ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 4, 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 6 - 22)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 23)
5. REGULAR
AGENDA (Pages 24 - 30)
TIME CERTAIN 11:30 A.M. (South Florida
Water Management District Presentation)
(Page 26)
TIME
CERTAIN 2:30 P.M. (Mining Impacts within the Everglades
Agriculture Area) (Page 26)
6. BOARD
APPOINTMENTS (Pages 31 - 32)
7. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 33)
8. STAFF
COMMENTS (Page 34)
9. COMMISSIONER
COMMENTS (Page 35)
10. ADJOURNMENT (Page 35)
* * * * * * * * * * *
DECEMBER 4, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Budget
Transfer/Amendments related to the Criminal Justice Information System project
3A-2 First
Amendment with Kathleen Owens for consulting/professional services
Page 7
3A-3 Expenditures
for the Neighborhood Street Lighting Program
3A-4 Revised
Guidelines for the Neighborhood Street Lighting Program
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes: None
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Interlocal
Agreement with Town of Lake Park for street lighting
3C-2 Reimbursement
Agreement with City of Riviera Beach for street lighting
3C-3 Reimbursement
Agreement with Town of Cloud Lake for drainage improvements
Page 9
3C-4 Interlocal
Agreement with City of Delray Beach for trombone mast arm structure
3C-5 Change
Order No. 3 with Bergeron Land Development, Inc. for Jog Road construction
3C-6 Budget
Transfer for guardrail installation on Aruba Way and Caribbean Blvd.
3C-7 Interlocal
Agreement with Indian Trails Improvement District for asphalt pathways
3C-8 Deleted
3C-9 Budget
Transfer relative to the Grove Street Outfall project
Page 10
3C-10 Amendment No. 3 with FDOT relative to the Intelligent Transportation
System facility
D. COUNTY ATTORNEY
Page 10
3D-1 Amendment
No. 2 with Solid Waste Authority for legal services
E. COMMUNITY SERVICES
Page 10
3E-1 Contracts
with four (4) vendors for services to homeless individuals
Page 11
3E-2 Referral
agreements relative to the senior services programs with the Area Agency on
Aging
3E-3 Contracts
with two (2) agencies relative to the Financially Assisted Agencies Program
Page 12
3E-4 Contract with Area Agency on Aging for
disaster preparedness services
3E-5 Amendment No. 1 with Area Agency on Aging
for the Emergency Home Energy Assistance Program
F. AIRPORTS
Page 12
3F-1 Change
Order No. 12 with James A. Cummings, Inc. for the long term parking garage
project
Page 13
3F-2 Receive
and file six (6) Dept. of Airports standard agreements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Settlement
Offer of Code Enforcement Lien with Family, Inc. of Palm Beach
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 JOC
Work Order No. 08-001 with H.A. Contracting, Inc. relative to the Uninterrupted
Power Supply at PBSO Administration Building
3H-2 First
Amendment with Village of Tequesta relative to the County’s 800 MHz Radio
System
DECEMBER 4, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 14
3I-1 Amendment
No. 2 with City of Greenacres regarding street improvement projects on Perry
Avenue, Martin Avenue and certain alleyways
Page 15
3I-2 Amendment
No. 2 with City of Lake Worth for Latona Avenue street improvements
3I-3 FY
2007-2008 Forms for various programs w/US Dept. of Housing & Urban
Development
3I-4 Agreement
with The Salvation Army for transitional housing and supportive services
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 16
3K-1 Contract
with Youngquist Brothers, Inc. for mechanical integrity testing at NRWTF
3K-2 Change
Order No. 6 with R.J. Sullivan, Corp. for WTP No. 8 expansion
3K-3 Reclaimed
Water Development Agreement with Solid Waste Authority
3K-4 Repair,
Replacement and Indemnity Agreement with Pensky Automotive Group, Inc.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Interlocal
Agreement with FIND for maintenance dredging in Intracoastal Waterway
3L-2 Modification
No. 2 w/US Dept. of Interior, Fish & Wildlife Service for Juno Dunes
Natural Area
Page 18
3L-3 Interlocal
Agreement with City of West Palm Beach and SFWMD for bridge over Grassy Waters
Preserve
M. PARKS & RECREATION
Page 18
3M-1 Resolution
dissolving the Okeeheelee Park Citizens Advisory Committee
Page 19
3M-2 Agreement
with New Beginning Community Outreach, Inc. for festival
3M-3 Agreement
with The Children’s Coalition, Inc. for the Believe and Achieve program
3M-4 Receive
and file one (1) Independent Contractor Agreement
3M-5 First
Amendment w/The Friends of Sandoway House Nature Center for Shell Gallery
addition
3M-6 First
Amendment w/the School Board for funding of Recreation Assistance Program
projects
Page 20
3M-7 Agreement
with Pineapple Grove Main Street, Inc. for Pineapple Grove Artscape project
3M-8 Agreement
with Hold My Hand, Inc. for tennis tournament
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 20
3Q-1 Second
Amendment with City of Riviera Beach for Weed & Seed program
3Q-2 First
Amendment with City of West Palm Beach for Weed & Seed program
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
DECEMBER 4, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 21
3BB-1 Grant
Adjustment Notice for the “Paul Coverdell National Forensic Sciences
Improvement” Grant
3BB-2 Grant
Adjustment Notice for the 2006 “Paul Coverdell National Forensic Sciences
Improvement” Grant
Page 22
3BB-3 Grant
Adjustment Notice for the “Solving Cold Cases with DNA Program” Grant
CC. MEDICAL EXAMINER
Page 22
3CC-1 Interim Associate Medical Examiner Agreements
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 23
4A Animal Kindness Awards to Clint Thomas
and Marissa Thomas
4B Chinese American Day
4C Certificate of Appreciation to Mr.
William E. Pruitt
REGULAR AGENDA
ADMINISTRATION
Page 24
5A-1 Draft
FY 2008 State Legislative Program
5A-2 Justice
Information System
5A-3 Compliance
Report on the Fire Rescue Level of Service Standard
Page 25
5A-4 Tri-Party
Agreement with Supervisor of Elections and Sequoia Voting System for optical
scan voting equipment
5A-5 Purchase
and Sale with WMJB Marine, Inc. for Working Waterfront Preservation Easement
(Palm Beach Yacht Center)
Page 26
5A-6 Neighborhood
infrastructure assessment projects
5A-7 South Florida Water Management District - Comprehensive Planning Overview – TIME CERTAIN 11:30 A.M.
5A-8 Mining Impacts within the Everglades
Agriculture Area – TIME CERTAIN 2:30 P.M.
COUNTY ATTORNEY
Page 27
5B-1 County
Investment Policy
5B-2 Westgate/Belvedere
Homes Community Redevelopment Area Ordinance
DECEMBER 4, 2007
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES
DEVELOPMENT & OPERATIONS
Page 28
5C-1 South
Florida Science Museum Lease Amendment
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 29
5D-1 First
Amendment with Indiantown-Jupiter Venture and Walter & Joyce Hatcher
relative to Hatcher property
METROPOLITAN
PLANNING ORGANIZATION
Page 29
5E-1 Lake
Region Commuter Route service continuation
ENGINEERING
& PUBLIC WORKS
Page 30
5F-1 Second
Amendment with City of West Palm Beach regarding mitigation fees relative to
Roebuck Road
BOARD
APPOINTMENTS (Pages 31 - 32)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 33)
STAFF
COMMENTS (Page 34)
COMMISSIONER
COMMENTS (Page 35)
ADJOURNMENT (Page 35)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) Budget Transfer of $400,000 from the State Attorney’s Court Information
Technology operating budget to the Criminal Justice Information System (CJIS)
capital project;
B) Budget Amendment of $400,000 in the Court Information Technology Capital
Fund – CJIS Project to recognize the transfer from the State Attorney as
reimbursement for previously expended Ad Valorem dollars and appropriate the
reimbursed funds to be transferred to the Public Building Improvement Fund; and
C) Budget Amendment of $400,000 in the Public Improvement Fund to recognize
the transfer and appropriate it to the State Attorney’s 2nd Floor
Shell Build-out project.
Summary: The State Attorney has requested a build-out
of the 2nd floor shell to accommodate additional computer equipment
and the need for a cooler environment for the equipment. Facilities’ has estimated the cost to
complete the project at $400,000, but does not have the budget. The State Attorney would like to use $400,000
of their court technology budget to fund the project, but this type project is
not eligible to be funded with $2 Court Information Technology funds. However, the $2 funds can be used to
reimburse the County for Ad Valorem funding previously expended on eligible
court technology costs. To that end, the
$400,000 is being transferred to the Court Information Technology Capital fund
where the Ad Valorem was expended and then to the 2nd Floor
Build-out Project in the Building Improvement Fund. Countywide (PFK)
2. Staff recommends
motion to approve: the First
Amendment to the Contract for Consulting/Professional Services dated January 10,
2006 (R2006-0119) with Kathleen Owens relating to a fire rescue minimum level
of service and emergency communications. This Amendment extends the agreement
for twelve (12) months until December 31, 2008 and increases the hourly rate by
5%, for a not-to-exceed amount of $ 8,593.50 for Consultant’s fees and $600 for
expenses, for a total not-to-exceed amount of $9,193.50 for the extension
period. SUMMARY: In 2006, Ms. Kathleen Owens was retained by
the Board to provide assistance to the Fire Rescue Level of Service
Committee. The original contract’s term
was for a two (2) year period, expiring December 31, 2007, with a not-to-exceed
amount of $18,960. This Amendment will
increase the consultant’s hourly rate by 5%; however, the total contract not-to-exceed
amount of $18,960 will remain the same, including the extension period. While the Fire Rescue Level of Service
Committee has made significant progress, there are still several tasks that
have not yet been completed. Key among
these issues is the development of a response time methodology and standard for
the entire region by October 2009. The
Fire Rescue Level of Service Committee is recommending Ms. Owens’ contract be
extended until December 31, 2008 to assist with the finalization of these final
important tasks. Countywide (SB)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
3. Staff recommends motion to approve:
A) expenditure in the amount of $36,000 in the
Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of six (6) "cobra head" street
lights within the Lake Worth West Countywide Community Revitalization Team (CCRT)
area;
B) expenditure in the amount of $120,000 in
the Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of twenty (20) "cobra head" streetlights
within the Homes at Lawrence CCRT area;
C) expenditure in the amount of $120,000 in
the Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of twenty (20) "cobra head"
streetlights within the Parkway Village/Evergreene Acres CCRT area;
D) Budget Transfer from the Capital Outlay
Fund for implementation to the Lake Worth West Street Lighting Project in the
amount of $12,000, to the Homes at Lawrence Street Lighting Project in the
amount of $40,000, and to the Parkway Village/Evergreene Street Lighting
Project in the amount of $40,000;
E) Budget Transfer from the Capital Outlay Fund
to the CCRT Street Lighting Maintenance Fund for the Lake Worth West Street
Lighting Project in the amount of $24,000, for the Homes at Lawrence Street Lighting
Project in the amount of $80,000, and for the Parkway Village/Evergreene Acres
Street Lighting Project in the amount of $80,000; and
F) Budget amendments totaling $184,000 in the
CCRT Street Lighting Maintenance Fund to recognize and appropriate the
transfers from the Capital Outlay Fund of $24,000 for the Lake Worth West
Street Lighting Project, $80,000 for the Homes at Lawrence Lighting Project,
and $80,000 for the Parkway Village/Evergreene Acres Street Lighting Project.
