ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
AUGUST 18, 2009
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 37)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 38)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 39 - 41)
6. REGULAR
AGENDA (Pages 42 - 47)
7. BOARD
APPOINTMENTS (Pages 48 - 49)
8. STAFF
COMMENTS (Page 50)
9. COMMISSIONER
COMMENTS (Page 51)
10. ADJOURNMENT (Page 51)
* * * * * * * * * * *
AUGUST 18, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Joinder
to Sublease between FAU Board of Trustees and Max Planck Florida Corporation
3A-2 Resolution supporting increased flexibility
in the use of federal funds for transit system operation
3A-3 Appointment
of Dr. Alina Alonso as the Director of the Palm Beach County Health Department
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
Page 8
3B-3 Contracts
and claim settlements list
3B-4 Unclaimed
Monies proof of publication
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Grant
Agreement with City of Boca Raton for Citywide bus shuttle system
3C-2 Financial Assistance Agreement with Village
of North Palm Beach for Prosperity Farms Road beautification
3C-3 Change
Order No. 4 with Ranger Construction regarding Hypoluxo Road storm sewer
outfall
3C-4 Interlocal Agreement with Village of Royal Palm
Beach for paver blocks/stamped concrete at Okeechobee Blvd./Royal Palm Beach
Blvd intersection
Page 9
3C-5 Resolution
to accept maintenance for a portion of 62nd Drive North
3C-6 Establishment of an impact fee credit for
improvements to Clint Moore Road/Military Trail improvements for Office Depot
3C-7 Agreement
with City of West Palm Beach regarding street lighting on Okeechobee Blvd.
3C-8 Deleted
3C-9 Local
Agency Program Agreement with FDOT regarding five (5) school zone flashers
Page 10
3C-10 Agreement with Town of Loxahatchee Groves for school speed zone
flashing signs
3C-11 Budget Transfers regarding Keep Palm Beach County Beautiful funding
3C-12 Reimbursement to City of Delray Beach for road improvements on SW 12th
Avenue
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
Agreement in Michael Murphy vs. Palm Beach County case
3D-2 Settlement
Agreement in Edith Tucker vs. Palm Beach County case
3D-3 Settlement (parcels) in eminent domain
proceedings Palm Beach County v. Leonard V. Mecca, as Trustee, et al
3D-4 Settlement (expert fees) in eminent domain
proceeding Palm Beach County v. E.F. Johns, Ltd., et al
E. COMMUNITY SERVICES
Page 12
3E-1 Head
Start Delegate Agency Agreement with the School Board for Head Start services
3E-2 Modification No. 1 with Dept. of Community
Affairs for emergency services to low-income families
3E-3 Ratify signature on 2010 Dept. of Children
and Families Homeless Challenge Grant Application
Page 13
3E-4 Contract
with 211 Palm Beach Treasure Coast, Inc. for support services to homeless
persons
3E-5 Contracts
with Oakwood Center and CARP for support services to homeless persons
3E-6 Contract
with Center for Family Services for emergency shelter services to homeless
persons
3E-7 Contract
with Gulfstream Goodwill Industries for support services to homeless persons
Page 14
3E-8 Contract
with Oakwood Center for various services to homeless persons
3E-9 Contract
with The Lord’s Place for support services to homeless persons
3E-10 Contract with Christians Reaching Out to Society Ministries for
gleaning services
AUGUST 18, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 15
3E-11 Contract with United Way to support the Community Food Alliance
3E-12 Standard Agreement with Area Agency on Aging for Community Care for
the Elderly program
3E-13 Standard Agreement with Area Agency on Aging for Alzheimer’s Disease
Initiative program
Page 16
3E-14 Standard Agreement with Area Agency on Aging for Home Care for the
Elderly program
3E-15 Contracts and amendments with three (3) agencies regarding Ryan
White Part “A” HIV funds
Page 17
3E-16 Child Care Food Program Contract for Head Start/Early Head Start
meals to children
3E-17 Budget Amendment regarding Head Start/Early Head Start teacher
education award
F. AIRPORTS
Page 17
3F-1 Resolution establishing a standard
non-concessionaire rental car and parking lot operator permit
Page 18
3F-2 Supplemental JPA with FDOT regarding security improvements at
airports
3F-3 Amendment No. 2 with URS Corporation
Southern regarding environmental impact statement at PBIA
Page 19
3F-4 Receive
and file ten (10) standard agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 20
3G-1 Request
to extend the 2009 tax roll/Direct VAB to certify assessment roll
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 20
3H-1 Amendment No. 5 with Boyle Engineering
Corporation for engineering/professional services associated with Parks &
Recreation capital improvement projects
3H-2 CSA No. 1 with Corzo Castella Carballo
Thompson Salman for architectural/engineering design and construction
administration services for Waterway Park
3H-3 Amendment
No. 8 with Moss & Associates regarding the Central Video Visitation
facility
Page 21
3H-4 Lease
Agreement with FWI 20 LLC regarding Fire Rescue Station No. 22
3H-5 Supplement No. 1 with Slattery &
