ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
FEBRUARY 24, 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 6 - 33)
4. PUBLIC HEARINGS - 9:30
A.M. (Page 34)
5. REGULAR
AGENDA (Pages 35 - 37)
TIME
CERTAIN – 10:00 A.M. (Scripps Florida Progress) (Page 35)
TIME
CERTAIN – 10:15 A.M. (Debt Review) (Page 35)
TIME
CERTAIN – 10:30 A.M. (U.S. Interagency Council on Homelessness) (Page 35)
6. BOARD
APPOINTMENTS (Pages 38 - 40)
7. STAFF
COMMENTS (Page 41)
8. COMMISSIONER
COMMENTS (Page 42)
9. ADJOURNMENT (Page 42)
* * * * * * * * * * *
FEBRUARY 24, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Brownfield
Economic Development Grant Agreement with Glades Gas & Electric Corp.
3A-2 Resolution
requesting additional speed restrictions in Little Lake Worth
Page 7
3A-3 HUD
Letter of Approval for Section 108 Loan funds to implement business ventures
Page 8
3A-4 Loan
Agreement with HUD/Loan and Security Agreement with The Baron Group, Inc.
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Interlocal
Agreement with Indian Trail Improvement District regarding Reliever Road
3C-2 Renewal
of civil engineering agreement with Corzo Castella Carballo Thompson Salman, PA
3C-3 Budget
Transfer/Amendment regarding right turn lane on Palmetto Park Rd/Cartagena Dr
Page 10
3C-4 Contract
with Budget Construction Company for Southwest 9th Avenue
improvements
3C-5 Amendment
to annual open graded asphalt pavement contract with Florida Highway Products
3C-6 Contract
with American Engineering & Development Corp. for Lyons Road widening
3C-7 Deleted
3C-8 Deleted
3C-9 Renewal
of intersection improvement annual agreement with Arcadis U.S., Inc.
Page 11
3C-10 Three (3) County deeds to FDOT for easements associated with Glades
Regional Hospital
3C-11 Budget Transfer regarding manufacture/install of Judge Winikoff Road
signs
3C-12 Contract with H & J Contracting, Inc. regarding Stacy Street
improvements
3C-13 Renewal of civil engineering annual agreements
with Keshavarz & Associates, and Last Devenport, Inc.
3C-14 Renewal of MSTU Districts A – E annual
agreements with Civil Design, Inc.
D. COUNTY ATTORNEY
Page 12
3D-1 Payment
to Leon County BCC regarding Leon County,
et al. v. Jeffrey Lewis, et al. case
3D-2 Engagement Letter for
Auditor Services for the Housing Finance Authority by Caler, Donten, Levine,
Porter & Veil, P.A.
Page 13
3D-3 Settlement
Agreement in case of Centennial Real
Estate Investors L.L.C-1 v. PBC et al. case
3D-4 Amendment
No. 3 with Greenberg Traurig to provide bond counsel and related legal services
3D-5 Receive
and file official transcript for Pine Crest Preparatory School project bonds
E. COMMUNITY SERVICES
Page 13
3E-1 Budget
Amendment in the Low Income Home Energy Assistance Program Fund
Page 14
3E-2 Amendment
No. 3 with Caregiver Services, Inc. for LPN and HHA on-call services
3E-3 Contract with Governor’s Council for
Community Health Partnerships for Summer Camp Scholarships
3E-4 Amendment No. 1 with Area Agency on Aging
for Respite for Elders Living in Everyday Families Program
3E-5 Supplemental funding request to Office of
Head Start regarding Dual Language Institute costs
Page 15
3E-6 Third Party Sponsored Billing Contract with
PBCC for Head Start teacher education
3E-7 Minority AIDS Initiative grant with Dept. of
Health & Human Services
FEBRUARY 24, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 15
3F-1 Option
Contract for Ground Lease with AECOA for aircraft storage hangar construction
Page 16
3F-2 Advertising
Concession Agreement with In-Ter-Space Services at PBIA
3F-3 Deleted
3F-4 Third
Amendment to Lease Agreement with Galaxy Aviation of Palm Beach
Page 17
3F-5 Amendment
No. 5 with The LPA Group, Inc. for professional planning and design services
Page 18
3F-6 Receive
and file eight (8) original standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 18
3G-1 Agreement
with Boynton Town Center developers regarding Road Impact Fee Credits
Page 19
3G-2 Recording
of the FY 2008 retirements of tangible personal property
3G-3 Amendment
No. 2 with McGladrey & Pullen, LLP for external auditing services
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 First
Amendment with Health Care District for fleet and fuel management services
Page 20
3H-2 Amendment
No. 1 with Catalfumo Construction regarding Operations & Support Center
project
3H-3 CSA
No. 2 with MPA Architects, Inc. regarding Fire Station No. 31 replacement
3H-4 Amendment
No. 1 with Colome & Associates for architectural services
3H-5 Amendment
No. 1 with Saltz Michelson Architects for architectural services
Page 21
3H-6 Amendment
No. 1 with MPA Architects, Inc. for architectural services
3H-7 Contract
with Lucas Marine Construction regarding South Lake Worth Inlet projects
3H-8 Amendment
No. 6 with Moss & Associates regarding West County Detention facility
project
Page 22
3H-9 Change
Order No. 85 with The Weitz Company regarding South County Courthouse
3H-10 Amendment No. 2 to Lease Agreement with Milagro Foundation for Early
Head Start program
3H-11 Declaration
of Easement in favor of WUD regarding Fire Rescue Station No. 56
Page 23
3H-12 Declaration of Easement for traffic signal at
WUD System 3 Plant
3H-13 First Amendment with City of Deerfield Beach
regarding 800MHz radio system
I. HOUSING & COMMUNITY DEVELOPMENT
Page 23
3I-1 Amendment
No. 2 with City of Delray Beach regarding Mango Drive and SW 7th
Avenue
3I-2 Agreement
with Town of Lake Park for fencing at 6th Street ballfields
Page 24
3I-3 Agreement
with City of Lake Worth for 2nd, 3rd, 4th, 5th,
6th and 7th Avenues North sidewalks
3I-4 Agreement with We Help Community
Development Corporation for housing rehabilitation program
3I-5 Amendment No. 1 with City of West Palm
Beach for housing rehabilitation
3I-6 Amendment No. 5 with City of Belle Glade
for several street drainage improvements
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 25
3K-1 Interlocal Agreement with ECRWTFOB for legal
expenses in conjunction with FPL reclaimed water project
3K-2 Receive and file closing documents
associated with Beeline Community Development District’s water and wastewater
utility system
3K-3 Reclaimed
Water Agreement with 6595, LLC
FEBRUARY 24, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 25
3K-4 Partial
release of utility easement on land owned by 42K, LLC
Page 26
3K-5 Receive and file two (2) standard
development agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 26
3L-1 Resolution
recreating the Natural Areas Management Advisory Committee
Page 27
3L-2 Contract
with J.W. Cheatham regarding Winding Water Natural Area wetland project
3L-3 Budget
Transfer/Amendment regarding Unit 11 settlements
Page 28
3L-4 Resolution
supporting full funding of the Florida Forever Program
3L-5 Task
Order No. 0410-07 with Taylor Engineering for Jupiter/Carlin Shore Protection
project
3L-6 Task
Order No. 0410-08 with Taylor Engineering for sea turtle monitoring services
M. PARKS & RECREATION
Page 29
3M-1 Receive and file School Board RAP for Gold
Coast Community School IB Program/Soup Kitchen
3M-2 Receive and file School Board RAP for Mary
McLeod Bethune Elementary safety patrol trip
3M-3 Agreement with Cultural Council for operating
expenses and program costs
3M-4 Budget Transfers/Amendment for District 2
recreational/cultural projects
Page 30
3M-5 Receive and file eight (8) independent
contractor agreements
3M-6 Budget Transfer to Lake Worth Bryant Park/Sunset
Ridge Park
Page 31
3M-7 Standard amphitheater rental
agreements/proposed rental fee schedule
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 Interlocal
Agreement with PBSO regarding Youth Violence Prevention project
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 31
3X-1 Receive
and file standard agreement for veterinary services with Peter Davis, DVM
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
FEBRUARY 24, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 32
3AA-1 Agreement for transportation services to Lake of Delray residents
BB. SHERIFF
Page 32
3BB-1 Grant Adjustment Notice from National Institute
of Justice for “Solving Cold Cases with DNA Program”
Page 33
3BB-2 Grant Modification with Area Agency on Aging
regarding elder abuse, neglect and exploitation of women 50 years of age or
older
PUBLIC
HEARINGS - 9:30 A.M.
Page 34
4A Resolution confirming special assessment
process for 3rd Place and 81st Avenue Water Main
extension
4B Resolution renouncing and disclaiming any
public interest in strips of road, dyke and ditch in Palm Beach Farms Company
Plat No. 3
REGULAR AGENDA
ADMINISTRATION
Page 35
5A-1 Proposed
FY 2010 Federal Legislative Program
5A-2 Scripps
Florida – TIME CERTAIN 10:00 A.M.
5A-3 United
States Interagency Council on Homelessness – TIME CERTAIN 10:30 A.M.
CLERK
& COMPTROLLER
Page 35
5B-1 Update
on Debt Review – TIME CERTAIN 10:15 A.M.
COUNTY ATTORNEY
Page 35
5C-1 Resolution
approving issuance of Housing Finance Authority Homeowner Revenue Bonds
HOUSING
& COMMUNITY DEVELOPMENT
Page 36
5D-1 Four (4) Planner I positions and one (1)
Financial Analyst I position for the Housing & Economic Recovery Act of
2008 grant
WATER
UTILITIES
Page 36
5E-1 Ordinance providing revised schedule of
rates, fees, and charges for potable water, wastewater and reclaimed water
services
PALM
TRAN
Page 37
5F-1 Interlocal Agreement with South Florida
Regional Transportation Authority to provide County’s share of net operating
deficit
BOARD
APPOINTMENTS (Pages 38 - 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to:
A) approve a Section 108 Loan Program Agreement between Palm Beach County (PBC) and Glades Gas & Electric Corporation (GG&EC); and
B) authorize the County Administrator or his designee to sign all documents associated with this item.
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 both a $199,000 HUD Section 108 loan and a $99,258 HUD BEDI grant through the Palm Beach County Section 108 Program for GG&EC, a family business established in 1929. GC&EC is a full service propane gas, appliance, and air conditioning company located at 5 Southwest Avenue A, Belle Glade. 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 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. The Board of County Commissioners approved the $199,000 Section 108 funds on January 13, 2009 (Documents R2009-0029 and R2009-0030). The closing of the loan occurred on February 11, 2009. 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 five (5) 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. These are Federal funds that require no local match. District 6 (DW)
2. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, requesting
that the State of Florida Fish and Wildlife Conservation Commission adopt
additional speed restrictions in Little Lake Worth. SUMMARY: At
the request of Commissioner Karen T. Marcus, the Board directed staff to draft
this Resolution. The Resolution requests
that the Florida Fish and Wildlife Conservation Commission adopt additional
speed restrictions in Little Lake Worth to address the threat to public safety
caused by speeding vessels in the area. District
1 (SF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to:
A) receive and file the U.S. Department of Housing and Urban
Development (HUD) Letter of Approval for the Section 108 Loan funds in the
amount of $13,340,000;
B) adopt a Resolution authorizing the submittal of a
$13,340,000 Section 108 Federal Loan Application to HUD;
C) approve
a Budget Amendment of $13,340,000 in the Economic Development Fund to
appropriate the loan and recognize the revenue; and
D) authorize
the County Administrator or his designee to sign all documents related to the
loan application.