SUMMARY: The street lighting
projects now being submitted for approval were initiated by members of the Lake
Worth West Resident Planning Group, Inc., the Homes at Lawrence HOA, and the
Parkway Village/Evergreene Acres resident group, respectively. Based
on Office of Community Revitalization staff review, it was determined that the
installation of these streetlights would help reduce area crime as well as
enhance pedestrian safety and facilitate safer vehicular movement. The total
amount of funding provided for these projects is $276,000. Districts 1
& 3 (AH)
4. Staff recommends motion to approve:
the revised program guidelines for the Neighborhood Street Lighting Program
(NSLP). SUMMARY: On December
21, 2004, the Board of County Commissioners (BCC) approved the program
guidelines for the Neighborhood Street Lighting Program (NSLP). Since that time, program goals and other
requirements have necessitated various changes to the NSLP guidelines. The main changes being made to the NSLP
include extending the maintenance period for requests received by Homeowner
Associations (HOA) within Countywide Community Revitalization Team (CCRT)
neighborhoods from 10 to 20 years as provided to non-HOA applicants, and
revising program guidelines to make the replacement and/or repair of existing
lights eligible for NSLP funds. The Office of Community Revitalization (OCR)
revised the NSLP guidelines and presented them to the CCRT Committee, who
recommended approval on November 13, 2007.
If these changes are approved by the BCC, the new guidelines will be
applied to future applications. Countywide
(AH)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) Budget Transfer of $58,000 in the Transportation Improvement Fund from Reserve for District 7 to Silver Beach Road Street Lighting – District 7; and
B) an Interlocal Agreement with the Town of Lake Park to reimburse $58,000 for street lighting.
SUMMARY: This Agreement will supply reimbursement funds for design, installation, operation, and maintenance of street lighting on Silver Beach Road from Avenue “S” to Congress Avenue, for at least 20 years. District 7 (MRE)
2. Staff recommends motion to approve:
A) a Reimbursement Agreement in the amount of $94,000 with the City of Riviera Beach (City) for installing street light poles and fixtures on West 32nd Street within the City limits; and
B) a Budget Transfer of $94,000 in the Transportation Improvement Fund from the Reserves for District 7 to West 32nd Street Lighting Project Riviera Beach (Project) - District 7.
SUMMARY: This Budget
Transfer reimburses the City the amount of $94,000 for West 32nd
Street lighting within the City limits. District 7 (MRE)
3. Staff recommends
motion to approve:
A) a Reimbursement Agreement in the amount of $22,500 with the Town of Cloud Lake for drainage improvements; and
B) a Budget Transfer of $22,500 in the Transportation Improvement Fund from Reserve for District 3 to Glen Ridge/Cloud Lake Drainage Improvements.
SUMMARY: Approval of the Budget Transfer and the Interlocal
Agreement will provide reimbursement funds to the Town of Cloud Lake to create
additional storage for storm water runoff.
District 3 (MRE)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve:
A) Budget Transfer of $250,000 in the Transportation Improvement Fund from Reserve for District 7 to Delray/Trombone Mast Arms West Atlantic Avenue and SW/NW 12TH Street – District 7; and
B) an Interlocal Agreement
with the City of Delray Beach (City) to reimburse up to $250,000 for the
Trombone Mast Arms.
SUMMARY: This Agreement will
reimburse the City with funds from the Transportation Improvement Fund up to
$250,000 for the construction of a trombone mast arm structure. District 7 (MRE)
5. Staff recommends
motion to approve: Change Order
No. 3 for a net credit of $219,816 to Contract No. R2006-1864 with Bergeron
Land Development, Inc. for construction of Jog Road from West Atlantic Avenue
to Lake Ida Road. SUMMARY: Change Order No. 3
is a net credit due to the deletion of contract items that will no longer be
required as a result of modifications to components of the storm water
collection system, and addition of modified inlet tops. District 5 (MRE)
6. Staff recommends
motion to approve: a Budget Transfer of $2,110 in the Transportation
Improvement Fund from Reserve for District 7 to Guardrail/Aruba Way and
Caribbean Boulevard – District 7. SUMMARY:
Approval of the Budget Transfer will provide funds to have our Road
and Bridge Section install guardrail. District 7 (MRE)
7. Staff recommends
motion to approve:
A) a Budget Transfer of $200,000 in the Transportation Improvement Fund from Reserve for District 6 to Indian Trails Improvement District asphalt pathways – District 6;
B) a Budget Transfer of $118,817 in the Unincorporated Improvement Fund from Indian Trail Improvement District Municipal Service Taxing Unit to Indian Trails Improvement District asphalt pathways; and
C) an Interlocal Agreement with the Indian Trails Improvement District (ITID) in the amount of $318,817 for asphalt pathways.
SUMMARY: Approval of the Budget Transfers and the Interlocal
Agreement will allow Indian Trails Improvement District to be reimbursed for
constructing asphalt pathways. District
6 (MRE)
8. DELETED
9. Staff recommends
motion to approve: a Budget
Transfer of $67,430 in the Capital Outlay Fund from Street and Drainage
Reserves to the Grove Street Outfall (Project).
SUMMARY: The Budget Transfer will provide funds for producing construction documents
suitable for permitting, bidding, and construction of proposed drainage
improvements for the Project. District
6 (MRE)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to adopt: a Resolution
approving Amendment No. 3 to the Advance/Reimbursement Agreement (Resolution
2003-0312), with the Florida Department of Transportation (FDOT), associated
with the Intelligent Transportation System (ITS) Operations Facility located at
the Palm Beach County (County) Vista Center, extending the effective
date from December 31, 2007, to June 30, 2008 or until the project is completed. SUMMARY: This Amendment will allow additional time for
construction and reimbursement of funds with regard to the previously approved Advance/Reimbursement Agreement. The
current Advance/Reimbursement Agreement
allows FDOT to reimburse the County for the costs of design, construction, and
construction administration associated with the ITS Operations Facility in the
newly constructed County building located at the Vista Center. District 6 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: Amendment No.
2 to Interlocal Agreement (R2000-0249) as amended by the First Amendment
(R2004-2012) with the Solid Waste Authority for the provision of legal services
to the Authority by the County Attorney=s Office.
SUMMARY: Under this Amendment, the County Attorney=s Office will continue to provide legal
services for the Authority with the hourly rate for attorneys’ time increased
from $125 to $200. Countywide (MC)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contracts with the following vendors for the
period of January 1, 2008, through December 31, 2008, for a total of $509,725
for services to homeless individuals:
A) Gulfstream
Goodwill Industries, Inc. for supportive services in an amount not-to-exceed $
65,000;
B) Gulfstream
Goodwill Industries, Inc. for supportive housing in an amount not-to-exceed $
280,725;
C) Oakwood
Center for supportive services in an amount not-to-exceed $ 82,000; and
D) Comprehensive Alcoholism Rehabilitation
Programs, Inc. for supportive services in an amount not-to-exceed $82,000.
SUMMARY: In 2006, the
Department of Housing and Urban Development (HUD) awarded the Division of Human
Services a one (1) year renewal grant to begin January 2008. The grant will continue funding for 30
Transitional Housing Beds and Supportive Services offered through Gulfstream
Goodwill Industries, Inc., CARP, and Oakwood Center to provide staff for the
Homeless Outreach Teams and related support services. Funds for these contracts are comprised of
$438,254 from HUD and $91,771 in County match. The contracts total $509,725 and the remaining
balance of $ 20,300 is for non-contracted funds for administration and bus
passes. (Human Services) Countywide
(TKF)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
2. Staff recommends
motion to:
A) rescind
Home and Community Based Services
Medicaid Waivers (MW) Case Management Referral Agreement (R2007-1278); and Home
and Community Based Services Assisted Living for the Frail Elderly (ALE)
Medicaid Waiver Case Management Referral Agreement (R2007-1279); and
B) approve and replace with Home and
Community Based Services Medicaid Waivers (MW) Case Management Referral
Agreement; Home and Community Based Services Assisted Living for the Frail
Elderly (ALE) Medicaid Waiver Case Management Referral Agreement; and Home and
Community Based Services Aged and Disabled Adult (ADA) Medicaid Waiver Referral
Agreement with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
(AAA), with no expiration.
