ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 16, 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 -30)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 31-33)
5. REGULAR
AGENDA (Pages 34 - 37)
TIME
CERTAIN 10:00 A.M. (Presentation by Workforce Alliance) (Page 34)
6. BOARD
APPOINTMENTS (Page 38)
7. STAFF
COMMENTS (Page 39)
8. COMMISSIONER
COMMENTS (Page 40)
9. ADJOURNMENT (Page 40)
* * * * * * * * * * *
JUNE 16, 2009
TABLE OF CONTENTS
CONSENT AGENDA
Page 6
3A-1 Expenditure
of CCRT funds for Englewood Manor guard rail project
3A-2 Resolution
regarding intercity rail component of the FEC Corridor Project
B. CLERK
& COMPTROLLER
Page 6
3B-1 Warrant list
3B-2 Minutes:
None
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments and other misc. items
3B-5 State
Revenue Sharing Application
Page 7
3B-6 Selling of
Time Warner Cable shares
C. ENGINEERING
& PUBLIC WORKS
Page 7
3C-1 Deleted
3C-2 Right of Entry/License
Agreement with SFWMD regarding Process Drive
3C-3 Supplemental
Agreement No. 1 with FDOT for Advanced Transportation Management System
3C-4 Contract with
Lanzo Lining Services, Inc. regarding Kirk Road storm water pipe
D.
COUNTY ATTORNEY - None
E.
COMMUNITY SERVICES
Page 8
3E-1 Refunding
Application for Head Start/Early Head Start programs federal assistance
3E-2 Grant
Application to U.S. Dept. of Health & Human Services for Head Start program
3E-3 Contract
with Joseph L. Morse Geriatric Center – Just Checking Program
Page 9
3E-4 Contract with Invo Healthcare Associates,
Inc. for speech and language service to Head Start children
3E-5 Amendment No. 1 with Adoption by Shephard
Care for “Choose Life” license plate funds
F.
AIRPORTS
Page 9
3F-1 Agreement to
Terminate Airline-Airport Use and Lease Agreement with Northwest
Page 10
3F-2 Resolution
establishing and revising General Aviation Minimum Standards at 2 airports
3F-3 Change Order No. 5 with CTR Systems Parking
for parking access and revenue control system replacement at PBIA
Page 11
3F-4 Construction Manager Authorization for Task
No. M-5 with The Morganti Group regarding renovations at North County General
Aviation Airport
3F-5 Lease Agreement with CSC Applied
Technologies for hangar/office/terminal space at PBIA
3F-6 Standard form agreement for Rental Care
Lease and Concession at PBIA
Page 12
3F-7 Second Amendment to Retail Concession
Agreement with Paradies-Palm Beach, LLC
3F-8 License Agreement for storm recovery with
FPL
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 12
3G-1 Negotiated settlement offer for Code
Enforcement lien against Diwatch International Consultants, Inc.
Page 13
3G-2 Budget transfers regarding School Impact Fees
3G-3 Budget Amendment regarding payment to School
District of Palm Beach County
3G-4 Resolution amending $16.5M Capital
Improvement Bond Anticipation Note
JUNE 16, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 14
3H-1 JOC Work Order No. 09-108 with All-Site
Construction regarding new splash pad playground at Westgate Community Center
3H-2 Amendment No. 2 with All-Site Construction
regarding Job Order Contract – South
3H-3 Amendment No. 2 with Robling Architecture
Construction regarding Job Order Contract – South
3H-4 Amendment No. 2 with M.A.C. Construction,
Inc. regarding Job Order Contract – Central
Page 15
3H-5 Amendment No. 2 with Holt Contractors, Inc.
regarding Job Order Contract – North
3H-6 Amendment No. 2 with H.A. Contracting Corp.
regarding Job Order Contract – North
3H-7 Amendment No. 1 with The BG Group, LLC for
annual demolition contract
3H-8 Amendment No. 1 with Gartek Engineering Corp.
for mechanical, electrical and plumbing services
Page 16
3H-9 Amendment No. 2 with Gentile, Holloway,
O’Mahoney & Associates for property development evaluations
3H-10 Change Order
No. 10 with West Construction, Inc. for Light Harbor Park project
3H-11 Amendment No.
7 with Moss & Associates for West County Palm Tran Maintenance facility
3H-12 CSA No. 5 with
Colome & Associates regarding Fire Station No. 24 replacement
Page 17
3H-13 Amendment No. 1 with BRPH Architects-Engineers,
Inc. for mechanical, electrical and plumbing services
3H-14 Amendment No. 1 with The Weitz Company for
construction management services
3H-15 Amendment No. 4 with Catalfumo Construction for
construction management services
3H-16 Sovereignty Submerged Lands Lease Modification
regarding Phil Foster Park
Page 18
3H-17 Declaration of
Easement for water and sewer mains at Airport Center
3H-18 Resolution extending term of License Agreement
with Genealogical Society of Palm Beach County for use of space at Main Library
Page 19
3H-19 Notice of
merger regarding Trump International Golf Club II, L.C.
3H-20 Contract with
GC Works, Inc. for John Prince Park Campground improvements
3H-21 Contract with
Brang Construction, Inc. for Fire Station No. 32 construction
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 19
3I-1 Two (2) Agreements with West Palm Beach
Housing Authority for hurricane hardening at two (2) affordable housing
developments
Page 20
3I-2 Agreements with
two (2) entities for Disaster Recovery Initiative Program funds
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 20
3K-1 Potable
Water and Wastewater Development Agreement with Willie H. & Frankie J. Day
Page 21
3K-2 Work Authorization No. 10 with Globaltech, Inc.
regarding WTP No. 10 membrane improvement construction
3K-3 Receive and
file five (5) standard development agreements
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 22
3L-1 Change Order
No. 1 with J.W. Cheatham regarding Winding Water Natural Area
3L-2 Work Order No. 1666-03 with Eastman
Aggregates Enterprises regarding Ibis Isle Restoration project
Page 23
3L-3 FDOT Local
Agency Program Agreement for Bluegill Trail construction
JUNE 16, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M.
PARKS & RECREATION
Page 23
3M-1 Receive and file School Board RAP for Boynton
Beach High trip to Washington, D.C.
3M-2 Receive and
file School Board RAP for Lake Worth High Project Graduation 2009
Page 24
3M-3 Receive and
file School Board RAP for three (3) High School Project Graduation 2009
3M-4 First
Amendment with Inlet Grove High School for student trip to Washington, D.C.
3M-5 Agreement
with Town of Lantana for operational costs at Lantana Sports Complex
3M-6 Interlocal
Agreement with Town of Lantana for Sportman’s Park improvements
3M-7 Agreement
with Fun Time Racing, Inc. for purchase of uniforms and equipment
Page 25
3M-8 Agreement
with City of Pahokee for City recreation complex parking improvements
3M-9 Receive and
file five (5) independent contractor agreements
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Fourth
Amendment with Florida State University for Youth Violence Prevention Project
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 26
3S-1 Receive and
file one (1) standard Interlocal agreement for swimming lessons
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES
Page 26
3U-1 Task Order
No. 2 to License Agreement with Pictometry International Corp. for new imagery
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 27
3X-1 Memorandum of Agreement with City of Miramar
regarding funding for domestic security activities
3X-2 Memorandum of Agreement with City of Miramar
regarding funding for non-law enforcement oriented domestic security activities
Y.
PURCHASING - None
Z.
RISK MANAGEMENT - None
AA.
PALM TRAN
Page 28
3AA-1 Filing of
Section 5307 Federal Transit Administration Grant
3AA-2 Filing of
Section 5309 Federal Transit Administration Grant
Page 29
3AA-3 Interlocal Agreement with Martin County Board
of County Commissioners regarding a park and ride facility
JUNE 16, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB.
SHERIFF
Page 29
3BB-1 Budget
Amendment for additional service provided to Village of Wellington
Page 30
3BB-2 Budget
Transfer in Law Enforcement Trust Fund to various non-profit organizations
PUBLIC
HEARINGS - 9:30 A.M.
Page 31
4A Ordinance
regarding certain vessels in Little Lake Worth and Loxahatchee River
4B Resolution
expanding the Dubois Park Historic District
4C Wastewater
Facilities Use Ordinance
Page 32
4D Ordinance
regarding new Franchise Fee Agreement with Florida Power & Light
4E Glades
Utility Authority transfer (Continued on
Page 33)
REGULAR AGENDA
ADMINISTRATION
Page 34
5A-1 Energy
Efficiency and Conservation Block Grant Program application
5A-2 Workforce
Alliance Presentation – TIME CERTAIN
10:00 A.M.
COMMUNITY
SERVICES
Page 34
5B-1 Status
Report on Ten-Year Plan to End Homelessness
COUNTY
ATTORNEY
Page 35
5C-1 Investment
Policy Ordinance
5C-2 Educational
Facilities Revenue Bond
ENGINEERING
& PUBLIC WORKS
Page 35
5D-1 Five Year
Road Program Ordinance
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 36
5E-1 Palm Beach
County Petroleum Contamination Cleanup Criteria Ordinance
HOUSING &
COMMUNITY DEVELOPMENT
Page 37
5F-1 FY 2009-2010
Palm Beach County Action Plan
BOARD APPOINTMENTS
(Page 38)
STAFF COMMENTS
(Page 39)
COMMISSIONER COMMENTS (Page 40)
ADJOURNMENT (Page 40)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) expenditure in the amount of $1,500 from the Countywide Community
Revitalization Team (CCRT) Recouped Funding Reserves to the Englewood Manor
Guard Rail Project; and
B) a Budget Transfer of $1,500 from the CCRT Recouped Funding Reserves to
the Englewood Manor Guard Rail Project in the Capital Outlay Fund.
SUMMARY: The requested
funding is to cover the costs associated with the installation of guard rails
at the end of Engle Road and Theresa Court in the Englewood Manor CCRT area.
The installation of guard rails is necessary to mitigate a public safety
concern related to the potential of automobiles driving into the canal at these
two (2) dead-end streets. District 3 (AH)
2. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County requesting the assistance of Governor Crist and Florida
Department of Transportation Secretary Kopelousos to prioritize the intercity
rail component of the FEC Corridor Project (from Jacksonville to Miami) as part
of the Federal Economic Stimulus Package for the State of Florida. SUMMARY:
At the request of Commissioner Jeff Koons, staff was directed to draft this
Resolution. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during January 2009. Countywide
5. Staff recommends
motion to approve: State Revenue Sharing Application for the Fiscal Year 2009-2010. SUMMARY:
Each unit of local government is required to file an application in order
to be considered for any funds to be distributed under the Revenue Sharing Act. Countywide (PFK)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
6. Staff recommends
motion to authorize: the Clerk
& Comptroller’s Office to sell 59 shares of Time Warner Cable shares in the
most expeditious and cost effective manner. SUMMARY: Approval of the
sale of said shares will provide final disposition of shares received by the
Department of Engineering & Public Works in connection with the separation
of Time Warner Cable Inc. from Time Warner Inc. The sale is recommended because
common stock is not an authorized investment for County funds, as outlined in
the County Investment Policy. As of May
12, 2009, the price per share of Time Warner Cable was approximately $32 for a
total of $1,888. Countywide (PFK)
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2 Staff recommends motion to approve: a Right of Entry/License Agreement with the South Florida Water Management District (SFWMD). SUMMARY: Approval of this Right of Entry/License Agreement will allow Palm Beach County to access a five (5) foot strip of land owned by the SFWMD to tie-in and harmonize with the improvements being made to the adjacent northerly right-of-way of Process Drive, formerly known as Fairgrounds Road. District 6 (PFK)
3. Staff recommends
motion to:
A)
adopt a Resolution to approve Supplemental
Agreement Number One to the Local Agency Program Agreement for Advanced
Transportation Management System (ATMS) Group 3, with the Florida Department of
Transportation (FDOT). This supplemental Agreement will add a total of $700,000
to the construction funds of $3,200,000 for ATMS Group 3 of the original
Agreement (R2004-1300); and
B) approve a Budget Amendment of $400,000 in the
Transportation Improvement Fund to recognize reimbursement from FDOT and
appropriate it to ATMS Group 3.