SUMMARY: The Palm Beach County Section 108 Program was
developed to create a source of loan funding for use by businesses, investors,
community and non-profit organizations, and economic development organizations
to implement business ventures that will create new jobs and help revitalize
communities. On September 30, 2008, the HUD Section 108 appropriation account
ended after five (5) years of availability. On June 2, 2008, the Palm Beach
County Housing and Community Development (HCD) submitted a request for a
program extension and for funds in the amount of $12,000,000. On January 14,
2009, HCD submitted a letter to HUD requesting to correct the amount of the
available balance of the previous appropriation to $13,340,000. On January 30,
2009, HUD submitted a Letter of Approval for a $13,340,000 loan fund, for a
period of five (5) years, which is to expire on September 30, 2014. No County funds will be pledged to complete
any project funded by a Section 108 loan. These are Federal funds that do not
require local match. Countywide (DW)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends motion to:
A) approve a Loan Agreement between the U.S. Department of Housing and Urban Development (HUD) and Palm Beach County (PBC) in the amount of $1,000,000, contingent upon approval of a new loan pool from HUD;
B) approve a Loan and Security Agreement between PBC and The Baron Group, Inc. (“The Baron Group”) in the amount of $1,000,000 under the Palm Beach County Section 108 Loan Program, contingent upon the approval of a new loan pool from HUD;
C) approve a partial release of mortgage for Thirteenth Street Industrial Park, Inc., contingent upon the approval of a new loan pool from HUD; and
D) authorize the County Administrator or his designee to sign all documents associated with this item.
SUMMARY: On November 3, 2008, the Section 108 Loan Review Committee (LRC) made up of representatives from the Economic Development Office, Housing and Community Development and Office of Financial Management & Budget, recommended providing a loan under the Palm Beach County Section 108 Loan Program for The Baron Group, a sign manufacturing company. The total project investment is $2,513,085, which includes $500,000 from First National City Bank or its Successor, $1,000,000 from the County’s Section 108 Loan Program, and $1,013,085 from owners’ equity. Of the $1,000,000 of Section 108 funds, $212,600 will be for fixed assets and $787,400 for working capital, which is within the County’s criteria. The loan amount per job is $30,303, which is within the HUD criteria. This expansion project includes the creation of 33 full-time equivalent new jobs in the next four (4) years, which is within the County’s Section 108 Loan Program criteria. The Baron Group has been in operation for 25 years and it is in good financial condition and has the stability to support additional loans. The interest rates on the loans for both working capital and fixed assets will be the 3-month London Inter Bank Offered Rate (LIBOR) at the time of closing (as of February 9, 2009, LIBOR was 1.240%) plus one percent (1%), for a term of ten (10) years each. On May 4, 2004, the Board of County Commissioners approved a Loan Agreement (R2004-0844) with Thirteenth Street Industrial Park, Inc. (TSIP) in the amount of $1,660,000. The loan securities include a lien on a 2.04 acre parcel next to the building (Parcel No. 2), which is owned by The Baron Group and its real estate affiliate, TSIP. County staff recommends releasing Parcel No. 2 from TSIP’s Section 108 lien to allow The Baron Group and its real estate affiliate, TSIP, to sell the land, after receiving evidence that First National City Bank or its successor has also agreed. Palm Beach County will also require that The Baron Group, its stockholders and its real estate affiliate agree that any proceeds from the sale of Parcel No. 2 shall be injected as working capital into the business and that an addition be constructed at the present facility. After the sale of the land, the collateral coverage ratio will be 3.6, which is above the industry coverage. These are Federal funds that require no local match. Closing is planned to occur after February 24, 2009 and it is contingent upon release of funds by HUD. All documents are subject to such modification required for consistency with the loan commitment, compliance with HUD’s Criteria and to protect the County’s interest. District 7 (DW)
FEBRUARY 24, 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
Zoning September
29, 2008
Regular December
2, 2008
Zoning December
4, 2008
Regular December
16, 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
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: an
Interlocal Agreement with the Indian Trail Improvement District (ITID)
regarding the acceptance of all ITID imposed conditions associated with Special
Permit (Permit), including a one-time payment of $490,000 to ITID to offset the
impacts of the Project on ITID maintained roadways, for the construction of the
roadway connections and traffic calming devices for the Reliever Road from
Okeechobee Boulevard to Persimmon Boulevard (Project). SUMMARY: Approval of this Agreement will accept the Permit
conditions, allow dismissal of the lawsuit filed against ITID due to failure to
render a decision to issue a Permit for the Project, and will authorize payment
of $490,000 to ITID to offset the impacts of construction of the Project on
ITID maintained roadways and will enable County to construct six (6) traffic calming
devices on ITID maintained roadways. District 6 (MRE)
2. Staff recommends motion to approve: the renewal of the Civil Engineering Annual Agreement with Corzo Castella Carballo Thompson Salman, P.A. The original agreement was dated February 27, 2007 (R2007-0248). SUMMARY: Approval of this Renewal Agreement will extend for one (1) year, required professional services on a task order basis. Countywide (PK)
3. Staff recommends
motion to approve:
A) a Budget Transfer of $25,000 in the Transportation Improvement Fund from Reserve for District 5 to Palmetto Park Road and Cartagena Drive – District 5; and
B) a Budget Amendment of $5,000 in the Transportation Improvement Fund to recognize a contribution from the Boca Grande Homeowners Association for Palmetto Park Road and Cartagena Drive – District 5.
SUMMARY: Approval of the Budget Transfer and Amendment will provide funds to our Road and Bridge Division to construct a right turn lane on Palmetto Park Road at Cartagena Drive. District 5 (MRE)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to approve: a Contract with Budget Construction Company, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $232,956.50 for the construction of Southwest 9th Avenue improvements, Project No. 2008060 (Project). SUMMARY: The Project consists of reconstructing approximately 630 ft. of Southwest 9th Avenue in South Bay, from the southern terminus to Southwest 1st Street. This Project was initiated by the Housing and Community Development (HCD) for the City of South Bay. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the Project by the Contractor is 23% overall. District 6 (MRE)
5. Staff recommends
motion to approve: an Amendment
to the Annual Open Graded Asphalt Pavement Contract (Contract), Project No.
2007054, R2007-0735, dated May 15, 2007, and extended by R2008-1411, dated September
9, 2008, with Florida Highway Products, Inc., to increase the amount of the
Contract. SUMMARY: The Contract, approved on May 15, 2007, was
extended on September 9, 2008 with no increase to the original $100,000
budget. Approval of this Amendment will
increase the contract budget by $400,000, to a total budget of $500,000, for
the remaining contract period through September 30, 2009. The Small Business
Enterprise (SBE) goal for the project was 15%.
The SBE participation committed for the project by Florida Highway
Products, Inc. was 8.42% overall. Countywide
(MRE)
6. Staff recommends
motion to approve:
A)
a Contract with American
Engineering & Development Corp., the lowest responsive, responsible bidder
in the amount of $5,640,527.74 for the widening of Lyons Road, from Glades Road
to Yamato Road to a six lane facility (Project); and
B) a Budget Amendment of $68,320 in the Road
Impact Fee Fund – Zone 5 to recognize utility relocation reimbursement funding
from CATV-$4,970; AT&T-$45,170 and FPL Fibernet-$18,180 and appropriate it
to Lyons Road from Glades Road to Yamato Road.
SUMMARY: Approval of this Contract will allow Palm
Beach County to issue a Notice to Proceed to begin construction of the
Project. The Small Business Enterprise
(SBE) goal for the Project is 15% overall.
The SBE participation committed to for the Project by American Engineering
& Development Corp. is 15%. The time
limit for the completion of all work under this contract shall be no more than
365 calendar days. District 5
(MRE)
7. DELETED
8. DELETED
9. Staff recommends
motion to approve: the renewal
of the Intersection Improvement Annual Agreement with Arcadis U.S., Inc. The original Agreement was dated March 11,
2008 (R2008-0305). SUMMARY:
Approval of this Renewal Agreement will extend for one (1) year, required
professional services on a task order basis.
Countywide (PK)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to approve: three (3) County deeds conveying a drainage
easement, a drainage/flowage easement and temporary construction easement
(Easements) to the State of Florida, Department of Transportation (FDOT). SUMMARY: Approval of this action will
approve the conveyance of three (3) easements over property owned by the Palm Beach
County Health Care District (Health Care District) to the FDOT. The easements
were conveyed to Palm Beach County by the Health Care District to satisfy a
zoning condition, R2007-1030 for the construction of the Glades Regional
Hospital and related improvements. District 6 (PK)
11. Staff recommends motion to approve: a Budget Transfer of $6,000 in the Transportation Improvement Fund from Reserve for District 5 to Judge Winikoff Road Name Change – District 5. SUMMARY: Approval of the Budget Transfer will provide funds to have our Traffic Division manufacture and install replacement signs for the renaming of Oriole Country Road to Judge Winikoff Road. District 5 (MRE)
12. Staff recommends motion to approve: a Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $856,753.82 for the construction of Stacy Street improvements, Project No. 2008904 (Project). SUMMARY: The Project consists of reconstructing approximately 2100 linear feet of the existing Stacy Street along with the addition of a right-hand turn lane, north approach, on Haverhill Road. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the project by the Contractor is 15.36% overall. District 2 (MRE)
13. Staff recommends motion
to approve: the renewal of the
Civil Engineering Annual Agreements with Keshavarz & Associates, Inc.,
whose original Agreement was dated April 10, 2007 (R2007-0460), and Last
Devenport, Inc., whose original Agreement was dated April 10, 2007 (R2007-0461).
SUMMARY: Approval of these renewal agreements will extend for one (1) year,
required professional services on a task order basis. Countywide (PK)
14. Staff recommends
motion to approve: the renewal
of the Municipal Service Taxing Unit Districts “A through E” Services Annual
Agreement with Civil Design, Inc. The
original Agreement was dated April 10, 2007 (R2007-0462). SUMMARY: Approval of this Renewal Agreement will extend
for one (1) year, required professional services on a task order basis. Countywide (PK)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Payment of Invoice No. 3 in the amount of $360.73 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 December 1-31, 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. On January 13, 2009, the Board of County Commissioners approved payment of Invoice No. 2 in the amount of $1,250.27. Approval of this item will bring the total to date to $2,299.96. This item requests approval of the Nabors, Giblin & Nickerson invoice, which is the third invoice for professional services rendered. Subsequent invoices will be submitted for approval as they are received. Countywide (DMN)
2. Staff recommends motion to approve: an Engagement Letter for Auditor Services (the “Engagement Letter”) to be performed for the Housing Finance Authority of Palm Beach County, Florida (the “Authority”) by Caler, Donten, Levine, Porter & Veil, P.A. (the “Auditor”), which provides that the Auditor will perform an audit of the Authority’s basic financial statements for the year ending September 30, 2008 and will audit each of the Authority’s single family mortgage revenues bond issues and multifamily mortgage revenue bond issues outstanding during the year ended September 30, 2008. The Engagement Letter also establishes the fee arrangement between the parties with respect to such services. The approval of the Engagement Letter is required by Ordinance 2002-22 (the “Ordinance”). SUMMARY: The Authority has retained the Auditor to perform general auditing services in connection with its basic financial statements and bond issues. Compensation to the Auditor under the Engagement Letter will be in excess of $10,000. The Engagement Letter has been reviewed and approved by the Authority and its general counsel. Pursuant to the Ordinance “all contracts of the Authority for the purchase of goods and services in excess of $10,000 shall be submitted to and approved, in each instance, by the Board of County Commissioners. . . .” Countywide (PFK)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends
motion to approve:
A) Settlement
Agreement authorizing the payment of $5,000 and return of $202,000 deposit, in
exchange for dismissal of pending lawsuit in the case of Centennial Real
Estate Investors L.L.C-1 v. Palm Beach County et. al., Case No.
50-2006CA 010604XXXXMB, and a release
signed by Plaintiffs; and
B) execution of a release by Palm Beach County.