SUMMARY: The
Home and Community Based Services MW and ALE referral agreements were
originally approved with Area A only (north of Hypoluxo Road) and are being
rescinded and resubmitted to include Area A and B (south of Hypoluxo Road)
along with facility-based respite. As a
service provider under the Home and Community Based Services Program, the
Division of Senior Services (DOSS) will bill the State of Florida’s Medicaid
fiscal agent directly on a negotiated unit rate basis of $11.25 per 15 minutes
for MW Case Management, $5.25 per 15 minutes for Case Aide, $100 per client per
month for ALE Case Management, and $2.50 per 15 minutes for facility-based respite. Under these referral agreements, DOSS will
accept referrals from other case management agencies and provide quality
services to the waiver participants as specifically outlined in the
participants’ Plan of Care so as to promote the development of a coordinated
service delivery system to meet the needs of the aged or disabled adults who
are at risk of premature nursing home placement. (DOSS) Countywide (TKF)
3. Staff recommends
motion to approve: Contracts with the following agencies
totaling $428,120 for the period and services indicated:
A)
Early Learning Coalition of Palm Beach County, Inc. for the period
October 1, 2007, through June 30, 2008, in the amount of $300,000 for
subsidized child day care services; and
B) Palm
Beach County Health Department for the period October 1, 2007, through
September 30, 2008, in the amount of $128,120 to provide in‑depth,
comprehensive counseling for recalcitrant HIV positive clients tested by the
PBCPHU and 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.
SUMMARY: On July 11, 2007 and September 20, 2007, the
Board of County Commissioners approved the list of agencies and funding
allocations under the Financially Assisted Agency (FAA) Program, and
subsequently adopted a budget for FY 2008 that included funds for Other County
sponsored programs. The contracts being
recommended for approval reflect the funding amounts previously approved by the
Board. Additional contracts will be
forthcoming upon receipt of all required information. Countywide (TKF)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
4. Staff recommends
motion to approve: Contract with Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (AAA) for the period October 1, 2007, through September 30, 2008 in
an amount not-to-exceed $125,000 to provide disaster preparedness services. SUMMARY: This Contract with Area Agency on Aging, Palm
Beach/Treasure Coast, Inc. will provide for services in support of County
efforts to identify at-risk seniors and persons with disabilities and to assist
individuals and communities to plan for and respond to disasters. These services will be conducted under the
framework of the Palm Beach County Comprehensive Emergency Management Plan. (Human Services) Countywide (TKF)
5. Staff recommends
motion to approve: Amendment No. 001 to Standard Agreement No. IP007-9500
(R2007-1689) for the Emergency Home Energy Assistance (EHEAP)
Program with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for
the period June 1, 2007, through March 31, 2008, increasing the agreement
amount by $4,471 for a new total not-to-exceed the amount of $56,532. SUMMARY:
This Amendment is needed to align the funding
with the County budget. In the area
south of Hypoluxo Road, Ruth Rales Jewish Family Service currently provides EHEAP
services under a similar agreement from the AAA. (DOSS)
Countywide except for portions of Districts 3, 4, 5, & 7 south of
Hypoluxo Road (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve:
Change Order No. 12 to the
Contract with James A. Cummings, Inc. increasing the contract in the amount of
$387,384 and increasing the Contract Time by 15 Calendar Days for the Long Term
Parking Garage No. 2 at Palm Beach International Airport (PBIA).
SUMMARY: On May 16, 2006, the BCC approved
the Construction Contract (R2006-0842) with James A. Cummings, Inc. for
construction services for the Long Term Parking Garage at PBIA in the amount of
$61,666,000. Change Orders 1-11 were
approved for a net decrease to the contract in the amount of $25,324,728, which
included deleting more than $26 million in materials from the contract so they
could be purchased directly by the owner to capture the tax savings. Approval of Change Order No. 12 in the amount
of $387,384 will provide funds to
complete required changes related to seven (7) contract change proposals as
described in the Summary attached to the Item.
The Small Business Enterprise (SBE) participation for this Change Order
is 7.04%. The total SBE contract goal
including all change orders is 15.96%. Countywide (JCM)
DECEMBER 4, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to receive and file: six (6) original Agreements for the
Department of Airports:
A) Agreement to Terminate
Hangar Lease Agreement with Steve Barcsansky, Unit 20, Building 11300,
terminating R2004-0615 on October 31, 2007;
B) Agreement to Terminate
Hangar Lease Agreement with Bob Santom, Unit 18, Building 11750, terminating
R2004-0847 on October 31, 2007;
C) Agreement to Terminate
Hangar Lease Agreement with James H. Selway, Unit 17, Building 11300,
terminating R2003-0835 on November 30, 2007.
D) North County General Aviation Airport Hangar Lease Agreement
with Aviation Partners of Boynton Beach, LLC., Unit 9, Building 11240,
effective November 11, 2007;
E) North County General Aviation Airport Hangar Lease Agreement
with Victor Girgenti, Unit 17, Building 11300, effective November 2, 2007; and
F) Contract with West Construction, Inc. of $138,803 for Runway 33
Threshold Improvements at Palm Beach County Park Airport (Lantana), effective October
22, 2007.
SUMMARY: Delegation of
authority for execution of the standard County agreements above was approved by
the BCC in R2003-1047, R2004-1367, Purchasing Code (Ordinance No. 2005-062) and
PPM CW-0-051. Countywide (AH)
G. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff recommends motion
to approve: a negotiated
Settlement Offer in the amount of $50,000 for the full satisfaction of a Code
Enforcement Lien that was entered against Family, Inc. of Palm Beach on August
3, 2005. Summary: The
Code Enforcement Special Master (CESM) entered an Order on February 2, 2005
giving the Family, Inc. of Palm Beach until
June 2, 2005 to bring their property into compliance with the approved site
plan, per Petition Number 87-33 (A) & (B) and Resolution No. R93-1537 for
required landscaping, paint the exterior walls of the building, maintain wooden
fence, and clean up the litter on the property.
Compliance with the CESM’s Order was not achieved by the ordered
compliance date and a fine in the amount of $250 per day was imposed. The CESM then entered a claim of lien against
Family, Inc. of Palm Beach on August 3, 2005.
The cited code violations were fully corrected as of April 11,
2007. The total accumulated lien amount
through August 2, 2007, the date settlement discussions began, totaled $220,131.62,
of which Family, Inc. of Palm Beach has agreed to pay the County $50,000 (22.7%)
for full settlement of their outstanding Code Enforcement Lien. District 2 (PGE)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: JOC Work
Order No. 08-001 with H.A. Contracting Corp., (R2005-0540) in the amount of
$382,360.54 to expand the Uninterrupted Power Supply (UPS) system located at
the Sheriff’s Office Administration Building.
SUMMARY: This Work Order is to provide further
expansions to the previously awarded replacement UPS system for 3228 Gun Club
Road, CJC Building A. The replacement of
the existing UPS system included remodeling of a room to house the system, with
associated electrical and HVAC upgrades was previously awarded but since that
time the requirements of the Sheriff’s Office have increased. These revisions will increase the size of the
replacement UPS by 33% which will provide for all currently identified
requirements plus growth. The SBE goals
are 15%. The SBE participation in this Work
Order is 61.62%. When the participation
for this Work Order is added to H.A.’s total participation to date, the
resulting values are 33.1%. The total
construction duration is 180 days. (FDO
Admin) Countywide/District 2 (JM)
2. Staff recommends
motion to approve: a First
Amendment to the Agreement (R2003-0865) with the Village of Tequesta (Village),
allowing for interoperable communications through the countywide common groups
of the County’s 800 MHz Radio System. SUMMARY: The Agreement with the Village, which
provides the terms and conditions under which the Village can program into its
radios and utilize the countywide common talk groups for certain types of
inter-agency communications, will expire on June 17, 2008. The Agreement provides for three (3) - five
(5) year renewals but renewals require approval by both parties. The Village has approved a renewal to extend
the term of the Agreement until June 17, 2013.
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. The
Village 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. (ESS) Countywide (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2006-0989) with the City of Greenacres in connection with the 2004 Disaster Recovery Initiative Program, to reallocate $36,000 among budget line items for this Community Development Block Grant (CDBG) funded street improvement project on Perry Avenue, Martin Avenue, and certain alleyways. SUMMARY: The Agreement for this project provides $220,000 in CDBG funds from the County which are divided into four line items including one for engineering design costs at $36,500, and three line items for street improvements as follows: $55,000 for Perry Avenue, $48,500 for Martin Avenue, and $80,000 for the alleyways. Based on the bids received for construction work on Perry Avenue ($147,133.60) and on Martin Avenue ($15,684.93), Perry Avenue is under funded and Martin Avenue is over funded. This Amendment will transfer $36,000 from the Martin Avenue budget line item to the Perry Avenue budget line item, with no change in the total amount funded, with no effect on the line item for engineering design, and with no effect on the line item for the alleyways. The total amount of the construction bid received by the City is $260,212.83, and the total amount to be funded by the County for construction costs is $183,500. The City will fund all amounts for construction above the amount to be funded by the County. The work will include roadway, sidewalk, and drainage system improvements. These are Federal CDBG funds that require no local matching funds. District 2 (TKF)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
I. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2006-0354), with
the City of Lake Worth to: a) increase the funding amount from
$244,035 to $452,527 in Community Development Block Grant (CDBG) funds; and b)
extend the expiration date from December 31, 2007, to December 31, 2008. SUMMARY: The Amendment provides a one (1) year
extension to the term of the existing Agreement for the construction of street
improvements on Latona Avenue in the Osborne Neighborhood in City of Lake
Worth. The work will include
installation of bulb-outs, speed slowdown crosswalks, intersection handicap
ramps, streetlights, trees and sidewalks.
