ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 6, 2008
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 36)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 37)
5. PUBLIC
HEARING – 9:30 A.M. (Page 38)
6. REGULAR
AGENDA (Pages 39 - 41)
7. BOARD
APPOINTMENTS (Pages 42 - 45)
8 MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 46)
9 STAFF
COMMENTS (Page 47)
10. COMMISSIONER
COMMENTS (Page 48)
11. ADJOURNMENT (Page 48)
* * * * * * * * * * *
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions
from various municipalities relating to Western landfill and County Impact Fees
3A-2 Amendment
No. 1 with Bryan Boysaw & Associates regarding economic development funds
3A-3 Modification to award with U.S. Equal
Employment Opportunity Commission for processing and resolving employment
discrimination complaints
Page 8
3A-4 Agreement
with Regina J. Blair to facilitate
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
List
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Release
of Posted and Viewed Road Rights relative to Pine Glades Natural Area
Page 9
3C-2 Supplemental Agreement No. 5 with Metric
Engineering for professional services relative to Northlake Blvd.
3C-3 Agreement
with FDOT regarding widening/reconstruction of Hypoluxo Road
3C-4 Amendment
No. 2 w/FDOT for Blue Heron Blvd/Congress Ave intersection improvements
3C-5 Reimbursement Agreement with Addison Reserve
Master Property Owners Association regarding removal of brick pavers and
asphalt resurfacing
3C-6 Deleted
3C-7 Deleted
Page 10
3C-8 Resolution approving recordation and filing
of a Specific Purpose Survey Maintenance Map with Clerk regarding 60th
Street North
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 10
3E-1 Twelve
(12) contracts with various provider agencies for Ryan White funds/services
Page 11
3E-2 Use
of Facility Agreement with Village of Royal Palm Beach for congregate meal site
manager
3E-3 Home & Community Based Waiver Case
Management Referral Agreement with FL Dept. of Children & Families
3E-4 Aging
Resource Center Referral Agreement with Area Agency on Aging
Page 12
3E-5 Repayment to the Florida Department of
Children & Families relative to Homeless Housing Assistance Grant
3E-6 Two
(2) amendments to Ryan White support services contracts
F. AIRPORTS
Page 13
3F-1 Budget
Transfer/Amendments regarding Administration & Communications Facility
Page 14
3F-2 Agreement for Purchase and Sale of Specialty
Restaurants Corporation’s and the 94th Aero Squadron of West Palm
Beach, Inc.’s leasehold interest in the 391st Bomb Group restaurant
3F-3 Declaration
of Easement for water/sewer facilities to serve Galaxy Aviation 2 new hangars
Page 15
3F-4 Change
Order No. 2 with Brang Construction, Inc. relative to Terminal skylight
replacement
3F-5 Change Order No. 20 with David Brooks
Enterprises relative to Administration & Communications facility
Page 16
3F-6 Receive
& file ten (10) standard agreements for Dept. of Airports
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Budget
Amendments/Transfer regarding revenue bonds for Scripps facilities
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Amendment
No. 3 with S& F Construction for annual pavilions, shelters & sheds
contract
Page 18
3H-2 JOC
Work Order No. 08-081 with Holt Contractors for Pahokee AC&C modular
building
3H-3 First
Amendment with Town of Palm Beach relative to County’s 800MHz radio system
3H-4 Agreement
with City of Fort Lauderdale relative to County’s 800MHz radio system
Page 19
3H-5 Deposit Receipt and Contract for Sale and
Purchase with National Land Company, Inc. for 4.85 acres of vacant land
adjacent to Lake Ida Park
3H-6 Consent to Change of Ownership of Procell
Watersports, Inc. to Annette Arriaga Roque and Roger Roque relative to
Okeeheelee Park recreational rental concession
Page 20
3H-7 First Amendment to Pedestrian Walkway
Easement Agreement with Courthouse Commons
3H-8 Declaration of Cross Access Easement for
Royal Palm Beach Library and Mid-Western Community Center
3H-9 Donation Agreement with Pahokee Housing
Authority and PBSO for portable Magnum Light Towers
Page 21
3H-10 First Amendment to Lease Agreement with Closter
Farms, Inc. for 7.3 +/- acres in Pahokee
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Agreement
with Comprehensive Community Care Network for emergency generator
3I-2 Third
Amendment to State Housing Initiative Partnership Local Housing Assistance Plan
J. PLANNING, ZONING & BUILDING
Page 22
3J-1 Voluntary
annexation of a County-owned parcel into City of West Palm Beach
K. WATER UTILITIES
Page 22
3K-1 Contract
with AKA Services, Inc. for potable water, reclaimed water and wastewater
services
Page 23
3K-2 Interlocal
Agreement with City of Lake Worth for purchase/sale of bulk potable water
3K-3 Budget
Amendments/Transfer regarding Water & Sewer Revenue Refunding Bonds
Page 24
3K-4 Unilateral
Termination/Partial Release of Standard Potable Water/Wastewater agreement
3K-5 Receive
and file seven (7) standard development agreements and one (1) renewal
agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Contract
with InWater Research Group, Inc. to evaluate sea turtles on nearshore reefs
3L-2 Amendment
No. 2 with FDEP regarding Chain of Lakes system
M. PARKS & RECREATION
Page 26
3M-1 Agreement
with ACCESSPORTAMERICA for outrigger canoeing/windsurfacing programs
3M-2 Agreement
with EPOCH for Kids Cultural Club programs
3M-3 Agreement
with Palm Beach Shakespeare Festival, Inc. for “A Comedy of Errors” performance
3M-4 Agreement
with The Lake Worth Playhouse for 2008 children’s programming
3M-5 Agreement
with City of Delray Beach for 2008 Delray Beach Sister Cities Safari Dinner
event
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 27
3M-6 Agreement
with Palms West Chamber of Commerce for SalsaFest event
3M-7 Agreement
w/Ann Norton Sculpture Gardens for studio restoration and archives preservation
3M-8 Agreement
with West Boca Youth Baseball for uniform expenses
3M-9 Agreement
with Adolph and Rose Levis Jewish Center for Camp Kavod 2008
3M-10 First Amendment with PBC XXtreme Heat, Inc. for Girls U14 basketball
team expenses
Page 28
3M-11 First Amendment with City of Belle Glade for Airport Park
improvements
3M-12 Receive and file three (3) independent contractor agreements for
Parks & Recreation
Page 29
3M-13 Waterways Assistance Grant Application with FIND for DuBois
Marina/Shoreline project
3M-14 Addendum 1 to Grant Contract with Florida
Communities Trust regarding acquisition of 1.10 acre waterfront Susan DuBois
Kindt Estate
Page 30
3M-15 Budget Transfers regarding improvements to Morikami Museum
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 30
3Q-1 Amendment with Florida State University
regarding second year evaluation of the Youth Violence Prevention project
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 31
3S-1 Grant
Application to U.S. Dept. of Homeland Security 2008 Assistance to Firefighters
program
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 31
3U-1 Amendment
No. 1 with CGI-AMS regarding Advantage System
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 32
3X-1 Receive
and file four (4) standard veterinary agreements for Public Safety Department
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 32
3AA-1 Resolution authorizing Palm Tran to file
Transportation Disadvantaged Trip & Equipment Grant Application with
Florida Commission for the Transportation Disadvantaged
BB. INTERNAL AUDITOR
Page 32
3BB-1 Amendment No. 4 with Joseph Bergeron, Internal Auditor
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page 33
3CC-1 Accept Police Athletic League donations for PBSO
community events
3CC-2 Accept donation from Manucy and Associates, Inc. for PBSO
equipment
3CC-3 Accept citizens’ donations through Safety Council for
Child Seat Distribution Program
Page 34
3CC-4 Accept State Homeland Security Grant for equipment and
supplies
3CC-5 Accept State Homeland Security Grant for PBSO SWAT and
EOD Sustainment project
Page 35
3CC-6 Accept State Homeland Security Grant for PBSO SWAT and
EOD Build-out
3CC-7 Grant Adjustment Notice for Edward
Byrne Memorial Discretionary Grant for Multi-Agency Violent Crimes Strategy
3CC-8 Grant Adjustment Notice for FDLE Grant for PBSO Bomb
& SWAT Build-out
DD. SUPERVISOR OF ELECTIONS
Page 36
3DD-1 Redistricting of the PBC Republican Executive Committee
Districts
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 37
4A Women’s Lung Health Week
4B Clean Air Month
4C Certificate of Appreciation to Robert
Higgins
4D Workforce Development Professionals Month
4E Drug Court Month
4F PBC Disaster Preparedness Conference for
Persons with Disabilities recognition
4G Building Safety Week
4H World Lupus Day
4I Nurses Week
4J National Goodwill Week
4K St. Mary’s Medical Center Day
4L Certificates of Appreciation to the Safe
Harbor Animal Hospital Fire First Responders
4M Lord’s Place Award to PBC Homeless
Outreach Team
PUBLIC HEARING – 9:30 A.M.
Page 38
5A Resolution regarding County seat
expansion
REGULAR AGENDA
ADMINISTRATION
Page 39
6A-1 Ordinance
revoking tax exemption granted to Florida Turbine Technologies, Inc.
CLERK & COMPTROLLER
Page 39
6B-1 Presentation of the Comprehensive Annual
Financial Report for FY ending 09/30/07
COUNTY ATTORNEY
Page 39
6C-1 Small
Business Enterprise Program Ordinance
Page 40
6C-2 Increase in funds for expert litigation
services regarding lawsuit with Mizner Trail Golf Club, Ltd.
MAY 6, 2008
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 40
6D-1 Pine
Glades Natural Area Management Plan
FACILITIES
DEVELOPMENT & OPERATIONS
Page 41
6E-1 Donation of 2.5 acres of Haverhill Linear
Park property to Boys & Girls Clubs of Palm Beach County
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 41
6F-1 Unified
Land Development Ordinance (Countywide Impact Fees)
BOARD
APPOINTMENTS (Pages 42 - 45)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 46)
STAFF
COMMENTS (Page 47)
COMMISSIONER
COMMENTS (Page 48)
ADJOURNMENT (Page 48)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. R2008-2642 adopted by the City Commission of the City of Belle Glade, Florida recognizing the importance of a Western Landfill; supporting location in Western Palm Beach County; and recognizing conformance to the Palm Beach County Comprehensive Plan;
B) Resolution No. 2008-08
adopted by the City Council of the City of Greenacres, Florida recognizing the
importance of a Western Landfill; supporting the location in Western Palm Beach
County in accordance with the Palm Beach County Comprehensive Plan; and
C) Resolution No. 43-2008 adopted by the City of Boca Raton advising the Palm Beach County Board of County Commissioners of the City’s opposition to any increase in County Impact Fees.
2. Staff recommends
motion to approve:
A) Amendment No. 1 to Agreement
(R2007-0911) with Bryan Boysaw & Associates a/k/a Law Offices of Bryan Boysaw and Associates, P.A., to extend
the expiration date from April 1, 2008, to April 1, 2010; and
B) a Subordination Agreement to the Declaration of Restrictions with Bryan
Boysaw & Associates.
SUMMARY: On June 19, 2007, the Board of County
Commissioners approved the Community Development Block Grant (CDBG) Economic
Set-Aside Agreement (R2007-0911) with Bryan Boysaw & Associates in the
amount of $60,000 for the acquisition of real property located at 501Rosemary
Avenue, West Palm Beach, Florida 33401 for the company’s expansion. This Amendment will allow for a twelve (12)
month extension to the existing agreement for the completion of construction
and twelve months for the hiring of four (4) full-time equivalent jobs. The
Subordination Agreement will allow the company to close a $500,000 construction
loan with SunTrust Bank (“Suntrust”) and the loan to be secured by a mortgage
and security agreement encumbering the Property (“Suntrust Mortgage”). The
project was delayed until funds could be secured for construction. These are Federal funds and require no
local matching funds. District 7
(DW)
3. Staff recommends
motion to approve: a Modification
to an Award/Contract (R2007-0833) (Charge Resolution Contract No. 6FPSLP0103)
with the U. S. Equal Employment Opportunity Commission (EEOC) allowing the
Office of Equal Opportunity to receive revenue in the total amount of $83,050
as payment for processing and resolving employment discrimination complaints. SUMMARY:
Execution of this modified contract is required so that OEO can receive payment
for processing and resolving complaints of employment discrimination pursuant
to the Worksharing Agreement with the EEOC.