SUMMARY: In 2005, the County issued a request for proposals (RFP) for the potential sale and purchase of an approximately nine (9) acre parcel formerly used by the Water Utilities Department commonly known as the Pike Utility property. Centennial submitted a proposal to purchase the property for $2,020,000, less the cost of environmental remediation. PREM was unable to recommend acceptance of Centennial’s proposal, because of the un-quantified contingency regarding remediation. Centennial filed a lawsuit, seeking a writ of mandamus and injunctive relief that the County and PREM Director Ross Hering be ordered to award the purchase contract to Centennial as highest bidder. The County has negotiated with Centennial, and recommends that the settlement agreement which provides for dismissal with prejudice of the lawsuit in exchange for a return of the $202,000 deposit and a one-time payment of $5,000 as well as the execution of mutual releases. District 6 (ATP)
4. Staff recommends motion to approve: Amendment No. 3 to the Agreement (R2008-1852) with the law firm of Greenberg Traurig, P.A., to provide bond counsel and related legal services for the not to exceed $62 Million Public Improvement Revenue Bonds, Series 2009 (Water & Sewer Revenue Bonds Project) (the “Bonds”). SUMMARY: The law firm was selected as bond counsel for the Bonds by the Board at the October 21, 2008 meeting. This Amendment No. 3 amends the existing Agreement for bond counsel and related services between the County and the law firm to provide for a bond counsel fee of $1.30 per bond, on a non-graduated basis. Countywide (PFK)
5. Staff recommends motion to receive and file:
the official transcript for the
closing of the $75,000,000 Revenue and Refunding Revenue bonds (Pine Crest
Preparatory School, Inc. Project) Series 2008, as authorized by Resolution R2008-1240
adopted on July 8, 2008. SUMMARY:
The closing occurred August
1, 2008. The official transcript for this transaction has been provided. This
transcript should now be received and filed in the Minutes Department. District 4 (PFK)
E. COMMUNITY SERVICES
1. Staff recommends motion to approve: Budget Amendment of $4,503,903 in the Low Income Home Energy Assistance Program (LIHEAP) Fund. Summary: LIHEAP funding of $4,503,903 will enable PBC Community Services Department to provide utility assistance and prevent utility disconnection for approximately 10,950 low-income households in Palm Beach County. The FY 2009-2010 contract, signed by the State on January 5, 2009, represents a significant increase (380%) in federal funding for LIHEAP between FY 2008 and FY 2009. This Budget Amendment incorporates the new funding into the County’s budget. (Community Action Program) Countywide (TKF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: Amendment No. 003 to Consulting/Professional
Services Contract with Caregiver Services, Inc., d/b/a Friends Assisting
Seniors & Families (R2007-0931), for the period of April 1, 2008, through
April 30, 2009, increasing the contract amount by $62,150, for a total
not-to-exceed amount of $124,300. Summary:
This Amendment increases the contract
amount and allows the Division of Senior Services (DOSS) to provide additional
Licensed Practical Nurse (LPN) and Home Health Aide (HHA) on call services on
an as-needed basis at the Mid-County Adult Day Care and the North County Adult
Day Care. These services are needed to meet
the Area Agency on Aging (AAA) and the Florida Department of Elder Affairs
(DOEA) guidelines. Funding consists of $55,935
(90%) in Federal and State funds and $6,215 in County matching funds. All funds are in the County budget. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
3. Staff recommends
motion to approve: Contract with Governor’s Council for Community
Health Partnerships for the period of March 1, 2009, through September 30,
2009, in an amount not to exceed $513,000, for Summer Camp Scholarships. Summary: The
Summer Camp Scholarship Program pays full tuition and associated fees for
eligible children to attend day camp during the summer months. Palm Beach County Board of County
Commissioners allocates $513,000 to fund summer camp scholarships for eligible
children. Governor’s Council for
Community Health Partnerships (GCCHP) receives these funds, matched by
$513,000 from Children Services Council in addition to other grants and
donations. Combined, these funds result in the ability to provide 2,200
scholarships to Palm Beach County children to attend over 100 camps. GCCHP
processes payments to the specific Summer Camp providers based on invoices from
PBC Division of Human Services. GCCHP
maintains financial records & reports of payments and receipts for Summer
Camp funding. GCCHP does not charge fees or indirect costs for these services.
(Human Services) Countywide (TKF)
4. Staff recommends
motion to approve: Amendment No. 001 to Standard Agreement No.
IR008-9500 (R2008-1437) for the Respite for Elders Living in Everyday Families
(RELIEF) Program with the Area Agency on Aging (AAA) of Palm Beach/Treasure
Coast, Inc. for the period July 1, 2008, through June 30, 2009, increasing the
agreement amount by $50,608.63 for a new total not-to-exceed the amount of
$101,217.25. Summary: This Amendment will increase the
RELIEF/In-Home Respite Program by $50,608.63, and provide for 6,981 additional
units at a unit rate of $7.25. (DOSS) Countywide (TKF)
5. Staff recommends motion to approve:
Supplemental funding request to Office of Head Start, for the period
October 28, 2008, through October 31, 2008, in an amount of $2,500, for cost
incurred for staff attendance at the Dual Language Institute. Summary: On September 23, 2008, the Office of Head Start issued Information
Memorandum ACF-IM-HS-08-17 offering funding support of $2,500 towards expenses
related to attending the conference the Dual language Institute held October 2,
2008, through October 31, 2008. Four (4) staff attended the conference at a
total cost of $5,462.81. This supplemental application requests $2,500 towards
the actual costs for attending the Institute. No County funds are required.
(Head Start) Countywide (TKF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve: Third
Party Sponsored Billing Contract with Palm Beach Community College (PBCC), for
the period of January 1, 2009, through August 31, 2010, in an amount of $77,716,
for services towards the furtherance of teacher education. SUMMARY: Palm
Beach County Head Start received a competitive Training and Technical
Assistance Grant from the Department of Health and Human Services towards the
furtherance of teacher education. This grant targeted Head Start teaching staff
apprehensive about the college experience and thus a special program was
developed by PBCC and Head Start to help them overcome their fears and give
them the confidence to enroll in a degree-seeking program. A Third Party Sponsored Billing Contract with
PBCC is required for effective implementation. PBCC will bill Head Start at a
flat rate of $235 per course/student. To
ensure effectiveness, classes will be taught in a cluster format and Head Start
will pay for all costs associated with courses to include tuition, applications
and fees and books. The funds to support this project is included in the Carry
Over Balance application approved by the BCC on February 3, 2009 (R2009-0197)
and submitted to the Region IV Office of Head Start, which has indicated it
will be approved. The required 20% match is included in this year’s budget. (Head
Start) Countywide (TKF)
7. Staff recommends
motion to approve:
Minority AIDS Initiative (MAI) continuation grant, with the Department of
Health and Human Services Health Resources and Services Administration (HRSA),
for the period August 1, 2009, through July 31, 2010, in the amount of
$565,076. SUMMARY: The 2009 MAI grant will provide enhanced and
increased core medical services to targeted areas throughout Palm Beach County.
Funding is provided by HRSA and no County funds are required. (Ryan
White) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve: Option Contract for Ground Lease (Option Contract)
with A.E.C.O.A., Inc. (AECOA), for the option to lease approximately 7283
square feet of ground area at the Palm Beach County Park Airport (Lantana
Airport) in consideration of AECOA’s agreement to construct four (4) aircraft
storage hangars. SUMMARY:
The County and Florida Airmotive, Inc. entered into a Lease Agreement dated May
13, 1986 (R86-712) (FAM Lease) for fixed base operator services at the Lantana
Airport, which will expire March 31, 2014. AECOA has proposed
constructing four aircraft storage hangars on the Lantana Airport. AECOA has
leased the property necessary to construct the hangars from Florida Airmotive;
however, AECOA has also requested the option to continue to lease the property
from the County upon the expiration of the FAM Lease. The Option Contract
provides AECOA with the option to lease the property from the County directly
upon the expiration of the FAM Lease provided that AECOA satisfies the terms
and conditions of the Option Contract, which include completion of construction
of the hangars. The Option Contract establishes the form of the ground lease
agreement (AECOA Lease) for the lease of the property to AECOA. If AECOA
exercises its option to lease, the AECOA Lease will expire on March 31, 2029
and AECOA would have one (1) – five (5) year option to renew. Rental for
the AECOA Lease will be determined by appraisal prior to the effective date of
the AECOA Lease. Countywide (JMB)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: Advertising Concession Agreement (Agreement) with
In-Ter-Space Services, Inc., d/b/a Clear Channel Interspace Airports (CCIA),
commencing on April 1, 2009 for an initial five (5) year term, with an initial
minimum annual guarantee of $350,000. SUMMARY: On September 3,
2008, the Department of Airports issued Request for Proposals PB-08-10 (RFP)
for the advertising concession at the Palm Beach International Airport (PBIA).
Three (3) proposals were submitted in response to the RFP. After
reviewing the proposals and hearing oral presentations by the respondents, the
selection committee unanimously recommended awarding the advertising concession
agreement to CCIA. The Agreement provides for payment of an initial minimum
annual guarantee (MAG) of $350,000 or a percentage fee equal to the sum of 60%
of annual gross revenues for static advertising displays and 50% of annual
gross revenues for technology advertising displays, whichever is greater. The
MAG adjusts annually based on the greater of the preceding year’s MAG or 90% of
the preceding year’s percentage fee. CCIA is required to invest a minimum of
$662,000 to update the advertising displays at PBIA during the initial
term. The Agreement provides for a five (5) year renewal term at the
County’s option, subject to an additional capital investment of $150,000.
The Agreement also establishes advertising guidelines prohibiting the display
of certain types of advertisements to encourage high quality advertising at
PBIA. Prohibited advertisements include advertisements promoting alcohol,
tobacco and adult entertainment establishments. There are advertising contracts
for advertisements that are inconsistent with the new advertising guidelines,
which pre-date the new Agreement. The advertising contracts are scheduled to
expire near the end of 2009 and may not be renewed by CCIA pursuant to the
Agreement. The advertising guidelines may be updated from time to time by the
Department. Countywide (JMB)
3. DELETED
4. Staff recommends
motion to approve: Third
Amendment to Lease Agreement with Galaxy Aviation of Palm Beach, Inc.
(Amendment), providing for the lease of approximately 72,699 square feet of
additional unimproved ground for an initial annual rental of $47,254.35. SUMMARY: Galaxy Aviation
of Palm Beach, Inc. (Galaxy) provides fixed-based operator services for general
aviation aircraft at the Palm Beach International Airport (PBIA), pursuant to a
Lease Agreement dated October 18, 2000 (R-2000-1067). Galaxy recently
constructed two (2) additional hangars on PBIA and has requested the lease of
additional property for the construction of additional aircraft parking apron
and a paved access road to the public airfield facilities. The term
of the lease of additional property will commence on March 1, 2009 and end on February
28, 2010. This Amendment provides for automatic renewal for two (2) additional
terms of one (1) year each. Countywide (JMB)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends motion to approve:
A) Amendment No. 5 to the General Consulting Agreement with The LPA Group, Incorporated for consulting/professional services in the amount of $1,210,978 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program; and
B) Budget Transfer of $1,019,458 in the Airports Improvement and Development Fund for consulting/professional services, including a transfer from Reserves.