The time extension will provide the City an additional year to complete
the engineering design, bid the work, and construct the improvements. The additional $208,492 being provided to
this project represent the City’s FY 2007-2008 funding allocation under the
CDBG program, which the City has requested be directed to this project. These are Federal funds that require no
local match. District 7 (TKF)
3. Staff recommends
motion to approve: the Fiscal
Year 2007-2008 Funding Approval/Agreement Forms for the Community Development
Block Grant (CDBG) Program - $7,068,569; the Emergency Shelter Grants (ESG)
Program - $306, 234; and Home Investment Partnership (HOME) Agreements,
inclusive of American Dream Down Payment Initiative (ADDI) for $2,588,864 and $53,383,
respectively. All agreements are with the U.S. Department of Housing and Urban
Development (HUD). SUMMARY:
Approval of the Funding Approval/Agreement Forms (HUD-7082 for CDBG,
HUD-40093 for HOME, and Local Government Grant Agreement for ESG) are required
to make $10,017,050 in federal funds available to the County to provide
assistance for community development programs.
The purpose of the CDBG, ESG, and HOME Program entitlement funding
includes, but is not limited to, the development of viable urban communities
through the provision of decent housing, a suitable living environment, and the
expansion of economic opportunities, principally for persons of low and
moderate income throughout Palm Beach County.
No local match is required to implement the CDBG program; however,
the ESG and HOME programs have matching requirements. The ESG Program matching
requirement is met through a cash or in-kind contribution by each agency
receiving this funding, and the HOME matching requirement is met through the
State Housing Initiatives Partnership (SHIP). Countywide (TKF)
4. Staff recommends motion to approve: an Agreement with The Salvation Army for $22,000 of FY 2007-2008 Community Development Block Grant (CDBG) funds, for the period October 1, 2007, to September 30, 2008 to provide transitional housing and supportive services to 275 unduplicated individuals at The Salvation Army Center of Hope located at 1577 North Military Trail, West Palm Beach, Florida 33409. SUMMARY: The FY 2007-2008 Action Plan approved by the BCC on July 10, 2007, allocated $1,060,285 of CDBG funds for the provision of public services. This Agreement will allocate $22,000 for the provision of shelter, meals, and appropriate supportive services to 70 homeless individuals per day for a total of 275 unduplicated homeless individuals per year. These are Federal CDBG funds that require no local match. Countywide (TKF)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to receive and file: a Contract in the amount of $118,100 for
Youngquist Brothers, Inc. to perform mechanical integrity testing of a Class 1
deep injection well IW-1 at the Northern Region Wastewater Treatment
Facility. SUMMARY: On October 15, 2007, the Director of the
Water Utilities Department approved a contract with Youngquist Brothers, Inc.
to perform mechanical integrity testing of a Class 1 deep injection well IW-1
at the Northern Region Wastewater Treatment Facility in the amount of $118,100.
This agenda item recommends the Board
receive and file the contract with Youngquist Brothers, Inc. approved by Water
Utilities Department so it may be properly recorded. (WUD 07-170) District 6 (JM)
2. Staff recommends
motion to approve: Change
Order No. 6 to the Contract with R.J. Sullivan, Corp. (R2006-0780) for the
Water Treatment Plant No. 8 Expansion Project increasing the contract price by
$106,992 and providing a twenty one (21) day time extension. SUMMARY: Change
Order No. 6 authorizes the Contractor to perform Phase II Hurricane Hardening
(Sodium Hypochlorite and Vacuum Filter Buildings) various civil, mechanical,
and electrical improvements, resolve conflicts with the proposed new facilities,
and comply with Building Department permit conditions. It also provides the Contractor with
additional time (21 days) to accomplish the additional work. The hurricane hardening includes shutters,
impact resistant windows and concrete walls to make the above referenced
buildings hurricane resistant. Other
revisions are to relocate an electrical ductbank which was in conflict with the
proposed Filter Building and to provide a conduit for instrumentation wiring
for the new Sludge Thickener and Sodium Hypochlorite Storage Tank. Also included is a credit for a water
softening unit which can be eliminated. Total
change orders to date, excluding the $1,712,386.46 sales tax recovery program
change order, equal $928,559.85 (5.10% increase). 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 26.22% overall. (WUD Project
No. 05-146) District 2 (JM)
3. Staff recommends
motion to approve: a Reclaimed Water Development Agreement
(Agreement) with the Solid Waste Authority (SWA). SUMMARY: The Board of County Commissioners (BCC)
delegated the authority to execute various types of Standard Development
Agreements listed in the Water Utilities Department (Department) Uniform
Policies and Procedures Manual to the Department’s Director. The addition of “Special Conditions” under
this Agreement requires the approval of the BCC. District 5 (MJ)
4. Staff recommends
motion to approve: a Repair, Replacement and Indemnity Agreement
(Agreement) between Penske Automotive Group, Inc. (Penske) and Palm Beach
County. SUMMARY: In accordance with the Water Utilities
Department (WUD) Uniform Policies and Procedures Manual (UPAP), the Board of
County Commissioners (Board) delegated to the County Administrator or designee
the authority to execute various types of documents, including Indemnity
Agreements. Penske’s proposed car
dealership project (State Road 80, east of State Road 7) installed a
non-standard concrete driveway over a PBCWUD potable water main, making the
access to the pipe for operation and maintenance purposes costly and
difficult. The Board’s Approval is
sought for this Agreement since the unique design conditions necessitate the
inclusion of repair and replacement terms to further protect and indemnify the
County. District 6 (MJ)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to approve: an Interlocal Agreement with the Florida Inland Navigation District (FIND) for reimbursement of all costs up to $500,000 associated with the maintenance dredging of approximately 31,100 cubic yards of sand from cut P-50 within the Atlantic Intracoastal Waterway (ICW) beginning February 2008. Summary: By entering into this Interlocal Agreement, the County agrees to provide project design, planning, permitting, contracting, construction management, and observation for the completion of the project efforts for FIND at the same time as the County performs the next maintenance dredging activities related to the County’s South Lake Worth Inlet Interior Sand Trap Maintenance Dredging Project. A Budget Amendment will be submitted when the construction contract is executed and the FIND share has been determined. District 4 (SF)
2. Staff recommends motion to:
A) approve Modification No. 2 to Cooperative Agreement No. 1448-40181-02-J-053 (R2002-2180) with the U.S. Department of Interior, Fish and Wildlife Service (USFWS) extending the Agreement to September 1, 2008;
B) approve Budget Amendment in the Capital Outlay Fund for $224,000 to recognize $24,000 from the USFWS Cooperative Agreement No. 1448-40181-02-J-053, and a $200,000 transfer from the Natural Areas Fund for the Juno Dunes Natural Area project account for hydrological restoration;
C) approve Budget Transfer in the Natural Areas Fund of $200,000 from Reserves to the Capital Outlay Fund; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with the Cooperative Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Cooperative Agreement.
Summary: Cooperative Agreement No.1448-40181-02-J-053 (R2002-2180) with the USFWS, providing a grant award of $24,000 for the environmental and hydrological restoration of freshwater and tidal wetlands at Juno Dunes Natural Area effective September 1, 2002, through September 1, 2007, was approved by the BCC on December 3, 2002. Modification No. 2 to the Agreement extends the period to September 1, 2008. These budget documents will recognize the re-establishment of $24,000 funding from the USFWS and $200,000 from the Natural Areas Fund to provide $24,000 matching funds for the Agreement and $176,000 to provide for surveys, construction, planning, permitting and management activities. District 1 (SF)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve an
Interlocal Agreement with the City of West Palm Beach (City) and the South
Florida Water Management District (SFWMD) for construction of a bridge over the
Grassy Waters Preserve at Northlake Boulevard with project cost shares of up to
$1.6 million from the City; up to $800,000 from the SFWMD and up to $700,000
from the County;
B) approve State of Florida Agreement No. LP6840 with the Florida Department of Environmental Protection (FDEP) for a term ending December 31, 2010 to reimburse up to $1,500,000 for construction of a bridge over Grassy Waters Preserve at Northlake Boulevard;
C) approve Budget Amendment in the Capital Outlay Fund of $2,750,000 to recognize a $1,600,000 contribution from the City, an $800,000 contribution from SFWMD, and a $350,000 transfer from the Transportation Improvement Fund to the Loxahatchee Slough Bridge Project;
D) approve Budget Transfer of $350,000 in the Transportation Improvement Fund from Reserves – Road Program Sweeps to Transfer to the Capital Outlay Fund;
E) approve Budget Transfer in the Capital Outlay Fund of $350,000 from Environmental Restoration to the Loxahatchee Slough Bridge Project;
F) approve a Budget Amendment of $1,500,000 in the Capital Outlay Fund to recognize the revenue from the FDEP Agreement No. LP6840 in the Loxahatchee Slough Natural Area Project; and
G) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Agreements, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
Summary: The Interlocal Agreement provides that
the three parties will jointly fund, with the County as the lead construction
entity, a bridge over Grassy Waters Preserve at Northlake Boulevard. The bridge
will allow recreational access and hydrologic connectivity from Grassy Waters
Preserve to the County-owned Loxahatchee Slough Natural Area. The FDEP Agreement will reimburse up to
$1,500,000 and requires a $1,500,000 cost share match. This Agreement is part of the State
Legislature’s disbursement of funds for restoring and protecting surface waters
of the State. District 6 (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to adopt: a Resolution
repealing Resolution No. R77‑1170 as amended by Resolutions R91-1626 and
R98-1903, which will dissolve the Okeeheelee Park Citizens Advisory Committee. SUMMARY: The Okeeheelee Park Citizens Advisory
Committee (Advisory Committee) was established in 1977 and charged with the
duty of providing input regarding planning and development of Okeeheelee Park
and Okeeheelee Park South, formerly known as Cholee Park, and to relay the
recommendations to the Board of County Commissioners. The Advisory Committee has not conducted
official business since July 2, 2003, and there are currently no active
members. In considering whether to
dissolve the Committee, the Board directed staff to meet with former Advisory
Committee members to address any outstanding issues and return with recommended
solutions. Staff has accomplished this
and initiated an Equestrian Facility Users Forum which began on November 7, 2007. Countywide (AH)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve: Agreement with New Beginning Community
Outreach, Inc. for the period December 4, 2007, through March 30, 2008, in an
amount not-to-exceed $1,000 for funding of the New Beginning Community
Festival. SUMMARY: This
funding is to help offset costs incurred by New Beginning Community Outreach,
Inc. for the New Beginning Community Festival held at Cox Park in South Bay on
September 28, 2007. The event was
attended by approximately 300 participants from the western communities. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to September 1, 2007. Funding is from the Recreation Assistance Program (RAP)
District 6 Funds. District 6 (AH)
3. Staff recommends
motion to approve: Agreement with The Children’s Coalition
Incorporated for the period December 4, 2007, through April 1, 2008, in an
amount not-to-exceed $5,000 for funding of the Believe and Achieve
program. SUMMARY: This funding is to help offset costs
for the Believe and Achieve program offered to at-risk youth by The Children’s
Coalition, Inc. The program serves
approximately 300 participants. The Agreement allows for the reimbursement of
eligible pre-Agreement expenses incurred subsequent to September 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 4 Funds. Countywide (AH)
4. Staff recommends
motion to receive and file: executed
Independent Contractor Agreement received during the month of October: Arleda
Brown, Fitness Instructor, West Jupiter Recreation Center.
