ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 17, 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 6 - 26)
4. SPECIAL
PRESENTATION – 9:30 A.M. (Page 27)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 28 - 29)
6. REGULAR
AGENDA (Pages 30 - 32)
TIME
CERTAIN – 11:30 A.M. (Foundcare Presentation) (Page 30)
7. BOARD
APPOINTMENTS (Pages 33- 34)
8. STAFF
COMMENTS (Page 35)
9. COMMISSIONER
COMMENTS (Page 36)
10. ADJOURNMENT (Page 36)
* * * * * * * * * * *
JUNE 17, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Amendment
No. 1 with MD Now Medical Centers, Inc. changing project location
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 State
Revenue Sharing Application
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Deleted
3C-2 Deleted
3C-3 Deleted
Page 7
3C-4 Deleted
3C-5 Eight
(8) resolutions declaring acquisition of properties for Boca Rio Road widening
3C-6 Resolution
transferring a platted access control easement abutting Beeline Highway to FDOT
3C-7 Amendment
with Village of Royal Palm Beach for Royal Palm Beach Blvd improvements
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 7
3E-1 Refunding
Application for Federal assistance for Head Start/Early Head Start Program
3E-2 Agreement
with FPL for Care to Share Program
Page 8
3E-3 FY 2008-2009 Community Services Block Grant
Award Agreement with FL Dept. of Community Affairs for services to low-income households
3E-4 Contract
with Dept. of Children & Families to prevent homelessness to at-risk
households
3E-5 Agreement
with Area Agency on Aging for the Emergency Home Energy Assistance Program
3E-6 Competitive Training & Technical
Assistance Grant Application to US Dept. of Health & Human Services for new
staff qualifications
F. AIRPORTS
Page 9
3F-1 First
Amendment to Airline-Airport Use and Lease Agreement with US Airways, Inc.
3F-2 First Amendment to Terminal Building Lease
with General Services Administration extending Transportation Security
Administration’s rental commencement date
Page 10
3F-3 Change
Order No. 16 with James A. Cummings, Inc. regarding long term parking garage
3F-4 Amendment No. 1 with David Brooks
Enterprises, Inc. regarding Administration Building/Communications Facility
Page 11
3F-5 Amendment No. 3 with The LPA Group, Inc. for
professional planning/design services
3F-6 Second Amendment with Remediation and
Liability Management Company for remedial environmental work
3F-7 Contract with Drawdy Construction Co., Inc.
for Turnage Blvd. bridge repair
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 12
3G-1 Budget Transfer in the Northlake Blvd. Fund for
payment to Northern Palm Beach County Improvement District
3G-2 Negotiated
settlement for Code Enforcement Lien against Harville Properties, Inc.
3G-3 Negotiated
settlement for Code Enforcement Lien against Watson & Jeanne C.
Pierre-Louis
3G-4 Negotiated
settlement for Code Enforcement Lien against Elvin & Luz M. Santiago
JUNE 17, 2008
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Amendment
No. 1 with All-Site Construction, Inc. for annual general contractor services
3H-2 Amendment
No. 1 with Holt Contractors, Inc. for annual general contractor services
3H-3 Amendment
No. 1 with H.A. Contracting Corp. for annual general contractor services
3H-4 Amendment
No. 1 with M.A.C. Construction, Inc. for annual general contractor services
Page 14
3H-5 Contract
with The BG Group, Inc. for demolition of selected structures
3H-6 Amendment
No. 1 with West Construction, Inc. for annual general contractor services
3H-7 CSA No. 3 with Hanson Professional Services,
Inc. for additional design services related to the Government Center Central
Energy Plant project
3H-8 Declaration
of easement in favor of Water Utilities for service to South County Regional
Park
Page 15
3H-9 Utility
Easement in favor of BellSouth for K-9 facility and WUD Administration Bldg.
3H-10 Notice
to extend lease option with Bedner Farm, Inc. for continued agricultural use
3H-11 Utility Easement with FPL for additional
electric service at the Emergency Operations Center and Fire Rescue
Headquarters
Page 16
3H-12 Utility Easement in favor of BellSouth for
communication service for Herman W. Brice Fire Rescue Complex
I. HOUSING & COMMUNITY DEVELOPMENT
Page 16
3I-1 Deleted
3I-2 Agreement
w/Florida Housing Corporation, Inc. for emergency shelter and supportive
services
Page 17
3I-3 Agreement
w/Florida Housing Corporation, Inc. for supportive services
3I-4 Resolution authorizing County to join with
participating municipalities in the Urban County Qualification Program to
facilitate access to federal funds
Page 18
3I-5 Funding
for purchase of hurricane shutters for Catherine Longsworth under Hurricane
Housing Recovery Program
3I-6 Resolution approving Fourth Amendment to
the State Housing Initiative Partnership Program’s Local Housing Assistance
Plan
Page 19
3I-7 Conceptually approve affordable housing
projects through the CAH’s Home Owner Development and Multi-Family Rental
Development assistance programs
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 19
3K-1 Release
of Utility Easement on land owned by GKK – Hagen Ltd.
Page 20
3K-2 Potable
Water/Wastewater Development Agreement w/Villa Regina of West Palm Beach, Inc.
3K-3 Receive
& file two (2) standard development agreements and one (1) renewal
agreement
3K-4 Receive
& file closing documents relating to Indian Trail Improvement District’s
utility system
L. ENVIRONMENTAL RESOURCES MANAGEMENT - None
M. PARKS & RECREATION
Page 21
3M-1 Agreement with Community Child Care Center of
Delray Beach Foundation, Inc. for playground equipment
3M-2 Agreement
with Victory Enterprises and Ventures, Inc. for summer recreational programs
3M-3 Receive
& file School Board RAP for Royal Palm Beach Elementary after school
program
3M-4 Receive
& file School Board RAP for Crestwood Middle after school program
3M-5 First
Amendment with City of Boynton Beach for Little League Park field improvements
JUNE 17, 2008
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION (Cont’d)
Page 22
3M-6 Resolution authorizing County Administrator
or designee to execute standard entertainment contractor agreements
3M-7 Agreement
with City of West Palm Beach for Kaleidoscope 2008 event
3M-8 Agreement
with City of Boynton Beach for 2008 Boynton Beach Heritage Celebration event
3M-9 Receive
& file School Board RAP for Lake Worth Community Middle band uniforms
3M-10 Receive & file Independent Contractor Agreement with Eric Mundt,
Diving Instructor
Page 23
3M-11 Interlocal Agreement with City of Lake Worth
for 20 car/boat trailer parking spaces on Golf Course Road
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 23
3Q-1 FY
2008 Edward Byrne Memorial Justice Assistance Grant Application
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 24
3X-1 Contracts with agencies to provide drug
treatment and testing services to individuals referred by the Juvenile
Delinquency Drug Court
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 24
3Z-1 Receive & file letter from CIGNA
confirming renewal rates for the County’s self-insured health plan for 2008
AA. PALM TRAN
Page 25
3AA-1 Donation of eight (8) 1997 Gillig Phantom buses to various
organizations
Page 26
3AA-2 Resolution
approving FDOT Supplemental Joint Participation Agreement providing additional
funding for construction of Intermodal Transit Facility
SPECIAL PRESENTATION – 9:30
A.M.
Page 27
4A Certificate
of Appreciation to Senator Jeff Atwater in appreciation for his leadership in
securing funding for the continuation of the restoration of the Lake Worth
Lagoon
JUNE 17, 2008
TABLE OF CONTENTS
PUBLIC
HEARINGS - 9:30 A.M.
Page 28
5A Ordinance
revoking ad valorem tax exemption granted to Florida Turbine Technologies, Inc.
5B Filing
of the FY 2008 Section 5307 Federal Transit Administration Grant Application
Page 29
5C Filing
of the FY 2008 Section 5309 Federal Transit Administration Grant Application
REGULAR AGENDA
ADMINISTRATION
Page 30
6A-1 Presentation
of the 2008 Legislative Session final report
6A-2 Foundcare
Presentation – New Community Health Center – TIME CERTAIN 11:30 A.M.
COUNTY ATTORNEY
Page 30
6B-1 Resolution to issue Variable Rate Demand
Revenue Bonds by the Palm Beach County Educational Facilities Authority (Palm
Beach Atlantic University)
6B-2 Palm
Beach County Affordable Housing Ordinance
ENGINEERING
& PUBLIC WORKS
Page 31
6C-1 Resolution approving recordation and filing
of a Specific Purpose Survey Maintenance Map certifying that 60th
Street North was constructed and maintained/repaired by County
6C-2 Five-Year
Road Program Ordinance
HOUSING
& COMMUNITY DEVELOPMENT
Page 31
6D-1 Draft
Palm Beach County Action Plan for FY 2008 – 2009
PUBLIC
SAFETY
Page 32
6E-1 Budget Transfer for funding the Fifteenth
Judicial Circuit Court’s Civil Traffic Hearing Officer Program
FACILITIES
DEVELOPMENT & OPERATIONS
Page 32
6F-1 Linear Park property exchange with Palm
Beach Atlantic University
BOARD
APPOINTMENTS (Pages 33 - 34)
STAFF COMMENTS
(Page 35)
COMMISSIONER
COMMENTS (Page 36)
ADJOURNMENT (Page 36)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Amendment No.1
to Agreement (R2007-1758) with MD Now Medical Centers, Inc. to change the
project location to 9060 North Military Trail, Palm Beach Gardens, Florida 33410.
