ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 13, 2009
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 -39)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 40)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 41)
6. REGULAR
AGENDA (Pages 42 - 48)
TIME
CERTAIN – 10:00 A.M. (Judge Winikoff Road Street Name Change) (Page 47)
TIME
CERTAIN – 10:15 A.M. (Boat Trailer Parking Fee) (Page 47)
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS ENVIRONMENTAL CONTROL BOARD (Page 49)
8. BOARD
APPOINTMENTS (Pages 50 - 55)
9. STAFF
COMMENTS (Page 56)
10. COMMISSIONER
COMMENTS (Page 57)
11. ADJOURNMENT (Page 57)
* * * * * * * * * * *
JANUARY 13, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolution
of City of Belle Glade urging Florida Legislature to provide fair share of
funding
3A-2 Agreement
with Cultural Council for funding/administration of cultural grant program
3A-3 Two
(2) agreements for cultural grants (Dolly Hand Cultural Arts Center and Duncan
Theatre)
3A-4 Deleted
3A-5 Amendment
No. 1 with ARC of Palm Beach County to correct scrivener’s error
Page 8
3A-6 Amendment
No. 2 with Tripp Electric Motors under CDBG Economic Set-Aside Agreement
3A-7 Loan
Agreement with Glades Gas & Electric Corporation for Section 108 Program
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Receive
and file Report of County Officials bonds
3B-5 Approve
bonds of re-elected County Officials
3B-6 Receive
and file change orders, work task orders, minor contracts and final payments
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Payment
to FDOT for future maintenance of Hooker Highway
Page 10
3C-2 County
deed in favor of Town of Cloud Lake for Stub Canal right-of-way ownership
3C-3 Resolution
approving Specific Purpose Survey Maintenance Map regarding 59th
Lane North
3C-4 Resolution
re-designating Charleston Road and Clendenin Street as County right-of-way
Page 11
3C-5 Lift
station easement in favor of Loxahatchee River Environmental Control District
3C-6 Amendment
with City of Delray Beach regarding Linton Blvd. bascule bridge tender house
3C-7 Deleted
3C-8 Resolution
vacating 2.80 ft of utility easement within Homes of Lee’s Crossing
3C-9 Renewal
of Surveying and Mapping annual agreement with Dennis J. Leavy & Associates
3C-10 Maintenance and Ingress/Egress Easement for Indiantown Road golf
cart underpass
Page 12
3C-11 Budget Transfers for Keep Palm Beach County Beautiful
3C-12 Supplemental Agreement No. 1 with Arcadis U.S.
regarding Burns Road/Military Trail intersection improvements
3C-13 Renewal of intersection improvement annual agreement with Erdman
Anthony of Florida, Inc.
3C-14 Renewal of structural engineering services
annual agreements with Corzo Castella Carballo Thompson Salman and R.J. Behar
& Company
Page 13
3C-15 First Amendment with Boca Pointe Community Association for SR 845
maintenance
3C-16 Budget Transfer for Road & Bridge maintenance
D. COUNTY ATTORNEY
Page 13
3D-1 Amendments
to agreements for bond counsel and related services with seven (7) law firms
Page 14
3D-2 Payment
to Leon County for pro-rata share of litigation styled Leon County v. Jeffrey
Lewis
E. COMMUNITY SERVICES
Page 14
3E-1 Amendment
No. 1 with City of Pahokee for before/after care services to at-risk children
3E-2 Agreement
with Florence Fuller Child Development Center for enhanced Head Start services
3E-3 Agreement
with The Union Missionary Baptist Church for enhanced Head Start services
Page 15
3E-4 Agreement
with The King’s Kids Early Learning Center for enhanced Head Start services
3E-5 Agreement
with Apostolic Child Development Centers for enhanced Head Start services
3E-6 Agreement
with Dept. of Children & Families to participate in DCF’s ACCESS initiative
JANUARY 13, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 16
3E-7 Two
(2) contracts under the Financially Assisted Agency Program
3E-8 Amendment
No. 1 Health Department to decrease laboratory/diagnostic services
Page 17
3E-9 Six (6) amendments to Ryan White Part A HIV Health
Support Services contracts
Page 18
3E-10 Contract with Ruth Rales Jewish Family Service
for case management services
F. AIRPORTS
Page 18
3F-1 First
Amendment to Airline Operating and Lease Agreement with Air Canada
3F-2 First
Amendment to Easement Exchange Agreement with GAM Realty (USA), LLC
Page 19
3F-3 Construction
Manager Authorization w/David Brooks Enterprises regarding Jet Blue build-out
3F-4 Construction
Manager Authorization w/The Morganti Group regarding Apron A utility relocation
3F-5 Agreement
for Sale and Purchase of Easement with RaceTrac Petroleum, Inc.
Page 20
3F-6 Amendment
No. 10 with CH2M Hill, Inc. regarding Capital Improvement Program
3F-7 Resolution
approving SJPA with FDOT regarding apron and taxilanes construction
3F-8 Receive
and file three (3) standard agreements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 21
3G-1 Budget
Transfers regarding school impact fees
3G-2 Code
Enforcement Lien settlement against Leonard McWhorter
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 21
3H-1 JOC Work Order No. 09-006 with H.A.
Contracting Corp. regarding replacement of pavilion roof at John Stretch
Memorial Park
Page 22
3H-2 Amendment
No. 3 with Precision Air Systems, Inc. for annual HVAC contract
3H-3 Amendment No. 3 with York International/A
Johnson Controls Company for annual HVAC contract
3H-4 Amendment No. 3 with Siemens Building
Technologies for annual HVAC contract
Page 23
3H-5 Amendment No. 3 with Farmer & Irwin Corp.
for annual HVAC contract
3H-6 Amendment No. 3 with E.C. Stokes Mechanical
Contractor for annual HVAC contract
3H-7 Amendment No. 3 with Kerney & Associates
for annual HVAC contract
Page 24
3H-8 Use Agreement with FDLE for 2,683 square feet
of space in Airport Center, Building 2
3H-9 Change Order No. 4 with West Construction
regarding Fire Station No. 73
3H-10 Resolution conveying 0.2518 acres of land to
School Board near Northboro Elementary
Page 25
3H-11 Extension of Lease Agreement with Tallman, LLC
for PBSO indoor/outdoor vehicle storage
3H-12 Interlocal Agreement with City of Boynton
Breach regarding sewer force main at Caloosa Park
Page 26
3H-13 Amendment No. 5 with Moss & Associates
regarding SR 15 improvements/parking area
I. HOUSING & COMMUNITY DEVELOPMENT
Page 26
3I-1 Deleted
3I-2 Conditional
Grant Agreement with McCurdy Center regarding Quiet Waters apartments project
J. PLANNING, ZONING & BUILDING - None
JANUARY 13, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 27
3K-1 One
(1) year extension to Water Utilities Department development agreements
3K-2 Receive
and file three (3) standard development agreements
Page 28
3K-3 Receive
and file termination/release of standard potable water/wastewater agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 28
3L-1 Contract
with Loggerhead Marinelife Center for sea turtle monitoring services
3L-2 Interlocal
Agreement with City of Riviera Beach for manatee speed zone law enforcement
Page 29
3L-3 Amendment
No. 3 with FAU regarding final payment for Manatee Protection Plan
3L-4 Contract
with Sea to Shore Alliance, Inc. for manatee aerial survey services
Page 30
3L-5 Contract with Great Lakes Dredge & Dock
Company for Juno Beach Shore Protection 2nd Nourishment project
3L-6 Amendment
No. 6 with FDEP regarding South Lake Worth Inlet Management Plan
Page 31
3L-7 Resolution
to establish the Erosion Control Line for the Singer Island Shore Protection
Plan
3L-8 Project
Agreement with FIND regarding Juno Dunes project
Page 32
3L-9 Grant
Agreement with FDEP regarding Ocean Ridge Beach Nourishment project
M. PARKS & RECREATION
Page 32
3M-1 First
Amendment with City of Lake Worth for Northwest Park ballfield improvements
3M-2 Agreement
with Wellington Soccer Club for program expenses
3M-3 Agreement
with Cultural Centre for Boynton Beach Schoolhouse Children’s Museum programs
Page 33
3M-4 Agreement
with City of Delray Beach for 2009 First Night event
3M-5 Agreement
with Museum of Lifestyle and Fashion History for exhibits and programs
3M-6 Agreement
with Delray Beach Downtown Marketing Cooperative for winter holiday decorations
3M-7 Interlocal
Agreement with City of Pahokee for equipment for municipal parks
Page 34
3M-8 Tri-Party
Agreement with City of Boca Raton and The Children’s Museum for Rickards House
3M-9 Receive
and file one (1) independent contractor agreement
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 34
3Q-1 Contract
with City of Riviera Beach for Family Restart Program services
3Q-2 Acceptance
of Quantum Foundation grant for Belle Glade Youth Empowerment Center
Page 35
3Q-3 Second
Amendment with City of Belle Glade for Youth Empowerment Center
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 35
3S-1 Professional
Services Agreement with Hope Health and Wellness for physician services
Page 36
3S-2 Agreement with Emergency Medical Sciences
Academy establishing tuition for paramedic certification
T. HEALTH DEPARTMENT - None
JANUARY 13, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 36
3X-1 Receive
and file Dept. of Community Affairs Homeland Security Grant
3X-2 Receive
and file standard renewal agreements for veterinary services
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 37
3AA-1 Resolution approving FDOT grant for mass transit operating funding
3AA-2 Resolution approving FDOT SJPA regarding West Palm Beach Intermodal
Center
Page 38
3AA-3 Resolution approving FDOT SJPA regarding Clewiston to Belle Glade
bus service
BB. MEDICAL EXAMINER’S OFFICE
Page 38
3BB-1 Receive and file Paul Coverdell National Forensic Sciences
Improvement Grant for morgue body cart wheels
CC. SHERIFF’S OFFICE
Page 38
3CC-1 Bureau of Justice Assistance State
Criminal Alien Assistance grant for purchase of automated key control system
Page 39
3CC-2 Agreement with City of West Palm Beach regarding overtime
costs
3CC-3 Settlement with equipment vendor to purchase driving
simulator equipment
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 40
4A 2008 Florida Section AWWA Water
Distribution System Award
4B Free Sons of Israel Day
4C Palm
Beach County Green Week, including the South Florida Green, Energy &
Climate Conference/Expo and WestFest Land & Sea Festival
4D The Lord’s Place Homeless Awareness Week
and Sleepout 2009
PUBLIC HEARINGS - 9:30 A.M.
Page 41
5A Florida
Building Code Ordinance (basic wind speed map)
5B Florida
Building Code Ordinance (turf and landscape irrigation systems)
5C Resolution confirming special assessment
process for 3rd Place and 81st Avenue water main
extension
JANUARY 13, 2009
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 42
6A-1 Contract with Palm Beach Community College
Small Business Development Center for technical assistance and training
Page 43
6A-2 Consulting/Professional Services Agreement
with Kathleen Owens regarding fire rescue level of service and common
communication/dispatch system
Page 44
6A-3 Commission
appointments to various boards/committees
HOUSING
& COMMUNITY DEVELOPMENT
Page 45
6B-1 Resolution
conveying three (3) properties to Community Land Trust of Palm Beach County
Page 46
6B-2 Agreement with Community Land Trust of Palm
Beach County for acquisition and development of land for affordable housing
6B-3 Increase
in maximum State Housing Initiative Partnership program subsidy
PLANNING, ZONING & BUILDING
Page 47
6C-1 Resolution
changing street name to Judge Winikoff Road – TIME CERTAIN 10:00 A.M.
PARKS
& RECREATION
Page 47
6D-1 Boat
trailer parking fee – TIME CERTAIN 10:15
A.M.
6D-2 Reallocation
of 2002 Bond referendum funding
FACILITIES
DEVELOPMENT & OPERATIONS
Page 48
6E-1 Resolution
to expand building space leased to LJL Food Management (Tina’s Café)
BOARD OF COUNTY COMMISSIONERS SITTING AS
ENVIRONMENTAL CONTROL BOARD (Page 49)
BOARD
APPOINTMENTS (Pages 50 - 55)
STAFF
COMMENTS (Page 56)
COMMISSIONER
COMMENTS (Page 57)
ADJOURNMENT (Page 57)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to receive and file:
Resolution No. 2008-2705 of the City Commission of the City of Belle
Glade, Florida, urging the Florida Legislature to equalize funding based on
population to provide each region of Florida, including South Florida, its fair share of State funding.
2. Staff recommends
motion to approve: an Agreement
with Palm Beach County Cultural Council in the amount of $291,000 for the
funding and administration of a cultural grant program for community-based
non-profit organizations for FY 2008-2009. SUMMARY: This
Agreement in the amount of $291,000 provides for the Cultural Council to
administer a grant program which will fund the activities of non-profit
organizations (Category C-I: small and emerging, children’s and multicultural
programs/projects). Of the $291,000 in county
funding, up to $280,000 will be applied to the Category C-I grants and a
portion of the remaining funds, not to exceed 10% of the total amount, may be
used by the Council to administer the program.
In the event any funds are unspent, the Council will reallocate those
funds to support cultural programs in the underserved areas of the County. Countywide (MC)
3. Staff recommends
motion to approve: two (2) agreements for Cultural grants (Category C-II)
funded through Tourist Development (“bed tax”) revenues as follows:
A) Grant agreement with Dolly Hand Cultural Arts Center at
Palm Beach Community College (PBCC) in the amount of $23,791 for the period of
October 1, 2008, through September 30, 2009; and
B) Grant agreement with Duncan Theatre at Palm
Beach Community College in the amount of $24,001 for the period of October 1, 2008, through September
30, 2009.
SUMMARY: These grantees are mid-sized cultural
organizations that were selected for funding from “bed tax” revenues by the
Cultural Council and approved by the Tourist Development Council. Because
these agreements contain indemnification provisions that vary from the standard
form agreement, they require approval of the Board. Countywide (MC)
4. DELETED
5. Staff recommends
motion to approve: Amendment No.
001 to the grant (R2008-1814) with ARC of Palm Beach County to replace the
phrase “to install a ramp with handrails” with “to cover a portion of the costs
for the conversion of an existing restroom to meet ADA standards.” Summary: The Board of County Commissioners approved
this grant on October 21, 2008 (R2008-1814) with the ARC of Palm Beach County.
Due to a scrivener’s error, the grant, as approved, stated that the funds were
to be used to “install a ramp with handrails”.
This Amendment correctly states that the funds are to be used to “cover
a portion of the costs for the conversion of an existing restroom to meet ADA
standards.” The funds for this grant are
derived from funds collected from parking violations in designated parking
spaces. County Ordinance 92-29 provides that revenue from these fines shall be
used to improve accessibility and equal opportunity to qualified physically
disabled persons in the County and to provide funds to conduct public awareness
programs concerning physically disabled persons. Countywide (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
6. Staff recommends
motion to approve: Amendment No. 2 to Agreement (R2007-0360) with Tripp
Electric Motors, Inc. to extend the expiration date from December 31, 2008, to
June 30, 2009. SUMMARY: On March 13, 2007, the Board of
County Commissioners (BCC) approved a Community Development Block Grant (CDBG)
Economic Set-Aside Agreement with Tripp Electric Motors, Inc. totaling $400,000
for the purchase and installation of specialized equipment and parking lot
improvements. Through this funding,
Tripp Electric Motors, Inc. will create 27 full-time equivalent jobs for low
and moderate income residents in the Lake Okeechobee region. On April 1, 2008,
the BCC approved Amendment No. 1 to extend the Agreement 12 months and revise
the project to include the purchase of building materials to construct a
warehouse to house a 20 ton crane and submersible pump tank. This Amendment No. 2 will allow the company
an additional six (6) months to complete its project caused by a delay in the
closing of a loan which is now complete. District 6 (DW)
7. Staff recommends
motion to approve:
A)
a Contract between the U.S.
Housing & Urban Development (HUD) and Palm Beach County (PBC) in the amount
of $199,000;
B)
a Loan Agreement between
PBC and Glades Gas and Electric Corporation (GG&EC) in the amount of
$199,000 under the PBC Section 108 Program;
C) Brownfield Economic Development Initiative
(BEDI) Grant disbursement in the amount of $99,258; and
D) an Inter-creditor Agreement between
GG&EC and the Bank of Belle Glade.