(BROWNA1139061107523300A). SUMMARY: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. The attached Independent
Contractor Agreement has been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/ Assistant Director
of the Parks and Recreation Department in accordance with Resolution 94-422,
amended by Resolutions 02-2103 and 07-0409, and is now being submitted to the
Board to receive and file. District 1 (AH)
5. Staff recommends
motion to receive and file: First Amendment to Agreement (R2006-2121)
with The Friends of Sandoway House Nature Center, Inc. for the Shell Gallery
Room addition. SUMMARY: This
fully executed First Amendment to Agreement extends the project time frame from
November 22, 2005, through February 22, 2008, to November 22, 2005, through
August 22, 2008, in order to allow additional time to complete project
construction and to provide reimbursement documentation. The Amendment is in
accordance with Resolution R2005-1738 authorizing the delegation of authority
for amending RAP agreements to the County Administrator or his designee. All
other terms of the Agreement, including the funding amount of $10,000, remain
the same. Funding for the project is
from the Recreation Assistance Program (RAP) District 4 Funds. District 4 (AH)
6. Staff recommends
motion to approve: First Amendment to Interlocal
Agreement (R2003-1747) with the School Board of Palm Beach County for the
funding of Recreation Assistance Program (RAP) projects to extend the term of
the Agreement from October 20, 2007, to an automatic year-to-year renewal
unless either party desires to terminate the Agreement. SUMMARY: This First Amendment to Interlocal Agreement
extends the project time frame for the streamlining process for School Board
RAP allocations. Agreement R2003-1747
provided for a two year term to be automatically renewable for up to two
additional successive one year terms. The term was completed on October 20,
2007. This First Amendment to Interlocal
Agreement amends the renewal term to allow for annual automatic renewals from
year to year unless one party desires to discontinue the Agreement. All other terms of the Agreement remain the same. Countywide (AH)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
7. Staff recommends
motion to approve:
A) Agreement with Pineapple Grove Main Street,
Inc. for the period December 4, 2007, through December 3, 2010, in an amount
not-to-exceed $75,000 for funding of the Pineapple Grove Artscape project; and
B)
Budget Transfer of $75,000 within the $25M GO Parks and Cultural
Improvements Bond Fund - 2003 from Reserves to Pineapple Grove Main
Street/Artscape project.
SUMMARY: This Agreement provides funding
for the implementation of the Pineapple Grove Main Street Artscape project in
the City of Delray Beach. The Agreement allows for the reimbursement of
pre-Agreement expenses incurred subsequent to February 27, 2007. Funding is from the 2002 $50 Million
Recreational and Cultural Facilities Bond referendum, as amended - District 4. District
4 (PK)
8. Staff recommends
motion to approve: Agreement with Hold My Hand, Inc.
for the period December 4, 2007, through
December 30, 2007, in an amount not-to-exceed $2,000 for funding of a tennis
tournament. SUMMARY: This
funding is to help offset costs incurred by Hold My Hand, Inc. for a tennis
tournament held at Okeeheelee Park on June 9, through June 10, 2007. The event attracted 36 players and 250
spectators. The Agreement allows for reimbursement of eligible expenses
incurred subsequent to April 1, 2007.
Funding is from the Recreation Assistance Program (RAP) District 6
Funds. District 6 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: the Second Amendment to the Interlocal Agreement
with the City of Riviera Beach (R2005-2435), dated December 20, 2005 to extend
the agreement period and to increase the amount of the agreement by $100,000. SUMMARY:
In FY 2006, the Board of County Commissioners (BCC) approved an agreement
with the City of Riviera Beach to provide $100,000 to support the Weed and Seed
“seeding” efforts for the period October 1, 2005, through April 30, 2007. The Agreement has expired. The Criminal Justice Commission (CJC)
recommends the use of an additional $100,000 from the Criminal Justice Reserve
Fund for the continuation of “seeding” services and to establish a new
agreement period from October 1, 2007 to September 30, 2008. District 7 (DW)
2. Staff recommends
motion to approve: the First
Amendment to the Weed and Seed Interlocal Agreement with the City of West Palm
Beach (R2007-0706), dated May 1, 2007 to extend the Weed and Seed contract
period from September 30, 2007 to September 30, 2008 and to increase the amount
of the agreement by $100,000. SUMMARY: On May 1, 2007, the Board of County
Commissioners (BCC) approved an agreement with the City of West Palm Beach to
provide $50,000 to support the Weed and Seed “seeding” efforts for the period
April 1, 2007, through September 30, 2007.
The Criminal Justice Commission (CJC) recommends the use of an
additional $100,000 from the Criminal Justice Reserve Fund for the continuation
of “seeding” services and to extend the existing contract period to September
30, 2008. District 7 (DW)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the
Florida Department of Law Enforcement’s Florida Consortium “Paul Coverdell
National Forensic Sciences Improvement Act Grant” (for payment of overtime
expenses) to extend the ending grant period from September 30, 2007, to March
31, 2008. SUMMARY: The Board of County Commissioners (BCC) accepted
this Grant on April 18, 2006; the original period for this Grant was September
1, 2005, through August 31, 2006 (R2006-0715). On August 15, 2006, the BCC received and filed
an agenda item extending the grant period from August 31, 2006, through March
31, 2007(R2006-1507). On April 10, 2007,
the BCC received and filed an agenda item extending the grant period from March
31, 2007, through September 30, 2007(R2007-0575). This agenda item will extend the grant period
from September 30, 2007, through March 31, 2008. The National Institute of Justice (NIJ)
awarded funds to the Florida Department of Law Enforcement (FDLE) under the “Paul
Coverdell National Forensic Sciences Improvement Act”. This award is being used to pay
overtime to evidence personnel to improve the status of the impound lot,
perform a complete inventory of all evidence and input old cases into the
electronic evidence database Justice Trax-LIMS plus. The Palm Beach County
Sheriff’s Office has been given an extension to allow the grant funds to be
fully expended. There is no grant match
required, nor are any County funds required in FY 2008. Countywide (DW)
2. Staff recommends
motion to receive and file: Grant
Adjustment Notice amending the Florida Department of Law Enforcement’s Florida
Consortium “2006 Paul Coverdell National Forensic Sciences Improvement Grant”
(for payment of staff training) to extend the ending grant period from
September 30, 2007, to March 31, 2008. SUMMARY: The Board of County Commissioners (BCC) accepted
this Grant on March 13, 2007; the original period for this Grant was October 1,
2006, through September 30, 2007 (R2007-0411). This agenda item will extend the grant period
from September 30, 2007, through March 31, 2008. The National Institute of Justice (NIJ)
awarded these funds to the Florida Department of Law Enforcement (FDLE) for the
“Paul Coverdell National Forensic Sciences Improvement Grant”. The
Palm Beach County Sheriff’s Office (PBSO) was awarded funds to improve the
quality of forensic services. The funds
are being used to train 20 staff members in expert witness court testimony
techniques, and 20 managers and staff in documentation. The Palm Beach County Sheriff’s Office has
been given an extension to allow the grant funds to be fully expended. There is no grant match required, nor are any
County funds required in FY 2008. Countywide
(DW)
DECEMBER 4, 2007
3. CONSENT AGENDA APPROVAL
BB. SHERIFF (Cont’d)
3. Staff recommends
motion to receive and file: Grant
Adjustment Notice amending the National Institute of Justice “Solving Cold Cases with DNA Program” Grant
to extend the ending grant period from December 31, 2007, to March 31, 2008. SUMMARY: The Board of County Commissioners (BCC) accepted this Grant on December
20, 2005; the original period for this grant was October 1, 2005, through November
30, 2006 (R2005-2439). On December 5,
2006, the BCC received and filed an agenda item extending the grant period from
November 30, 2006, through May 31, 2007 (R2006-2673). On April 10, 2007, the BCC received and filed
an agenda item extending the grant period from May 31, 2007, through December
31, 2007 (R2007-0574). This agenda item
will extend the grant period from December 31, 2007, through March 31, 2008. The National Institute of Justice awarded
these funds for the “Solving Cold
Cases with DNA Program”. The objective of this grant is to combine the
efforts of the Palm Beach County Sheriff’s Office (PBSO) Special Investigations
Bureau, Crimes Against Children/Sexual Assault Unit and the Violent Crimes
Bureau with the experience of the Serology/DNA Section of the Crime Laboratory
to solve Cold Cases. The goal is to
screen all of the Cold Cases for potential biological evidence for the purpose
of conducting DNA analysis such that the laboratory CODIS administrator will
enter any qualifying DNA profile into CODIS.