This Charge Resolution Contract is for FY 2007-2008 and is in the amount
of $83,050 ($80,850 - charge processing; $700 Intake Services, and $1,500 -
attendance at EEOC sponsored annual training). EEOC Charge Resolution contracts
for all fair employment practices agencies nationwide provide payment at a rate
of $550 per charge. OEO=s contract is for a total of 147
charges. Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
4. Staff recommends
motion to approve: an Agreement with Regina J. Blair as a Certified
Neighborhood Coordinator, to facilitate a Building Sustainable Neighborhood
Public Workshop, conduct OCR Strategic Program Development Training, and
present the Keynote Speech and assist with the award and certificate ceremony
for the Resident Education to Action Program (REAP) Graduation Ceremony on May
9 &10, 2008, in an amount not-to-exceed $3,000. SUMMARY: The Agreement being submitted for approval
provides for Regina J. Blair, as a Certified Neighborhood Coordinator, to
facilitate a Building Sustainable Neighborhood Public Workshop for the citizens
of Palm Beach County, conduct OCR Strategic Program Development Training for
the Office of Community Revitalization, and present the Keynote Speech and
assist with the award and certificate ceremony for the REAP Graduation
Ceremony, in an amount not-to-exceed $3,000.
Countywide (AH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular December
4, 2007
Regular February
5, 2008
Workshop February
26, 2008
Zoning February
28, 2008
Workshop March
25, 2008
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during February 2008. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Release of Posted and Viewed Road Rights (Rights),
as recorded in Palm Beach County Board of County Commissioners Minutes and
Summaries Book 20, Page 566, in Sections 5 and 8, Township 41 South, Range 41
East. Summary:
This action will approve the release of
Rights, created on September 25, 1939, within an area managed by the Department
of Environmental Resources Management. This area is known as the Pine Glades
Natural Area. District
1 (PK)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: Supplemental
Agreement No. 5 to Project Agreement
R2004-0621 in the amount of $63,767.28 with Metric Engineering, Inc. for
professional services. Summary: This
Supplemental Agreement will provide the services necessary to revise the Pond
Siting Report and the right-of-way procurement map for Northlake Boulevard from
Seminole Pratt Whitney Road to Coconut Boulevard. Districts 1 & 6 (PK)
3.
Staff
recommends motion to:
A) adopt a Resolution approving a County Incentive Grant Program (CIGP) Agreement with the State of Florida Department of Transportation (FDOT), in the amount of $2,250,000 for the widening and reconstruction of Hypoluxo Road from Jog Road to Military Trail (Project); and
B) approve a Budget Amendment of $2,250,000 in the Road Impact Fee Fund – Zone 4 to recognize a CIGP Agreement with FDOT and appropriate it to the Project.
Summary:
Through this Agreement, Palm Beach County (County) will receive a matching
grant of $2,250,000 from the CIGP for the Project. The County will be responsible for matching
the FDOT funds up to the grant amount and for all costs above this grant. District 3 (MRE)
4. Staff recommends
motion to adopt: a Resolution approving Amendment Number Two to the
Joint Participation Agreement (JPA) with the State of Florida Department of
Transportation (FDOT), approved on June 7, 2005 (R2005-1064), to modify the
required begin construction date to no later than June 15, 2009 for the
intersection improvements at SR-708/Blue Heron Boulevard and Congress Avenue
(Project). Summary: This action approves an Amendment to the JPA
Agreement with FDOT for the Project.
This Amendment extends the required begin construction date to no later than
June 15, 2009. District 7 (PK)
5. Staff recommends
motion to approve:
A) a Budget Transfer of
$16,000 in the Transportation Improvement Fund from Reserve for District 5 to Addison
Reserve Boulevard at Jog Road – District 5; and
B) a Reimbursement
Agreement with Addison Reserve Master Property Owners Association (Association)
for up to $16,000 for removal of brick pavers and asphalt resurfacing.
Summary: This Agreement will reimburse the Association with funds from the Transportation Improvement Fund up to $16,000 for the removal of brick pavers and replacement with asphalt. District 5 (MRE)
6. DELETED
7. DELETED
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff
recommends motion to adopt: a Resolution approving recordation and
filing of a Specific Purpose Survey Maintenance Map with the Clerk of the
Circuit Court of and for Palm Beach County (County), Florida, certifying that
60th Street North, from the “M” Canal east to Seminole Pratt Whitney
Road, was constructed by the County and has been maintained or repaired,
continuously and uninterruptedly, by the County for over four (4) years and
therefore all right, title, easement appurtenances in and to the road is vested
in the County. SUMMARY: This
recordation and filing will establish and confirm title of 60th
Street North, to the County in accordance with Section 95.361, Florida
Statutes, which provides that upon construction by the County and upon four
years of continuous and uninterrupted maintenance or repair of the road by the
County and upon filing of a map with the Clerk, all right, title, easement, appurtenances
in and to the road becomes vested in the County. The Road and Bridge Division Director has certified
on the cover of the 60th Street Specific Purpose Survey Maintenance
Map, that the Map depicts the limits of maintenance by the County. District
6 (PFK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
contracts with listed provider agencies for the period March 1, 2008, through
February 28, 2009, totaling $4,010,738 for Ryan White Part A HIV Emergency Relief Formula/Supplemental funds:
|
|
Formula |
Supplemental |
|
A) Compass,
Inc |
$
266,512 |
$ 119,136 |
|
B) Comprehensive AIDS Program |
$1,187,878 |
536,925 |
|
C) Comprehensive
Community Care Network, Inc. |
$ 392,173 |
91,850 |
|
D) Florida
Housing Corporation |
$ 41,491
|
12,515
|
|
E) Gratitude
House |
$ 37,500 |
NA |
|
F) Legal Aid Society of Palm Beach County |
$ 139,794 |
55,206 |
|
G) Minority Development & Empowerment, Inc. |
$ 100,000 |
NA |
|
H) Oakwood Center of the Palm Beaches, Inc. |
$ 75,000 |
NA |
|
I) Treasure Coast Health Council- Medical |
$ 460,322 |
194,436 |
|
J) Treasure Coast Health Council-CC Support |
NA |
300,000 |
|
|
$2,700,670 |
$1,310,063 |
|
|
|
|
|
Total $4,010,738 |
||
SUMMARY: A Notice of Grant Award from the Department
of Health and Human Services Health Resources and Services Administration
(HRSA) was received on March 3, 2008, that conveys an award for the contract
period March 1, 2008, through February 28, 2009. Total funds awarded are $7,786,995,
of which $778,699 is allocated for Grantee Administration (which includes $300,000
for Care Council Support subcontracted to Treasure Coast Health Council listed
above); and $389,350 for Quality Management. The remaining $2,908,208 has been
allocated and contracts will be presented for approval on a future agenda. The grantee, Palm Beach County, is
responsible for selecting and contracting with service providers. The HIV
Council is charged with the sole responsibility of determining service
priorities and the allocation of funding the service priorities. The grant
award is for the provision of services related to HIV affected clients, such as
medical case management, medical care, oral health care and substance abuse
treatment. The agencies listed were
selected through the Request For Proposal (RFP) process and have been
recommended to receive funding. (Ryan White) Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
2. Staff recommends
motion to approve:
A) Use of Facility Agreement with the Village
of Royal Palm Beach for an amount not-to-exceed $11,250 for the period October
1, 2007, through June 30, 2008; and
B) a one (1) time payment of $15,000 to the
Village of Royal Palm Beach for prior service rendered at the Kevin Harvin
Center October 1, 2006, through September 30, 2007.
SUMMARY: DOSS operates
a congregate dining site for the elderly in Royal Palm Beach at the Kevin M.
Harvin Center located at 1030 Royal Palm Beach Blvd. DOSS provides the meals
and nutritional services. There is no
cost for the use of the site for congregate dining. The County will reimburse the Village of
Royal Palm Beach for expenses incurred by a site manager to manage the
congregate dining site and to provide recreational activities for the elderly
totaling $11,250 for the period October 1, 2007, through June 30, 2008 with a
termination clause. The County will also
reimburse the Village for prior services rendered October 1, 2006, through
September 30, 2007 totaling $15,000. (DOSS)
Countywide except for portions of Districts 3, 4, 5, and 7 south of
Hypoluxo Road (TKF)
3. Staff recommends
motion to approve: Home
and Community Based Waiver Case Management Referral Agreement with the State of
Florida Department of Children and Families (DCF), Southeast Zone, Circuit 15,
Adult Services Program for the period of April 1, 2008, through June 30, 2010,
or until terminated. SUMMARY:
The purpose of this agreement is to enable eligible disabled adult
participants 18 to 59 years old choice of case management services from the
Division of Senior Services (DOSS) in Palm Beach County. DCF authorizes these services in order for the
participant to remain in the least restrictive setting and avoid or delay
nursing home placement. As a service
provider under the Home and Community Based Services program, DOSS will bill
the State of Florida’s Medicaid fiscal agent directly on a negotiated unit rate
basis of $45.00 per hour for Case Management, $21 per hour for Case Aide, $10
per hour In Facility Respite. There will
be approximately two (2) case management clients per month totaling approximately
$90 per month, with no clients for the Day Care or Case Aide services. DCF authorizes these services in order that
the participant may remain in the least restrictive setting and avoid or delay
nursing home placement. (DOSS) Countywide (TKF)
4. Staff recommends
motion to approve: Aging
Resource Center (ARC) Referral Agreement with the Area Agency on Aging Palm
Beach/Treasure Coast, Inc. (AAA) beginning April 1, 2008, for a period of three
(3) years, or until terminated. SUMMARY:
The purpose of this agreement is to set forth the specific actions
to be performed by AAA and the Division of Senior Services (DOSS) in ensuring
that elders and their families are able to obtain information and services in
the most efficient and least cumbersome manner possible when contacting an
“Access Point” prior to contacting the ARC. DOSS as an Access Point, is a local community
service organization that will provide information and access to available
resources. DOSS will ensure all employees that perform Access Point services
complete required training on the statewide web-based information and referral
database (REFER) and training on the ARC Operational Policies and Procedures,
including all continuing education training, track and log all contacts made to
the Access Point once REFER is implemented, and provide information on the most
appropriate alternatives, including private pay and community organizations.
The ARC will maintain the waitlist and determine the clients who will receive
services based on the applicable prioritization criteria. (DOSS) Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5.
Staff recommends
motion to approve: a repayment
of $187,500 to the State of Florida Department of Children and Families. SUMMARY:
This repayment
covers the advance payment made to the County from the State of Florida Department of Children and Families (DCF) Homeless
Housing Assistance Grant (R2008-0029).
The total grant award was $375,000, but only one (1) of two (2) advance
payments occurred in the amount of $187,500.
Upon receipt of the grant award, funds were to be subcontracted to
Florida Housing Corporation, Inc., also known as McCurdy Senior Housing
Corporation, for construction of a 93-bed assisted living facility in Belle
Glade primarily for homeless individuals.
On January 28, 2008, DCF received a request from the sub-grantee to
withdraw their 2007 Homeless Housing Assistance Grant Application. On February 6, 2008, DCF notified the
Division of Human Services of the termination of contract (No. IFZ12) effective
February 15, 2008 and requested repayment in the amount of $187,500. No County funds are required. (Human Services) Countywide (TKF)
6. Staff recommends
motion to approve: two (2) amendments to the Ryan White Part A
HIV Health Support Services Contracts (Supplemental) for the period March 1,
2007, through February 29, 2008 totaling $18,377.45:
A)
Amendment No. 2 to contract (R2007-1408), with Comprehensive Community
Care Network, Inc. to decrease funding by $18,377.45 for a total not-to-exceed
amount of $69,294.55; and
B) Amendment No. 3 to contract (R2007-1407)
with Comprehensive AIDS Program, Inc. to increase funding by $18,377.45 for a
total not-to-exceed amount of $749,536.45.
SUMMARY: Ryan White
HIV Health Support service dollars are reviewed throughout the contract year
and dollars unlikely to be spent by the end of the contract period are
reallocated to best meet the need of the affected clients. These funds provide
compensation for additional case management services by Comprehensive AIDS
Program, Inc. and were not needed by Comprehensive Community Care Network, Inc.
