Agency on Aging for the
Nutrition Services Incentive Program
3E-9 Contract with Palm Beach County Health
Department for HIV counseling services
F. AIRPORTS
Page 15
3F-1 Seven
(7) original contracts/agreements/grants for the Dept. of Airports
3F-2 Amendment
No. 4 with CH2M Hill, Inc. for consulting/professional services
FEBRUARY 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Confidentiality
Agreement with the Agency for Workforce Innovation
3G-2 Settlement
Offer for Code Enforcement Lien against Automotive Experts of Palm Beach, Inc.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 License
Agreement with The Credit Union for an ATM at Vista Office building
3H-2 Amendment
No. 1 with Slattery and Associates for Library Expansion Program
Page 17
3H-3 Change
Order No. 10 with Centex Construction for Wellington Library
3H-4 Contract
with Marine Engineering, Inc. for West County Jail, Pod A fit-up
3H-5 First
Amendment with Good Samaritan Medical Center for use of the 800 MHz radio
system
Page 18
3H-6 First
Amendment with Village of Wellington for use of the 800 MHz radio system
3H-7 First
Amendment with Delray Medical Center for use of the 800 MHz radio system
3H-8 Second
Amendment with Sheriff’s Office for use of property in Lake Worth
Page 19
3H-9 Change
Order No. 7 with West Construction, Inc. for work at Phil Foster Park
3H-10 Change Order No. 30 with The
Weitz Company for South County Courthouse expansion
3H-11 Deleted
3H-12 Second Option to sublease
space at Easter Seals for an Early Head Start program
Page 20
3H-13 First Renewal Option with San Castle Community Leadership Org. for
lease of property
3H-14 Change Order No. 24 with Catalfumo Construction for Operations &
Support Center
I. HOUSING & COMMUNITY DEVELOPMENT
Page 20
3I-1 Amendment
No. 002 with City of Greenacres for Community Development Block Grant funds
Page 21
3I-2 Agreement
with Town of Lake Park for storm water drainage improvements
3I-3 Agreement
with City of Greenacres for demolition of a building/construction of parking
lot
3I-4 Summary
of funding awards for housing rehabilitation projects
3I-5 Amendment
No. 001 with Villa Regina of West Palm Beach to loan documents
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 22
3K-1 Receive
and file three (3) standard agreements for Water Utilities
3K-2 Change
Order No. 3 with AKA Services for Northern Region Utility Improvement project
Page 23
3K-3 Change
Order No. 5 with Cardinal Contractors, Inc. for PBC Research Village Utility
3K-4 SFWMD
Alternate Water Supply Funding Agreement for Century Village Reclaimed Water
3K-5 SFWMD
Alternate Water Supply Funding Agreement for Lake Region Water Treatment Plant
Page 24
3K-6 Settlement
Agreement with Florida Dept. of Environmental Protection to UIC regulations
3K-7 CSA
No. 8 with Brown & Caldwell for wellfield capacity enhancements
3K-8 Contract
with Miller Pipeline Corp. for rehabilitation of wastewater gravity pipelines
Page 25
3K-9 Change
Order No. 2 with Ricman International for LaMancha Ave. pipeline extension
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Grant
Agreement with Florida Fish and Wildlife Conservation for monitoring activities
Page 26
3L-2 Budget
Amendments/Transfer for Pine Glades Natural Area
3L-3 Declaration
of Restrictive Covenants for Pine Glade Natural Area
FEBRUARY 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L.
ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
Page 27
3L-4 Lake
Worth Lagoon projects with three (3) entities
3L-5 Budget
Amendment for exotic plant removal at Loxahatchee Slough Natural Area
Page 28
3L-6 First
Amendment with Town of Juno Beach regarding Juno Dunes Natural Area
3L-7 First
Amendment to Sale and Purchase from Whitesell, et al.
Page 29
3L-8 Task
Order No. 2378-06 with Humiston and Moore Engineers for professional coastal
design and permitting services
M. PARKS & RECREATION
Page 29
3M-1 Second
Amendment with Special Olympics Florida, Inc. for sale of naming rights
3M-2 Agreement
with Boca Raton Philharmonic Symphonia for concert
3M-3 Agreement
with Delray Beach Downtown Marketing Cooperative for holiday decorations
Page 30
3M-4 Agreement
with City of Delray Beach for 2007 First Night Event
3M-5 Agreement
with Town of Highland Beach for Library Speakers Program
3M-6 Agreement
with The Palm Beach Shakespeare Festival for Carlin Music Series
3M-7 Agreement
with The Palm Beach Shakespeare Festival for “Pericles”
3M-8 Agreement with Loxahatchee River Historical
Society for Jupiter Inlet Lighthouse & Museum Visitor Center
Page 31
3M-9 Agreement with Western Academy for Intramural
Sports Program
3M-10
Agreement with The Citizens’ Association of Palm Beach for
recreational/cultural programs
3M-11
School Board Recreation Assistance Program: U.B. Kinsey/Palmview
3M-12
First Amendment with City of Lake Worth for Wildcats league expenses
3M-13
Amendment to School Board Recreation Assistance Program: 5th Annual Race for the Arts
Page 32
3M-14
Third Amendment to School Board Recreation Assistance Program: Jupiter High
School
3M-15
Amendment with Armory Art Center, Inc. and City of West Palm Beach for
renovation of the Robert and Mary Montgomery Historic Armory building
3M-16
School Board Recreation Assistance Program:
Project Graduation 2007
3M-17
Amendment with City of Delray Beach for Delray Intracoastal Park
Page 33
3M-18
Executed Independent Contractor agreements for December 2006
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE
Page 33
3P-1 Grant
Agreement with Oceanside GreenMarket for seasonal farmer’s market
3P-2 Grant
Agreement with Ray’s Heritage for radish and green bean processing/packaging
facility
Q. CRIMINAL JUSTICE COMMISSION
Page 34
3Q-1 Various
Budget Amendments/Transfers for criminal justice services
Page 35
3Q-2 Eighth
Amendment with Office of State Attorney for Community Based Anti-Crime Task
Force
R. HUMAN RESOURCES
Page 35
3R-1 Resolution
regarding Merit System Rules amendments
FEBRUARY 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 36
3S-1 Memorandum
of Understanding with Florida Dept. of Community Affairs for EMS-Mass Casualty
Incident Management Tow Vehicle
3S-2 License
for Training and Structure Burn with Amy & Howard Holloway
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 36
3X-1 EMS
County Grant Application with Florida Dept. of Health, Bureau of Emergency
Medical Services
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 37
3AA-1 Write-off of uncollectible
accounts receivable for Heard Communications
BB. SUPERVISOR OF ELECTIONS
Page 37
3BB-1 Precinct boundary changes
CC.
SHERIFF
Page 37
3CC-1 Budget Amendment for law
enforcement services with Town of Mangonia Park
3CC-2 Award Agreement with Florida Dept. of Emergency Management for two
(2) Tactical
Communications Package
SPECIAL
PRESENTATIONS - 9:30 A.M.
Page 38
4A Certificate of Appreciation to Susan
Ferrante
4B Florida Gators National Champions Day
4C Engineers Week
4D JFK Medical Center Heart & Vascular
Institute Week
FEBRUARY 6, 2007
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 39
5A-1 All
Terrain Vehicle (ATV) Operation on Unpaved Roadways Ordinance
Page 40
5A-2 Sunbeam Products, Inc.
Page 41
5A-3 PBC Interlocal Certification Agreement with
The School Board and the City of West Palm Beach to provide reciprocal
certification of businesses seeking small business certification
5A-4 Amend the boundary of Palm Beach County and
Broward County to allow 1,949 acres of land to be annexed into Broward County.
Page 42
5A-5 Grant Agreement with The Palm Beach
International Film Festival, Inc.
5A-6 Everglades Agricultural Area (EAA) Study
Proposal
AIRPORTS
Page 43
5B-1 Specialty
Restaurants Corporation restaurant closing (94th Aero Squadron)
CRMINAL
JUSTICE COMMISSION
Page 43
5C-1 2006
Annual Report – TIME CERTAIN 10:00A.M.
COUNTY
ATTORNEY
Page 44
5D-1 Satisfaction
and Release of Mortgages on rental property in Canal Point
WATER
UTILITIES
Page 44
5E-1 Rates,
fees and charges for potable water, wastewater and reclaimed water services
Ordinance
FACILITIES
DEVELOPMENT & OPERATIONS
Page 45
5F-1 JOC
Work Order No. 07-038 with H.A. Contracting Corp. to construct a computer room
on the 4th Floor of the Judicial Center
BOARD
APPOINTMENTS (Pages 46 - 47)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 48)
STAFF
COMMENTS (Page 49)
COMMISSIONER
COMMENTS (Page 50)
ADJOURNMENT (Page 50)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to receive and file:
A) Resolution No. 2560 from the City Commission
of the City of Belle Glade, supporting and endorsing the principals of the
Municipal Home Rule Powers Act;
B) Resolution No. 200-2006 from the City Council
of the City of Boca Raton, supporting and endorsing the principals of the
Municipal Home Rule Powers Act;
C) Resolution No. 06-2 from the Town Council of
the Town of Briny Breezes, supporting and endorsing the principals of the
Municipal Home Rule Powers Act;
D) Resolution No. 06-334 from the Town Council
of the Town of Hypoluxo, supporting and endorsing the principals of the
Municipal Home Rule Powers Act;
E) Resolution No. 56-2006 from the City
Commission of the City of Lake Worth, supporting and endorsing the principals
of the Municipal Home Rule Powers Act;
F) Resolution No. 75-06 from the Town Council of
the Town of Palm Beach, supporting and endorsing the principals of the
Municipal Home Rule Powers Act;
G) Resolution No. R14-06 from the Town Council
of the Town of Palm Beach Shores, supporting and endorsing the principals of
the Municipal Home Rule Powers Act; and
H) Resolution No. 06-56 from the Village Council
of the Village of Royal Palm Beach, supporting and endorsing the principals of
the Municipal Home Rule Powers Act.
2. Staff recommends motion to approve: Amendment No. 3 to the contract for consulting/professional services with Langton Associates, Inc. (R2004-0180) for services related to Palm Beach County=s Grant Development Program for the period of February 1, 2007, through January 31, 2008, in the amount of $86,149.35. SUMMARY: On February 3, 2004, the Board approved a consulting/professional services contract with Langton Associates, Inc. for the term of February 1, 2004, through January 31, 2005 to provide grant program development services. Amendment No. 1 approved on February 1, 2005 extended the term an additional one (1) year period and increased the annual amount by 5%. Amendment No. 2 approved on February 7, 2006 extended the term for an additional one (1) year period. This Amendment will extend the term of the contract for an additional one (1) year period and provides a 5% increase over the annual amount. Countywide (DSW)
3. Staff recommends
motion to approve: revised
Program Guidelines for the Neighborhood Home Beautification Program to include
homesteaded property as an additional requirement for the program. SUMMARY:
The revision being made to the
Neighborhood Home Beautification Program (NHBP) guidelines is the requirement
that all properties must be homesteaded to be eligible for NHBP funding. Countywide
(AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
4. Staff recommends
motion to approve:
A) an
Agreement with the City of Pahokee in an amount not-to-exceed Three Hundred
Thirty Six Thousand Four Hundred Sixty Nine Dollars ($336,469) for sewer
repairs;
B) an
Agreement with the City of Belle Glade in an amount not-to-exceed Two Hundred
Thirteen Thousand Five Hundred Sixty Eight Dollars ($213,568) for storm water
system repairs;
C) an Agreement with the City of Belle Glade
in an amount not-to-exceed One Hundred Twenty Five Thousand Dollars ($125,000)
for improvements to Lift Station No. 1;
D) an
Agreement with Palm Beach County Sheriff’s Office (PBSO) in an amount
not-to-exceed One Hundred Thousand Dollars ($100,000) for “Putting Kids First”;
E) an
Agreement with Abundant Life Fellowship of the Palm Beaches in an amount
not-to-exceed Seventy Five Thousand Dollars ($75,000) for expenses related to
“Project Exodus”;
F) Budget
Transfer of $100,000 from the Capital Outlay from CCRT to the Sheriff’s Grant
Fund; and
G) Budget
Amendment of $100,000 in the Sheriff’s Grant Fund to recognize and appropriate
the transfer from the Capital Outlay Fund.
SUMMARY: The
above projects were reviewed and recommended for funding by the Countywide
Community Revitalization Team (CCRT) Committee on October 10, 2006 and approved
by the Board of County Commissioners (BCC) on November 21, 2006. The individual project funding agreements are
now being submitted to the BCC for approval.
The budget transfer and amendment are needed to allocate funds to PBSO. Countywide
(AH)
5. Staff recommends
motion to approve: the First Amendment to the contract
dated February 1, 2005 (R2005-0172) with J. Gordon Routley relating to the
implementation of a voluntary Countywide Fire Rescue Level of Service and
Common Dispatch System. This First
Amendment extends the agreement until October 31, 2009, revises the scope of
work, and increases the total contract not-to-exceed amount by $16,320 to a
total of $50,160 ($42,160 for fees and $8,000 for expenses). SUMMARY: In 2005, Mr. J. Gordon Routley
consulting/professional services contract provided assistance to the Fire
Rescue Level of Service Committee. The
scope of services in the original contract included providing assistance in developing
a voluntary countywide level of service and common dispatch system. The Fire Rescue Level of Service Committee
has made significant progress but has not completed these tasks. The Fire Rescue Level of Service Committee is
recommending his contract be extended until October 31, 2009 to coincide with
the October 2009 implementation date of these two (2) important programs. Countywide (SB)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
6. Staff recommends
motion to adopt: a Resolution supporting designating the
Jupiter Lighthouse and the surrounding Federal Lands as an Outstanding Natural
Area in order to protect, conserve and enhance the unique and nationally
important historic, natural, cultural, scientific, educational, scenic, and
recreational values of this important site. SUMMARY: The protection for the Jupiter
Inlet Lighthouse and its surrounding Federal Lands will ensure that this
historic structure and the surrounding native ecosystems remain a part of the
historic, cultural and natural heritage of the United States. District 1 (SF)
B. CLERK AND 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
Final November
21, 2006
Reorganization November 21,
2006
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 Department; and
the Department of Airports during November 2006. Countywide
C. ENGINEERING
1. Staff recommends
motion to approve: the
Second Amendment to an agreement (R2004-1620) for professional consulting
services with Kimley-Horn and Associates approved on July 13, 2005. SUMMARY: This Agreement provides for professional
services to develop a database showing the traffic from all approved
projects. The database will be used for
future concurrency traffic studies and a new five (5) year build-out test. The goal for Small Business Enterprise (SBE) and/or
Minority/Women Business Enterprise (MBE) is 15%. The actual participation level is 20% for SBE
-MBE, achieved through their sub-consultant, M.T.P. Group, Inc. This Amendment will extend the date for
completion of the work from July 31, 2006 to March 31, 2007, and allow for
reallocation of budget amounts among the various labor and direct expense tasks
to better balance the project effort with task budgets. Countywide (LB)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
(Cont’d)
2. Staff recommends
motion to approve:
A) an Agreement with the Village of Royal Palm Beach for the installation
of a traffic signal at the intersection of State Road 7 and Victoria Groves
Boulevard; and
B) a Budget Amendment of $405,000 in the Transportation Improvement Fund to
recognize the participation of the Village of Royal Palm Beach and appropriate
it to the Village of Royal Palm Beach signal at State Road 7 and Victoria
Boulevard.