At the time of the grant application, it was estimated that there were
approximately 250 Cold Cases from the Crimes Against Children/Sexual Assault
Unit and Violent Crimes Bureaus, of which 85 may meet the criteria set forth by
this grant. The PBSO has been given an
extension to allow the grant funds to be fully expended. There is no grant match required, nor are any
County funds required in FY 2008. Countywide
(DW)
CC. MEDICAL EXAMINER
1. Staff recommends motion to:
A) adopt a Resolution authorizing the County Administrator, or his designee, to enter into agreements with interim Associate Medical Examiners in order to assure the continuity of medical examiner coverage during physician staff shortages and/or disasters and rescinding Resolution No. 2001-0118; and
B) approve the standard Interim
Associate Medical Examiner Agreement at a rate of $1,200 per diem.
SUMMARY: On January 9, 2001, the Board of County Commissioners approved a Resolution (R2001-0118) to assure the continuity of Medical Examiner’s Office coverage during physician staff shortages. This revision of the “Interim Associate Medical Examiner Resolution” provides for the contractual employment of associate medical examiners and authorizes the County Administrator, or his designee, to sign the agreements on behalf of the Board of County Commissioners to provide Interim Associate Medical Examiners, as may be needed, during physician staff shortages and disasters. Countywide (DW)
* * * * * * * * * * * *
DECEMBER 4, 2007
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Certificates
of Congratulations to Animal Kindness Award Recipient – Clint Thomas and Animal
Kindness Award Junior Recipient – Marissa Thomas (Sponsored by Commissioner Marcus)
B. Proclamation
declaring February 2, 2008 as “Chinese American Day” in Palm Beach County. (Sponsored by Commissioner Greene)
C. Certificate
of Appreciation to Mr. William E. Pruitt for over 22 years of distinguished and
unselfish service to Palm Beach County as a Code Enforcement Board Member and a
Code Enforcement Special Master, October 1984 to April 2007. (Sponsored by Commissioner Marcus)
* * * * * * * * * * * *
DECEMBER 4, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff
requests Board direction: on draft FY ‘08 State Legislative Program. SUMMARY: Staff requests the Board’s
review of the draft FY ‘08 State Legislative Program, which includes issues
that have been submitted by Board members and County staff, and identification
of legislative and appropriation priorities.
The Legislative Program outlines the issues that the County’s
Legislative Affairs Department in conjunction with the County’s lobbying team
will be working on for the Board in the upcoming Legislative Session. Countywide (DSW)
2. Staff requests Board direction: regarding a recommendation by the Justice Information Systems (JIS) Policy Board for: 1) the County to enter into an Agreement with the National Center for State Courts (NCSC) for consultant services to evaluate the performance of and make recommendations regarding the future of the Criminal Justice Information System (CJIS); and 2) for the funding of the study in the amount of $93,892 to be split equally from three (3) sources: general tax funds, Clerk funds, and the $2 Court Technology Fee. Summary: The new Criminal Justice Information Systems (CJIS) Criminal and Traffic System has been operational for a year. This module was the final component of a comprehensive court case management system following the implementation of the Civil and Juvenile Court Systems in 2003. The Banner Courts software was selected by the Clerk's Office years ago in cooperation with the Judiciary and ISS. It was put through an extensive test and acceptance process by the Clerk prior to being placed in operation. Dissatisfaction has been voiced about the system by users since "go-live." Some of the problems are related to known shortcomings in converted historical data from the mainframe. Certain technical enhancements, which are intended to improve system performance, have not been implemented. Against this backdrop, the JIS Policy Board, through its JIS Technical Committee, obtained proposals for a consultant to evaluate the existing CJIS System. Two (2) proposals were received, with the recommendation from the Technical Committee being for the least cost vendor. During discussion of the consultant at the November 8 JIS Policy Board Meeting, County staff indicated that the proposed consultant study was at best premature, and if it was to be done at all, should await completion of the technical improvements. By a 7-1 vote with the County Administrator voting “no,” the JIS Policy Board voted to recommend to the BCC that the consultant study be done now, and that funding be split equally from general tax funds, Clerk funds, and the $2 Court Technology Fee. Regarding the issue of funding for the study, if the BCC does not support the JIS Policy Board recommendation, it is possible that the Clerk may choose to pay for the study from funds under her control. Also, the Chief Judge strongly expresses that the $2 fee should be controlled by her Office, not the County, and legal action could be initiated to claim such rights. While the Board may wish to consider the use of residual funds in the $2 Court Related Information Technology Capital Improvement Fund to pay for two-thirds of the study cost ($62,595), the JIS Policy Board did not endorse this option. Countywide (PFK)
3. Staff recommends motion to receive and
file: the Compliance Report on the Fire Rescue Level
of Service Standard from the Level of Service Committee. SUMMARY: The County and all the cities agreed on a
three (3) year voluntary implementation process for all providers to comply
with the Level of Service Standard by October 1, 2007. Of the thirty-nine (39) agencies, all but
three (3) agencies have been determined to be in compliance by the deadline
date. Countywide (SB)
DECEMBER 4, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
4. Staff recommends
motion to approve: Tri-Party Agreement with the Palm Beach County
Supervisor of Elections (“Supervisor of Elections”) and Sequoia Voting Systems,
Inc., (“Sequoia”) for the purchase of optical scan voting equipment in the
amount of $5,521,000. SUMMARY: Upon recommendation of the Supervisor of
Elections, the BCC, at its October 16, 2007 meeting, adopted Resolution
R2007-1861 designating Sequoia as the only source certified by the State of
Florida from which “suitable” voting equipment may be obtained. This
recommendation was based upon Sequoia optical scanners being the only ones
compatible with the County’s current voting system, which was manufactured by
and procured from Sequoia. Through the
negotiation process, a Tri-Party Agreement was reached with the Supervisor of
Elections and Sequoia for the purchase of 910 Optech Insight Plus Tabulators at
a cost of $5,521,000. Sequoia also
agreed to provide an additional 91 optical scanners to the County at no cost in
return for the County’s attempt to pay for the 910 Optech Insight Plus
tabulators within 15 business day of delivery.
Further, Sequoia agreed to a trade-in option that will provide the
County with a credit of 50% of the purchase price for items traded before
December 5, 2009, and a credit of 33% of the purchase price for items traded
between December 5, 2009 and December 5, 2010. Countywide (GB)
5. Staff requests Board direction: regarding the Agreement for Purchase and Sale
with WMJB Marine, Inc. (R2006-0425; dated February 28, 2006) for the purchase
of a Working Waterfront Preservation Easement and Declaration of Restrictive
Covenants for $14.0 million over 8.2 acres of the property known as Palm Beach
Yacht Center (PBYC). Options include
negotiating the extension of the Agreement to burden the balance of the
property (1.5 acres) at no additional cost or directing the County Attorney's
Office to take whatever actions necessary to void the Agreement. Summary: The Agreement was in conformance with one of
the goals of the Waterfront Preservation Bond Issue approved by the voters in
2004, which was to preserve working waterfront. It provides a restrictive
easement to prevent development. This
facility was viewed as particularly critical as the southerly most marine
services yard in the County (just south of Hypoluxo). The County appraised the Agreement rights at
$9.3 million. PBYC continues to argue
that this valuation was too low and that the $14.0 million amount was more
valid. The transaction has been
completed. The Federal charges against
ex-Commissioner Newell include that he had inappropriate business relationships
with the ownership of PBYC that he did not publicly declare. Ex-Commissioner Newell was a strong advocate
for the Agreement and it is possible that it would not have been approved, or
that the price might have been lower, if the County had been aware of his
relationships. Staff has sought to
negotiate a reduction in the price, but this has not been accepted by PBYC due
to their opinion of valuation. PBYC
represents that if the County seeks to void the Agreement, and if we are
successful, that this will force the closing of the facility and hasten its
residential development to pay back the County.
PBYC blames capital improvement needs, property taxes, insurance and
fuel prices. As an alternative, PBYC is
offering to encumber, at no additional cost, the balance of the property (1.5
acres) for which a development plan for approximately 40 townhomes has been
contemplated. This would add substantial
value to the original Agreement and provide further assurance of marine service
preservation. Should the Board desire to void the Agreement, the County
Attorney's Office should be directed to pursue any available legal
remedies. District 4 (HF)
DECEMBER 4, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
6. Staff recommends motion to conceptually approve: a ten (10) year financing for up to $3 million to complete funding for neighborhood infrastructure assessment projects. Summary: To help balance the budget, new funds for neighborhood infrastructure assessment projects were cut. After further review, it was determined that if all pending projects went forward ($13 million cost), which they may not, we would be approximately $3 million short. Due to neighborhood expectations for these improvements, it is recommended that the County finance the funds required for the assessments. With the exception of half the cost of paving and drainage, which historically has been paid by the County, all funds will be recovered over the life of the assessment. For CCRT (Community Revitalization) areas, some projects have been proposed with a larger County share of payment. These are not expected to proceed due to funding limitations. No further assessment petitions have been accepted over the past year and none will be without Board direction. If and when assessment projects are re-instituted, staff intends to recommend that the property owners pay the entire cost without subsidy by general County tax funds. Countywide (MRE)
TIME CERTAIN 11:30 A.M.
7. South Florida Water
Management District Presentation - Comprehensive Planning Overview
TIME CERTAIN 2:30 P.M.
8. Staff requests
Board direction: as to the handling of additional stakeholder
suggestions on what should be done to evaluate the impacts of mining within the
Everglades Agriculture Area (EAA). SUMMARY: On September 11, 2007, the Board of County
Commissioners (BCC) accepted the study entitled “Permitting Process Regarding
Mining Impacts within the EAA” and approved having staff implement the
improvements listed in the Conclusions section of the study. Implementation of those improvements would
provide for improved regulation and intergovernmental coordination during the
review process dealing with mining in the EAA.