No County funds are required. (Ryan
White) Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve:
A) a Budget Transfer
of $2,750,000 in the Airports Operating Fund to change inter-fund transfers from the Airports Debt
Service $8M PBIA Subordinated Indebtedness Fund to the Airports Improvement and
Development Fund;
B) a Budget Amendment of $2,750,000 in the Airports
Improvement and Development Fund recognizing the transfer receipt from the
Operating Fund and increasing the project expenditure account;
C) a Budget
Amendment of $3,000,000 in the Airports Capital Project $8M PBIA Subordinated
Indebtedness Fund decreasing loan proceeds revenue and the project expenditure
account; and
D) a Budget Amendment
of $2,750,000 in the Airports Debt Service $8M PBIA Subordinated Indebtedness
Fund decreasing inter-fund transfer revenues and principle payment
expenditures.
SUMMARY: On August 15, 2006
(R2006-1408), the Board approved the construction of the Airports
Administration and Communications Facility at a cost of $10,997,000. In addition to Airport revenues and grant funding,
the Board authorized the use of $3,000,000 in loan proceeds to fund
construction. Additional airport
revenues are now available to fund the remaining cost without any further need
of loan proceeds. Therefore, staff
recommends funding the remaining construction costs with airport revenues
rather than loan proceeds. The
recommended budgetary adjustments decrease the project budget by $250,000, but
do not affect construction costs. Countywide (AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to:
A) approve an Agreement for
Purchase and Sale of Specialty Restaurants Corporation’s and the 94th
Aero Squadron of West Palm Beach, Inc.’s Leasehold Interest in the 391st
Bomb Group restaurant (Purchase Agreement) located on the Palm Beach
International Airport (PBIA) for the amount of $750,000;
B) authorize the County
Administrator or his designee (Director of Department of Airports) to sign
required closing documents on behalf of the County, including an Agreement to
Terminate Lease;
C) authorize staff to enter into
negotiations with Galaxy Aviation of Palm Beach, Inc. (Galaxy Aviation), for
the lease of the restaurant site; and
D) approve a
Budget Transfer of $768,625 in the Airports Improvement and Development Fund to
provide sufficient budget, including a transfer from reserves in the amount of
$768,625.
SUMMARY: On June 19, 1979, the County entered
into a lease with Specialty Restaurants Corporation and the 94th
Aero Squadron of West Palm Beach, Inc. d/b/a the 391st Bomb Group
(collectively “Specialty Restaurants”) for a restaurant and cocktail lounge on
PBIA (R79-786), for a term of 30 years with an option to extend the lease for
two (2) additional terms of five (5) years each at Specialty Restaurants’
election. On February 6, 2007, the Board approved staff entering into
negotiations with Specialty Restaurants for the voluntary, early termination of
the lease (R2007-0211). In an October
31, 2007 appraisal, Anderson and Carr determined the value of Specialty
Restaurants’ leasehold interest to be $540,000. Specialty Restaurants
questioned certain assumptions made by Anderson and Carr, including the
estimated costs of repair and future rentals payable to the County. In an
addendum to the October 31, 2007 appraisal, Anderson and Carr determined the
value of Specialty Restaurants’ leasehold interest to be $900,000. Specialty Restaurants has agreed to terminate
its leasehold interest for a negotiated purchase price of $750,000. The
Purchase Agreement also requires the pro-ration of rentals payable to the
County from March 1, 2008. Continued use
of the property as a restaurant site is inconsistent with future development
plans for PBIA. Termination of the lease will permit use of the property
for appropriate aeronautical uses. The Department of Airports (DOA)
is recommending the Board approve the Purchase Agreement and requesting
authorization to permit DOA to enter into negotiations with Galaxy Aviation, a
fixed base operator at PBIA, for the lease of the property. DOA will
require any future tenant of the property to reimburse the County $750,000 for
the termination of the Specialty Restaurants’ lease. Countywide (JMB)
3. Staff recommends
motion to approve: a Declaration of Easement, declaring an easement
on a portion of the Palm Beach International Airport (PBIA) for water and sewer
facilities to serve two (2) new hangars being constructed by Galaxy Aviation of
Palm Beach, Inc., on the south side of PBIA.
SUMMARY: Galaxy Aviation provides fixed base operator
services at PBIA subject to a long term lease with the County. Galaxy Aviation
is constructing two (2) new hangars on the south side of PBIA along Airport
Perimeter Road. The Water Utilities Department is requesting a
Declaration of Easement to provide public notice of a utility easement and to
remind the County of the necessity of reserving a utility easement upon
conveyance of the property to another party. Countywide (JMB)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to approve: Change
Order No. 2 to the Contract with Brang Construction, Inc. decreasing the
contract in the amount of $117,205 for the Terminal Skylight Replacement
Project at Palm Beach International Airport (PBIA). SUMMARY:
On August 21, 2007, the BCC approved the construction
contract (R2007-1288) with Brang
Construction, Inc. for construction services for the Terminal Skylight Replacement Project at
PBIA in the amount of $2,429,000. Change
Order No. 1 was approved for a net increase to the contract in the amount of
$7,121.12. Approval of Change Order No.
2 to decrease the contract in the amount of $117,205 will provide a cost savings to the owner for the use of an
alternate design. The Disadvantaged
Business Enterprise (DBE) goal for this project was established at 17.00%. Brang Construction, Inc. was unable to obtain
any qualified DBE participation, but met the DBE requirement of good faith
effort described in the bid documents.
The Disadvantaged Business Enterprise (DBE) participation for this
Change Order is 0%. Countywide (JCM)
5. Staff recommends
motion to approve: Change Order No. 20 to the Contract with David
Brooks Enterprises, Inc. in the amount of $121,472 for the Administration
Building and Communications Facility Project at Palm Beach International
Airport (PBIA). There is no change in
contract time in Change Order No. 20. SUMMARY: On August 15, 2006, the BCC
approved the construction contract (R2006-1408) with David Brooks Enterprises,
Inc. for construction services for the Administration
Building and Communications Facility Project at PBIA in the amount of
$10,997,000. Change Orders 1-19 were approved for an increase to the contract
in the amount of $540,980 and an increase in time of 86 Calendar Days. Approval of Change Order No. 20 in the amount
of $121,472 will provide funds for
electrical modifications to accommodate the second phase relocation of the
Communications Center from the Terminal to this building. The Disadvantaged Business Enterprise (DBE)
participation for this Change Order is 0.00%.
The total DBE contract goal including all change orders is 9.23%. Countywide (JCM)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to receive and file: ten
(10) original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Charles W. DeVane,
Unit 4, Building 11350 at North County Airport, terminating R2003-0768 on March
31, 2008;
B) Agreement to Terminate Hangar Lease Agreement with P&C Leasing,
LLC, Unit 4, Building 11220 at North County Airport, terminating R2007-1081 on March
31, 2008;
C) Agreement to Terminate Hangar Lease Agreement with Michael Scheff, Unit
6, Building 11230 at North County Airport, terminating R2005-0835 on March 31,
2008;
D) North County General Aviation Airport Hangar Lease Agreement with Mark
Baker, Unit 4, Building 11240, for one (1) year, automatically renewed at one
(1) year intervals, commencing on April 1, 2008;
E) North County General Aviation Airport Hangar Lease Agreement with Paul
Burke, Unit 4, Building 11220, for one (1) year, automatically renewed at one (1)
year intervals, commencing on April 1, 2008;
F) North County General Aviation Airport Hangar Lease Agreement with
P&C Leasing, LLC, Unit 17, Building 11300, for one (1) year, automatically
renewed at one (1) year intervals, commencing on April 1, 2008;
G) North County General Aviation Airport Hangar Lease Agreement with
Michael Scheff, Unit 6, Building 11300, for one (1) year, automatically renewed
at one (1) year intervals, commencing on April 1, 2008;
H) North County General Aviation Airport Hangar Lease Agreement with
Skylane Sky, LLC, Unit 6, Building 11230, for one (1) year, automatically
renewed at one (1) year intervals, commencing on May 1, 2008;
I)
License Agreement with
Vanguard Car Rental USA, Inc. to use property for short term storage of
operable vehicles commencing February 25, 2008, and expiring March 10, 2008;
and
J) Agreement Covering Operation of
Aircraft at PBIA with MN Airlines, LLC d/b/a Sun Country Airlines commencing December
1, 2007, terminating September 30, 2008 and automatically extended on
year-to-year basis.
SUMMARY: Delegation of authority
for execution of the standard County agreements above was approved by the BCC
in R-2004-1367, R-2007-1755, R-2007-1968 and R-2007-2070. Countywide (AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) Budget Amendment of
$1,148,863 in the $133.9M Revenue Bonds, Series 2005 Scripps Construction
Capital Fund to budget and transfer interest income and reserves for future
debt service to the $133.9M Revenue Bonds Series Scripps Construction Debt
Service Fund;
B) Budget Amendment of
$5,915,750 in the $133.9M Revenue Bonds, Series 2005 Scripps Construction Debt
Service Fund for reserves for future debt service payments;
C) Budget Transfer of $831
in the $24.3M Taxable Revenue Bonds, Series 2004 Scripps/Mecca Acquisition
Capital Fund for transfer to $24.3M Taxable Revenue Bonds, Series 2004 Scripps/Mecca
Debt Service Fund;
D) Budget Amendment of $831
in the $24.3M Taxable Revenue Bonds, Series 2004 Scripps/Mecca Debt Service
Fund for reserves for future debt service payments;
E) Budget Amendment of
$1,587,887 in the $98M Revenue Bonds, Series 2007 Scripps/Briger Capital Fund
to budget and transfer interest income to the $98M Revenue Bonds, Series 2007 Scripps/Briger
Debt Service Fund; and
F) Budget Amendment of
$1,587,887 in the $98M Revenue Bonds, Series 2007 Scripps/Briger Debt Service
Fund for reserves for future debt service payments.
Summary: The above
Budget Transfers and Amendments are needed to transfer interest earnings on
proceeds from revenue bonds for Scripps facilities. Under the terms of the Agreements, the
interest earnings on bond proceeds in the Scripps Capital Funds are used by the
County for debt service payments on the bonds.
These earnings will be used to pay debt service in FY 2009. Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No.
3 to Contract with S&F Construction, Inc. (R2005-1871) to implement the
third renewal of the annual pavilions, shelters and sheds contract with a
maximum value of $400,000. Summary: Amendment No. 3 is a renewal to the Annual
Contract–Pavilions, Shelters and Sheds which was awarded to S&F
Construction, Inc. The contractor will
continue to perform as an annual pavilion contractor for various pavilion
projects. This annual pavilions contract
is an indefinite-quantity (work orders) contract and this renewal has a maximum
value of $400,000. The renewal term is
twelve (12) months or until $400,000 in work orders are issued. Staff is bringing
forward the Amendment at this time based on pending work which would exceed the
value assigned to the contract. All
terms of the original contract remain in effect. This is the third of four (4) extensions
allowed by the Contract. SBE participation
goals are 15%. S&F Construction,
Inc.’s participation, for work orders issued-to-date is 89.22%. (FD&O Admin) Countywide (JM)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: JOC Work
Order No. 08-081 with Holt Contractors, Inc., (R2007-0947) in the amount of
$385,098.94 to provide a new double-wide modular building; and renovations to
the existing buildings for Pahokee Animal Care & Control. Summary: The work consists of the purchase and
installation of a new 24' x 72' modular building with interior build-out for
use as the public reception area and as a surgical unit, including all
utilities, stairs, and ramps. In
addition, the existing office building/surgical unit will be remodeled for use
as food storage/feline holding including a new A/C system, exterior
wall/ceiling insulation, a new drop ceiling with new light fixtures, and
replacement doors/frames and locksets, interior and exterior painting of both
the existing office and kennel buildings. The SBE goals are 15%. The SBE
participation in this Work Order is 100%. When the participation for this Work
Order is added to Holt’s total participation-to-date, the resulting values are
100%. The total construction duration is 180 days. This work will comply with
all applicable local, state, and federal codes and regulations. (FD&O Admin) Countywide/District 6 (JM)
3. Staff recommends
motion to approve: a First
Amendment to the Agreement (R2003-1697) with the Town of Palm Beach (Town)
allowing for interoperable communications through the countywide common groups
of the County’s 800MHz radio system to extend the term of the Agreement until
October 21, 2013. Summary: The Agreement with the Town which provides
the terms and conditions under which the Town can program into its radios and
utilize the countywide common talk groups for certain types of inter-agency
communications will expire on October 21, 2008.
The Agreement provides for three (3) - five (5) year renewals but
renewals require approval by both parties.
The Town has approved a renewal to extend the term of the Agreement
until October 21, 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 state and federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. The Town
is required to pay all costs associated with subscriber units and to comply
with the established operating procedures for the system. The Agreement may be terminated by either
party, with or without cause.