SUMMARY: The original Agreement enabled Federal funding of
$3,200,000 of construction funds for ATMS Group 3. Approval of Supplemental
Agreement Number One will add an additional $700,000 ($300,000 of design funds
re-appropriated as construction funds and $400,000 in State funds) to the Agreement. Entire funding will be Federal and State,
with no matching funds required by Palm Beach County. Completion date for the project is currently
December 31, 2009, with the option to extend if needed. Countywide (MRE)
4. Staff recommends
motion to approve: a Contract
with Lanzo Lining Services, Inc. (Contractor), in the amount of $28,800 for
lining an existing storm water pipe under Kirk Road at the L-10 Canal (Project
No. 2009057). SUMMARY: Approval of the Contract will make possible
maintenance and repair of the existing stormwater pipe under Kirk Road. Work shall be performed in accordance with
the Annual Stormwater and Sanitary Sewer Line Services Contract 08-B-57KW
(Group III) between Volusia County and the Contractor which has been
incorporated by reference. The Contract
period is 30 days from the date of Notice to Proceed. District 3 (MRE)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: a
Refunding Application for Federal Assistance in the amount of $14,766,313 (Head
Start $12,993,352 & Early Head Start $1,772,961) to operate the Full
Day/Full Year Head Start and Early Head Start programs for the period October
1, 2009, through September 30, 2010. Summary: The FY 2009/2010 full day/full
year Head Start/Early Head Start Program will continue to provide comprehensive
child development services to 2,051 Palm Beach County economically
disadvantaged infants/toddlers, 3 through 5-year- olds, and 180 pregnant women.
Total funding of $22,458,737 consists of Federal funds of $14,766,313;
Children’s Services Council funds of $454,964 and Palm Beach County required
funding of $3,691,578 with overmatch funding of
$3,545,882. The County’s portion
has been requested in the FY 2010 budget. The Refunding Application is due to
Department of Health & Human Services by June 30, 2009. (Head Start) Countywide
(TKF)
2. Staff recommends
motion to ratify: the Chairman’s signature on a Grant
Application to the U.S. Department of Health and Human Services (HHS), Administration
for Children and Families for:
A)
Permanent Cost of Living Adjustment (COLA) for the period of October 1,
2009, through September 30, 2010, in the amount of $433,206;
B) American
Recovery and Reinvestment Act COLA for the period of July 1, 2009, through June
30, 2010, in the amount of $260,490; and
C) Quality Improvement for the period of July
1, 2009, through September 30, 2010, in the amount of $804,378.
Summary: The COLA increase will help cover increased operating costs
of the Grantee and delegate agency programs and agency specific adjustments to
staff salaries and fringe benefits. The Quality Improvement funding will
be used in a manner consistent with the provision of Section 640(a)(5) of the
Head Start Act and Program Information ACF-PI-HS-09- 06 FY 2009 funding increase.
The emergency signature process was used because there was insufficient time to
submit the item through the regular agenda process and meet the submission
deadline of May 15, 2009. County match funds of $108,301.50 are required and
included in the current budget. A waiver has been requested for a portion of
the required match totaling $266,217. (Head Start) Countywide (TKF)
3. Staff recommends motion
to approve: Contract
for Consulting/Professional Services with Joseph L. Morse Geriatric Center –
Just Checking Program for a total not-to-exceed amount of $20,040 for the
period of July 1, 2009, through June 30, 2010, with two (2) one-year renewal options.
Summary: The Division of Senior Services received a
grant from the Area Agency on Aging under the Community Care for the Elderly program
to provide mental health counseling services to seniors in Palm Beach
County. Joseph L. Morse Geriatric Center
– Just Checking Program will provide mental health counseling to approximately ten
(10) seniors. Funding consists of $18,036 (90%) State and $2004 (10%)
County. County funds for this fiscal
year are available in the current budget and funds for the remainder of the
contract period are included in the Department’s FY 2010 budget request. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
Contract for Consulting/Professional Services with Invo Healthcare Associates,
Inc. for the period of June 16, 2009, through September 30, 2009, in an amount
of $5,000, for speech and language services to Head Start children. Summary: Invo Healthcare
Associates, Inc. will provide speech/language therapy by appropriate licensed
therapists to Head Start children. The provider is required to bill Medicaid
for evaluations and services for children who are Medicaid eligible. Funding consists of $4,000 (80%) in Federal
funds and $1,000 (20%) in County funds. The County’s portion is included in the
FY 2009 budget. (Head Start) Countywide (TKF)
5. Staff recommends motion to approve: Amendment No. 1 to the contract with Adoption by Shepherd Care (R2008-1285) for the period July 1, 2008, through September 30, 2009, increasing their contract by $74,000. SUMMARY: The Department of Community Services has been requested to provide $74,000 in additional funds to Adoption by Shepherd Care. Adoption by Shepherd Care meets the intent of Section 320.08058(30), Florida Statutes, which requires counties to distribute annual use fees from the sale of “Choose Life” license plates. Services provided are limited by the Statute and involve meeting the physical needs of pregnant women who are committed to placing their children up for adoption. The contract funding recommended in this item reflects part of the total funds received from the “Choose Life” license plate funds for the 2007 - 2008 fiscal year. No County funds are required. Countywide (TKF)
F. AIRPORTS
1. Staff
recommends motion to approve:
A) Agreement to Terminate
Airline-Airport Use and Lease Agreement with Northwest Airlines, Inc.
(Northwest Agreement) (R2007-0859); and
B) Third Amendment to
Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc. (Delta
Agreement) (R2007-0386), providing for the payment of a termination fee in
exchange for the right to terminate the Northwest Agreement.
SUMMARY: On October 29,
2008, Northwest became a wholly-owned subsidiary of Delta as a result of a
merger. The companies have requested the
right to terminate the Northwest Agreement and to consolidate their operations
within Delta’s existing leasehold at the Palm Beach International Airport
(PBIA). The Northwest Agreement expires
on September 30, 2011. Delta has agreed to pay the County a termination
fee, which will be paid on a monthly basis through the remainder of the term of
the Delta Agreement in an amount equal to the fixed rentals and fees that would
have been paid by Northwest through the remainder of the term of the Northwest
Agreement. Delta will also remain obligated to pay all variable fees and
charges, such as landing fees and per use gate charges. The existing
Northwest facilities will be available for lease to another airline upon
termination of the Northwest Agreement. Countywide (JMB)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to adopt: a Resolution establishing General Aviation Minimum
Standards for the Palm Beach County Glades Airport and revising the General
Aviation Minimum Standards for the North County General Aviation Airport,
repealing Resolution No. R2003-1956, and becoming effective upon adoption. SUMMARY: This Resolution provides for
the adoption of General Aviation Minimum Standards for the Palm Beach County
Glades Airport and revision of the Minimum Standards for Commercial
Aeronautical Activities for the North County General Aviation Airport adopted
by the Board on December 2, 2003 (R2003-1956). General Aviation Minimum Standards (“Minimum
Standards”) provide the minimum requirements to be met by entities desiring to
engage in commercial general aviation activities and non-commercial
self-service fueling and include requirements for facility size, insurance
coverage, required services and hours of operation. Staff is recommending
adoption of revised Minimum Standards for the North County General Aviation Airport
to make standard provisions and terminology conform more closely to the General
Aviation Minimum Standards adopted for the Palm Beach International Airport,
which will assist staff in ensuring similar provisions are interpreted
consistently. Staff is also recommending
establishment of Minimum Standards for the Palm Beach County Glades Airport. The Aviation and Airports Advisory Board
unanimously approved the Minimum Standards for both airports at its February
25, 2009 meeting. Countywide (AH)
3. Staff recommends
motion to approve:
A) Change Order No. 5 to the contract with CTR Systems Parking, Inc. in
the amount of $18,047 and a time extension of 195 calendar days for the Parking Access and Revenue Control
System (PARCS) Replacement Project at Palm Beach International Airport (PBIA);
and
B) Budget Transfer of $18,047 in the Airports Renewal and Replacement Fund
to establish budget for Change Order No. 5 with CTR Systems Parking, Inc. Included in this transfer is $18,047 from
Reserves.
SUMMARY: On February
5, 2008, the BCC approved the contract with CTR Systems Parking, Inc. in the
amount of $2,370,495 and a contract time of 180 calendar days (R2008-0172). Change Orders 1-4 were approved for a net
increase to the contract in the amount of $490,752 and extended the contract
time by 150 calendar days. Approval of
this Change Order will increase the total contract price by $18,047 and extend
the contract time by an additional 195 calendar days, which is the time frame
necessary to implement SunPass at PBIA. The Florida Department of Transportation has
provided grant funding not to exceed $400,000 in the implementation of the
SunPass portion of this contract which was approved by the BCC on September 25,
2007 (R2007-1631). The Small Business
Enterprise (SBE) goal for this project was established at 15%. The SBE
participation for this Change Order is 34.14%.
The total SBE contract participation including all change orders is
21.51%. Countywide (JCM)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to approve: a Construction
Manager Authorization for Task No.
M-5 under the Construction Manager (CM) at Risk Contract with The Morganti
Group, Inc. in the amount of $223,000 for construction phase services for the conventional
hangar roof repairs and Fixed Base Operator (FBO) Heating, Ventilating and Air
Conditioning (HVAC) renovation at North County General Aviation Airport. SUMMARY: The Department of Airports is requesting
Board approval of Task M-5 to The Morganti Group, Inc. under the continuing
contract for CM at Risk Services approved May 20, 2008 (R2008-0850). Tasks M-1 through M-4 for The Morganti Group,
Inc. were approved in the amount of $4,197,619.73. The services provided in this Construction
Manager Authorization constitute the fifth task to be assigned to The Morganti
Group, Inc. Task No. M-5 is in the amount of $223,000 and establishes a
construction time of 60 calendar days. The Small
Business Enterprise (SBE) goal for this contract was established at 15%. The SBE participation for this Task is
17.44%. The total SBE contract
participation including Task M-5 is 14.87%.