Associates Architects Planners regarding architectural/engineering services for
Belle Glade Library
Page 22
3H-6 Supplement Nos. 4 and 5 with Miller Legg
& Associates regarding South County Regional Park Parcel A golf course
modifications
3H-7 First
Amendment with City of Greenacres for radio maintenance services
Page 23
3H-8 Drainage
Easement in favor of Village of Royal Palm Beach for Royal Palm Beach Library
3H-9 Deed
of Conservation Easement in favor of SFWMD regarding Okeeheelee Park South
3H-10 Memorandum of Termination of Use Agreement with PBSO for 4215 Cherry
Road, WPB
Page 24
3H-11 License Agreement with School Board for temporary staging area for
WUD crews
3H-12 Contract with S Group, Inc. for Santaluces Concession Stand
replacement
I. HOUSING & COMMUNITY DEVELOPMENT
Page 25
3I-1 Agreement with Northwest Riviera Beach
Community Redevelopment Corporation regarding HOME funds for construction of 22
single-family homes
3I-2 Sale of four (4) Westgate/Belvedere Homes
CRA owned properties to Neighborhood Renaissance, Inc. regarding affordable
infill housing project within CRA area
Page 26
3I-3 Amendments
to Neighborhood Stabilization Program guidelines
3I-4 Funding
to Eastwind Development for a multi-family rental development project
AUGUST 18, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
J. PLANNING, ZONING & BUILDING
Page 27
3J-1 Interlocal Agreement with City of Boynton
Beach regarding voluntary annex of parcels on west side of Seacrest Blvd.,
south of Hypoluxo Road
K. WATER UTILITIES
Page 27
3K-1 Work Authorization No. 4 with Globaltech,
Inc. for South Bay Regional Wastewater Pump Station
Page 28
3K-2 Receive
and file two (2) standard development agreements for WUD
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 28
3L-1 Declaration
of Restrictive Covenants regarding Cypress Creek Natural Area
Page 29
3L-2 Contract
with Mancil’s Tractor Service, Inc. regarding Limestone Creek Natural Area
M. PARKS & RECREATION
Page 29
3M-1 Agreement
with City of Pahokee for City Recreation Complex improvements
3M-2 Receive
and file School Board RAP for Forest Hill High Environmental Academy field
trips
3M-3 Agreement
with West Boca Basketball, Inc. for basketball camps/clinics
3M-4 Agreement with Project Aspiration, A Class
Act Learning Center, Inc. for Cultural Diversity Day event
Page 30
3M-5 Agreement
with Ann Norton Sculpture Gardens, Inc. for Artist Preservation project
3M-6 Agreement with City of Greenacres for
Veterans Memorial and Freedom Park ballfield lighting projects
3M-7 Receive
and file two (2) District 7 RAP agreements
3M-8 Receive and file First Amendment to School
Board RAP for Sunset Palms Elementary School for murals, benches,
community/after school reading and resource center
3M-9 First Amendment with City of West Palm Beach
regarding Gaines Park multi-purpose community center project
Page 31
3M-10 Receive and file FBIP Agreement with Town of
lake Park for Lake Park Harbor Marina emergency boat ramp remediation project
3M-11 Receive and file one (1) Independent Contractor Agreement
3M-12 Agreement with Ski Club of the Palm Beaches for
purchase/installation of ski jump at Okeeheelee Park
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE
Page 31
3P-1 Agreement with Palm Beach Soil and Water
Conservation District for soil and water resource conservation services
Q. CRIMINAL JUSTICE COMMISSION
Page 32
3Q-1 Submittal
of FY 2009 Edward Byrne Memorial Justice Assistance Grant
3Q-2 Recommendation of nine (9) grant proposals/projects
for Edward Byrne Memorial Justice Assistance Grant funding
R. HUMAN RESOURCES - None
AUGUST 18, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 33
3S-1 Grant
Application to FEMA regarding Firefighters Grant program funds
3S-2 Memorandum of Understanding relating to
fundraising for the Drowning Prevention Coalition of Palm Beach County with
American Red Cross
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 34
3X-1 Contract with Children’s Health Care
Associates regarding medical services to Highridge Family Center
3X-2 Modification to Division of Emergency Management
for enhancement of emergency management operations
3X-3 Receive
and file four (4) standard agreements with Fifteenth Judicial Circuit
Page 35
3X-4 Florida Council Against Sexual Violence
grant for sexual battery recovery services to victims
3X-5 Grant
Agreement with Child & Family Connections regarding supervised visitation
services
3X-6 Office
of Justice Programs FY 2009 Drug Court Discretionary grant for County Drug
Court
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 36
3AA-1 Interlocal Agreement with Town of Lake Park for placement of bus
shelters within Town limits
BB. SHERIFF
Page 36
3BB-1 Ft. Lauderdale Urban Area Security Initiative
grant funds for law enforcement activities
Page 37
3BB-2 Ft. Lauderdale Urban Area Security Initiative
grant for domestic security activities
3BB-3 Grant Adjustment Notice regarding Midnight
Hoops Program for Fremd Village
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 38
4A Local 2928 Firefighter Appreciation Month
4B Hireability Week
4C Proclamation honoring Chief Herman W.