SUMMARY: The Consulting Agreement (R2006-2418) with The LPA Group, Incorporated for general airport planning and design was approved on November 21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital Improvement Programs for the County’s Airports. The agreement is for two (2) years with two (2) - one (1) year renewal options. Amendments 1-4 were approved for a net increase in the amount of $3,956,731.50. Amendment No. 4 approved by the BCC on October 21, 2008 (R2008-1847) exercised the first one (1) year renewal option. Approval of Amendment No. 5 in the amount of $1,210,978 will provide funds to complete the following tasks and services: Task I Services – Palm Beach International Airport (PBIA) – Air Cargo Ramp expansion; North Palm Beach County General Aviation Airport (F45) – Hangars E & F construction services; PBIA Apron A & utilities construction services; PBIA – Federal Inspection Services (FIS) expansion; Palm Beach County Park Airport (LNA) – West Access Road additional utility design; PBIA – Airport Lighting Control and Monitoring System, F45–Entrance Road; PBIA – Main Terminal water intrusion; PBIA – Apron A design additional services; and PBIA – Taxiway L extension scope modification; Task III Services – staff extension and miscellaneous planning, engineering and construction services. Certain tasks performed during the term of this Amendment may be eligible for State and Federal grant participation. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 27.97%. The total DBE contract goal including all amendments is 19.76%. Countywide (JCM)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends motion to receive and file: eight (8) original Agreements for the Department of Airports.
A) Agreement to Terminate Hangar Lease Agreement with
Coastal Equipment, Inc., Unit 5, Building 11750 at North County Airport,
terminating R2008-0805 on November 15, 2008 (JB);
B) North County General Aviation Airport Hangar Lease
Agreement with Michael Jennette, Unit 5, Building 11220, for one (1) year,
automatically renewed at one (1) year intervals, commencing on January 23, 2009
(JB);
C) North County General Aviation Airport Hangar Lease
Agreement with James M. Roswell, Unit 1, Building 11240, for one (1) year,
automatically renewed at one (1) year intervals, commencing on January 10, 2009
(JB);
D) License Agreement
with Jet Aviation Associates Ltd. to use Airport Property exclusively for
temporary parking of operable vehicles, commencing January 22, 2009 at 5:00
a.m., expiring January 22, 2009 at 11:59 p.m. (JB);
E) License Agreement with The Lightship Group to use
property at Palm Beach County Park Airport exclusively for mooring one (1)
blimp airship and parking not more than three (3) Airport-approved trailers and
associated tow vehicles to support the Registered Aircraft operations,
commencing January 7, 2009, expiring December 31, 2009 (JB);
F) License Agreement with Vanguard Car Rental USA, Inc. to
use Airport Property exclusively for parking of vehicles, commencing December
1, 2008, expiring May 15, 2009 (JB);
G) First Amendment to Memorandum of Understanding for Lease
of Property (R2008-0961) with Palm Beach County Facilities Development and
Operations Department (FD&O) to release FD&O from obligation to provide
maintenance and security of a portion of the property known as “Building 504” (JB);
and
H) Federal Aviation
Administration Agreement for Transfer of Entitlements from North Palm Beach
County General Aviation Airport to Palm Beach County Park Airport (AH).
SUMMARY: Delegation of authority for execution of the standard County agreements
above was approved by the BCC in R2004-1367, R2006-2086, R2007-2070 and
R2008-1845. Countywide
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve: an Agreement with 1950 Congress Avenue, LLC, WR 1 LLC, WR 2 LLC, South Florida Devco, Inc. (hereinafter Boynton Town Center Developers) for Special Allocation of Road Impact Fee Credits in accordance with Article 13.A.11.A.10, of the Unified Land Development Code. SUMMARY: Special allocations of credits require the approval of the Board of County Commissioners. Boynton Town Center Developers’ road impact fee credits totaled $7,690,426.50 as of December 17, 2008. Boynton Town Center Developers has petitioned the County to approve a special allocation of those credits. The credits will be used for parcels assigned and granted the rights to the credits by Boynton Town Center Developers. Boynton Town Center Developers has provided the required notice to owners of undeveloped land within the affected parcels. No objections to the allocation of credits have been received by the County. Boynton Town Center Developers has also provided for the indemnification of the County as required by Article 13.A.11.A.10. District 3 (LB)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve: the recording of the FY 2008 retirements of
tangible personal property (equipment, vehicles, and publications) in the
official minutes of the Board of County Commissioners’ meeting as prescribed by
Florida Statutes, Chapter 274. SUMMARY:
Florida Statutes, Chapter
274 and the Palm Beach County “Surplus Property Ordinance” require the
recording of the disposal (retirement) of tangible personal property from the
official records of Palm Beach County at historical value. Disposal, retirement, and reconciliation
adjustments total $38,165,853.35, which includes 313 items unaccounted for but
not disposed of in fiscal year 2008, in the amount of $844,895.60 (depreciated
value of $80,761.97). Approval of this agenda item allows for Palm Beach County
to meet required legal obligations. Countywide (PK)
3. Staff recommends motion to approve: Amendment No. 2 to the Contract for external auditing services with McGladrey & Pullen, LLP (R2006-1183), exercising the renewal option for two (2) years, which extends the Contract to April 30, 2011 in an amount not to exceed $741,000 for the first year and $778,000 for the second year. SUMMARY: On June 20, 2006 (R2006-1183), the Board entered into a Contract with McGladrey & Pullen, LLP to provide audit services to Palm Beach County, as well as the Constitutional Officers of the County. The Contract was for a three (3) year period ending with the 2008 audit plus options for four (4) additional years. All work performed under the initial term of the Contract was performed in a satisfactory manner and staff is recommending the Board extend the Contract period two (2) years. McGladrey & Pullen, LLP has committed to an SBE participation level of 25% for the term of the Contract extension, the same as achieved in the initial term. McGladrey & Pullen met their goal during the original Contract period with 25% participation. The cost of the extension will be $741,000 for FY 2009 and $778,000 for FY 2010. This represents a decrease of 2 ½% from the current audit fee in the first year. Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (R2005-0099) with the Health Care District (District) of Palm Beach County. SUMMARY: The Agreement which provides the terms and conditions under which the County provides comprehensive fleet and fuel management services to the District will expire on July 8, 2009. The Agreement provides for one (1) - five (5) year renewal but renewals require approval by both parties. The District has approved a renewal to extend the term of the Agreement through July 7, 2014. The renewal now requires Board approval. The County does not require any additional staffing and/or equipment to extend this Agreement, and as such, this Agreement will result in increased revenues to Fleet Management. (FD&O Admin) Countywide (JM)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends motion to approve: Amendment No. 1 to the Contract with Catalfumo Construction Ltd. (R2007-1217) in the amount of $9,391,656.50 for construction management services for the Operations & Support Center (OSC) Warehouse and Storage Buildings. SUMMARY: Amendment No. 1 will provide for a Guaranteed Maximum Price (GMP) for the construction of the Warehouse Building and Storage Building, the final industrial use building to be relocated from Belvedere Road to the Operations & Support Center; and completing the implementation of the County’s long term master plan for industrial facilities. The relocating will significantly increase the day to day operating efficiency of these users as well as the other departments already relocated to OSC. In addition, the Exchange Agreement between Department of Airports and Facilities Development & Operations requires the current buildings to be vacated or begin paying rent – so delay is not financially effective. Project funding is from the Public Building Bond Fund. The SBE goal for this project is 15%. Catalfumo Construction will be providing 20.3% SBE participation in this Amendment. The duration of this work is 325 calendar days. (Capital Improvements Division) Countywide (JM)
3. Staff recommends motion to approve: Consultant Services Authorization No. 2 to Architectural Continuing Services Contract with MPA Architects, Inc. (R2007-0394) in the amount of $199,811 for architectural, engineering and construction administration services for Fire Station No. 31 replacement. SUMMARY: The project involves architectural, engineering, landscape and irrigation design, and construction administration services for the replacement of the existing fire station on Lake Worth Road. The estimated construction cost is $2,000,000. Design of this project is being funded from ad valorem taxes through the Fire Rescue MSTU. The SBE participation for this work is 69%. When added to the Consultant’s participation to date, the resulting SBE participation is 76%. The consultant’s goal is 80%. The goal was not reached as 10% of the work is for a Leadership in Energy and Environmental Design (LEED) certified subconsultant who was not a part of the consultant’s original team at the time of selection. (Capital Improvements Division) District 3 (JM)
4. Staff recommends motion to approve: Amendment No. 1 to the annual Contract (R2007-0392) with Colome & Associates, Inc., for architectural services on a continuing contract basis. SUMMARY: Colome & Associates, Inc. was selected to provide architectural services for capital improvement projects generally with a construction value less than $3,000,000. The Board approved an annual Contract on March 23, 2007. The original Contract provided for an initial two (2) year term with two (2) – one (1) year renewal options. Amendment No. 1 would provide for services during the first renewal period. Colome & Associates, Inc. has an SBE/M/WBE participation goal of 70%. During the first year of the Contract, Colome & Associates, Inc. has achieved 74% participation. (Capital Improvements Division) Countywide (JM)
5. Staff recommends motion to approve: Amendment No. 1 to the annual Contract (R2007-0393) with Saltz Michelson Architects, Inc., for architectural services on a continuing contract basis. SUMMARY: Saltz Michelson Architects, Inc. was selected to provide architectural services for capital improvement projects generally with a construction value less than $3,000,000. The Board approved an annual Contract on March 23, 2007. The original Contract provided for an initial two (2) year term with two (2) – one (1) year renewal options. Amendment No. 1 would provide for services during the first renewal period. Saltz Michelson Architects, Inc. has an SBE/M/WBE participation goal of 23%. During the first year of the Contract, Saltz Michelson Architects, Inc. has achieved 27% participation. (Capital Improvements Division) Countywide (JM)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends motion to approve: Amendment No. 1 to the annual Contract (R2007-0394) with MPA Architects, Inc., for architectural services on a continuing contract basis. SUMMARY: MPA Architects, Inc. was selected to provide architectural services for capital improvement projects generally with a construction value less than $3,000,000. The Board approved an annual Contract on March 13, 2007. The original Contract provided for an initial two (2) year term with two (2) – one (1) year renewal options. Amendment No. 1 would provide for services during the first renewal period. MPA Architects, Inc. has an SBE/M/WBE participation goal of 80%. During the first year of the Contract, MPA Architects, Inc. has achieved 73.1% participation. (Capital Improvements Division) Countywide (JM)
7. Staff recommends
motion to approve: Contract with
Lucas Marine Construction, LLC, in the amount of $7,010,000 for the
construction of the South Lake Worth Inlet projects. SUMMARY: This Contract will provide for the
renewal/replacement of the sand transfer plant, the north and south jetties,
and the Bird Island seawall at the South Lake Worth Inlet. Each of the three (3) elements of the
project: 1) the transfer plant, 2) north
and south jetties, and 3) the Bird Island seawall — exist in a physically harsh
and corrosive environment, are in bad condition and require replacement. The original sand transfer plant was built in
1937 and rebuilt in 1967. The transfer
plant dredges sand that accumulates against the north jetty and pumps it to the
beach south of the inlet. It is structurally
unsound and mechanically inefficient. The jetty concrete pilings and the seawall
sheet pilings are beginning to fail.
Project funding includes a combination of a Florida Department of
Environmental Protection grant, ad valorem, and South Lake Worth Inlet District
funds. The SBE goal for this project is 15%. Lucas Marine bid includes
participation of 22.29%. The Contract
time is 731 calendar days to substantial completion. (Capital Improvements Division) District 5 (JM)
8. Staff recommends
motion to approve:
A) Amendment No. 6 to the Contract with Moss & Associates, LLC. (R2007-0031) for Construction Management Services for the expansion to the existing jail at the West County Detention Facility for a Guaranteed Maximum Price (GMP) in the amount of $70,431,312; and
B) Insurance premium provided under the Palm Beach County’s Master Builder’s Risk Program in an estimated not-to-exceed amount of $650,000.