SUMMARY: This
Agreement will allow the Palm Beach County Traffic Division to construct a
traffic signal at the intersection of State Road 7 and Victoria Groves
Boulevard. The cost of the traffic
signal will be paid by the Village of Royal Palm Beach. District 6 (MRE)
3. Staff recommends
motion to:
A)
accept a Warranty Deed; and
B) approve payment of $733,200 for Parcels
157 and 158.
SUMMARY: The
property owner has accepted the appraised value of $733,200 for property that
is required for the retention pond that is necessary for the roadway
construction project of Seminole Pratt-Whitney Road at the Northlake Boulevard
intersection. District 6 (PM)
4. DELETED
5. DELETED
6. Staff recommends
motion to approve: nine (9) Appraiser
Agreements with the appraisal firms as listed:
Ames
Appraisal Services M. R. Ford & Associates
Anderson
& Carr, Inc. S. F. Holden, Inc.
Appraisal
& Acquisition Consultants, Inc. Jenkins
Appraisal Services, Inc.
Callaway
& Price, Inc. R. E. Analysts, Inc.
The Spivey
Group, Inc.
SUMMARY: This
action approves agreements with nine (9) firms to provide appraisal services to
Palm Beach County for right-of-way acquisition purposes. Countywide (PFK)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
(Cont’d)
7. Staff recommends motion
to approve: a Contract Amendment of $1,019,000 and an 18-month
contract extension to the annual pavement marking contract (R2005-0848), dated
May 3, 2005, with the pavement marking contractor, Transmark, Inc. SUMMARY: The Amendment to the annual pavement marking contract
extends the expiration date of the existing contract retroactively from
November 3, 2006 to May 3, 2008. The
dollar value of the contract is to be increased to a not-to-exceed amount of
$3,200,000. The annual pavement marking
contract consists of furnishing and installing pavement marking material,
raised reflectorized pavement markers and traffic paint on County
roadways. Due to the non-existence of
any Small Business Enterprise (SBE) company which could furnish thermoplastic material,
as verified by the Office of Small Business Assistance, the requirement for SBE
participation is hereby deleted from this contract.
Countywide
8. Staff recommends
motion to approve:
A) a
Budget Transfer of $50,000 in the Transportation Improvement Fund – District 1
Reserves to partially fund the temporary traffic signal at Donald Ross Road and
Parkside Drive – District 1; and
B) a
Budget Amendment of $35,000 to recognize the participation of the Town of
Jupiter and appropriate it to partially fund the temporary traffic signal at
Donald Ross Road and Parkside Drive.
SUMMARY: This
action will initiate a Budget Transfer of $50,000 in the Transportation
Improvement Fund from reserves for District 1 and a Budget Amendment of $35,000
required to recognize the participation of the Town of Jupiter, for the
temporary traffic signal at Donald Ross Road and Parkside Drive. District1 (MRE)
9. Staff recommends
motion to approve: an Amendment
to the Financial Assistance Agreement (R2004-1409) with the Village of Royal
Palm Beach (Village) for an extension of the completion date for improvements
on the Florida Department of Transportation’s State Road 7 from the south
Village limit (approximately one mile south of Southern Boulevard) to Southern
Boulevard. SUMMARY: The original
Agreement provides for a reimbursement, in an amount not-to-exceed $112,944, to
the Village for the planned improvements on the Florida Department of
Transportation’s State Road 7 from the south Village limit (approximately one
mile south of Southern Boulevard) to Southern Boulevard. This Amendment will extend the completion date
from September 30, 2006 to September 30, 2007. The completion date of the improvements has
been delayed due to the contractual completion date occurring after the
agreement deadline. District 6 (MRE)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
(Cont’d)
10. Staff recommends
motion to approve:
A) a
Financial Assistance Agreement with Keep Palm Beach County Beautiful (KPBCB) to
provide a reimbursement contribution not-to-exceed $30,000 annually for four (4)
consecutive years (subject to budget) for a maximum of $120,000;
B) a
Budget Transfer of $30,000 in the Transportation Improvement Fund from Reserve
for District 2 to Cabana Colony Local Drainage; and
C) a
Budget Transfer of $30,000 in the Capital Outlay Fund from Cabana Colony Local
Drainage to KPBCB District 2.
SUMMARY: This
item provides funding of $30,000 for the first of four (4) annual allocations
to KPBCB for Fiscal Year 2007 through Fiscal Year 2010 for a maximum total of
$120,000. The efforts of KPBCB serve a
public purpose by promoting and facilitating public and community area
enhancement programs and by promoting, facilitating, and reviewing
beautification grants for the purpose of enhancing thoroughfare roadways
throughout Palm Beach County. Countywide (MRE)
D. COUNTY ATTORNEY
1. Staff recommends
motion to approve: a Mediation
Settlement Agreement, inclusive of attorneys fees and costs, in the total
amount of $95,000 in the personal injury action styled Frank and Magda
Szydlowski, his wife vs. Palm Beach County, Case No. 50 2006
CA000489XXXXMBAH. SUMMARY: This is a personal injury claim arising from
an alleged motor vehicle accident that occurred on October 13, 2004 on Lucerne
Ave. Lake Worth, Florida. The Plaintiff,
Frank Szydlowski, alleged that a County truck that was negligently operated
collided with his car on Lucerne Ave, causing him to sustain major neck and
back injuries. His wife also has a loss
of consortium claim. Staff, including
the Risk Management Round Table Committee, agrees that the settlement is in the
best interest of the County. Countywide
(DRO)
E. COMMUNITY
SERVICES
1. Staff recommends
motion to:
A) ratify the Chairperson’s signature on the Service Provider Application (SPA)
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for
various services to the elderly; and
B) approve Standard Agreement for the
Older Americans Act (OAA) program with AAA for the period January 1, 2007,
through December 31, 2007, in the amount of $1,900,108 for various services to
the elderly.
SUMMARY: The Service Provider Application (SPA) was signed by the Chairperson on
November 16, 2006 and submitted through the emergency signature process to meet
the AAA required deadline. The
application has been approved for OAA funding of $1,900,108. As a result of the SPA approval, the OAA
Standard Agreement will allow the Division of Senior Services (DOSS), as lead
agency, to contract with vendors to provide adult day care, escort, housing improvement,
in-home services (homemaker, personal care, respite, companionship and chore), interpreter/translating,
screening/assessment, congregate meals, home delivered meals, nutrition education,
nutrition counseling, outreach and specialized medical equipment, services
& supplies. The Agreement spans two (2) County fiscal years. Sufficient funding is available in the FY
2007 budget to meet County obligations.
County match and additional funding required to meet FY 2008 obligations
will be requested in the FY 2008 budget process. In the area south of Hypoluxo
Road, Mae Volen Senior Center, Inc. currently provides OAA services under a
similar grant from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5, & 7 south of Hypoluxo Road (TKF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
E. COMMMUNITY
SERVICES (Cont’d)
2. DELETED
3. Staff recommends
motion to:
A) rescind Amendment No. 002 (R2006-2399; dated November 21, 2006) to Standard
Agreement No. IA006-1 for the Older Americans Act (OAA) Program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA);
B) approve replacement with revised Amendment No. 002;
C) approve Amendment No. 003; and
D) approve Amendment No. 004 to Standard
Agreement No. IA006-1 for the OAA Program with AAA adjusting program funding
amounts and increasing the agreement amount by $183,943 for a new total
not-to-exceed amount of $2,084,052 for various supportive services to seniors.
SUMMARY: Amendment
No. 002 needs to be rescinded and replaced due to an error in funding
calculations by AAA. Revised Amendment
No. 002, and new Amendments No. 003 and No. 004 will adjust funding category
amounts and increase the total funding provided by this agreement. The amendments are being executed
consecutively according to issue date at the request of the AAA and the State
Department of Elder Affairs. There is a
required County match of $20,438 (10%), which is currently in the budget. No additional County funds are needed. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provide OAA services under a similar grant from
the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5, & 7 south of Hypoluxo Road (TKF)
4. Staff recommends
motion to approve: Amendment
No. 002 to Standard Agreement No. IU006-1 (R2005-2322; dated December 6, 2005)
for the Nutrition Services Incentive Program (NSIP) with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc.
(AAA) increasing the number of units and increasing the maximum reimbursement
by $27,693 for a new total not-to-exceed amount of $332,839. SUMMARY: Additional funding has been granted under
the NSIP grant. This Amendment will
increase the number of units from 457,470 to 655,175; and increase the new
maximum reimbursement from $305,146 to $332,839. In the area south of Hypoluxo Road, Ruth
Rales currently provide OAA services under a similar grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (TKF)
5. Staff recommends
motion to approve: Non-Institutional
Medicaid Provider Agreement renewals for the Home and Community Base Medicaid
Waiver program with the State of Florida Agency for Health Care Administration
(AHCA) for a period of ten (10) years from the effective date of eligibility. SUMMARY: The Division of Senior Services (DOSS)
administers the Home and Community Base Medicaid Waiver program, which provides
a variety of services to low-income eligible seniors at risk of nursing home
placement. The Non-Institutional
Medicaid Provider Agreement will allow DOSS the ability to continue to utilize
the Medicaid Program in providing services to seniors. DOSS bills Medicaid directly for case management
services on a contracted unit rate basis and receive payments via Electronic
Funds Transfers (EFT). No County funding is required. (DOSS)
Countywide except for portions of Districts 3, 4, 5, & 7 south of
Hypoluxo Road (TKF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
6. Staff recommends
motion to approve: three (3) Amendments to the Ryan White
Comprehensive AIDS Resources Emergency Act contracts for the period of March 1,
2006, through February 28, 2007 totaling $60,000 as follows:
A) Amendment
No. 1 to contract (R2006-1082) with Legal Aid Society of Palm Beach County,
Inc. to increase funding by $30,000 for a new total not-to-exceed amount of
$230,000 for legal services/permanency planning;
B) Amendment
No. 1 to contract (R2006-1087) with Treasure Coast Health Council, Inc. to
increase funding by $30,000 for a new total not-to-exceed amount of $455,000
for Care Council support; and
C) Amendment
No. 1 to contract (R2006-1083) with Oakwood Center of the Palm Beaches to
decrease funding by $60,000 for a new total not-to-exceed amount of $48,275 for
substance abuse residential and mental health counseling.
SUMMARY: Ryan White CARE Act service dollars are
reviewed throughout the contract year and dollars unlikely to be spent by the
end of the contract period are reallocated to best meet the need of the
affected clients. Funding for mental health
services will be reduced by $60,000 with $30,000 being allocated to legal services
and $30,000 being allocated to Care Council support. No County funds are required. (Ryan White) Countywide (TKF)
7. Staff recommends
motion to approve: Amendment No.
3 to the contract with Treasure Coast Health Council, Inc. (R2006-1086)
providing an additional $7,000 for specialty medical services. SUMMARY:
These are the remaining funds provided by the Palm Beach
County Health Department grant to the County (R2006-1350; dated July 18, 2006)
to supplement the Ryan White Title I funds.
This funding will be used to provide specialty medical services to HIV
affected clients. No County funds are
required. (Ryan White) Countywide (TKF)
8. Staff recommends
motion to approve: Standard Agreement No. IU007-1 for the Nutrition Services Incentive
Program (NSIP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
(AAA) for the period October 1, 2006, through September 30, 2007, for a total
not-to-exceed amount of $254,124. SUMMARY: NSIP funds are available to supplement the
cost of meals in the Division of Senior Services (DOSS) congregate and home meals
programs. NSIP provides reimbursement
for the purchase of United States produced agricultural and other food
commodities for use in nutrition projects operating under the approved Older
Americans Act (OAA) Title III agreement.
The maximum number of meals to be reimbursed is 400,227 at the rate of
$.6349487 per meal for a total of $254,124.
In the area south of Hypoluxo Road, Mae Volen Senior Center, Inc.
currently provide OAA services under a similar grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (TKF)
9. Staff recommends
motion to approve: Contract with the Palm Beach County Health
Department for the period October 1, 2006, through September 30, 2007, in an
amount of $128,120 for counseling services.
SUMMARY: The Palm Beach
County Health Department (PBCHD) will provide in‑depth, comprehensive
counseling for recalcitrant HIV positive clients tested through the agency as
well as necessary punitive actions for repeat offenders. Recalcitrant HIV positive clients are those
who are non-compliant and engage in behavior to spread transmission of the
infection. Examples of punitive action
include court ordered counseling, behavior modification, hospitalization, and
isolation. Funding for the PBCHD and
other County-sponsored agencies was included in the FY 2007 budget. Countywide (TKF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: seven (7) original contract(s)/ agreement(s)/grant(s)
for the Department of Airports:
A) Hangar Lease Agreement for North County
General Aviation Airport with Leonard Framalin, Hangar Number 11220-08,
effective January 8, 2007;
B) Hangar Lease Agreement for North County
General Aviation Airport with Dennis Lambe, Hangar Number 11200-07, effective December 11, 2006;
C) Hangar Lease Agreement for North County
General Aviation Airport with Richard Lawrance, Hangar Number 11220-01,
effective December 20, 2006;
D) Hangar Lease Agreement for North County
General Aviation Airport with Rodin Younessi, Hangar Number 11740-08, effective
January 8, 2007;
E) Agreement to Terminal Hangar Lease Agreement
for North County General Aviation Airport with Timothy Williams, Hangar Unit
Number 8, Building 11740, effective December 20, 2006 (amends R2006-0975);
F) Airline-Airport Use and Lease Agreement with
AirTran Airways, Inc., effective October 1, 2006; and
G) Airline-Airport Use and Lease Agreement with
Continental Airlines, Inc., effective October 1, 2006.