Countywide (JCM)
5. Staff recommends
motion to approve: Lease Agreement with CSC Applied Technologies, LLC
(Lease), providing for the lease of approximately 46,279 square feet of ground
area and 15,513 square feet of hangar and office/terminal space, and a license
to use approximately 27,186 square feet of apron area at the Palm Beach
International Airport (PBIA), for an initial annual rental of $200,454. SUMMARY: CSC Applied Technologies, LLC is a tenant at
PBIA under a Development Site Lease Agreement dated July 19, 1994 (R94-878D)
that will expire on July 18, 2009, at which time ownership of the improvements
consisting of a hangar/office building and air terminal facility will revert to
the County. The Lease provides for
payment of rental at the appraised fair market value rate for the building
improvements, in addition to ground rent. The term of the Lease will commence on July
19, 2009 and end on March 31, 2011. The
Lease provides for automatic renewal for five (5) additional terms of one (1) year
each. Countywide (JMB)
6. Staff recommends
motion to adopt: a Resolution authorizing the County Administrator or his
designee to execute a standard form Agreement
for Rental Car Lease and Concession at the Palm Beach International Airport
(PBIA);
establishing the Minimum Annual Guarantee for the first contract year; and
becoming effective upon adoption. SUMMARY:
The Resolution authorizes the County Administrator or his designee to
execute a standard form Agreement for
Rental Car Lease and Concession at the Palm Beach International Airport
(Agreement) for the operation of on-airport rental car concessions at PBIA. The Agreements will be for a two (2) year
term, commencing on October 1, 2009 and ending on September 30, 2011. Rental car concessionaires are required to pay
the County a concession fee equal to an established Minimum Annual Guarantee
(MAG) or 10% of annual gross revenues, whichever is greater. The MAG for the first contract year of the Agreement will be 95% of a
concessionaire’s FY 2008 MAG or 95% of the concessionaire’s FY 2008 percentage
payment, whichever is less. The MAG will automatically adjust in the second contract
year in accordance with the terms of the Agreement. Countywide (JMB)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve: Second Amendment
to Retail Concession Agreement (Amendment) with Paradies-Palm Beach, LLC
(Paradies), providing for the lease of additional storage space for
approximately $19,826 per year and authorizing chewing gum sales within the
Palm Beach International Airport’s (PBIA) passenger terminal. SUMMARY: On November 6, 2007, the Board approved a
Retail Concession Agreement (R2007-2052) (Agreement) with Paradies for retail
concession services at PBIA. The
Agreement required Paradies to make an initial capital investment of $4,558,500
on the design and construction of new concession units at PBIA. Paradies is anticipated to complete
construction by November 1, 2010. The
Amendment provides for the lease of additional storage space and a license to
use certain concession space during construction of the new concession units. Paradies has requested an opportunity to sell
chewing gum at PBIA and to replace the Tech Showcase concept, which was an
electronics store, with another concept acceptable to the County. The Amendment authorizes chewing gum sales at
PBIA and requires Paradies to provide a replacement for the Tech Showcase
concept. Countywide (JMB)
8. Staff recommends
motion to approve: License Agreement for
Storm Recovery with Florida Power & Light Company (FPL), providing for the
short-term use of designated areas within County-owned general aviation
airports for storm recovery efforts at no charge. SUMMARY: The
License Agreement allows FPL to use portions of the Palm Beach County Park
Airport, the Palm Beach County Glades Airport and the North County General
Aviation Airport (Airports) designated in writing by the Department on a
short-term basis for staging of materials, equipment, supplies and personnel in
connection with recovery efforts following storm events such as tropical
storms, hurricanes or tornadoes. The term of the License Agreement expires on
December 31, 2009 and automatically renews on a year-to-year basis thereafter. The County will have the right to terminate
the License Agreement upon seven (7) days prior written notice to FPL. Countywide (JMB)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve: a negotiated settlement offer in the amount of $51,000 for the full satisfaction of a Code Enforcement Lien that was entered against Diwatch International Consultants, Inc. on January 9, 2007. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on September 6, 2006 giving Diwatch International Consultants, Inc. (DIC) until December 5, 2006 to repair and maintain the mobile homes, additions, accessory structures, parking areas, and driveways in conformity with the County’s Property Maintenance Code and Florida Building Code, to clean up the open storage of trash and debris, and to remove the unlicensed and inoperable vehicles from their mobile home park on Lake Worth Road. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $75 per day was imposed. The CESM then entered a claim of lien against DIC on January 9, 2007. The cited code violations were fully corrected as of March 20, 2009 when the property was completely cleared of all the dilapidated mobile homes and structures, vehicles, and trash and debris. The accumulated lien amount through March 20, 2009, the date settlement discussions began, totaled $84,972.60, of which DIC has agreed to pay the County $51,000 (60%) for full settlement of their outstanding Code Enforcement Lien. District 3 (PGE)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve:
A) a Budget Transfer from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation account for $586,600;
B) a Budget Transfer from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2 appropriation account for $115,300;
C) a Budget Transfer from School Impact Fee Zone 3 reserve account to School Impact Fee Zone 3 appropriation account for $667,323; and
D) a Budget Transfer from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4 appropriation account for $190,000.
SUMMARY: Estimated impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected. Budget transfers from school impact fee reserve accounts to school impact fee appropriation accounts allow for the appropriation of impact fee collections so that the County may remit funds to the School District in accordance with Article 13 of the ULDC. Countywide (LB)
3. Staff recommends motion to approve: a Budget Amendment of $122,517 in the School Impact Fee Account Zone 3 to recognize revenue received in FY 2009 and to appropriate it to the School Impact Fee Account-Contributions to Other Governmental Agencies for payment to the School District of Palm Beach County. SUMMARY: This Budget Amendment is necessary to recognize and appropriate revenue collected in FY 2009 in excess of the budgeted amount. This Amendment allows the County to remit school impact fees revenues to the School District. Countywide (LB)
4. Staff recommends
motion to adopt: a Resolution amending Resolution No. R2009-0888,
adopted May 19, 2009; modifying certain of the parameters established with
respect to the issuance of a not to exceed $16.5 Million Capital Improvement
Bond Anticipation Note, Series 2009; and providing an effective date. SUMMARY: On May 19, 2009, the Board adopted a
Resolution (R2009-0888) authorizing the negotiation of a loan in the amount of
not to exceed $16.5 Million from the Sunshine State Governmental Financing
Commissions or in the alternative, the issuance of the County’s Capital Improvement
Bond Anticipation Note (BAN), Series 2009 in an amount not to exceed $16.5
Million and delegating to the Chairman of the Board of County Commissioners the
authority to consummate the Loan or the BAN.
Staff has determined that the BAN is the appropriate financing
alternative. The above amendment is necessary to change the interest rate
parameters to allow for a variable rate bond anticipation note for up to three
(3) years. Countywide (PFK)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: JOC Work Order No. 09-108 with All-Site Construction, Inc. (R2007-0945) in the amount of $462,716.57 to provide a new splash pad playground at Westgate Community Center. SUMMARY: The work consists of the construction of a 54' x 40’ concrete oval splash pad playground with three triangular shade sails, including plumbing and built-in play products. The Small Business Enterprise (SBE) goal is 15%. The SBE participation in this Work Order is 100%. When the participation for this Work Order is added to All-Site=s total participation-to-date, the resulting values are 100%. The total construction duration is 180 days. Funding is from a combination of a Community Development Block Grant Program provided through U.S. HUD (Federal), the Park Improvement Fund (restricted and ad valorem), and the Capital Outlay Fund (ad valorem). (FD&O Admin) Countywide/District 2 (JM)
2. Staff recommends motion to approve: Amendment No. 2 to Contract (R2007-0945) with All-Site Construction, Inc., to implement the second and final renewal of Job Order Contract (JOC) - South Bond Waiver (B/W). SUMMARY: Amendment No. 2 is a renewal to the JOC - South B/W which was awarded to All-Site Construction, Inc. The contractor will continue to perform as an Aannual general contractor@ for maintenance and capital projects. This is an indefinite-quantity contract and the renewal has a maximum value of $1,500,000. The renewal term is twelve months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of two (2) extensions allowed by the contract. The Small Business Enterprise (SBE) goal for the JOC Program is 15%. All-Site=s participation, for work orders issued-to-date, is 100%. All-Site Construction, Inc. is a certified SBE contractor. (FD&O Admin) Countywide (JM)
3. Staff recommends motion to approve: Amendment No. 2 to Contract (R2007-1099) with Robling Architecture Construction, Inc., to implement the second and final renewal of Job Order Contract (JOC) - South Bond Waiver (B/W). SUMMARY: Amendment No. 2 is a renewal to the JOC - South B/W which was awarded to Robling Architecture Construction, Inc. The contractor will continue to perform as an Aannual general contractor@ for maintenance and capital projects. This is an indefinite-quantity contract and the renewal has a maximum value of $1,500,000. The renewal term is twelve months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which will exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the second of two (2) extensions allowed by the contract. The Small Business Enterprise (SBE) goal for the JOC Program is 15%. Robling=s participation, for work orders issued-to-date, is 100%. Robling Architecture Construction, Inc. is a certified SBE contractor. (FD&O Admin) Countywide (JM)
4. Staff recommends motion to approve: Amendment No. 2 to Contract (R2007-0949) with M.A.C. Construction, Inc., to implement the second and final renewal of Job Order Contract (JOC) - Central. SUMMARY: Amendment No. 2 is a renewal to the JOC - Central which was awarded to M.A.C. Construction Inc. The contractor will continue to perform as an Aannual general contractor@ for maintenance and capital projects. This is an indefinite-quantity contract and the renewal has a maximum value of $2,500,000. The renewal term is twelve months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of two (2) extensions allowed by the contract. The Small Business Enterprise (SBE) goal for the JOC Program is 15%. M.A.C.=s participation, for work orders issued-to-date, is 20.7%. (FD&O Admin) Countywide (JM)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends motion to approve: Amendment No. 2 to Contract (R2007-0947) with Holt Contractors, Inc., to implement the second and final renewal of Job Order Contract (JOC) - North. SUMMARY: Amendment No. 2 is a renewal to the JOC - North which was awarded to Holt Contractors, Inc. The contractor will continue to perform as an Aannual general contractor@ for maintenance and capital projects. This is an indefinite-quantity contract and the renewal has a maximum value of $2,500,000. The renewal term is twelve months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the second of two (2) extensions allowed by the contract. The Small Business Enterprise (SBE) goal for the JOC Program is 15%. Holt Contractors Inc.=s participation, for work orders issued-to-date, is 100%. Holt Contractors, Inc. is a certified SBE contractor. (FD&O Admin) Countywide (JM)
6. Staff recommends motion to approve: Amendment No. 2 to Contract (R2007-0944) with H.A. Contracting Corp., to implement the second and final renewal of Job Order Contract (JOC) - North. SUMMARY: Amendment No. 2 is a renewal to the JOC - North which was awarded to H.A. Contracting Corp. The contractor will continue to perform as an Aannual general contractor@ for maintenance and capital projects. This is an indefinite-quantity contract and the renewal has a maximum value of $2,500,000. The renewal term is twelve months or until $2,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the first of two (2) extensions allowed by the contract. The Small Business Enterprise (SBE) goal for the JOC Program is 15%. H.A.=s participation, for work orders issued-to-date, is 20%. (FD&O Admin) Countywide (JM)
7. Staff recommends motion to approve: Amendment No. 1 to Contract with The BG Group, LLC (R2008-1055) to implement the first renewal of the annual demolition contract. SUMMARY: Amendment No. 1 is a renewal to the Annual ContractBDemolition which was awarded to The BG Group, LLC. The annual demolition contract is an indefinite-quantity contract and this renewal has a maximum value of $500,000. The renewal term is for twelve months or until $500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the first of four (4) extensions allowed by the contract. The Small Business Enterprise (SBE) participation goal for the contract is 15%. BG Group=s SBE participation for work orders issued to date is 76%. The BG Group, LLC. is a certified SBE contractor. (FD&O Admin) Countywide (JM)
8. Staff recommends
motion to approve: Amendment No.