SUMMARY: On April 25, 2006, the Board approved proceeding with Jail Expansion Program II consisting of the expansion of the West County Detention Facility, the Stockade and renovations to the Main Detention Center. Previous Amendments (1-5) provided for early site work and out building construction. Amendment No. 6 will provide an 867 bed new expansion to the existing West County Detention Facility. Amendment No. 6 is funded from the Criminal Justice and Public Improvement Revenue Bond series 2008. The authorization to obtain Builder’s Risk through Palm Beach County’s Master Builder’s Risk Program will insure the project for any construction loss. The SBE participation goal for this project is 15%. Moss & Associates will be providing 15.02% SBE participation in this Amendment. Overall project SBE participation is 16.4%. The duration of this work is 489 calendar days. (Capital Improvements Division) Countywide (JM)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
9. Staff recommends motion to approve: Change Order No. 85 to the Contract with The Weitz Company (R2002-1868) in the amount of $194,371.02 for the South County Courthouse. Change Order No. 85 provides labor and material for changes to and additional card readers, duress buttons, electronic door hardware, cameras and access control equipment. Also included is additional drywall, door assemblies, door and frame repair, needed to accommodate the access control system. Work identified in this Change Order is for renovation work in the existing courthouse which was separately funded as part of the public building renewal/replacement fund. Incorporation of the work into the project also corrects work omitted from the original design. Staff is recommending that the work be completed as part of the ongoing project to ensure proper coordination between contractors working in the building and completion of all required work prior to re-occupancy of the space. The M/WBE goal is 15% overall with 5% Black participation. This Change Order includes 0% overall and 0% Black participation. When combined with previous work done under this Contract, the M/WBE percentages are 18.3% overall and 1.0% Black. (Capital Improvements Division) District 7/Countywide (JM)
10. Staff recommends
motion to approve: Amendment
Number Two to Lease Agreement (R2002-0957) with the Milagro Foundation, Inc.
for the County’s continued use of a 2,100+/- sq. ft. child care building
and surrounding land for the Delray Beach Early Head Start Program at an annual rate of $38,400. SUMMARY: Since 2002, the County, on behalf of the
Community Services Department Head Start Division, has leased this building and
surrounding land located at 346 Southwest 6th Avenue in Delray
Beach. The current term of the Lease
expires April 30, 2009. This Amendment: i)
extends the term of the Lease for one (1) year from May 1, 2009, through April
30, 2010, and provides one (1) option to renew for one (1) year; ii) increases
the annual rent rate by $1,200, from $37,200 to $38,400, which would increase
by three percent (3%) upon commencement of the renewal option; and iii) updates
Section 15.18, Disclosure of Beneficial Interests. The County will continue to
pay for separately metered utilities and has the right to terminate the Lease
upon ninety (90) days prior written notice to Landlord. All other terms of the Lease remain in full
force and effect. The Early Head Start
Program will ultimately be relocated to the new Head Start facility within
Delray Beach’s Catherine Strong Park planned for construction in FY2012. (PREM)
District 7 (HJF)
11. Staff recommends
motion to approve: a Declaration
of Easement in favor of Palm Beach County Water Utilities Department for water
lines servicing the County's new Fire Rescue Station No. 56 located on Southwest
18th Street in Boca Raton. SUMMARY: The County is developing Fire Rescue
Station No. 56 on 1.8 acres of County owned property located on Southwest 18th
Street, west of Military Trail and east of Powerline Road in Boca Raton. As part of the development of the Fire
Station, the County installed water lines, a meter and a fire hydrant along the
north property line in an area 25.35’ long by 14' wide, containing 355 square
feet (.01 acre). The Water Utilities
Department requires an easement for the improvements. The Declaration will be
recorded to provide notice of the existence and location of the water lines and
appurtenant facilities. (PREM) District 4 (HJF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: a Declaration
of Easement for a traffic signal at the entrance to the Water Utilities
Department’s (WUD) System 3 Water Treatment Plant west of Delray Beach. SUMMARY:
The Palm Beach County Traffic Division requires an easement at the
entrance to the System 3 Water Treatment Plant for installation of traffic
signal mast arms and related equipment.
This Plant is located at 13026 South Jog Road, west of Delray Beach,
north of Lake Ida Road and south of Flavor Pict Road. The easement areas are located near the west
property boundary along South Jog Road.
One (1) easement area is approximately 90’ long by 10’ wide and the
other easement area is approximately 15’ long by 10’ wide, and totals 1,050
square feet (0.02 acres). The Declaration of Easement will be recorded to
provide public notice of the existence and location of the traffic signal
improvements on County property. (PREM) District 5 (JMB)
13. Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (R2003-1612) with the City of Deerfield Beach (City) allowing for Interoperable communications through the Countywide common groups of the County’s 800MHz Radio System. SUMMARY: The Agreement which provides the terms and conditions under which the City can directly access the County’s 800 MHz Radio System expired on October 7, 2008. The Agreement provides for three (3) – five (5) year renewals but renewals require approve by both parties. The City has approved a renewal to extend the term of the Agreement until October 7, 2013 as originally contemplated. The renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies. The Agreement may be terminated by either party, with or without cause. (ESS) Countywide (JM)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2007-1324), with
the City of Delray Beach to extend the expiration date from December 31, 2008,
to May 31, 2009, for the expenditure of $252,500 in 2005 Disaster Recovery
Initiative Program funds. SUMMARY: This Amendment provides an
extension of five (5) months to the term of the existing Agreement for the
extension of Mango Drive and Southwest 7th Avenue in the City of Delray Beach.
The time extension is requested to make up for delays in the project design
while easements were being secured. These
are Federal funds that require no local match. District 7 (TKF)
2. Staff recommends motion to approve: an Agreement with the Town of Lake Park for the installation of fencing at the 6th Street ballfields for $60,151, in Community Development Block Grant (CDBG) funds for the period of February 24, 2009, through September 30, 2009. SUMMARY: The installation of fencing will provide a safer environment for recreational activities at the 6th Street ballfields in Lake Park. The site includes basketball courts, baseball fields and a children’s playground. These are Federal CDBG funds that require no local match. District 1 (TKF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to approve: an Agreement with the City of Lake Worth for the construction of sidewalks, in the amount of $79,646 in Community Development Block Grant (CDBG) funds, for the period of February 24, 2009, through December 31, 2009. SUMMARY: This Agreement will make funding available for the construction of approximately 1600 linear feet of new sidewalks. These sidewalks will be constructed to fill sidewalk gaps along 2nd, 3rd, 4th, 5th, 6th and 7th Avenues North, in the City of Lake Worth, between I-95 and the FEC Railroad. The work will take place north of Lucerne Avenue and south of 10th Avenue North. These are Federal CDBG funds that require no local match. District 7 (TKF)
4. Staff recommends
motion to:
A) receive and file an Agreement with We Help Community Development Corporation for the period of May 1, 2008, to January 31, 2009, to provide funding under the 2005 Disaster Recovery Initiative (DRI) Program for the implementation of a housing rehabilitation program; and
B) approve Amendment No. 001 to an Agreement with We Help Community Development Corporation to extend the expiration date from January 31, 2009, to August 15, 2009, for the expenditure of $668,500, in Community Development Block Grant (CDBG) funds.
SUMMARY: On February 16, 2007, Palm Beach County entered into an Agreement with the Florida Department of Community Affairs (DCA) to receive up to $19,035,920, for various projects to be funded under the 2005 DRI Program. The Agreement with We Help Community Development Corporation provided herein is funded under this Agreement with DCA. The County Administrator executed this Agreement under the authority provided by the Palm Beach County Board of County Commissioners on July 18, 2006, via Resolution No. R2006-1351. The Amendment provides an extension of six and a half (6½) months to the term of the existing Agreement for the implementation of a housing rehabilitation program. These are Federal funds that require no local match. District 6 (TKF)
5. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2008-1483) with
the City of West Palm Beach for housing rehabilitation. SUMMARY: This Amendment provides an extension from
January 31, 2009, to August 15, 2009, for this existing Agreement for the
implementation of a housing rehabilitation program that is funded under the 2005
Disaster Recovery Initiative (DRI) Program. The Agreement allocates $3,045,361,
in DRI funds for this purpose. These
are Federal Community Development Block Grant funds that require no local
match. Districts 2 & 7 (TKF)
6. Staff recommends
motion to approve: Amendment No. 005 to an Agreement (R2006-0988) with
the City of Belle Glade for drainage improvements on Southwest 5th,
7th, 8th, 10th, and 12th Streets, and on Southwest Avenues I and J. SUMMARY: This Amendment will increase the amount
funded through the Agreement from $948,900, to $1,230,191, expand the scope of
the project to include improvements on Southwest 7th Street in the
City of Belle Glade, and extend the expiration date from November 30, 2008, to
February 14, 2009. Of the
$1,230,191, there is $1,086,338 allocated for construction costs, and $143,853
allocated for engineering costs. A two and one-half (2 ½) month extension to
the term of the existing Agreement is provided to enable the inclusion of work
on Southwest 7th Street into the project. These are Federal Community Development Block Grant funds that require
no local matching funds. District 6 (TKF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve: an Interlocal Agreement
with the East Central Regional Wastewater Treatment Facilities Operations
Board (ECRWTFOB)
for reimbursement of legal expenses incurred during the drafting and
negotiation of the Interlocal Agreement between the County, the ECRWTFOB, and
the City of West Palm Beach related to the Construction, Operation, and
Maintenance of Reclaimed Water Facilities (County-ECR-WPB Interlocal) (County
Resolution No. R2008-0907). SUMMARY: This
Interlocal Agreement is for the reimbursement of legal expenses in the amount
of $17,730 to the ECRWTFOB. The legal
expenses were incurred by the ECRWTFOB attorney Greenberg Traurig during the
drafting and negotiation of the County-ECR-WPB Interlocal in conjunction with
the Florida Power and Light (FPL) Reclaimed Water Project. During these
negotiations, County staff agreed to reimburse the ECRWTFOB for these expenses.
FPL will compensate the County through the Administrative fees collected for
the sales of reclaimed water under the Agreement with FPL. Countywide
(MJ)
2. Staff recommends
motion to receive and file: Closing documents relating to the
acquisition of the Beeline Community Development District’s (District) water
and wastewater utility system. SUMMARY: On February 15, 2005, the Board approved the acquisition of the District’s water and
wastewater utility system (R2005-0365). On October 21, 2008, the Board approved
the Third Amendment to the Palm Beach County/Beeline Community Development
District Water and Wastewater Utility Acquisition, Service and Service Area
Agreement, and authorized the BCC Chairperson to execute any and all documents
necessary to carry out the closing of the purchase (R2008-1905). On or before October 31, 2008, the Board’s
Chairperson, the District’s Chairperson and United Technology Corporation’s (UTC)
authorized agent executed the required documents. On December 16, 2008, the Board received and
filed certain closing documents (R2008-2321). The final closing document is now
available to be received and filed. District
1 (MJ)
3. Staff recommends
motion to approve: a Reclaimed Water Agreement with 6595, LLC. SUMMARY: Reclaimed water agreements are
required for those property owners seeking to obtain reclaimed water service
from the County in order to comply with the requirements of the Florida
Department of Environmental Protection and the Water Utilities Department. While the Department normally utilizes
standard Agreements that are executed at the Department level, non-standard Agreements
are sometimes required to handle special circumstances such as this where
reclaimed water is not presently available.
6595, LLC has agreed to pay the County $50,000 as a contribution toward
construction of the future off-site reclaimed water main. Within 120 days of
notification that reclaimed water is available within 300 feet of the property,
6595, LLC will be required to connect to the reclaimed system. Until that time,
6595, LLC will obtain necessary approvals to use non-reclaimed water for irrigation. District 5 (MJ)
4. Staff recommends
motion to approve: a partial release
of utility easement on land owned by 42 K, LLC. SUMMARY: This
document will release the County’s interest
in a portion of a utility easement recorded in the official records of Palm
Beach County in Book 19548, Page 1075.