(FDO/ESS) Countywide (JM)
4. Staff recommends
motion to approve: an Agreement with the City of Fort Lauderdale (City)
allowing for interoperable communications through the countywide common groups
of the County’s 800MHz radio system. Summary: This Agreement provides the conditions under
which the City can program into its radios and utilize the countywide common
talk groups for certain types of inter-agency communications. The County’s system will not be utilized for
routine operational communications by the City.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of state and federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with this Agreement.
The City is required to pay all costs associated with subscriber units
and to comply with the established operating procedures for the system. The term of the Agreement is five (5) years with
three (3) - five (5) year renewals. The
Agreement may be terminated by either party, with or without cause. (FDO/ESS)
Countywide (JM)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve:
A) a
Deposit Receipt and Contract for Sale and Purchase with National Land Company,
Inc. for the sale of 4.85 acres of vacant land adjacent to Lake Ida Park for
$1,600,000; and
B) a
County Deed in favor of National Land Company, Inc.
Summary: The County owns
4.85 acres of surplus vacant land at the north end of Lake Ida Park. This property is separated from the rest of
the Park by a canal and currently has no legal access. It is adjacent to the old B.E. Aerospace
property recently purchased by National Land Company, the principal of which is
David Paladino. National Land Company is
proposing a new residential development on its adjoining property, and desires
to include this property into its development plans. Several appraisals of the property were
obtained over the years, indicating values ranging between $92,000 and
$2,400,000. The most recent appraisal
valued the property “as is”, without legal access, at $1,237,000, and at
$1,994,000 assuming legal access. The
property was advertised for sale and a Request For Bids (RFB) was issued in
September 2007 with a minimum bid of $1,500,000. National Land Company was the sole bidder on
this RFB in the amount of $1,600,000.
The property is being sold “as is” without contingencies. National Land Company will be obligated to
create and maintain shoreline enhancement and littoral zones at its sole cost
and expense. Closing is to occur within
thirty (30) days of Board approval. The
County will retain mineral and petroleum rights in accordance with Florida
Statutes Section 270.11, but will not retain rights of entry and
exploration. (PREM) Districts 3 & 4 (HJF)
6. Staff recommends
motion to approve: a Consent to
Change of Ownership of Procell Watersports, Inc., the operator of the water
sports and recreational concession located in Okeeheelee Park, from Carrol
Procell, to Annette Arriaga Roque and Roger Roque, d/b/a Kayak-King
Watersports, Inc. Summary: On June 19, 2007, the Board approved a
Concessionaire Service Agreement (CSA) with Procell Watersports, Inc., for
operation of the water sports and recreational rental concession at Okeeheelee
Park (R2007-0958). The term of this CSA
extends until June 30, 2008, with four (4) options to extend, each for a period
of one (1) year. Carol Procell, the sole
shareholder of Procell Watersports, Inc., has sold the company to Annette
Arriaga Roque and her husband, Roger Roque.
The CSA allows the change of ownership with the County’s written
consent. All terms and conditions of the
CSA will remain unchanged. In the event
of a default under the terms of the Agreement, Carol Procell will remain
individually liable for performance of all Concessionaire’s obligations under
the CSA. Both Annette Roque and Roger
Roque will execute personal guarantees of the CSA. The Roques have several years experience
helping to run this concession and are well suited to taking on the obligations
and responsibilities of this concession.
A Disclosure of Beneficial Interests was obtained and indicates that
Annette Roque and Roger Roque own 100% of the interests in Procell Watersports,
Inc. (PREM) District 6 (JMB)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: a First
Amendment to the Pedestrian Walkway Easement Agreement (R2005-1334) with
Courthouse Commons, LLC. Summary: On July 12, 2005, the Board approved a
non-exclusive Pedestrian Walkway Easement Agreement in favor of Courthouse
Commons, LLC. Under this Agreement, the
County authorized Courthouse Commons, a private developer, to construct an
aerial bridge over 3rd Street in West Palm Beach in order to connect
the Courthouse Commons parking garage to the County’s existing Judicial Center
parking garage pedestrian bridge. The
Easement approved certain surface and aerial rights over County property for
construction of the bridge. During
construction of the bridge, it was determined that a column support needed to
be relocated due to the existence of an underground utility line. The column support was relocated,
construction has been completed and this First Amendment revises the legal
description and sketch to memorialize placement of the support column. (PREM)
District 7/Countywide (HJF)
8. Staff recommends
motion to approve: a Declaration
of Cross Access Easement for the Royal Palm Beach Library and Mid-Western
Community Center. Summary: Palm Beach County is currently planning to
expand the Royal Palm Beach Library, located near the southwest corner of
Okeechobee Boulevard and Royal Palm Beach Boulevard in Royal Palm Beach. The existing 7,955 square foot library will
be expanded by 12,530 square feet to handle the heavy volume of residents who use
this facility. The Village imposed a
condition of site plan approval requiring the County to establish a Cross
Access Easement between the Library and the County’s adjacent Mid-Western
Community Center. The Cross Access
Easement provides for access between the Community Center and Library at three
(3) separate points for smooth ingress/egress.
The Declaration of Cross Access Easement will be recorded to provide
public notice of the existence of three (3) cross access points between the two
County-owned properties. (PREM) District 6 (HJF)
9. Staff recommends motion to approve: a Donation Agreement with
the Pahokee Housing Authority, Inc. (Housing Authority) and the Sheriff of Palm
Beach County (Sheriff) for two (2) portable Magnum Light Towers, MLT 4060 for
the Sheriff’s Midnight Hoops Program. Summary: The Sheriff is seeking to implement a
Midnight Hoops Program at Fremd Village, a public housing development that is
owned and operated by the Housing Authority.
In order to implement the program, lighting for the basketball courts in
Fremd Village is needed. The County has
procured portable light towers to provide the necessary lighting and the
Sheriff has reimbursed the County for the cost of the procurement with grant
funds. The purpose of the Donation
Agreement is to convey the light towers to the Housing Authority with certain
restrictions. Pursuant to terms of the
Agreement, the Housing Authority may only use the light towers for the Midnight
Hoops Program and community programs conducted by the Housing Authority. If the Housing Authority ceases using the
light towers for their intended purpose, the light towers will be returned. In addition, the County and Sheriff have
reserved the right to use the light towers, if necessary. There will be no on-going costs to the County
or Sheriff for the light towers as the Housing Authority shall be solely
responsible for funding the costs of maintaining the light towers. The Sheriff will be responsible for
administrating this Agreement on behalf of the County. The term of this Agreement is five (5)
years. Upon expiration of this
Agreement, title to and possession of the light towers shall remain with the
Housing Authority. (FD&O Admin) District 6 (JM)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: a First
Amendment to Lease Agreement (R95-812D) with Closter Farms, Inc. for 7.3+/-
acres of County-owned unimproved land south of Pahokee in unincorporated Palm
Beach County. Summary: Since 1995, the County has leased to
Closter Farms a 7.3+/- acre parcel of unimproved land located on the north side
of Eastgate Farms Road, south of Pahokee, for an annual base rent of
$2,555. The current term of the Lease
expires March 31, 2015. In review of the
Lease, Staff has discovered that Closter Farms rental adjustments had not been
calculated in accordance with the rental adjustment provisions contained in the
Lease. This resulted in a $7,145 underpayment of rent for the period of 1995 -
2007. As best as we can determine, it
appears that previous PREM staff members utilized the method for calculating rental
increases contained within State Leases of adjoining land. Closter Farms has argued that the rental
adjustment provision was not what they intended, differs from the way in which
the State calculates rental increases on leases with Closter Farms of adjoining
land and would result in a rent that Closter Farms can not afford to pay based
upon current market conditions. Because
this has been continuing for many years, and due to the likely inability to
lease this small property to another farmer, staff is recommending the Lease be
amended consistent with how rental increases are calculated by the State. This First Amendment: i) modifies the Lease to formalize adjustment
of the annual Base Rent by application of the Producer Price Index; ii)
clarifies the method of computation of rent; iii) acknowledges and corrects
past computations of rental increases (resulting in a $7,145 total reduction in
rent); and iv) updates the Notice provisions of both parties. All other terms and conditions of the Lease
shall remain in full force and effect.
(PREM) District 6 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: an Agreement with the Comprehensive Community Care
Network, Inc., for the purchase and installation of an emergency generator in
the amount of $300,000 for the period of May 20, 2008, through December 31,
2008. SUMMARY: The emergency
generator will serve the Comprehensive Community Care Network, community health
care center located at 2330 S. Congress Avenue, in the Village of Palm
Springs. The work includes the
construction of a concrete slab for the generator, the installation of the
generator, fuel tank and fuel lines, and all electrical connections and
automatic transfer switches. This Agreement will provide $300,000 in
Federal Community Development Block Grant funds, which do not require local
matching funds. District 3 (TKF)
2. Staff recommends motion to adopt: a Resolution approving the Third Amendment to the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for fiscal years 2007-2008, 2008-2009 and 2009-2010; and authorizing various technical revisions to the LHAP for Florida Housing Finance Corporation compliance for the Multi-Family Rental Program, the Special Needs Barrier Free Program, the Special Needs Replacement Housing Program and the Palm Beach County housing Lien Policy. SUMMARY: The State Housing Initiatives Program provides funding to the Commission on Affordable Housing for various programs designed to assist in the development and preservation of affordable housing. The programs will provide financial assistance to eligible extremely-low, very low, and low-income households to make needed repairs to their individually owned residences. The technical revisions to the LHAP were recommended by the Florida Housing Finance Corporation (FHFC) and the Florida Housing Coalition (FHC) to assure compliance with the State SHIP rules regarding required expenditure rates for extremely-low and very-low income households. The technical revisions to existing Commission on Affordable Housing (CAH) programs are necessary to address recent recommendations by the FHFC and the FHC. Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve: the voluntary annexation of a parcel owned by Palm
Beach County into the City of West Palm Beach.
SUMMARY: Palm Beach County requests to voluntarily annex a County-owned property
into the City of West Palm Beach. The
0.042-acre parcel, as described is a County-owned lift station maintained by
the Palm Beach County Water Utilities Department (PBCWUD) and will otherwise be
an unincorporated enclave when the adjacent property to the east is voluntarily
annexed into the City. Pursuant to the
Interlocal Agreement between Palm Beach County and the City of West Palm Beach
regarding Water and Wastewater Service Area dated December 20, 2005 (County
Resolution No. R2005-2445), the property is within the PBCWUD water and
wastewater service area and will remain in the County’s water and wastewater
service area following the annexation.
By signing the voluntary annexation petition, Palm Beach County does not
transfer ownership rights for the parcel, but rather consents to the property being
annexed into, and included within, the municipal boundary of the City of West
Palm Beach. The annexation has been processed through the County’s review departments,
including Fire Rescue, Engineering, Planning, Zoning, Environmental Resources
Management, Parks and Recreation, Water Utilities, County Attorney, Property
and Real Estate Management and the Office of Financial Management and Budget departments. None of the departments are opposed to the
annexation. The proposed annexation
meets the requirements of Chapter 171, F. S. and is consistent with the
Intergovernmental Coordination Element, Objective 1.4, of the County’s
Comprehensive Plan. District 2
(RB)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: a unit
price Contract with AKA Services, Inc. for the Water Utilities Department
Continuing Construction Contract to install potable water, reclaimed water, and
wastewater pipelines over a twelve (12) month term in a cumulative amount not
to exceed $2,104,187. SUMMARY:
On February 27, 2008, seven (7)
bids were received for the Water Utilities Department Continuing Construction
Contract. AKA Services, Inc. is the responsive low bidder. This Contract
will be used to expedite utility special
assessment projects and other pipeline projects where timing is critical. Contract
award is for the base contract only, and the contract by itself does not
guarantee nor authorize AKA Services to perform any work. Work will be assigned during the twelve month contract period by formal work
authorizations drawn against this contract, with approvals pursuant to PPM
CW-F-050. The unit prices contained in
this Contract will be used in determining the cost of work authorizations. Supplements
to work authorizations for changes that occur during construction will be
subject to the change order limits for construction contracts as established
under PPM CW-F-050 with each work authorization considered as an individual
construction contract. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with AKA
Services, Inc. provides for SBE participation of 15.63% overall. (WUD Project No. 08-017) Districts 1, 2, 3, 5 & 6 (JM)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: an
Interlocal Agreement with the City of Lake Worth for the purchase and sale of
bulk potable water. SUMMARY: In order to ensure the most
efficient delivery of potable water service, the County has encouraged the use
of cooperative agreements with other utility systems. This Agreement provides for the City of Lake
Worth (City) to purchase up to six (6) million gallons per day (GPD) of potable
water from the County. The City will
initially purchase two (2) MGD of capacity at the rate of $2.99 per gallon
($5,980,000) and will pay $1.37 per 1,000 gallons for water delivered during
off-peak hours. The commodity rate will
be increased beginning October 1, 2010, based on 75% of the Consumer Price
Index. Initial capacity fees are due
within one year of the Agreement’s effective date. The City may purchase additional capacity in
100,000 gallon increments at the initial rate for up to five (5) years;
thereafter, additional capacity may be reserved at the then current capacity
fee. The City will also be responsible
for paying the cost of Phase 1 of the pipeline (estimated to be $2,200,000)
along Lantana Road from Military Trail to Congress Avenue to provide for the
initial flow. If additional water is
needed, a Phase 2 pipeline will be constructed from Jog Road to Military Trail
at an estimated cost of $3,400,000 which will be reimbursed by the City except
for $2,500,000 which will be the responsibility of the County, and which will
also be used to serve other County customers.