SUMMARY: On October 16, 2007, the Board of County
Commissioners approved a Community Development Block Grant (CDBG) Economic
Set-Aside Agreement with MD Now Centers, Inc., in the amount of $150,000 for
the purchase/installation of specialized equipment and an emergency generator
for use at the facilities located at 4560 and 4570 Lantana Road, Lake Worth,
Florida 33463. The activity will create
a total of ten (10) full-time equivalent jobs for low and moderate income
persons. The company could not move
forward with its project at 4570 Lantana Road due to an owner/developer’s lack
of funds to complete construction. This
Amendment will allow for MD Now Medical Centers, Inc. to change the project
location to 9060 North Military Trail, Palm Beach Gardens, Florida for its
business expansion. These are federal
funds that require no local match. District
1 (DW)
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
Joint
Meeting w/Legislative Delegation April
19, 2007
Regular
March
11, 2008
Environmental
Control Board March
11, 2008
Child
Care Facilities Board March
11, 2008
Workshop April
22, 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 April 2008. Countywide
5. Staff recommends
motion to approve: State Revenue
Sharing Application for the Fiscal Year 2008 – 2009. SUMMARY: Each unit of local government is required to
file an application in order to be considered for any funds to be distributed
under the Revenue Sharing Act. Countywide (PFK)
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2. DELETED
3. DELETED
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. DELETED
5. Staff recommends
motion to adopt: eight (8) resolutions
declaring the acquisition of properties designated as Parcels 101, 104, 106 and
108 as partial fee simple acquisitions for road right-of-way, Parcel 204 as an
embankment easement and Parcels 301, 306 and 308 as temporary construction
easements necessary for the widening and construction of improvements on Boca
Rio Road, from Palmetto Park Road to Glades Road. SUMMARY:
This action will adopt eight
(8) resolutions to authorize the filing of eminent domain proceedings against
eight (8) parcels whose total appraised value is $333,000. District 5 (PM)
6. Staff recommends
motion to adopt: a Resolution
transferring a platted Access Control Easement (ACE) on the south line of Tract
A to the Florida Department of Transportation (FDOT). SUMMARY: This action will adopt a Resolution giving
FDOT control of an ACE abutting the Beeline Highway at Steeplechase Drive. District 1 (PK)
7. Staff recommends
motion to approve: an Amendment to
the Interlocal Agreement (R2006-1380) with the Village of Royal Palm Beach (Village)
for landscaping improvements to Royal Palm Beach Boulevard from Okeechobee
Boulevard to 40th Street, which extends the completion deadline for
one (1) year, to September 30, 2009. SUMMARY: The original agreement provided reimbursement funds in an amount
not-to-exceed $400,000 for landscaping improvements to Royal Palm Beach
Boulevard from Okeechobee Boulevard to 40th Street. The project was
to be completed by the Village by September 30, 2008. This First Amendment extends the completion
deadline to September 30, 2009 and does not increase the dollar amount. District 6 (MRE)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: a
Refunding Application for Federal assistance in the amount of $14,331,041 (Head
Start $12,611,541 & Early Head Start $1,719,500) to operate the Full
Day/Full Year Head Start and Early Head Start Program for the period October 1,
2008, through September 30, 2009. SUMMARY: The
FY 2008/2009/Full Day/Full Year Head Start/Early Head Start Program will
provide comprehensive child development services to 1,871 (3-5 years old) and
180 pregnant women, infants/toddlers and economically disadvantaged children in
Palm Beach County. Total funding of $23,143,914 (for the Head Start /Early Head
Start Program) consists of Federal funds of $14,331,041; Children’s Services
Council funds of $454,964 and Palm Beach County required funding of $3,582,760 with overmatch funding of $4,775,149. The
County’s portion has been requested in the FY 2009 budget. The refunding
application is due to Department of Health & Human Services by June 30,
2008. (Head Start) Countywide (TKF)
2. Staff recommends
motion to approve: Agreement
with Florida Power & Light Company (FPL) for the period of July 1, 2008,
through June 30, 2013 in an amount up to $300,000 per year, for the Care to
Share Program. SUMMARY: This FPL Care to Share Program Agreement
enables the Division to provide financial assistance to households at risk of
their power being disconnected. The Division of Human Services offers case
management for participants to assure that payment through the grant is coupled
with a plan that includes a comprehensive continuum of emergency, economic
stability and self sufficiency services. A maximum payment of $500 per participant, per
grant year is provided. No match is
required. (Human Services) Countywide
(TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
3. Staff recommends motion to approve: FY 2008-2009 Community Services Block Grant (CSBG) Award Agreement with the State of Florida Department of Community Affairs for the period October 1, 2008, through September 30, 2009, in an amount of $1,068,932 for services to low-income households. SUMMARY: Community Services Block Grant funding of $890,777 and Palm Beach County Board of County Commissioner’s matching funds of $178,155 will provide total funding of $1,068,932 to provide services to 5,000 low-income households countywide. Services include: employment counseling and placement, family self-sufficiency, transportation of kidney dialysis patients, utility assistance, rent assistance, back to school vouchers and emergency food. (Community Action Program) Countywide (TKF)
4. Staff recommends
motion to approve: Contract with the Department of Children and
Families (DCF) for a Grant-In-Aid Program, for the period of July 1, 2008,
through June 30, 2009, for a total contract amount of $67,068 to prevent
homelessness for a minimum of 80 at-risk homeless households. SUMMARY: This grant from the DCF enables the Division
of Human Services to provide rent/mortgage, utility assistance, food or
clothing to households at risk of becoming homeless. The Division provides case
management for participants to assure that payment through the grant is coupled
with a plan that includes a comprehensive service continuum of emergency
services, economic stability and self sufficiency. A maximum payment of $1,000 per participant
per grant year is provided. A twenty five percent (25%) match is required and
is met through in-kind contributions. (Human Services) Countywide (TKF)
5. Staff recommends
motion to approve: Standard Agreement No. IP008-9500 with the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period April
1, 2008, through June 30, 2008, in an amount of $10,889, for the Emergency Home
Energy Assistance (EHEAP) Program. SUMMARY:
This Agreement will allow the Division
of Senior Services (DOSS), as lead agency, to serve 27 eligible low-income households
who meet 150% of the federal poverty guidelines, have at least one (1) person
age 60 years or older residing in the home and are experiencing a home energy
emergency. Benefits include emergency
assistance to prevent disconnection of utility services. EHEAP services are funded with $10,889 in
State funds provided through the AAA Agreement.
In the area south of Hypoluxo Road, Ruth Rales Jewish Family Service
currently provides EHEAP services under a similar agreement from the AAA. (DOSS)
Countywide except for portions of Districts 3, 4, 5, and 7 south of
Hypoluxo Road (TKF)
6. Staff recommends
motion to ratify: the
Chairperson’s signature on the Competitive Training and Technical Assistance
Grant Application to the U.S. Department of Health and Human Services,
Administration for Children and Families, for the period of October 1, 2007,
through September 30, 2008, in an amount of $62,173. SUMMARY: The Head Start Act, as
reauthorized December 2007, has new requirements for staff qualification. If
granted, the funds will be used to assist Palm Beach County Head Start,
including its contracted and delegate agencies to meet the new staff
qualifications as directed in Section 648 A.(a) of the new Head Start Act. The
application was due to the Department of Health and Human Services (HHS) by
June 2, 2008, however the grant notice was received from the Regional Office on
May 19, 2008, not allowing sufficient time to submit the application through
the regular agenda process. Funding
consists of $62,173 in Federal funds and $15,543 in overmatch. No new County funds are required. (Head Start)
Countywide (TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: the First
Amendment to Airline-Airport Use and Lease Agreement
with US Airways, Inc., providing rental
credits in the amount of $48,607.11 for non-stop arrival and departure
passenger service to/from Palm Beach International Airport (PBIA) and Las Vegas
McCarran International Airport in Las Vegas, Nevada, from February 11, 2007
through August 17, 2007. SUMMARY: On July 25, 2007, the
County entered into an Airline-Airport Use and Lease Agreement (R2007-1499)
with US Airways. On February 11, 2007, US Airways commenced non-stop
passenger service to/from PBIA and Las Vegas McCarran International Airport in
Las Vegas, Nevada. The flight provided an additional non-stop destination
from PBIA and provided access to the western United States, which is of
beneficial interest to PBIA. Approval of this Amendment will provide
rental credits in the amount of $48,607.11 for landing fees and gate fees
accrued during the period. It is anticipated that US Airways will
resume the flight in December 2008. Although US Airways requested
incentive rental credits prior to initiation of the flight, US Airways only
recently provided all the documentation generally required by the Department to
receive rental credits for a new flight destination. Countywide (JB)
2. Staff recommends
motion to:
A) approve a
First Amendment to the Terminal Building Lease Agreement with the General
Services Administration (GSA), an Executive Agency of the United States of
America, extending the rental commencement date from December 1, 2007, to March 1, 2008 and waiving the public construction bond
requirement; and
B) authorize
staff to write off all lease charges and late fees for the Terminal Building
Lease Agreement for the period commencing December 1, 2007 and ending on
February 29, 2008 in the amount of $63,776.18.
SUMMARY: On June 5, 2007, the Board approved a Terminal
Building Lease Agreement (Lease) (R2007-0855) with the GSA to construct office
and support areas for the Transportation Security Administration (TSA). The
Lease required the GSA to commence payment of rental upon issuance of a
certificate of occupancy for the initial improvements or December 1, 2007,
whichever occurred first. The Lease also required the GSA’s contractors
to furnish a public construction bond for the benefit of the County. The
GSA has requested that the rental commencement date be extended to March 1,
2008 due to construction and administrative delays. The GSA has also requested
that the public construction bond requirement be waived based on the advice of
its legal office, which has concluded that the County cannot be named as a dual
obligee on the bond provided to the GSA by its contractors. The Lease
will continue to require the GSA to ensure all improvements are constructed to
completion and that all of its contractors will be paid. Countywide (JB)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
3. Staff
recommends motion to approve: Change Order No. 16 to the Contract with James A.
Cummings, Inc. increasing the contract in the amount of $99,942 for the Long
Term Parking Garage No. 2 at Palm Beach International Airport (PBIA). There
is no change in time for Change Order No. 16.
SUMMARY: On May 16,
2006, the BCC approved the Construction Contract (R-2006-0842) with James A.
Cummings, Inc. for construction services for the Long Term Parking Garage at
PBIA in the amount of $61,666,000. Change Orders 1-15 were approved for a net
decrease to the contract in the amount of $24,776,377 which included the
deletion of more than $26 million in materials that were directly purchased by
the owner for tax savings and no change in the contract time. Approval of
Change Order No. 16 in the amount of $99,942
is requested to cover changes to the contract documents that were required
after the project was bid due to differences in code interpretations, agency
requests or omissions in design. Change
Order No. 16 will cover items described in the summary sheet containing
description, summary explanation and cost for each item as submitted in the
contract change proposals by James A. Cummings, Inc. The Small Business
Enterprise (SBE) participation for this Change Order is 9.15%. The total SBE contract goal including all
change orders is 15.95%. Countywide (JCM)
4. Staff recommends
motion to approve:
A) Amendment No. 1 to the Contract with David Brooks
Enterprises, Inc. in the amount of $287,439 and an extension of 90 calendar
days for the Phase 2 relocation of existing communication center systems to the
new Administration Building and Communications Facility Project at Palm Beach
International Airport (PBIA); and
B) Change Order No. 23 to the Contract with David
Brooks Enterprises, Inc. in the amount of $99,670 and an extension of 134
calendar days for the new Administration Building and Communications Facility
Project at PBIA.