During redevelopment of the Sedona Commons property, located at the
southwest corner of Okeechobee Boulevard and Benoist Farms Road, it was
determined that one (1) of the three (3) utility easements conveyed by ORB
19548 Page 1075 will no longer be needed.
The property owner now requests release of that portion of the original
easement. The Water Utilities Department concurs with this request and,
therefore, recommends the partial release. District 2 (MJ)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
5. Staff recommends
motion to receive and file: two (2) Standard Development Agreements
complete with executed documents received during the months of December 2008
and January 2009:
Standard Development Agreements
A) Florida Auto Auction of
Orlando, Inc. (District 6) 01-01215-000
B)
6595, LLC (District
5) 09-01059-000
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)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to adopt: a Resolution that repeals Resolution 94-1051, which created the Natural Areas Management Advisory Committee (NAMAC), repeals amending Resolutions 95-1455, 99-1188 and 2003-0713, and recreates NAMAC as presently constituted, except for deleting the duties, functions and membership of NAMAC relating to the Public Lands Grant Program (Program). SUMMARY: The Resolution removes obsolete provisions of Resolution 94-1051, as amended by Resolutions 95-1455, 99-1188, and 2003-0713, and consolidates all necessary provisions into one (1) Resolution. It also removes the requirement for and duties of the two (2) representatives appointed by the League of Cities (Seats 8 and 9), which are no longer needed due to the deletion of the Program from the Unified Land Development Code (ULDC); specifies that the representative of a local municipal government (Seat 4) should be from a parks and recreation program; changes the requirement for a member of the Conservation Land Acquisition Selection Committee (CLASC) or its successor (Seat 6) to a citizen position (since CLASC has sunsetted and no successor Land Acquisition Advisory Committee has been created); clarifies that the two citizen positions (Seats 6 and 7) should be filled by citizens having an interest in the preservation and conservation of natural areas; makes minor clarifications to the duties and functions of NAMAC, including qualification of their duty to review and comment on management plans in accordance with the requirements of the Palm Beach County Natural Areas Ordinance (No. 94-12); provides for staff assistance to NAMAC; and removes language pertaining to policies and procedures that is already contained in other countywide resolutions. All current members in Seats 1 through 7 are retained, with their term expiration dates unchanged. Countywide (SF)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve:
A) Contract with
J. W. Cheatham, LLC in the amount of $5,195,716 for the construction of the
Winding Waters Natural Area Wetland Creation Project No. 2008ERM07;
B) Budget Transfer
of $5,300,000 from Reserves in the Natural Areas Fund to Transfer to the
Environmental Resources Capital Fund; and
C) Budget Amendment of $5,300,000 in the Environmental Resources
Capital Fund to recognize a Transfer from the Natural Areas Fund.
SUMMARY: Eleven (11) bids
were received for the first phase of an environmental restoration project at Winding Waters Natural Area. J. W. Cheatham, LLC was the lowest
responsive, responsible bidder with a bid that exceeds the established 15%
Small Business Enterprise (SBE) goal with 17.4% participation. This project consists of excavation and hauling of approximately 1,700,000
cubic yards of material to create and restore 170 acres of wetlands within the
Winding Waters Natural Area. The Contract is funded entirely by non-ad valorem revenues earned in the
Natural Areas Fund. District 2 (JM)
3. Staff recommends
motion to approve:
A) Budget Transfer of $4,773,804 in the Unit 11 Stewardship Fund from Reserves to the Unit 11 Acquisition/Enhancement Fund; and
B) Budget Amendment of $4,773,804 in the Unit 11
Acquisition/Enhancement Fund to recognize the transfer from the Unit 11
Stewardship Fund.
SUMMARY: These actions will appropriate a portion of the budget for the payment of remaining settlements on parcels in Unit 11 that have been acquired by the County through eminent domain. The Unit 11 Acquisition/Enhancement Fund and Unit 11 Stewardship Fund originated from mitigation requirements imposed on various developments by the South Florida Water Management District, Florida Department of Environmental Protection and the U.S. Army Corps of Engineers. The $4,773,804 Transfer provides for the release of Reserves for Principle to be allocated to the Unit 11 Acquisition/Enhancement Fund. Included in the Amendment is a transfer of $260,000 from Reserves and the consolidation of various cost centers within the Fund into a single account. The expiration of two (2) Contracts (R2000-0095 dated January 11, 2000 and R2005-0125 dated January 11, 2005) with the South Florida Water Management District allows for unspent mitigation fees available after the completion of eminent domain actions to be used for the enhancement and ongoing management of lands within Unit 11. Any residual balances in the Unit 11 Stewardship Fund at the close of FY2009 will be transferred to the Unit 11 Acquisition/Enhancement Fund allowing for the closure of the Stewardship Fund.
The cost of acquiring Unit 11
parcels through the eminent domain process has exceeded expectations. It was originally thought that monies
collected and placed in the acquisition and enhancement funds would be
sufficient to cover all acquisition and enhancement/restoration costs. However, rapidly rising land values between
2000 and 2005 greatly increased the cost of the eminent domain acquisitions. As a result, principal within the Unit 11
Stewardship Fund, an account originally earmarked by the Board to generate
interest to help pay for the long-term management of the site, is now needed to
help pay for the acquisition of the land.
Approval of this Board agenda item will transfer principal from the Unit
11 Stewardship Fund to an account where it may be used to pay the remaining
acquisition costs. District 1 (JMB)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends motion to adopt: a Resolution in support of full funding of the Florida Forever Program for state fiscal year 2009-2010. SUMMARY: The Florida Forever Program, which was developed by the State of Florida as a successor program to the Preservation 2000 (P-2000) Program for the acquisition of environmentally sensitive lands, was reauthorized by the Florida Legislature in 2008 for an additional 10-year period, beginning in July 2010. Palm Beach County has received over $37 million in state matching funds through the Florida Forever Program and more than $43 million through the P-2000 Program to assist in its land acquisition efforts. Staff anticipates applying to the Florida Communities Trust (FCT) for more than $6 million in Florida Forever funds for the Hatcher/Jupiter-Indiantown Venture site in FCT’s 2009 funding cycle and applying to FCT and other agencies for additional Florida Forever funds in future years. Therefore, it is in the best interests of the County and its citizens for the County to support continued funding of the Florida Forever Program. Countywide (SF)
5. Staff recommends motion to approve: Task Order No. 0410-07 to a continuing Contract (R2008-0410) with Taylor Engineering, Inc. (Taylor) for an amount not-to-exceed $190,744 for completion of the Army Corps of Engineers (ACOE) required Reevaluation Report, Section 934 (Report) for the Jupiter/Carlin Shore Protection Project (Project). SUMMARY: The BCC approved the Contract with Taylor on March 11, 2008 (R2008-0410). Six (6) task orders totaling $796,102.34 have been issued under the Contract. Task Order No. 0410-07 retroactively authorizes Taylor to perform the Report which evaluates the economic feasibility of the Project. In order to secure the ACOE’s financial participation on the Project, the County must complete the Report. There is no (0%) SBE subconsultant participation on this Task Order. Taylor committed to an overall 15% Small Business and Minority Business (SBE-MBE) participation in the Contract. Taylor has achieved 5.8% cumulative SBE-MBE participation on the Contract including this Task Order. Initial funding for the Task Order is from a combination of tourist development taxes, ad valorem and interest earned in the Beach Improvement Fund. District 1 (JM)
6. Staff recommends motion to approve: Task Order No. 0410-08 to a continuing Contract (R2008-0410) with Taylor Engineering, Inc. (Taylor) in the amount of $196,985 for sea turtle monitoring services in association with the Singer Island Erosion Control Project, the Ocean Ridge Shoreline Protection Project, the South Lake Worth Inlet Maintenance Dredging Project, and the South Lake Worth Inlet Sand Transfer Plant Reconstruction Project. SUMMARY: The BCC approved the Contract with Taylor on March 11, 2008 (R2008-0410). Six (6) task orders totaling $796,102.34 have been issued under the Contract. Task Order No. 0410-08 authorizes Taylor to manage sea turtle monitoring along 2.75 miles of beach for the 2009 sea turtle nesting season. The Task Order is funded from a combination of tourist development taxes, interest, and ad valorem funds. There is 97.2% Small Business and Minority Business Enterprise (SBE-MBE) subconsultant participation on the Task Order. Taylor committed to an overall 15% SBE-MBE participation in the Contract. Taylor has achieved 21.0% cumulative SBE-MBE participation on the Contract including this Task Order. Districts 1 & 4 (JM)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Gold Coast Community
School of Choice in an amount not-to-exceed $5,000 for funding of the
Intergenerational Bonding Program and Soup Kitchen. Summary: This fully executed Request for Funding Form is for School Board RAP
allocations made in accordance with the Interlocal Agreement for the funding of
RAP Projects (R2003‑1747), as amended. Funding is from the Recreation
Assistance Program (RAP) District 2 Funds. District 2 (AH)
2. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Dr. Mary McLeod Bethune Elementary School
in an amount not-to-exceed $10,000 for the safety patrol trip to Washington,
D.C. Summary: This fully executed Request for
Funding Form is for a School Board RAP allocation made in accordance with the
Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as
amended. Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
3. Staff recommends
motion to approve: Agreement
with Palm Beach County Cultural Council, Inc. for the period February 24, 2009,
through December 30, 2009, in an amount not-to-exceed $40,000 for funding of
operating expenses and program costs. Summary: This
funding is to assist with operating expenses and program costs incurred by Palm
Beach County Cultural Council, Inc.
Cultural Councils’ guidance and grants to small and emerging
organizations, community cultural projects, children’s and multicultural programs
serve 44 grantees and thousands of program participants annually. 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 5 Funds. District 5 (AH)
4. Staff recommends
motion to approve:
A) a Budget Transfer of $50,000 in the
Transportation Improvement Fund from Reserve for District 2 to the County
Transportation Trust Fund;
B) a Budget Transfer of $50,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
C) a Budget Transfer of $50,000 in the General
Fund decreasing the annual transfer to the County Transportation Trust Fund and
increasing the annual transfer to the Park Improvement Fund; and
D) a Budget Amendment of $50,000 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 2 Recreation Assistance Program.
Summary: This funding in the amount of $50,000 is for
budget transfers and a budget amendment to increase the gas tax support and
decrease the ad valorem support of the County Transportation Trust Fund,
thereby allowing for the allocation of $50,000 from available ad valorem
support to the District 2 Recreation Assistance Program. At the November 21, 2006, Board meeting, the
flexibility of up to $200,000 in transfers per District per year was approved
for this purpose. This funding will be
used for District 2 recreational or cultural projects that the District 2
Commissioner desires to fund during FY 2009.
Individual Agreements for each RAP project will be brought to the Board
for approval. With the approval of this allocation, the remaining
balance available in transfers for District 2 for FY 2009 is $150,000.
District 2 (AH)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of December.
A) Aaron Banfield, Wheelchair
Rugby, Therapeutic Recreation Complex;
B) Bernard Crawford, Wheelchair
Rugby, Therapeutic Recreation Complex;
C) John Bishop, Wheelchair Rugby,
Therapeutic Recreation Complex;
D) Robert Lopez, Wheelchair Rugby,
Therapeutic Recreation Complex;
E) Donna Sebok, Wheelchair Rugby, Therapeutic
Recreation Complex;
F) Gordon Andrews, USA Head Swim
Coach, Lake Lytal Pool;
G) Susan Allshouse, Tennis Instructor, West Boynton
Park and Recreation Center; and
H) Susan Allshouse, Tennis Instructor, Caloosa
Park.
Summary:
In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. The Independent Contractor
Agreements have been fully executed on behalf of the Board of County Commissioners
(Board) by the County Administrator/Director/Assistant Director of the Parks
and Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 02-2103 and 07-0409, and are now being submitted to the Board to
receive and file. Districts 2 & 3 (AH)
6. Staff recommends
motion to approve: Budget Transfer of $50,000 within the $25M
GO Parks and Cultural Improvements Bond Fund - 2003 from New Boat Ramp
Park/Boynton Inlet to Lake Worth Bryant Park/Sunset Ridge Park. Summary:
This Budget Transfer provides funding to
the City of Lake Worth for the construction of a concession facility at Bryant
Park, as well as improvements at Sunset Ridge Park. On September 10, 2002, the Board approved a
proposed project list for the 2002 $50 Million Recreation and Cultural
Facilities Bond referendum, as amended, that included $1.8 million for a new
boat ramp park in the Boynton Inlet vicinity.