1 to the annual Contract (R2008-1304) with Gartek Engineering Corporation for
professional consulting services. SUMMARY: Gartek Engineering
Corporation was selected to provide professional consulting services for annual
Mechanical, Electrical, Plumbing (MEP) services. The original contract provides for an initial
one (1) year term with two (2) - one (1) year renewal options. Amendment No. 1 will provide for services
during the first renewal period. Gartek
Engineering Corporation has a Small Business Enterprise (SBE) participation
goal of 100%. During the first year of the contract, Gartek Engineering
Corporation has achieved 100% participation. (Capital Improvements Division) Countywide
(JM)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
9. Staff recommends motion to approve: Amendment No. 2 to the annual Contract (R2007-1104) with Gentile, Holloway, O’Mahoney & Associates, Inc. for professional consulting services. SUMMARY: Gentile, Holloway, O’Mahoney & Associates, Inc. was selected to provide professional consulting services for property development evaluations. The original contract provided for an initial one (1) year term with two (2) - one (1) year renewal options. Amendment No. 2 will provide for services during the second and final renewal period. Gentile, Holloway, O’Mahoney & Associates, Inc. has a Small Business Enterprise (SBE) participation goal of 96%. During the first two (2) years of the contract, Gentile, Holloway, O’Mahoney & Associates, Inc. has achieved 100% participation. (Capital Improvements Division) Countywide (JM)
10. Staff recommends
motion to approve: Change Order No. 10 to the Contract (R2007-1507)
with West Construction, Inc., in the amount of $19,717.10 for Light Harbor Park
located in Riviera Beach. SUMMARY: Change
Order No. 10 provides for construction of a new, lighted monument sign. Change
Order No. 10 must be approved by the Board of County Commissioners because this
Change Order, when combined with previous approvals, would exceed the combined
fiscal authority of the Contract Review Committee and the Department
Director. This project is being funded
from a waterfront access bond. This work
was completed prior to this Change Order. The Small Business Enterprise (SBE)
goal for this project is 15%. West
Construction’s participation for this Change Order is 0% and when combined with
previous change orders, the total participation is 23.3%. (Capital Improvements
Division) District 7 (JM)
11. Staff recommends
motion to approve: Amendment No. 7 to the Contract with Moss
& Associates, LLC. (R2007-0031) for Construction Management Services for
the West County Palm Tran Maintenance Facility located on County property
adjacent to the West County Detention Facility for a Guaranteed Maximum Price
(GMP) in the amount of $5,726,930. SUMMARY:
On April 25, 2006, the Board
approved proceeding with Jail Expansion Program II. At the same time, the Board approved
proceeding with this Palm Tran Maintenance Facility. Co-locating and
concurrently designing and constructing these two (2) facilities benefits both
functionally and operationally. Previous
Amendments (1-6) provided for work associated with the Detention Facility. Amendment
No. 7 will provide a bus maintenance facility for Palm Tran at the West County
Detention Facility. Amendment No. 7 is funded through Federal Grants and
stimulus money from the Federal Government. The Disadvantaged Business
Enterprise (DBE) participation goal for this project is 10%. Moss & Associates will be providing 11.1%
DBE participation in this Amendment. The
duration of this work is 283 calendar days. (Capital Improvements Division) Countywide/District
6 (JM)
12. Staff recommends
motion to approve: Consultant
Services Authorization No. 5 to Architectural Continuing Services Contract with
Colome & Associates, Inc. (R2007-0392) in the amount of $194,985 for
architectural, engineering and construction administration services for Fire
Station No. 24 replacement. SUMMARY:
The project involves architectural, engineering, landscape and
irrigation design, and construction administration services for the replacement
of the existing fire station in Westgate.
The estimated cost is $1,800,000. Design of this project is being funded
from ad valorem taxes through the Fire Rescue Municipal Service Taxing Unit. The
Small Business Enterprises (SBE) participation for this work is 70%. When added to the Consultant’s participation
to date, the resulting SBE participation is 73%. The consultant’s goal is 70%. (Capital
Improvements Division) District 3
(JM)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: Amendment No.
1 to the annual Contract (R2008-1305) with BRPH Architects-Engineers, Inc. for
professional consulting services. SUMMARY: BRPH Architects-Engineers,
Inc. was selected to provide professional consulting services for Mechanical, Electrical,
Plumbing (MEP) services. The original
contract provided for an initial one (1) year term with two (2) - one (1) year
renewal options. Amendment No. 1 will
provide for services during the first renewal period. BRPH
Architects-Engineers, Inc. has a Small Business Enterprise (SBE) participation
goal of 20%. During the first year of
the contract, BRPH Architects-Engineers, Inc., as the only SBE subconsultant,
achieved 16% participation. (Capital
Improvements Division) Countywide (JM)
14. Staff recommends
motion to approve: Amendment No. 1 to the annual Contract (R2007-1105)
with The Weitz Company for construction management services. SUMMARY: The Weitz Company was selected to provide
construction management services associated with the design and construction of
various capital projects. These capital
projects may include new construction, additions, or renovations from $400,000
to $25,000,000. The original contract
provided for an initial two (2) year term with three (3) - one (1) year renewal
options. Amendment No. 4 will provide
for services during the first renewal period and add language to the contract
regarding the County’s policy for the use of preferences for evaluating
subcontractor bids for Small Business Enterprise (SBE) and local firms. The Weitz Company has an SBE participation
goal of 15%. During the first two (2) years
of the contract, The Weitz Company has achieved 0% participation as their
services provided during this contract term only included pre-construction
activities with limited SBE opportunities. (Capital Improvements Division) Countywide
(JM)
15. Staff recommends
motion to approve: Amendment No. 4 to the annual Contract (R2007-1217)
with Catalfumo Construction, Ltd., for construction management services. SUMMARY:
Catalfumo Construction, Ltd. was selected to provide construction management
services associated with the design and construction of various capital
projects. These capital projects may include new construction, additions, or
renovations from $400,000 to $25,000,000. The original contract provided for an initial
two (2) year term with three (3) – one (1) year renewal options. Amendment No. 4 will provide for services
during the first renewal period and add language to the contract regarding the
County’s policy for the use of preferences for evaluating subcontractor bids for
Small Business Enterprise (SBE) and local firms. Catalfumo Construction has an SBE
participation goal of 15%. During the
first two (2) years of the contract, Catalfumo Construction has achieved 19.6%
participation. (Capital Improvements Division) Countywide (JM)
16. Staff recommends motion to approve: a Sovereignty Submerged Lands Lease Modification (No. 500012026) (R96-869D) with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) to reconfigure the 32 boat slip marina, and reduce the lease area at Phil Foster Park. SUMMARY: The County leases 39,800 square feet (.91 acres) of sovereign submerged lands from TIITF for a 32-slip docking facility at Phil Foster Park. This Lands Lease Modification allows for six (6) of the thirty-two (32) boat slips to be installed as permanent docks with marine lifts to be used exclusively by the PBSO Marine Unit. The reconfiguration of the boat slips will decrease the lease area from 39,800 square feet (.91 acres) to 38,654 square feet (.89 acres) which results in a decrease of $163.74 to the annual lease fee. The Lands Lease Modification requires a $1,444.26 processing fee. The annual rent will be adjusted to $5,777.03. All other terms and conditions of the Submerged Lands Lease remain unchanged. All Lease fees, including any annual adjustments as may be required by State statutes, are budgeted by the Parks and Recreation Department under annual operating expenses for Phil Foster Park. (PREM) District 1 (HJF)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
17. Staff recommends motion to approve: a Declaration of Easement for water and sewer mains at the County-owned Airport Center complex in unincorporated West Palm Beach. SUMMARY: The Palm Beach County Water Utilities Department (PBCWUD) installed a new underground water main at the 100 Australian Avenue Building in the Airport Center complex, located at the northeast corner of Australian Avenue and Southern Boulevard in unincorporated West Palm Beach. An easement is needed for the new water main as well as reconciling all other previously-installed onsite water and sewer lines. All improvements associated with this easement are located underground. The easement is being granted to PBCWUD at no charge as it provides utility service to County facilities. The water main easement area is approximately 3,736 feet long and 20 feet wide and contains 74,730 square feet (1.72 acres) and the sanitary sewer main easement area is approximately 1,883 feet long and 20 feet wide and contains 37,675 square feet (0.86 acres) for a total area of 112,405 square feet (2.58 acres). The Declaration will be recorded to provide notice of the existence and location of the water and sewer lines and appurtenant facilities. (PREM) District 2 (HJF)
18. Staff recommends
motion to:
A) adopt a Resolution authorizing the extension of the term of the License Agreement (R2007-1103) with the Genealogical Society of Palm Beach County, Inc., and finding that the purpose of the First Amendment is promoting community interest and welfare, the space is required for such use and is not needed for County purposes; and
B) approve a First Amendment to License Agreement with the Genealogical Society of Palm Beach County, Inc. to provide for automatic renewals of the term of the License Agreement on a year to year basis, unless terminated by either party upon 180 days notice.
SUMMARY: On July 10, 2007, the Board approved a License Agreement with the Genealogical Society of Palm Beach County, Inc. d/b/a Palm Beach County Genealogical Society, for use of 1,719 sq. ft. of space in the County’s Main Library located at 3650 Summit Boulevard in the City of West Palm Beach. The current License Agreement will expire July 9, 2009. This First Amendment: (i) extends the term for one (1) year from July 10, 2009 through July 9, 2010, with automatic annual renewals thereafter, unless cancelled by either party upon 180 days notice; (ii) acknowledges that the correct square footage is 1,719 sq. ft.; (iii) modifies Section 3.05 of the License Agreement to prohibit discrimination against any individual based upon gender identity or expression; and (iv) updates the Notice provisions. The Genealogical Society will continue to pay a monthly service fee of $150 for utility and custodial costs. All other terms and conditions of the License Agreement remain unmodified. (PREM) District 2 (HJF)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
19. Staff recommends
motion to receive and file:
A) a notice of the merger of Trump International Golf Club II, L.C. into Trump International Golf Club, L.C., and
B) an amended Letter of Credit in the amount of $86,575.
SUMMARY: Trump International Golf Course is located at the southeast corner of Kirk Road and Gun Club Road in West Palm Beach and is operated on land leased from the County (R2002-1231). The Development Lease Agreement allows an assignment to any entity controlled by Donald Trump. On July 30, 2008, the County received notice that Trump International Golf Club II, L.C. had been merged into Trump International Golf Club, L.C., an entity controlled by Donald Trump. Additionally, the Development Lease Agreement requires tenant to provide a Security Deposit equal to three (3) months’ rent. The rental rate was adjusted in November 2008. As such, the initial Letter of Credit was amended to reflect an increase in the credit amount to $86,575, and was subsequently amended to reflect the County’s correct address. (PREM) District 2 (HJF)
20. Staff recommends motion to approve: Contract with GC Works, Inc. for the construction of the John Prince Park Campground Phase II improvements in the amount of $724,000. SUMMARY: This Contract will provide for water, sewer and electrical improvements within the John Prince Park Campground. This is the second phase of the upgrade program. The program replaces the existing septic system with connection to the City of Lake Worth sanitary system, upgrades to electric and water service. This project is being funded through a Florida Department of Environmental Protection grant and the $25 Million GO 2005 Parks and Cultural Improvements Bond Fund. The Small Business Enterprise (SBE) goal for this project is 15%. The GC Works, Inc. bid includes participation at 28.6%. The contract time is 180 calendar days to substantial completion. (Capital Improvements Division) District 3 (JM)
21. Staff recommends
motion to approve: Contract
with Brang Construction Incorporated in the amount of $1,665,000 for the
construction of Fire Station No. 32. SUMMARY: This Contract will provide for the
construction of a 8,700 square foot two (2) story fire station located at 4022
Charleston Street in Lake Worth and the staged demolition of the existing fire
station after the new station is completed. The project will be funded from the Fire
Rescue Municipal Service Taxing Unit. The Small Business Enterprises (SBE) goal
for this project is 15.0%. Brang Construction Incorporated will provide 28.5%. The contract time is 365 calendar days to
substantial completion. (Capital
Improvements Division) District 3 (JM)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to receive and file: two (2) Agreements in the amount of $2,482,200 with the West Palm Beach Housing Authority for the period of April 1, 2009, to January 31, 2010, under the 2005 Disaster Recovery Initiative Program - Supplemental Appropriation, for hurricane hardening at the Colony Oaks and Twin Lakes housing developments. SUMMARY: On April 23, 2008, Palm Beach County entered into an Agreement with the Florida Department of Community Affairs (DCA) to receive up to $19,568,569, for various projects to be funded under the 2005 DRI Program - Supplemental Appropriation. The two (2) Agreements provided herein are funded under this Agreement with DCA. The County Administrator executed these two (2) Agreements under the Authority approved by the Board of County Commissioners on September 11, 2007 (R2007-1524). These are Federal Community Development Block Grant funds which do not require local matching funds. Districts 6 & 7 (TKF)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff
recommends motion to receive and file:
A) an Agreement in the amount of $150,000, with the Village of Palm
Springs for the period of April 1, 2009, to August 15, 2009; and
B) an Agreement in
the amount of $1,500,000 with NOAH Development Corporation, for the period of
April 1, 2009, to August 15, 2009.