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 1-22 were approved for an
increase to the contract in the amount of $729,215 and an increase in time of 86
calendar days. Approval of Amendment No.
1 in the amount of $287,439 will
provide funds to accommodate the second phase relocation of the Communications
Center from the Terminal to the new facility within this building and an extension
of 90 calendar days. Approval of Change
Order No. 23 in the amount of $99,670 will extend the contract time by 134
calendar days and compensate the Contractor for delays beyond the current
substantial completion date that were beyond the control of the General
Contractor. Cumulative time extended
including all change orders and amendments is 310 calendar days. Request for
approval of this Change Order is being brought to the BCC in accordance with
revised PPM CW-F-050 effective February 1, 2006 due to the value of the change
order combined with the time extension, which exceeds the authority limits of
the Contract Review Committee. The
Disadvantaged Business Enterprise (DBE) participation for Amendment No. 1 and
Change Order No. 23 is 0%. The total DBE
contract goal including all change orders and Amendment No. 1 is 9.01%. Countywide (JCM)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
5. Staff recommends motion
to approve: Amendment No. 3 to the General Consulting Agreement with
The LPA Group, Inc. for consulting/professional services in the amount of $1,347,841
for the continued performance of professional planning and design services
related to the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2006-2418) with The
LPA Group, Inc. for general airport planning and design was approved on November
21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital
Improvement Programs for the County’s Airports.
The agreement is for two (2) years with two (2) – one (1) year renewal
options. Amendments No. 1 and No. 2 were
approved for a net increase in the amount of $2,208,890.50. Approval of Amendment No. 3 in the amount of
$1,347,841 will provide funds to complete the following tasks and services: Palm Beach International Airport (PBIA) –
Taxiway Lima Extension, as well as staff extension and miscellaneous planning,
engineering and construction services, including possible construction
management services for several projects currently out for bid such as airfield
signage improvements at both PBIA and Palm Beach County Park Airport, airfield
improvements at North Palm Beach County General Aviation Airport, and taxilane
reconstruction and pavement additions at Palm Beach County Glades Airport. Certain tasks performed during the term of
this Amendment will be eligible for state and federal grant participation. The proposed fee was verified in accordance
with FAA Advisory Circular 150/5100-14C by use of an Independent Fee Analysis
conducted by a neutral third party firm (CH2M Hill, Inc.) for those tasks that
are eligible for grant funding. The Disadvantaged Business Enterprise (DBE)
participation for this Amendment is 12.97%.
The total DBE contract goal including all amendments is 19.35%. Countywide
(JCM)
6. Staff recommends
motion to approve: Second
Amendment to Access Agreement for Remedial Work (R2006-1109), as amended, with
Remediation and Liability Management Company, Inc. (REALM), extending the
deadline for completion of remedial environmental work on the Palm Beach
International Airport (PBIA) to June 20, 2010.
SUMMARY: REALM is performing remedial environmental
work at the former National Car Rental facility located on PBIA pursuant to the
Access Agreement for Remedial Work approved by the Board on June 20, 2006. The term was extended by Extension No. 1 (R2007-1085)
and is scheduled to expire on June 20, 2008.
The Second Amendment will extend the term until June 20, 2010, allowing
sufficient time for REALM to complete the necessary remedial work. Countywide (JB)
7. Staff recommends
motion to receive and file: a Contract
with Drawdy Construction Co., Inc. of $180,934 for Turnage Boulevard Bridge Repair
Project at Palm Beach International Airport (PBIA). SUMMARY: An inspection of two (2) bridges at PBIA
indicated a deficiency which required restricted usage by bus and truck traffic
until repairs could be completed. The
Department of Airports expedited the repairs using Section 2-53(f) of the
Purchasing Code which authorizes the Construction Departments to “approve
alternative source selection for construction related contracts less than
$200,000”. Countywide (JCM)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a Budget Transfer of $52,000 in the Northlake
Boulevard Improvement Fund from the Reserve account to Contributions to Other
Governmental Agencies account, for payment to the Northern Palm Beach County
Improvement District pursuant to Agreement.
Summary: Estimated impact fees budgeted in reserve
accounts cannot be appropriated until funds have been collected. This Budget Transfer allows for the
appropriation of collected impact fees, which then allows the County, to remit
funds to the Northern Palm Beach County Improvement District (Northern) in
accordance with the Impact Fee Agreement (R93-1613D) between Palm Beach County,
Northern, PGA National Venture, Ltd., and Ibis Landing Venture, Ltd. District 1 (LB)
2. Staff recommends
motion to approve: a negotiated settlement offer in the amount
of $20,000 for the full satisfaction of a Code Enforcement Lien that was
entered against Harville
Properties, Inc. on November 1, 2000. Summary: The Code Enforcement Special Master
(CESM) entered an Order on August 2, 2000 giving Harville Properties, Inc. until September 16,
2000 to obtain a special permit from the Zoning Division for the existing
mobile home on the property or remove it.
Compliance with the CESM’s Order was not achieved by the ordered
compliance date and a fine in the amount of $100 per day was imposed. The CESM then entered a claim of lien against
Harville Properties, Inc. on
November 1, 2000. The cited code
violations were fully corrected as of February 8, 2002. The total accumulated lien amount through
March 3, 2005, the date settlement discussions first began, totaled $82,495 of
which Mr. Harville has agreed to
pay the County $20,000 (24.2%) for full settlement of his company’s outstanding
Code Enforcement Lien. District 6
(PGE)
3. Staff recommends
motion to approve: a negotiated settlement offer in the amount
of $6,000 for the full satisfaction of a Code Enforcement Lien that was entered
against Watson and Jeanne C. Pierre-Louis on April 12, 2005. Summary:
The Code Enforcement Special
Master (CESM) entered an Order on January 5, 2005 giving Watson and Jeanne C. Pierre-Louis until
January 20, 2005 to remove the unlicensed/inoperable vehicles that were being
stored on the property. Compliance with
the CESM’s Order was not achieved by the ordered compliance date and a fine in the
amount of $50 per day was imposed. The
CESM then entered a claim of lien against Watson and Jeanne C. Pierre-Louis on April 12, 2005. The cited code violations were fully
corrected as of September 28, 2005. The
total accumulated lien amount through March 7, 2008, the date settlement
discussions began, totaled $18,060.55, of which Jeanne C. Pierre-Louis has agreed to pay the County $6,000 (33.3%)
for full settlement of their outstanding Code Enforcement Lien. District 7 (PGE)
4. Staff recommends
motion to approve: a negotiated settlement offer in the amount
of $10,000 for the full satisfaction of a Code Enforcement Lien that was
entered against Elvin and Luz M. Santiago on April 12, 2005. Summary: The Code Enforcement Special Master
(CESM) entered an Order on May 5, 2004 giving Elvin and Luz M. Santiago until September 2, 2004 to obtain
building permits for enclosing the garage and back porch and adding A/C,
electrical wiring and plumbing, a porch, shed, and driveway without proper
permits. Compliance with the CESM’s
Order was not achieved by the ordered compliance date and a fine in the amount
of $50 per day was imposed. The CESM
then entered a claim of lien against Elvin and Luz M. Santiago on April 12, 2005. The cited code violations were fully
corrected as of September 5, 2007. The
total accumulated lien amount through February 13, 2008, the date settlement
discussions first began, totaled $75,062.54 of which the Santiago’s have agreed
to pay the County $10,000 (13.3%) for full settlement of their outstanding Code
Enforcement Lien. District 3 (PGE)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: Amendment No. 1 to Contract with All-Site Construction, Inc. (R2007-0945) to implement the first renewal of Job Order Contract (JOC)-South (bond waiver). Summary: Amendment No. 1 is a renewal to the Job Order Contract-South (bond waiver) which was awarded to All-Site Construction, Inc. The contractor will continue to perform as an “annual general contractor” for implementation of maintenance and capital projects. This is an indefinite-quantity Contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15%. All-Site’s participation for work orders issued-to-date is 100%. (FD&O Admin) Countywide (JM)
2. Staff recommends motion to approve: Amendment No. 1 to Contract with Holt Contractors, Inc. (R2007-0947) to implement the first renewal of Job Order Contract (JOC)–North. Summary: Amendment No. 1 is a renewal to the Job Order Contract-North which was awarded to Holt Contractors, Inc. The contractor will continue to perform as an “annual general contractor” for implementation of maintenance and capital projects. This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000. The renewal term is twelve (12) months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15%. Holt's participation for work orders issued-to-date is 100%. (FD&O Admin) Countywide (JM)
3. Staff recommends motion to approve: Amendment No. 1 to Contract with H.A. Contracting Corp. (R2007-0944) to implement the first renewal of Job Order Contract (JOC)-North with a maximum value of $2,500,000. Summary: Amendment No. 1 is a renewal to the Job Order Contract-North which was awarded to H.A. Contracting Corp. The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects. This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000. The renewal term is twelve (12) months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15%. H.A.=s participation for work orders issued-to-date is 20%. (FD&O Admin) Countywide (JM)
4. Staff recommends motion to approve: Amendment No. 1 to Contract with M.A.C. Construction Inc. (R2007-0949) to implement the first renewal of Job Order Contract (JOC)-Central with a maximum value of $2,500,000. Summary: Amendment No. 1 is a renewal to the Job Order Contract-Central which was awarded to M.A.C. Construction Inc. The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects. This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000. The renewal term is twelve (12) months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15%. M.A.C.=s participation for work orders issued-to-date is 25%. (FD&O Admin) Countywide (JM)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