SUMMARY: On October 9, 2008, the Section 108 Loan
Review Committee, made up of representatives from the Economic Development Office,
Housing and Community Development and Office of Financial Management &
Budget, recommended providing a loan through the Palm Beach County Section 108
Program for GG&EC, a full service propane gas, appliance and air
conditioning company. This is the first Avenue A Revitalization project. The
total project investment is $596,774, which includes $278,516 from the Bank of
Belle Glade, $199,000 from the County’s Section 108 Loan Program, $99,258 from
HUD’s Brownfield Economic Development Initiative (BEDI) grant, and $20,000 from
the County’s Business Frontage Program, in partnership with the Lake Okeechobee
Regional Economic (LORE) Alliance of the Palm Beaches. Of the $199,000 of
Section 108 funds, $99,000 will be for fixed assets and $100,000 for working capital,
which is within the County’s criteria. The combined Section 108 loan and BEDI
grant amount per job to be created is $33,140, which is within the HUD
criteria. The project will create nine (9) full-time equivalent jobs in the
next six (6) years. The borrower will use the funds to renovate the interior
and exterior of the building in which the business operates, construct a 15 x
200 sq. ft. addition, landscape and improve the driveway and parking areas. The
family business was established in 1929 and is located at 5 Southwest Avenue A,
Belle Glade. The interest on the Section 108 loan will be the three (3) month
London Inter Bank Offered Rate (LIBOR) at the time of closing (as of December
30, 2008, LIBOR was 1.460%) plus one percent (1%). The fixed assets loan will
have a term of 20 years and the working capital loan will have a term of ten
(10) years. These are Federal funds that require no local match. Closing is
planned to occur after January 13, 2009, and is contingent upon release of
funds by HUD. District 6 (DW)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular August
21, 2008
Comprehensive
Plan August 21, 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 review for sufficiency and to receive and file:
Report of County Officials Bonds for the Board’s examination as to the
sufficiency of the sureties, dated January 2009. SUMMARY: Ordinance 98-51 sets various
bond amounts for specified county officers and provides for examination of the
sufficiency of all the bonds at the regular meeting of the Board of County
Commissioners, in January and June of each year. Countywide (PK)
5. Staff recommends motion to approve: the Bond of re- elected Clerk & Comptroller, Sharon R. Bock; Sheriff, Ric L. Bradshaw; Property Appraiser, Gary R. Nikolits; and Tax Collector, Anne M. Gannon. SUMMARY: Following the election, newly elected or re-elected officials must secure bonding for presentation to the Board of County Commissioners for approval pursuant to Ordinance No. 98-51. Payment for the costs of bond premiums is paid out of the County’s General Revenue Fund pursuant to Chapter 113.07(4), F.S. Countywide (PK)
6. 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 November 2008. Countywide
C. ENGINEERING &
PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a payment of $132,635.48 to the Florida Department of Transportation (FDOT) for future maintenance of Hooker Highway; and
B) a Budget Transfer of $132,636 in the Transportation Improvement Fund from Reserves – Road Program Sweeps to Hooker Highway Maintenance – FDOT Payment.
SUMMARY: Approval of this
payment will transfer funds, provided by the Health Care District of Palm Beach
County for future maintenance of Hooker Highway, to the FDOT. District 6 (MRE)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
2. Staff recommends motion to:
A) approve a County Deed in favor of the Town of Cloud Lake (Town) for a parcel of land measuring 90 foot wide for the south 660 feet and 60 feet wide for the remaining 115 feet (Parcel). This Parcel is located immediately west of the Stub Canal right-of-way within the Town limits, and is subject to a reservation for a drainage and maintenance easement over the east 40 feet of the Parcel; and
B) accept a temporary construction easement from the Town, over the west 50 feet of the Parcel for the south 660 feet and over the west 20 feet for the remainder.
SUMMARY: On October 21, 2008, the Board of County Commissioners (County) approved R2008-1834, an Interlocal Agreement (Agreement) with the Town for the Stub Canal right-of-way ownership. The Agreement contemplated the conveyance of the Parcel to the Town, subject to a drainage and maintenance easement reservation, and a temporary construction easement in favor of the County. The reserved maintenance easement will grant the County a perpetual easement on the east 40 feet of the Parcel for the purpose of maintaining and potentially widening the Stub Canal. The temporary construction easement will allow the County to utilize the west 50 feet of the Parcel as a construction staging area. This area measures 50 feet wide over the south 660 feet and 20 feet wide over the remaining north 115 feet. The area will also be used to install a berm in accordance with the Agreement. The Town approved the temporary construction easement on November 20, 2008. District 3 (PK)
3. 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 59th Lane North, from the “M” Canal west to 200th Trail North, has been maintained or repaired, continuously and uninterrupted, by the County for over four (4) years and all right, title, easement appurtenances in and to the road is therefore vested in the County. SUMMARY: This recordation and filing will establish and confirm title of 59th Lane North, the westerly extension of 60th Street North, to the County in accordance with Section 95.361, Florida Statutes, which provides that upon four (4) years of continuously and uninterrupted maintenance or repair of the road by the County and upon filing of a map with the Clerk, title to the road becomes vested in the County for the extent in width that it has been actually maintained. This maintenance includes road grading and roadside mowing of vegetation. The Road and Bridge Division Director has certified, on the cover of the 59th Lane North Specific Purpose Survey Maintenance Map, that it depicts the limits of maintenance by the County. District 6 (MRE)
4. Staff recommends
motion to adopt: a Resolution
re-designating a parcel of Palm Beach County (County) owned land at the
northeast corner of the intersection of Charleston Road and Clendenin Street as
County right-of-way. SUMMARY: Approval of this action will allow the
Property and Real Estate Management Division to satisfy a condition of zoning
approval R2008-1383, for the replacement of Fire Rescue Station No. 32. This condition requires that the County
re-designate a parcel of County owned land as right-of-way. The parcel measures
50 square feet and is located at the northeast corner of the intersection of
Charleston Road and Clendenin Street. District
2 (PK)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
5. Staff recommends motion to approve: assignment of a lift station easement in favor of the Loxahatchee River Environmental Control District (District) covering a parcel of land measuring 40 feet by 40 feet, located immediately north of Australian Street and east of Limestone Creek Road. SUMMARY: The District has requested the Board of County Commissioners assign the existing lift station easement (ORB 15574, Pages 666 to 668) to the District. The approval of this assignment of the lift station easement will allow the District to perpetually maintain the lift station. District 1 (PK)
6. Staff recommends motion to approve: an Amendment to the Interlocal Agreement R2006-0952 with the City of Delray Beach (City), extending the completion deadline from December 31, 2008 to May 30, 2009. SUMMARY: On June 6, 2006, the City and Palm Beach County (County) entered into an Interlocal Agreement to provide reimbursement funds in an amount not to exceed $100,000 for the upgrade of the Linton Boulevard bascule bridge tender house. The City desires to amend the Agreement by extending its termination date to May 30, 2009. District 4 (MRE)
7. DELETED
8. Staff recommends motion to adopt: a Resolution vacating approximately 2.80 feet of a 10 foot wide utility easement within Lot 461, Homes of Lee’s Crossing, Plat 7, as recorded in Book 50, Pages 132-133, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located north of Lantana Road, east of Jog Road, on the west side of Westfall Road. The petitioner is requesting the vacation to increase the buildable lot area, to allow the expansion and enclosure of a patio. District 3 (PK)
9. Staff recommends motion to approve: the renewal of the Surveying and Mapping Annual Agreement with Dennis J. Leavy & Associates, Inc. The original Agreement was dated January 15, 2008 (R2008-0020). SUMMARY: Approval of this Agreement will renew for one (1) year required professional services, on a task order basis. Countywide (PK)
10. Staff recommends motion
to approve: a Maintenance and Ingress/Egress Easement granted by
Jupiter Country Club Homeowner’s Association, Inc., for a golf cart underpass
within the right-of-way of Indiantown Road.
SUMMARY: Approval of this Maintenance and
Ingress/Egress Easement will allow Palm Beach County to access, inspect, and
maintain the golf cart underpass within the right-of-way of Indiantown Road when and if necessary. District 1 (MRE)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
11. Staff recommends motion to approve:
A) a Budget Transfer of $30,000 in the Transportation Improvement Fund from Reserve for District 2 to Cabana Colony Local Drainage; and
B) a Budget Transfer of $30,000 in the Capital
Outlay Fund from Cabana Colony Local Drainage to Keep Palm Beach County
Beautiful.
SUMMARY: This item provides funding not to exceed
$30,000 for the third of four (4) annual allocations to Keep Palm Beach County
Beautiful (KPBCB) for Fiscal Year 2007 through Fiscal Year 2010 for a maximum
total of $120,000. The efforts of KPBCB serve a public purpose by promoting and
facilitating public and community area enhancement programs and by promoting,
facilitating, and reviewing beautification grants for the purpose of enhancing
thoroughfare roadways throughout Palm Beach County. Countywide (MRE)
12. Staff recommends
motion to approve: Supplemental Agreement No. 1 to Project
Number 2007102 under annual agreement R2004-2466 in the amount of
$133,279.76 with Arcadis U.S., Inc. for professional services. SUMMARY:
Approval of this Supplemental Agreement will provide the services necessary for
the preparation of design plans and construction bid documents for Burns Road
and Military Trail intersection improvements. District 1 (PK)
13. Staff recommends
motion to approve: the renewal
of the Intersection Improvement Annual Agreement with Erdman Anthony of
Florida, Inc. The original Agreement was
dated February 5, 2008, R2008-0164. SUMMARY:
Approval of this Agreement will renew for one (1) year, required
professional services, on a task order basis.
Countywide (PK)
14. Staff recommends
motion to approve: the renewal
of the Structural Engineering Services Annual Agreements with Corzo Castella
Carballo Thompson Salman, P.A., original Agreement dated February 5, 2008 (R2008-0161),
and R. J. Behar & Company, Inc., original Agreement dated February 5, 2008
(R2008-0160). SUMMARY: Approval
of these Agreements will renew for one (1) year, required professional services,
on a task order basis. Countywide (PK)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
15. Staff recommends
motion to:
A) approve the First Amendment to the State Road 845
(Powerline Road) Maintenance Agreement with Boca Pointe Community Association,
Inc.;
B) approve the First Amendment to the Powerline Road
Maintenance Agreement with Boca Del Mar Improvement Association, Inc.;
C) adopt a Resolution authorizing the Chairman or
Vice-Chairman to execute the Second Amendment to the Maintenance Memorandum of
Agreement (MOA) with the Florida Department of Transportation (FDOT); and
D) approve the Second Amendment to the MOA with the FDOT
for landscaping and irrigation on Powerline Road from the Broward County Line
to State Road 808 Glades Road.
SUMMARY: On February 3, 2004, the BCC approved an MOA (R2004-0197)
with FDOT for Palm Beach County’s (County) maintenance of landscaping and irrigation
to be installed by FDOT as components of its Powerline Road reconstruction
project. Concurrent with the approval of the MOA, the County also entered into
its own related agreements with adjacent Property Owners’ Associations (POAs).
Those agreements provide for the POAs’ actual maintenance of the landscaping
and irrigation to be installed by FDOT. The First Amendment to the MOA excluded
a segment of Powerline Road from the limits addressed by the original MOA. Because of delays in implementing its project,
and in recognition of annexations by the City of Boca Raton, FDOT has agreed to
amend the existing MOA to reflect reductions to the project’s limits referenced
as Exhibit “A” in the MOA, plans referenced as Exhibit “B” in the MOA and
estimated costs to construct the improvements referenced as Exhibit “C” in the
MOA. Corresponding amendments to the Maintenance Agreements with the remaining
unincorporated area POAs have been executed by the POAs and are included
herewith for your concurrent approval. District 4 (MRE)
16. Staff recommends
motion to approve: a Budget Transfer of $7,000 in the Transportation
Improvement Fund from the Reserves for District 6 to Road and Maintenance –
District 6. SUMMARY: Approval of this Budget Transfer will provide funds
to supplement the Road and Bridge Maintenance account, and is to be used toward
work in unincorporated Palm Beach County. District 6 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Amendments to agreements for bond counsel and related services effective January 1, 2009, through December 31, 2010 with the following law firms: District 1—Nabors, Giblin & Nickerson, P.A.; District 2—Hogan & Hartson, LLP; District 3—Ruden McClosky Smith Schuster & Russell, P.A.; District 4—Holland & Knight, LLP; District 5—Greenberg Traurig, P.A.; District 6—Edwards Angell Palmer & Dodge, LLP; District 7—Bryant Miller Olive, P.A./Isaacs Williams & Associates, P.A. SUMMARY: The above seven (7) law firms (or teams of firms) will provide bond counsel and related services to the County. At the December 2, 2008 Board meeting, the Board appointed the above bond counsel firms to act as County bond counsel from January 1, 2009, through December 31, 2010. The form of the Amendment has been approved by the Board. The amendments to agreements with those law firms for bond counsel and related services are now ready for approval and execution. Countywide (PFK)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends motion to approve: Payment of Invoice No. 2 in the amount of $1,250.27 to the Leon County Board of County Commissioners for Palm Beach County’s pro-rata share of the Nabors, Giblin & Nickerson invoice for professional services rendered through November 30, 2008, in the Criminal Conflict and Civil Regional Counsel litigation styled Leon County, et al. v. Jeffrey Lewis, et al., Second Judicial Circuit Civil Case No. 2008-CA-2475. SUMMARY: Leon County retained Nabors, Giblin & Nickerson to challenge the state law that requires counties to fund the Office of Criminal Conflict and Civil Regional Counsel. In response to the request for other counties to participate in the litigation, the County Attorney recommended that Palm Beach County join and expend up to $6,000. Palm Beach County was named along with 25 other counties as a plaintiff in the subject action. On December 2, 2008, the Board of County Commissioners approved payment of Invoice No. 1 in the amount of $688.96. Approval of this item will bring the total to date to $1,939.23. This item requests approval of the Nabors, Giblin & Nickerson invoice attached, which is the second invoice for professional services rendered. Subsequent invoices will be submitted for approval as they are received. Countywide (DMN)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment
No. 1 to the Contract with the City of Pahokee (R2008-0033)
for the period October 1, 2008, through September 30, 2009, in the amount of
$157,966, for a social recreational program providing before and after care
services to at risk children and their families. SUMMARY:
This Amendment is the final renewal option under the current contract with the
City of Pahokee. On July 14, 2008, the
Board of County Commissioners approved the list of agencies and funding
allocations under the Financially Assisted Agency Program, and subsequently
adopted a budget for FY 2009 that included funds for Other County Sponsored
programs. Countywide (TKF)
2. Staff recommends
motion to approve: Provider Head Start Enhancement Initiative Agreement with Florence Fuller
Child Development Center, Inc., for the period of February 1, 2009, through
August 14, 2009, in an amount of $38,239, for services to Head Start children
and families. Summary: Florence Fuller Child Development
Center, Inc., will extend hours and
provide Head Start services to approximately 15 children currently not enrolled
or receiving only limited hours and services funded through Enhancement
Initiative subsidized child care or parent fees. This Agreement will enhance school readiness
for 4-year-old children. The County enters into contracted service agreements
with child care agencies to provide comprehensive Head Start services. Funding consists of $38,239 in County funds
only. (Head Start) Countywide (TKF)
3. Staff recommends
motion to approve: Provider Head Start Enhancement Initiative Agreement with The Union Missionary
Baptist Church, Inc. (Day Care Center), for the period of February 1, 2009, through
August 14, 2009, in an amount of $26,200 for services to Head Start children
and families. Summary: The Union Missionary Baptist Church Inc.
(Day Care Center) will extend hours and provide Head Start services to
approximately ten (10) children currently not enrolled or receiving only
limited hours and services funded through Enhancement Initiative subsidized child care or parent fees. This
Agreement will enhance school readiness for four-year old children. The County
enters into contracted service agreements with child care agencies to provide
comprehensive Head Start services. Funding consists of $26,200 in County funds
only. (Head Start) Countywide (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Provider
Head Start Enhancement Initiative Agreement with The King’s Kids Early
Learning Center, Inc., for the period of February 1, 2009, through August 14,
2009, in an amount of $31,188, for services to Head Start children and families.
Summary: The King’s Kids Early Learning Center, Inc.
will extend hours and provide Head Start services to approximately ten (10)
children currently not enrolled or receiving only limited hours and services
funded through Enhancement Initiative subsidized child care or parent fees.