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the BCC
pursuant to R2003-1047, R2004-1367 and R2005-2444. Countywide (LMB)
2. Staff recommends motion to approve: Amendment
No. 4 to the General Consulting Agreement with CH2M Hill, Inc. for consulting/professional
services to exercise the first one (1) year renewal option for the continued
performance of professional planning and design services related to the approved
Palm Beach County Airports’ Capital Improvement Program. SUMMARY: The Consulting Agreement (R2005-0319) with
CH2M Hill, Inc. for general airport planning and design was approved on
February 15, 2005 in order to carry out the approved Capital Improvement
Programs for the County’s Airports. On February 7, 2006, the County entered into
Amendment No. 1 (R2006-0194) to provide additional services. On May 16, 2006, the County entered into
Amendment No. 2 (R2006-0841) to provide additional services. On October 17, 2006, the County entered into
Amendment No. 3 (R2006-2207) to provide additional services. This Amendment will allow the County, at its
sole discretion, to exercise the first one (1) year renewal option for the
continuation of services provided under this Agreement. There is no fiscal impact associated with
this Amendment. The Disadvantaged
Business Enterprise (DBE) goal will remain at 28.52%. Countywide (JCM)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
G. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff
recommends motion to approve: the signing of a Confidentiality Agreement with
the Agency for Workforce Innovation, Labor Market Statistics Center (AWI). Summary:
On July 11, 2006, the Board of County
Commissioners approved a Contract with Clarion and Associates (R2006-1345), in
association with Dr. James C. Nicholas, to provide professional and consulting
services for the preparation and design of an affordable and workforce housing
mitigation program for Palm Beach County.
Clarion Associates requires access to Quarterly Census of Employment
Wages (QCEW) for Palm Beach County in order to perform the contract Scope of
Work. AWI will release confidential QCEW
data to Palm Beach County for use by Clarion Associates with the signing of the
Confidentiality Agreement. Countywide (LB)
2. Staff recommends
motion to approve: a negotiated Settlement
Offer in the amount of $20,745.60 for the full satisfaction of a Code
Enforcement Lien that was entered against Automotive Experts of Palm Beach,
Inc. on November 21, 2001. Summary: The Code Enforcement Special Master (CESM)
entered an Order on March 7, 2001 giving Automotive Experts of Palm Beach, Inc. (Automotive Experts) until
July 5, 2001 to obtain building permits for interior renovation work that had
been done without permits (enclosed second floor loft area). Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $50 per day
was imposed. The CESM then entered a
claim of lien against Automotive Experts
on November 21, 2001. The cited
code violations were fully corrected as of December 29, 2003. The total accumulated lien amount through
March 29, 2004, the date settlement discussions began, totaled $62,236.80, of
which Automotive Experts has
agreed to pay the County $20,745.60 (33.34%) for full settlement of their
outstanding Code Enforcement Lien. District
2 (PM)
H. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: a License Agreement with The Credit Union of
Palm Beach County for the installation and operation of an Automated Teller Machine
(ATM) in the cafeteria of the Vista Office Building at 2300 North Jog
Road. Summary: The Credit Union has requested that the County
allow a Credit Union ATM to be installed in the Vista Office Building as a
convenience to County employees. The
Credit Union shall purchase, install, maintain and repair the ATM. The County would only supply the electricity
required to operate the ATM and provide access to telephone lines. The ATM will be installed in the cafeteria of
the Vista Office Building and shall be available for use only during normal
business hours. The Credit Union shall
not assess a fee to any user of the ATM.
There is no license fee associated with this license. The License Agreement shall extend for five
(5) years with an option to renew for two (2) additional five (5) year
terms. (FDO Admin) District 2 (JM)
2. Staff recommends
motion to approve: Amendment No.
1 to the annual Contract for Library Expansion Program with Slattery and
Associates, Architects Planners (R2004-0326) for professional consulting
services on a continuing contract basis. Summary: Slattery and Associates was selected to
provide professional consulting services for the Library Expansion Program on a
continuing contract basis. The Board
approved an annual contract on February 24, 2004. The original Contract provided for an initial
three (3) year term with two (2) - one (1) year renewal options. This Amendment provides for the first renewal
period. Slattery and Associates has a
Small Business Enterprise (SBE) participation goal of 15%. During the first three (3) years of the
contract, Slattery and Associates has achieved 15.7% participation. (Capital
Improvements Division) Countywide
(JM)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
3. Staff recommends
motion to approve: Change Order
No. 10 to Amendment No. 7 to Centex Construction LLC (R2003-1541) for the
Wellington Library in the amount of $28,010.96.
Summary: Change Order No. 10 is a result of required
upgrades to existing landscaping and changes to planned tree types as a result
of plan review and permitting requirements by the Village of Wellington and
additional irrigation work due to differing field conditions. Change Order No. 10 must be approved by the
Board as it exceeds the cumulative limits of the Department Director and the
Contract Review Committee (CRC). The Small
Business Enterprise (SBE) goal for this contract is 15% and with this Change
Order, overall participation is 15.35%. (Capital
Improvements Division) District6
(JM)
4. Staff recommends motion to approve:
A)
Contract with Marine Engineering, Inc. for the fit-up of the West County
Jail, Pod A in the amount of $889,000; and
B) a
Budget Transfer of $541,000 from reserves in the Public Building Improvement
Fund to increase the project budget.
Summary: This Contract will provide for the interior
build-out of the West County Jail Pod A.
Work includes the completion of rough plumbing and the installation of
plumbing and electrical fixtures as well as refinishing the floor. The Small Business Enterprise (SBE) goal for
this project is 15%. Marine Engineering
Contractors, Inc.=s bid includes participation at 28.1%. The Contract time is 90 days to substantial
completion. (Capital Improvements Division) District
6 (JM)
5. Staff recommends
motion to approve: a First
Amendment to the Agreement with Good Samaritan Medical Center (R2004-0901),
allowing for interoperable communications through the countywide and EMS common
groups of the County=s 800 MHz Radio System, to extend the term of the
Agreement until May 18, 2010. Summary: The Agreement with Good Samaritan,
which provides the terms and conditions under which Good Samaritan can program
into its radios and utilize the countywide and EMS common talk groups for
certain types of inter-agency communications, will expire on May 18, 2007. The Agreement provides for three (3) - three
(3) year renewals but renewals require approval by both parties. Good Samaritan has approved a renewal to
extend the term of the Agreement until May 18, 2010. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to other hospitals and EMS providers. There are no charges associated with this
Agreement. Good Samaritan is required to
pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The Agreement may be terminated by either
party, with or without cause. (FDO/ESS)
Countywide (JM)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
6. Staff recommends
motion to approve: a First
Amendment to the Agreement (R2002-1353) with the Village of Wellington
(Wellington) allowing for interoperable communications through the countywide
common groups of the County=s 800 MHz Radio System, to extend the term of the
Agreement until August 20, 2012. Summary: The Agreement which provides the
terms and conditions under which Wellington can program into its radios and
utilize the countywide common talk groups for certain types of inter-agency
communications, will expire on August 20, 2007.
The Agreement provides for three (3) - five (5) year renewals but
renewals require approval by both parties.
Wellington has approved a renewal to extend the term of the Agreement
until August, 2012. The renewal now requires
Board approval. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
Agreement. Wellington is required to pay
all costs associated with subscriber units and to comply with the established
operating procedures for the System. The
Agreement may be terminated by either party, with or without cause. (FDO/ESS) Countywide (JM)
7. Staff recommends
motion to approve: a First Amendment to the Agreement with Delray
Medical Center (R2004-0457), allowing for interoperable communications through
the countywide and EMS common groups of the
County=s 800 MHz Radio System, to extend the term of the
Agreement until March 16, 2010. Summary: The Agreement which
provides the terms and conditions under which Delray Medical can program into
its radios and utilize the countywide and EMS common talk groups for certain
types of inter-agency communications, will expire on March 16, 2007. The Agreement provides for three (3) - three
(3) year renewals but renewals require approval by both parties. Delray Medical has approved a renewal to
extend the term of the Agreement until March 16, 2010. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to other hospitals and EMS providers. There are no charges associated with this
Agreement. Delray Medical is required to
pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The Agreement may be terminated by either
party, with or without cause. (FDO/ESS)
Countywide (JM)
8. Staff recommends
motion to approve: a Second Amendment to extend the term of the Use
Agreement (R2003-0126) dated January 28, 2003, with the Sheriff of Palm Beach
County for improved residential property located at 328 Urquhart Street in Lake
Worth for five (5) months. Summary: The Sheriff has used and occupied the
improved residential property located at 328 Urquhart Street in Lake Worth
since 2003 for the purposes of conducting law enforcement activities to support
the community revitalization efforts in the area. The
initial term of the agreement was three (3) years ending on January 28, 2006,
with two (2) - one (1) year renewals upon mutual agreement. Last year, the agreement was amended to extend
the term of the agreement for one (1) year, through January 28, 2007. The Sheriff has determined that it is no
longer necessary for the property to be occupied by the Sheriff and should be
returned to residential use as anticipated.
The sale of the property is expected to take about five (5) months;
during that time, the Sheriff has agreed to continue to maintain the
property. This Amendment will extend the
term of the agreement for five (5) months, through June 28, 2007, in order to
allow the Sheriff to provide maintenance of the property prior to its
sale. The Sheriff donated $66,000 from
the Law Enforcement Trust Fund (LETF) to the County for the acquisition of this
property in 2003, which will be returned to the LETF. (FDO
Admin) District 4 (HJF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
9. Staff recommends
motion to approve: Change Order No. 7 to the contract with West
Construction, Inc. (R2005-0235), in the amount of $8,214.03. Summary:
Phil Foster Park is a well-established and heavily used park located on the
Intracoastal Waterway at the eastern end of the Blue Heron Boulevard bridge in
Riviera Beach. Construction of the
improvements were completed in May 2006, and the park was re-opened to the
public. Change Order No. 7 is for
changes to the existing lift station electrical service and to relocate
transformers required for installation of FPL service to the renovated park. This work was completed prior to approval of
this Change Order by the Board. Change
Order No. 7 must be approved by the Board as it exceeds the cumulative limits
of the Department Director and the Contract Review Committee (CRC). The Small
Business Enterprise (SBE) goal for this project is 15%. This Change Order includes 25.6%
participation, and when combined with previous work done under this contract,
the overall SBE participation is 40.6%.
(Capital Improvements Division) Districts
1 & 7 (JM)
10. Staff recommends
motion to approve: Change Order
No. 30 to the contract with The Weitz Company (R2002-1868) in the amount of
$139,891 and adding 30 days to the contract time for the South County
Courthouse expansion project. Summary: Change Order No. 30 provides for the cost
associated with owner requested changes to the coal tar roofing system,
specifically for a Flexlastic membrane system to eliminate loose gravel in the
finished system and to mitigate delays in the supply of the specified roofing
materials. The Change Order also
includes the cost for a temporary roof to allow for interior work to continue
during this change. The Change Order
includes a time extension of 30 days to the contract due to delays in securing
the roofing materials. The M/WBE goal
for this project is 15% overall with 5% Black participation. This Change Order includes 0% overall and 0%
Black participation. When combined with
previous work done under this contract, the M/WBE percentages are 16.7% overall
with 0.75% Black. (Capital Improvements
Division) Countywide/District 7 (JM)
11. DELETED
12. Staff recommends
motion to approve: exercise of the Second Option to extend the term of
the Sublease Agreement (R2003-0529) dated April 15, 2003, with Easter Seals
Florida, Inc. for 1,520 SF within the Easter Seals building located on Congress
Avenue in West Palm Beach, at an annual rate of $60,000/yr. Summary: The Community Services Department=s, Division of Head Start currently subleases and has
exclusive use of approximately 1,520 SF of space, together with the shared use
of approximately 6,100 SF of lobby/reception area, laundry room, kitchen/staff
break room, board room, three (3) therapy rooms, indoor and outside storage
areas, a teacher resource room, indoor play area room and three (3) outdoor
playgrounds, at the Easter Seals building at 213 South Congress Avenue in West
Palm Beach for operation of an Early Head Start program. The initial term of the Sublease
Agreement was for three (3) years ending on April 14, 2006, with two (2)
extension options, each for a period of one (1) year, subject to approval by
Easter Seals. The first option expires
on April 14, 2007. This option will
extend the term of the Sublease for one (1) year, from April 15, 2007 through
April 14, 2008. The annual rent for this
extension period is $60,000 ($39.47/SF) and includes all maintenance and
utilities, except telephone. (PREM) District
7 (JMB)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
13. Staff recommends
motion to receive and file: notice of exercise of the First Renewal Option under the Agreement
of Lease (R2003-1804), with San Castle Community Leadership Organization, Inc.,
for a 700 SF home within unincorporated Boynton Beach at an annual rate of
$10/yr. Summary: On
November 4, 2003, the Board approved the Agreement of Lease with the San Castle
Community Leadership Organization, Inc. for its use of a 700 SF single-family
home located at 1057 Highview Road within the San Castle neighborhood in
Boynton Beach, for the operation of a community center. The initial term of the Lease was for three
(3) years ending on January 8, 2007, with two (2) extension options, each for a
period of two (2) years. Exercise of
this option will extend the term of the Lease from January 9, 2007 through
January 8, 2009. The annual rent for
this extension period is $10. The County pays for water and electric services
while the Tenant is responsible for all taxes and assessments. Pursuant to the terms of the Lease, San
Castle Community Leadership has the right to exercise its option 90 days prior
to the expiration of the original term and the Board has no discretionary
authority to not allow the exercise of the option. However, the letter was not received by
County staff until November 28, 2006. (PREM)
District 7 (JMB)
14. Staff recommends
motion to approve: Change Order No. 24 to the contract with
Catalfumo Construction, Ltd. (R2004-1626) in the amount of $19,159.10 to change
out four (4) double detector check valves (DDCV) assemblies at the Operations
& Support Center Facility. Summary: Change Order No. 24 will replace four (4) 6”
DDCVs assemblies with 4” DDCV assemblies.
There is one (1) assembly for Building 1 (Vehicle Maintenance Facility),
two (2) for Building 2 (FDO Building), and one (1) for Building 4 (R&B/TO
Building) affected by this Change Order.
Reducing the size of the DDCVs to
be installed, allows the owner to benefit from significant cost reductions of
the utility connection fees. This Change Order must be approved by the
Board as it exceeds the cumulative limits of the Department Director and the
Contract Review Committee (CRC). Minority/Women
Business Enterprise (M/WBE) participation for this Change Order is 0%. When added to the Contractor’s participation
to date, the resulting (M/WBE) participation is 27%. The Contractor’s M/WBE contract goal is
15%. (Capital Improvements
Division) District 2 (JM)
I. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No.