The cost of acquisition, design and development of this project is
estimated to be substantially higher and this project is no longer
feasible. The District 3 Commissioner
supports this transfer from the $50 Million Recreation and Cultural Facilities
Bond referendum. District 3 (PK)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
7. Staff recommends
motion to:
A) adopt Resolution authorizing the County Administrator or designee to execute standard
amphitheater rental agreements for the use of County amphitheaters; and
B) approve
the proposed amphitheaters rental fee schedule.
Summary: The Palm Beach County Parks and Recreation
Department (Department) established a standard amphitheater rental agreement to
allow individuals, promoters, groups and organizations to rent County
amphitheater facilities when the amphitheater would otherwise not be programmed
or booked by the County. Due to
anticipated frequency of amphitheater rentals, staff is recommending that the
Board of County Commissioners (BCC) approve a resolution which delegates
authority to the County Administrator or his/her designee to execute standard
amphitheater rental agreements. The proposed rental fee schedule creates a guaranteed
minimum rental fee or requires a percentage of net ticket sales with an
established maximum rental fee charge when the amphitheater is rented in
accordance with the standard amphitheater rental agreement. Countywide
(AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff
recommends motion to approve:
A) an
Interlocal Agreement in the amount of $49,000 with the Palm Beach County
Sheriffs Office (PBSO) as a partner to implement the law enforcement component
of the Youth Violence Prevention Project;
B) a Budget Transfer of $49,000 in the General
Fund; and
C) a Budget Amendment of $49,000 in the Sheriff’s
Grant Fund to establish budget for the project.
SUMMARY:
The Law Enforcement Planning Council,
representing the Law Enforcement component of the Youth Violence Prevention
Project (YVPP), has approved up to $49,000 for overtime to support the YVPP Gun
Show Initiative. This initiative is focused on stopping the illegal sales and
purchases of guns at gun shows which are a major source of firearms for
youthful offenders. Countywide (DW)
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file:
Standard Agreement with the following provider:
Peter Davis, DVM, d/b/a PETHAV’N, Inc. not to exceed $10,000 for the
period of October 1, 2008, through September 30, 2009. 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)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve:
Agreement with Lakes of Delray,
Inc. for provision of transportation service (via Palm Tran Routes 70 and 81)
to residents of Lakes of Delray at the per dwelling rate (1,408 units) of $4.51
per month for the period February 1, 2009, through January 31, 2010, and $4.62
per month for the period February 1, 2010, through January 31, 2011. Summary: Lakes of Delray, Inc. has contracted for bus
service for residents since the inception of the development of Lakes of
Delray. The Agreement rate of $4.51 per
dwelling unit per month during the first year of the proposed agreement
represents a 2.5% increase over the contract for the prior year ending January
31, 2009 and the second year rate of $4.62 per dwelling unit per month
represents a 2.5% increase over the first year.
Payments of the per unit rates are in lieu of residents paying
individual fares into the fareboxes on Palm Tran Routes 70 and 81. The commencement date of this new agreement
is February 1, 2009, and the termination date is January 31, 2011. District 5 (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) receive and file Grant Adjustment Notice amending the National Institute of Justice “Solving Cold Cases with DNA Program” Grant to extend the ending grant period from September 30, 2008, through December 31, 2008; and
B) approve Budget Amendment of $16,362 in the Sheriff’s Grant Fund.
SUMMARY: The Board of County
Commissioners (BCC) accepted this grant for $374,761 on December 20, 2005; the
original period for this grant was October 1, 2005, through November 30, 2006
(R2005-2439). On December 5, 2006, the
BCC received and filed an agenda item extending the grant period from November
30, 2006, through May 31, 2007(R2006-2673). On April 10, 2007, the BCC received
and filed an agenda item extending the grant period from May 31, 2007, through
December 31, 2007 (R2007-0574). On December 4, 2007, the BCC received and filed
an agenda item extending the grant period from December 31, 2007, to
March 31, 2008 (R2007-2207). On September 9,
2008, the BCC received and filed an agenda item extending the grant period from
March 31, 2008, through September
30, 2008 (R2008-1553). This agenda item will extend the grant period from
September 30, 2008, through December 31, 2008. The National Institute of
Justice awarded these funds for the “Solving
Cold Cases with DNA Program”. The objective of this grant is to combine the
efforts of the Palm Beach County Sheriff’s Office (PBSO) Special Investigations
Bureau, Crimes Against Children/Sexual Assault Unit and the Violent Crimes
Bureau with the experience of the Serology/DNA Section of the Crime Laboratory
to solve Cold Cases. The goal is to
screen all of the Cold Cases for potential biological evidence for the purpose
of conducting DNA analysis such that the laboratory CODIS administrator will
enter any qualifying DNA profile into CODIS.
At the time of the grant application, it was estimated that there were
approximately 250 Cold Cases from the Crimes Against Children/Sexual Assault
Unit and Violent Crimes Bureaus, of which 85 may meet the criteria set forth by
this grant. The PBSO has been given an extension to allow the grant funds to be
fully expended. The award was
not fully expended in FY 2008. The balance of the award being carried forward
into FY 2009 is $16,362. There is no match requirement associated with this
award. No additional positions are
needed and no additional County funds are required. Countywide
(DW)
FEBRUARY 24, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to:
A) receive and file a Modification to the Agreement with the Area Agency on Aging Palm Beach/Treasure Coast, Inc. to extend the ending grant period from September 30, 2008, through September 30, 2010; and
B) approve a Budget Amendment of $10,097 in the Sheriff’s Grant Fund.
SUMMARY: The Board of County Commissioners accepted this grant for $10,200 on July 8, 2008; the original period for this grant was October 1, 2007, through September 30, 2008 (R2008-1235). This agenda item will extend the grant period from September 30, 2008, through September 30, 2010. The Area Agency on Aging Palm Beach/Treasure Coast, Inc. received an award from the United States Department of Justice, Office on Violence Against Women to create a universal, coordinated, countywide response through enhanced training and strengthened partnerships to address violence and abuse against women in later life. The Palm Beach County Sheriff’s Office and the Area Agency on Aging Palm Beach/Treasure Coast, Inc. entered into an agreement to create a local community-based program developed to assist law enforcement, prosecutors, investigators, and judges in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation of women who are 50 years of age or older. The PBSO has been given an extension to allow the grant funds to be fully expended. The award was not fully expended in FY 2008. The balance of the award being carried forward into FY 2009 is $10,097. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DW)
* * * * * * * * * * * *
FEBRUARY 24, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
CONTINUED FROM JANUARY 13, 2009
A. 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)
B. Staff recommends
motion to adopt: a Resolution renouncing and disclaiming any
public interest in portions of the 30 foot wide and 50 foot wide strips for
road, dyke (sic) and ditch purposes, in Blocks 10, 11, 16 and 17, Palm Beach
Farms Company Plat No. 3, as recorded in Plat Book 2, Pages 45-52, Public
Records of Palm Beach County, Florida.
These roads are also known as portions of Dillman Road, Whippoorwill Way
and Whippoorwill Boulevard. SUMMARY: This
petition site is located west of Lyons Road and north of Forest Hill
Boulevard. Whippoorwill Lakes Property
Owners Association as well as Dillrun Estates Regency Homes wants to increase
security within their communities.
Privatizing these roads will allow the construction of a security gate
within the portion of Dillman Road to be abandoned. District 6 (PK)
* * * * * * * * * * * *
FEBRUARY
24, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff requests
Board direction: on proposed FY
‘10 Federal Legislative Program. SUMMARY: Staff requests the Board’s
review of the proposed FY ‘10 Federal Legislative Program, which includes
priority appropriations and Legislative issues, and general appropriation and
general issues to monitor. The Federal Program outlines the issues that the
County’s Legislative Affairs Department in conjunction the County’s federal
lobbyist, will be working on for the Board in the upcoming Legislative Session. Countywide (DW)
TIME CERTAIN – 10:00 A.M.
2. Presentation by Dr. Richard Lerner on Scripps
Florida progress
TIME CERTAIN – 10:30 A.M.
3. Presentation
by Philip F. Mangano, Executive Director of the United States Interagency Council
on Homelessness
B. CLERK & COMPTROLLER
TIME CERTAIN – 10:15 A.M.
1. Update on Debt Review
C. COUNTY ATTORNEY
1. Staff recommends motion to adopt: a Resolution approving the issuance of not to exceed $25,000,000 Housing Finance Authority of Palm Beach County, Florida, Homeowner Revenue Bonds, Multiple Series (the “Bonds”) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and providing an effective date. SUMMARY: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”) to implement its Single Family Homeowner Revenue Bond Program (the "Program"), which Program is for the purpose of providing to qualified mortgagors mortgage financing for owner-occupied, single family residential housing facilities within the Authority’s area of operation. The Authority retains Bryant, Miller & Olive, P.A. and Greenberg Traurig, P.A. as its bond and disclosure counsel and Raymond James & Associates, Inc., RBC Capital Markets and M.R. Beal & Company as underwriters, each on a rotating basis. However, it has not yet been determined which of these firms will fill these roles in the event the Bonds are issued as set forth above. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Countywide (PFK)
FEBRUARY
24, 2009
5. REGULAR
AGENDA
D. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to:
A) adopt a Resolution for the creation of four (4)
Planner I positions, and one (1) Financial Analyst I position within the Department of Housing and
Community Development (HCD); and
B) approve
a Budget Amendment of $27,700,340 to establish budget for the Neighborhood
Stabilization Program (NSP) grant in the 2008-2009 budget.
SUMMARY: On November 18, 2008, the Board of County Commissioners approved the NSP
application to Housing & Urban Development (HUD) which will make available
to the County $27.7 million under the Housing and Economic Recovery Act of 2008
(HERA). The NSP application assigned
8.5% of the total award to cover administrative costs, including the hiring of
additional persons to implement and administer the program. The positions are time-limited and will terminate
upon the exhaustion of Federal Grant Funds appropriated under the NSP. The time-limited Planner I positions will be hired at Pay Grade 29 with a salary
range of $42,719.04 to $68,032.64. The Financial Analyst I position will be
hired at Pay Grade 30 with a salary range of $44,000.32 to $70,071.04. Per the NSP regulations, the funds must be
expended within four (4) years of the execution of the Grant Agreement between
the County and HUD. Addition of this new
program along with the Department’s existing workload will preclude current
staff from successfully implementing the program. These are Federal funds
that require no local match. Countywide (TKF)
E. WATER UTILITIES
1. Staff recommends
motion to approve on preliminary reading and to advertise for Public Hearing
on March 17, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Ordinance No. 07-003, providing a revised schedule of rates,
fees, and charges for potable water, wastewater, and reclaimed water services;
providing for inclusion in the Water Utilities Department’s Uniform Policies
and Procedures Manual; providing for repeal of laws in conflict; providing for
severability; and providing for an effective date. SUMMARY: On April 15, 2008, the Board of County Commissioners
(Board) approved an ordinance (Ordinance No. 2008-010) establishing a 15%
surcharge on potable water and wastewater fees to offset the fiscal impact
resulting from mandatory water restrictions.