The City is also agreeing to make its best efforts to assist the County
in receiving a transfer of 1.6 MGD of non-renewed water withdrawal rights in
the City’s Consumptive Use Permit. The
term of the Agreement is 40 years and may be renewed for successive terms of
five (5) years each. The City may cancel
the agreement after ten (10) years with five (5) years’ notice and will be
entitled to a refund of capacity fees at the then current rate but only if the
County has the ability use the reserved capacity or to re-sell the capacity to
another entity. After 15 years, the
amount of the potential refund will be reduced annually by a carrying charge
equal to $0.13 per gallon increased annually by three-fourths of the CPI. District
3 (MJ)
3. Staff recommends
motion to approve:
A) a Budget Transfer of
$1,519,500 in the Water Utilities (WUD) Revenue Fund;
B) a downward Budget
Amendment of $1,549,500 in the Debt Service WUD Series 1985 Fund; and
C) an upward Budget
Amendment of $8,022,500 in the Debt Service WUD Series 2008 Fund.
SUMMARY: On March 11, 2008, The Board of County
Commissioners adopted a Resolution authorizing the issuance of up to $6,500,000
principal amount of Water and Sewer Revenue Refunding Bond, Series 2008 in
connection with the refunding of all of the County’s outstanding Water and
Sewer Revenue Bonds, Series 1985. Approval of this item will establish all the
budgetary accounts necessary to reflect the impact of the March 11, 2008
Resolution. Countywide (MJ)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to receive and file: Unilateral
Termination and Partial Release of Standard Potable Water
and Wastewater Development Agreement Due to Non-Renewal for the following
property owners:
Termination of Standard Development
Agreements
A) Palm
Beach Habilitation Center, Inc.
(District 6) 01-01103-000
B) Boos-Military, LLC (District 2) 02-01065-000
SUMMARY: The
terms and conditions for Standard and Non-Standard Development Agreements are
outlined in the Water Utilities Department’s Uniform Policies and Procedures
Manual (UPAP). Development Agreements
are valid for a period of five years and may be renewed for an additional five
years by paying an additional Mandatory Agreement Payment (MAP). If the additional MAP is not paid or the
Agreement has reached its ten-year expiration date, the Agreement is
terminated. This agenda item recommends the Board receive and file the attached
terminations. Countywide (SF)
5. Staff recommends
motion to receive and file: seven (7) Standard Development Agreements
and one (1) Standard Development Renewal Agreement complete with executed
documents received during the months of February and March 2008:
Standard
Development Agreement
A) 8190
Investors, LLC (District 6) 01-01206-000
B) Tidal
Wave Management Corp and Tidal Wave
Development Corp (District 6) 01-01207-000
C)
Lantana Plaza Development, LLC and
EMM
Enterprises Two, LLC (District 3) 02-01119-000
D) Atlantis
Reserve, LLLP (District 3) 02-01120-000
E) GKK-Hagen
Ltd. (District 3) 05-01090-000
F) Kerekes
Land Trust No. 9 U/A dtd 6/11/92 (District 3) 05-01095-000
G) GKK-Hagen Ltd. (District 3) 05-90012-000
Standard
Development Renewal Agreement
H) Richard
S. Pribell (District 3) 05-01052-R00
SUMMARY: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements (R93-1619);
reclaimed water agreements (R96-0228); and additional conditions for potable
water, wastewater, and reclaimed water agreements (R2003-0539). After these agreements are executed by the
developer and the Department, they must be recorded by the County Clerk’s
Office. This agenda item recommends the Board receive and file the agreements
so they may be properly recorded. Countywide (SF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Contract with
InWater Research Group, Inc. (IRG), a not-for-profit corporation, in an amount
not-to-exceed $47,848 for a permit-required study to evaluate sea turtles on
nearshore reefs;
B) approve Contract with IRG, in an amount not-to-exceed $88,120
for a sea turtle population study in the Lake Worth Lagoon (LWL); and
C) authorize the County Administrator, or his designee, to sign all
future time extensions, task assignments, certifications, and other forms
associated with the Contracts, and necessary minor amendments that do not
change the scope of work or terms and conditions of the Contracts.
Summary: These studies will evaluate the sea
turtle populations on the nearshore reefs and in the Lake Worth Lagoon
(LWL). Nearshore reef sea turtle
population studies are part of permit-required monitoring for current and
future shoreline protection projects, including the Juno Beach Nourishment,
Jupiter Carlin Nourishment, and the Singer Island Erosion Control Project. The
LWL Management Plan recommends evaluating sea turtle populations in the LWL to
provide information on the status of LWL environmental restoration
efforts. IRG will collect data for the
County by visual transects (nearshore reefs) and netting (LWL). The IRG Contracts authorize quarterly sea
turtle monitoring events after a Notice to Proceed. The Contract for nearshore reef monitoring
expires April 30, 2012 and the Contract for LWL monitoring expires January 15,
2011. Districts 1, 2, 3, 4 & 7 (SF)
2. Staff recommends
motion to approve:
A) Amendment No. 2 to the State of Florida Agreement No. LP6077
with the Florida Department of Environmental Protection (FDEP) (R2006-0579) to
extend the Agreement period to December 31, 2010, and to provide for a $750,000
reimbursement increase from $2,050,000 to $2,800,000 for projects in the
Capital Outlay Fund, within the Chain of Lakes System; and
B) Budget Amendment of $750,000 in the Capital Outlay Fund to
recognize the Grant Amendment revenues and increase the Environmental
Enhancement Project.
Summary: The FDEP Agreement will reimburse
$750,000 of these costs and requires a $750,000 cost share through a
combination of match and in-kind funds.
The FDEP Agreement will reimburse $367,692 for Palm Beach County
Engineering and Public Works Department (Towns of Cloud Lake and Glen Ridge
Infrastructure Improvements); $240,000 for Palm Beach County Environmental
Resources Management (Lake Ida Restoration Project); $75,000 for Chain of Lakes
Monitoring Studies, and $67,308 for Grant Administration. This Agreement is part of the State
Legislature’s disbursement of funds for restoring and protecting surface waters
of the State. The funds are being
allocated and managed under the Chain of Lakes Partnership Grant Program. The budget documents will establish funding. Countywide (SF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement with ACCESSPORTAMERICA, INC. to develop and implement outrigger canoeing
and windsurfing programs for people with disabilities. SUMMARY: This Agreement provides for the development
and implementation of an outrigger canoeing and windsurfing program with
instruction for citizens with disabilities in Palm Beach County. ACCESSPORTAMERICA,
INC. will provide the County with boats, equipment and instructors. The County will provide assistance with
supervision of program, docks and a storage area within Okeeheelee Park. This Agreement is for one (1) year with the
option to renew on an annual basis if agreed upon by both parties. ACCESSPORTAMERICA, INC. will provide
instruction to the Therapeutic Recreation Section program participants free of
charge. District 6 (AH)
2. Staff recommends
motion to approve: Agreement
with Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) for the
period May 6, 2008, through December 30, 2008, in an amount not-to-exceed
$7,000 for funding of Kids Cultural Club programs. SUMMARY: This funding is to help
offset costs for Kids Cultural Club programs sponsored by EPOCH at the Spady
House Cultural Heritage Museum and the Delray Full Service Center. Approximately 300 children and youth
participate in these programs. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to October 1, 2007. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
3. Staff recommends
motion to approve: Agreement
with Palm Beach Shakespeare Festival, Inc. (PBSF) for the period May 6, 2008,
through December 30, 2008, in an amount not-to-exceed $25,000 for funding of “A
Comedy of Errors” at Sunset Cove Amphitheatre.
SUMMARY: This funding is to assist with expenses for the PBSF
performance of “A Comedy of Errors”, to be presented at Sunset Cove
Amphitheatre from July 10-13, July 17-20, and July 24-27, 2008. The play is
anticipated to be viewed by approximately 18,000 people. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to May 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. District 5 (AH)
4. Staff recommends
motion to approve: Agreement
with The Lake Worth Playhouse, Inc. for the period May 6, 2008, through
September 30, 2008, in an amount not-to-exceed $5,000 for funding of 2008
children’s programming. SUMMARY: This
funding is to help offset costs for children’s programming at The Lake Worth
Playhouse for at-risk children. The
children’s programming serves approximately 35 at-risk children who attend the
Lake Worth Empowerment Center. The Agreement allows for the reimbursement of eligible
expenses incurred subsequent to October 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
5. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period May 6, 2008, through December 1,
2008, in an amount not-to-exceed $5,000 for the 2008 Delray Beach Sister Cities
Safari Dinner Event. SUMMARY: This funding is to offset the cost of
2008 Delray Beach Sister Cities Safari Dinner Event held by the City of Delray
Beach on April 26, 2008. The event was
attended by approximately 175 people.
The Agreement allows for the reimbursement of eligible project costs incurred
subsequent to January 1, 2008. Funding
is from the Recreation Assistance Program (RAP) District 7 Funds. District
7 (AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to approve: Agreement
with Palms West Chamber of Commerce, Inc. for the period May 6, 2008, through
June 1, 2008, in an amount not-to-exceed $10,000 for funding of the SalsaFest
Event. SUMMARY: This funding is to help offset costs
incurred by the Palms West Chamber of Commerce for the SalsaFest Event held at
Greenacres Community Park on November 3, 2007.
Approximately 7,500 people participated in the event. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to October 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 2 Funds. District
2 (AH)
7. Staff recommends
motion to approve: Agreement
with Ann Norton Sculpture Gardens, Inc. for the period May 6, 2008, through
January 30, 2009, in an amount not-to-exceed $10,000 for funding of the Artist
Studio Restoration and Archives Preservation Project. SUMMARY: This funding is to assist
with the cost of the restoring the artist studio and preserving archives at the
Ann Norton Studio. Approximately 4,000 people visit the Ann Norton Sculpture
Gardens and Artist Studio annually. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to January 14, 2008. Funding is from the
Recreation Assistance Program (RAP) District 2 Funds. District 2 (AH)
8. Staff recommends
motion to approve: Agreement
with West Boca Youth Baseball, Inc. for the period May 6, 2008, through July 8,
2008, in an amount not-to-exceed $10,000 for funding of uniform expenses. SUMMARY:
This funding is to help offset the cost of baseball uniforms for the
West Boca Youth Baseball program. The
program serves approximately 500 youth. The Agreement allows for the
reimbursement of eligible project costs incurred subsequent to January 15,
2008. Funding is from the Recreation Assistance Program (RAP) District 5
Funds. District 5 (AH)
9. Staff recommends
motion to approve: Agreement
with Adolph and Rose Levis Jewish Community Center, Inc. for the period May 6,
2008, through December 30, 2008, in an amount not-to-exceed $20,000 for funding
of Camp Kavod 2008. SUMMARY: This funding is to assist with expenses for
Camp Kavod 2008 offered by the Adolph and Rose Levis Jewish Community
Center. This non-denominational summer
camp program serves approximately 50 special needs children. The Agreement allows
for the reimbursement of eligible project costs incurred subsequent to June 1,
2008. Funding is from the Recreation
Assistance Program (RAP) District 5 Funds.