This Agreement will enhance school readiness for 4-year-old children. The County enters into contracted service
agreements with child care agencies to provide comprehensive Head Start
services. Funding consists of $31,188 in County funds only. (Head Start) Countywide (TKF)
5. Staff recommends
motion to approve: Provider Head Start Enhancement Initiative Agreement with Apostolic Child
Development Centers, Inc., for the period of February 1, 2009, through August
14, 2009, in an amount of $24,903 for services to Head Start children and
families. Summary: Apostolic Child Development Centers,
Inc. will extend hours and provide Head
Start services to approximately ten (10) children currently not enrolled or
receiving only limited hours and services funded through Enhancement Initiative
subsidized child care or parent fees. This Agreement will enhance school
readiness for 4-year-old children. The
County enters into contracted service agreements with child care agencies to
provide comprehensive Head Start services. Funding consists of $24,903 in
County funds only. (Head Start) Countywide (TKF)
6. Staff recommends
motion to:
A) rescind State of Florida, Department of Children
and Families (DCF) Agreement (R2008-1618); and
B) approve with the State of Florida, DCF Agreement
beginning upon receipt of the fully executed agreement for a period of three
(3) years, or until terminated.
Summary: This Agreement will allow the Community
Services Department (CSD) which includes the Division of Senior Services and
the Division of Human Services to participate in DCF’s Automated Community
Connection to Economic Self-Sufficiency (ACCESS) initiative. The initiative will allow CSD Divisions the
ability to more easily assist clients with applying for public assistance
programs administered by DCF. Public assistance programs include food stamps,
temporary cash assistance, refugee assistance, and Medicaid. The CSD Division staff can apply on-line
while in a client’s home, off site such as at the Senior Centers or in the DCF
office. No County funds are required. Countywide,
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to approve: Contracts with the following agencies, totaling
$281,714 for the period and services as indicated:
A) Child Protection Team of Palm Beach,
Inc. for the period October 1, 2008, through September 30, 2009, in the amount
of $160,000 to fund medical evaluations for children who are the alleged
victims of abuse, neglect and /or abandonment and are referred to CPT by law
enforcement, Department of Children and Families, and or the courts; and
B) Palm Beach County Health Department
for the period October 1, 2008, through September 30, 2009, in the amount of
$121,714 to provide in-depth, comprehensive counseling for recalcitrant HIV
positive clients tested by the PBCPHU and necessary punitive actions for repeat
offenders.
Summary:
On July 14, 2008, the Board of County Commissioners approved the list of
agencies and funding allocations under the Financially Assisted Agency (FAA)
Program, and subsequently adopted a budget for FY 2009 that included funds for
Other County sponsored programs. The
contracts being recommended for approval reflect the funding amounts previously
approved by the Board. Recalcitrant HIV positive clients are those who are
non-compliant and engage in behavior to spread transmission of the infection.
Examples of punitive action include court ordered counseling, behavior
modification, hospitalization, and isolation. Countywide (TKF)
8. Staff recommends
motion to approve: Amendment No. 1 to Contract (R2008-1005) with
Palm Beach County Health Department, for the period March 1, 2008, through
February 28, 2009, to decrease funding by $200,000 for Laboratory/Diagnostic
services. Summary: Palm Beach County Health Department has been
successful in their efforts to first bill other insurance sources and use Ryan
White Part A funding as the last resort.
As a result, $200,000 is being moved to the Administrative reserve and
will be reallocated at a later date. No County funds are required. (Ryan
White) Countywide (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
9. Staff recommends
motion to approve: six (6) amendments to the Ryan White Part A HIV
Health Support Services Contracts (Formula) for the period March 1, 2008,
through February 28, 2009, totaling $79,234:
A) Amendment No. 2 to Contract (R2008-0953;
dated June 3, 2008) with Comprehensive Community Care Network to decrease
funding by $15,000 for a total not to exceed amount of $452,173;
B)
Amendment No. 1 to Contract (R2008-1002; dated, June 3, 2008) with
Health Care District of Palm Beach County to increase funding by $49,748 for a
total not to exceed amount of $691,636;
C) Amendment No. 1 to Contract (R2008-0732;
dated May 6, 2008) with Minority Development & Empowerment, Inc. to
increase funding by $7,486 for a total not to exceed amount of $107,486;
D) Amendment No. 2 to Contract (R2008-0731;
dated May 6, 2008) with Legal Aid Society, Inc. to increase funding by $15,000
for a total not to exceed amount of $209,008;
E) Amendment No. 1 to Contract (R2008-0734;
dated May 6, 2008) with Treasure Coast Health Council, Inc. to increase funding
by $7,000 for a total not to exceed amount of $467,322;
F) Amendment No. 2 to Contract (R2008-0728;
dated May 6, 2008) with Compass, Inc. to increase funding by $15,000 for a
total not to exceed amount of $406,512.
Summary: Ryan White HIV Health Support service dollars are reviewed throughout
the contract year and allocated to best meet the needs of affected clients. Funding of $64,234 is being moved from the
Administrative reserve and the remaining $15,000 is a reallocation. These
dollars are being moved to ensure that agencies will have funds to meet
budgetary needs for the grant period. No County funds are required. (Ryan
White) Countywide (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
10. Staff recommends
motion to approve:
A)
a Contract with Ruth Rales Jewish Family Service of South Palm Beach
County for the period January
13, 2009, through September 30, 2009, in the amount of $100,000 for case
management services to eligible seniors;
B) a Budget Transfer of $100,000 in the
Transportation Improvement Fund from Reserves for District 5 ($50,000) and
Reserves for District 7 ($50,000) to the County Transportation Trust Fund;
C) a Budget Transfer of $100,000 in the County
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from
the General Fund;
D) a Budget Transfer of $100,000 in the
General Fund decreasing the annual transfer to the County Transportation Trust
Fund and increasing County Sponsored Agencies – Ruth Rales Jewish Family Service of South Palm Beach County contract.
Summary: This Contract provides a one-time allocation of funding for case
management services provided by Ruth Rales Jewish Family Services, Inc. Ruth Rales serves seniors residing primarily
in South County. The budget transfers
being recommended in this item increase the gas tax support and decrease the ad
valorem support of the County Transportation Trust Fund. This will enable the Contract to be funded
with ad valorem dollars from the General Fund. The Transportation Improvement Fund
transfers and associated contract have been initiated by staff at the request
of the District 5 and District 7 Commissioners.
Copies of the authorizations are attached to the agenda item. Funding is from District 5 and District 7. District
5 (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve: First Amendment
to Airline Operating and Lease Agreement (Amendment) with Air Canada to clarify
certain provisions in the Agreement. SUMMARY:
On November 6, 2007, the Board of County Commissioners approved a standard form
Airline Operating and Lease Agreement (R2007-1968) (Agreement), which the
County Administrator or his designee is authorized to execute on behalf of the
Board. Although Air Canada executed the standard form Agreement, the
airline has requested minor changes to its Agreement with the County to clarify
certain provisions, which include clarifying that the airline shall only be
subject to applicable laws, providing express statements that a reasonableness
standard applies certain Departmental approvals, and clarifying insurance and
indemnification provisions. Countywide (JB)
2. Staff recommends
motion to approve: a First Amendment to Easement Exchange Agreement
with GAM Realty (USA), LLC, extending the date to complete certain drainage
improvements to February 18, 2009. SUMMARY:
On November 20, 2007, the Board approved an Easement Exchange Agreement
(R2007-2071) with GAM Realty, LLC (GAM). The Easement Exchange Agreement
required GAM to complete the design, permitting and construction of drainage
improvements within one (1) year. Delays in the issuance of permits by the
South Florida Water Management District (SFWMD) resulted in a request by GAM to
extend the date of completion of construction. The First Amendment
extends date of completion of construction to February 18, 2009. The
SFWMD permit has been issued, and construction of the drainage improvements is
anticipated to be completed prior to February 18, 2009. Countywide (JB)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: a Construction
Manager Authorization for Task No.
D-8 under the Construction Manager (CM) at Risk Contract with David Brooks
Enterprises, Inc. in the amount of $825,228 for Construction Phase Services for
the Jet Blue Tenant Build-out at Palm Beach International Airport (PBIA). SUMMARY:
The Department is requesting Board approval of Task Authorization D-8 to David
Brooks Enterprises, Inc. under the continuing contract for CM at Risk services approved
May 20, 2008 (R2008-0848). Tasks D-1 through D-7 were approved in the amount of
$4,424,716. The services provided in this Construction Manager Authorization
Task No. D-8 is in the amount of $825,228 and establishes a construction time
of 150 calendar days. The Small Business Enterprise (SBE) goal for this
contract was established at 15%. The SBE participation for this Task is
32.07%. The total SBE contract
participation including Task D-8 is 26.89%.
Countywide (JCM)
4. Staff recommends
motion to approve: a
Construction Manager Authorization for Task
No. M-3 under the Construction Manager (CM) at Risk Contract with The Morganti
Group, Inc. in the amount of $909,000 for Construction Phase Services for the
Apron A Expansion Utility Relocation at Palm Beach International Airport
(PBIA). SUMMARY: The Department of
Airports is requesting Board approval of Task Authorization M-3 to The Morganti
Group, Inc. under the continuing contract for CM at Risk services approved May
20, 2008 (R2008-0850). Task No. M-1 for
The Morganti Group, Inc. was approved by the Board on May 20, 2008
(R2008-0850.1) in the amount of $1,089,000.
Task No. M-2 in the amount of $2,058,000 was approved by the Board on
October 21, 2008 (R2008-1848). The services provided in this Construction
Manager Authorization constitute the third task to be assigned to The Morganti
Group, Inc. Task No. M-3 is in the
amount of $909,000 and establishes a construction time of 150 calendar days. The Small Business Enterprise
(SBE) goal for this contract was established at 15%. The SBE participation for
this Task is 56.64%. The total SBE contract participation including Task M-3 is
13.03%.
Countywide (JCM)
5. Staff recommends
motion to approve: Agreement for Sale and Purchase of Easement with RaceTrac
Petroleum, Inc. (RaceTrac) in exchange for $64,000 and an avigation easement. SUMMARY: The Agreement for Sale
and Purchase of Easement provides for the sale of an easement to RaceTrac over
approximately .35 acres of County property on Wallis Road, west of Palm Beach
International Airport, for the installation and maintenance of stormwater
drainage improvements, a landscape buffer, and to meet the setback requirements
of the County’s Unified Land Development Code. In exchange for the
easement, the County will receive $64,000 and an avigation easement over
RaceTrac’s property. Countywide (JB)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve: Amendment No. 10 to the General Consulting
Agreement with CH2M Hill, Inc. for consulting/professional services in the
amount of $683,900 for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program. SUMMARY: The Consulting Agreement (R2005-0319) with
CH2M Hill, Inc. for general airport planning and design was approved on
February 15, 2005 in the amount of $2,443,804 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 1-9 were approved for a net increase
in the amount of $11,063,745. Approval
of Amendment No. 10 in the amount of $683,900 will provide funds to complete
the following tasks and services: Task I
Services - Palm Beach International Airport (PBIA) – Environmental Impact
Statement (EIS) Planning Support, PBIA Miscellaneous Airfield Pavement Repairs
and Rehabilitation, PBIA Airport Surveillance Radar (ASR) Facilities Demolition,
PBIA Taxiway F Extension Construction Administration Services, and PBIA
Miscellaneous Taxiway and Apron Pavement Repairs and Rehabilitation; Task III Services - Staff Extension and
Miscellaneous Planning and Engineering Services. Staff extension services will have a
retroactive Notice-to-Proceed date of October 10, 2008. Certain tasks performed during the term of
this Amendment will be eligible for State and/or Federal grant
participation. The Disadvantaged Business
Enterprise (DBE) participation for this Amendment is 34.82%. The total DBE
contract goal including all amendments is 28.08%. Countywide (JCM)
7. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint
Participation Agreement (SJPA) Number 1 with the Florida Department of
Transportation (FDOT) amending the original project description. SUMMARY: On September 23, 2008 (R2008-1636), the BCC
adopted a resolution approving a Joint Participation Agreement (JPA) with the
FDOT in the amount of $1,500,000 or 80% of the eligible project costs,
whichever is less, to construct aprons and taxilanes at North Palm Beach County
General Aviation Airport. The FDOT has issued SJPA Number 1 amending the original
project description to include construct hangars at North Palm Beach County General
Aviation Airport with no increase in funding.
This change will allow the Department of Airports to utilize the state
funds towards the construction of hangar facilities at the Airport. Countywide (AH)
8. Staff recommends
motion to receive and file: three (3) original Agreements for the
Department of Airports:
A) Airline Operating and Lease Agreement with
Air Canada, commencing November 1, 2008, expiring September 30, 2009, and
automatically extended on a year-to-year basis (October 1st through
September 30th);
B) License Agreement with DTG Operations, Inc.
for overflow parking commencing December 10, 2008, expiring December 31, 2008,
and automatically extended on month-to-month basis;
C) Non-Concessionaire Rental Car Airport Permit
with Simply Wheelz LLC, commencing November 1, 2008, expiring September 30,
2008, and automatically extended on a year-to-year basis (October 1st
through September 30th).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2005-0451,
R2007-1968 and R2007-2070. Countywide
(JB)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve:
A) a Budget Transfer of $589,000 in the School Impact Fee Zone 1 Fund from the reserve account to transmit payment to the School District of Palm Beach County;
B) a Budget Transfer of $270,400 in the School Impact Fee Zone 2 Fund from the reserve account to transmit payment to the School District of Palm Beach County;
C) a Budget Transfer of $355,500 in the School Impact Fee Zone 3 Fund from the reserve account to transmit payment to the School District of Palm Beach County; and
D) a Budget Transfer of $357,000 in the School Impact Fee Zone 4 Fund from the reserve account to transmit payment to the School District of Palm Beach County.
SUMMARY: Estimated impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected. Budget Transfers from school impact fee reserve accounts to school impact fee appropriation accounts allow for the appropriation of impact fee collections so that the County may remit funds to the School District in accordance with Article 13 of the ULDC. Countywide (LB)
2. Staff recommends motion to approve: a negotiated settlement offer in the amount of $12,500 for the full satisfaction of a Code Enforcement Lien that was entered against Leonard McWhorter on August 16, 2001. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on May 2, 2001 giving Mr. McWhorter until July 1, 2001, to cease the storage of trucks and cars, remove the yard trash, rubble and debris and cut the Brazilian Pepper back to a height less than 18 inches within 25 feet of an adjacent developed property. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $75 per day was imposed. The CESM then entered a claim of lien against Mr. McWhorter on August 16, 2001. The cited code violations were fully corrected as of June 13, 2007. The total accumulated lien amount through January 28, 2008, the date settlement discussions began, totaled $249,079, of which Mr. McWhorter’s widow has agreed to pay the County $12,500 for full settlement of his outstanding Code Enforcement Lien. District 3 (PGE)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: JOC Work
Order No. 09-006 with H.A. Contracting Corp., (R2007-0944) in the amount of
$245,476.16 for replacement of the pavilion steel deck roof at John Stretch
Memorial Park in Lake Harbor. SUMMARY:
The work consists of replacement of
the existing 38’ x 84’ steel deck roof including necessary structural
repairs/replacement of purlins, vertical I-beams, anchor bolts and cabled cross
bracing as well as re-painting after removal of all corrosion and existing
paint. The SBE participation in this Work
Order is 37.57%. When the participation
for this Work Order is added to H.A.=s total
participation-to-date, the resulting values are 24.5%. The SBE goals are 15%. The total construction duration is 180 days. The Bond funds are identified as $25M GO 2005
and are specifically targeted for recreation and/or cultural capital projects. The
remaining funds are ad valorem targeted for maintenance. (FD&O Admin) Countywide/District 6 (JM)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2091) with Precision Air Systems, Inc. to implement the
third renewal of an annual HVAC Contract.
SUMMARY: Amendment No. 3 is a
renewal to the Annual ContractBHVAC which was awarded to Precision Air
Systems, Inc. as one (1) of eight (8) approved contractors. The contractor will continue to perform on
projects for various facilities. The
annual HVAC Contract is an indefinite-quantity Contract and this renewal has a
maximum value of $1,200,000. The renewal term is 12 months or until $1,200,000
in work orders are issued. Staff is
bringing forward the Amendment at this time based on pending work which would
exceed the value assigned to the Contract. Due to the volume of pending work, the total
dollar value limit for each term is being increased from $1,000,000 to $1,200,000.
All terms of the original Contract remain in effect. This is the third of four (4) extensions
allowed by the Contract. SBE
participation goals for the HVAC contracts are 15%. Precision Air=s participation for work orders issued to
date is 100%. Work orders issued to date
for all eight (8) annual contracts include a combined SBE participation of
83.2%. (FD&O Admin) Countywide (JM)
3. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2092) with York International/A Johnson Controls Company
to implement the third renewal of an annual HVAC Contract. SUMMARY: Amendment No. 3 is a renewal to the Annual
ContractBHVAC which was awarded to York
International/A Johnson Control Company as one (1) of eight (8) approved
contractors. The contractor will continue to perform on projects for various
facilities. The annual HVAC Contract is an indefinite-quantity Contract and
this renewal has a maximum value of $1,200,000.