After the September 11, 2007 presentation of the results, there was
concern expressed by some stakeholders that the permitting process was
inadequate to address some of the issues dealing with the impacts within the
EAA as a result of mining activities.
Based on those comments, the BCC directed staff to seek additional
input. Input from the stakeholders
contained some suggestions that may be able to be accomplished through the
current permitting review process. Other
suggestions are beyond the scope of the current permitting review process and
would require substantial study effort. Those additional comments that were
received are presented today. Countywide/District
6 (MJ)
DECEMBER 4, 2007
5. REGULAR
AGENDA
B. COUNTY ATTORNEY
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, amending
Resolution No. R88-1375, as amended by Resolution Nos. R93-871, R94-1452,
R95-178, R95-704, R96-198, R97-604, R99-341, R2000-1218, R2001-0421,
R2002-1463, R2003-0232, R2003-1982, R2004-1619, R2005-1273, R2006-0506,
R2006-1176, and R2007-0420, which set forth the County Investment Policy,
further amending the Investment Policy provisions to add to the list of “eligible
securities” certain specified securities issued by the State of Israel
in a limited amount, permitting the Development Corporation for Israel to act
as a broker/dealer for such securities only; and providing for an effective
date. SUMMARY:
This amending Resolution will allow a limited amount of specified
securities issued by the State of Israel to be held in the County’s investment
portfolio. The Investment Policy
Committee recommends this change, which will not affect the County’s investment
strategy. Amending the Investment Policy
provisions will allow investment in bonds, notes, or instruments backed by the
full faith and credit of the State of Israel, rated “A” or higher by Standard
& Poor’s and Moody’s ratings services with a maturity of two (2) years or
less. No more than 1% (at market value)
of the total portfolio at the time of purchase may be invested in these
securities. The Development Corporation
for Israel may act as an authorized broker/dealer for securities backed by the
State of Israel only. Countywide (PFK)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 18, 2007, at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Palm Beach County Code,
Sections 2-231 through 2-234, codifying Palm Beach County Ordinance No. 89-6,
as amended by Ordinance 91-50, pertaining to Westgate/Belvedere Homes Community
Redevelopment Area; providing for financial disclosure; and providing for an
effective date. SUMMARY: This Ordinance will require Commissioners of
the Westgate/Belvedere Homes to continue filing financial disclosure. Countywide (TKF)
DECEMBER 4, 2007
5. REGULAR
AGENDA
C. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff requests
Board direction: amending the Lease Agreement (R2002-1978) with
the South Florida Science Museum, Inc. located adjacent to Lake Lytal Park. Summary: On November 12, 2002, the Board approved a
Lease Agreement with the South Florida Science Museum for the lease of
approximately 11 acres of undeveloped property on the west side of Lake Lytal
Park for the construction of a new science museum. The Agreement has been amended four (4)
times. In March 2005, Amendment No. 1
modified the final fund raising milestone to December 21, 2007. In January 2006, Amendment No. 3 modified the
interim fund raising milestones. In January
2007, Amendment No. 4: (1) modified the
interim fund raising milestones for 2006 and 2007; (2) extended the final fund
raising milestone to December 31, 2009; (3) increased the final fund raising
total to $54,800,000; and (4) changed the date construction is required to
commence from November 2007 to April 2008.
Changing the construction start date also required a change to the
default provision of the Lease.
Concurrent with the approval of Amendment No. 4, the Board indicated
that it would not favorably consider future amendments to the final fund
raising milestones, nor delays in commencement of construction. On October 1, 2007, staff received a request
to: (1) change the construction commencement date to November 12, 2009; (2)
extend the interim fund raising milestone for 2007 until June 1, 2008; and (3)
permit the modification of the remaining fund raising milestones via a future
subsequent amendment. Because of the
Board’s previous direction on future amendments and the fact that no new fund
raising plan has been presented to support the extension, staff is seeking
direction. The letter from the Science
Museum states that the request is being made because the dimensions of the
building design are being reassessed due to the Science Museum’s new focus on
content and alternate program delivery approaches including providing some
programs virtually. The request also
states that the reassessment is expected to be completed within the next six
(6) months. However, it has previously
been discussed with staff and reported in the newspaper that the Museum is
considering alternative locations for the Museum. To date the Museum has raised
$20,200,000, including the $9 million Dekelboum Foundation pledge and $4
million County 2002 Parks Bond Issue funds which is slightly less than the fund
raising total reported with Amendment No. 4.
(FDO Admin) Countywide/
District 2 (HJF)
DECEMBER 4, 2007
5. REGULAR
AGENDA
D. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to approve:
A) the First Amendment to the Agreement for Purchase and Sale (R2007-1589) with Indiantown-Jupiter Venture, a Florida general partnership, and Walter J. Hatcher & Joyce B. Hatcher and assigns (Seller), allowing for assignment by Palm Beach County (the County) to other governmental or quasi-governmental agencies and an escrow agreement between Walter J. Hatcher and Joyce B. Hatcher and assigns and the County as described below; and
B) the execution of the Hatcher Escrow Agreement between Walter J. Hatcher and Joyce B. Hatcher and assigns and the County withholding a portion of the Seller’s closing proceeds to ensure the proper removal and disposal of debris and solid waste on the 230.54 acre Indiantown Jupiter Venture and Walter J. and Joyce B. Hatcher property acquisition (the Property) approved by the Board on September 11, 2007 (R2007-1589); and
C) an Interlocal Agreement between the County and the Solid Waste Authority (SWA) to acquire, design, permit, and construct a water resource and environmental restoration project (the Project) within the Property.
SUMMARY: The First Amendment
will allow for assignment by the County to other governmental or
quasi-governmental agencies which will allow such agencies to form partnerships
with the County to fund and complete the Project. The First Amendment will also allow for the
Hatcher Escrow Agreement which will withhold a portion of the Seller’s closing
proceeds to ensure the proper removal and disposal of debris and solid waste
that has been identified on the Property.
The Interlocal Agreement sets forth framework for a partnership between
the County and the SWA to enhance the Property through hydrologic and vegetative
restoration of the existing natural communities, expansion of the onsite lake
to increase water storage and flood protection for Jupiter Farms while
improving downstream water quality, and restoration and rehydration of the
historic headwaters of the Wild and Scenic Loxahatchee River. The Interlocal Agreement also assigns a 28%
undivided interest, to the SWA, in the contract for purchase. The SWA will be responsible for contributing
the $5.5 million at closing on the Property and will harvest up to 2.2 million
cubic yards of fill from the expanded “Proposed Water Resources” area of the
Project. After construction, the County
will provide long term management of the Project. The Interlocal Agreement will terminate once
construction of the Project is completed and the SWA will then convey their
interest in the Property back to the County.
District 1 (JMB)
E. METROPOLITAN PLANNING ORGANIZATION
1. Staff requests
Board direction: to continue
the Lake Region Commuter Route (LRCR) Service for one (1) additional year at a
cost of $70,000, which would be contingent upon receipt of $66,343.20 from Hendry
County and a $70,000 grant award from Florida Department of Transportation
(FDOT). SUMMARY: In 2000, the Workforce Development Board
(now the Workforce Alliance, Inc.) for Palm Beach County identified
transportation as a barrier to jobs and education in the Lake Region of Palm
Beach County and Hendry County. With the
assistance of FDOT, a study was completed and funds were sought for a first
rural regional commuter route between Belle Glade and Clewiston. FDOT provided demonstration funds which will
be depleted this year. Commuter service
was initiated October 2002, under a contract by Palm Tran with a private
operator. Service is provided 16 ½ hours
a day, 7 days a week, bi-hourly (6:30 a.m. to 10:30 p.m.). Ridership has increased yearly. Trips are expected to exceed 20,000 in CY
2007. Hendry County has committed
$66,343.20 and FDOT has committed $70,000.
The $70,000 requested from Palm Beach County represents a total of $206,343.20
for this project. District 6 (DR)
DECEMBER 4, 2007
5. REGULAR
AGENDA
F. ENGINEERING & PUBLIC WORKS
1. Staff
recommends motion to approve: Second
Amendment to the Interlocal Agreement with the City of West Palm Beach
(R94-1859D; dated December 20, 1994), extending the date when mitigation fees
would be remitted to the County from 2010 to 2025, and extending the date that
the Agreement shall be in effect from 20 years to 31 years. SUMMARY: In 1994, the City of West Palm Beach and the
County entered into an Agreement regarding the alignment, mitigation and
construction of Roebuck Road. The First
Amendment to the Agreement amended the alignment of Roebuck Road. The Second Amendment extends the date of the
entire Agreement and allows the County until 2025 to collect the mitigation
fees previously collected by the City of West Palm Beach. District 2 (MRE)
* * * * * * * * * * * *
DECEMBER 4, 2007
6. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Palm
Beach County Citizens Advisory Committee on Health & Human Services)
1. Staff recommends
motion to approve: appointment
of the following individual to the Palm Beach County Citizens Advisory
Committee on Health and Human Services for the terms indicated;
Appointment Category/Seat No. Term Nominated by:
Nate Nichols Health
Services/Seat 2 12/04/07-9/30/10 Comm. Koons
SUMMARY: This
appointment fills an open seat resulting from the resignation of Dr. Catherine
Ford. The Citizens Advisory Committee on
Health and Human Services consists of eleven (11) members with at least one (1)
member being a resident west of the 20 Mile Bend and at least one (1) member being
a representative of the Palm Beach County League of Cities. Founding members were appointed for 1, 2 and 3
year terms with subsequent terms for three (3) years. Resolution R2001-0913 requires the Executive
Committee of the Citizens Advisory Committee to solicit and recommend member
nominations for transmittal to the Board of County Commissioners. The Executive Committee has recommended this
appointment. The Board of County
Commissioners was notified by memo dated October 5, 2007 and requested to provide
nominations for appointment. Countywide
(TKF)
B.