SUMMARY: On February 16, 2007, Palm Beach County entered into an Agreement
(R2007-1027) with the Florida Department of Community Affairs (DCA) to receive
up to $19,035,920, for various projects to be funded under the 2005 Disaster
Recovery Initiative Program. The two (2) Agreements provided herein are
funded under this Agreement with DCA.
The Agreement with the Village of Palm Springs provides funding for
water treatment plant and sewage lift station fencing, and the Agreement with
NOAH Development Corporation provides funding for hurricane hardening at
Covenant Villas and South Bay Villas.
The County Administrator executed these two (2) Agreements under the Authority
approved by the Board of County Commissioners on July 18, 2006 (R2006-1351). These
are Federal Community Development Block Grant funds that require no local
match. Districts 3 & 6
(TKF)
K. WATER
UTILITIES
1. Staff recommends motion to approve: a Potable Water and Wastewater Development Agreement with Willie H. Day and Frankie J. Day. SUMMARY: On February 28, 2006, the Board approved an Agreement (R2006-0410) with the Village of Royal Palm Beach (Village) for the purchase and sale of the Village’s potable water and wastewater utility. As part of that purchase the County assumed responsibility for certain active development agreements on properties contained within the Village’s former service area. One of those agreements required the property owner, Willie H. Day (Day), to install certain oversized potable water and wastewater facilities to serve adjoining properties. The Village and Day also entered into a refund agreement (Refund Agreement) requiring the Village to collect third-party reimbursements from owners of adjoining properties whose projects benefited from the oversized facilities and remit said third-party reimbursements to Day. Because the County has interconnected its pipelines with those installed by Day, it is impossible to identify which future projects would benefit solely from the oversized facilities and, subsequently, to determine the amount of the reimbursement associated with a project. Day and the Water Utilities Department desire to resolve this issue by applying the full amount of the reimbursement ($66,415) as a credit against certain fees associated with this Development Agreement, which relates to an adjoining parcel of property not encumbered by the original development agreement with the Village. These fees include Installation, Guaranteed Revenue, Connection, Plan Review, Inspection, and Franchise Fees. Any remaining balance may be assigned to a subsequent purchaser, but will not be refunded to Day. This Development Agreement replaces and supersedes the original Refund Agreement, and Day agrees to release the County from any liability related to the Refund Agreement. District 6 (MJ)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff
recommends motion to approve: Work
Authorization No. 10 to the Optimization and Improvements Design/Build Services with Globaltech,
Inc. (R2008-2323) for
Water Treatment Plant (WTP) No. 10 Membrane Improvement Construction in the
amount of $278,654. SUMMARY: On December 16, 2008, the Board approved the Water
Utilities Department Optimization and Improvements Design/Build Services Contract with Globaltech, Inc. for treatment
plant and regional pump station projects. This Work Authorization is a guaranteed maximum price for improvements at
WTP 10 which will increase the automation and ability to utilize the membrane
treatment without using the lime softening portion of the plant. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Globaltech,
Inc. provides for SBE participation of 75.00% overall. This Authorization includes 83.99% overall
participation. The cumulative SBE
participation, including this Work Authorization, is 69.87% overall. (WUD Project No. 08-074) Districts 5 & 6 (JM)
3. Staff recommends
motion to receive and file: five (5) Standard Development Agreements
complete with executed documents received during the months of March and May
2009:
Standard Development Agreements
A) Pine Ridge at Delray Beach Master Association,
Inc.
(Reclaimed/Lake Discharge) (District 5) 03-90009-000
B) William Mazzoni Revocable Trust (District
5) 05-01100-000
C) Town Commons Acquisition, LLC (District
3) 05-01101-000
D) William Mazzoni Revocable Trust (District
5) 05-90022-000
(Reclaimed/Direct
Discharge)
E) Minto Communities, LLC (District
6) 13-01023-000
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)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
A) Change Order No. 1 to Winding Waters Natural Area Wetland
Creation Contract (R2009-0320) with J.W. Cheatham, LLC, to extend the Contract
Time by 21 days and increase the Contract Amount by $296,208;
B) Budget Transfer of $200,000 from the Natural Areas Reserves Fund
to the Environmental Resources Capital Fund; and
C) Budget Amendment of $200,000 in the Environmental Resources
Capital Fund to recognize the transfer from the Natural Areas Fund to provide
additional funding for the Contract.
SUMMARY: A minor change to the wetland configuration will increase the amount of fill excavated from the site and delivered to the Solid Waste Authority (SWA) by 115,200 tons. Additional erosion control and minor lump sum work items are also being added to the Contract. No additional SBE participation is anticipated, but the contract total remains above 16%. This Change Order will increase the Contract Time to 532 days and the Contract Amount to $5,491,924. The Contract is funded by the Natural Areas Fund, a Non-Ad Valorem source. District 7 (SF)
2. Staff recommends motion to approve: Work Order No. 1666-03 to Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) with Eastman Aggregates Enterprises, LLC (Eastman) (Primary) in the amount of $438,440 to provide restoration services for the Ibis Isle Restoration Project. SUMMARY: The BCC approved the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) on September 23, 2008. Work Order No. 1666-03 authorizes Eastman to complete the capping and excavation portion associated with the Ibis Isle Restoration Project. The work order is funded by grants through the Lake Worth Lagoon Partnership Program (R2007-2279) and Legislative Appropriation for the Sediment Management Project (R2009-0574). There is 29.64% Small Business and Minority Business Enterprise (SBE-MBE) subcontractor participation on this Work Order. Eastman committed to an overall 16.14% SBE-MBE participation for this Contract and has achieved 28.82% to date. District 7 (SF)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve State of Florida Department of Transportation Local Agency Program Agreement (Agreement) in an amount not to exceed $1,250,000 for reimbursement of construction costs of Bluegill Trail from Riverbend Park to Sandhill Crane Park (FM No. 423809-1-58-01);
B) approve Budget Amendment of $1,250,000 in the Environmental Capital Projects Fund; and
C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: The Agreement will encumber $750,000 in Florida Stimulus Scenic Enhancement funds from the American Recovery and Reinvestment Act and $500,000 in Florida Department of Transportation (FDOT) Transportation Enhancement program funds to reimburse the cost of constructing the bicycle/pedestrian portion of the Northeast Everglades Natural Area (NENA) Bluegill Trail. The project includes a 5.5 mile-long, ten-foot wide crushed concrete trail, a steel and concrete bridge over the canal C-18E, a chickee shade shelter and informational signs. No County match is required. The trail connects the City of Palm Beach Gardens Sandhill Crane Access Park to Riverbend Park utilizing the eastern levee of the South Florida Water Management District (SFWMD) canal C-18E to traverse the Loxahatchee Slough Natural Area. The Agreement will expire December 31, 2011. Specific federal requirements for contract bidding and job reporting apply. District 1 (JMB)
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 Boynton Beach
Community High School for the period November 1, 2008, through June 30, 2009,
in an amount not-to-exceed $2,430 for funding of a student trip to Washington,
D.C. 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 3
Funds. District 3 (AH)
2. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Lake Worth Community High School for the
period January 1, 2009, through September 30, 2009, in an amount not-to-exceed
$1,000 for funding of Project Graduation 2009. 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 3 Funds. District
3 (AH)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
3. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for W.T. Dwyer Community High School ($1,907),
Jupiter Community High School ($1,907), and Palm Beach Gardens Community High
School ($1,907) for the period January 1, 2009, through September 30, 2009, in
an amount not-to-exceed $5,721 for funding of Project Graduation 2009. 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 1 Funds. District 1 (AH)
4. Staff recommends
motion to receive and file: First Amendment to Agreement (R2009-0439) with Inlet Grove Community
High School, Inc. for a student trip to Washington, D.C., to expand the project
timeframe from January 15, 2009, through March 30, 2009, to December 4, 2008,
through April 15, 2009, and to extend the term of the Agreement from June 30,
2009, to July 15, 2009. Summary: This fully executed First Amendment to
Agreement expands the project timeframe for the Inlet Grove Community High
School student trip to Washington, D.C., to accommodate dates of actual
payments made for the trip and to allow sufficient time to complete the
reimbursement process. All other terms of the Agreement, including the funding
amount of $13,650, remain the same.
Funding for the project is from the Recreation Assistance Program (RAP)
District 7 Funds. District 7 (AH)
5. Staff recommends
motion to approve: Agreement
with the Town of Lantana for the
period June 16, 2009, through October 31,
2009, in an amount not-to-exceed $14,000 for operational costs for the Lantana
Sports Complex. Summary: This funding is to offset the cost of
operational expenses for baseball fields at the Lantana Sports Complex. The
baseball fields serve approximately 960 users on a regular basis. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to April 1, 2009. Funding is from the Recreation Assistance
Program (RAP) District 3 Funds. District 7 (AH)
6. Staff recommends
motion to approve:
A) Interlocal Agreement with the Town of Lantana for the period June 16,
2009, through June 15, 2012, in an amount not-to-exceed $300,000 for funding of
Sportsman’s Park improvements; and
B)
Budget Transfer of $300,000 within the $50M GO ‘05 Waterfront Access
Bond from Jaycees Park Boat Docks to Town of Lantana Sportsman’s Park.
Summary: This Interlocal Agreement
provides funding for construction of three sets of docks at Sportsman’s Park,
which is located on Ocean Avenue in Lantana.
The Interlocal Agreement allows for the reimbursement of expenses incurred
subsequent to November 2, 2004. Funding
is from the 2004 $50 Million GO Waterfront Access Bond referendum. District 4 (PK)
7. Staff recommends
motion to approve: Agreement
with Fun Time Racing, Inc. for the period June 16, 2009, through August 31,
2009, in an amount not-to-exceed $2,000 for the purchase of uniforms and
equipment. Summary: This funding is to assist with the
cost of uniforms and equipment for participants in the Fun Time Racing, Inc.’s
BMX program. Approximately 30 children and youth take part in this athletic
program. The Agreement allows for the reimbursement of eligible project costs
incurred subsequent to December 1, 2008. Funding is from Recreation Assistance
Program (RAP) District 6 Funds. District 6 (AH)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to approve:
A) Agreement with the City of Pahokee for the
period June 16, 2009, through July 30, 2009, in an amount not-to-exceed $20,000
for funding of City Recreation Complex parking improvements;
B) a Budget Transfer of $20,000 in the
Transportation Improvement Fund from Reserve for District 6 to the County
Transportation Trust Fund;
C) a Budget Transfer of $20,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D)
a Budget Transfer of $20,000
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
E)
a Budget Amendment of $20,000
in the Park Improvement Fund increasing the annual transfer from the General
Fund and increasing the appropriation to the District 6 Recreation Assistance
Program.