002 to an agreement (R2005-2345) with the City of Greenacres to extend the
expiration date from December 31, 2006 to April 30, 2007, for the expenditure
of $100,000 in Community Development Block Grant (CDBG) funds. SUMMARY: The Amendment provides an extension of four (4)
months to the term of the existing agreement for the construction of street
improvements on Walker, Perry, and Broward Avenues, between 10th Avenue North
and the Lake Worth Drainage District L-10 Canal, in the City of
Greenacres. The work includes the
construction of storm drainage, sidewalks, street lighting, and the paving and
restoration of the existing roadway and driveway connections damaged by this
new construction. The City is concerned
that administrative procedures and issuing of a final payment to the contractor
could go beyond the expiration date of this agreement, and has accordingly
requested this extension to allow for the orderly completion of the project
without undue constraints. These are
Federal funds that require no local match.
District 2 (TKF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: an Agreement with the Town of Lake Park for
storm water drainage improvements in the amount of $45,353 in Community
Development Block Grant (CDBG) funds for the period of February 6, 2007,
through December 31, 2007. SUMMARY: The work includes the installation of storm
water drainage on Bayberry Drive between 7th Court and 8th
Street, in the target area of the Town of Lake Park. This project constitutes the tenth (10th)
funding phase for storm water drainage improvements in the target area. The design for this project was completed
with CDBG funding during previous fiscal years.
CDBG funding was used to complete the design and construction for Phases
I through IX. This Agreement will
provide $45,353 in Federal CDBG funds which do not require local matching
funds. District 1 (TKF)
3. Staff
recommends motion to approve: an Agreement with the City of
Greenacres for demolition of a building and construction of a parking lot, in
the amount of $70,742 in Community Development Block Grant (CDBG) funds for the
period of February 6, 2007, through December 31, 2007. SUMMARY: CDBG funds will be used for the demolition of
an obsolete building and the construction of a parking lot in its place. The parking lot (including storm drainage,
lighting and landscaping) will serve a community center, adjacent ballfields
and recreation buildings in Ira Van Bullock Park in the City of
Greenacres. This Agreement will provide
$70,742 in Federal CDBG funds which do not require local matching funds. District 2 (TKF)
4. Staff
recommends motion to receive and file: a Summary of funding awards made to property owners for housing
rehabilitation projects totaling $43,200 approved between October 1, 2006, and
December 31, 2006, pursuant to Resolution No. R94-1139. SUMMARY: On September 13, 1994, the Palm Beach County
Board of County Commissioners (BCC) approved Resolution No. R94-1139,
authorizing the County Administrator or his designee, and/or the Director of
the Department of Housing and Community Development (HCD) to approve funding to
property owners in accordance with policies of the various housing rehabilitation
programs administered by HCD. The authorization also allowed for staff
approval of additional funding for projects previously funded. This summary of funding awards, which is
reported quarterly, includes housing rehabilitation projects funded between
October 1, 2006, and December 31, 2006.
Funding awards made during this period in accordance with the authority
delegated by the BCC totaled $43,200.
Projects not receiving approval through the delegated authority, are
submitted directly to the BCC for approval and do not appear on this
report. Countywide (TKF)
5. Staff recommends
motion to approve: Amendment
No. 001 to the Conditional Loan Agreement with Villa Regina of West Palm Beach,
Inc. SUMMARY: HUD has requested an
amendment to the loan documents to facilitate the construction of Villa Regina
a Florida not-for-profit corporation for $2,000,000 funded by the State Housing
Initiative Partnership Program, approved by No. R2006-1042 on June 6, 2006. Specifically, HUD wants to replace Exhibit “B”
entitled “Conditional Promissory Note” and Exhibit “C” entitled Mortgage and
Security Agreement with the same shown as an Attachment for the purpose of
incorporating the above changes into the documents for consistency. The changes are as follows: A) “The Conditional Loan” language is being
revised to move the loan closing date from December 31, 2006 to March 30, 2007; B) the
“Disbursement of Conditional Loan Funds” language is being revised to require
Palm Beach County to disburse its funds on a prorated basis simultaneously with
the release of U.S. Department of Housing and Urban Development’s (HUD) funds;
and C) the “Indemnification from Third Party Claims” language to is being
revised to release HUD from any other obligation of indemnification of any
nature whatsoever, to any company, person, or party, now or in the future, if
HUD has to take possession of the property. District 2 (TKF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to receive and file: two
(2) Standard Development Agreements and one (1) Utility Concurrency Reservation
Agreement complete with executed documents received during the months of
November 2006 and January 2007:
Standard Development Agreement
A) Brahmdeo M. Persaud and Odilia V. Persaud 01-01187-000
B) Grove Nurseries, Inc. 05-01087-000
Utility Concurrency Reservation Agreement
C) Hypoluxo/Jog LLC 05-01088-000
SUMMARY: The terms and conditions for Standard
Development Agreements are outlined in the Water Utilities Department=s Uniform Policies and Procedures
Manual. The Board of County
Commissioners delegated the authority to execute various types of Standard
Development Agreements to the Department Director including potable water and
wastewater agreements (R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements
(R2003-0539). After these agreements are
executed by the developer and the Department, they must be recorded by the
County Clerk=s Office. This agenda item recommends the
Board receive and file the agreements so they may be properly recorded. Countywide (SF)
2. Staff recommends
motion to approve: Change Order
No. 3 to the contract with AKA Services, Inc. (R2006-1003) for the Northern Region
Utility Improvement Project Phase 2A increasing the contract price by
$130,677. SUMMARY: On June 6, 2006, the Board approved a
contract with AKA Services, Inc. in the amount of $8,745,000 for construction
of various sizes of water and force mains and related appurtenances along
Northlake Boulevard, Hamlin Boulevard, and Seminole Pratt-Whitney Road. Change Order No. 3 will authorize the
Contractor to install storm drainage culverts; to remove and replace unsuitable
soil materials; and to use different pipe materials and construction method for
multiple road crossings. Total change
orders to date, excluding the $2,425,897.24 sales tax recovery program change
order, equal $195,289 (2.2% increase).
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15.00% overall.
This Change Order includes zero SBE participation. The contractor=s cumulative SBE participation, including this Change Order, is 19.90%
overall. (WUD Project No. 04-227 A) District 6 (JM)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends
motion to approve: Change Order
No. 5 to the contract with Cardinal Contractors, Inc. d/b/a Widell, Inc.
(R2005-1893) for the Palm Beach County Research Village (PBCRV) Utility Site
Project, adjusting the contract amount by $98,042.46 and providing a 14-day
time extension. SUMMARY: On September 27, 2005, the Board approved
a contract with Widell, Inc. in the amount of $8,895,000 for construction of
the Mecca Utility Site. In conjunction
with the County=s Sales and Use Tax Recovery Program, various materials were deleted
from Widell=s scope of work in Change Order No. 1 (R2005-2071). Purchase Order PBC 05-018-04 was subsequently
issued to McDade Waterworks, Inc. for direct purchase of ductile iron pipe and
fittings by the County. This resulted in
estimated sales tax savings of $19,613.79.
A final reconciliation of Purchase Order PBC 05-018-04 indicates fewer
materials were utilized than originally estimated. The combined value of materials purchased
under this Purchase Order was $237,089.44 as compared to the $326,896.58
authorized for purchase, resulting in a difference of $89,807.14. As a result of the quantity reduction, the
contract with Widell must be increased by $95,195.37 ($89,807.14 plus 6% sales
tax) to reconcile Purchase Order 05-018-04. The final sales tax savings to the
County on this Purchase Order is $14,225.37.
The Change Order also authorizes the Contractor to provide piping
adapters and provides a 14-day time extension for coordination of work by
another Contractor. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0%
overall. This Change Order includes zero overall SBE participation. The Contractor=s cumulative SBE participation, including this Change Order is 19.11%
overall. (WUD Project No. 05-018) District 6 (JM)
4. Staff recommends
motion to approve: South Florida
Water Management District (SFWMD) Alternate Water Supply Funding Program
Agreement No. 4600000591 for construction of the Century Village Reclaimed
Water Production Facility in the amount of $1,000,000. SUMMARY:
The SFWMD Governing Board has authorized $1,000,000 in cost-sharing
funds to be applied to construction of a reclaimed water production
facility. Under this Agreement, the
SFWMD will provide the County with a $1,000,000 grant to fund forty percent
(40%) of the construction cost of this project. The balance of the total
project cost will be funded through the Water Utilities Department=s Capital Improvement Program. Once completed, the Century Village
Reclamation Facility will expand the Department=s reclaimed water distribution system,
eventually allowing for the reclamation of an additional six million gallons
per day of water. (WUD Project No.
05-062) District 2 (MJ)
5. Staff recommends
motion to approve: 2006-2007
South Florida Water Management District (SFWMD) Alternate Water Supply Funding
Program Agreement No. 4600000595 for construction of the Lake Region Water
Treatment Plant (LRWTP) in the amount of $1,000,000. SUMMARY:
On October 12, 2006, the SFWMD Governing Board authorized
$1,000,000 in Alternative Water Supply cost-sharing funds to be applied to
construction of the LRWTP project. Under
this Agreement, the County will complete construction of raw water mains,
potable water transmission pipelines, membrane building, clearwell structure,
chemical containment structure, and installation of membrane elements by August
1, 2007. SFWMD will provide the County
with a $1,000,000 grant to fund forty percent (40%) of these construction
costs. These critical project components will enable the communities of Belle
Glade, Pahokee, and South Bay to eliminate their dependence on water from Lake
Okeechobee for public water supply. (WUD
Project No. 03-169) District 6 (MJ)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
6. Staff recommends
motion to approve: a
Settlement Agreement with the Florida Department of Environmental Protection
(FDEP) and the United States Environmental Protection Agency (EPA) settling the
County's challenge to the new EPA Underground Injection Control (UIC)
regulations. SUMMARY:
Palm Beach County Water Utilities Department
(WUD) uses underground injection via Class I municipal disposal wells to
dispose of a portion of its treated wastewater.
In December 2005, the EPA promulgated a new UIC regulation, which will
be administered by FDEP. The rule is
intended to provide increased surety that potential upward migration of
contaminants from treated wastewater will not adversely impact public
health. While the County supports the
regulatory concept contained in the rule, certain requirements are highly
impractical and would interfere with the development of alternative water
technology as required by our South Florida Water Management District
permits. In January 2006, Palm Beach
County, along with a number of other utilities in South Florida, filed a legal
challenge to the rule. Following months
of discussion, the proposed settlement between EPA/FDEP and the County has been
arrived at which effectively balances the implementability of the rule with the
protection of public health. Countywide (MJ)
7. Staff recommends
motion to approve: Consultant
Services Authorization No. 8 to Brown & Caldwell, Inc. for wellfield
capacity enhancements in the amount of $209,168. SUMMARY: This Consultant Services Authorization
provides for engineering and hydrogeological services to optimize the wellfield
production capacity at Water Treatment Plants No. 3 and 9. This comprehensive wellfield evaluation will
assist with the Water Utilities Department=s on-going wellfield rehabilitation program
and to provide a long term plan to maintain sustainable wellfield yields. The contract with Brown & Caldwell, Inc.
includes the Small Business Enterprise (SBE) participation goal of 26%, which
exceeds the 15% goal established by the SBE Ordinance. This Consultant Services Authorization
includes 24.14% overall participation.
The consultant=s cumulative SBE participation, including
this Authorization, is 30.78% overall.
(WUD Project No. 07-022) District
5 (MJ)
8. Staff recommends
motion to approve: a Contract
with Miller Pipeline Corporation for rehabilitation of wastewater gravity
pipelines in an amount not-to-exceed $500,000. SUMMARY: The Department operates a wastewater collection
system, which is comprised of over 1,200 miles of pipelines serving
approximately 500,000 residents. This contract will provide for the
reconstruction and/or rehabilitation of leaking/damaged wastewater gravity
pipelines and service lines to several residential communities. By piggy backing an existing Contract with
the City of North Miami Beach (Sewer Collection System Rehabilitation Project
No. 2002-14), the department will be able to utilize lower unit cost for
cleaning, televising, root removal, sealing, and liner installation for
wastewater gravity pipelines. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15.00% overall. This
Contract with Miller Pipeline Corporation has zero SBE participation as the
City of North Miami Beach does not utilize a SBE program. (WUD Project No. 07-032) Districts 2 &
6 (JM)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
9. Staff recommends
motion to approve: Change Order No. 2 to the contract with Ricman
International, Inc. (R2006-1005) for the La Mancha Avenue Pipeline Extension
Project increasing the contract price by $155,549.27 and providing a 15-day
time extension. SUMMARY: On June 6, 2006, the Board approved a
contract with Ricman International, Inc. in the amount of $5,562,797.15 for
construction of various sizes of water and force mains and related
appurtenances along La Mancha Avenue and Okeechobee Boulevard. Change Order No. 2 will authorize the
Contractor to extend piping along Okeechobee Boulevard to avoid utility
conflicts and to provide equipment and labor to disinfect and test existing
piping. The Contractor has requested a
15-day time extension to complete this additional work. Total change orders to date, excluding the
$1,560,334.19 sales tax recovery program change order, equal $0.00. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance is 15.00% overall. This Change Order includes zero SBE
participation. The contractor=s cumulative SBE participation, including
this Change Order, is 12.19% overall.
(WUD Project No. 04-125B) District
6 (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to:
A) approve Grant Agreement No. 06122 with the Florida Fish and Wildlife Conservation Commission (FWC) that provides $13,408 for monitoring seventeen (17) reefs, including thirteen (13) artificial reefs built using construction grants from FWS;
B) approve Budget Amendment of $13,408 in the Environmental Enhancement Non-Specific Fund; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: FWC will pay the County up to $13,408 for monitoring activities associated with seventeen (17) reefs. The majority of the work will be performed by the volunteer Palm Beach County Reef Research Team (RRT). Grant funding is used to pay for boat charters and supplies. The grant period starts upon FWC's execution of the Grant Agreement and ends December 1, 2008. No matching funds are required. Districts 1, 4 & 7 (AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve:
A) a Budget Amendment of $3,394,981 in the $75M Conservation 2001 Bond Fund to recognize the receipt of a reimbursement grant from the Florida Communities Trust for Indian Lakes properties purchased as part of the Pine Glades Natural Area;
B) a Budget Amendment in the Capital Outlay Fund of $2,600,000 to remove the transfer from the Natural Areas Fund;
C) a Budget Transfer of
$2,600,000 in the Natural Areas Fund to remove the transfer to Capital Outlay
Fund and reallocate the funds.