The renewal term is 12 months or until $1,200,000 in work orders are
issued. Staff is bringing forward the Amendment
at this time based on pending work which would exceed the value assigned to the
contract. Due to the volume of pending
work, the total dollar value limit for each term is being increased from
$1,000,000 to $1,200,000. All terms of
the original Contract remain in effect. This
is the third of four (4) extensions allowed by the Contract. SBE participation
goals for the HVAC contracts are 15%. York=s
participation for work orders issued to date is 0%. Work orders issued to date for all eight (8) annual
contracts include a combined SBE participation of 83.2%. (FD&O
Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2103) with Siemens Building Technologies, Inc. to
implement the third renewal of an annual HVAC Contract. SUMMARY: Amendment
No. 3 is a renewal to the Annual ContractBHVAC which was awarded to Siemens Building
Technologies, Inc. as one (1) of eight (8) approved contractors. The contractor
will continue to perform on projects for various facilities. The annual HVAC Contract is an
indefinite-quantity Contract and this renewal has a maximum value of $1,200,000. The renewal term is 12 months or until $1,200,000
in work orders are issued. Staff is bringing forward the Amendment at this time
based on pending work which would exceed the value assigned to the contract. Due to the volume of pending work, the total
dollar value limit for each term is being increased from $1,000,000 to $1,200,000. All terms of the original Contract remain in
effect. This is the third of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC contracts
are 15%. Siemens=
participation for work orders issued to date is 0%. Work orders issued to date for all eight (8) annual
contracts include a combined SBE participation of 83.2%. (FD&O Admin) Countywide (JM)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2089) with Farmer & Irwin Corp. to implement the third
renewal of an annual HVAC Contract. SUMMARY: Amendment No. 3 is a renewal to the Annual
ContractBHVAC which was awarded to Farmer & Irwin
Corp. as one (1) of eight (8) approved contractors. The contractor will continue to perform on
projects for various facilities. This
annual HVAC Contract is an indefinite-quantity Contract and this renewal has a
maximum value of $1,200,000. The renewal
term is 12 months or until $1,200,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the Contract.
Due to the volume of pending work, the
total dollar value limit for each term is being increased from $1,000,000 to $1,200,000. All terms of the original Contract remain in
effect. This is the third of four (4)
extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. Farmer & Irwin=s
participation for work orders issued to date is 0%. Work orders issued to date
for all eight (8) annual contracts include a combined SBE participation of
83.2%. (FD&O Admin) Countywide (JM)
6. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2093) with E.C. Stokes Mechanical Contractor, Inc. to
implement the third renewal of an annual HVAC Contract. SUMMARY: Amendment No. 3 is a renewal to the Annual
ContractBHVAC which was awarded to E.C. Stokes
Mechanical Contractor, Inc. as one (1) of eight (8) approved contractors. The
contractor will continue to perform on projects for various facilities. The annual HVAC Contract is an
indefinite-quantity Contract and this renewal has a maximum value of $1,200,000.
The renewal term is 12 months or until $1,200,000
in work orders are issued. Staff is
bringing forward the Amendment at this time based on pending work which would
exceed the value assigned to the Contract. Due to the volume of pending work,
the total dollar value limit for each term is being increased from $1,000,000
to $1,200,000. All terms of the original
Contract remain in effect. This is the
third of four (4) extensions allowed by the Contract. SBE participation goals
for the HVAC contracts are 15%. Stokes= participation for work orders issued to date
is 100%. Work orders issued to date for
all eight (8) contracts include a combined SBE participation of 83.2%. (FD&O Admin) Countywide (JM)
7. Staff recommends
motion to approve: Amendment No.
3 to Contract (R2006-2090) with Kerney & Associates, Inc. to implement the
third renewal of an annual HVAC contract.
SUMMARY: Amendment No. 3 is a
renewal to the Annual ContractBHVAC which was awarded to Kerney &
Associates, Inc. as one (1) of eight (8) approved contractors. The Contractor will continue to perform on
projects for various facilities. The
annual HVAC Contract is an indefinite-quantity Contract and this renewal has a
maximum value of $1,200,000. The renewal
term is 12 months or until $1,200,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the Contract.
Due to the volume of pending work, the
total dollar value of each term is being increased from $1,000,000 to $1,200,000. All terms of the original Contract remain in
effect. This is the third of four (4) extensions
allowed by the Contract. SBE
participation goals for the HVAC contracts are 15%. Kerney=s
participation for work orders issued to date is 100%. Work orders issued to
date for all eight (8) annual contracts include a combined SBE participation of
83.2%. (FD&O Admin) Countywide
(JM)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: Use Agreement
with the Florida Department of Law Enforcement (FDLE) which provides for the
use and occupancy of 2,683 square feet of space in Airport Center, Building 2. SUMMARY:
During the 2008 legislative session, funding for the lease payments
for the West Palm Beach FDLE Field Office were eliminated requiring the agents
and support staff to relocate to Broward County. Both the Sheriff and FDLE
agree that there is a benefit to both the residents of Palm Beach County as
well as the State by maintaining a field office within the County to provide the
most effective law enforcement services and encouraging inter-agency
investigative operations. FDLE will use
2,683 square feet of the Airport Center Building 2 pursuant to this Use
Agreement. The Use Agreement is not commercially marketable and does not provide
the FDLE with any typical rights granted to a Lessor under a Lease. The County is entering into this Agreement to
further State and County law enforcement operations and is being fully
compensated for its expenses. The County
shall perform the start-up tasks required to render the premises usable for
FDLE’s purposes prior to occupancy and FDLE shall fund the start-up costs. In addition, FDLE shall pay the County a use
fee of $24,300 for the one (1) year term of the Agreement. The term may be extended for three (3) - one
(1) year renewal periods with consent of both parties under the same terms and
conditions. Both parties have the right
to terminate this Agreement for any reason with 60 days notice to the other
party. (FDO Admin) District 2 (JB)
9. Staff recommends
motion to approve: Change Order No. 4 to the Contract with West
Construction, Inc., (R2008-0197) in the amount of $112,000 and a 60 day time
extension for Fire Station No. 73, located in Belle Glade. SUMMARY:
Change Order No. 4 provides for relocation of an existing 12”
water main. This Change Order is
necessary as the existing water main conflicts with the installation of
foundation piling, a concrete slab for the fuel island, and the site retention
pond. This is an unforeseen condition as
the design documents did not consider this condition as existing utility
information could not be obtained. The
condition was discovered during construction. This project is being funded from ad valorem
taxes through the Fire Rescue MSTU. SBE
participation for this Change Order is 6%. The goal for this project is 15% and when
combined with previous change orders, the total participation is 16.5%. (Capital
Improvements Division) District 6
(JM)
10. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County's interest in 0.2518 acres of land to the School Board of Palm Beach
County, without reservation of mineral and petroleum rights;
B) approve a Sale and Purchase Agreement with the School
Board of Palm Beach County; and
C) approve a County Deed in favor of the School Board of
Palm Beach County.
SUMMARY: In
1921, the School Board built Northboro Elementary School located south of 40th
Street between Spruce Avenue and Poinsetta Avenue in West Palm Beach. In 1945, the County received title to 0.2518
acres adjacent to the school property due to non-payment of taxes. This parcel is located within the school
site. In 1991, the School Board
constructed an addition located on the south side of the school. A title report recently completed by the
School Board revealed that a portion of the building encroaches onto the County’s
property. The School Board is requesting conveyance of the property to rectify
the ownership issue. The sale price of
$88,000 was calculated at 0.2518 acre X $350,000 per acre = $88,130; rounded to
$88,000. At the request of the School
Board, the County will convey its interest without reservation of mineral
rights. (PREM) District 7 (HJF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: Exercise of
the first option to extend the term of the Lease Agreement (R2007-0395)
dated March 13, 2007, with Tallman, LLC for approximately 10,990 square feet
within the Murphy Towing Complex located on Southern Boulevard in
unincorporated Palm Beach County at an annual rate of approximately $102,838. SUMMARY: The County on behalf of the Palm Beach
County Sheriff’s Office (PBSO) currently leases approximately 4,990 square feet
for building floor space and approximately 6,000 square feet of a paved parking
lot within the Murphy Towing Complex, at 6907 Southern Boulevard in
unincorporated Palm Beach County, for the operation of both indoor and outdoor
secured vehicle storage lots. The
initial term of the Lease Agreement was for two (2) years ending on March 28,
2009, with four (4) extension options, each for a period of one (1) year. This
option will extend the term of the Lease Agreement for one (1) year, from March
29, 2009, through March 28, 2010. The
annual rent for this extension period is approximately $102,838. Annual rent is
subject to a 3.5% increase each March 28.
(PREM) District 2 (JMB)
12. Staff recommends
motion to approve:
A) an Interlocal Agreement with the City of Boynton Beach (City) for
construction and operation of a sewer force main at Caloosa Park;
B) a Temporary Construction Easement in favor of the City of Boynton Beach
for the installation of a sewer force main; and
C) a Utility Easement in favor of the City of Boynton Beach across a
portion of Caloosa Park for access to and maintenance of the sewer force main.
SUMMARY: The
County’s Caloosa Park is located south of Woolbright Road, east of Congress
Avenue, west of and adjacent to the FEC Railroad right-of-way in Boynton
Beach. In order to improve sanitary
sewer utility services to its service area, the City is in the process of
installing a new lift station and regional sewer force main. To complete the overall project, the City
requires access through the Park property.
Pursuant to the terms of this Interlocal Agreement, the County will
grant the City a Temporary Construction Easement (TCE) to install the force main
and will also grant a perpetual Utility Easement to access and maintain the
force main. Both easement areas are
located within an existing FPL easement area along the eastern Park
boundary. The TCE is approximately 40'
wide x 1,773.84' long for a total area of 70,953 square feet (1.63 acres). The Utility Easement is approximately 12'
wide x 1,749.92' long for a total area of 20,999 square feet (.48 acres) and
provides for access along the western boundary of the Park. In exchange for the County granting the
easements to the City at no charge, the City will extend its reclaimed
waterline to the Park boundary and allow the County to connect without
charge. The City will also install a new
landscape buffer along the western boundary of the easement. The Interlocal Agreement is for a term of three
(3) years or the completion of the improvements, whichever is earlier. (PREM) District 3 (JMB)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: Amendment No.
5 to the Contract with Moss & Associates, LLC. (R2007-0031) for
construction management services for State Road 15 improvements and the asphalt
site package for the West County Detention Facility for a Guaranteed Maximum
Price (GMP) in the amount of $2,108,442.
SUMMARY: In November 2007
(R2007-1973), February 2008 (R2008-0199), and July 2008 (R2008-1310), the Board
approved amendments which authorized the demucking, installation of site
utilities and the construction of the outbuildings (New Eagle Academy, Fuel
Station, Impound Building and renovations to the existing Eagle Academy) for
the first phase of the Jail Expansion Program 2, West County Detention
Facility. Amendment No. 5 will provide
for the construction of the parking areas, access drive, and road improvements
to State Road 15. This work was not awarded as part of previous GMPs in order
to take advantage of the more favorable market conditions which now exist. This
resulted in saving of approximately $400,000.
Amendment No. 5 is funded from Criminal Justice and Public Improvement
Revenue Bonds’ Series 2008. The Small
Business Enterprise (SBE) goal for the project is 15%. Moss & Associates
will be providing 12.8% SBE participation in this Amendment. Moss’s overall SBE participation for this
project including this work is 18%. The duration of this work is 50 days for
State Road 15 improvements and 114 days for onsite paving. (Capital Improvements Division) Countywide (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. DELETED
2. Staff
recommends motion to approve: a Conditional Grant Agreement with McCurdy
Center Ltd., in the amount of $600,000 in State Housing Initiative Partnership
(SHIP) Multi-Family Rental Development Program funds. SUMMARY: Palm Beach County Housing and
Community Development (HCD) through its Commission of Affordable Housing (CAH)
provides SHIP financing to local developers to facilitate affordable rental
housing opportunities. This Agreement provides $600,000 toward the construction
of a 93-unit apartment complex, known as Quiet Waters, to serve lower income
households. Additional project financing
is being provided by Florida Housing Finance Corporation (FHFC). This McCurdy
Center project was reviewed and recommended by the CAH Advisory Board on May
29, 2008; and conceptually approved by the Palm Beach County Board of County
Commissioners (BCC) (Agenda Item 3I-7 on June 17, 2008). These are State funds which
require no local match. District 7 (TKF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) a one (1) year extension to Water Utilities
Department Development Agreements eligible for renewal that are expiring
between September 1, 2008, and September 30, 2013; and
B) an extension of one (1) year to Water Utilities
Department Development Agreements at the end of their ten (10) year life that
are expiring between September 1, 2008, and September 30, 2013.
SUMMARY:
Developers that meet certain criteria as outlined in the Water Utilities
Department’s Uniform Policies and Procedures Manual (UPAP) are required to
enter into Development Agreements (Agreement) to reserve potable water,
wastewater, and/or reclaimed water capacity (Capacity) for their projects. The terms of the Agreement require the
submittal of a Mandatory Agreement Payment (MAP) to reserve Capacity for a
period of five (5) years.
Any unused Capacity remaining in the Agreement after five (5) years can
be renewed for one (1) additional five (5) year term upon payment of another
MAP and execution of a Renewal Agreement.
No further renewals are available after ten (10) years. Due to the current economic crisis, the
payment of the renewal MAP adversely impacts the development community, as does
the loss of the MAP after ten (10) years.
Granting the extension will assist the development community in
weathering the economic downturn while not severely impacting the Water
Utilities Department’s operations. Any
Agreements entered into on or after October 1, 2008, will not be granted the
additional one (1) year extension. Districts
1, 2, 3, 5 & 6 (MJ)
2. Staff recommends
motion to receive and file: three
(3) Standard Development Agreements complete
with executed documents received during the months of November and December
2008:
Standard Development Agreements
A) Byron
Russell, Trustee (District 6) 01-01212-000
B) Byron
Russell, Trustee and Timothy A. Blash and Patricia G. Blash
(District 6) 01-01213-000
C) Eglise
Chretienne Haitienne De Palm Beach, Inc. (District 6) 01-01214-000
SUMMARY:
The terms and conditions for
Standard Development Agreements are outlined in the Water Utilities
Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements (R2003-0539).
After these agreements are executed by the developer and the Department, they
must be recorded by the County Clerk’s Office. This agenda item recommends the
Board receive and file the agreements so they may be properly recorded. Countywide
(SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends
motion to receive and file: Termination and Release of Standard Potable
Water and Wastewater Development Agreements Due to Zoning Denial/Withdrawal for
the following property owner:
Termination of Standard Development
Agreements
A)
Asacol, Inc. (District 2) 01-01203-000
SUMMARY: The
terms and conditions for Standard and Non-Standard Development Agreements
(Development Agreement) are outlined in the Water Utilities Department’s
Uniform Policies and Procedures Manual (UPAP).
The developer has requested refund of the Mandatory Agreement Payment
required at the time of submittal of the Development Agreement. The refund request met the refund
requirements as defined in the Department’s UPAP and the Department Director’s
execution of the Termination of Standard Development Agreement is the final
step in the process to terminate and release the original Development
Agreement. The Department recommends the
Board receive and file the Termination and Release document. Countywide
(SF)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Contract with the Loggerhead Marinelife Center of Juno Beach in the not-to-exceed amount of $592,365 for sea turtle monitoring services in association with the Juno Beach Shoreline Protection Project and the Jupiter Carlin Shoreline Protection Project, expiring December 31, 2011; and
B) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Contract, and necessary minor amendments that do not change the scope of work or terms and conditions of the Contract.