5. Staff recommends motion to approve: an annual Contract with The BG Group, LLC, in an amount not-to-exceed $500,000 for the demolition of selected structures. Summary: The Contract is for one (1) year and is an indefinite-quantity Contract with a maximum value of $500,000. The Contract will terminate when a total of $500,000 in work orders is issued or when the one (1) year time period has expired, whichever occurs first. The contract provides for up to four (4) – one (1) year time renewals, each for a not-to-exceed amount of $500,000 at the sole option of the County. The work consists of the demolition of specified structures and the demolition of other items such as swimming pools, septic tanks, fences and similar site elements. Any work performed will be in accordance with the Contract and the unit-price listing. The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County. There is a 15% goal for SBE participation in this Contract. The BG Group’s bid guarantees a minimum of 15% SBE participation during the life of the Contract. SBE actual participation will be identified on each work order with cumulative participation tracked quarterly. (FDO Admin) Countywide (JM)
6. Staff recommends motion to approve: Amendment No. 1 to Contract with West Construction, Inc. (R2007-0948) to implement the first renewal of Job Order Contract (JOC)-Central with a maximum value of $2,500,000. Summary: Amendment No. 1 is a renewal to the Job Order Contract-Central which was awarded to West Construction Inc. The contractor will continue to perform as an Aannual general contractor@ for implementation of maintenance and capital projects. This is an indefinite-quantity Contract and this renewal has a maximum value of $2,500,000. The renewal term is twelve (12) months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15%. West=s participation for work orders issued-to-date is 100%. (FDO Admin) Countywide (JM)
7. Staff recommends
motion to approve:
Consultant Services Authorization (CSA) No. 3 to the Contract with
Hanson Professional Services, Inc., in the amount of $6,680 for additional
design services for the Government Center Central Energy Plant project. SUMMARY: The Thermal Energy Storage component of the
central energy plant necessitates the installation of an 85 foot by 60 foot
water storage tank. Additional
conceptual tank designs, renderings and site development plans are required to be
presented to the City of West Palm Beach Planning Department for review. The initial Contract for $32,300 with Hanson
Professional Services was executed by the Facilities Department Director. Subsequent CSAs have been presented to the
Board as the cumulative total of CSAs has exceeded the delegated authority of
$200,000. (Capital Improvements
Division) District 7 (JM)
8. Staff recommends motion to approve: a Declaration of Easement in favor of Palm Beach County Water Utilities Department to provide water service to South County Regional Park, Parcel A. Summary: The County is developing the South County Regional Park - Parcel A property for use as a public park and golf course. Parcel A consists of 540.02 acres of land located west of University Drive and north of Glades Road in Boca Raton. As part of the development of this site, the County installed water main pipes throughout the property, starting from the southern boundary and meandering in a northerly direction to make a connection to existing pipes. The water main easement is approximately 20' x 7,250' and contains approximately 145,000 sq. feet (3.33 acres). The Declaration will be recorded to provide notice of the existence and location of the water main pipes. (PREM) District 5 (HJF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
9. Staff recommends motion to approve: a Utility Easement in favor of BellSouth Telecommunications, Inc., d/b/a AT&T Florida. Summary: Palm Beach County=s ISS Department contracted with AT&T Florida to install an underground fiber optic telecommunications cable to service the County=s K-9 facility and Water Utility Administration building on Forest Hill Boulevard. The cable will provide redundant support of both the telephone lines and high bandwidth data connection for the County=s K-9 and Water Utilities Administration facilities. This Easement is approximately 10' wide and is approximately 1.1 miles long. (PREM) District 6 (HJF)
10. Staff recommends
motion to receive and file: Notice
of Exercise of the extension option under the Lease Agreement with Bedner Farm,
Inc. (R2001-0582) for Bedner Farm’s continued agricultural use of approximately
246 acres located in Boynton Beach and Delray Beach. Summary: On
April 17, 2001, the Board approved the Lease Agreement with Bedner Farm, Inc.
for use of approximately 246 acres located in Boynton Beach and Delray Beach,
respectively. The initial term of the
Lease Agreement was for one (1) year ending on May 31, 2002, with nine (9) one
(1) year extension options. On May 15,
2007, the Board approved a First Amendment to Lease (R2007-0827) providing
Bedner Farm, Inc. twelve (12) additional one (1) year options to extend the
term of the Lease Agreement. Exercising
this seventh option will extend the term of the Lease Agreement through May 31,
2009 with a remaining balance of fourteen (14) annual extension options through
May 31, 2023. The annual rental rate
will be increased 9.7%, from $147,752 to $162,084. Pursuant to the terms of the Lease Agreement,
Bedner Farm, Inc. has the right to exercise its option and the Board has no
discretionary authority to not allow the exercise of the option. All other terms and conditions of the Lease
Agreement shall remain in full force and effect. (PREM)
District 5 (HJF)
11. Staff recommends
motion to approve: a Utility
Easement Agreement with Florida Power & Light Company (FPL) for additional
electric service at the Emergency Operations Center and Fire Rescue
Headquarters at the County’s Four Points Center in unincorporated West Palm
Beach. Summary: The Emergency Operations Center (EOC) and
Fire Rescue Headquarters (FRH) are located at the Four Points Center, at the
southeast corner of Southern Boulevard and Military Trail in West Palm
Beach. The County requested that FPL
construct loop service to connect the surface pad-mounted transformers located
at the EOC and FRH in order to obtain a secondary power source. The easement consists of existing overhead
power lines and new underground power lines.
The area is approximately 515 feet long, varying in width from 10' to
16' and contains a total of 5,144 square feet (0.118 acres). The easement is non-exclusive and is being
granted to FPL at no charge as it provides additional electric service to
County-owned facilities. (PREM) District 2 (JMB)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
12. Staff recommends
motion to approve:
A) a Utility Easement Agreement in favor of BellSouth
Telecommunications, Inc., d/b/a AT&T Florida (AT&T) for communication
service;
B) a Utility Easement Agreement in favor of Florida Power &
Light Company (FPL) for electrical service;
C) a Utility Easement Agreement in favor of Palm Beach County, c/o
Water Utilities to provide water service; and
D) a Declaration of Easement in favor of Palm Beach County Water
Utilities Department to provide water service.
All of which are being granted to provide service to the County's Herman
W. Brice Fire Rescue Complex in unincorporated West Palm Beach.
Summary: The
County is currently in the process of constructing the Herman W. Brice Fire
Rescue Complex located on Pike Road between Southern Boulevard and Belvedere
Road. An easement for AT&T is necessary for the installation of
communication lines to provide communication services to the area. The easement area is approximately 144' long,
varying in width from 6' to 15' and contains a total of 998 square feet (0.02
acres). An easement for FPL is necessary
for the installation of underground power lines to provide power to the
facility. The easement area is 10' x
338.07' and contains 3380.7 sq. feet (0.0776 acres). In addition, as part of the development of
this site, the County installed water main pipes along the eastern portion of
the property extending in a northerly direction onto Solid Waste Authority
(SWA) property. A utility easement from
SWA is required to provide for the right to maintain the water mains located
within the easement area that serves the Fire Rescue Training Facility. The water main easement located on SWA
property is approximately 1,552' long, varying in width from 12' to 41' and
contains a total of 24,754 sq. feet (0.57 acres). The water main easement located on County
property is approximately 2,397' long, varying in width from 15' to 45' and
contains a total of 43,656 sq. feet (1.0 acres). The County is signing the Joinder and Consent
to the Utility Easement Agreements to FPL and to Palm Beach County, c/o Water
Utilities as Lessee. The AT&T
easement is a perpetual non-exclusive easement and AT&T has agreed to pay
$3,746 for this easement. The FPL and Palm Beach County, c/o Water Utilities
easements are perpetual non-exclusive easements and are being granted at no
charge. The Declaration will be recorded
to provide notice of the existence and location of the water main pipes. (PREM)
District 6 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. DELETED
2. Staff recommends
motion to approve: an Agreement with Florida Housing Corporation, Inc.,
for $20,000 of FY 2007-2008 Emergency Shelter Grants Program (ESGP) funds, for
the period October 1, 2007, to September 30, 2008 to provide emergency shelter
and supportive services to 100 unduplicated individuals at the Palm Beach
Assisted Living Facility operated by the Florida Housing Corporation. The facility is located at 534 Datura Street,
West Palm Beach, FL 33401. SUMMARY:
Palm Beach County has received a total of $306,234 in ESGP funds for FY 2007-2008
to assist the homeless and those at risk of homelessness, countywide. These funds are used for the operation and
maintenance of emergency shelters and transitional housing facilities,
essential services to the homeless, and homeless prevention activities. This
Agreement utilizes federal funds and the required match will be met by the agency.
Countywide (TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends
motion to approve: an Agreement with the Florida Housing Corporation
for $36,400 of FY 2007-2008 Community Development Block Grant (CDBG) funds, for
the period October 1, 2007, to September 30, 2008 to provide supportive
services to one hundred (100) unduplicated persons as the Palm Beach Assisted
Living Facility, operated by the Florida Housing Corporation. The facility is located at 534 Datura Street,
West Palm Beach, Florida 33401. SUMMARY: The FY 2007-2008 Action Plan approved by the Board
of County Commissioners on July 10, 2007 (R2007-1219) allocated $1,060,285 of
CDBG funds for the provision of public services. The Agreement with Florida
Housing Corporation will allocate $36,400 for the provision of emergency and
supportive services to up to fifty (50) unduplicated homeless individuals
monthly for a total of 100 unduplicated homeless individuals per year. These
are federal CDBG funds that require no local match. Countywide (TKF)
4. Staff recommends
motion to:
A) adopt a Resolution authorizing Palm Beach County to join with
participating municipalities in the Urban County Qualification Program for implementation of the Community
Development Block Grant (CDBG) Program and the Home Investment Partnership
(HOME) Program for Federal Fiscal
Years 2009, 2010, and 2011; and
B) approve Interlocal Cooperation Agreements with the participating
municipalities, as required by HUD for participation in the Urban County
Qualification Program.
SUMMARY: The U.S.
Department of Housing and Urban Development (HUD) allows municipalities to join
with the County to form an Urban County jurisdiction to facilitate access to federal
funds under the Community Development Block Grant (CDBG) and the HOME
Investment Partnership Program (HOME).