District 5 (AH)
10. Staff recommends
motion to receive and file: First Amendment to Agreement (R2008-0078)
with Palm Beach County XXtreme Heat, Inc. for Girls U14 traveling basketball
team tournament expenses. SUMMARY: This
fully executed First Amendment to Agreement in an amount not-to-exceed $12,100
extends the project completion date from November 30, 2007, to April 1, 2008,
and the term of the Agreement from March 1, 2008, to April 1, 2008, in order to
allow additional time to accommodate dates of payment and completion of the
reimbursement process. 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, remain the same.
Funding for the project is from the Recreation Assistance Program (RAP)
District 7 Funds. District 7
(AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to approve:
A) First Amendment to Agreement (R2007-1152) with the City of Belle Glade
for Airport Park Improvements to increase funding from $57,015 to $200,000; to
extend the project completion date from September 30, 2008, to March 30, 2009,
and the reimbursement request date from December 30, 2008, to June 30, 2009;
and to provide a revised Exhibit A and cost estimate;
B)
a Budget Transfer of
$142,985 in the Transportation Improvement Fund from Reserve for District 6 to
the County Transportation Trust Fund;
C)
a Budget Transfer of
$142,985 in the Transportation Trust Fund increasing the annual transfer from
the Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D) a Budget Transfer of $142,985 in the General Fund decreasing the annual
transfer to the County Transportation Trust Fund and increasing the annual
transfer to the Park Improvement Fund; and
E) a Budget Amendment of $142,985 in the Park Improvement Fund increasing
the annual transfer from the General Fund and increasing the appropriation to
the District 6 Recreation Assistance Program (RAP).
SUMMARY:
This Amendment
increases the amount of funding for the Airport Park Improvements project by
$142,985 for a total project amount not-to-exceed $200,000, extends the project
completion date from September 30, 2008, to March 30, 2009 and the
reimbursement request date from December 30, 2008, to June 30, 2009. The Amendment also allows for the expansion
of project elements and an increase in the project cost estimate. All other terms of the Agreement remain the
same. The budget transfers and budget
amendment increase the gas tax support and decrease the ad valorem support of
the County Transportation Trust Fund, thereby allowing for the allocation of
the available ad valorem support to the District 6 Recreation Assistance
Program (RAP). At the November 21, 2006
Board meeting, the flexibility of up to $200,000 per year in Transportation
Improvement Fund transfers was approved for this purpose. With the approval of this project, the
remaining balance available in transfers for District 6 for Fiscal Year 2008
will be $57,015. District 6 (AH)
12. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of March:
A) Ken Nemet, United States
Master’s Swim Team Coach, Lake Lytal Pool;
B) Cooperative Martial Arts, Inc.,
Martial Arts Instructor, Coconut Cove Recreation Center; and
C) 3D Diving, Inc., Competitive
Diving Team Coach, North County Aquatic Complex.
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
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts 1, 2 & 5 (AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
13. Staff recommends
motion to:
A) ratify the signature of the Chairperson of the Board of County
Commissioners on a Waterways Assistance
Program Grant application, submitted to Florida Inland Navigation
District (FIND) on March 25, 2008, requesting $987,000 for the DuBois Park
Marina and Shoreline Stabilization project;
B)
adopt Resolution for assistance under the FIND Waterways
Assistance Program for grant funding for DuBois Park Marina and Shoreline Stabilization project in the amount of $987,000;
C) authorize the County
Administrator or his designee to execute the funding Agreement, as well as task
assignments, certifications, standard forms, or amendments to the Agreement
that do not change the scope of work or terms and conditions of the Agreement,
if the grant is approved; and
D)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with FIND for this project.
SUMMARY: This grant application requests up to
$987,000 from the FIND Waterways Assistance Program (WAP) for construction of
the DuBois Park Marina and
Shoreline Stabilization project. This project includes construction of
24 dock slips along the peninsula,
renovating the dock slips at Zeke’s Marina, repairing the existing
single concrete boat ramp, shoreline revetment and stabilization and
construction of an approximately one acre snorkeling area. The total cost of the project is estimated at
$3,548,435. The balance of the project
will be funded by the 2004 $50 Million
Waterfront Access and Preservation General Obligation Bond Issue and, if
awarded, a proposed $500,000 Florida Fish & Wildlife 2008/2009
Florida Boating Improvement Program grant.
District 1 (AH)
14. Staff recommends
motion to receive and file:
A) a fully executed Addendum I to Grant Contract (R2007-2045) for the Florida
Communities Trust (FCT) grant to fund the acquisition of the 1.10 acre
waterfront Susan DuBois Kindt Estate, extending the contract expiration date
from October 1, 2007, to April 1, 2008; and
B) a fully executed Addendum II to Grant Contract (R2007-2045) for the Florida
Communities Trust (FCT) grant, extending the contract expiration date from
April 1, 2008, to July 15, 2008.
SUMMARY:
On July 11, 2006,
the Board authorized submission of an FCT grant (R2006-1315) in the amount of
$2,500,000 to help fund the acquisition of the 1.10 acre waterfront Susan
DuBois Kindt Estate. The Board also
authorized the County Administrator or his designee to execute all future time
extensions of the FCT grant and authorized the Parks and Recreation Department
Director to serve as Liaison Agent with FCT for the grant project. On December 5, 2006, the State of Florida Department
of Community Affairs awarded an FCT grant of up to $2,500,000 to Palm Beach
County. Due to lengthy negotiations with
the executor of the estate and ongoing due diligence issues, a five (5) month
and subsequent three (3) and a half (1/2) month time extensions were
requested. Pursuant to the delegated
authority and acting as the Liaison Agent, Department Director, Dennis
Eshleman, signed the Addendums on behalf of the Board of County Commissioners. District 1 (AH)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
15. Staff recommends
motion to approve:
A) Budget Transfer of $140,000 in the $25M GO
Parks and Cultural Improvements Bond Fund - 2005 from West Delray/Boynton
District Park to Morikami Yamato-Kan Improvements;
B) Budget Transfer of $460,000 in the $25M GO
99A, Recreation & Cultural Bond Fund from South County Regional Park Phase
III to Morikami Yamato-Kan Improvements; and
C) Budget Transfer of $460,000 in the Park
Impact Fees Zone 3 from Morikami Park Additional Park Areas ($38,456), Morikami
Resource Center and Infrastructure Improvements ($57,371), Morikami Museum
Kiosk ($4,480), Morikami Museum and Garden Improvements ($234,693), and Reserves for Morikami Park
Improvements Phase III ($125,000) to South County Regional Park Phase III.
SUMMARY: These budget transfers are necessary to fund
required improvements to the Yamato Kan, the original Morikami Museum which
opened in 1978, to accommodate the installation of the Japan Through the Eyes of a Child exhibit. The improvements include renovating interior
spaces, as well as enhancing security and signage. District 5 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: an Amendment
to the Interlocal Agreement (R2007-0332) in the amount of $100,000 and an
extension from April 23, 2008 to April 22, 2009 with Florida State University as
a partner to perform the second year evaluation of the Youth Violence
Prevention Project. SUMMARY: On February 27, 2007, the Board of County
Commissioners approved the Criminal Justice Commission to develop a comprehensive evaluation of
the Youth Violence Prevention Project, including the commitment to participate
from Florida State University’s Center for Criminology and Public Policy
Research. The six (6) month update was presented on June 19, 2007. On April 22,
2008, the first year evaluation was presented to the Board of County
Commissioners. Countywide (DW)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends
motion to:
A) ratify the Chairperson’s signature
approving a grant application to the U.S. Department of Homeland Security’s
(DHS) 2008 Assistance to Firefighters Grant Program in the amount of
$1,749,400, including a local match of $349,880; and
B) authorize the County Administrator, or his designee (Division
Chief of Training), to act as the County’s representative for the purpose of
electronically signing and submitting the Grant Application via the DHS/FEMA
website.
Summary: The 2008 Assistance to Firefighters Grant
(AFG) Program is a competitive Grant Program designed to provide financial
assistance to fire departments and nonaffiliated Emergency Medical Services
organizations to enhance their capabilities with respect to fire and
fire-related hazards and meet their firefighting and emergency response
needs. This grant funds activities under
their Fire Department Firefighter Operations and Safety Program such as
training, equipment, Personal Protective Equipment (PPE), wellness and fitness,
and modifications to fire stations and facilities. If awarded this grant, funds would be used to
purchase 327 National Fire Protection Agency (NFPA) 1981 2007 compliant Self
Contained Breathing Apparatus (SCBA), one (1) PosiCheck flow testing machine
and one (1) Portacount quantitative fit testing machine. The grant rules require submission of grant
applications by electronic format in order to assure an efficient review and
competitive scoring of all funding requests submitted under this Program. The deadline for submission of this grant
application to the grantor agency was April 4, 2008. Due to the preparation time, submittal
deadlines, and BCC meeting dates, the grant had to be submitted prior to full
Board approval. Countywide (SB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends
motion to approve: Amendment No. 1 to Statement of Work
(R2007-1383) pursuant to Contract with CGI-AMS (R2002-1782), extending
effective date through July 30, 2008 and modifying the delivery schedule dates,
at no additional cost to the County. Summary: The Amendment No. 1 will provide
additional time for CGI-AMS to complete requirements of Statement of Work which
will add functionality to various modules in the Advantage System as approved
by the Financial System Administration Team (FSAT). Countywide (PK)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: standard agreements with the various
on-call licensed veterinarians to provide services for shelter animals at
Animal Care & Control:
A) Michael E Geraghty, D.V.M. d/b/a Pet Emergency Palm
Beach County not-to-exceed $10,000 for the period of October 1, 2007, through
September 30, 2008;
B) Diana L. Alexander-Burke, DVM not-to-exceed
$10,000 for the period of October 1, 2007, through September 30, 2008;
C) Raphael Gilbert, DVM, not-to-exceed $10,000 for the
period of October 1, 2007, through September 30, 2008; and
D) Peter Davis, DVM, d/b/a PETHAV’N, Inc. not-to-exceed
$78,750 for the period of January 28, 2008, through September 30, 2008.
SUMMARY: On May 6, 1997, the Board adopted a
resolution authorizing the County Administrator or his designee to execute standard
contracts with various Florida licensed veterinarians to provide needed
part-time, relief and emergency “on-call” professional medical services for
shelter animals. Countywide (SF)
AA. PALM
TRAN
1. Staff recommends
motion to adopt: a Resolution authorizing Palm Tran to file a
Transportation Disadvantaged (TD) Trip and Equipment Grant Application in the
estimated amount of $2,334,731. SUMMARY:
The State of Florida Commission for the Transportation Disadvantaged
(CTD) annually makes funds available to Community Transportation Coordinators
(CTCs) through the Transportation Disadvantaged Trip and Equipment Grant
Program. The Grant cycle runs from July 1, 2008, through June 30, 2009. Palm Beach County has been allocated funds
for FY 2008/2009: Trip and Equipment
Grant: $2,331,714; Total State Grant: $2,098,543; Local Match: $233,171; Voluntary Dollar Contributions:
$2,743; In-Kind Match for Voluntary Dollar:
$274; Total Grant: $2,334,731.
The local match has already been budgeted in Palm Tran’s proposed FY
2009 operating budget. Countywide
(DR)
BB. INTERNAL
AUDITOR
1. Staff recommends
motion to approve:
A)
Amendment No. 4 to the Contract (R2004-1796) with Joseph Bergeron, Internal
Auditor; extending said contract for one (1) additional year ending on August
16, 2011; and
B)
recommendations of the Audit Committee for salary adjustment for the period
August 17, 2008, through August 16, 2009.
Summary: The
Audit Committee, at its March 12, 2008 meeting, unanimously approved recommending a 5% salary
adjustment, the same percentage increase provided to other County employees for
FY 2008 and a one (1) year extension of the Internal Auditor’s
Contract. The Audit Committee’s
recommendations result in a salary of $142,447 and a contract expiration date
of August 16, 2011. This item is
presented to the Board at this time to comply with the ninety (90) day notice
requirement of the Contract. Countywide (PFK)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, donations from the citizens of Palm Beach
County held in trust by the Police Athletic League in the amount of $75,081 for
the Palm Beach County Sheriff’s Office Community Events Program; and
B) approve
a Budget Amendment of $75,081 in the Sheriff’s Grant Fund.
SUMMARY: Citizens of Palm Beach County have donated
funds for the Palm Beach County Sheriff’s Office (PBSO) Community Events
Program. The Police Athletic League (PAL) has held all funds collected in trust
for the PBSO. PBSO requested and
received the funds from PAL to purchase supplies and materials for several community
events. A Budget Amendment is needed to
acknowledge the donated funds. There is no match requirement associated with
this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a donation from Manucy and Associates, Inc.
in the amount of $5,000 for the Palm Beach County Sheriff’s Office equipment
for Law Enforcement Program; and
B) approve a Budget Amendment of $5,000 in the
Sheriff’s Grant Fund.