Summary: A Budget Amendment in
the $75M Conservation 2001 Bond Fund will provide $3,394,981 in State funds
from the Florida Communities Trust as a reimbursement for land purchased
in FY 2004 as part of the Pine Glades Natural Area. Of the total, $1.35M will
be added to the Pine Glades Natural Areas account for continued eminent domain
activities, $1M will be added to Winding Waters, $250,000 added to Yamato
Scrub, $600,000 added to Loxahatchee Slough and $194,981 added to Limestone
Creek for construction activities. The
removal of a $2.6M transfer from the Natural Areas Fund to the Capital Outlay
Fund will result in a reduction in the Capital Outlay Fund of $900,000 from
Winding Waters, $1M from Limestone Creek, $400,000 from Loxahatchee Slough, and
$300,000 from North Jupiter Flatwoods. The
Budget Transfer in the Natural Areas Fund recognizes the transfer removal by
adding $800,000 to Natural Areas Management and $1,800,000 to Reserves. District 1 (SF)
3. Staff recommends motion to receive and file: Declaration of Restrictive Covenants (DRC) No.05-028-FF5 and Grant Award Calculation Statement (GAC) awarding a net of $3,394,981 from the Florida Communities Trust (FCT) reimbursing a portion of Indian Lakes Natural Area (now known as Pine Glades Natural Area) acquisition costs. Summary: A delegation of authority for execution of the standard County contract(s), agreement(s) or grant(s) above was approved by the BCC in Board item No. 3L2 on November 15, 2005 (R2005-2253), pursuant to PPM No. CW-O-051. District 1 (JB)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) approve Amendment No. 1 to the Interlocal Agreement with the City of West Palm Beach (City) (R2006-0880) for the installation of Pollution Control Devices (an increase of $500,000) through the Lake Worth Lagoon Partnership Grant Program (LWLPGP);
B) approve Amendment No. 1 to the Interlocal
Agreement with the Westgate/Belvedere Homes Community
Redevelopment Agency (CRA) (R2006-08810 for infrastructure improvements Phase 4
(an increase of $400,000) through the LWLPGP; and
C) approve Interlocal Agreement with the Town of Hypoluxo
(Town) in the amount of $400,000 for sewering of Hypoluxo Shores through the
LWLPGP; and
D) authorize the County
Administrator or his designee to sign all future time extensions, task
assignments, certifications and other forms associated with the Town’s
Agreement, and necessary minor amendments that do not change the scope of work
or terms and conditions of the Town’s Agreement.
Summary: On October 17, 2006, the BCC approved a $2,000,000 Amendment No. 1 (R2006-2257) to the State=s Department of Environmental Protection (DEP) Grant Agreement No. LP6046 for the LWLPGP. Construction projects benefiting Lake Worth Lagoon habitat and water quality will be administered as subgrants via the Interlocal Agreements with the responsible municipal entities. The total grant funding for the municipal projects is $1,300,000. A 100% match is required from the local entities. The BCC approved the Interlocal Agreements with the City (R2006-0880) and the CRA (R2006-0881) on May 16, 2006. Countywide (SF)
5. Staff recommends motion to approve: Budget Amendment of $400,000 in the 2001 Conservation Land Bond Fund to establish a revenue budget for the Florida Department of Environmental Protection (DEP) Task Assignments No. SE-107 ($200,000) and SE-109 ($200,000) for exotic plant removal at the Loxahatchee Slough Natural Area. Summary: Task Assignments No. SE-107 and SE-109 to DEP Contract No. SL898 (R2001-0772) for $200,000 each have been received from DEP, effective November 28, 2006 through May 31, 2007, for exotic plant control in the Loxahatchee Slough Natural Area. This Amendment will establish budget for the task assignments. Total project costs are expected to be $918,541, of which DEP will reimburse $400,000. No additional budget is required. District 1 (SF)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (Agreement) with the Town of Juno Beach for the acquisition and management of the Juno Dunes Natural Area (f/k/a Juno Hills site), effective October 7, 1997, to provide various minor changes to the Agreement including a site name change, change of mailing address for the County department administering this Agreement, promote the Northeast Everglades Natural Area (NENA) project within the Town of Juno Beach, update the reporting requirements to the State, and assign additional responsibility to the Town for the placement and maintenance of bollard style lighting along the pathway on the east side of SR A1A. Summary: The Agreement was approved by the Board at the meeting of October 7, 1997 (R97-1486D) and provides that the Town will assist the County with management of the Juno Dunes Natural Area. The County wishes to update the Agreement to promote the NENA project within the Town of Juno Beach. The Town wishes to place bollard style lighting, as approved by the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission, along the pathway on the east side of SR A1A and to remove the existing street lights along SR A1A in the vicinity of the natural area. The Town wishes to amend the Agreement to provide that it will install and maintain the bollard lighting on portions of the pathway within the Juno Dunes Natural Area. Amending the existing Agreement will memorialize these desired changes and add this responsibility for the Town. District 1 (SF)
7. Staff recommends
motion to approve: First
Amendment to Option Agreement for
Sale and Purchase (R2006-2315) from Thomas C. Whitesell and Charon J.
Whitesell, James J. Whitesell and Tallulah L. Whitesell, and James J. Whitesell
and Thomas C. Whitesell, as Trustees of the Whitesell Florida Residential
Interest Trust under Agreement dated March 5, 1999 (Whitesell, et al.). Summary: On October 17, 2006, the Board of County
Commissioners approved the exercise of an Option Agreement for Purchase and
Sale (R2006-2315) to acquire the Whitesell, et al., property located on the
north fork of the Loxahatchee River.
Throughout negotiations, it was the intent of the County, for itself and
through its agent The Conservation Fund (TCF) and the Sellers that this purchase
would be a “bargain sale” at a significant reduction below the property’s fair
market value. The negotiated purchase
price of $3,600,000 is $2,615,000 (42.1%) below the $6,215,000 average
appraised value. This Amendment will acknowledge
the “bargain sale” nature of this transaction, and authorize the County, as
donee, to execute IRS Form 8283 for non-cash charitable contributions. The IRS requires this form to be attached to
the Seller’s tax return in order to claim the charitable contribution. The Seller expressly acknowledges and agrees
that the County shall have no liability whatsoever in connection with Seller’s
claim for a charitable contribution. The
Seller intends to effectuate a tax-deferred exchange pursuant to Section 1031
of the Internal Revenue Code and in that connection, the Seller’s rights and
obligations under this Agreement may be assigned to an exchange intermediary or
facilitator for the purpose of completing such exchange. The Amendment permits the County to cooperate
with the Seller and the exchange intermediary or facilitator in a manner
necessary to complete the tax-deferred exchange at no additional cost or
liability to the County. The Seller will
defend, indemnify and hold the County harmless from and against any and all losses,
liabilities, claims, demands, damages, fines and penalties, and related
expenses suffered as a result of cooperation in effecting a Tax Deferred
Exchange and/or Seller’s claimed non-cash charitable contribution. Closing will take place within 21 days
following approval of the Amendment. District
1 (JMB)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff
recommends motion to approve: Task Order No. 2378-06 to a continuing
Contract (R2004-2378) with Humiston and Moore Engineers (Humiston) in the
amount of $384,104.86 to provide professional coastal design and permitting
services to develop the Environmental Impact Statement (EIS) in support of the
erosion control project for Singer Island.
Summary: The BCC approved the Contract with Humiston
on November 16, 2004 (R2004-2378) and extended the Contract on December 5, 2006
(R2006-2662). The County has issued
$663,415.62 in task orders since the Contract was executed in 2004. Task Order No. 2378-06 authorizes Humiston to
design and permit the upcoming Singer Island Erosion Control Project. The County executed a new funding agreement
(R2007-0046) with the Florida Department of Environmental Protection (DEP) on
January 9, 2007 to cost-share these Singer Island costs. Humiston committed to an overall 25% Small
Business and Minority Business Enterprise (SBE-MBE) participation in the
Contract. Due to the highly specialized
nature of this task, this Task Order has no SBE participation. Humiston has achieved 8.44% cumulative
SBE-MBE participation on the contract including this Task Order. District 1 (JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Second Amendment to the agreement with Special
Olympics Florida, Inc., (R2003-1974) allowing for the continued sale of naming
rights at the Therapeutic Recreation Complex as part of their fundraising
activities. SUMMARY: Special Olympics Florida has undertaken
an aggressive program to raise funds for the County to construct a gymnasium
and athletic center at the new Therapeutic Recreation Complex in John Prince
Park. This Second Amendment provides
Special Olympics Florida the opportunity to continue to sell naming rights for
the Complex and its associated facilities as part of their fundraising efforts.
District 3 (AH)
2. Staff recommends
motion to approve: Agreement
with the Boca Raton Philharmonic Symphonia, Inc. for the period February 6,
2007, through March 30, 2007, in an
amount not-to-exceed $5,000 for the Sounds of the Season Concert. SUMMARY: This funding is to help offset the cost of
Sounds of the Season Concert held by Boca Raton Philharmonic Symphonia, Inc. at
the Countess de Hoernle Amphitheater at Mizner Park in Boca Raton on December
2, 2006. The Agreement allows for the
reimbursement of eligible project costs incurred by the Boca Raton Philharmonic
Symphonia, Inc. subsequent to October 1, 2006.
Funding is from the Recreation Assistance Program (RAP). District
4 (AH)
3. Staff recommends
motion to approve: Agreement
with the Delray Beach Downtown Marketing Cooperative for the period February 6,
2007, through July 1, 2007, in an amount not-to-exceed $15,000 for 2006 winter
holiday decorations. SUMMARY: This funding is to offset the cost of
2006 winter holiday decorations for the City of Delray Beach assisted by the
Delray Beach Downtown Marketing Cooperative (formerly named Delray Beach Joint
Venture). This funding will help offset
expenses for the erection, lighting, and dismantling of the 100-foot winter
holiday tree, which is the focal point of the winter holiday decorations in
Delray Beach. The Agreement allows for
the reimbursement of eligible project costs incurred by Delray Beach Downtown
Marketing Cooperative subsequent to November 1, 2006. Funding is from the Recreation Assistance
Program (RAP) District 4 ($5,000) and District 7 ($10,000). Districts
4 & 7 (AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
4. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period February 6, 2007, through April
15, 2007, in an amount not-to-exceed $5,000 for the 2007 First Night
Event. SUMMARY: This funding is to offset the cost of 2007
First Night Event held by the City of Delray Beach on December 31, 2006. The Delray Beach First Night Event features
local entertainers and artists at a non-alcoholic accessible and affordable
community New Year’s Eve celebration geared toward families. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to November 1, 2006. Funding is from the Recreation Assistance
Program (RAP). District 7 (AH)
5. Staff recommends
motion to approve: Agreement
with the Town of Highland Beach for the period February 6, 2007, through
December 30, 2007, in an amount not-to-exceed $10,000 for the 2006-2007 Library
Speakers Program. SUMMARY: This funding is to offset the cost of
2006-2007 Library Speakers Program being held by the Town of Highland
Beach. The Library Speakers Program is
anticipated to be attended by approximately 400 people. The Agreement allows
for the reimbursement of eligible project costs incurred subsequent to
October 1, 2006. Funding is
from the Recreation Assistance Program (RAP).
District 4 (AH)
6. Staff recommends
motion to approve: Agreement
with The Palm Beach Shakespeare Festival, Inc. for the period February 6, 2007,
through August 1, 2007, in an amount not-to-exceed $25,000 for the Fifth Annual
Sunset at Carlin Music Series.
SUMMARY: This funding is to assist with costs being incurred by Palm Beach
Shakespeare Festival, Inc. (PBSF) for
the Fifth Annual Sunset at Carlin Music Series being held at Carlin Park in
January, February, and March of 2007.
Approximately 5,000 people are anticipated to attend the concerts. The
Agreement allows for the reimbursement of eligible pre-Agreement expenses
incurred subsequent to January 1, 2007.
Funding is from the Recreation Assistance Program (RAP). District 1 (AH)
7. Staff recommends
motion to approve: Agreement
with The Palm Beach Shakespeare Festival, Inc. for the period February 6, 2007,
through September 30, 2007, in an amount not-to-exceed $25,000 for funding of
Shakespeare by the Sea XVII. SUMMARY: This funding is to assist with
costs incurred by The Palm Beach Shakespeare Festival, Inc. (PBSF) for the
Shakespeare by the Sea XVII, “Pericles” to be presented from July 12, 2007,
through July 22, 2007 at Carlin Park.
Approximately 10,000 people are anticipated to attend the
performance. The Agreement allows for
the reimbursement of eligible pre-Agreement expenses incurred subsequent to
September 1, 2006. Funding is from the
Recreation Assistance Program (RAP). District 1 (AH)
8. Staff recommends
motion to approve: Agreement
with Loxahatchee River Historical Society, Inc. for the period February 6,
2007, through February 1, 2008, in an amount not‑to‑exceed $25,000
for the Jupiter Inlet Lighthouse & Museum Visitor Center. SUMMARY: This
funding is to assist with costs being incurred by the Loxahatchee River
Historical Society, Inc. (LRHS) for educational and supportive displays,
exhibits, and signage for the Jupiter Inlet Lighthouse & Museum Visitor
Center. It is anticipated that 35,000
people will visit this facility annually. The Agreement allows for the
reimbursement of eligible pre-Agreement expenses incurred subsequent to November
1, 2006. Funding is from the Recreation
Assistance Program (RAP). District 1 (AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
9. Staff recommends
motion to approve: Agreement
with Western Academy, Inc., d/b/a Western Academy Charter School for the period
February 6, 2007, through September 30, 2007, in an amount not-to-exceed $8,000
for the Intramural Sports Program. SUMMARY:
This funding is to offset costs paid by Western Academy Charter School for
after school intramural sports including a variety of grades K-8 activities
such as kickball, flag-football, basketball, softball, soccer, cheerleading,
etc. The intramural activities serve
approximately 60 participants. The Agreement allows for the reimbursement of
eligible pre-Agreement expenses incurred subsequent to July 1, 2006. Funding is from the Recreation Assistance
Program (RAP). District 6 (AH)
10. Staff recommends
motion to approve: Agreement
with The Citizens’ Association of Palm Beach, Inc. for the period February 6,
2007, through December 30, 2007, in an amount not-to-exceed $10,000 for funding
of recreational and cultural programs and events. SUMMARY:
This funding is to offset costs paid by The Citizens’ Association of
Palm Beach, Inc. for an on-going series of community recreational and cultural
events, which have been open to the general public regardless of residency. The events include 4th of July
celebrations, educational lectures, a tennis tournament, a golf tournament, an
art show, and a public BBQ/ beach party.