SUMMARY: Environmental permits issued by state and federal agencies for the Juno Beach Shoreline Protection Project, scheduled for January 2009, and the two (2) Jupiter Inlet Maintenance Dredging Projects, conducted in winter 2007/2008, require specific monitoring activities to assess the impact of the beach nourishment on sea turtles for one nesting season pre-construction and three nesting seasons post-construction; similar conditions are expected for the Jupiter Carlin Shoreline Protection Project, scheduled for winter 2010/2011. The Loggerhead Marinelife Center of Juno Beach will conduct all permit-required sea turtle monitoring for these projects. The Contract is funded from a combination of tourist development taxes, interest and balance forward, and ad valorem funds. The Contract is effective upon execution by both parties and expires December 31, 2011. District 1 (SF)
2. Staff recommends
motion to receive and file: Interlocal Agreement with the Riviera
Beach Police Department for $20,000 for manatee speed zone law enforcement. SUMMARY: As part of the Manatee
Protection Plan, the County has committed to annually provide $200,000 of
funding for additional on-water law enforcement in the County’s waterways. On
December 18, 2007, the Board of
County Commissioners approved a Resolution (R2007-2277) with a standard form
Interlocal Agreement with law enforcement agencies for an increased law
enforcement presence in estuarine waters of Palm Beach County. Delegation of the authority to execute these
standard form Interlocal Agreements was
approved, pursuant to PPM No. CW-O-051, on January 2, 2008 (R2007-2277). District
7 (SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends motion to approve: Amendment No. 3 retroactively extending Contract (R2004-0940) with Florida Atlantic University (FAU) from September 30, 2006, to January 30, 2009 to allow for final payment for the Manatee Protection Plan. SUMMARY: In 2004, FAU was contracted to develop a Manatee Protection Plan for $104,580 (R2004-0940). On August 20, 2006, the Board approved the Plan and sent it to Florida Fish and Wildlife Conservation Commission (FWC) for approval. At that point, the only work remaining in the Contract was for final document copying and distribution ($8,066). The Contract expired September 30, 2006 before FWC approved the Plan. FWC made substantial revisions to the Plan and it was subsequently approved by the Board in August 20, 2007. This no-cost contract extension will allow FAU to be paid for the remaining work. Countywide (SF)
4. Staff recommends
motion to:
A) approve Contract with the Sea to Shore Alliance, Inc. (a non-profit corporation) in the not-to-exceed amount of $114,755 for manatee aerial survey services expiring March 31, 2011; and
B) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Contract, and necessary minor amendments that do not change the scope of work or terms and conditions of the Contract.
SUMMARY: A priority initiative of the Manatee Protection Plan which was approved in 2007 was to provide updated manatee aerial survey data to identify changes in manatee distribution and abundance in Palm Beach County waters. This Contract is for biweekly aerial surveys for two (2) years and includes data analysis, mapping and reporting. The results will be used to determine whether changes to the Plan are necessary when it undergoes formal review in 2014. The Contract will be funded from the Manatee Protection allocation effective upon execution by both parties and expires March 31, 2011. Countywide (SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to:
A) approve a Contract with Great Lakes Dredge & Dock Company, LLC in the amount of $12,223,252.80 for the construction of the Juno Beach Shore
Protection 2nd Nourishment Project No. 2008ERM06;
B) approve Grant Agreement No. 08PB1 with the Florida Department of Environmental Protection (FDEP) in the amount of $5,390,596 for cost-sharing on the Juno Beach Nourishment Project (Project) through March 1, 2010;
C) approve a Budget Amendment of $5,390,596 in the Beach Improvement Fund to recognize the revenue from the Agreement;
D) approve a Budget Transfer of $1,500,000 in the Beach Improvement Fund from Reserves ($1,000,000) and Emergency Beach Response ($500,000) to the Juno Beach Project; and
E) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Grant Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: One (1) bid was received for this Project. Great Lakes Dredge & Dock Company, LLC was a responsive, responsible bidder with 0% Small Business Enterprise (SBE) participation, which does not meet the established 15% goal. This Contract includes offshore dredging and constructed placement of fill along 2.4 miles of publicly accessible beach in Juno Beach and Jupiter. Under the terms of the Grant Agreement, FDEP will reimburse 50% of the non-federal Project costs or up to $5,390,596. Federal reimbursement of at least $2,698,461 for Project construction, management and design costs are available through FEMA. The remaining $2,692,135 is funded from a combination of tourist development taxes, interest and balance forward, and ad valorem funds. District 1 (JM)
6. Staff recommends
motion to:
A) approve Amendment
No. 6 to Grant Agreement No. 99PB1 (R2000-0082) with the Florida Department of
Environmental Protection (FDEP)
for additional cost-sharing in the amount of $238,925 for a revised
grant amount of up to $5,869,612 for
the South Lake Worth
Inlet Management Plan. The term of the Agreement remains unchanged at December
31, 2009; and
B) approve Budget Amendment of $3,858,925 in the South Lake Worth
Inlet Fund to recognize the State revenue share from Amendment No. 5
($3,620,000) and Amendment No. 6 ($238,925).
SUMMARY: Amendment No. 6 provides for
additional funding for design and permitting, construction, and
monitoring. Under the terms of the
Agreement, fifty percent (50%) of the project costs could be eligible for
reimbursement. The necessary match has
been made available with a combination of funds from the South Lake Worth Inlet
Fund, Beach Improvement Fund, Capital Outlay Fund and General Fund Inlet Operating
and Maintenance. The Budget Amendment includes an award executed January 15,
2008 (R2008-0010). District 4 (SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff recommends
motion to adopt:
a Resolution to establish the
Erosion Control Line (ECL) between Department of Environmental Protection
reference monuments R60 through R69 for the Singer Island Shore Protection
Project. SUMMARY: The
Florida Statutes require an ECL be established to delineate the boundary
between the upland properties and State-owned submerged lands when coastal
projects below the mean high water line are proposed. The mean high water line survey used to
establish the ECL and survey drawings have been completed. Upon execution of the Resolution, a State
Hearing Officer will conduct a public workshop/hearing, and then submit a
recommendation to the Director of State lands.
District 1 (SF)
8. Staff recommends
motion to:
A) approve a Project Agreement with Florida Inland Navigation District (FIND) that requires FIND to reimburse the County an estimated amount of $2,257,187 to cover the majority of the costs of the Juno Dunes FIND MSA 614B Project (Project), which include engineering, surveying, and permitting services, contractor procurement and construction oversight, construction of public use facilities and mitigation and restoration projects, and monitoring of the mitigation area;
B) approve a Grant Agreement (Grant Agreement) with the Metropolitan Planning Organization (MPO) to provide $100,000 for the design and construction of water taxi docking facilities at the Project site, expiring April 1, 2009;
C) approve a Budget Transfer in the MPO Fund from Palm Beach County Water Taxi Facilities to transfer to the Environmental Resources Capital Projects Fund in the amount of $100,000;
D) approve a Budget Amendment in the Environmental Resources Capital Projects Fund in the amount of $2,357,187 to recognize the Revenue from the Project Agreement with FIND and the transfer from the MPO Fund for the Project; and
E) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other documents associated with the Project and Grant Agreements and any necessary minor amendments to those documents that do not change the scope of work or terms and conditions of the Project and Grant Agreements.
SUMMARY: On August 19, 1997, the County entered into a Management Lease with FIND for this property for an initial term of 25 years, with options to renew for additional 10-year terms (R97-1047D). This Project Agreement will provide for funding from FIND to cover the costs for the mitigation and enhancement project elements, management and maintenance of the mitigation area, and construction of public use and recreational facilities. FIND will provide $2,257,187 on a reimbursement basis for the construction of a boat basin, creation of mangrove habitat, vegetation restoration and public use facilities, including water taxi docking facilities so that the Project site can be used as a destination for public water taxi service. The MPO has approved a $100,000 grant award to the County for this purpose with no match requirement. In addition to FIND and MPO funding, the County will contribute an estimated $138,153 from the allocation for Environmental Restoration in support of the Project. District 1 (SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
9. Staff recommends
motion to:
A) approve Grant Agreement No. 08PB3 with the Florida
Department of Environmental Protection (FDEP) for cost-sharing in the amount of $492,302 for the Ocean Ridge Beach Nourishment, expiring December 31, 2009;
B) approve Budget Amendment of $492,302
in the Beach Improvement Fund;
and
C) authorize the County Administrator,
or his designee, to sign all future time
extensions, task assignments, certifications and other forms associated
with this Agreement, and necessary minor amendments that do not change the
scope of work or terms and conditions of the Agreement.
SUMMARY: Grant Agreement No. 08PB3 provides funding for permit-required monitoring and design, permitting, and construction of the Ocean Ridge mitigation reef. Under the terms of the Agreement, fifty percent (50%) of the non-Federal project costs could be eligible for reimbursement. The County is responsible for the local match requirement of fifty percent (50%) of the non-Federal share, or $492,302, which is available from a combination of tourist development taxes, interest, balance forward, and ad valorem funds. Reimbursement is retroactive to June 30, 2007. District 4 (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-1736) with the City of Lake Worth
for funding of Northwest Park ballfield improvements. Summary: This
fully executed First Amendment to Agreement in an amount not-to-exceed $37,000
amends the project time frame from August 1, 2007, through September 1, 2008,
to February 1, 2007, through March 1, 2009, in order to accommodate dates of
payment, allow additional time to complete the project, and accomplish
completion of the reimbursement process. The Amendment is in accordance with
Resolution R2005-1738 authorizing the delegation of authority for amending
RAP agreements to the County Administrator or his designee. All other terms of the Agreement, including
the funding amount, remain the same.
Funding for the project is from the Recreation Assistance Program (RAP)
District 3 Funds. District 3 (AH)
2. Staff recommends
motion to approve: Agreement
with Wellington Soccer Club, Inc. for the period January 13, 2009, through
April 1, 2009, in an amount not-to-exceed $10,000 for Wellington Wave Soccer
program expenses. Summary: This funding is to help
offset the cost of the Wellington Wave Soccer program sponsored by the
Wellington Soccer Club, Inc. The Wellington Soccer Club has approximately 450
youth participants, including the Wellington Wave travel team. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to April 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. This program operates
within District 6. District 6 (AH)
3. Staff recommends
motion to approve: Agreement
with Boynton Cultural Centre, Inc. for the period January 13, 2009, through
August 5, 2009, in an amount not-to-exceed $2,500 for Boynton Beach Schoolhouse
Children’s Museum and Learning Center programs.
Summary: This
funding is to assist with costs for after school historical and environmental
enrichment programs at the Boynton Beach Schoolhouse Children’s Museum. The programs are offered to approximately 530
children annually by Boynton Cultural Centre, Inc. The Agreement allows for the
reimbursement of eligible project costs incurred subsequent to January 2,
2009. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds.
District 7 (AH)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
4. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period January 13, 2009, through May 15,
2009, in an amount not-to-exceed $5,000 for the 2009 First Night Event. Summary: This
funding is to offset the cost of the 2009 First Night Event held by the City of
Delray Beach on December 31, 2008. The
Delray Beach First Night Event featured local entertainers and artists at a
community New Year’s Eve celebration.
The Agreement allows for the reimbursement of eligible project costs
incurred subsequent to October 1, 2008.
Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
5. Staff recommends
motion to approve: Agreement with Museum of Lifestyle and Fashion
History, Inc. for the period January 13,
2009, through November 30, 2009, in an amount not-to-exceed $7,825 for
funding of 2008-2009 exhibits and programs. Summary: This funding is to help offset costs
for 2008-2009 exhibits and programs offered by the Museum of Lifestyle and
Fashion History, Inc. Approximately
4,000 people will participate in the exhibits and programs. The Agreement
allows for the reimbursement of eligible pre-Agreement expenses incurred
subsequent to September 1, 2008. Funding
is from the Recreation Assistance Program (RAP) District 7 Funds. District 7
(AH)
6. Staff recommends
motion to approve: Agreement
with the Delray Beach Downtown Marketing Cooperative for the period January 13,
2009, through July 1, 2009, in an amount not-to-exceed $10,000 for 2008 winter
holiday decorations. Summary: This funding is to offset
the cost of 2008 winter holiday decorations for the City of Delray Beach
assisted by the Delray Beach Downtown Marketing Cooperative. This funding will help offset expenses for
the erection, lighting, and dismantling of the 100-foot winter holiday tree,
which is the focal point of the winter holiday decorations in Delray Beach. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to November 1, 2008. Funding
is from the Recreation Assistance Program (RAP) District 7 Funds. District
7 (AH)
7. Staff recommends
motion to approve:
A) Interlocal Agreement with the City of Pahokee in an amount
not-to-exceed $100,000 for the period January 13, 2009, through
January 12, 2010, for renovations to the Pahokee Recreational Complex
and the purchase of capital maintenance equipment for municipal parks; and
B) Budget Transfer of $100,000 within the
$25 Million GO Parks and Cultural Improvements Bond Fund - 2003 to Pahokee
Park Improvement Projects.
Summary: This allocation provides funding for the
renovation of the Pahokee Recreational Complex at 360 East Main Street and the
purchase of capital maintenance equipment for Pahokee municipal parks. Expenses
eligible for reimbursement include building materials, electrical labor and
materials, air conditioners, construction labor, mower equipment, and other
miscellaneous park improvement expenses. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to January 1, 2008. Funding is from the 2002 $50 Million
Recreation and Cultural Facilities Bond referendum. District 6 (PK)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to approve:
A) Tri-Party Agreement with the
City of Boca Raton and The Children’s Museum, Inc. in an amount not-to-exceed
$330,000 for the period January 13, 2009, through January 12, 2011, for design
and construction of the Rickards House at the Children’s Museum of Boca Raton
campus; and
B) Budget Transfer of $330,000 within the $25
Million GO Parks and Cultural Improvements Bond Fund - 2003 to The Children’s
Museum/Rickards House Project.
Summary: This allocation provides funding for design and construction of the
Rickards House at the Boca Raton Children’s Museum campus located at 498
Crawford Boulevard in Boca Raton.
Expenses eligible for reimbursement include architectural design,
construction of a 3,000 square-foot, two story house (Rickards House), all
interior and exterior features of the Rickards House, integrated
water/sewage/irrigation, drainage system, utility lines and easements,
excavation and earthwork. The Agreement
allows for the reimbursement of pre-agreement expenses in an amount not to
exceed $40,000 incurred subsequent to February 27, 2007. Funding is from the
2002 $50 Million Recreational and Cultural Facilities Bond referendum. District 4 (PK)
9. Staff recommends
motion to receive and file: executed
Independent Contractor Agreement received during the month of November: Valerie
Bell, Crafts and Fun, West Jupiter Recreation Center. 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 1 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve: a Contract with the City of Riviera Beach for its Family Restart Program in the amount of $16,500 for the period October 1, 2008, through September 30, 2009. SUMMARY: On February 25, 2008, the Criminal Justice Commission (CJC) approved the use of $16,500 in Criminal Justice Reserve Fund monies for the Family Restart Program to arrange and provide services to the families of the Civil Drug Court clients. The program allows clients and their families to receive complete care including individual, group and family counseling, random drug testing to ensure proper compliance and continued assessments to identify the strengths and weaknesses of the client to determine needs for education, employment and housing. District 7 (DW)
2. Staff recommends
motion to approve:
A) acceptance of $500 from the Quantum Foundation for the Belle Glade Youth
Empowerment Center; and
B) a Budget Amendment of $500 in the General Fund to receive and post the
donation.