ADMINISTRATION
(Workforce Alliance, Inc.)
1. Staff recommends
motion to approve: reappointment
of five (5) board members to the Workforce Alliance, Inc. (Alliance) Board of
Directors for the period February 1, 2008, through January 31, 2011 as follows:
|
Nominee/ Reappointment |
Seat No. |
Term |
Area of Representation |
Position/Employer |
Nominated By |
|
George T. Elmore |
18 |
2/1/08 To 1/31/11 |
BU |
President Hardrives, Inc. |
Economic Council |
|
Randy
K. Johnson, Sr. |
20 |
2/1/08 To 1/31/11 |
BU |
CEO Communications by
Johnson, Inc. |
Greater Delray Beach
Chamber of Commerce |
|
Kenneth
Kirby |
27 |
2/1/08 To 1/31/11 |
BU |
President TransDermal Technologies,
Inc. |
Business Development
Board |
|
Troy
McLellan |
23 |
2/1/08 To 1/31/11 |
ED |
President & CEO Greater Boca Raton
Chamber of Commerce |
Greater Boca Raton
Chamber of Commerce |
|
Leo
E. Noble |
26 |
2/1/08 To 1/31/11 |
BU |
Economic Council of Palm
Beach County |
Economic Council of Palm
Beach County |
SUMMARY: The membership of Workforce Alliance, Inc.
(Alliance) conforms to the requirements of the Workforce Investment Act (WIA)
of 1998, and the Workforce Innovation Act of 2000. The Workforce Investment Act of 1998 requests
that an emphasis be placed on CEO’s or highest level of management positions
for both community and business sector appointments. The Alliance Board of Directors is
compromised of a minimum of thirty-five (35) members as determined from time to time by
the Board of Directors with representatives of business in the local
area who are owners of businesses, local educational entities, labor
organizations, community-based organizations, economic development agencies,
one-stop partners and may include such other individuals or representatives of
entities as the Chief Elected Official may determine to be appropriate. Countywide (TKF)
DECEMBER 4, 2007
6. BOARD
APPOINTMENTS
B. ADMINISTRATION (Cont’d)
(Treasure
Coast Regional Planning Council)
2. Staff recommends
motion to:
A)
reappoint the
following members to the Treasure Coast Regional Planning Council for a term
beginning on December 4, 2007 through December 3, 2008:
Regular appointments:
Nominees Seat
No. Requirement
Commissioner Karen Marcus
1 Palm
Beach County Official
Commissioner
Jeff Koons 2 Palm
Beach County Official
Commissioner
Addie L. Greene 3 Palm
Beach County Official
Alternate
appointments:
Commissioner Mary McCarty
1A Palm
Beach County Official
Commissioner
Robert J. Kanjian 2A Palm
Beach County Official
Commissioner
Jess R. Santamaria 3A Palm Beach County
Official; and
B) ratify the following members from the Palm County
League of Cities to the Treasure Coast Regional Planning Council:
Regular appointments:
Nominees Seat No. Requirement
Mayor
Pro Tem Joni Brinkman 4 Palm
Beach County Official
Mayor
Samuel J. Ferreri 5 Palm
Beach County Official
Mayor
Karen J. Golonka 6 Palm
Beach County Official
Councilmember
Dr. Carmine Priore 7 Palm Beach County
Official
Mayor
Maurice J. Jacobson 8 Palm
Beach County Official
Alternate appointments:
Councilman
Fred Pinto 4A Palm
Beach County Official
Vice
Mayor Retha Lowe 5A Palm
Beach County Official
Vice
Mayor John M. Workman 6A Palm
Beach County Official
Vacant 7A Palm
Beach County Official
Councilmember
Robert Gottlieb 8A Palm
Beach County Official
SUMMARY: In
accordance with the Treasure Coast Regional Planning Council (TCRPC) Rules of
Order, the Board of County Commissioners (BCC) is requested to appoint their
members and alternates for the coming year before the Council’s Annual meeting
on December 14, 2007. Currently, the
County’s regular members are Commissioners Marcus, Koons and Greene, and the
alternates are Commissioners McCarty, Kanjian and Santamaria. The BCC was also asked to ratify the Palm
Beach County League of Cities members that were appointed at the League’s
annual meeting on November 28, 2007. Countywide (RPB)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 4, 2007
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 4, 2007
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 4, 2007
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
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."
December 4, 2007 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
DECEMBER 4, 2007
PAGE ITEM
NOTE: The Board of County Commissioners will sit as
the Solid Waste Authority at 9:30a.m. prior to the regular BCC meeting to
approve an Interlocal Agreement regarding the Hatcher Property.
7 3A-3 DELETED: Staff recommends motion to approve:
A) expenditure in the amount of $36,000 in the
Capital Outlay Fund Neighborhood Street Lighting Program to assist in the
installation and 20 years maintenance of six (6) "cobra head" street
lights within the Lake Worth West Countywide Community Revitalization Team (CCRT)
area; …(Further staff review) (Community
Revitalization)
7 3A-4 DELETED: Staff
recommends motion to approve: the revised program guidelines for the
Neighborhood Street Lighting Program (NSLP). (Further staff review) (Community Revitalization)
10 3C-10 REVISED SUMMARY: This Amendment
will allow additional time for construction and reimbursement of funds with
regard to the previously approved Advance/Reimbursement
Agreement. The current Advance/Reimbursement
Agreement allows FDOT to reimburse the County for the costs of design,
construction, and construction administration associated with the ITS
Operations Facility in the newly constructed County building located at the
Vista Center. FDOT shall reimburse
the County for costs up to $6,709,318.
(Engineering)
22 3CC-1 DELETED: Staff recommends motion to:
A) adopt a Resolution authorizing the County
Administrator, or his designee, to enter into agreements with interim Associate
Medical Examiners in order to assure the continuity of medical examiner
coverage during physician staff shortages and/or disasters and rescinding
Resolution No. 2001-0118; and… (Further staff review) (Medical
Examiner)
24 5A-2 REVISED SUMMARY: The
new Criminal Justice Information Systems (CJIS) Criminal and Traffic System has
been operational for a year…. Also, the
Chief Judge expressed that the $2 fee should not be controlled by the
County, and legal action could be initiated. strongly expresses that the
$2 fee should be controlled by her Office, not the County, and legal action
could be initiated to claim such rights.
While the Board may wish to consider the use of residual funds in the $2
Court Related Information Technology Capital Improvement Fund to pay for
two-thirds of the study cost ($62,595), the JIS Policy Board did not endorse
this option. (Change requested by Chief
Judge) (Admin)
24 5A-3 DELETED: Staff
recommends motion to receive and file: the Compliance Report on the Fire Rescue Level
of Service Standard from the Level of Service Committee. (Moved to December 18,
2007) (Admin)
25 5A-5 DELETED: Staff
requests Board direction: regarding the Agreement for Purchase and Sale
with WMJB Marine, Inc. (R2006-0425; dated February 28, 2006) for the purchase
of a Working Waterfront Preservation Easement and Declaration of Restrictive
Covenants for $14.0 million over 8.2 acres of the property known as Palm Beach
Yacht Center (PBYC). Options include
negotiating the extension of the Agreement to burden the balance of the
property (1.5 acres) at no additional cost or directing the County Attorney's
Office to take whatever actions necessary to void the Agreement. (Moved
to December 18, 2007) (Admin)
30 5F-1 DELETED: Staff recommends motion to approve: Second Amendment to the Interlocal
Agreement with the City of West Palm Beach (R94-1859D; dated December 20, 1994),
extending the date when mitigation fees would be remitted to the County from
2010 to 2025, and extending the date that the Agreement shall be in effect from
20 years to 31 years. (Further staff
review) (Engineering)
30 5G-1 ADD-ON: Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 18, 2007, at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II,
Division 3, of the Palm Beach County Code; amending the boundaries of the Fire
Rescue MSTU (Municipal Service Taxing Unit) to include the City of Lake Worth;
providing for effectiveness; providing for opt-out procedures; providing for
opt-out procedures for tax year 2008; providing for opt-out notice between
April 30, 2008, and June 30, 2008; providing for repeal of laws in conflict;
providing for severability; providing for inclusion in the Code of Laws and
Ordinances; providing for captions. SUMMARY: The Fire Rescue MSTU (MSTU)
encompasses the unincorporated areas of Palm Beach County plus the incorporated
areas within the municipal boundaries of municipalities that have opted to join
the MSTU. The County currently provides
dispatch services to the City of Lake Worth (City) through an Emergency
Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services
(R2005-1563). The City now desires to
abolish its fire-rescue department and opt into the MSTU as a method to receive
and pay for fire-rescue services from the County. The
Department is currently in negotiations with the City to enter into a service
agreement. However, if no action is
taken by the City and the BCC prior to December 31, 2007 to include the City in
the MSTU they could not be included in the MSTU until October 2009. The proposed ordinance amends the existing
boundaries of the Fire Rescue MSTU to include properties within the municipal
boundaries of the City. If the County
decides not to move forward with the provision of fire rescue services to the
City, the Board has the option to repeal this ordinance prior to April 30,
2008. Countywide (SB)
32 6B-2 REVISED
TITLE: Staff recommends motion to:
B)
ratify the following
members from the Palm County League of Cities to the Treasure Coast Regional
Planning Council:
Alternate appointments:
Councilman
Fred Pinto 4A Palm
Beach County Official
Vice
Mayor Retha Lowe 5A Palm
Beach County Official
Vice
Mayor John M. Workman 6A Palm
Beach County Official
Mayor
David Lodwick Vacant
7A Palm
Beach County Official
Councilmember
Robert Gottlieb 8A Palm
Beach County Official
35 9G ADD-ON: Proclamation
declaring December 1, 2007 as “World AIDS Day” in Palm Beach County.
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 (*).