It is estimated that the events will attract over 1,000 people. The Agreement allows for the reimbursement of
eligible pre-Agreement expenses incurred subsequent to July 1, 2005. Funding is from the Recreation Assistance
Program (RAP). District 7 (AH)
11. Staff
recommends motion to receive and file: the following original executed Request for
Funding Form for School Board Recreation Assistance Program (RAP) project: U.B.
Kinsey/Palmview Elementary School of the Arts, in an amount not-to-exceed
$2,000 for the Orchestra trip to participate in the Heritage Festival in
Orlando, Florida. SUMMARY: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747) approved by the Board on October 21, 2003. District 2 (AH)
12. Staff recommends
motion approve: First
Amendment to Agreement (R2006‑1952) with the City of Lake Worth for Lake
Worth Wildcats league expenses. SUMMARY:
The First Amendment to Agreement increases the $4,700 previously allocated
from the Recreation Assistance Program (RAP) - District 7 for Lake Worth
Wildcats league expenses by $2,000. The
additional $2,000 is from RAP - District 4, for a total allocation of $6,700. All other terms of the Agreement remain the
same. Districts 4 & 7 (AH)
13. Staff recommends
motion to receive and file: the
following original executed Amendment to Request for Funding Form for School
Board Recreation Assistance Program project for Secondary and Career
Education’s 5th Annual Race for the Arts (R2006-2494) to update the
project elements list within the approved project scope.
SUMMARY: This fully executed Amendment to Request for
Funding Form is being processed in accordance with the Interlocal Agreement for
the funding of Recreation Assistance Program (RAP) Projects (R2003‑1747)
approved by the Board on October 21, 2003. District 2 (AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
14. Staff recommends
motion to receive and file: the following original executed Third Amendment to Request for Funding
Form for School Board Capital Projects for the Jupiter Community High School
athletic field lighting project (R2005-0474, R2005-0912, R2006-0704) to
increase the amount of project funding by $2,600 for a total project amount of
$130,000. SUMMARY: This fully executed
Amendment to Request for Funding Form is being processed in accordance with the
Interlocal Agreement for the Funding of Recreation Assistance Program (RAP)
Projects (R2003-1747) approved by the Board on October 21, 2003. District 1 (AH)
15. Staff recommends
motion to approve: First
Amendment to Agreement (R2005‑0276) with Armory Art Center, Inc. and the
City of West Palm Beach for funding renovation of the Robert and Mary Montgomery
Historic Armory Building – Phase I. SUMMARY:
This First Amendment to Agreement
adjusts project elements within the approved project scope and line item
amounts. The changes were required due
to cost increases and design changes in light of post hurricane facility
needs. The Amendment also extends the
completion date from January 31, 2007 to June 30, 2007, in order to ensure the
project will be complete and documents submitted before the project completion
date. This project received a $600,000
allocation from the 2002 $50 Million Recreation and Cultural Facilities Bond
Referendum. District 2 (PFK)
16. Staff recommends
motion to receive and file: the
following original executed Request for Funding Form for School Board
Recreation Assistance Program (RAP) project:
Project Graduation 2007, in an amount not-to-exceed $15,000 for Project
Graduation for W.T. Dwyer Community High School ($5,000), Jupiter Community
High School ($5,000), and Palm Beach Gardens Community High School
($5,000). SUMMARY: This fully executed Request for Funding Form
is for School Board RAP allocations made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003‑1747) approved by the
Board on October 21, 2003. District 1
(AH)
17. Staff recommends
motion to approve:
A) First
Amendment to Interlocal
Agreement (R2005-0680) with the City of Delray Beach to provide an increase in
project funding, in an amount not-to-exceed $1,000,000, for Delray Intracoastal
Park for the period February 6, 2007, through April 4, 2008, for a total County
contribution of $2,000,000; and
B) Revised
Exhibit “A” to reflect increases to the project budget.
SUMMARY: This Amendment provides
$1,000,000 to increase the previously approved allocation of $1,000,000 from
the 2002 Recreational and Cultural Facilities Bond and the Transportation
Improvement Fund for Delray Intracoastal Park construction for a total County
contribution of $2,000,000. The
Amendment also provides a revised Exhibit “A” that reflects an increase in the
project cost estimate of $1,453,768 (from $2,152,240 to $3,606,008) and a
resultant increase in Delray Beach’s matching fund requirement from $1,152,240
to $1,606,008. The additional $1,000,000
of County funding is from the 2004 $50M Waterfront Access Bond referendum. District
4 (PFK)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
18. Staff recommends
motion to receive and file: the executed Independent Contractor Agreements received during the month
of December:
A) Kerry
Maxaner, Dog Obedience Instructor, West Boynton Park & Recreation Center
(MAXA1080150107525200A);
B) Aaron
Banfield, Wheelchair Rugby Official, Therapeutic Recreation Center
(BANF000101075204G);
C) Kerin
Bowen, Wheelchair Rugby Official, Therapeutic Recreation Center
(KE10202301075204C);
D) Bernard
Crawford, Wheelchair Rugby Official, Therapeutic Recreation Center
(CRAW001901075204G);
E) Accellearn
L.L.C., Children’s Technology Workshop, West Boynton Park & Recreation
Center. (ACCE1021170107525200A);
F) John
Bishop, Wheelchair Rugby Official, Therapeutic Recreation Center,
(BISH658001075204D); and
G) Cindy Martling, Stroller Power Exercise
Class, West Jupiter Recreation Center. (MART1087500107523300A).
SUMMARY:
In accordance with
County PPM No. CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a receive and file agenda item. The Independent Contractor Agreement(s) have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director of the Parks and Recreation Department in
accordance with Resolution No. 94-422, amended by Resolution No. 02-2103, and are
now being submitted to the Board to receive and file. Countywide (AH)
P. COOPERATIVE EXTENSION SERVICE
1. Staff recommends
motion to approve: Grant
Agreement with Oceanside GreenMarket, Inc. for an amount not-to-exceed $10,000
as start-up funding for a new seasonal farmers= market located in Lake Worth Beach. SUMMARY: Oceanside GreenMarket, Inc. is a newly
established Florida corporation located in Lake Worth, Florida. Oceanside GreenMarket will operate a seasonal
GreenMarket at Lake Worth Beach and will provide retail outlets for over 40
small growers and businesses from October through May. This Agreement will help assist Oceanside
GreenMarket with start-up funding to operate a GreenMarket in Lake Worth
Beach. Districts 3 & 7
(AH)
2. Staff recommends
motion to approve: Grant
Agreement with Ray=s Heritage, LLC. for an amount not-to-exceed
$360,000 for a new radish and green bean processing and packaging
facility. SUMMARY: On August 15, 2006, the Board of County
Commissioners (BCC) approved grant funding to four (4) value adding
agricultural projects, including Ray=s Heritage, LLC. This Grant Agreement requires Ray=s Heritage, LLC create 50 full-time jobs and
expenditures of $10,000,000 in capital investment. District 6 (AH)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
Q. CRIMINAL JUSTICE COMMISSION
1. Staff recommends
motion to approve:
A) a
Budget Amendment of $51,000 in the General Fund for the Westgate Community
Justice Service Center (CJSC);
B) a
Budget Transfer of $20,587 in the Justice Assistance Grant (JAG) 05-09 Fund for
the Community Based Anti-Crime Task Force (COMBAT) unit;
C) a
Budget Transfer of $70,637 in the Drug Abuse Trust Fund (DATF) for CJSC
treatment programs;
D) a
Budget Amendment of $49,413 in the 04-08 Local Law Enforcement Block Grant
(LLEBG) Fund to carry forward unspent grant funds;
E) a
Budget Amendment of $36,270 in the Sheriff’s Grant Fund;
F) a
Budget Transfer of $20,637 in the General Fund for the West Palm Beach CJSC
treatment program; and
G) a
Budget Transfer of $106,320 in the Criminal Justice Reserve Fund for the COMBAT
unit and the West Palm Beach CJSC.
SUMMARY: In
order to align these programs with their appropriate funding sources and to
ensure that grant funds are fully expended, these revisions are necessary. A budget amendment of $51,000 in the General
Fund is necessary to establish budget for the Westgate CJSC. A budget transfer of $20,587 in the 05-09 JAG
Fund is necessary to revise the funding source for the COMBAT unit and the
CJSC. A budget transfer of $70,637 in
the DATF is necessary to establish budget to transfer funds to the General Fund
for the treatment programs at both CJSC sites.
A budget amendment of $49,413 in the 04-08 LLEBG Fund is necessary to
carry forward budget for unspent grant funds for the COMBAT unit. A budget amendment of $36,270 in the
Sheriff’s grant fund is necessary to eliminate budget for the Westgate CJSC
treatment program that should have been established in the General Fund. A budget transfer of $20,637 in the General
Fund is necessary to revise the funding source for the treatment program for
the CJSC. A budget transfer of $106,320
in the Criminal Justice Reserve Fund to return funds to reserves appropriated
for the CJSC and COMBAT unit. Countywide (DW)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
Q. CRIMINAL JUSTICE COMMISSION (Cont’d)
2. Staff recommends
motion to approve:
A) a
Budget Transfer of $60,000 in the JAG-Local Law Enforcement Block Grant (LLEBG)
04/08 Fund to establish budget for an assistant State Attorney for gun crimes
committed by youthful offenders;
B) a
Budget Transfer of $60,000 in the JAG-LLEBG 05/09 Fund to establish budget for
an Assistant State Attorney for gang related crimes committed by youthful
offenders;
C) a
Budget Transfer of $60,000 in the Criminal Justice Reserve Fund to provide
continuation funding for a Criminal Justice Analyst for crime data research and
analysis;
D) a
Budget Transfer of $60,000 in the
General Fund to recognize the transfer of funds for the Criminal Justice
Analyst; and
E) the
Eighth Amendment to the agreement (R99-2416D, dated December 21, 1999) with the
Office of the State Attorney for the Community Based Anti-Crime Task Force
(COMBAT) to expand the agreement to include services of the two (2) additional
Assistant State Attorney’s for the Youth Violence Prevention Initiative.
SUMMARY: On September 27, 2005, the Board of County
Commissioners (BCC) approved the submittal of a grant application (R2005-1922)
for a Justice Assistance Grant (JAG) awarded effective October 1, 2004, through
September 30, 2008 for $330,435. Sixty
Thousand ($60,000) of the 04/08 JAG grant is currently budgeted in reserves for
new projects. The budget transfer is
necessary to appropriate the reserve funds to the State Attorney to expand the
COMBAT by adding an Assistant State Attorney for gun crimes. On April 18, 2006, the BCC approved the
submittal of a grant application (R2006-0728) for a JAG awarded effective
October 1, 2005 to September 30, 2009 for $191,726. Sixty Thousand ($60,000) of the 05/09 JAG
grant was awarded for the Crime Data Research and Analysis Program, however,
will now be used to expand the COMBAT by adding an Assistant State Attorney for
gang related crimes. Staff recommends
the use of Criminal Justice Reserve Fund to replace the JAG funds originally
committed for the Crime Data Research and Analysis Program. The budget transfer and amendment is necessary
to establish appropriate budget. An
amendment to the agreement with the State Attorney’s Office is required for
legal services in order to expand the COMBAT to include the services of the two
(2) additional Assistant State Attorney’s for the Youth Violence Prevention
Initiative. It is intended to maintain
these services for three (3) years. Countywide (DW)
R. HUMAN RESOURCES
1. Staff recommends motion to adopt: a Resolution amending the Palm Beach County Administrative Code by: a) rescinding in their entirety the Palm Beach County Merit System Rules adopted October 5, 1993, and all subsequent amendments and revisions thereto; and b) adopting in their stead the revised Palm Beach County Merit System Rules. SUMMARY: A complete revision of the Merit Rules is recommended to bring the rules up-to-date with legislative and legal changes, to make certain policy changes deemed desirable by departments, to simplify the language, and to reformat for ease of understanding. Countywide (EC)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve: a
Memorandum of Understanding (MOU) with the State of Florida, Department of
Community Affairs (FDCA), providing for one (1) EMS-Mass Casualty Incident
Management Tow Vehicle, funded through the 2003 Domestic Preparedness Grant
funding program. Summary: The State of Florida, Department of
Community Affairs (FDCA) has received grant funds from the US Department of
Homeland Security, Office of Grants and Training, as part of the 2003 Domestic
Preparedness Grant funding program. The
FDCA is authorized to subgrant these funds to other Recipients. Grant guidelines require that, if the State
retains a portion of said grant funds on behalf of a Recipient, the State must
enter into an MOU with the Recipient.
There was no formal application required for this grant funding. However, based on the results of a
needs-based survey, the FDCA has prepared an MOU stating the State has retained
$63,500 in grant funding for Palm Beach County for purchases to be made by the
State on our behalf. The State has
purchased and delivered to Palm Beach County (1) EMS-Mass Casualty Incident
Management Tow Vehicle, GMC-4500 (VIN: 1GBE4C1275F506221). There is no cost share requirement
associated with this agreement. Countywide (SB)
2. Staff recommends
motion to receive and file:
a License relating to Fire Rescue Training and Structure Burn with Amy
M. Holloway and Howard R. Holloway. Summary: One (1) License relating to Fire Rescue
Training and Structure Burn is being submitted as a receive and file agenda
item for the Clerk’s Office to note and receive. This License grants Palm Beach County Fire
Rescue the authority to conduct fire rescue training exercises on the parcel of
property identified in the agreement.
This is a one-sided License executed by the Owner(s) for the benefit of
the County. Countywide (SB)
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the County Administrator or his designee to
sign and forward to the Florida Department of Health, Bureau of Emergency
Medical Services, the FY 2007 annual EMS County Grant Application and County
Distribution Agreement for $498,322;
B) authorize the County Administrator or his designee to sign state budget transfer
forms related to the grant;
C) approve a Budget Amendment of $103,843
in EMS Grant Fund to adjust budget to actual grant award;
D) approve a Budget Amendment of $50,000 in Fire Rescue Fund to recognize EMS
award.