SUMMARY: On October 1, 2008, the board of directors of the Quantum Foundation
approved a grant of $500 in honor of staff members Christine Koehn and Richard
Koehn for the Youth Violence Prevention Program. District 6 (DW)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
3. Staff recommends
motion to approve: the Second Amendment to an Amended and Restated
Agreement (R2008-0088), with the City of Belle Glade (The City) to reduce the
amount by $44,200, for a new total not to exceed $142,800 for the contract period
October 1, 2008, to September 30, 2009 to support the build-out of the Youth
Empowerment Center, the prevention component of the Youth Violence Prevention
Project. SUMMARY: The City
previously set aside $113,000 to pay the Palm Beach County Facilities
Development & Operations Department (FDO) to move a donated modular from
Palm Beach to Belle Glade. The City
recently submitted a site plan which includes a sidewalk, parking lot,
lighting, fencing and other enhancements which supports the additional request
of $44,200. FDO requires a total of
$157,200 to complete the project as outlined in the revised site plan, with a
mid-late March date for occupancy. These
funds are included in the FY 2009 approved budget as part of the City’s
original Interlocal Agreement (R2008-0088), with $142,800 remaining for program
operations. The Criminal Justice Commission (CJC) recommends the use of $44,200
as recommended by FDO and the City for moving, relocating and enhancing a
modular which will be used as the Youth Empowerment Center, located at 227 Southwest
6th Street, Belle Glade, Florida. District 6 (DW)
S. FIRE
RESCUE
1. Staff recommends motion to approve: a Professional Services Agreement with Hope Health and Wellness, Inc., to provide Fire Department physician and related services for a one (1) year and nine (9) months period, retroactively to January 1, 2009, in an amount not-to-exceed $500,000 annually. SUMMARY: The components of the Palm Beach County Fire Rescue Wellness Program established by the Collective Bargaining Agreement (CBA) include the provision of a Fire Department physician, the administering of medical physical examinations and drug testing for Fire Rescue employees. The Palm Beach County Fire Rescue Wellness Steering Committee (Committee) is comprised of staff appointed by the Fire Rescue Administrator and the Professional Firefighters/Paramedics of Palm Beach County (Local 2928), to direct, establish guidelines, make recommendations and evaluate the Fire-Rescue Wellness Program. The Committee is responsible for selecting a service provider and approving a service agreement. The parties to the previous Agreement were Hope Health and Wellness, Inc. and Local 2928, with the County responsible for reimbursing Local 2928 for all costs associated with the Agreement. The County now desires to enter into an Agreement directly with the Provider. On October 6, 2008, the County issued a Request for Proposal (RFP) for Fire-Department Physician and Related Services. Seven (7) proposals were received in response to the RFP. The Committee members evaluated each proposal and selected Hope Health and Wellness, Inc. based on a total points scoring system. This Agreement is effective retroactively to January 1, 2009 for a one (1) year and nine (9) months period. It also provides for three (3) additional one (1) year periods by written agreement of the parties, and prior written approval of the Committee. The total amount to be paid by the County under this Agreement shall not exceed a total annual amount of $500,000. Countywide (SB)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE (Cont’d)
2. Staff recommends
motion to approve: an Agreement
with Emergency Medical Sciences Academy, Inc. (Academy), which establishes a
set tuition for students enrolled in the Academy’s paramedic certification
course and for clinical field experience for paramedic students. This is a
three (3) year Agreement effective retroactively to October 1, 2008, through
September 30, 2011. SUMMARY: The Academy is the organization used by
Palm Beach County Fire Rescue for its paramedic sponsorship program. This
Agreement provides a set tuition of $4,200 per student for the term of the
Agreement. This Agreement also allows Palm Beach County Fire Rescue to provide
clinical field experience to paramedic students of the Academy. These students will respond with County
paramedics to observe and assist in delivering emergency medical care under
actual emergency conditions. This
clinical field experience is a component of the paramedic training required for
state certification, and will enhance the available job pool of qualified
personnel. Countywide (SB)
X. PUBLIC
SAFETY
1. Staff recommends
motion to:
A) receive and file
the executed grant agreement with Florida Department of Community Affairs
Homeland Security Grant Program (SHSGP) grant funding in the amount of $92,205
for planning, training and exercises for the period of July 1, 2007, to April
30, 2010; and
B) approve a Budget Amendment of $92,205 in the
Emergency Management Grant Fund to establish grant budget.
SUMMARY: Palm Beach
County was awarded a grant totaling $92,205 from the State Homeland Security
Grant Program. The grant will be used to plan and develop Emergency Operating
Procedures (EOPs) for the Domestic Security protocols, and solutions, and
provide domestic security training for critical infrastructures and other key
resources in Palm Beach County.
R2006-0401 provided authority to the County Administrator or his
designee to execute these agreements on behalf of the Board. No County match is required. Countywide
(GB)
2. Staff recommends
motion to receive and file: time extensions to the standard renewal agreements with the following
providers: Dr. Byron Reid d/b/a Byron Reid & Associates V.M.D.P.A. for the
provision of large animal services, Dr. Michael Geraghty, D.V.M. d/b/a Pet
Emergency of Palm Beach County and Dr. Xavier Garcia, D.V.M. d/b/a El Cid
Animal Clinic, for the provision of relief veterinary services and emergency on-call
after-hour veterinary services upon request by Animal Care and Control for an
additional one year period from October 1, 2008, to September 30, 2009 at an
annual cost not to exceed $10,000. SUMMARY: On May 6, 1997, the Board
adopted a resolution authorizing the County Administrator, or his designee, to
execute standard contracts with various Florida licensed veterinarians to
provide needed part-time, relief and emergency “on-call” professional medical
services for shelter animals. Countywide (SF)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to adopt: Resolution approving a grant application with the
Florida Department of Transportation (FDOT) to provide operating funding for
mass transit in the amount of $250,000 of Federal funds passed through the
State for the Lakes Region of Palm Beach County for FY 2010. Summary: FDOT has notified us that
the tentative allocation of Section 5311 funds for Palm Beach County is
$250,000 for non-urbanized areas for mass transit operating assistance. This is used to partially offset the
operating costs of mass transit in the Lakes Region of Palm Beach County. The operating costs of mass transit to the
Lakes Region include operating, maintenance, and administrative costs. This is the maximum amount of FDOT operating
assistance available to Palm Beach County for FY 2010 for mass transit
services. The grant application for $500,000 requires 50% local match ($250,000
State, $250,000 Local Funds) and execution of a section 49 USC§ 5333 (b)
assurance. Palm Beach County provides
the local funding from the local option gas tax. Grant and match to be included in the FY 2010
budget. District 6 (DR)
2. Staff recommends
motion to:
A) adopt Resolution approving a Florida Department of
Transportation (FDOT) Supplemental Joint Participation Agreement No. 1 (JPA) FM
No. 409820-1-94-01 amending the Scope of the original agreement to utilize
existing project funds for AVL real time signs, signals, transit amenities and
construction costs at the West Palm Beach Intermodal Center;
B) approve
Budget Transfer of $541,616 in the Palm Tran Grants Fund to reallocate capital
project funding to the Public Building Improvement Fund for the Intermodal project;
and
C) approve
an upward Budget Amendment of $541,616 to the Public Building Improvement Fund
increasing the funds available for Intermodal construction.
Summary: FDOT
is amending the scope of JPA FM No. 409820-1-94-01 (R2002-1452) to utilize
existing project funds for AVL real time signs, traffic signal, transit
amenities and construction costs at the West Palm Beach Intermodal Center. The JPA, as originally approved, allowed
grant funds to be used to improve transit infrastructure along Route 1 (serving
U.S. 1) to provide improvements and enhancements needed to better serve the
riders; specific locations were selected by FDOT. This Amendment allows for expenditures
in infrastructure to include the location of the Intermodal Facility. Countywide
(DR)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
3. Staff recommends
motion to:
A) adopt a Resolution approving a Florida Department
of Transportation (FDOT) Supplemental Joint Participation Agreement No. 1 (JPA)
FM No. 410959-1-84-01 extending the JPA expiration date to March 1, 2009 and
increasing the amount of the JPA to $110,000; and
B) approve
an upward Budget Amendment of $40,000 in Palm Tran’s Grants Fund to reconcile
the budget to the increased grant award.
Summary: FDOT is providing
a supplemental grant of $40,000 (100% state funds, no match required) from the
Public Transit Service Development Program to continue with Palm Tran’s
Commuter Bus Service from Belle Glade to Clewiston, continue until February 28,
2009. Countywide (DR)
BB. MEDICAL
EXAMINER’S OFFICE
1. Staff recommends
motion to:
A) receive and file the Paul Coverdell National Forensic Sciences Improvement Grant for $5,800, through the Florida Department of Law Enforcement, for the period of October 1, 2008, through September 30, 2009; and
B) approve a Budget Amendment of $5,800 in the General Fund to establish revenue and grant expenditure budget.
SUMMARY: The Department of Justice has awarded a Paul Coverdell Forensic Sciences Improvement Grant to the Palm Beach County Medical Examiner’s Office, through the Florida Department of Law Enforcement, for morgue body cart wheels to enhance the operations of the Medical Examiner’s Office. This is a 100% grant funded award and no County match is required. Countywide (DW)
CC. SHERIFF’S
OFFICE
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance
Program FY 2007 Grant in the amount of $320,681, for the period of October 1, 2008, through September 30, 2009 for the purchase of the Automated Key Control
System for the Main Detention Center and Stockade Facility; and
B) approve a Budget Amendment of $320,681 in the Sheriff’s Grants Fund.
SUMMARY: The Bureau of Justice Assistance (BJA) has made funds available to be
used for correctional purposes only. These funds will be used to purchase and
install the Key Trak Systems for the Main Detention Center and the Stockade
Facility. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required in
FY 2009. Countywide (DW)
JANUARY 13, 2009
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF’S
OFFICE (Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement with the City of West Palm Beach for reimbursement of overtime cost, in the amount of $19,074, associated with the Gramercy Village Weed and Seed for the period of October 1, 2008, to September 30, 2009; and
B) approve a Budget Amendment of $19,074 in the Sheriff’s Grant Fund.
SUMMARY: The City of
West Palm Beach, received an award from the United States Department of Justice
Office of Justice Programs for the Gramercy Village Weed and Seed. On November 19, 2008, the Palm Beach County
Sheriff’s Office (PBSO) and the City of West Palm Beach entered into an
agreement to continue the Gramercy Village
Community Area Multi-Agency Law Enforcement Unit (MALEU). The objective of the MALEU is to prevent, control, and reduce violent crime,
drug abuse, and gang activity in the Gramercy Village Community Area. Under
this agreement, the Palm Beach County Sheriff’s Office will receive $19,074 in
reimbursable funds for overtime costs associated with the program. There is no
match requirement associated with this award. No additional positions are needed and no additional County funds are
required. District 3 (DW)
3. Staff recommends
motion to:
A)
accept on behalf
of the Palm Beach County Sheriff’s Office (PBSO) a settlement from an equipment
vendor; and
B)
approve a Budget
Amendment of $75,000 in the PBSO General Fund for the purchase of driving
simulator equipment.
SUMMARY: The PBSO purchased two (2) driving simulators in
2006. A lawsuit resulted because the
equipment ended up not being useable by PBSO.
The $75,000 is final settlement of the suit. PBSO will use the settlement and trade-in of
the original simulators to purchase one (1) driving simulator for the Training
Division. Countywide (DW)
* * * * * * * * * * * *
JANUARY 13, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Presentation to the Palm Beach County Utilities Department
of the 2008 Florida Section AWWA Water Distribution System Award for
outstanding performance (First Place) during the preceding year in Division VI (Over 130,000 water services).
B. Proclamation
declaring February 19, 2009 as “Free Sons of Israel Day” in Palm Beach
County. (Sponsored by Commissioner
Aaronson)
C. Proclamation
declaring March 9 – 15, 2009 as “Palm Beach County Green Week, including the South
Florida Green, Energy & Climate Conference/Expo and WestFest Land & Sea
Festival” in Palm Beach County.
(Sponsored by Commissioner Vana)
D. Proclamation
declaring February 8 - 14, 2009 as “The Lord’s Place Homeless Awareness Week
and Sleepout 2009” in Palm Beach County. (Sponsored by Commissioner Santamaria)
* * * * * * * * * * * *
JANUARY 13, 2009
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, repealing Ordinance 2005-045 Palm Beach County
amendments to the Florida Building Code, 2004 Edition, Chapter 1
“administration” and figure 1606.1.6 basic wind speed map, adopting the Palm
Beach County amendments to the Florida Building Code, 2007 Edition, Chapter 1
“administration” and section and figure 1609.1 basic wind speed map of Palm
Beach County; providing for applicability; providing for repeal of laws in
conflict; providing for inclusion in the Code of Laws and Ordinances; providing
for savings clause; providing for severability; and providing for an effective
date. SUMMARY: The Legislature adopted F.S. 553.73, which mandates a
Statewide Florida Building Code. The Statute allows local governments to adopt
their own Administrative Section of the Florida Building Code, 2007 Edition.
This section would apply in the unincorporated area of Palm Beach County, and
those municipalities participating in an Interlocal Agreement for the provision
of County plan review and inspection services.
This administrative section is based upon recommendations of the Palm
Beach County Building Code Advisory Board.
Figure 1609 in the Florida Building Code is accurate for basic wind
design to the County and provides for local government to establish specific
wind speed/wind borne debris lines using physical landmarks which is Figure
1609.1. Significant changes to this administrative code are the clarification
that quality control is not within purview of the code, except as it relates to
the purpose of the code (Section 101.3.1) and the code enforcement procedures
relative to unsafe structures or systems. Unincorporated (GB)
C. Staff recommends motion to adopt: a Resolution confirming the special assessment process for the 3rd Place and 81st Avenue Water Main Extension. SUMMARY: Petitions in favor of the installation of a potable water main have been provided by 67% of the property owners in the 3rd Place and 81st Avenue project area. The project will serve 15 residential properties currently on private wells. Individual assessments of $10,870.33 per acre are based on 100% of the assessable cost and may be paid over 20 years with equal annual payments of principal and 6½% interest. The total project cost is $153,162.96, and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration, and construction contingency. The project will be constructed utilizing a work authorization under the Water Utilities Department Continuing Construction Contract (R2008-0769). (WUD Project No. 06-139) District 6 (JM)
* * * * * * * * * * * *
JANUARY
13, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
1.
Staff
recommends motion to:
A) approve a Contract with Palm Beach Community
College Small Business Development Center (SBDC) in the amount of $70,500 to provide technical assistance and
training to small businesses in Palm Beach County for the period of January 1,
2009, through September 30, 2009; and
B) authorize a one time payment of $23,500 for services
that have been rendered from October 1, 2008, through December 31, 2008, for a
total of $94,000.
SUMMARY: This
Contract provides Palm Beach County’s Small Business Enterprise firms with
technical assistance and training in the form of direct consulting services in
the areas of finance, marketing, management, construction, human resources,
business plans and international trade. In
addition, $50,000 of the $94,000 contracted amount secures services to develop
federal certifications, such as 8 (a), HUBZone and Small Disadvantaged
Business; identify federal contract opportunities for local small businesses;
and, assist local businesses in submitting
bids to local, state, and federal agencies. On July 29, 2008, the Office
of Small Business Assistance completed an audit for Programmatic Efficiency,
Financial Accountability, Contract Compliancy and Customer Satisfaction, and
concluded that the SBDC satisfactorily provided business consultation services
to start-up and existing businesses. As
of September 30, 2008, the SBDC equaled or exceeded the deliverables for the
Scope of Work. Countywide (TKF)
|
|
Deliverables
|
FY08 Contracted |
Achieved As
of 9/30/08 |
FY09 Contracted |
|
|
SMALL BUSINESS
DEVELOPMENT CENTER |
|
|
|
|
1 |
Management & Technical Assistance
Clients |
440 |
667 |
440 |
|
2 |
Loans
Approved |
$1,750,000 |
$1,992,650 |
$1,750,000 |
|
3 |
Client
Profiles |
4 |
4 |
4 |
|
|
PROCUREMENT TECHNICAL ASSISTANCE CENTER PROGRAM (PTACP) |
|
|
|
|
4 |
Management & Technical Assistance
Clients |
65 |
111 |
65 |
|
5 |
Procurement Approved |
$3,500,000 |
$36,391,097 |
$3,500,000 |
|
6 |
Government Procurement Seminars |
16 |
17 |
16 |
|
7 |
Certification Training |
8 |
8 |
8 |
|
8 |
Review of RFP/Bid Process |
6 |
6 |
6 |
|
|
|
|
|
|
JANUARY
13, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to approve:
A) waiver of the competitive solicitation process for professional
services, upon recommendation of the County Administrator, based on Kathleen
Owen’s expertise and familiarity with fire rescue level of service and
communication/dispatch system issues in Palm Beach County; and
B) a Consulting/Professional
Services Agreement with Kathleen Owens relating to implementing a fire-rescue
level of service and common communication/dispatch system. This Agreement is
for 12 months until December 31, 2009, with the option of two (2) yearly
renewals/extensions, in an amount not to exceed $12,000.
SUMMARY: The Fire Rescue Level of Service Committee has made significant
progress, but there are still several tasks that have not yet been completed. Key among these issues is the development of
a response time methodology and standard for the entire region by October
2009. The Fire Rescue Level of Service
Committee is recommending Ms. Owens’ Agreement to assist with the finalization
of these final important tasks. Ms. Owens has an expertise and familiarity with
fire rescue level of service and communication/dispatch system issues in Palm
Beach County and has assisted the Fire Rescue Level of Service Committee since
its inception. Due to Ms. Owens’ expertise and familiarity with the issues, the
County Administrator is recommending that the competitive selection process for
professional services be waived, as authorized by Section 2-54(h) of the Palm
Beach County Purchasing Code. Countywide (SB)
JANUARY
13, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to discuss and approve: Commission appointments to various boards and committees by District:
District 1
BioScience Land Protection Advisory Board
*County Coalition for Responsible Management of
Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries and Lake Worth
Lagoon (Ten County Coalition)
Criminal Justice Commission
*Metropolitan Planning Organization
*Treasure Coast Regional Planning Council
*Value Adjustment Board
* PalMar Water Control District
District 2
Artificial Reef & Estuarine Enhancement
Committee
*Children=s Services Council
Homeless Advisory Board
*Metropolitan Planning Organization
*Palm Beach County Culture Council (Ex-Officio)
*South Florida Regional Transportation Authority
Tourist Development Council
*Treasure Coast Regional Planning Council
*Value Adjustment Board
Water Resources Task Force
District 3
Audit Committee
Corrections Task Force
*Early Learning Coalition
Green Task Force
*Intergovernmental Coordination Program
*Metropolitan Planning Organization (Alternate)
Public Safety Coordinating Council
*Treasure Coast Regional Planning Council
District 4
Education and Government Programming Advisory Board
*Education Commission of Palm Beach County
*Kravis Center Board of Directors (Ex-Officio)
*Metropolitan Planning Organization (Alternate)
Overall Economic Development Program Committee
Public Art Committee
*Treasure Coast Regional Planning Council
(Alternate)
*Workforce Alliance, Inc.