HUD requires that Interlocal Cooperation Agreements for these purposes
be executed by the County and the participating municipalities, and that copies
of the executed Interlocal Cooperation Agreements and of the authorizations for
municipal and county officials to execute those documents be forwarded to HUD
as part of the Urban County qualification process. Approval
of these agreements increases the amount of federal funds available to the
County for community development purposes. These are federal funds that require no local match. Countywide (TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation. SUMMARY: The owner-occupied rehabilitation strategy is a component of the HHRP. It finances repairs to hurricane damaged homes as well as, homes with code violations, deterioration and signs of decline due to deferred maintenance to mitigate damage from future hurricanes. Homeowners with repairs that cost $5,000 or less receive a grant with no repayment required. Ms. Catherine Longsworth is a Planner I working for the Commission on Affordable Housing (CAH) since February 2007 and her primary responsibility includes processing applications for the HHRP however; her application was not processed by her. She applied for hurricane shutters to prevent future hurricane damage to her condominium, at a total cost of $3,000. She is moderate income (80% or less of the area median income) with a family size of one (1). These are State Housing Initiative Partnership funds which do not require a local match. Countywide (TKF)
6. Staff recommends
motion to:
A) adopt a Resolution approving the Fourth Amendment to the SHIP Local Housing Assistance Plan (R2006-0735) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010 providing funding for the State Housing Initiative Partnership (SHIP) program strategies, based on the 2008-2009 funding allocation;
B) approve a Budget Amendment of $8,600,451 to the Commission on Affordable Housing’s 2008-2009 budget; and
C) approve the following
program allocations: 1) Purchase Assistance Program $4,034,129; 2)
Homeownership Development $750,000; 3) HOME Program Match $550,000; 4)
Foreclosure Prevention $250,000; 5) Utility Connection/Impact Fee $150,000; 6)
Special Needs Barrier Free $300,000; 7) Special Needs/Replacement Housing
$500,000; 8) Multi-Family Rental Development $750,000; and 9) Program
Administration $1,316,322.
SUMMARY: Palm Beach County
receives an annual allocation from the State of Florida Housing Finance
Corporation through the State Housing Initiative Partnership (SHIP) Program to
implement various affordable housing programs and other related
activities. The Commission on Affordable
Housing’s Advisory Committee approved the 2008-2009 budget allocation at the
April 26, 2007 meeting. For Fiscal Year
2008-2009 Palm Beach County will receive $8,600,451. These
are State SHIP funds that require no local match. District 2 (TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
7. Staff recommends
motion to conceptually approve: the following affordable housing projects
through the Commission on Affordable
Housing’s Home Owner Development and Multi-Family Rental Development assistance
programs allocating $2,288,225 for the development of the following one hundred
and forty (140) affordable housing units:
1. Multi-Family Rental Development Projects:
A) Adopt-A-Family of the Palm Beaches, Inc. “Adopt–A-Family Town Homes”: five (5) extremely low-income and four (4) very low-income units - District 3 - $250,000; and
B) McCurdy Center, Ltd. “Quiet Waters”: twenty-four (24) extremely low income and sixty-nine (69) low-income units - District 6 - $600,000
2. Home Owner Development Projects:
A) West Palm Beach Housing Authority “MerryPlace”: twenty-five (25) very low-income units - District 7 - $500,000;
B) Neighborhood Renaissance “Northwood Community Land Trust”: five (5) very low-income units - District 7 - $375,000;
C) Community Land Trust of Palm Beach County, Inc. “Lantana Homes and Counterpoint Estates”: two (2) very low-income units - Districts 3 & 6 - $413,225; and
D) Delray Beach Community Development Corporation: six (6) very low-income units – District 7 - $150,000
SUMMARY: Approval of this
agenda item will authorize the allocation of SHIP funding for assisting in the
development of these six (6) affordable housing projects. This allocation of $2,288,225 will facilitate
the development of one hundred and forty (140) extremely low, very low and low-income
units. The Commission on Affordable
Housing Advisory Committee reviewed these requests and made these funding
recommendations on April 24, 2008 and on May 29, 2008. Staff will present the individual County
agreements to the Board of County Commissioners for final approval at a later
date. These are State funds which require no local match. Districts 2, 3, 6 & 7 (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: Release of Utility Easement on land owned by GKK – Hagen Ltd. SUMMARY:
This document will release the County’s interest in a
utility easement (Easement) recorded in the Official Records of Palm Beach
County in Book 11010, Page 1824 and in Book 15854, Page 0488 on land owned by
the William A. Mazzoni Revocable Trust and subsequently sold to GKK – Hagen
Ltd. (PCN 00-42-43-27-05-049-1050). The
Water Utilities Department has determined that this Easement is no longer
needed, and therefore recommends the release. District 5 (JMB)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends
motion to approve: a Potable
Water and Wastewater Development Agreement (Agreement) with Villa Regina of
West Palm Beach, Inc. SUMMARY: Villa Regina of West Palm Beach, Inc. (Villa
Regina) owns property located on Haverhill Road, south of Community Drive. In order to provide potable water and
wastewater concurrency reservations for new developments, the Department
requires property owners to enter into a formal development agreement with the
Department. While the Department Director has been delegated the authority to
enter into Standard Development Agreements (SDA’s), Board approval is being
sought in this case due to the type of facility being constructed by Property
Owner and the fees associated with the classification of the facility. The Department has determined the service
shall be provided based on a revised multi-family residential connection
classification of 0.40 ERCs per unit.
This classification does not currently exist in the Department’s Uniform
Policies and Procedures Manual (UPAP), but will be added during the next
revision to the UPAP. The special
conditions in this Agreement reference this special classification. District
2 (MJ)
3. Staff recommends
motion to receive and file: two
(2) Standard Development Agreements and one (1) Standard Development Renewal
Agreement complete with executed documents received during the month of April
2008:
Standard Development Agreements
A) Kidsanctuary,
Inc. (District 2) 01-01209-000
B) 2004
Delaware, Inc & GPRA Thoroughbred
Training Center, Inc. (District 3) 05-01096-000
Standard
Development Renewal Agreement
C)
G L
Homes of Boca Raton Associates V, Ltd.
(District
5) 09-01037-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)
4. Staff recommends
motion to receive and file: closing
documents relating to the purchase and sale of the Indian Trail Improvement District’s utility system. SUMMARY: On March 11, 2008, the
Board approved the purchase of the Indian Trail Improvement District’s
(District) utility system and set a closing date for on or before April 30,
2008 (R2008-0462). The funds to purchase the utility were transferred to
the District on April 30, 2008, and the President of the District’s Board has
executed the required documents. District 6 (MJ)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement with Community Child Care Center of Delray
Beach Foundation, Inc., d/b/a Achievement Centers for Children and Families
Foundation for the period June 17, 2008, through January 30, 2009, in an amount
not-to-exceed $10,000 for funding of upgrades to playground equipment. SUMMARY: This
funding is to help offset costs for playground equipment upgrades for the
Achievement Centers for Children and Families Foundation (“Achievement
Centers”) for its Lake Ida campus. Approximately 300 children are served in the
Lake Ida campus programs. This Agreement
allows for the reimbursement of eligible expenses incurred subsequent to
February 21, 2008. Funding is from the
Recreation Assistance Program (RAP) District 4 Funds. District 7 (AH)
2. Staff recommends
motion to approve: Agreement with Victory Enterprises and Ventures,
Inc. for the period June 17, 2008, through December 30, 2008, in an amount
not-to-exceed $5,000 for funding of summer recreational programs and field
trips. SUMMARY: This funding is to help offset costs
for summer camps and field trips sponsored by Victory Enterprises and Ventures,
Inc. Approximately 75 children and youth
will be participating in these summer activities. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to May 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
3. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Royal Palm Beach Elementary School in an
amount not-to-exceed $5,000 for funding of the After School Program. SUMMARY: This fully executed
Request for Funding Form is for School Board RAP allocations made in accordance
with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747),
as amended. Funding is from the Recreation Assistance Program (RAP) District 6
Funds. District 6 (AH)
4. Staff recommends
motion to receive and file: original
executed Request for Funding Form for School Board Recreation Assistance
Program (RAP) project for Crestwood Middle School in an amount not-to-exceed
$8,000 for funding of After School Programs.
SUMMARY: This fully executed Request for
Funding Form is for School Board RAP allocations made in accordance with the
Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as
amended. Funding is from the Recreation Assistance Program (RAP) District 6
Funds. District 6 (AH)
5. Staff recommends
motion to approve: First
Amendment to Agreement (R2007‑0554) with the City of Boynton Beach for
funding of Little League Park field improvements. SUMMARY:
This Amendment extends the project completion date for the Boynton
Beach Little League field improvements project from December 31, 2007, to
February 8, 2008, in order to accommodate the dates for reimbursement
documents. All other terms of the
Agreement including the funding amount of $35,000 remain the same. The project has been complete since the
original project completion date of December 31, 2007; however, the final
payment for work completed was not issued until February 8, 2008. Funding is from the Recreation Assistance
Program District 3 and District 7 Funds. District 7 (AH)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to adopt: Resolution authorizing the County
Administrator or his designee to execute standard entertainment contractor
agreements for the provision of dancers, musicians, and specialty performers at
County facilities. SUMMARY: Palm Beach County Parks and Recreation
Department (Parks) regularly hosts special events in which entertainers are needed. Due
to the frequency of hiring entertainers, staff is recommending that the Board
of County Commissioners (BCC) approve a resolution which delegates
authority to the County Administrator or his designee to execute standard
entertainment contractor agreements on behalf of the County. Countywide (AH)
7. Staff recommends
motion to approve: Agreement
with the City of West Palm Beach for the
period June 17, 2008, through September 28, 2008, in an amount not-to-exceed
$7,500 for funding of the Kaleidoscope 2008 event. SUMMARY: This funding is to help
offset costs incurred by the City of West Palm Beach for the Kaleidoscope 2008
Event held in downtown West Palm Beach on January 27, 2008. Approximately 41,000 participated in or
attended the event. The Agreement allows for the reimbursement of eligible
expenses incurred subsequent to December 1, 2007. Funding is from the
Recreation Assistance Program (RAP) District 2 Funds. District 7 (AH)
8. Staff recommends
motion to approve: Agreement
with the City of Boynton Beach for the period June 17, 2008, through September
30, 2008, in an amount not-to-exceed $7,000 for funding of the 2008 Boynton
Beach Heritage Celebration event. SUMMARY:
This funding is to offset expenses paid by the City of Boynton Beach
for the 2008 Boynton Beach Heritage Celebration held during the month of
February 2008. The various activities in
the event attracted approximately 6,000 participants. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to December 20,
2007. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds.