Summary: This funding is to offset the cost of the
City of Pahokee’s completed City Recreation Complex Parking Improvements
project. The Agreement allows for the reimbursement of eligible project costs
incurred by the City of Pahokee subsequent to October 1, 2008. These budget transfers and budget amendment increase
the gas tax support and decrease the ad valorem support of the County
Transportation Trust Fund, thereby allowing for the allocation of $20,000 from
available ad valorem support to the District 6 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. With approval
of this allocation, the remaining balance available in transfers for District 6
for FY 2009 is $180,000. District 6 (AH)
9. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received
during the month of May:
A) Building Up Sports Academy,
Summer Camps, Various Locations;
B) Elaine Williamson, Water
Exercise Instructor, Therapeutic Recreation Complex;
C) Valerie Bell, Crafts & Fun,
West Jupiter Recreation Center;
D) Valerie Bell, Crafts & Fun,
West Jupiter Recreation Center; and
E) Michelle Kirkon, Literacy
Enrichment, West Jupiter Recreation Center.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The
Independent Contractor 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. Countywide (AH)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to approve: the
Fourth Amendment to the Interlocal
Agreement (R2007-0332) with Florida State University for the third year
evaluation of the Youth Violence Prevention Project extending the term from
June 23, 2009, to June 22, 2010 in an amount not to exceed $100,000, for a
total agreement amount of $300,000. SUMMARY: On February 27, 2007, the Board of County Commissioners approved the Criminal
Justice Commission to develop a
comprehensive evaluation of the Youth Violence Prevention Project, including
the commitment to participate from Florida State University’s Center for
Criminology and Public Policy Research. On April 28, 2009, the second year
evaluation was presented to the Board of County Commissioners. Countywide
(DW)
S. FIRE
RESCUE
1. Staff recommends
motion to receive and file: one
(1) original standard Interlocal Agreement for Swimming Lessons with the Village
of Wellington. SUMMARY: On September 27, 2005, the Board adopted
Resolution No. R2005-1906 authorizing the County Administrator, or his designee
(the Fire Rescue Administrator) to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program. Pursuant
to Countywide PPM CW-O-051, one (1) standard County agreement that has been
executed by the County Administrator, or his designee (the Fire Rescue
Administrator) is being submitted as a receive and file agenda item for the
Clerk’s Office to note and receive. Countywide (PK)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends motion to approve: Task Order No. 2 to the License Agreement with Pictometry International Corporation (R2007-1010 and R2007-1011) to exercise a two (2) year renewal option for new imagery at a cost of $279,110. SUMMARY: Task Order No. 2 to the Pictometry License Agreement is to exercise the first of two (2) – two (2) year renewal options as set forth in the original contract. A Cooperative Agreement with the Sheriff’s Office, Property Appraiser’s Office and Palm Beach County Board of County Commissioners was approved on June 19, 2007, along with the Pictometry contract approval. The discounted cost for the two (2) year renewal agreement under Task Order No. 2 is shared one third by each party in the amount of $46,518 for year one, and the same amount in year two. Additional cost sharing is being pursued with local municipalities. Countywide (PK)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to:
A) approve the Memorandum of Agreement with the City of Miramar,
a municipal corporation of the State of Florida, as fiscal agent for Ft.
Lauderdale Urban Area Security Initiative (UASI) to receive an additional
$146,685 from FY 2007 UASI grant funding effective through April 30, 2010;
B) approve a Budget Amendment of $146,685 in the Emergency Management Grant Fund to
establish the grant budget; and
C) approve a Budget Amendment of $10,000 in the Water Utilities
Department Operations & Maintenance Fund to establish grant budget.
SUMMARY: This Agreement
provides a means of funding various domestic security activities within the
County using federal UASI funds through the City of Miramar as the Ft.
Lauderdale UASI’s fiscal agent. The UASI had awarded the County $412,745 from
FY 2007 Federal funds. The UASI is providing
an additional $146,685 from the FY 2007 Federal funds based on risk assessment
models. The funds will be used to
support and strengthen the County’s ability to plan for, and respond to, acts
of terrorism. Resolution R2006-2669
authorizes the County Administrator or his designee to execute UASI related
contracts on behalf of the Board. No
County match is required. Countywide (GB)
2. Staff recommends
motion to:
A) approve the Memorandum of Agreement with the City of Miramar, a municipal
corporation of the State of Florida, as fiscal agent for Ft. Lauderdale Urban
Area Security Initiative (UASI) to receive $451,337 in reimbursable grant
funding for various non-law enforcement oriented domestic security activities
within Palm Beach County effective through May 31, 2011;
B) approve a Budget Amendment of $451,337 in the Emergency Management Grant Fund to
recognize the grant award;
C) approve a Budget Amendment of $65,625 in the Fire-Rescue MSTU Fund to establish
Fire-Rescue’s grant budget;
D) approve a Budget Amendment of $35,000 in the General Fund to establish Medical
Examiner’s grant budget; and
E) approve a Budget Amendment of $61,973 in the Water Utilities Department Operations
& Maintenance Fund to establish Water Utilities grant budget.
SUMAMRY: This Agreement
provides a means of funding various domestic security activities within the
County using federal UASI funds through the City of Miramar as the Ft.
Lauderdale UASI’s fiscal agent. The UASI awarded $451,337 to the County, which
will be used to fund fire, health, emergency management, and other approved
anti-terrorism activities. The Sheriff’s Office received an equivalent amount
of $451,337 to fund direct law enforcement activities. The total funds awarded
to Palm Beach County by the UASI ($902,674) represent 14.6% of the Ft.
Lauderdale UASI grant of $6,191,025. Future funding will be determined based on
a competitive need process. Resolution R2006-2669 authorizes the County
Administrator or his designee to execute UASI subgrant contracts on behalf of
the Board. No County match is required.
Countywide (GB)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to:
A) approve the filing of the FY 2009 Section 5307
Federal Transit Administration (FTA) Grant Application for capital funds
allocated to Palm Beach County in the amount of $15,573,915;
B) authorize the
Palm Tran Director or Assistant Director through the County Administrator to
execute, on behalf of the Board of County Commissioners, and to transmit
electronically the Board’s approval of the 5307 grant award, and
C) approve an upward Budget Amendment
of $3,823,915 in the Palm Tran Grants Fund to reconcile the FY 2009 budget to
the actual grant award, pending grant award.
SUMMARY: The FY 2009 allocation of federal funds for
the Miami Urbanized Area, which includes Palm Beach County, is $105,578,879. The funds are split between Miami Dade,
Broward, South Florida Regional Transportation Authority, and Palm Beach
County. The grant will fund capital
items necessary for the continued operations of the Palm Tran system: 1) replace buses that have reached
their useful life or the acceptable period of use in service; 2) replace support
vehicles that have reached their useful life or the acceptable period of use in
service; 3) paratransit American’s with Disabilities Act service; 4) capitalized maintenance items; 5) transit security
projects; 6) metropolitan planning, surveys to update Transportation
Development Plan and Title VI Program; 7) shop equipment; 8) Management
Information System equipment; 9) miscellaneous support equipment; 10) minor facility
renovation projects; 11) lease for CONNECTION facilities; 12) preventive maintenance;
13) employee education and training; 14) complete transit enhancements
to improve fixed route access. The grant
requires a 20% local match. Palm Tran
has requested approval from the Florida Department of Transportation for the
use of toll revenue credits as the required local 20% match of the federal
dollars for the capital funds.
Therefore, the projects budget lists the capital projects at 100% cost
for the federal share. No County funds
are required. Countywide (DR)
2. Staff
recommends motion to:
A) approve the filing of the FY 2009 Section 5309
Federal Transit Administration (FTA) Grant Application for capital funds in the
amount of $2,646,530;
B) authorize the
Palm Tran Director or Assistant Director through the County Administrator to
execute, on behalf of the Board, and to transmit electronically the Board’s
approval of the 5309 grant award;
C) approve an upward Budget Amendment
of $565,150 in the Palm Tran Grants Fund to reconcile the FY 2009 budget
to the actual grant award, pending grant award; and
D) approve an upward Budget Amendment of $790,020 in
the Public Building Improvement Fund to reconcile the FY 2009 budget to
the actual grant award, pending grant award. (Palm Tran)
Summary: For FY 2009 Congress earmarked $2,646,530
for the following specific projects: 1) purchase of buses ($1,325,080); 2) purchase of a Vehicle Locator and
Passenger Counter (AVL-APC) System ($56,430); 3) transit facility in Belle
Glade ($790,020); and park and ride facilities in Palm Beach County ($475,000). Palm Tran has requested approval from
the Florida Department of Transportation for the use of toll revenue credits as
the required local 20% match of the federal dollars for the capital funds. Therefore, the projects budget lists the
capital projects at 100% cost for the federal share. No County funds are required. Countywide
(DR)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
3. Staff recommends
motion to approve: Interlocal Agreement with the Martin County Board of
County Commissioners, for a total not to exceed $407,000, for the design,
permit and construction of a Park and Ride Facility as funded by the Florida
Department of Transportation (FDOT) to serve the customers of the upcoming I-95
Commuter Express service for the period June 16, 2009, through December 31,
2029. Summary: FDOT awarded Palm Beach County funds to
implement I-95 Express Bus service from Stuart to West Palm Beach, and to
construct park and ride lots which will facilitate this service. Per the Joint
Participation Agreement (JPA) with FDOT (R2008-2248) funds may be used for
planning, design, engineering, construction, and inspection of park and ride
lots related to this project. FDOT has
approved the project and location of a park and ride facility in Martin County,
to be built by Martin County, and to receive 100% reimbursement funding for
this project up to $407,000 from the JPA awarded to Palm Beach County. Martin County is responsible for the
operation and maintenance of the facility.
No local match was required for the funding from FDOT. Countywide
(DR)
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Amendment of $93,767 in the General Fund
for additional services provided by the Palm Beach County Sheriff's Office to the
Village of Wellington for the period May 1, 2009, through September 30, 2009. SUMMARY: The Budget Amendment includes the cost
for two (2) additional Deputies as set forth in the renewal to the contract
between the Palm Beach County Sheriff's Office and the Village of Wellington,
effective May 1, 2009. The annualized
cost of this increased service level is $225,041 for FY 2009. These positions are not included in the
proposed FY 2010 budget. Once negotiated, the increase to the contract for FY
2010 will be presented to the Board in the first quarter of 2010. No County funds are required. Countywide
(DW)
JUNE 16, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to approve: a Budget Transfer of $125,000 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2009 estimated donation requirement is $160,462.
The funds are requested to aid qualified organizations that meet the
requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The current State LETF balance is $1,908,661.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,783,661. The year-to-date transfer for all donations
after approval of this item is $888,594.
The PBSO certifies that the use of these funds is in accordance
with F.S. 932.7055. Below is a table
indicating the organizations the PBSO seeks to fund and the corresponding
amount of funding proposed per respective agency. No new positions are needed and no additional
County funds are required. Countywide (DW)
Organization Amount
211
Palm Beach/Treasure Coast, Inc. $
20,000
Area
Agency on Aging Palm Beach/Treasure Coast, Inc. $
15,000
Humane
Society of Greater Jupiter Tequesta, Inc. $
25,000
NOPE
Task Force, Inc. $
10,000
Redemptive
Life Urban Initiative Corp. $
25,000
The
ARC of Palm Beach County Foundation, Inc. $
25,000
The Public Safety & Crime Prevention
Steering Committee
of
the National League of Cities $ 5,000
Total Amount of Donations $125,000
* * * * * * * * * * * *
JUNE 16, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
CONTINUED FROM MAY 19, 2009
A. Staff recommends
motion to adopt: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Palm Beach County Code, Section 6-21 through 6-23, codifying Palm Beach County
Ordinance No. 95-51, pertaining to certain vessels in the Loxahatchee River, to
include certain vessels in Little Lake Worth; amending Section 6-21,
Declaration of Legislative Intent; amending Section 6-22, Definitions; amending
Section 6-23, Prohibitions; providing for repeal of laws in conflict; providing
for severability; providing for inclusion in the code of laws and ordinances;
providing for enforcement; providing for penalty; providing for captions; and
providing for an effective date. SUMMARY:
Residents of Palm Beach County have raised health, safety, and other concerns
with regard to people living in boats in the Little Lake Worth area of the Lake
Worth Lagoon. Accordingly, the Board of
County Commissioners directed staff to draft an amendment to Ordinance 95-51 to
prohibit the use of boats as living quarters and restricting commercial
activity on boats in Little Lake Worth. Countywide (SF)
B. Staff recommends motion to adopt: a Resolution expanding the Dubois Park Historic District by adding the Susan Dubois Kindt parcel and designating the Pineapple Shack as historic. SUMMARY: The Resolution will authorize adding the Susan Dubois Kindt Estate property to the existing DuBois Park Historic District, located just west of DuBois Road on the south side of Jupiter Inlet. Staff recommends the Pineapple Shack be the only structure designated historic. The Historic Resources Review Board (HRRB) recommends that two (2) structures, the Pineapple Shack and a large rental cabin be designated historic. Parks and Recreation has determined that designating both of the structures would create a financial burden. The Pineapple Shack is likely the oldest wood frame building in the County. Therefore, the County Archaeologist does concur with Parks and Recreation that the Pineapple Shack should be the structure saved in lieu of the rental cabin. This property has been recommended by the County’s HRRB. If designated, this resource would be added to the existing Dubois Park Historic District on Palm Beach County Register of Historic Places. In addition, any alterations, demolition, renovations or other construction activity would require approval of a “Certificate of Appropriateness” and/or a “Certificate To Dig” from the County Archaeologist. District 1 (RB)
C. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 27, Article IV of
the Palm Beach County Code (Wastewater
Facilities Use Ordinance); amending certain provisions for consistency
with changes to the Florida Administrative Code and Department name changes;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; and providing for an
effective date. SUMMARY: The Florida
Department of Environmental Protection conducted a Pretreatment Program Audit
of the Water Utilities Department’s pretreatment program. Part of the audit was
the review of the Wastewater Facilities Use Ordinance (Ordinance), codified at
Chapter 27, Article IV of the Palm Beach County Code, for legal sufficiency.