District 5
*Business Development Board
Investment Policy Committee
*Metropolitan Planning Organization
*Treasure Coast Regional Planning Council
(Alternate)
District 6
*Community Alliance
*County Coalition for Responsible Management of
Lake Okeechobee and St. Lucie and Caloosahatchee
Estuaries and Lake Worth Lagoon (Ten County Coalition) (Alternate)
*Intergovernmental Coordination Program
*Issues Forum
*Metropolitan Planning Organization
*South Florida Fair Board of Trustees
*Treasure Coast Regional Planning Council
(Alternate)
*Value Adjustment Board (Alternate)
Victim Coordinating Council
District 7
BioScience Land Protection Advisory Board
(Alternate)
*Metropolitan Planning Organization
Overall Economic Development Program Committee
*Value Adjustment Board (Alternate)
*
Not a Board of County Commission created board/committee
JANUARY 13, 2009
6. REGULAR
AGENDA
B. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in three (3) properties to the Community Land Trust of Palm Beach County, Inc., without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration;
B) approve one (1) County Deed in favor of Community Land Trust of Palm Beach County, Inc. (CLTPBC);
C) approve an Agreement with Community Land Trust of Palm Beach County, Inc., for the disposition of said properties; and
D) receive and file copies of two (2) County Deeds conveying property to Frank Harris III, and to Pamela Nealy.
SUMMARY: On June 7, 2005, the Palm Beach County Board of County Commissioners approved the creation of the Local Homesteading Pilot Program, and allocated Federal Community Development Block Grant (CDBG) funds for the acquisition of residential properties. Properties acquired under this program, were to be resold to low-income homeowners at affordable prices. Of the five (5) homes purchased with these funds, two (2) were resold (one to Mr. Harris, and the second to Ms. Nealy), and the other three (3) remain in the County’s ownership. Despite various attempts by the Department of Housing and Community Development (HCD) to market the remaining homes, they continue to be unsold due to the difficulty encountered by potential low-income buyers to obtain adequate financing, and more recently, due to the soft real estate market. HCD is recommending the conveyance of the three (3) remaining homes to the CLTPBC, in support of the CLTPBC’s mission to provide affordable housing. Under the CLTPBC’s model, in order to achieve affordability, the land for each home will be leased to a County approved low income homeowner for 99 years, and only the home will be sold to the homeowner. The financial burden on potential homeowners is lessened under this model because the land is leased for a small monthly cost, rather than being purchased, and only the home requires financing to enable its purchase. The proposed Agreement provides for the conveyance of the three homes to the CLT, and contains the conditions and restrictions that HCD will use to monitor and enforce the CDBG requirements. The County will retain mineral and petroleum rights in accordance with Florida Statues Section 270.11, without rights of entry and exploration. These are Federal CDBG funds that require no local match. Districts 3 & 7 (TKF)
JANUARY
13, 2009
6. REGULAR
AGENDA
B. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends motion to approve:
A) an Agreement with the Community Land Trust of Palm Beach County, Inc., for the acquisition and development of property to be used for affordable housing, for the period of January 13, 2009, through December 31, 2011; and
B) a reimbursement to the Housing Partnership, Inc. in the amount of $2,500.
SUMMARY: On July 11, 2006, Palm Beach County entered into an Agreement with the Housing Partnership, Inc., wherein the County agreed to purchase 7.29 acres of land located on Davis Road just south of Melaleuca Lane in unincorporated Palm Beach County. According to this Agreement the land was purchased with Community Development Block Grant (CDBG) funds in the name of the Housing Partnership, Inc., who agreed to the eventual transfer of its title to a recipient to be selected by the County. In exchange for the receipt of title to the land, the Community Land Trust of Palm Beach County, Inc., (CLT), has agreed to develop the land for affordable housing. The CLT has agreed to develop the portion of land west of Davis Road (which is the larger of two portions) for the construction of single-family detached and/or attached homes all of which, for a period of 30 years, will be sold to homeowners with incomes at or below 80% of the median income. On the portion of land east of Davis Road, the CLT will construct rental units, 51% of which, for a period of five (5) years, will be rented to tenants whose household incomes are also at or below 80% of the median income. The reimbursement to the Housing Partnership, Inc. is for costs incurred in connection with maintaining the property. These are Federal CDBG funds that require no local match. District 3 (TKF)
3. Staff recommends
motion to approve:
A) an increase of $2,500 in the maximum State Housing Initiative Partnership (SHIP) Program subsidy a household can receive for foreclosure prevention assistance from $7,500 to $10,000; and
B) to permit moderate income households, earning up to 120% of AMI, to receive SHIP foreclosure prevention assistance.
SUMMARY: The SHIP Program provides funding to Palm Beach County’s Commission on Affordable Housing (CAH) for various programs designed to assist in the development and preservation of affordable housing. Currently, the Mortgage Assistance Program provides financial assistance to eligible very low and low income households who are facing foreclosure due to an unexpected loss of household income. The goal of this program is to prevent the foreclosure by paying up to six (6) months of delinquent mortgage payments including principal, interest, taxes, insurance. Due to the current local housing conditions, it is recommended that the maximum level of assistance be increased to $10,000; and that moderate income households be permitted to receive assistance. The proposed program policies were reviewed and recommended by the Commission on Affordable Housing’s Advisory Board on September 25, 2008. These are State funds which require no local match. Countywide (TKF)
JANUARY
13, 2009
6. REGULAR
AGENDA
C. PLANNING, ZONING & BUILDING
TIME CERTAIN - 10:00 A.M.
1. Staff
recommends motion to:
A) adopt Resolution of the Board of County
Commissioners of Palm Beach County, Florida, changing the street name of Oriole
Country Road to Judge Winikoff Road, located in Sections 14, 23, 25 & 26,
Township 47, Range 41, West Palm Beach; and
B) approve a Budget Transfer
from the Transportation Improvement Fund Reserves for District 5 Improvements
which will be utilized to pay the $1,400 application fee for street name
changes.
SUMMARY: The Board of Directors of the West Boca Community Council has asked the Palm Beach County Board of County Commissioners to rename Oriole Country Road to Judge Winikoff Road to honor the Circuit Court Judge who passed away on June 17, 2008. Approval of the Budget Transfer will provide funds for the fees associated with the name change process. Upon receiving a copy of the approved resolution, PZ&B staff will implement the name change by notifying appropriate parties and agencies. District 5 (RB)
D. PARKS & RECREATION
TIME CERTAIN - 10:15 A.M.
1. Staff recommends motion to approve: establishing
a boat trailer parking fee at the County’s five (5) saltwater boat ramps. SUMMARY:
During the 2008/2009 budget
process, the Board considered a proposal to establish a boat trailer parking
fee at the County’s saltwater boat ramps. Due to the opposition expressed by
the Marine Industries Association (MIA), staff was directed to meet with
representatives of the MIA, receive their input, and bring the matter back for
further consideration. Staff has met with the MIA, which continues to strongly
oppose the fee, and modified the original fee proposal to include several
suggestions made by the MIA. Staff is recommending that the Board approve a $10
per day parking fee to be collected year round at the County’s five (5)
saltwater boat ramp parks. It is further recommended that a $75 annual parking
permit be made available to County residents. Countywide (AH)
2. Staff recommends
motion to approve: reallocation of $1,000,000 in project funding within
the 2002 $50 Million Recreational and Cultural Facilities Bond referendum from
Riviera Beach – Harbor Village Amphitheatre to the following projects:
A) TAB Development, Inc. for construction of the
U.B. $500,000
Kinsey Educational
& Community Center; and
B)
Palm Beach County for
construction of the Gramercy $500,000
Park Neighborhood Park project.
SUMMARY:
The District 7 Commissioner
has identified $1,000,000 from the $50 Million Recreational and Cultural
Facilities Bond that she has requested the Board redirect to a not-for-profit
agency project (TAB Development, Inc. U.B. Kinsey Educational & Community
Center) and the proposed Palm Beach County Gramercy Park Neighborhood Park
project. District 7 (PK)
JANUARY
13, 2009
6. REGULAR
AGENDA
E. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing an expansion of
the building space being leased to LJL Food Management, Inc. d/b/a Tina’s Café,
extending the term of the Lease and finding that the First Amendment to
Governmental Center Lease Agreement with LJL Food Management, Inc. is in the
best interest of the County; and
B) approve a First Amendment to Governmental Center Lease Agreement (R2002-0829) with LJL Food
Management, Inc. d/b/a Tina’s Café, to expand the current leased premises by
1,050 square feet and extend the term of the Lease to a period of ten (10)
years, specifying the rental rate.
SUMMARY: On December 16, 2008, the Board approved allowing Tina’s Café to expand into the adjacent 1,050 square feet of space previously occupied by Channel 20. This motion includes extending the term of the Lease to a total of ten (10) years. The current term of the Lease expires August 31, 2011, and this Amendment extends the term until January 31, 2018. The current annual rent is $23,702. ($15.76/sf) and increases annually by four percent (4%). With the inclusion of the additional space, rent will increase to $40,250.64. Tina’s Café has requested that the annual rent be reduced by $3.25/sf to $12.51/sf, for a total annual rent of $31,950.54. While operating statements submitted by Tina’s Café indicate that the owners have been losing money on the operation of their business, Staff cannot recommend a rental reduction. This Lease was procured through an RFP process, and general procurement policy would normally require a new competitive process be conducted to make such material changes to the terms of a competitively bid agreement. (PREM) Countywide (HJF)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
JANUARY
13, 2009
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS ENVIRONMENTAL CONTROL BOARD
A. HEALTH DEPARTMENT
1. Staff recommends motion to approve: appointment of the following individual to the Environmental Control Hearing Board, to complete the unexpired term of Jane West, Esq., who resigned as of November 5, 2008, and whose term expires January 12, 2011:
Name Seat No. Requirement Recommended By
Denise Bleau 1 Attorney Palm Beach County Bar Association
SUMMARY: The Board is
composed of five (5) members. Membership
must consist of one (1) lawyer recommended by the Palm Beach County Bar
Association, one (1) medical doctor recommended by the Palm Beach County
Medical Society, one (1) engineer recommended by the Palm Beach County Chapter
of the Florida Engineering Society, and two (2) citizens-at-large not holding
elective office. This action will fill
this seat until January 12, 2011. Countywide
(GB) (Health Department)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE AS THE BOARD OF COUNTY
COMMISSIONERS
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Palm Beach County HIV Comprehensive AIDS Resources
Emergency Council)
1. Staff recommends
motion to approve: reappointment/appointment
of the following individuals to the Palm Beach County HIV Comprehensive AIDS
Resources Emergency (CARE) Council for a term of two (2) years, effective
January 13, 2009:
|
Seat No.
|
Reappointment |
Seat Requirement |
|
1 |
Dr. Nicholas
Potochny |
Health Care
Provider |
|
2 |
Lorenzo Robertson |
Community Based
Organization |
|
13 |
Thomas McKissack |
Mental Health
Substance Abuse Provider |
|
15 |
Mary Piper Kannel |
Local Public
Agencies |
|
16 |
Mary Jane
Reynolds |
Affected
Community |
|
18 |
Glenn Krabec, PhD |
Affected
Community |
|
22 |
Cecil Smith |
Affected
Community |
|
25 |
Shirley Samples |
Affected
Community |
|
27 |
Laurence Osband |
Affected
Community |
|
41 |
Michael Greene |
Hospital Planning
Agency/ Health Care Planning Agency |
|
45 |
David Begley |
Representative of
Incarcerated PLWH |
|
|
|
|
|
Seat No.
|
Appointment |
Seat Requirement |
|
17 |
Alice Holmes |
Affected
Community |
|
19 |
Chris LaCharite |
Affected
Community |
|
23 |
Bobbie Cleveland |
Affected
Community |
|
24 |
Raymond Philmore |
Affected
Community |
|
26 |
Gilbert Owens |
Affected
Community |
|
40 |
Kimberly Bradley |
State Ryan White
Part B Agency |
|
42 |
Jennifer Piva |
Ryan White Part D
Agency |
|
44 |
Linda Leary |
Other Federal HIV
Programs |
Summary: The Palm Beach County HIV CARE Council Bylaws state that total
membership shall be no more than 45 and no less than 21 members. Founding members were appointed for one (1)
and two (2) year terms with subsequent terms of two (2) years. The HIV CARE
Council Nominations Process is an open process with publicized criteria and
legislatively defined conflict of interest standards. The 11 reappointments and
seven (7) new appointments successfully completed the HIV CARE Council Nominations
process, and the HIV CARE Council has recommended their
reappointment/appointment. (Ryan White) Countywide
(TKF)
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
B. PLANNING, ZONING & BUILDING
(Construction Board of Adjustment and Appeals)
1. Staff recommends
motion to approve: the appointment of one (1) individual to the
Construction Board of Adjustment and Appeals (CBAA), to complete the unexpired
term of Bryon Scholz, Plumbing Contractor, who resigned, and whose term expires
on February 6, 2010:
Nominee Seat Requirement Nominated By
SUMMARY: Palm Beach
County Ordinance 89-31 created the Construction Board of Adjustment and Appeals. The term of the office is three (3) years. Bart Rasper is nominated by the Construction
Industry Management Council of Palm Beach County. The nomination represents the Plumbing
Contractor member of the Board as required by the Palm Beach County Ordinance
2002-005, as amended, Palm Beach County Amendments to the Florida Building Code,
2004 Edition. The Board is comprised of seven (7) members consisting of one (1)
registered architect; one (1) registered engineer; one (1) general contractor;
one (1) electrical contractor; one (1) HVAC contractor; one (1) plumbing
contractor and any other contractor licensed category. In addition to the seven (7) members, there
should be two (1) alternate members, one (1) member with the qualifications
referenced above and one (1) member at-large from the public. Countywide (GB)
(Construction Industry
Licensing Board)
2. Staff recommends
motion to approve: appointment of the following individuals to the
Construction Industry Licensing Board (CILB) for the term January 13, 2009, to
September 30, 2011:
Appoint Seat
No. Requirement Nominated
by
Comm.
Koons
Comm. Marcus
Appoint Seat No. Requirement Nominated
by
Steven Hackl 10 Swimming
Pool Contractor Member Comm. Greene
Comm. Koons
Comm.
Marcus
SUMMARY: The Construction Industry Licensing Board
was established by Special Act, Chapter 67‑1876, Laws of Florida as
amended. The Special Act sets forth the
membership of the Board, which consists of 12 members. The membership consists of two (2) general
contractors, one (1) member of the following categories; building; residential;
electrical; plumbing; HARV, roofing; swimming pool; architect; engineer and a
building official. In addition, F.S. § 489.131 requires that we have three (3)
consumer representatives. The above named have been recommended by their
respective organization. Memorandums were sent to the Board of County
Commissioners on October 27, 2008 advising of the vacant positions; No other
nominations were received. Countywide (GB)
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
B. PLANNING, ZONING & BUILDING (Cont’d)
(Construction Board of Adjustment and
Appeals)
3. Staff recommends
motion to approve: the reappointment of the following named individual
to the Construction Board of Adjustment and Appeals (CBAA) for a three (3) year
term from January 2, 2009, to January 1, 2012:
Nominee Seat Requirement
Albert G. Godfrey 3 Electrical
Contractor
SUMMARY: Albert G.
Godfrey is re-appointed by the Construction Industry Management Council of Palm
Beach County. The nomination represents
the electrical contractor member of the Board as required by the Palm Beach
County Ordinance 2002-005, as amended, Palm Beach County Amendments to the
Florida Building Code, 2004 Edition. Countywide
(DW)
(Building Code Advisory
Board)
4. Staff recommends
motion to approve: reappointment of the following individuals to the
Building Code Advisory Board (BCAB) for a three (3) year term from January 2, 2009,
to January 1, 2012.