District 7 (AH)
9. Staff recommends
motion to receive and file: original executed Amendment to Request for
Funding Form for School Board Recreation Assistance Program project for Lake
Worth Community Middle School for the purchase of band and percussion section
uniforms (R2007‑0994) to extend the project completion date from June 30,
2008, to December 31, 2008. SUMMARY: This fully executed Amendment to Request
for Funding Form is being processed in accordance with the Interlocal Agreement
for the Funding of Recreation Assistance Program (RAP) Projects (R2003-1747),
as amended. District 3 (AH)
10. Staff recommends
motion to receive and file: executed Independent Contractor Agreement
received during the month of May: Eric Mundt, Diving Instructor, Aqua Crest
Pool. 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 Agreement has been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and is now being submitted to the Board to receive and file. District 4 (AH)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to approve:
A) Interlocal Agreement with the City of Lake
Worth whereby, in exchange for the City creating 20 car/boat trailer parking
spaces, the Parks and Recreation Department will provide Department of
Environmental Resources funding in an amount not-to-exceed $225,000 for
demolition of the old Lake Worth Bridge located within the Snook Island Natural
Area Boardwalk Project; and
B) Budget Transfer of $225,000 within the $25M GO Parks and Cultural
Improvements Bond Fund - 2003 from Boynton Beach Boat Ramp to Snook Island Natural Area.
SUMMARY: This Interlocal Agreement provides for the
County’s Park and Recreation Department to contribute the estimated $225,000
for the demolition of the old Lake Worth Bridge to the County’s Department of
Environmental Resources Management (ERM) for the Snook Island Natural Area
Boardwalk Project in exchange for the City adding 20 boat trailer parking
spaces on Golf Course Road. Lease
Agreement (R2007-1539) between the County and the City requires ERM to
construct the Snook Island Natural Area project once the City provides the
necessary funds to demolish the western portion of the old bridge.
Should the City fail to provide ERM with this funding, the County has
the option of canceling the project or in the alternative completing the
project with County funding for the demolition of the bridge. Since the City is unable to provide the funds
necessary to demolish the bridge, and additional boat trailer parking is a goal
of the Parks and Recreation Department that will substantially benefit the
boating public, staff recommends approval of this Interlocal Agreement. District 3 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve:
A) Palm Beach County’s electronic submittal
and approval of the FY 2008 Edward Byrne Memorial Justice Assistance Grant
(JAG) application, previously called the Local Law Enforcement Block Grant
(LLEBG), for the period October 1, 2007, to September 30, 2011, totaling
$94,140 in federal funds; and
B) authorization for the County Administrator or his designee to
execute electronically all related documents for Palm Beach County’s FY 2008 JAG and to
execute all necessary forms and documents as required by the U.S. Department of
Justice, Office of Justice Programs.
SUMMARY: Palm Beach County is eligible to receive a direct award of $94,140 for the following two (2) proposals: 1) the State Attorney’s Office in the amount of $60,000 for the Community-Based Anti-Crime Unit (COMBAT); and 2) the Public Defender’s Office in the amount of $34,140 for the Ex-Offender Re-Entry Program. The two (2) proposals are included in the FY 2009 budget and there is no requirement for match with the JAG funds. Countywide (DW)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to:
A) approve the following contracts with agencies to
provide drug treatment and testing services to individuals referred by the
Juvenile Delinquency Drug Court, in a cumulative amount not-to-exceed $79,273
for the period April 1, 2008, to September 30, 2008:
1) Drug Testing and Counseling Services in
the amount of $22,693; and
2) The Drug Abuse Treatment Association, Inc. (DATA) in the amount of $56,580
B) authorize the County Administrator or his designee to
execute amendments to these contracts on behalf of the Board of County
Commissioners to adjust the not-to-exceed amounts as long as the cumulative
total does not exceed $79,273;
C) approve a Budget Transfer
of $79,273 from the Drug Abuse Trust Fund reserves to provide funding for this
program; and
D) approve a Budget Amendment of $79,273 in the General
Fund to establish program budget.
SUMMARY: On November 14, 2007, the Criminal Justice Commission (CJC)
approved the use of $79,273 in Drug Abuse Trust Fund monies to contract for
outpatient substance abuse treatment and testing services for juveniles who are
court ordered to treatment through the Delinquency Drug Court Pilot Program
located in Palm Beach County. There is no ad valorem funding. Countywide (DW)
Z. RISK
MANAGEMENT
1. Staff recommends
motion to receive and file: the letter from CIGNA, which replaces its
original letter dated September 14, 2008, confirming the renewal rates for the
self-insured health plan for the period January 1, through December 31, 2008,
allowing and authorizing payment of all outstanding Health Insurance
Portability and Accountability Act (HIPAA) and Pharmacy fees for the current
plan year. SUMMARY: At its October 16, 2007 meeting, the
Board approved the first annual option to renew the Amended and Restated
Administrative Service Only Agreement (R2006-2287) dated October 17, 2006, with
Connecticut General Life Insurance Company (CIGNA) for claims administration
services for the County’s self-funded triple option (HMO, POS, PPO) health
insurance plan for the period January 1, 2008, through December 31, 2008, which
included a letter from CIGNA summarizing its proposed administrative fees and
specific stop loss premiums for plan year 2008. However, the letter unintentionally omitted
two (2) agreed-upon monthly rates. The
rates omitted were the HIPAA fees, in the amount of $.16 cents per employee/per
month, and the Pharmacy Fee, in the amount of $2.30 per employee/per month. Countywide (TKF)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve:
A) the donation of
eight (8) 30’ 1997 Gillig Phantom buses and transference of vehicle title to
various district organizations;
B) Budget Transfer of
$9,800 from the Transportation Improvement Fund District 4 Gas Tax Reserve to
Palm Tran's Operating Fund for two (2) buses;
C) Budget Transfer of
$19,600 from the Transportation Improvement Fund District 6 Gas Tax
Reserve to Palm Tran's Operating Fund for four (4) buses;
D) Budget Transfer
of $9,800 from the Transportation Improvement Fund District 7 Gas Tax
Reserve to Palm Tran's Operating Fund for two (2) buses;
E) Budget Amendment of
$39,200 in Palm Tran's Operating Fund;
F) Agreement between Palm Beach County and Barton’s Boosters, Inc.;
G) Agreement between Palm Beach County and Street Beat, Inc.;
H) Agreement between Palm Beach County and Bridge the Gap-Empowerment
Center, Inc.;
I) Agreement between Palm Beach County and Omnipotent Outreach Ministry,
Inc.;
J) Agreement between Palm Beach County and the City of Pahokee;
K) Request to transfer assets to Fixed Assets MGT Office, Palm Beach County;
L) Resolution declaring eight (8) 30’ transit style 1997 Gillig Phantom
buses excess County property.
SUMMARY: Palm Tran needs to dispose of eight (8) 30’ 1997 Gillig Phantom
buses. All of these buses have reached
their useful life, and in accordance with the Federal Transit Administration
(FTA) guidelines, may be disposed of. If
Palm Tran would have offered these buses up for disposal by auction, they could
have realized up to $4,900 each in revenue.
The County Commissioners from Districts 4, 6 and 7 have agreed to
utilize their respective Gas Tax funds to reimburse Palm Tran for loss of
revenue. The revenue from these funds
will be used for Palm Tran’s operation.
Commissioner McCarty will sponsor two (2) buses to Barton’s Boosters,
Inc.; Commissioner Greene will sponsor one (1) bus to Bridge the
Gap-Empowerment Center, Inc. and one (1) bus to Omnipotent Outreach Ministry,
Inc.; Commissioner Santamaria will sponsor two (2) buses to Street Beat, Inc.,
and two (2) buses to the City of Pahokee.
All recipients are non-profit organizations, or a city within Palm Beach
County. Countywide (DR)
JUNE 17, 2008
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
2. Staff recommends
motion to:
A) adopt a Resolution approving a Florida Department of
Transportation (FDOT) Supplemental Joint Participation Agreement No. 2 (JPA) FM
No. 23689319401, providing additional funding for the construction of the
Intermodal Transit Facility in West Palm Beach; amending the original JPA by
increasing the total award to $2,740,000 (a $440,000 increase – State funds)
and extending the contract period to March 31, 2010;
B) approve a Budget
Amendment of $440,000 in the Palm Tran Grants Fund to reconcile the FY 2008
budget to the actual grant award; and
C) approve a Budget Amendment of $440,000 in the Public Building Improvement Fund
to recognize the transfer from Palm Tran Grants Fund.
SUMMARY: FDOT is
providing a supplemental grant of $440,000 (100% state funds, no match
required) to fund costs associated with the planning, design, and construction
of the intermodal transit facility adjacent to the existing South Florida
Regional Transportation Authority station.
Improvements will include bus bays and pedestrian friendly
features. Countywide (DR)
* * * * * * * * * * * *
JUNE 17, 2008
4. SPECIAL
PRESENTATION - 9:30 A.M.
A. Certificate
of Appreciation to Senator Jeff Atwater in appreciation for his leadership in
securing funding for the continuation of the restoration of the Lake Worth
Lagoon.
* * * * * * * * * * * *
JUNE 17, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to adopt: 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. Staff recommends
motion to:
A) approve the filing of the FY 2008 Section 5307
Federal Transit Administration (FTA) Grant Application for capital funds in the
amount of $14,532,222;
B) authorize the Palm Tran Director or
Assistant Director through the County Administrator to execute, on behalf of
the Board, and to transmit electronically the Board’s approval of the 5307
grant award.
C) approve Budget Amendment in the Palm
Tran Grants Fund contingent upon actual grant award.
SUMMARY: The
FY 2008 allocation of federal funds for the Miami Urbanized Area which includes
Palm Beach County is $99,987,166. The funds are split between Miami Dade,
Broward, South Florida Regional Transportation Authority and Palm Beach County.