SUMMARY: This
is an annual grant provided to Palm Beach County from the State of Florida
Department of Health, Bureau of Emergency Medical Services, to improve and
expand the EMS system. The funds are
distributed as reimbursement to the EMS providers and will also fund the Palm
Beach County Medical Communications System. The EMS County Grant Award Program
begins October 1, 2007 and concludes September 30, 2008. No County match is required. Countywide (DW)
FEBRUARY 6, 2007
3. CONSENT AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends motion to approve: the write-off of uncollectible accounts receivable for revenue booked in FY 1998 that was due and owing from Heard Communications, Inc., d/b/a Gateway Outdoor Advertising in the amount of $33,126. SUMMARY: Heard Communications had an advertising contract with the County (96-156/PR) to place advertising on the exterior of Palm Tran buses from December 1, 1997, through June 30, 1998. The Contractor was required to pay a guaranteed minimum with an annual audit to reveal if additional sales generated revenues in excess of the guaranteed minimum. The Contractor would then pay a percentage of the excess. Palm Tran received monthly payments of $11,042 from Heard Communications for December 1997 to March 1998, but the accounts receivable includes the uncollected guaranteed minimum monthly payments of $11,042 for the months of April, May and June 1998, for a total of $33,126. The contract default was referred to the County Attorney’s office and a lawsuit against them was filed. A judgment in the case was awarded to the County, however, subsequent to the award, Heard Communications, Inc., filed for bankruptcy and there were no assets from the estate to pay off our judgment. Therefore, this outstanding accounts receivable needs to be written-off and moved over to the County’s uncollectible database. Countywide (DR)
BB. SUPERVISOR OF ELECTIONS
1. Staff recommends motion to approve: Precinct boundary changes submitted by Dr. Arthur Anderson, Supervisor of Elections, as required by Section 101.001(1), Florida Statutes. SUMMARY: Precinct boundary changes as indicated. Countywide (LSJ)
CC. SHERIFF
1. Staff recommends motion to approve: a Budget Amendment of $772,906 in the General Fund for law enforcement services provided through a contractual agreement by the Palm Beach County Sheriff’s Office to the Town of Mangonia Park for the eight month period of February 1, 2007, through September 30, 2007. SUMMARY: The Budget Amendment is requested to provide law enforcement services as prescribed within a contractual agreement between the Palm Beach County Sheriff's Office and the Town of Mangonia Park. The level of service to be provided includes (16) positions, comprised of (2) non-sworn and (14) sworn positions. As funding will be generated through a contractual agreement, no County funds are required. Countywide (DW)
2. Staff recommends motion to:
A) accept a State of Florida, Division of Emergency Management Award Agreement in the amount of $24,720 for the purchase of two (2) Tactical Communications Package (TACPAK)’s for the grant period of July 1, 2006, through January 31, 2008; and
B) approve a Budget Amendment of $24,720 in the Sheriff’s Grants Fund.
SUMMARY: The Agreement is provided by the Florida Department of Emergency Management. The Agreement provides reimbursement for the purchase of two (2) TACPAKs (a briefcase sized, battery powered system containing a ruggedized laptop and ancillary equipment), costing approximately $12,000 each, which are to be used to enhance regional all discipline project build-out. The additional $720 will be used for assisting in the management of the grant funds. The Palm Beach County Sheriff’s Office will utilize one (1) of the units, while the second unit will be transferred to Monroe County at the request of the funding agency. There is no required match. No County funds are required. Countywide (DW)
* * * * * * * * * * * *
FEBRUARY 6, 2007
4. SPECIAL PRESENTATIONS
A. Certificate
of Appreciation to Susan Ferrante in recognition of 21 years of dedication and
contributions as Trial Court Administrator to the 15th Circuit
Court. (Sponsored by Commissioner
McCarty)
B. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
February 6, 2007 as “Florida Gators National Champions Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
C. Proclamation of the Board of County Commissioners of Palm Beach County, Florida, declaring the week of February 18 - 24, 2007 as “Engineers Week” in Palm Beach County. (Sponsored by Commissioner Newell)
D. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
the week of February 11 - 18, 2007 as “JFK Medical Center Heart & Vascular
Institute Week” in Palm Beach County.
(Sponsored by Commissioner Newell)
* * * * * * * * * * * *
FEBRUARY 6, 2007
5. REGULAR AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
February 27, 2007 at 9:30a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida entitled “All Terrain Vehicle (ATV) Operation on Unpaved Roadways”;
providing for the inapplicability of Section 316.2123, Florida Statutes in Palm
Beach County; providing for ATV operation; prohibition; providing for
applicability; providing for enforcement; providing for penalty; providing;
providing for severability; providing for repeal of laws in conflict; for
inclusion in the Code of Laws and Ordinances; providing captions; and providing
for an effective date. SUMMARY: Section 316.2123, Florida Statutes, related
to Highway Safety became effective October 1, 2006 and allows an ATV to be
operated during the daytime on an unpaved roadway where the posted speed limit
is less than 35 miles per hour by a licensed driver, or by a minor under the
supervision of a licensed driver. The law
also allows for the governing body of the county, following a public hearing by
majority vote to exempt the county from this section. Passage of this Ordinance will exempt Palm
Beach County from Section 316.2123, Florida Statutes. Staff was directed at the January 9, 2007
meeting to prepare this Ordinance. Countywide (DW)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
2. Staff
recommends motion to:
A) adopt a Resolution to support Sunbeam Products,
Inc. d/b/a Jarden Consumer Solutions, being approved as a qualified applicant
for Florida’s Qualified Target Industry Tax Refund Program to provide a local
match of up to $100,000; and
B) approve the Job
Growth Incentive Grant Agreement with Sunbeam Products, Inc. d/b/a Jarden
Consumer Solutions, which includes the QTI local match of $100,000, for the
creation of 80 full-time jobs and the relocation of 20 full-time jobs at an
average annual salary of $75,000 (excluding benefits) in Palm Beach County.
SUMMARY: Sunbeam Products, Inc. d/b/a Jarden Consumer
Solutions, project involves the expansion of the Boca Raton Headquarters. Sunbeam Products, Inc. d/b/a Jarden Consumer
Solutions designs, manufactures and markets (nationally and internationally), a
diverse portfolio of leading consumer products.
Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions has filed a
Qualified Target Industry (QTI) Tax Refund Program application with Enterprise
Florida, Inc. to seek State tax refunds.
It is anticipated that the State will award $5,000 per job created based
on the QTI application’s one hundred (100) new full-time job commitment, which
would result in a total tax refund not-to-exceed $500,000. The Annual Economic Impact
Projections for Sunbeam Products Inc. d/b/a as Jarden Consumer Solutions
is $665,913 annually. The
estimated payroll is $10,789,042; the average wages are $75,000 and
equate to 187% of the County's average wage. The total output (total annual economic
activity) is $30,714,992. The total
economic impact is an estimated combined effect of company and the
ancillary industries impacted. The impact is based on the Regional
Input-Output Modeling System (RIMS II) U.S. Department of Commerce, Bureau of
Economic Analysis. The fiscal impact is
an estimate of the combined taxes and fees paid by companies and their
employees to Palm Beach County.
Staff recommends that
this company be approved as a QTI Business, and that the Board provide the
necessary 20% local match by appropriating and designating $100,000 of the
total funds to be provided under the Job Growth Incentive (JGI) Grant Agreement
with Sunbeam Products Inc. d/b/a Jarden Consumer Solutions.
The JGI Agreement
requires that the company create eighty (80) full-time jobs, relocate twenty
(20) full-time jobs and retain its existing three hundred and forty (340) jobs
in Palm Beach County. All newly created,
relocated and retained jobs must be maintained for an additional 48 months at
the proposed Boca Raton facility. The
award per job will be $1,000 based on the program’s criteria for this type of
business. In the event that the grant
recipient does not completely satisfy its QTI obligations and the QTI contract
is terminated, but complies fully with its JGI contractual commitments, the
company will be entitled to seek reimbursement of expenditures pursuant to the
Agreement. However, any funds that may
have been provided to the State toward the QTI match must be subtracted from
the total grant amount. Staff believes
the JGI grant award and a state economic exemption are warranted and therefore
staff recommends Board support for both of these incentive applications. Countywide/District 4 (DW)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
3. Staff recommends
motion to approve: the Palm
Beach County Interlocal Certification Agreement with The School Board of Palm
Beach County (School Board), and the City of West Palm Beach (WPB) to provide
for reciprocal certification of businesses seeking small business
certification. SUMMARY: The three (3) governmental agencies would like
to establish reciprocity for Small Business Enterprise certification, and where
applicable, Minority and/or Women Business Enterprise certification. Each agency
has a Small Business Enterprise Program and a Minority/Women Business
Enterprise Program. Each agency will
accept the certification of SBEs and M/WBEs except where differences in support
documentation and domicile requirements occur.
In the case of documentation requirements discrepancies, the three (3) agencies
have agreed to provide a cover sheet explaining what, if any additional
documents will be required by the next agency.
There will be no additional cost
to the County to implement this program.
Countywide (TKF)
4. Staff recommends
motion to approve: support for State Legislation to amend the boundary of Palm Beach
County and Broward County to allow 1,949 acres of land south of the Hillsboro
Canal within unincorporated Palm Beach County to be annexed into Broward
County. Summary: The
Broward County City of Parkland has requested that the Board formally document
its support for proposed legislation that would transfer legal authority over
all of the1,949 acres of Palm Beach County land south of the Hillsboro Canal to
Broward County, anticipating that at least 1,450 acres of said land would be
annexed into the City. As this land is
physically separated from Palm Beach County by the Canal, provision of public
services by us is problematical unless new bridge and roadway connections are
constructed to allow ready access. There
has been public and Board resistance to construction of such additional access
west of State Road 7 due to traffic impacts on existing residential areas. The only financial/infrastructure concerns
are previous County water utility investment to serve this area and the
$350,000 the County spent on Lox Road guardrails. An agreement has been negotiated with the
private Parkland utility provider that we will provide bulk service to them
which recovers that investment for us. The County could seek recovery of the
guardrail expense. District 5 (DN)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
5. Staff recommends
motion to approve: a $150,000 Grant Agreement with The Palm Beach
International Film Festival, Inc. (PBIFF) to provide funding to assist operating
and conducting the 2007 Palm Beach International Film Festival on April 19 - 27,
2007 commencing retroactively on October 1, 2006 and ending September 30, 2007. This Grant Agreement has been approved for
the current budget year. SUMMARY: The
source for the $150,000 grant is from the current Economic Development Office
budget. The scope of services outlined
for this FY 2007 Agreement falls within four (4) categories:
A) Operations:
recruit and review the submittal of 250
American and international films for the PBIFF, with the goal of 10% to be
international; obtain the participation and commitment from 50 talent-industry
professionals with the objective of raising awareness of the Festival and
providing feedback for future expansion strategies; and provide operational
support services for all aspects of the Festival;
B) Revenue
Generation: match 100% of County
grant with private funds; develop a Business & Merchandise Plan for 2008 and
develop fundraising/awareness events in 2007;
C) Education:
provide scholarships to the winners of
the Student Showcase of Films and develop student liaisons between the Grantee and
the Palm Beach County school system to encourage participation in the festival;
and
D) Economic
Development: offer a seminar on film industry issues; meet with the
business community through the BDB and chambers of commerce to encourage local
film makers to participate in the festival activities; assist TDC and EDO in
the update of the economic impact of the Festival in the County; and document
international participation at the festival.
Countywide (DW)
6. Staff recommends
motion to approve: the phased
approach as listed in the Everglades Agricultural Area (EAA) Study Proposal. SUMMARY: On November 13, 2006, the Palm Beach County
Board of County Commissioners (BCC) directed staff to develop a plan with options
of the impacts of mining within the EAA. The EAA Study Proposal develops a
phased approach for studying the potential impacts associated with large scale
mining within the EAA. The recommended
Phase 1 and 1A study does not require additional funding. District 6 (MJ)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
B. AIRPORTS
1. Staff
recommends motion to:
A) approve Specialty Restaurants Corporation closing the
restaurant operation at Palm Beach International Airport, provided the minimum
rental due under the terms of the Lease be paid to the County throughout the
remaining Lease term;
B) deny approval for
assignment of the Lease Agreement of Airport Property for Restaurant with 94th
Aero Squadron of West Palm Beach, Inc., and Specialty Restaurants Corporation
dated June 19, 1979 to Dezer Development, LLC pursuant to a Contract for the
Purchase and Sale of Leasehold Interest dated December 11, 2006; and
C) approve staff entering into
negotiations with Specialty Restaurants for the voluntary, early termination of
the lease at Palm Beach International Airport.
SUMMARY: On June 19, 1979, the County entered into a lease with the 94th
Aero Squadron of West Palm Beach, Inc., and Specialty Restaurants Corporation
(Specialty Restaurants) for a restaurant and cocktail lounge on the Palm Beach
International Airport (Lease) (R79-786), for a term of 30 years and the option
to extend the lease for two (2) additional terms of five (5) years each. In October 2006, Specialty Restaurants
requested authorization to close the restaurant and to continue paying minimum
rent. On December 11, 2006, Specialty
Restaurants notified the Department that it had entered into a Contract for the
Purchase and Sale of Leasehold Interest with Dezer Development, which is contingent
upon approval of an extension to the term of the Lease by 25 years and a change
in use to allow construction and operation of one (1) or more hangars on the
property. Correspondence from Specialty
Restaurants indicates that Dezer Development intends to use the property for
fixed base operator (FBO) services. The
Lease requires Specialty Restaurants obtain the County’s written approval prior
to assigning the Lease. Staff recommends
the Board deny approval of the assignment based on the required changes to the
lease and proposed use of the property. Staff
feels it is in the County’s best interest to pursue negotiations with Specialty
Restaurants for the voluntary termination of the lease based, in part, on
Specialty Restaurants’ desire to close the restaurant. Upon completion of negotiations, any proposed
termination agreement will be presented to the Board for its review and
approval. Countywide (LMB)
C. CRIMINAL JUSTICE COMMISSION
TIME
CERTAIN 10:00A.M.
1. Staff recommends motion to receive and file: the 2006 Annual Report of the Criminal Justice Commission (CJC), as presented by CJC Chair Harry A. Johnston, II. SUMMARY: Since its establishment in 1988, the Criminal Justice Commission has prepared and distributed an Annual Report to the Board of County Commissioners to inform them of its activities and accomplishments of the prior year. Mr. Harry A. Johnston, II, Criminal Justice Commission Chair, will make a brief presentation to the Board. Countywide (DW)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: Satisfaction and Release of Mortgages
releasing two (2) mortgages, each in the original amount of $215,700 on rental
property located in Canal Point, in consideration for payment in the amount of
$75,000. SUMMARY: In 1991,
Palm Beach County, utilizing federal funds through the Rental Rehabilitation
Program, loaned the owner of this property, Alford Ellick, a total of $431,400
to rehabilitate rental units for very-low and low income households. The County’s loans were secured by second and
third mortgages. The first mortgage holder foreclosed its mortgage in September
2006, essentially extinguishing Palm Beach County’s interest in the property. The original owner, Alford Ellick, is
endeavoring to reacquire the property from the first mortgage company, Meister
Financial Group, Inc., and has offered to pay Palm Beach County $75,000 in
consideration for the Satisfaction and Release of Mortgages. The current unpaid balance of the mortgages
is $401,613.27. District 6 (TKF)
E. WATER UTILITIES
1. Staff recommends
motion to approve on preliminary
reading and to advertise for public hearing on March 13, 2007 at 9:30a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, establishing rates,
fees, and charges for potable water, wastewater, and reclaimed water services;
providing for indexing; providing for inclusion in the Water Utilities
Department’s Uniform Policies and Procedures Manual; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; and providing for an effective date. SUMMARY: The Water Utilities Department (WUD) is recommending various increases in
its rates, fees, and charges based on a rate study recently completed by the
WUD’s rate consultants, Environmental Financial Group, Inc. and Howard C.