SUMMARY: On October 12,
2007, the Palm Beach County Sheriff’s Office (PBSO) received a donation from
Manucy and Associates, Inc. of West Palm Beach, Florida. The funds provided will be used by PBSO to
purchase equipment for law enforcement. A Budget Amendment is needed to
acknowledge the donated funds. There is
no match requirement associated with this award. No
additional positions are needed and no County funds are required. Countywide (DW)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office donations from the citizens of Palm Beach
County held in trust by the Safety Council of Palm Beach County to the Palm
Beach County Sheriff's Office Florida Child Seat Distribution Program in the
amount of $12,553; and
B) approve a Budget Amendment of $12,553 in the
Sheriff’s General Fund.
SUMMARY: On
August 21, 2006, the Florida Department of Transportation (FDOT) awarded the
Palm Beach County Sheriff’s Office (PBSO) the Florida Child Seat Distribution
Program Grant. Under this grant, the
FDOT distributed child safety seats, inspection station supplies and
educational materials directly to the PBSO.
The PBSO served as the central point of contact for the distribution of
the approved materials. The fourth and
final year of the program was designed to be self-sufficient from the donations
collected from the individuals receiving child safety seats. On December 4, 2006, PBSO entered into an
agreement with the Safety Council of Palm Beach County (SCPBC) for the SCPBC to
hold all funds collected in trust for the PBSO.
PBSO requested and received the funds from SCPBC to purchase safety
seats, related equipment, and safety materials.
There is no additional allocation needed, no matching funds required,
and no additional County funds are required. Countywide (DW)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
4. Staff recommends
motion to:
A)
accept on behalf of the Palm Beach County Sheriff’s Office a Florida Department of Law Enforcement,
State Homeland Security Grant for the Palm Beach County Sheriff’s Office
Forensic Response Team Build-Out in the amount of $48,278 for the period of January 1, 2008,
through September 30, 2008; and
B) approve a Budget Amendment of $48,278 in the Sheriff’s
Grant Fund.
SUMMARY: On February 8, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
Florida Department of Law Enforcement (FDLE) to purchase equipment and supplies to implement Florida’s Domestic
Security Strategic Plan. These funds and
related equipment, which have been approved by FDLE for purchase, will enable
law enforcement to actively and safely conduct criminal investigations in Chemical,
Biological, Radiological/Nuclear, and Explosive (CBRNE) environments. There is no match requirement associated with this
award. No additional positions are needed and no County funds are required. Countywide (DW)
5. Staff recommends
motion to:
A)
accept on behalf of the Palm Beach County Sheriff’s Office a Florida Department of Law Enforcement,
State Homeland Security Grant for the Palm Beach County Sheriff’s Office SWAT
and EOD Sustainment Project in the amount of $42,455 for the period of January 1, 2008, through September 30, 2008; and
B) approve a Budget Amendment of $42,455 in the
Sheriff’s Grant Fund.
SUMMARY: On February 8, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
Florida Department of Law Enforcement (FDLE) to purchase equipment and supplies to implement Florida’s Domestic
Security Strategic Plan. These funds and
related equipment, which have been approved by FDLE for purchase, will be used
to enhance the region’s and the State of Florida’s SWAT and EOD capability and
capacity to prevent and respond to Weapons of Mass Destruction (WMD) Chemical,
Biological, Radiological/Nuclear, and Explosive (CBRNE) threats and attacks through updated technologies and equipment.
There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Florida Department of Law Enforcement,
State Homeland Security Grant for the Palm Beach County Sheriff’s Office SWAT
and EOD Build-Out in the amount of $189,735 for the period of January 1, 2008 through September 30, 2008;
B) approve a Budget Amendment of $189,735 in the
Sheriff’s Grant Fund.
SUMMARY: On February 8, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award from the
Florida Department of Law Enforcement (FDLE) to purchase equipment and supplies to implement Florida’s Domestic
Security Strategic Plan. These funds and
related equipment, which have been approved by FDLE for purchase, will be used
to enhance the region’s and the State of Florida’s SWAT and EOD capability and
capacity to prevent and respond to Weapons of Mass Destruction (WMD) Chemical,
Biological, Radiological/Nuclear, and Explosive (CBRNE) threats and attacks through updated technologies and equipment.
There is no match requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
7. Staff recommends
motion to receive and file: a Grant Adjustment Notice amending the Department of Justice Office of
Justice Programs Edward Byrne Memorial Discretionary grant, for the
Multi-Agency Violent Crimes Strategy, to extend the ending grant period from
September 30, 2008, to March 31, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for
$1,650,000 on November 6, 2007; the original period for this grant was October
1, 2007, through September 30, 2008 (R2007-2051). This agenda item will extend
the grant period from September 30, 2008, to March 31, 2009. The
objective of this program is to
create safer communities by reducing the violence and gang problem in Palm
Beach County through the coordinated law enforcement response informed by data
and real-time intelligence. The Palm Beach County Sheriff’s Office has been
given an extension to allow the grant funds to be fully expended. No additional positions are needed and no County
funds are required. Countywide
(DW)
8. Staff recommends
motion to receive and file: a Grant Adjustment Notice amending the Florida Department of Law
Enforcement Office of Criminal Justice grant to extend the ending grant period
for the Palm Beach Sheriff Office Bomb & SWAT Build-Out. SUMMARY: The Board of County Commissioners (BCC) accepted
this grant for $33,505 on September 11, 2007; the original period for this
grant was June 1, 2007, through January 31, 2008 (R2007-1572). This agenda item
will extend the grant period from January 31, 2008, to September 30,
2008.
The objective of this program is to maintain specialized equipment and replace items that have exceeded
their useful lifespan for Bomb and SWAT teams.
The Palm Beach County
Sheriff’s Office has been given an extension to allow the grant funds to be
fully expended. No
additional positions are needed and no County funds are required. Countywide (DW)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
DD. SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: the
Redistricting of the Palm Beach County Republican Executive Committee Districts
pursuant to Section 103.091(1), Florida Statutes. SUMMARY: The redistricting was necessary to
equalize the number of registered voters in the districts. The last time redistricting was done was in
2003. Countywide (LSJ)
* * * * * * * * * * * *
MAY 6, 2008
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring May 11 – 17, 2008 as “Women’s Lung Health Week” in Palm Beach
County. (Sponsored by Commissioner
Greene)
B. Proclamation
declaring May 2008 as “Clean Air Month” in Palm Beach County. (Sponsored by Commissioner Koons)
C. Certificate
of Appreciation to Robert Higgins for his professional and exceptional
participation as a member of the Palm Beach County Groundwater & Natural
Resources Protection Board, 1985 to 2007.
(Sponsored by Commissioner Kanjian)
D. Proclamation
declaring May 2008 as “Workforce Development Professionals Month” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
E. Proclamation
declaring May 2008 as “Drug Court Month” in Palm Beach County. (Sponsored by Commissioner Koons)
F. Proclamation recognizing
the Palm Beach County Disaster Preparedness Conference for Persons with Disabilities. (Sponsored by Commissioners Kanjian)
G. Proclamation
declaring May 5 – 11, 2008 as “Building Safety Week” in Palm Beach County. (Sponsored by Commissioner Greene)
H. Proclamation
declaring May 10, 2008 as “World Lupus Day” in Palm Beach County. (Sponsored by Commissioner McCarty)
I. Proclamation
declaring May 12 – 19, 2008 as “Nurses Week” in Palm Beach County. (Sponsored by Commissioner Aaronson)
J. Proclamation
declaring the week of May 4 – 10, 2008 as “National Goodwill Week” in Palm
Beach County. (Sponsored by Commissioner
McCarty)
K. Proclamation
declaring May 12, 2008 as “St. Mary’s Medical Center Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
L. Certificates of Appreciation to the
Safe Harbor Animal Hospital Fire First Responders
M. Presentation
of Lord’s Place Unsung Hero/Heroine Award to Palm Beach County Homeless
Outreach Team.
* * * * * * * * * * * *
MAY 6, 2008
5. PUBLIC
HEARING – 9:30 A.M. (Motion to receive
and file: Proof of Publication)
A. Staff recommends motion to:
A) conduct a public hearing on a Resolution of the Board of County Commissioners of Palm Beach County authorizing the expansion of the geographic area of the county seat of Palm Beach County beyond the corporate limits of the City of West Palm Beach to include specifically designated parcels; and
B) approve advertising for and the holding of a second public hearing on May 20, 2008 at 9:30 a.m., for final adoption of said Resolution.
SUMMARY: Article 8, Section 1(k) of the Constitution of the State of Florida (1968), requires the principal offices and permanent records of all county officers are to be located in the county seat of Palm Beach County. Over the course of time, the principal offices and/or permanent records retention facilities of several county officers have migrated beyond the geographic boundaries of the City of West Palm Beach. This Resolution ensures continuing compliance with the law. Countywide (JCM)
* * * * * * * * * * * *
MAY
6, 2008
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
May 20, 2008 at 9:30 am: an Ordinance of
the Board of County Commissioners of Palm Beach County, Florida, amending
Ordinance 2007-006, revoking the ad valorem tax exemption granted to Florida Turbine Technologies, Inc.; providing
for title; providing for enactment authority; providing for revocation of
exemption/recovery of funds; providing
for repeal of laws in conflict; providing for severability; providing for
inclusion in the Code of Laws and Ordinances; and providing for an effective
date. SUMMARY: The Board adopted Ordinance 2007-006 Economic
Development Ad Valorem Tax Exemption Ordinance with Florida Turbine
Technologies, Inc. on May 15, 2007. The
Ordinance provided a four (4) year exemption for 100% of the assessed value of
all qualifying tangible personal property acquired and added improvements to
real property, excluding land. While
Florida Turbine Technologies, Inc. has successfully contracted for the design,
development and manufacturing of missile aerospace technology, they were unable
to create and retain the required number of jobs in 2007. They received a tax exemption of $23,104.43
for 2007. Due to their failure to
achieve the job creation/retention goals, they have submitted these funds in
payment of the applicable tax. Countywide
(DW)
B. CLERK
& COMPTROLLER
1. Staff recommends
motion to receive and file: Presentation of the Palm Beach County
Comprehensive Annual Financial Report (CAFR) for fiscal year ending September
30, 2007. SUMMARY: The
Clerk & Comptroller’s office will provide a year-end financial review based
on the Palm Beach County Comprehensive Annual Financial Report (CAFR) for 2007. Countywide (PFK)
C. COUNTY
ATTORNEY
1. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on May 20, 2008 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Sections 2-80.21 through 2-80.34 of the Palm Beach County Code, which codified Ordinance No. 2002-064, as amended by Ordinance No. 04-071 and Ordinance No. 05-048, and established the Small Business Enterprise Program; providing for definitions; providing for methods to achieve goals; providing for contract compliance requirements; providing for ranking of responsive bidders; providing for suspension debarment; providing for prompt payment; providing for procurement procedures; providing for SBE eligibility standards; providing for determination of a commercially useful business function; providing for application review procedures; providing for denial of certification; providing for resolution of appeals; providing for denial of recertification; providing for decertification; providing for hearing before a Special Master; providing for M/WBE Certification; providing for Small Business Advisory Committee; providing for repeal of laws in conflict; providing for deletion of referral for suspension or debarment; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: Changes to the SBE Ordinance are recommended to create a certification appeal process and provide further clarity in the Ordinance. Countywide (TKF)
MAY
6, 2008
6. REGULAR
AGENDA
C. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve:
A) $70,000 increase in allocation of funds for expert litigation services, including certified appraisers, architects, land planners, and other experts necessary for the defense of the pending inverse condemnation lawsuit styled Mizner Trail Golf Club, Ltd., a Florida limited partnership, Plaintiff v. Palm Beach County, Florida, Defendant, Fifteenth Judicial Circuit, Case No. 2006CA004094XXXXMBAO. The payment of expert witness and consultants includes compensation for litigation services, the reimbursement of reasonably incurred expenses, and the reimbursement of reasonable litigation costs. The total amount of expert witness and consultant fees and costs will not exceed $420,000 ($350,000 initial allocation and $70,000 increase); and
B) Budget transfer of $70,000 in the General Fund from Contingency Reserves to the General Government – Expert Witness Fee line.