The grant will fund capital items necessary for the continued operations of the
Palm Tran system: 1) replace eight
(8) buses that will exceeded their useful lives in FY ‘08 and fund the purchase
of 11 of the 25 buses due to be replaced in FY ‘09; 2) replace one (1) passenger
and one (1) cargo van; 3) replace four (4) relief vehicles; 4) capitalized maintenance; 5) purchase transit
security equipment; 6) construct Belle Glade maintenance facility; 7) shop equipment;
8) purchase M.I.S. equipment; 9) miscellaneous support equipment; 10) minor facility
renovation projects; 11) lease for
CONNECTION facilities; 12) preventive maintenance; 13) employee education and
training; and 14) complete transit enhancements to improve fixed route
access.
The grant requires a 20% local match, Palm Tran has requested approval
from the Florida Department of Transportation (FDOT) for the use of toll
revenue credits as the required local 20% match of the federal dollars for the
capital funds. Therefore, the projects
budget lists the capital projects at 100% cost for the federal share, no County
funds are required. Countywide
(DR)
JUNE 17, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
C. Staff
recommends motion to:
A) approve the filing of the FY 2008 Section 5309
Federal Transit Administration (FTA) Grant Application for capital funds in the
amount of $2,135,140;
B) authorize the Palm Tran Director or
Assistant Director through the County Administrator to execute, on behalf of
the Board, and to transmit electronically the Board’s approval of the 5309
grant award; and
C) approve Budget Amendment in the
Palm Tran Grants Fund contingent upon actual grant award.
SUMMARY: For
FY 2008 Congress earmarked $2,135,140 for the following specific
projects: purchase of buses ($585,040); the purchase of a Vehicle Locator and
Passenger Counter (AVL-APC) System ($789,340); design and plan facility in
Belle Glade ($760,760). Palm Tran
has requested approval from the Florida Department of Transportation (FDOT) for
the use of toll revenue credits as the required local 20% match of the federal
dollars for the capital funds.
Therefore, the projects budget lists the capital projects at 100% cost
for the federal share, no County funds are required. Countywide (DR)
* * * * * * * * * * * *
JUNE
17, 2008
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: Presentation of the 2008 Legislative Session final report. SUMMARY: A presentation of the final legislative
report reviewing Palm Beach County’s 2008 Legislative Agenda priorities and
appropriations with the Board of County Commissioners. Countywide (DW)
TIME CERTAIN – 11:30 A.M.
2. Foundcare
Presentation – New Community Health Center
B. COUNTY ATTORNEY
1. Staff recommends
motion to adopt: a Resolution approving the issuance of Variable Rate
Demand Revenue Bonds in an amount not-to-exceed $42,000,000 (the “Bonds”) by
the Palm Beach County Educational Facilities Authority (the “Authority”). Summary: The proceeds of the
Bonds will be used by the Authority to make a loan to Palm Beach Atlantic
University, Inc. (the “University”) to refinance certain existing debt, to
acquire certain new property and to provide improvements to the existing
post-secondary educational facilities of the University. Approval by the Board is required by the
Internal Revenue Code. Neither the taxing power nor the faith and
credit of the County, nor any County funds, shall be pledged to pay principal
or redemption premiums, if any, or interest on the Bonds. District 2 (PFK)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on Tuesday,
July 22, 2008, at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Sections 14-242 through 14-248 of the Palm Beach Code, codifying Palm
Beach County Ordinance No. 93-8, as amended by Ordinances No. 94-1, 94-24,
95-22, 01-026, and 03-026, known as the Palm Beach County Affordable Housing
Ordinance, providing for policy and purpose; providing for definitions;
providing for use of funds, providing for the Commission on Affordable Housing;
providing for roles and responsibilities; providing for distribution of monies;
providing for maximum administrative expenses; providing for implementation of
programs; providing for repeal of laws in conflict; providing for savings
clause; providing for severability; providing for inclusion in the Code of Laws
and Ordinances; providing for enforcement; providing for penalties; providing
for captions; and providing for an effective date. Summary: Changes to the CAH Ordinance are recommended
to meet the requirements of HB 1375 (2007).
Countywide (TKF)
JUNE
17, 2008
6. REGULAR
AGENDA
C. ENGINEERING & PUBLIC WORKS
1. 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 (4) 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 (MRE)
2. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on Tuesday, July 22, 2008 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five-Year Road Program; providing for title; purpose; adoption of revised Five-Year Road Plan and revised list of projects contained in Exhibit “A”; implementation of the Plan; modification of Plan; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date. SUMMARY: This is the Mid Year Adjustment of the County’s Five-Year Road Plan which is required to be considered each year by the Five-Year Road Program Ordinance. Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5) years and contains certain changes and modifications. This list is submitted for Board consideration on preliminary reading today with the final list to be approved with the Ordinance at public hearing on Tuesday, July 22, 2008. Countywide (MRE)
D. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve and advertise for Public Hearing on Tuesday, July 22, 2008 at
9:30 a.m.: the Draft Palm Beach County Action Plan (AP) for FY
2008-2009, which includes the Community Development Block Grant (CDBG)
Selection Committee’s funding recommendations for the CDBG Program; the
Emergency Shelter Grant Program (ESGP) Advisory Board’s funding recommendations
for ESG Program; and the HOME Investments Partnership (HOME) Program description. SUMMARY: In order to receive CDBG, ESGP,
and HOME annual entitlement grant allocations, federal regulations require Palm
Beach County to prepare a Draft Action Plan (AP) which should be finalized and
submitted to the U.S. Department of Housing and Urban Development (HUD), no
later than August 15, 2008. Failure to meet the above deadline will
automatically result in the loss of CDBG funds for the upcoming fiscal year. The Draft Palm Beach County Action Plan
outlines the recommended expenditures of FY 2008-2009 entitlement grants as
follow: CDBG - $6,799,338; ESG - $304,558;
HOME - $2,512,639, and an additional $21,563 under the HOME American Dream Down
payment Initiative (ADDI) program. These
are federal funds which do not require a local match. Countywide (TKF)
JUNE
17, 2008
6. REGULAR
AGENDA
E. PUBLIC SAFETY
1. Staff recommends
motion to approve: a Budget Transfer of $45,025 from the General Fund
Contingency for funding for the Fifteenth Judicial Circuit Court’s Civil
Traffic Hearing Officer Program for the period of July 1, 2008, through
September 30, 2008. SUMMARY: On March 11, 2008, as a result of State
budget cuts, the Board approved $44,500 to maintain the Civil Traffic Court
Hearing Officer Program for the period of March 14, 2008, through June 30,
2008. Due to the State’s lack of funding
for this program, the Court is requesting an additional $45,025 for the period
of July 1, 2008, through September 30, 2008. The total annual cost for the
program is $199,800. The State Court’s Trial Court Budget Commission has
tentatively allocated $77,654 for the program for July 1, 2008, through June
30, 2009. The amount of $77,121 has been
requested in our Fiscal Year 2009 budget to fund the balance of this program
through June 30, 2009. Countywide
(DW)
F. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to:
A) authorize Staff to negotiate an exchange of 12 acres of the County’s Haverhill Linear Park property for 10 acres of adjoining property owned by Palm Beach Atlantic University (PBAU);
B) suspend work on the
affordable housing project on the Linear Park property until completion of the
exchange with PBAU;
C) approve a Budget Transfer
of $100,000 ($30,000 from Planning, $70,000 from Facilities) from the General
Fund to the Public Building Improvement Fund; and
D) approve a Budget Amendment
of $100,000 in the Public Building Improvement Fund to recognize the transfer.
Summary: The County
accepted a donation of a 24 acre parcel of property commonly known as Haverhill
Linear Park from the Town of Haverhill in 2007.
It is a 210’ wide strip extending from Belvedere Road to Southern
Boulevard and is bisected by a Lake Worth Drainage District canal. PBAU owns approximately 58 acres adjacent to
the southwest side of the County’s property.
Staff is recommending an exchange of 12 acres of the County’s property
lying south of a canal bisecting the Linear Park property for 10 acres of
PBAU’s property lying north of the canal.
This exchange will provide both parties with a better, more developable
configuration and will avoid the cost of constructing one or more bridges
across the canal. PBAU has conceptually
approved the exchange, but an exchange agreement still must be negotiated and
approved by the County and PBAU. Staff
is recommending that further work on a plan for development of workforce
housing on the Linear Park property be suspended until approval of the exchange
agreement with PBAU, because until the exchange is completed, further planning
on the County’s existing property would be of little benefit. This will not
impact the timing of the completion of the donation to the Boys & Girls
Clubs conceptually approved by the BCC on May 6, 2008. The Budget Transfers and Amendments establish
the funding required for the preparation (planning and engineering work) and
processing of the site plan approvals necessary for the development of the
workforce housing project. (PREM) District 6 (HJF)
* * * * * * * * * * * *
JUNE 17, 2008
7. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Head Start/Early
Head Start Policy Council))
1. Staff recommends
motion to approve: appointment of the following Community
Representatives to the Head Start/Early Head Start (HS/EHS) Policy Council for
a term of three (3) years, effective June 17, 2008:
Seat
No. Name Term Nominated
By
8 Nadine Burke 06/17/08 to 06/16/11 Comm. Aaronson
Comm. Koons
Comm. Santamaria
9 Gwenette Royal 06/17/08 to 06/16/11 Comm. Aaronson
Comm. Koons
Comm. Santamaria
SUMMARY: The HS/EHS Performance Standards require
that community representation be included in the makeup of the HS/EHS Policy
Council. The term of appointment for Policy Council members is three (3) years.
The Council is comprised of 33 members, of which nine (9) must be
representatives of the community. The nominees above meet all applicable
guidelines and requirements as outlined in the Performance Standards and
Resolution No. R2006-1878. The HS/EHS
Policy Council has recommended these individuals for appointment. Written
notice was sent to each Commissioner to request nominations in accordance with
PPM CW-O-023. (Head Start) Countywide (TKF)
B. PUBLIC SAFETY
(Emergency Medical
Services Advisory Council)
1. Staff recommends
motion to approve: appointment of two (2) At-Large members
to the Emergency Medical Services Advisory Council for the term of June 17,
2008, through June 16, 2010. Seat No. 2 has three (3) persons seeking
nomination:
Nominee Representing/Seat No. Nominated by:
David M. Soria. M.D. Hospital Administration/No. 7 Comm.
Santamaria Comm.
Greene
Comm.