The ordinance provided that the surcharge would remain in effect until
April 30, 2009. Despite receiving $6.2
million in surcharge revenue, the Water Utilities Department (Department)
sustained an operating loss of $4.9 million for the fiscal year ending September
30, 2008. In order to meet the escalating
operating costs, maintain adequate reserves, and provide for adequate debt
service coverage, the Department has completed a rate study to determine its
revenue requirements. The rate study
recommends that the 15% surcharge on the monthly bills be replaced with a rate
increase of approximately 11.75%, resulting in an average decrease of
3.25% to the on-line base facility rates and commodity rates. The rate study also recommends an increase in
guaranteed revenue fees, connection fees, deposits, and other miscellaneous
fees. For reclaimed water, the
Department is recommending a new connection fee for new reclaimed water
customers and an increase in the base facility fees and commodity fees. In the past, reclaimed water customers paid
no connection fees, and the revenue from reclaimed water service has not
covered the cost of the service. Under
the revised rates, new reclaimed water customers will pay a connection fee, but
will pay lower base facility fees than the existing customer who have not paid connection
fees. Countywide (MJ)
FEBRUARY
24, 2009
5. REGULAR
AGENDA
F. PALM TRAN
1. Staff recommends
motion to approve: Interlocal
Agreement with the South Florida Regional Transportation Authority (SFRTA) to
provide $4,050,000 in Fiscal Year 2009 as Palm Beach County’s share of SFRTA’s
net operating deficit and to provide for an additional $2,670,000 to be paid to
SFRTA within thirty (30) days after execution of this Agreement. Summary:
Palm Beach County is statutorily
required to contribute $1,565,000 annually to SFRTA’s operating budget. SFRTA’s FY ‘08 budget reflects a net
operating deficit in excess of the statutory payments. Palm Beach County’s share of these excess
operating deficits is $2,485,000.
Additionally, Palm Beach County will pay $2,670,000 to SFRTA upon or
within thirty (30) days after execution of the Agreement, and to provide for
SFRTA to reimburse Palm Beach County for Tri-Rail feeder bus service in the
amount of $666,666.66 annually. Palm Beach County has included this amount in
its FY ‘09 budget. Additionally, the
funds provided by Palm Beach County are not contingent upon SFTRA’s receipt of
a similar contribution from both Miami Dade and Broward Counties, but each
County has entered into interlocal agreements with similar terms and
conditions. In this regard, the SFRTA is
seeking an additional $85,298 from both Broward and Palm Beach counties, above
and beyond the $6,720,000 as originally requested. This funding, already provided by Miami-Dade,
would be matched by FDOT and would provide SFRTA with an additional $341,192 in
funding for the current year. Should the Board choose to provide the additional
$85,298 to the SFRTA, the money would come out of the County’s General
Contingency Fund. Countywide (DR)
* * * * * * * * * * * *
FEBRUARY 24, 2009
6. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Fire
Rescue Level of Service Committee)
1. Staff recommends
motion to approve: reappointment
of four (4) members to the Fire Rescue Level of Service Committee each for a
term of three (3) years from March 16, 2009, through March 15, 2012:
Nominee Seat Category
Kurt Bressner 3 Manager
– Large City
Chief Weinand 6 Fire
Chief - Small City
Dr. Galeta 8 Fire Rescue Advisory Board
Chief Donatto 9 EMS
Advisory Council
SUMMARY: Palm Beach County Resolution R2004-0494 established the Fire Rescue
Level of Service Committee (LOS Committee). It consists of nine (9) members
representing specific categories, each serving a term of three (3) years after
the initial start up. The LOS Committee
recommends reappointment of Kurt Bressner, Chief Weinand, Dr. Galeta and Chief
Donatto. These incumbents desire to continue to serve and are eligible for
reappointment. Countywide (SB)
B. FIRE RESCUE
(Fire Rescue Advisory Board)
1. Staff recommends
motion to approve: the reappointment of the following individuals to
the Fire Rescue Advisory Board beginning on December 16, 2008, through December
15, 2011:
Reappointment
Nominee Category Seat No. Nominated By
Michael Bornstein Professional 1 Comm.
Koons
Comm. Greene
Comm. Marcus
Comm.
Aaronson
Richard Galeta Health Care Services 4 Comm.
Koons
Comm.
Greene
Comm. Vana
Comm. Marcus
Comm. Aaronson
Titus Rich Consumer of Fire 7 Comm. Koons
Rescue Services Comm. Greene
Comm. Marcus
Comm.
Aaronson
SUMMARY: The Fire Rescue Advisory Board was created by Resolution No. R89-1661 and revised by No. R92-596 on April 28, 1992. This Board consists of seven (7) (at-large) members with specific fields of expertise and serve a three (3) year term. The nominees have expressed an interest in serving another term and are eligible for reappointment. On December 29, 2008, a memo was distributed to the County Commissioners requesting nominations to this Board. No other nominations have been received. Countywide (SGB)
FEBRUARY 24, 2009
6. BOARD
APPOINTMENTS
C. PALM TRAN
(Palm
Tran Service Board)
1. Staff recommends
motion to approve: appointment of two (2) At-Large members to
the Palm Tran Service Board:
Term to
Nominee Category, Seat Number Expire Nominated By
Trudy McConnell Environmental Advocate, 05/17/2010 Comm. Koons
Seat
No. 3 Comm.
Greene
Comm. Vana
Comm. Aaronson
Roberta Van Sickle Reg. Fixed Route Rider, 05/16/2010 Comm. Koons
Seat No. 9 Comm.
Greene
Comm.
Vana
Comm.
Aaronson
Summary: The Palm Tran Service Board is composed of 13
at-large members. The new appointment of Trudy McConnell, Seat No. 3, will fill
the same seat vacated by Ms. McConnell in November 2008 due to the rule of
absences. Ms. McConnell’s absences were
due to an illness at the time. If
appointed, Ms. Roberta Van Sickle, Seat No. 9, will fill the same seat vacated
by Ms. Van Sickle in November 2008 also due to the rule of absences. Ms. Van
Sickle is a member of a State Board and was required to be at those out of town
meetings. These positions were not filled in the interim. Countywide
(DR)
D. PLANNING, ZONING & BUILDING
(Building
Code Advisory Board)
1. Staff recommends
motion to approve: appointment/reappointment
of the following individuals to the Building Code Advisory Board, for the terms
indicated below:
Reappoint Seat Requirement Term Nominated By
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for board members is three years; with no limit to
the number of terms a member may serve.
Michael Fichera is nominated by the Building Officials Association of
Palm Beach County to fill the unexpired term of Robert S. Dawson, Seat 4. This action will fill the above-referenced
seat until January 1, 2011. The
reappointment of Jacek R. Tomasik is nominated by the Building Officials
Association of Palm Beach County, for a three year term until January 1, 2012. The Board is composed of 16 members; seven
(7) regional Building Officials who must be appointed from nominees submitted
by the Building Officials Association of Palm Beach County; seven (7) members
who must be appointed from nominees submitted by the Construction Industry
Management Council of Palm Beach County; one (1) member who must be a
registered Architect appointed from nominees submitted by the Palm Beach County
Chapter of the American Institute of Architects; and one (1) member who must be
a Professional Engineer appointed from nominees submitted by the Palm Beach County
Chapter of the Florida Engineering Society. Countywide (GB)
FEBRUARY 24, 2009
6. BOARD
APPOINTMENTS
E. CRIMINAL JUSTICE COMMISSION
(Criminal
Justice, Mental Health & Substance Abuse Planning Council)
1. Staff recommends motion to approve: the following appointments to the Criminal Justice, Mental Health and Substance Abuse Planning Council, effective February 24, 2009:
Appoint Nominee Seat
No. Seat Requirement
Ms. Victoria Cury 16 Family
member of primary consumer of community-based treatment services
Dr. Linda De Piano
12 Director
of a community mental health agency
Mr. John McDermott 14 Primary
consumer of mental health services
Ms. Diana Stanley 17 Representative from an area
homeless program
Mr. Alton Taylor
11 Director
of local substance abuse treatment program
Mr. Charles Trotta
10 Director
of County Probation or Pretrial Intervention program
Ms. Michelle Woodside
15 Primary
consumer of substance abuse services
SUMMARY: The Palm Beach County Board of County Commissioners
enacted Resolution No. 2007-1639, which originally established the 19 member
Palm Beach County Criminal Justice, Mental Health and Substance Abuse Planning
Council. Thereafter, on April 1, 2008, the Board approved Resolution No.
2008-0559 amending the original resolution to add six (6) additional member
seats to the Council. The Criminal Justice Commission recommends the
appointment of Ms. Victoria Cury, Dr. Linda De Piano, Mr. John McDermott, Ms.
Diana Stanley, Mr. Alton Taylor, Ms. Charles Trotta and Ms. Michelle Woodside
who desires to serve as Planning Council representatives effective February 24,
2009. Countywide (DW)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 24, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
FEBRUARY 24, 2009
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
Proclamation
declaring March 1 – 7, 2009 as “12th Annual Women in Construction
Week” in Palm Beach County.
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 - COMMISSIONER
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE
Proclamation declaring February 22 – 28, 2009 as “Eating Disorders
Awareness Week” in Palm Beach County.
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
February 24, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
FEBRUARY 24, 2009
PAGE ITEM
9 3C-1 REVISED
SUMMARY: Approval of this Agreement will accept the Permit conditions, allow
dismissal of the lawsuit filed against ITID due to failure to render a decision
to issue a Permit for the Project, and will authorize payment of $490,000 to ITID
to offset the impacts of construction of the Project on ITID maintained
roadways and will enable County to construct six (6) traffic calming devices on
ITID maintained roadways. In order to receive the Permit, the County will
also have to pay for all Permit review fees. This payment is addressed in the
Permit. (Engineering)
14 3E-5 DELETED: Staff recommends motion to approve: Supplemental funding request to Office of
Head Start, for the period October 28, 2008, through October 31, 2008, in an
amount of $2,500, for cost incurred for staff attendance at the Dual Language
Institute. (Community Services) (Further staff review)
31 3Q-1 DELETED: Staff recommends motion to
approve: A) an Interlocal Agreement in the amount of $49,000 with the Palm Beach
County Sheriffs Office (PBSO) as a partner to implement the law enforcement
component of the Youth Violence Prevention Project; (CJC) (Further staff
review)
34 4A REVISED 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
$7,283 $10,870.33 per parcel 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
assessable project cost is $109,245 $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
Construction Contract (R2008-0769). (WUD
Project No. 06-139) (WUD)
35 5B-1* TIME CERTAIN CHANGE TO 11:00 A.M. Update
on Debt Review (Clerk & Comptroller)
37 5F-1 REVISED MOTION/TITLE: Staff
recommends motion to approve:
A) approve Interlocal Agreement with the South Florida
Regional Transportation Authority (SFRTA) to provide $4,050,000 in Fiscal Year
2009 as Palm Beach County’s share of SFRTA’s net operating deficit and to
provide for an additional $2,670,000 to be paid to SFRTA within thirty (30)
days after execution of this Agreement; and
B) deny request for an additional $85,298 out of
Contingency to offset SFRTA’s deficit. (Palm Tran)
37 5G-1 ADD-ON: Staff
recommends motion to approve: Contracts not to exceed
the total value of $8,000,000 for task orders which may be issued for the
Annual Traffic Signal Contract (Contract), Project No. 2009055, with Gerelco
Traffic Controls, Inc. (Primary), the lowest, responsive, responsible bidder,
and Signal Group, Inc. (Secondary), the second lowest, responsive, responsible
bidder. SUMMARY: Approval of these
Contracts will provide for the furnishing and installation of various
signal components for traffic control devices required by the Traffic Division
on an as needed basis. The Office of
Small Business Assistance goals are set at 15% overall. The Primary achieved 32.08% Small Business
Enterprise (SBE) participation and the Secondary achieved 0.48% participation. Countywide (MRE) (Engineering)
37 5H-1 ADD-ON, MOVED FROM 3B-3/Contracts & Claim
Settlements List (Exhibit “F” Only): Term contract for emergency transport third party billing. (Purchasing/Fire Rescue)
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 (*).