SUMMARY: The funding for expert witnesses, consulting,
and litigation support services are reasonable and necessary for the County to
properly and competently defend itself in the Mizner litigation. To the extent any portion of the allocated
funds are unused during the pendency of the litigation, the remaining funds
will be carried over to Fiscal Year 2008 or returned to General Fund upon
conclusion of the litigation. District
4 (ATP) (County Attorney)
D. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve a Management Plan for the Pine Glades Natural Area; and
B) authorize the Chairperson to sign Deeds of Conservation Easement
to the South Florida Water Management District (SFWMD) and The Nature
Conservancy (TNC) on behalf of the County, provided that the Deeds of
Conservation Easement for the Pine Glades Natural Area do not substantially
change the terms and conditions of the form Deed of Conservation Easement as
previously approved by the Board on September 13, 2005 (R2005-1770).
Summary: The Pine
Glades Natural Area Management Plan (Plan) was developed by the Department of
Environmental Resources Management (ERM).
The Plan provides guidelines for proposed land management activities and
public use facilities development on the Pine Glades Natural Area. It was recommended for approval by the
Natural Areas Management Advisory Committee (NAMAC) on August 17, 2007, after
careful consideration of public comments received at a public hearing held on
July 25, 2007. The Pine Glades Natural
Area is comprised of approximately 6,413 acres. This site was acquired by
purchases in 1999, 2000, 2001, 2004 and 2005, a conservation easement for deed
exchange in 2005, and acquisitions made through eminent domain proceedings in
2005 and 2006. Funds for the acquisitions
were provided from the Palm Beach County Environmentally Sensitive Lands Bond
Issue Referendum of March 12, 1991, the Palm Beach County Lands for
Conservation Purposes Bond Issue Referendum of March 9, 1999, the County’s
Natural Area Stewardship fund, and from matching funds from the Florida
Communities Trust. This site will be managed by ERM as part of the County’s
Natural Areas System, which is currently comprised of 36 sites. District 1 (SF)
MAY
6, 2008
6. REGULAR
AGENDA
E. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff request Board
direction: regarding a request
from the Boys & Girls Clubs of Palm Beach County for donation of
approximately 2.5 acres of the County’s Haverhill Linear Park property. Summary: The County accepted a 24 acre parcel of
property, commonly known as Haverhill Linear Park, from the Town of Haverhill
in May of 2007. It is a 210' wide strip
extending from Belvedere Road to Southern Boulevard. At that time, the Board directed Staff to
explore options for development of workforce housing on this property. The Boys & Girls Club has been attempting
to site a new facility to replace its existing facility on 6th
Street, just north of Belvedere Road.
Staff has been working with the Boys & Girls Club to determine
whether Boys & Girls Clubs could be accommodated on the Linear Park
Property without substantially reducing the number of workforce housing units
which could be developed. Staff has completed
a preliminary analysis and conceptual site plan which indicates that Boys &
Girls Clubs can be accommodated with only minimal impact on the number of units
which could be developed. The Boys &
Girls Clubs is requesting the Board provide confirmation that the Board is
willing to donate property to Boys & Girls Clubs for development of its new
facility at this location. The facility
would be similar to the recently constructed facility in Wellington and include
a full size gym, game rooms, computer lab and dance studio, as well as outdoor
play areas. (PREM) District 6 (HJF)
F. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve on preliminary
reading and advertise for Public Hearing on May 20, 2008 at 9:30 a.m.: an ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
the Palm Beach County Unified Land Development Code, Ordinance 2003-67, as
amended, by amending Article 13, concerning countywide impact fee amounts and
regulations, as follows: amending Chapter A – to adjust administrative fees and
to allow for certain public building impact fee credits; amending Chapter E –
to adopt the most recent methodology and to decrease the law enforcement impact
fees where appropriate; amending the following Chapters to adopt the most
recent methodology and to maintain impact fees at their current amounts:
Chapter B – County district, regional, and beach parks impact fee; Chapter C –
Fire Rescue impact fee; Chapter D – Library impact fee; Chapter F – Public
buildings impact fee; Chapter H – Road impact fees; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Unified Land Development Code; providing for an effective date. Summary: Under Article 13.A.5.F of the ULDC, the
Impact Fee Manager shall undertake a study of the Impact Fee system every two
(2) years and recommend to the Board of County Commissioners whether any
changes should be made to the fee schedules to reflect changes in the factors
that affect the fee schedules. Dr. James
Nicholas, Impact Fee Consultant, has completed the study and prepared a final
report, The 2007 Update of Impact Fees
Prepared For Palm Beach County, January 5, 2008. Based upon the actions
taken, and direction given, by the Board of County Commissioners at its meeting
on April 15, 2008, the proposed Ordinance amending Article 13, ULDC, provides
for adjusting only those fee categories calculated in the consultant’s report
to decrease from their current adopted amounts. These reductions affect only
selected categories of the Law Enforcement impact fee, and are proposed to take
effect on August 20, 2008. In addition to fee adjustments, the proposed
Ordinance amending Article 13 contains two (2) policy revisions accepted by the
Board at its meeting on April 15, 2008: (1) to increase the allowable
administrative fee from 2% to 3.4%, the amount needed to cover the core cost of
administering the program; and (2) to create a public buildings credit provision
when civic sites are donated without specific, identified uses. This agenda
item authorizes advertisement of a Public Hearing on implementation of adjusted
impact fees and the other Ordinance amendments indicated. Countywide (LB)
* * * * * * * * * * * *
MAY 6, 2008
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Treasure Coast Regional Planning Council)
1. Staff recommends
motion to ratify: the
appointment of the following member from the Palm Beach County League of Cities
to replace Mayor David Lodwick as an Alternate on the Treasure Coast Regional
Planning Council (TCRPC):
Nominee Seat
No. Requirement
Councilman Terry Brown 7A Palm
Beach County Official
SUMMARY: The TCRPC consists of a total of 47
members: 19 regular and 19 alternates, which are elected officials; and nine
(9) members which are appointed by the Governor. Palm Beach County is represented as follows:
three (3) regular members and three (3) alternates must be members of the Palm
Beach County Board of County Commissioners (BCC); as well as, five (5) regular
and five (5) alternates, which are appointed by the Palm Beach County League of
Cities (League of Cities) who must be elected officials. In accordance with the
TCRPC policy, the BCC is required to ratify the League of Cities
appointments. At its regular meeting on
March 26, 2008, the League of Cities nominated Councilman Terry Brown from the
Town of Ocean Ridge to replace Royal Palm Beach Mayor David Lodwick on the
TCRPC. Countywide (RPB)
B. FIRE
RESCUE
(Fire Code
Board of Appeals and
Adjustments)
1. Staff recommends
motion to approve: the
reappointment of three (3) members to the Fire Code Board of Appeals and
Adjustments Committee for a three (3)
year term, beginning on May 18, 2008, through May 17, 2011:
Reappoint:
Nominee Category Seat No. Nominated By
James Bauman General
Contractor 1 Commissioner Koons
Commissioner
Greene
Commissioner
Marcus
Commissioner
McCarty
Commissioner
Kanjian
Ed Oliver Architect 4 Commissioner
Koons
Commissioner
Greene
Commissioner
Marcus
Commissioner
McCarty
Commissioner
Kanjian
Roy Pollack Fire
Alarm Contractor 7 Commissioner
Koons
Commissioner
Greene
Commissioner
Marcus
Commissioner
McCarty
Commissioner
Kanjian
Summary:
The Fire Code Board of Appeals and Adjustments is maintained in accordance
with the Palm Beach County Local Amendments to the Florida Fire Prevention Code
(Ordinance 2004-073). On February 15,
2008, a memo was distributed to the Commissioners requesting nominations
to this nine (9) member board (At-Large).
This Board is appointed by the Board of County Commissioners and members
serve three (3) year terms, with no limit on the number of terms an individual
may serve. No other nominations were
received. Countywide (SB)
MAY 6, 2008
7. BOARD
APPOINTMENTS
C. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
(Impact Fee Review
Committee)
1. Staff recommends
motion to approve: the
appointment of Jeffrey Naftal to the Impact Fee Review Committee to complete
the unexpired term of Matty Mattioli for the period May 6, 2008, through September
30, 2010. Summary: The
Impact Fee Review Committee consists of seven (7) members and three (3) alternate
members appointed by the BCC. The membership of the Committee includes three
representatives from municipalities, three representatives from the business
community, and one (1) member selected at-large. The alternate members include
one (1) representative from each of the categories above. An alternate member
shall be authorized to vote in place of an absent voting member appointed from
the same category and shall count toward a quorum. This agenda item provides
for the appointment of Jeffrey Naftal to complete the unexpired term of Matty
Mattioli, Seat No. 3: Municipal representative. Mr. Mattioli has resigned from the Impact Fee
Review Committee for personal reasons. Mr. Naftal is currently serving as an
alternate member of the Committee. Countywide (LB)
MAY 6, 2008
7. BOARD
APPOINTMENTS
D. PALM
TRAN
(Palm Tran Service Board)
1. Staff recommends
motion to approve: reappointment of six (6) at-large members
from the following category to the Palm Tran Service Board:
Category &
Nominee Seat
Number Term to Expire Nominated By
Leonard
Tashman Representative with 5/17/2010 Comm. Greene
Transportation Experience Comm. Marcus
Seat No. 1 Comm. Koons Comm.
Kanjian
Trudy McConnell Environmental
Advocate 5/17/2010 Comm. Greene
Seat No. 3 Comm.
Marcus
Comm.
Koons Comm.
McCarty
Marta Suarez-Murias Business Community Rep. 5/17/2010 Comm. Greene
Seat No. 5 Comm. Marcus
Comm. Koons Comm. McCarty
Comm. Kanjian
John Parsons Senior Citizens 5/17/2010 Comm. Greene
Representative Comm. Marcus
Seat No. 7 Comm.
Koons Comm.
McCarty
Comm.
Kanjian
Roberta Van Sickle Fixed Route Bus Rider 5/16/2010 Comm.
Greene
Seat
No. 9 Comm.
Marcus
Comm.
Koons Comm. McCarty
Sidney Dinerstein Citizen at Large 5/17/2010 Comm.
Greene
Representative Comm. Marcus
Seat No. 11 Comm. Koons Comm.
Kanjian
SUMMARY: The Palm Tran Service Board was established
December 18, 2001 (R2001-2241), and is currently comprised of eleven (11)
at-large voting members from eleven (11) categories. The members are appointed by the Palm Beach
County Board of County Commissioners.
Members may service two (2) year terms with no limit on reappointments.
The above incumbents of Seats 1, 3, 5, 7, 9 and 11, are members in good
standing and have indicated their desire to continue to serve subsequent terms.
A memo dated March 13, 2008, was circulated to the Board of County
Commissioners along with the Board Appointment Nomination Forms. Countywide (DR)
MAY 6, 2008
7. BOARD
APPOINTMENTS
E. PUBLIC
SAFETY
(Victim Coordinating Council)
1. Staff recommends
motion to approve: reappointment of one (1) at-large member to the
Victim Coordinating Council for the terms indicated below:
Nominee: Representing/Seat No.: Terms: Nominated
by:
Rabbi Richard M. Yellin Person
Ordained for 05/06/08-
Religious Services/16 05/05/2010 Comm.
Aaronson
Comm. Greene
SUMMARY: The
Victim Coordinating Council is composed of 16 members consisting of: a County
Commissioner; State Attorney; Public Defender; Domestic Court Judge; President
of the Chief’s of Police Association; Sheriff; District Administrator of the
Florida Department of Children & Families; Director of the Health
Department; District Administrator of the Florida Department of Corrections;
Director of the Health Care District; Victim Services Compensation Coordinator;
a victim of a violent crime; a person from the public with an interest in
victim services; and a person ordained for religious services. Rabbi Yellin has been actively participating
on the Council since 2006, and has expressed a desire to continue. Memos were sent to the Board on March 3, 2008
and March 18, 2008 notifying the Board of the expiration and vacant
position. No other nominations were
received. Countywide (DW)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MAY 6, 2008
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MAY 6, 2008
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MAY 6, 2008
10. 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
Proclamation declaring
May 2008 as “Juror Appreciation Month” in Palm Beach County.
Proclamation declaring May 4 – 10, 2008 as “Correctional Officers Week”
in Palm Beach County.
Proclamation declaring April 13 – 19, 2008 as “National Crime Victims’
Rights Week” in Palm Beach County.
11. 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."