Koons
Patricia Gooch ER Nurses Forum/No. 2
Comm. Greene
Comm.
Koons
OR
David A. Summers ER Nurses Forum/No. 2
Comm. Greene
OR
Joann Franklin ER Nurses
Forum/No. 2 Comm.
Santamaria Comm. Greene
SUMMARY: A memo was sent to all Board members on April
24, 2008, seeking nomination approvals for Seat No. 7 and Seat No. 2. No other
appointments were received from the Board.
The above two (2) at large seats are currently open due to resignations.
The above nominees are seeking appointment and desire to serve a two (2) year
term which will begin June 17, 2008, through June 16, 2010. The EMS Council
consists of 17 members who include ten (10) members that represent the various
components of the EMS system with specific requirements and seven (7) members
that are Commission District Consumer appointments. All nominees reside in Palm Beach County. Countywide
(DW)
JUNE 17, 2008
7. BOARD
APPOINTMENTS
C. ADMINISTRATION
(Small Business Assistance Advisory Committee)
1. Staff recommends
motion to approve: reappointment/appointment of four (4) individuals to
the Small Business Assistance Advisory Committee, for a term of one (1) to
three (3) years:
Reappoint
Nominee
Seat Designation
Term
Nominated By
Laura Corry 7 Hispanic Chamber of 3 years
Commerce 02/25/08-02/24/2011
John Elliott 10 Minority Contractor 3 years
02/25/08-02/24/2011
Appoint
Nominee
Seat Designation Term Nominated
By
Laurence 13
Business Loan Fund 2
years
Davenport 6/17/08
–07/13/2010
Ron Snyder 4 Certified
White Male 1 year
6/17/08
– 06/20/2009
SUMMARY: The
SBA Advisory Committee was established by Ordinance 2002-064 and modified by
Ordinance 2008-014. The committee consists of fourteen (14) members
representing one (1) black business owner certified as a small business by the
County; one (1) Hispanic business owner certified as a small business by the
County; one (1) woman business owner certified as a small business by the
County; one (1) white male business owner certified as a small business by the
County; one (1) business owner domiciled in Palm Beach County; one (1)
representative of the Palm Beach County Resource Center; one (1) representative
of the Hispanic Chamber of Commerce; one (1) representative of the National
Organization of Women in Construction; one (1) representative of a Women’s
Business Organization; one (1) certified minority contractor; one (1)
representative of the Associated General Contractors; one (1) representative of
the Small Business Development Center; one (1) representative of the Business
Loan Fund of the Palm Beaches; and, one (1) representative of a Black Chamber
of commerce. Seat Numbers 7 and 10 are available because the terms have
expired. Representatives for seats 7 and 10 have expressed a desire to continue
in the same capacity. The representative for Seat Number 13 is a new
appointment and will complete the original term of the incumbent who was
replaced by another organizational staff person. The representative for Seat
Number 4 is a new appointment and will complete the original term of the
incumbent due to a resignation. Countywide (TKF)
D. COMMISSION DISTRICT
APPOINTMENTS
* * * * * * * * * * * *
JUNE 17, 2008
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 17, 2008
9. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
June 17, 2008 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 17, 2008
PAGE ITEM
6 3B-2 REVISED
TITLE: Staff recommends motion to approve: the following final minutes of the Board of
County Commissioners= meetings:
Meeting Type Meeting Date
Joint
Meeting w/Legislative Delegation April
December 19, 2007
(Clerk & Comptroller)
7 3C-6 DELETED:
Staff recommends motion to adopt: a Resolution transferring a platted Access
Control Easement (ACE) on the south line of Tract A to the Florida Department
of Transportation (FDOT). SUMMARY:
This action will adopt a Resolution
giving FDOT control of an ACE abutting the Beeline Highway at Steeplechase
Drive. District 1 (PK)
(Engineering) (Further staff review)
8 3E-3 DELETED:
Staff recommends motion to
approve: FY 2008-2009 Community Services Block Grant (CSBG) Award Agreement
with the State of Florida Department of Community Affairs for the period
October 1, 2008, through September 30, 2009, in an amount of $1,068,932 for
services to low-income households.
(Community Services) (Further staff review)
17 3I-4 REVISED TITLE: A)…B) approve Interlocal Cooperation
Agreements with the following twenty-eight (28) participating
municipalities, as required by HUD for participation in the FY 2009-2011
Urban County Qualification Program.: Atlantis, Belle Glade, Briny
Breezes, Cloud Lake, Glen Ridge, Greenacres, Gulf Stream, Haverhill, Hypoluxo,
Juno Beach, Jupiter, Lake Park, Lake Worth, Lantana, Manalapan, Mangonia Park,
North Palm Beach, Pahokee, Palm Beach Gardens, Palm Beach Shores, Palm Springs,
Riviera Beach, Royal Palm Beach, South Bay, South Palm Beach, Tequesta, Village
of Golf, and Wellington. (HCD)
18 3I-5 MOVED TO REGULAR 6D-2: Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation. (HCD)
18 3I-6 REVISED TITLE: Staff
recommends motion to:
A)….B)…; and C) approve the following program
allocations: 1) Purchase Assistance Program $4,034,129 $4,200,018;
2) Homeownership Development $750,000; 3) HOME Program Match $550,000; 4)
Foreclosure Prevention $250,000; 5) Utility Connection/Impact Fee $150,000; 6)
Special Needs Barrier Free $300,000; 7) Special Needs/Replacement Housing
$500,000; 8) Multi-Family Rental Development $750,000; and 9) Program
Administration $1,316,322 $1,150,433. (HCD)
28 5B REVISED
TITLE: Staff recommends motion to:
A)…; B)…;
and C) approve Budget Amendment
of $2,782,222 in the Palm Tran Grants Fund contingent upon actual grant
award. (Palm Tran)
29 5C REVISED
TITLE: Staff recommends motion to:
A)….B)….; and C)
approve
Budget Amendment of $843,780 in the Palm Tran Grants Fund contingent
upon actual grant award. (Palm Tran)
30 6A-3 ADD-ON: Staff
recommends motion to adopt: a Resolution to the Florida Congressional Delegation regarding the
national strategic importance of maintaining spaceflight expertise at the
Kennedy Space Center and ensuring that future crew and cargo logistic missions
to the International Space Station use domestic capabilities. SUMMARY: Palm Beach County’s
Aviation Cluster Industry is a key component of Palm Beach County’s 21st
Century Strategic Economic Plan. The County’s Aviation Cluster Industry
includes over 175 businesses employing over 10,851 people. Signature companies
include Florida Turbine Technologies, Pratt Whitney Rocketdyne, Sikorsky
Aircraft and Belcan. The total annual economic impact of this cluster industry
is estimated at over $363 million. In 2006-2007, aviation business recruitment
was the leading cluster industry expansion in Palm Beach County. Until the
replacement program for the Space Shuttle, the Constellation Program, reaches
operational status, the United States currently plans to fill space research
and delivery operations by purchasing logistic services from the Russian
Federation. This will make the United States largely dependent on the Russian
Federation for pricing, scheduling, and security of American research and
development. On April 21, 2008, the Board of County Commissioners received a
letter from the Chairman of the Brevard County Commission requesting passage of
a Resolution regarding the upcoming retirement of the Space Shuttle Program and
suspension of the United States Human Spaceflight Program. Approximately 6,400
positions will be eliminated at the Kennedy Space Center after the retirement
of the Space Shuttle in 2010. A NASA economic study estimates an economic loss
of $879 million a year to Florida’s Economy as a result of this action. Countywide
(DW) (Admin/Economic Development)
30 6A-4 DELETED: Staff requests Board direction: regarding an Amendment to the Development
Agreement (R2007-0579) with Ocean Properties, LTD, Convention Center Hotel
Development, LLC, Convention Center Residential Development, LLC, Convention
Center Garage Development, LLC, and Convention Center Tunnel Development, LLC
to construct the Convention Center Hotel, Residential Condominiums, Garage, and
Tunnel. (Admin) (To provide more time for review)
30 6B-2 REVISED
SUMMARY: Changes to the CAH Ordinance are recommended to meet the
requirements of Chapter 2007-198, Laws of Florida, Section 420-9076, Florida
Statutes HB 1375 (2007). (County Attorney)
31 6C-3 ADD-ON: Staff recommends motion to
approve: Contract
Amendment No. 2, to the Primary Annual Traffic Signal Contract (Contract), with
Signal Technology and Installation Corporation (Contractor) dated February 7,
2006 (R2006-0176). SUMMARY: The Contract consists of the installation and
maintenance of traffic signal systems throughout Palm Beach County. Contract Amendment No. 2 adds a list (Exhibit
1) of work items to the Contract with no change to the original terms,
conditions and Contract amount. The
Small Business Assistance goal for the Project is 15%. The Small Business Enterprise (SBE)
participation committed for the project by the Contractor is 15.8%
overall. As of May 21, 2008, the
Contractor has an actual SBE participation of 17.55%. Countywide (MRE) (Engineering)
31 6D-2 ADD-ON, MOVED FROM CONSENT (3I-5): Staff recommends motion to approve: funding for the purchase of hurricane shutters for Catherine Longsworth an employee of Housing & Community Development (HCD), under the Hurricane Housing Recovery Program (HHRP) funded through a grant from the Florida Housing Finance Corporation. (HCD)
34 7C-1 REVISED TITLE: Staff recommends motion to approve:
reappointment/appointment of four (4) individuals to the Small Business
Assistance Advisory Committee, for a term of one (1) to three (3) years:
Reappoint
Nominee
Seat Designation
Term
Nominated By
Laura Corry 7 Hispanic Chamber of 3 years Comm.
Greene
Commerce 2/25/08-2/24/2011 Comm. Kanjian
Comm.
McCarty
Comm.
Marcus
John Elliott 10 Minority Contractor 3 years Comm.
Greene
2/25/08-2/24/2011 Comm. Marcus
Appoint
Nominee
Seat Designation Term Nominated
By
Laurence 13
Business Loan Fund 2
years Comm.
Greene
Davenport 6/17/08
–7/13/2010 Comm. McCarty
Comm.
Marcus
Ron Snyder 4 Certified
White Male 1 year Comm. Greene
6/17/08
– 6/20/2009 Comm. Marcus
(Admin/OSBA)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).