Osterman, Inc. Although connection fees,
guaranteed revenue fees, and miscellaneous fees were increased effective
January 1, 2006, there has been no increase in monthly on-line rates (base
facility fees and commodity fees) since October 1, 1997. Adjustments to the Department’s rate
structure are necessary to comply with the Department’s bond requirements, to
maintain adequate reserves, to operate the utility in a fiscally sound manner,
and to spread the costs fairly and reasonably based on customer demand. Without a rate increase, WUD will be unable
to keep pace with inflation and will encounter serious cash shortages within
the next two (2) years. Countywide (MJ)
FEBRUARY 6, 2007
5. REGULAR
AGENDA
F.
FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to approve:
A) JOC Work Order No. 07-038 with H.A.
Contracting Corp., (R2005-0540) in the amount of $406,057.99 to provide
construction of a computer room on the 4th Floor of the Judicial Center in West
Palm Beach;
B) a Budget Transfer of $430,000 from reserves in the General Fund to
increase the transfer out line to the Public Building Improvement Fund; and
C) a
Budget Amendment of $430,000 to recognize funds transferred into the Public
Building Improvement Fund and to establish a project budget.
Summary: The work consists of creating
one (1) large code compliant Computer IT Room by remodeling three (3) existing
rooms to satisfy all special code requirements, including fire-rating of the
perimeter walls, electrical modifications required, and new A/C equipment to satisfy
future heat load projections for computer equipment. The SBE participation in this Work Order is
16.92% overall. When the participation
for this Work Order is added to H.A.=s total participation-to-date, the resulting
values are 18.5% overall. The SBE goals
are 15% overall. The total construction
duration is 120 days. This work will
comply with all applicable local, state, and federal codes and regulations. Last summer as part of the 2007 budget
process, the Clerk and Comptroller requested funding in the amount of $500,000
for renovations to the 2nd Floor of the Governmental Center. The Board did not include the funding in the
budget, but instead indicated that it would reconsider such a request after coordination
and justification for the project had been presented. Recently, the Clerk and Comptroller has
determined that the renovations on the 2nd Floor are not required and requests
that the Board fund an expansion and renovation to its facilities on the 4th
Floor of the Courthouse instead, a project which has been on-going for over a
year and one for which it had not previously sought County funding. These expenditures are the County's
responsibility under Article V and typically would have been requested and
considered through the budget process.
Since the Board had anticipated funding in this amount as part of the
budget process, staff is recommending that it re-allocate the funding
previously requested for the 2nd Floor Governmental Center renovations to this
project. Countywide/District 7
(JM)
* * * * * * * * * * * *
FEBRUARY 6, 2007
6. BOARD APPOINTMENTS
A. FACILITIES
DEVELOPMENT & OPERATIONS
(Public Art Committee)
1. Staff recommends
motion to approve: appointment of one (1) member designated as Landscape Architect
professional; and one (1) alternate member designated as PBC resident with
significant visual art background to the Public Art Committee:
Nominee: Category: Term
to Expire:
Jo Ellen Leisinger Landscape Architect September 2009
Lucy M.F.
Keshavarz PBC resident
w/significant September 2009
Visual art background
(Alternate)
Summary: On
January 9, 2007, Resolution No. R2007-0028 was approved to increase the Public
Art Committee to ten (10) members to expand Committee expertise and improve
efficiency in artist selection process.
The Committee recommends that one (1) of the seats be designated for a
Landscape Architect professional to assist the Committee to successfully
integrate the landscape and outdoor public art projects. In addition, the Committee recommends that
an alternate seat be created for a Palm Beach County resident with significant
visual art background. The term for both
new Committee members will be through September 2009, which is the end date of
the term for the current Committee members.
(FDO Admin) Countywide
(MJ)
B. PLANNING, ZONING & BUILDING
(Land Development Regulation Advisory Board)
1. Staff recommends
motion to approve: appointment/reappointment of the following
individuals to the Land Development Regulation Advisory Board (LDRAB):
A) one
(1) member to complete a term, from February 6, 2007 to February 3, 2009
Appoint Seat
No. Requirement
Edward Wronsky 11 Architect
B) three (3) members for the
term, from February 6, 2007 to February 6, 2010.
Reappoint Seat
No. Requirement
Ron Last 10 Engineer
Rosa Durando
12 Environmentalist
W.
Larry Fish 14 Surveyor
SUMMARY: Mr. Edward Wronsky has been recommended by
the American Institute of Architects as a new appointee to replace Mr. Thomas
Kastner Seat No. 11 who resigned from the LDRAB. The Florida Engineering Society recommends
Mr. Ron Last, the Audubon Society of the Everglades recommends Ms. Rosa
Durando, and the Florida Surveying and Mapping Society recommends Mr. W. Larry
Fish. All three (3) reappointments have
indicated a willingness to continue for another term. These appointments/reappointments are
consistent with the Unified Land Development Code (ULDC) requirements. Countywide (LB)
FEBRUARY 6, 2007
6. BOARD APPOINTMENTS
B. PLANNING, ZONING & BUILDING (Cont’d)
(Construction
Board of Adjustments and Appeals)
2. Staff recommends
motion to approve:
A)
appointment of two (2) individuals to the Construction Board of Adjustment
and Appeals, for a three (3) year term, beginning February 6, 2007 to February
6, 2010; and
Appoint Seat No. Requirement
Bryon Scholz 1 Plumbing Contractor
Greg Dalaberri 7 Plumbing
Contractor
B) reappointment
of one (1) individual for a three (3) year term, beginning February 6, 2007 through
February 6, 2010.
Reappoint Seat No. Requirement
Marc Weiner 4 Architect
SUMMARY: Bryon
Scholz and Greg Dalberri were nominated by the Construction Industry Management
Council of Palm Beach County. These
nominations represents the plumbing contractor and aluminum contractor member
of the Board as required by the Palm Beach County Ordinance 2002-005, as
amended, Palm Beach County Amendments to the Florida Building Code, 2004 Edition. Marc Weiner is re-appointed by the
Construction Industry Management Council of Palm Beach County. The nomination represents the architect
member of the Board as required by the Palm Beach County Ordinance 2002-005, as
amended, Palm Beach County Amendments to the Florida Building Code, 2004
Edition. Countywide (DW)
(Zoning Commission)
3. Staff recommends
motion to approve: reappointments of the following At-Large
Alternate members to the Zoning Commission for a term from February 6, 2007 to
February 6, 2010:
Reappoint Seat No. Requirement Nominated by
Kelley H. Armitage 8 None Comm. Marcus
Richard E. Bowman 9 None Comm.
Koons
Comm.
Marcus
SUMMARY: The
Zoning Commission Membership, Powers, and Duties are established by Ordinance
2003-067, as amended. The Board
consists of nine members. Seats 1
through 7 are District Appointments and Seats 8 and 9 are two (2) At-Large
Alternate Members appointed by a majority vote of the Board of County
Commissioners. Mr. Armitage and Mr.
Bowman have both indicated a willingness to continue for another term. The nominations represent seats that have no
specific experience requirements as cited in the Unified Land Development Code
(ULDC). Memos dated November 27, 2006
and November 28, 2006 were sent to the BCC regarding the reappointments. Countywide (BB)
C. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 6, 2007
7. MATTERS BY THE PUBLIC –
2:00 P.M.
* * * * * * * * * * * *
FEBRUARY 6, 2007
8. STAFF COMMENTS
A. ADMINISTRATION COMMENTS
B. COUNTY ATTORNEY
FEBRUARY 6, 2007
9. COMMISSIONER COMMENTS
A. District 1 - COMMISSIONER KAREN T. MARCUS
B. District 2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District 3 - COMMISSIONER WARREN H. NEWELL
D. District 4 - COMMISSIONER MARY MCCARTY
E. District 5 - COMMISSIONER BURT AARONSON
F. District 6 - COMMISSIONER JESS R. SANTAMARIA
Proclamation declaring February 17, 2007 as “State Football Championship Day” in Palm Beach County for Glades Central High School
Proclamation declaring February 17, 2007 as “State Football Championship Day” in Palm Beach County for Glades Day High School
Proclamation declaring February 17, 2007 as “State Football Championship Day” in Palm Beach County for Pahokee High School
G. District 7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
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."
February 6, 2007 – 9:30a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
FEBRUARY 6, 2007
PAGE ITEM
8 3A-5 REVISED SUMMARY: In
2005, Mr. J. Gordon Routley consulting/professional services contract provided
assistance to the Fire Rescue Level of Service Committee. The scope of services in the original
contract included providing assistance in developing a voluntary countywide
level of service and common dispatch system.
The Fire Rescue Level of Service Committee has made significant progress
but has not completed these tasks. The
Fire Rescue Level of Service Committee is recommending his contract be extended
until October 31, 2009 to coincide with the October 2009 implementation date of
these two (2) important programs the final level of service
standards.
9 3C-1 DELETED: Staff recommends motion to approve: the
Second Amendment to an agreement (R2004-1620) for professional consulting
services with Kimley-Horn and Associates approved on July 13, 2005. (Further
staff review) (Engineering)
17 3H-4 DELETED: Staff recommends motion to approve: A) Contract with Marine Engineering,
Inc. for the fit-up of the West County Jail, Pod A in the amount of $889,000;
and …(Further staff review) (FD&O)
38 4E ADD-ON: Proclamation
declaring the week of February 11 – 18, 2007 as “2-1-1 Awareness Week” in Palm
Beach County. (Sponsored by Commissioner
Koons)
40 5A-2 REVISED TITLE & SUMMARY: Staff recommends motion to:
A)
adopt a Resolution to support Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions and Jarden
Corporation, …and
B) approve
the Job Growth Incentive Grant Agreement with Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions and
Jarden Corporation, which includes
the QTI local match of $100,000, for the creation of 80 full-time jobs and the relocation of 20 full-time jobs at an
average annual salary of $75,000 (excluding
benefits) in Palm Beach County.
SUMMARY:
Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions and Jarden
Corporation, project involves the expansion of the Boca Raton
Headquarters. Sunbeam Products, Inc.
d/b/a Jarden Consumer Solutions and Jarden Corporation designs,
manufactures and markets (nationally and internationally), a diverse portfolio
of leading consumer products. Sunbeam Products, Inc. d/b/a Jarden Consumer
Solutions and Jarden Corporation has filed a Qualified Target Industry
(QTI) Tax Refund Program application with Enterprise Florida, Inc. to seek
State tax refunds. It is anticipated
that the State will award $5,000 per job created based on the QTI application’s
one hundred (100) new full-time job commitment, which would result in a total
tax refund not-to-exceed $500,000.
The Annual Economic Impact Projections for Sunbeam Products,
Inc. d/b/a as Jarden Consumer Solutions and Jarden Corporation is $665,913
annually….
Staff
recommends that this company be approved as a QTI Business, and that the Board
provide the necessary 20% local match by appropriating and designating $100,000
of the total funds to be provided under the Job Growth Incentive (JGI) Grant
Agreement with Sunbeam Products Inc. d/b/a Jarden Consumer Solutions and
Jarden Corporation…. (Administration/Economic
Development)
45 5F-2 ADD-ON, REVISED
TITLE: Staff
recommends motion to approve:
A) a request from the Florida Department of Health (DOH) for $4,752,451 in additional capital funding toward the design and construction for the proposed Palm Beach County Health Department Administration Building;
B) Budget Transfer of $4,752,451 from Reserves to the General
Fund to increase the transfer out line to the Public Building
Improvement Fund within the General Fund;
C) Budget Amendment of
$4,752,451 in the Public Building Improvement Fund to recognize funds
transferred in from the General Fund and to increase the project
budget; and
D) Amendment No. 2 to an
Agreement with the Department of Health of the State of Florida and the Board
of Trustees of the Internal Improvement Fund (R2001-0587 and amended by
R2006-0137).
Summary:
On December 5, 2006, the Board of County Commissioners (BCC) directed
staff to follow-up on three (3) items related to the Department of Health’s
estimate to complete the design and construction of its Administration Building
on a new location on the Dimick Block, which would support the future
development of a Transit Oriented Development on the remainder of the Dimick
Block and surrounding area. The three (3) items were to: 1) determine the
availability of funds from the City of West Palm Beach and/or its Community
Redevelopment Agency (CRA); 2) prepare an explanation of the benefits of
relocating the DOH Administration Building to its new mid-block location; and
3) conduct an independent review of the proposed construction costs.
Subsequently in a joint workshop of the Health Care District (HCD) and the BCC,
the BCC indicated that it would consider funding the project deficit, estimated
at $3,750,000, providing that; 4) the review of the costs supported the amount
of funds being requested for the project, and 5) that the final request for
funding be inclusive of all costs and finite so that the BCC would know its
ultimate funding commitment and that the project was fully funded and therefore
could proceed. The first two (2) items
have been addressed in a letter from the West Palm Beach CRA dated January 16,
2007. County staff and one of its annual
Contract Manager (CM) At Risk contractors have performed a review of the plans,
specifications, Preliminary Guaranteed Maximum Price (GMP) and the proposed
total project budget and find them to be reasonable for the current market and
similar to those incurred by the County for comparable facilities. As such, staff is recommending that the BCC
fund the remaining project deficit of $4,752,451 solely in an effort to ensure
that the Administration Building moves forward and does not incur additional
costs. If the Board does not fund the
entire deficit, staff recommends that it identify the specific amount it would
fund and return the item to the Health Care District to consider funding the
difference at its February 14, 2007 meeting.
Amendment No. 2 increases the funding to a total amount not-to-exceed
$12,852,451 and provides for: 1) a pre-construction downward adjustment based
on final GMP, which eliminates contingencies for items currently undersigned;
2) a reimbursement of unspent project funds; and 3) a prohibition against
further requests for funding on this project.
(FDO Admin) Countywide/District
7 (JM)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).