This Ordinance gives the Water Utilities Department the authority to administer
the pretreatment program. The program’s objectives are to prevent the
introduction of pollutants to the wastewater collection system that if
inadequately treated, can endanger the wastewater treatment process, plant
operators, transmission workers, and the public with harmful pollutants. In
addition, the program improves the opportunity for the utilities to improve the
quality of reclaimed water, domestic wastewater sludge and promote the
preservation and enhancement of the regional ecosystem. The changes to the
Ordinance include updating references to certain renumbered or deleted
provisions of the Florida Administrative Code, and a name change of the Florida
Department of Health and Rehabilitative Services to the Florida Department of
Health. Countywide (MJ)
JUNE 16, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
D. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida
granting to Florida Power & Light company, its successors and assigns, an
electric franchise in the unincorporated areas of Palm Beach County, Florida;
imposing provisions and conditions relating thereto; providing for monthly
payments to Palm Beach County, and providing for an effective date. SUMMARY:
This Ordinance provides for a new Franchise Fee agreement with Florida Power
& Light (FPL) for unincorporated Palm Beach County decreasing the maximum
rate from 6% to 5.9% and changing the method of calculating the Franchise Fee
by eliminating the consideration given for taxes FPL pays to the County and
certain other taxing authorities. Under the current agreement, after the
off-set for taxes paid, FPL pays an effective rate of 4.2%. As significant new
property taxes will be due from the completion of the new plant at 20 Mile Bend
and rehabilitation of the Riviera Beach plant, the off-set for taxes paid will
increase resulting in less Franchise Fee revenue to the County. By eliminating
the consideration for taxes paid by FPL from the calculation and lowering the
maximum rate to 5.9%, the effective rate will increase from 4.2% to 5.9% and
result in an $11 million increase in Franchise Fee revenue to the County. This
additional revenue is included in the proposed FY 2010 budget. FPL passes this
rate onto its customers in the unincorporated area - the average residential
FPL bill will increase $2.80 per month. If no change is made to the
existing agreement: 1) except
for increases or decreases in electric usage, Franchise Fee revenue will
decline as the amount of property taxes FPL pays increases; and 2) $11 million will need to be cut from
the proposed FY 2010 budget. Unincorporated Palm Beach County
(RPB)
E. Staff recommends
motion to:
A) adopt a Resolution determining that the transfer of certain utility assets to
the Glades Utility Authority (GUA) is in the public interest, as required under
Section 125.3401, Florida Statutes;
B) approve an Interlocal Agreement with the City of Belle Glade, the City of
Pahokee, and the City of South Bay for the establishment of the GUA;
C) approve a Transition Agreement with the City of Belle Glade, the City of Pahokee,
and the City of South Bay; and
D) appoint Shannon LaRocque-Baas and Jimmy
Beno as County members of the GUA Board and Michael Jackson as the County
member of the GUA Board who must be a resident of the GUA service area.
SUMMARY: This Interlocal Agreement will establish the
GUA pursuant to Chapter 163, Florida Statutes. The GUA is a regional
partnership established for the purpose of providing water, wastewater, and
reclaimed water services to the residents of Belle Glade, Pahokee, and South
Bay and surrounding areas in an efficient and fiscally responsible manner. Under the Agreement, the GUA will assume the
existing utility debt of the cities, establish sustainable financial policies,
assume ownership of all utility assets, including the Lake Region Water
Treatment Plant (LRWTP) and the Belle Glade wastewater plant, rehabilitate the systems, correct regulatory
violations, improve revenue collections, and decrease costs through economies
of scale. The Agreement provides for a
Governing Board of seven (7) members, one (1) each from Pahokee and South Bay,
two (2) from Belle Glade, and three (3) from the County, each of whom shall be
appointed by their respective entity, except that one (1) member appointed by
the County must be a resident of the service area. No elected officials may be appointed to the
Board. Initially, the Board members from
the three (3) Cities and the resident of the service area appointed by the
County shall have one (1) vote and each of the other County members shall have
two (2) votes each. The voting will
change after five (5) years provided that the system has had two (2) consecutive
years generating sufficient revenue to pay all expenses, has met all debt
service requirements, has been in substantial compliance with all material
health and environmental laws, all indebtedness related to the County System
has been assumed, refinanced, or paid by the Authority, and any debt incurred
by the County as a backup pledge for the GUA has been retired. (Continued on Page 33)
JUNE 16, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
E. SUMMARY:
(Continued)
When these conditions have been
met, each Board member thereafter will have one (1) vote, provided that one (1)
vote from a County appointee would be required for passage of any resolution or
motion. An Executive Director will be
appointed by the GUA Board. The Water
Utilities Department’s financial consultants have developed a Business Plan
that illustrates the financial feasibility and sustainability of the proposed
authority.
Initially,
the Agreement provides for the GUA to contract with the County to provide all
utility services, and all City utility employees would become employees of the
County, provided that they meet minimum hiring requirements. Transferred employees would be subject to the
same probationary status as any County new hires. The Agreement further requires the GUA to
pay an annual host franchise fee to the three (3) Cities of 7% of the GUA’s
gross revenues from within each Cities’ service area. It also commits the County to a backup pledge
in an amount not to cumulatively exceed $10 million for start-up capital or
other operating requirements plus a backup pledge for State Revolving Fund
Loans. As conditions precedent to
establishment of the GUA on October 1, 2009, the following must be met by
August 1, 2009: (1) The existing State
Revolving Fund (SRF) loans of the Cities that are assumed by the GUA must be
restructured for a 30-year term with the first five (5) years interest only
with an interest rate not exceeding 4½%; (2) at least $1 million in grant/loan
(85%/15%) stimulus funding from the American Recovery and Reinvestment Act of
2009 to fund system improvement projects; (3) the GUA receives a $10 million bank loan
with level principal and interest payments for a 10-year term with interest not
exceeding 6%; and (4) verification that the combined utility operating revenue
of the three cities is equal to or greater than 90% of baseline revenues
($13,467,000) for the period May 1, 2008, through April 30, 2009, as assumed in
the Business Plan. The State has
indicated a willingness to restructure the SRF loans, and Federal stimulus
funds have been approved for the GUA for capital improvements in South Bay
($724,126 grant; $67,874 loan) and Pahokee ($4,535,268 grant; $976,302
loans). Appointments to the GUA Board at
this time are necessary to ensure that the Board is in place to secure the
grant funds. Also, the Florida
Department of Environmental Protection has prepared a draft consent order that
will allow the GUA to address previous enforcement actions against the Cities
over a 10-year period. The Transition
Agreement sets forth the details for transferring assets, customer accounts,
and employees, and provides for cooperation and exchange of information needed
for a smooth transition. Countywide
(MJ)
* * * * * * * * * * * *
JUNE 16, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to:
A) adopt a Resolution by the Board of County
Commissioners of Palm Beach County, Florida, authorizing the submittal of an
Energy Efficiency and Conservation Block Grant (EECBG) Program application in
the amount of $6,587,600 to the United States Department of Energy National
Energy Technology Laboratory; and
B) authorize the County Administrator or his designee to
sign all applications and documents that do not change the scope of work, or
terms and conditions of the Agreement, if the grant is approved.
SUMMARY:
The American Recovery and
Reinvestment Act of 2009, Public Law 11-5, appropriated funding for the Department
of Energy to issue/award formula-based grants to states, U.S. territories,
units of local government, and Indian tribes under the EECBG Program. Funds awarded must be obligated/committed
within an 18-month period and expended within 36 months. Palm Beach County’s formula-based grant
totaling $6,587,600 will encompass the following eligible energy efficiency and
conservation project activities: Water Utilities Department’s Digester Biomass
Gasification project at the Southern Region Water Reclamation Facility ($1.2
million), Facilities Development & Operations Dept.’s HVAC for the
Emergency Operations Center ($1.5 million), Parks and Recreation Department’s
Green Generation Lighting at John Prince, Okeeheelee and Lake Lytal Parks
($1,125,000), Engineering’s Traffic Signal Synchronization for four (4) streets
($200,000), Environmental Resources Management’s Solar Powered Gates for
natural areas ($175,000), Economic Development Office’s Energy
Efficiency/Conservation Competitive Grants for Governmental Organizations
($650,000), Revolving Loan Fund and Seed Capital Program for merging Green
Technology Companies and Energy Efficiency Projects ($1.3 million) and
Administration costs ($437,600). Countywide (DW)
TIME CERTAIN 10:00 A.M.
2. Staff recommends
motion to receive and file: a Presentation by Workforce Alliance, Inc.
(Alliance) on the $9,267,472 in American Recovery and Reinvestment Act (ARRA)
Stimulus funds allocated for Palm Beach County Workforce. SUMMARY: The ARRA of 2009 appropriated funding under
the Workforce Investment Act (WIA) in the amount of $121,442,223 for the State
of Florida. Of this amount, $9,267,472
is appropriated for Palm Beach County.
Of this amount, $1,414,011 is to be allocated for adult funding;
$3,022,987 is to be allocated for youth funding; and $4,830,474 is to be
allocated for Disclosed Worker Funding.