Nominee Seat Requirement Nominated By
SUMMARY: The
Building Code Advisory Board was established by Special Act of Florida Legislature
in 1974, and amended in 2001. The term
of office is three (3) years; with no limit to the number of terms a member may
serve. William R. Higgins and Maurice
Jacobson are re-appointed by the Construction Industry Management Council of
Palm Beach County. These nominations represent the electrical contractor, and
HVAC contractor cited in the Special Act establishing the Building Code
Advisory Board. The Board comprises of 16
members; seven (7) regional Building Officials (nominated by the Building
Official Association of Palm Beach County); seven (7) members who must be
appointed from nominations submitted by the Construction Industry Management
Council of Palm Beach County; one (1) member who must be a registered Architect
nominated by the Palm Beach County Chapter of the American Institute of
Architects; and one (1) member who must be a Professional Engineer nominated by
the Palm Beach County Chapter of the Florida Engineering Society. Countywide (GB)
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
B. PLANNING, ZONING & BUILDING (Cont’d)
(Building Code Advisory
Board)
5. Staff recommends
motion to approve: reappointment
of the following individual to the Building Code Advisory Board (BCAB) for a
three (3) year term from January 2, 2009, to January 1, 2012:
Nominee Seat Requirement Nominated By
SUMMARY: The
Building Code Advisory Board was established by Special Act of Florida
Legislature in 1974, and amended in 2001.
The term of office is three (3) years; with no limit to the number of
terms a member may serve. The
reappointment of Wayne R. Bergman is nominated by the Building Official
Association of Palm Beach County. The
Board comprises of 16 members; seven (7) regional Building Officials (nominated
by the Building Official Association of Palm Beach County); seven (7) members
who must be appointed from nominations submitted by the Construction Industry
Management Council of Palm Beach County; one (1) member who must be a
registered Architect nominated by the Palm Beach County Chapter of the American
Institute of Architects; and one (1) member who must be a Professional Engineer
nominated by the Palm Beach County Chapter of the Florida Engineering
Society. Countywide (GB)
C. PUBLIC SAFETY
(Consumer
Affairs Hearing Board)
1. Staff recommends
motion to approve: appointment
or reappointment of five (5) members to the countywide Consumer Affairs Hearing
Board as follows:
|
Nominee |
Term |
Expires |
Seat |
Requirement |
Recommended by |
|
Alexander Domb |
New |
1/13/2011 |
1 |
Attorney |
Comm. Jeff Koons |
|
Pedro Guilarte |
Reappoint |
1/13/2011 |
2 |
Chamber of Comm. |
Comm. Jeff Koons |
|
Herbert Milstein |
Reappoint |
1/13/2011 |
9 |
Special Technical |
Comm. Jeff Koons |
|
Edwin Rubin* |
New |
12/31/2009 |
4 |
PBC Citizen |
Comm. Jeff Koons |
|
Daniel Pikula |
New |
1/13/2011 |
5 |
Bus. Management |
Comm. Jeff Koons |
*Edwin Rubin would replace Joseph Abruzzo who resigned from the board
mid-term. That terms expires December
31, 2009.
SUMMARY: Palm Beach County Consumer Affairs Ordinance
72-10 established a Hearing Board. The nine (9) members of the Board are
selected for countywide representation and serve two (2) year terms for a
maximum of six (6) years. The Board
serves in both an advisory capacity to the County Commissioners, and as an
Appeals Board to hear and act on consumer concerns about unfair/deceptive
business practices and appeals relating to the towing, vehicle for hire, moving
and price gouging ordinances. The Hearing Board represents various businesses,
professionals and the general public. With the appointment of these five (5) seats,
the Hearing Board will still have one (1) vacancy for a certified contractor.
Nominations are being sought from the Board of County Commissioners for this
vacant position. With approval of this motion the Hearing Board will have eight
(8) of nine (9) appointed/active members. Countywide (GB)
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
D. PALM
TRAN
(Palm Tran Service
Board)
1. Staff recommends
motion to approve: appointment of one (1) At-Large member for
a term of two (2) years, effective January 13, 2009, to the Palm Tran Service
Board:
Term to
Nominee Category, Seat
Number Expire Nominated By
Sheila Chamberlain Representative from Belle 01/12/2011 Comm. Santamaria
Glade/Lake Region of Palm
Beach County, Seat No. 13
Summary: The Palm Tran Service Board is composed of 13
at-large members. The new appointment of Sheila Chamberlain for Seat 13 will
fill the seat recently created by the Board of County Commissioners under
Resolution 2008-1568. Countywide (DR)
E. ADMINISTRATION
(Overall Economic Development
Program (OEDP) Committee)
1. Staff recommends motion to approve: the appointments of the following two (2) representatives to the Overall Economic Development Program (OEDP) Committee to complete the unexpired terms of four (4) years:
Seat No. The Business Incubators Unexpired Term
2 Jane E. Teague Feb. 5, 2011
Seat No. A North County Business
Representative
27 Professor Roy A. Periana July 15, 2011
SUMMARY: The OEDP consists of 31 members. The OEDP Committee reviews and makes recommendations to the Board of County Commissioners on important economic development program, projects and issues. The new appointment, Jane E. Teague, will replace former member, Seabron Smith. This representation alternates among the county supported business incubators. The new appointment, Professor Roy A. Periana, will replace former member, Casey Steinbacher, who represented the North Palm Beach Chamber of Commerce. These recommendations were made by the OEDP Committee on December 4, 2008. Countywide (DW)
JANUARY 13, 2009
8. BOARD
APPOINTMENTS
F. WATER
UTILITIES
(Water Resources Task
Force)
1. Staff recommends
motion to:
A) ratify the
following members, having been appointed to the Water Resources Task Force
(WRTF) in accordance with Resolution No. R2008-1810 by another entity:
|
Appointed By: |
Representing: |
Appointee Name: |
Alternate Name: |
Representing: |
|
League
of Cities |
Town
of Haverhill |
Jay
Foy, Council Vice President |
David
Autrey, Council Member |
Town
of Loxahatchee
Groves |
|
League
of Cities |
Town
of Palm Beach |
Susan
Markin, Council Member |
Betty
Bingham, Vice Mayor |
Town
of Ocean Ridge |
|
League
of Cities |
Village
of Wellington |
Dr.
Carmine Priore, Vice Mayor |
Lynne
Hubbard, Council Member |
City
of Riviera Beach |
|
League
of Cities |
Town
of Jupiter |
Todd
Wodraska, Councilor |
Michael
Dahlgren, Council Member |
City
of Atlantis |
|
League
of Cities |
City
of Palm Beach Gardens |
David
Levy, Vice
Mayor |
Susan
Haynie, Council Woman |
City
of Boca Raton |
|
League
of Cities |
City
of Belle Glade |
Steve
Wilson, Mayor |
David
Stewart, Mayor |
City
of Lantana |
|
SFWMD
Governing Board |
South
Florida Water Management District |
Patrick
Rooney, Palm Beach County Representative |
Chip
Merriam, Deputy Executive Director |
South
Florida Water Management District |
|
Seacoast
Utility |
Special
Independent District Water & Wastewater
Providers |
Donald
Noel |
D.Albrey
Arrington, Executive Director Loxahatchee River District |
Special
Independent Districts |
|
Lake
Worth Drainage District |
Lake
Worth Drainage District |
James
M. Alderman, President |
John
I. Whitworth, III, Supervisor |
Lake
Worth Drainage District |
|
Northern
Palm Beach County Improvement District |
Drainage/Water
Control Districts |
O’Neal
Bardin, Jr. Executive Director |
C.Danvers
Beatty, Deputy Executive Director |
Drainage/Water
Control Districts |
B) appoint
the following members to the
Water Resources Task Force (WRTF)
|
Seat: |
Representing: |
Appointee Name: |
Alternate Name: |
|||
|
Environmental
Representative |
Environmental |
John
Flanigan, Esq. |
Richard
Tomasello, P.E. |
|||
|
Active
Farming Agricultural Landowner |
Agriculture |
Steve
Bedner |
Ted
Winsberg |
|||
|
|
|
|
|
|||
SUMMARY:
On October 7, 2008, the Board of
County Commissioners adopted Resolution No. R2008-1810 establishing a 14 member
Water Resources Task Force to identify and evaluate opportunities and
impediments to providing future water supply, conservation, wastewater
treatment, and reuse or reclaimed water opportunities that are most efficient
and cost effective. At that meeting, the Commission appointed Commissioner
Koons to represent Palm Beach County and Northern Water Control District to
represent the requisite Drainage/Water Control District representative member.
In addition, Mr. Ken Todd, being the Water Resource Manager for Palm Beach
County is by Resolution, appointed to the Task Force in an Ex-Officio,
non-voting capacity to serve also as the Chair of the Technical/Professional
Workgroup. Countywide (JM)
G. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 13, 2009
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JANUARY 13, 2009
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
January 13, 2009 – 9:30 a.m.
FINAL BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JANUARY 13, 2009
PAGE ITEM
8 3A-7 REVISED TITLE & SUMMARY: Staff recommends motion to approve: A..B)..C)..D)..E)
authority for County Administrator to sign all documents associated with this
item. SUMMARY: On October 9,
2008, the Section 108 Loan Review Committee..recommended providing a loan
through the Palm Beach County Section 108 Program for GG&EC, a full service
propane gas, appliance and air conditioning company…The project will create
nine (9) full-time equivalent jobs in the next six (6) five (5) years…All documents are subject to such
modifications required for consistency with the loan commitment, compliance
with HUD’s criteria, and to protect the County’s interest. District
6 (DW) (Admin/Economic Development)
26 3I-2 REVISED TITLE: Staff recommends motion to approve: A)
a Conditional Grant Agreement with McCurdy Center Ltd...and B) Approval of the Subordination
Agreement. (HCD)
30 3L-5 REVISED TITLE & SUMMARY: Staff recommends motion to:
A) approve a Contract with Great Lakes Dredge & Dock Company, LLC in the amount of $12,223,252.80 for the construction of the Juno Beach Shore
Protection 2nd Nourishment Project No. 2008ERM06;
AB) approve Grant Agreement No. 08PB1 with the
Florida Department of Environmental Protection (FDEP) in the amount of
$5,390,596 for cost-sharing on the Juno Beach Nourishment Project (Project)
through March 1, 2010;
BC) approve
a Budget Amendment of $5,390,596 in the Beach Improvement Fund to recognize the
revenue from the Agreement;
CD) approve a Budget Transfer of $1,500,000 in the
Beach Improvement Fund from Reserves ($1,000,000) and Emergency Beach Response
($500,000) to the Juno Beach Project; and
DE) authorize the County
Administrator or his designee to sign all future time extensions, task
assignments, certifications and other forms associated with the Grant
Agreement, and necessary minor amendments that do not change the scope of work
or terms and conditions of the Agreement.
SUMMARY: One (1) bid was
received for this Project.
Great Lakes Dredge & Dock
Company, LLC was
a responsive, responsible bidder with 0% Small Business Enterprise (SBE)
participation, which does not meet the established 15% goal. This
Contract includes offshore dredging and constructed placement of fill along 2.4
miles of publicly accessible beach in Juno Beach and Jupiter. Under
the terms of the Grant Agreement, FDEP will reimburse 50% of the non-federal
Project costs or up to $5,390,596. Federal reimbursement of at least
$2,698,461 for Project construction, management and design costs is available
through FEMA. The remaining $2,692,135 is funded from a combination of
tourist development taxes, interest and balance forward, and ad valorem
funds in the Beach Improvement Fund included in the Transfer and retroactive
to January 2006. Staff originally
proposed a construction contract for this Project with Great Lakes Dredge &
Dock Company, LLC with this board item.
Staff have been unsuccessful in receiving all environmental permits
necessary for executing a contract and continuing this construction project at
this time. It is staff’s intent to
continue working on the receipt of all necessary permits and rebid the Project
for a construction window following turtle nesting season starting November 1,
2009, a 10-month project delay. As we
only received one (1) responsive, responsible bid which exceeds the original
construction estimate by 24%, staff would expect a more favorable response as
we would be able to provide a broader construction window (November to March). (ERM)
35 3Q-3 REVISED TITLE & SUMMARY: Staff recommends motion to approve: the
Second Amendment to an Amended and Restated Agreement the
Interlocal Agreement (R2008-0088), with the City of Belle Glade (The City)
to reduce the amount of funding being provided to the City for programming
in FY 2008-2009 by $44,200, for resulting in a new total not
to exceed $142,800 $442,800 for the contract period October 1,
2008, to September 30, 2009 to support the build-out of the Youth Empowerment
Center, the prevention component of the Youth Violence Prevention Project. SUMMARY: The City previously set aside
$113,000 to pay the Palm Beach County Facilities Development & Operations
Department (FDO) to move a donated modular from Palm Beach to Belle Glade.
The City recently submitted a site plan which includes a sidewalk, parking lot,
lighting, fencing and other enhancements which increased the budget required
for the move/installation of the Youth Empowerment Center modular by
$44,200. The City has agreed to transfer
these funds back to the CJC so payment can be made for such improvements. The
total for the relocation, install and enhancements of the modular is $157,200. supports
the additional request of $44,200. FDO
requires a total of $157,200 to complete the project as outlined in the revised
site plan, with a mid-late March date for occupancy. These funds are included in the FY 2009
approved budget as part of the City’s original Interlocal Agreement
(R2008-0088), with $142,800 remaining for program operations. The Criminal
Justice Commission (CJC) recommends the use of $44,200 as recommended by FDO and
the City for moving, relocating and enhancing a modular which will be used as
the Youth Empowerment Center, located at 227 Southwest 6th Street,
Belle Glade, Florida. (CJC)
46 6B-2 REVISED SUMMARY: On July 11, 2006, Palm Beach County entered into an Agreement with the Housing Partnership, Inc., wherein the County agreed to purchase 7.29 acres of land located on Davis Road just south of Melaleuca Lane in unincorporated Palm Beach County. According to this Agreement the land was purchased with Community Development Block Grant (CDBG) funds in the name of the Housing Partnership, Inc., who agreed to the eventual transfer of its title to a recipient to be selected by the County. In exchange for the receipt of title to the land, the Community Land Trust of Palm Beach County, Inc., (CLT), has agreed to develop the land for affordable housing. The CLT will select its development team either in accordance with current Palm Beach County Purchasing policies or in accordance with CLT purchasing policies which will receive prior County staff approval. The CLT has agreed to develop the portion of land west of Davis Road (which is the larger of two portions) for the construction of single-family detached and/or attached homes all of which, for a period of 30 years, will be sold to homeowners with incomes at or below 80% of the median income. On the portion of land east of Davis Road, the CLT will construct rental units 51% of which, for a period of five (5) years, will be rented to tenants whose household incomes are also at or below 80% of the median income. The reimbursement to the Housing Partnership, Inc., is for costs incurred in connection with maintaining the property. These are Federal CDBG funds that require no local match. District 3 (TKF) (HCD)
47 6D-1 DELETED: Staff recommends
motion to approve: establishing a
boat trailer parking fee at the County’s five (5) saltwater boat ramps. (Parks)
(To allow staff discussion with other boating interests besides Marine
Industries as was originally requested by Comm. Marcus. We anticipate bringing this matter back to
the Board on February 3, 2009)
48 6E-1 REVISED MOTION/TITLE & SUMMARY:
Staff recommends motion
to:
A) rescind Board approval of the Resolution and the
First Amendment to Governmental Center Lease Agreement as submitted on December
16, 2008 (R2008-2356);
AB)
adopt a Resolution
authorizing an expansion of the building space being leased to LJL Food
Management, Inc. d/b/a Tina’s Café, extending the term of the Lease and finding
that the First Amendment to Governmental Center Lease Agreement with LJL Food
Management, Inc. is in the best interest of the County; and
BC)
approve a First Amendment
to Governmental Center Lease
Agreement (R2002-0829) with LJL Food Management, Inc. d/b/a Tina’s Café, to
expand the current leased premises by 1,050 square feet and extend the term of
the Lease to a period of ten (10) years, specifying the rental rate.
SUMMARY: On
December 16, 2008, the Board approved allowing Tina’s Café to expand into the
adjacent 1,050 square feet of space previously occupied by Channel 20. This
item rescinds approval of the prior First Amendment and replaces it. Thise new First Amendment
extendings the term of the Lease to a total of ten (10)
years. The current term of the Lease
expires August 31, 2011, and this Amendment extends the term until January 31,
20189. The current annual
rent is $23,702.64 ($15.76/sf) and increases annually by four percent
(4%). With the inclusion of the additional space, rent will increase to $40,250.641.04. Tina’s Café has requested that the annual
rent be reduced by $3.256/sf to $12.510/sf, for a
total annual rent of $31,950.5425 and that annual increases be
reduced to 2.5%. While operating
statements submitted by Tina’s Café indicate that the owners have been losing
money on the operation of their business, Staff cannot recommend a rental
reduction. This Lease was procured
through an RFP process, and general procurement policy would normally require a
new competitive process be conducted to make such material changes to the terms
of a competitively bid agreement. (FDO)
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 (*).