This presentation will highlight the specific programs to be implemented
by Alliance. Countywide (TKF)
B. CommunIty Services
1. Staff recommends
motion to receive and file: a status report on the implementation of
the Ten-Year Plan to End Homelessness in Palm Beach County. Summary: On September 23, 2008, the Board of County
Commissioners approved the Ten-Year Plan to End Homelessness, a strategic
planning document containing 63 specific goals and action steps designed to
address and end homelessness in Palm Beach County. The Homeless Advisory Board is accountable for tracking and reporting the
progress in achieving the goals and objectives outlined in the strategic
plan. Each of the action steps was
assigned to one of seven (7) committees: Policy and Legislation, Housing,
Community Outreach and Public Awareness, Program Planning, Funding, Facilities,
and Strategic Planning for planning and implementation. The status report documents current
progress in implementation of the Plan. Countywide (TKF)
JUNE 16, 2009
5. REGULAR
AGENDA
C. COUNTY ATTORNEY
1. Staff recommends
motion to approve
on preliminary reading and advertise
for public hearing on July 21, 2009 at 9:30 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Section 2-41, Subsection (c)(1) of the Palm
Beach County Code, Amending Certain Provisions of the Palm Beach County
Investment Ordinance related to the conduct of Investment Policy Committee
meetings, providing attendance requirements for committee members and providing
for removal of committee members; providing for severability; providing for
inclusion in the Code of Laws and Ordinances; and providing for an effective
date. SUMMARY: The Investment Policy Committee recommends that the Board amend the Palm
Beach County Investment Ordinance, Section 2-41, Subsection (c)(1), of the
County Code to provide that the Vice Chairperson of the Investment Policy
Committee will conduct the meeting whenever the Chairperson is absent. The amendment also sets attendance
requirements for Committee members in accordance with Board policy and provides
for removal of Committee members. Countywide
(PFK)
2. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving the issuance of Educational Facilities Revenue Bond (Lynn University Project) Series 2009 (“the Bond”) in an amount not to exceed $5,500,000 by the Palm Beach County Educational Authority (the “Authority”). SUMMARY: The proceeds of the Bond will be used by the Authority to make a loan to Lynn University, Inc. to acquire, construct and improve certain new property, to provide improvements to the existing post-secondary educational facilities of the University and to refinance debt incurred for such purposes. Approval by the Board is required by the Internal Revenue Code, however, adoption of this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. District 5 (PFK)
D. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on July 21, 2009 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Plan and revised list of projects contained in Exhibit “A”; implementation of the Plan; modification of Plan; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date. SUMMARY: This is the Mid Year Adjustment of the County’s Five Year Road Plan which is required to be considered each year by the Five Year Road Program Ordinance. Exhibit “A” to the Ordinance is a list of proposed projects for the next five years and contains certain changes and modifications. This list is submitted for Board of County Commissioners (Board) consideration on preliminary reading today, with the final list to be approved with the Ordinance at public hearing on Tuesday, July 21, 2009. Countywide (MRE)
JUNE 16, 2009
5. REGULAR
AGENDA
E. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
July 21, 2009 at 9:30 a.m.: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
to be known as the Palm Beach County Petroleum Contamination Cleanup Criteria
Ordinance; repealing Palm Beach County Code, Sections 11-291 through 11-311
(Ordinance No. 2003-021); providing for a short title and applicability;
providing for authority; providing for a purpose; providing a supplement to
federal and state law; providing for definitions; providing for adoption of
Florida Administrative Code by reference; providing for violations,
enforcement, penalties; providing for repeal of laws in conflict; providing for
savings clause; providing for severability; providing for inclusion in the code
of laws and ordinances; providing for an effective date. SUMMARY: This Ordinance replaces Countywide
Ordinance No. 2003-021 which was approved by the Board of County Commissioners
on May 20, 2003 and the Department of State on May 23, 2003. The new Ordinance adopts State regulations
for Petroleum Contamination Site Cleanup Criteria, Chapter 62-770, Florida
Administrative Code (F.A.C.), and the Contaminant Cleanup Target Levels,
Chapter 62-777, F.A.C., into a County ordinance allowing existing language and
future revisions by the State to be automatically adopted by reference. The most current amendments to Chapter
62-770, F.A.C., are incorporated by reference.
Reference to Chapter 62-777, F.A.C., is being adopted for the first
time. In accordance with PPM No. CW-O-041 (Countywide Ordinances: Applicability
and Notification to Municipalities), a copy of the new Ordinance was forwarded
to the Director of Public Affairs for their processing. Also in accordance with PPM No. CW-O-041, the
new Ordinance was presented to the Palm Beach County League of Cities
Environmental Subcommittee on February 11, 2009 and approved by the League’s
General Membership on March 25, 2009. Countywide (SF)
JUNE 16, 2009
5. REGULAR
AGENDA
F. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve and advertise for a Public Hearing on July 21, 2009 at 9:30
a.m.: the FY 2009-2010
Palm Beach County Action Plan (AP) identifying funding and programming
recommendations for the Community Development Block Grant (CDBG) Program; the
Emergency Shelter Grant (ESG) Program and the HOME Investments Partnership
(HOME) Program. SUMMARY: The County, through annual entitlement
formulas, is scheduled to receive a total of $9,918,254 in Federal funds for
the CDBG, ESG and HOME Programs. Of this amount, $6,816,189 is for the CDBG
Program, $302,730 is for the ESG Program and $2,799,335 is for the HOME
Program. In order to receive these
annual entitlement grant allocations, Federal Regulations require Palm
Beach County (PBC) to prepare an action plan which must be finalized and
submitted to the U.S. Department of Housing and Urban Development (HUD), no
later than August 15, 2009. The proposed CDBG Program includes $995,603 for
Public Services, $1,208,188 for public facilities, $1,073,330 for public infrastructure,
$681,618 for economic development activities, $300,000 for a Countywide Housing
Rehabilitation Program, $200,000 for Countywide Demolition Program, $2,287,246
for Program administration and implementation costs and $370,204 for contingency
reserves. Reserves are primarily funded through projected program income of
$300,000. These CDBG Program allocations follow the directions received at a
Board of County Commissioners Workshop on October 28, 2008. Those directions included placing a higher
priority on the funding of activities to combat “homelessness”. The proposed ESG Program includes $302,730
for the funding of 12 local agencies for the provision of homeless activities
as defined by ESG regulations. The required local match of 100% will be
provided by the 12 agencies providing services. The proposed HOME Program
includes $559,867 for Community Housing Development organizations, $1,959,535
for a 2nd Mortgage Program and $279,933 for Program administration.
Of the 25%, $594,859, required local match, $450,000 will be provided from the
PBC Universal Housing Trust Fund and $144,859 from the State Housing
Initiatives Partnership Program income. These
are Federal funds of which the ESG and HOME Programs require a local match.
Countywide (TKF)
* * * * * * * * * * * *
JUNE 16, 2009
6. BOARD
APPOINTMENTS
A. PLANNING, ZONING & BUILDING
(Historical
Resources Review Board)
1. Staff recommends motion to approve: reappointment of seven (7) members to the Historic Resources Review Board (HRRB) for three (3) year terms from June 1, 2009, to May 31, 2012:
Reappointment Seat Requirement Nominated
By
Dr.
Warren Adams 1 Architectural
History Koons, Marcus, Aaronson
Ms.
Helen V. Greene 2 Historian Koons, Marcus, Aaronson
Ms.
Amy Alvarez 3 Historic
Planner Koons, Marcus, Abrams, Aaronson
Dr.
Clifford Brown 5 Archaeologist Koons,
Marcus, Aaronson
Ms.
Katharine Dickenson 7 None Koons,
Marcus, Abrams, Aaronson
Mr.
Dale Erickson 8 Must live west of 20 Mile
Bend Koons, Marcus, Aaronson
Mr.
Jud Laird 9 None Koons, Marcus, Abrams, Aaronson
SUMMARY: The Unified Land Development Code Article 17, Section 9 provides for the membership of the HRRB. The Board is comprised of nine (9) members. The above seven (7) positions expired May 31, 2009. All seven (7) seats are at-large positions to be appointed by the Board of County Commissioners. All have expressed an interest in reappointment to the HRRB. A memo was sent to the Board requesting nominations on April 27, 2009. The above HRRB members were nominated for reappointment by several of the County Commissioners. Unincorporated (RB)
(Planning Commission)
2. Staff recommends
motion to approve: one (1) of the following individuals to the
Planning Commission for a term of three (3) years:
Reappointment Nominee Seat No. Nominated By
Neil Merin 15 Commissioner Koons
Commissioner
Aaronson
Commissioner
Abrams
OR
Appointment Nominee Seat No. Nominated By
Dagmar Brahs 15 Commissioner Marcus
Commissioner
Aaronson
SUMMARY: The Land Use Advisory Board was
reestablished by Resolution No. R90-1987. The Planning Commission (PLC) was
created by Ordinance 2008-003 and replaces the LUAB. The Planning Commission consists of 16
members; 15 BCC appointed members and one (1) representative of the School
District of PBC and serves three (3) year terms. Each member of the BCC shall appoint
two (2) members to the PLC. One (1)
member shall be appointed at-large by a majority vote of the BCC. This
appointment is the at-large appointment.
On May 19, 2009, a memo was distributed to the County Commissioners
requesting nominations to this Commission. Mr. Merin currently serves on the
Planning Commission and wishes to be reappointed. These are the only nominations
that have been received. Countywide (RPB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 16, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 16, 2009
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER
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."
June 16, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 16, 2009
PAGE ITEM
8 3E-2 REVISED
TITLE & SUMMARY: Staff recommends motion to ratify: the Chairman’s signature on a Grant
Application to the U.S. Department of Health and Human Services (HHS),
Administration for Children and Families for:
A) Permanent Cost of Living Adjustment (COLA)
for the period of October 1, 2009 2008, through September 30, 2010
2009, in the amount of $433,206; B)..and C)…
Summary: The COLA increase will help cover increased
operating costs of the Grantee and delegate agency programs and delegate
agency specific adjustments to staff salaries and fringe benefits. The Quality Improvement funding will be used
in a manner consistent with the provision of section 640 (a)(5) of the Head
Start Act and Program Information ACF-PI-HS-09- 06 FY2009 Funding Increase. The
emergency signature process was used because there was insufficient time to
submit the item through the regular agenda process and meet the submission
deadline of May 15, 2009. County Match funds of $108,301.50 is required and
included in the current budget. A waiver has been requested for a portion of
the required match totaling $266,217. (Community Services)
9 3E-5 REVISED TITLE: Staff recommends motion to approve:
Amendment No. 1 to the contract with Adoption by Shepherd Care (R2008-1285) for
the period July 1, 2008, through September 30, 2009, increasing their contract
by $74,000, for a new total not to exceed amount of $212,000. (Community
Services)
28 3AA-1 MOVED TO PUBLIC HEARINGS (4F): Staff recommends motion to: A) approve the
filing of the FY 2009 Section 5307 Federal Transit Administration (FTA) Grant
Application for capital funds allocated to Palm Beach County in the amount of $15,573,915;…(Palm
Tran)
28 3AA-2 MOVED TO PUBLIC HEARINGS (4G): Staff recommends motion to: A) approve the
filing of the FY 2009 Section 5309 Federal Transit Administration (FTA) Grant
Application for capital funds in the amount of $2,646,530;..(Palm Tran)
34 5A-2 REVISED SUMMARY:
The ARRA of 2009 appropriated funding under the Workforce Investment Act (WIA)
in the amount of $121,442,223 for the State of Florida. Of this amount, $9,267,472 is appropriated
for Palm Beach County. Of this amount,
$1,414,011 is to be allocated for adult funding; $3,022,987 is to be allocated
for youth funding; and $4,830,474 is to be allocated for Disclosed Displaced
Worker Funding. This presentation will
highlight the specific programs to be implemented by Alliance. (Admin)
35 5D-2 ADD-ON:
Staff recommends motion to:
A) adopt a Resolution approving a Local Agency Program (LAP) Agreement FPN
423194-1-58-01 with the Florida Department of Transportation providing Federal
Safe Routes to School (SRTS) funding in the amount of $586,571 for the
construction of a sidewalk on the west side of Lyons Road between Melody Road
and Brandy Lane; and
B) approve a Budget Amendment of $586,571 in the Transportation Improvement Fund to
recognize a Federal SRTS grant for the construction of Lyons Road sidewalk
between Melody Road and Brandy Lane.
SUMMARY: This LAP
Agreement will allow Palm Beach County to receive $586,571 in Federal grants to
fund the construction of a six (6) foot concrete sidewalk on the west side of
Lyons Road between Melody Road and Brandy Lane.
No matching funds are required.
This Agreement will expire December 31, 2010. District 2 (MRE)
(Engineering)
35 5D-3 ADD-ON:
Staff recommends motion to:
A) adopt a Resolution approving a Local Agency Program (LAP) Agreement FPN
423195-1-58-01 with the Florida Department of Transportation providing Federal
Safe Routes to School (SRTS) funding in the amount of $308,541 for the
construction of a sidewalk on the east side of Lyons Road between Rosemount
Drive and the L-14 Canal; and
B) approve a Budget Amendment of $308,541 in the Transportation Improvement Fund to
recognize a Federal SRTS grant for the construction of Lyons Road sidewalk
between Rosemount Drive and the L-14 Canal.
SUMMARY: This LAP
Agreement will allow Palm Beach County to receive $308,541 in Federal grants to
fund the construction of a six (6) foot concrete sidewalk on the east side of
Lyons Road between Rosemount Drive and the L-14 Canal. No matching funds are
required. This Agreement will expire December 31, 2010. District 2 (MRE)
(Engineering)
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 (*).