Brice for 25 years of service
4D Certificate of Appreciation to Phyllis
House, Clerk & Comptroller’s Office
PUBLIC HEARINGS - 9:30 A.M.
Page 39
5A Resolution
confirming special assessment for Cinquez Park
5B Resolution
abandoning one (1) platted right-of-way in Palm Beach Farms Plat No. 3
5C Resolution
abandoning two (2) platted rights-of-way in Palm Beach Farms Plat No. 3
Page 40
5D Small
Business Enterprise Program Ordinance
5E Winding
Waters Natural Area drainage and flowage easement
Page 41
5F Local
Preference in Purchasing Ordinance
AUGUST 18, 2009
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 42
6A-1 Resolution supporting Office Depot, Inc. for
Florida’s Qualified Target Industry Tax Refund Program
Page 43
6A-2 Resolution
authorizing issuance of American Recovery and Reinvestment Act bonds
6A-3 Community
Development Block Grant Set-Aside Program criteria/creation of position
Page 44
6A-4 Creation
of a Palm Beach Community College Glades Campus Scholarship Program
Page 45
6A-5 District
7 Recreation Assistance Program reallocations
WATER UTILITIES DEPARTMENT
Page 45
6B-1 Service Agreement with Glades Utility
Authority for Operations, Maintenance and Management of GUA Utility System
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 46
6C-1 Interlocal Agreement with Northern Palm Beach
County Improvement District regarding Winding Waters Natural Area
HOUSING
& COMMUNITY DEVELOPMENT
Page 46
6D-1 State
Housing Initiative Partnership funding for Eliza Wisdom
PLANNING, ZONING & BUILDING
Page 47
6E-1 Interlocal
Agreement with City of Greenacres for annexation of one (1) enclave
6E-2 Palm
Beach County Construction Permit Fee Schedule Ordinance
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 47
6F-1 Issuance,
management, monitoring, and evaluation of debt obligations polices
BOARD
APPOINTMENTS (Pages 48 - 49)
STAFF
COMMENTS (Page 50)
COMMISSIONER
COMMENTS (Page 51)
ADJOURNMENT (Page 51)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff
recommends motion to approve:
A) a Joinder to a Sublease Agreement between the Florida Atlantic
University Board of Trustees and Max Planck Florida Corporation contingent upon
approval of the Joinder to Sublease Agreement by the State of Florida; and
B) a Sublease Consent and Agreement between
the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, The Florida Atlantic University Board of Trustees, Max Planck Florida
Corporation and Palm Beach County, contingent upon approval of the Consent and
Agreement by the State of Florida.
SUMMARY: This
Sublease provides for the sublease of a portion of the FAU John D. MacArthur
Campus to Max Planck for the construction of its permanent Florida
facilities. The County is given limited
rights to assume the sublease after Max Planck commences vertical construction
of their permanent facilities in the event Max Planck is in material default of
the Grant Agreement. The County’s rights
to assume the sublease end upon the earlier of July 21, 2023, which is the end
of the term of the County’s Grant Agreement with Max Planck, or the termination
of the Grant Agreement due to a default by the County. The Sublease premises may only be used as a
not-for-profit biomedical research institution and campus research, training
and education, and certain related uses, in conjunction with the operation of a
public university by FAU. The use
restriction would continue to apply even if the sublease is assumed by the
County, which will limit the ability of the County to further sublease or
assign its interest in the Sublease. The
FAU Board of Trustees approved the Sublease on July 22, 2008. Max Planck Institute approved the Sublease on
July 20, 2009. The execution of the FAU
Sublease is a condition to the disbursement of Grant Funds. The Sublease Consent and Agreement contains
the State’s consent to the Sublease and gives Max Planck and the County
non-disturbance rights in the event of a default by FAU under the master lease
between the State and FAU. Countywide/District
1 (JM & HF)
2. Staff recommends
motion to adopt: a Resolution of
the Board of County Commissioners of Palm Beach County supporting increased
flexibility in the use of federal funds by allowing transit systems of all
sizes to use a percentage of their formula funds for operating purposes. SUMMARY: At the request of Commissioner Shelley Vana,
staff was directed to draft this Resolution. Countywide (DW)
3. Staff recommends
motion to approve: the
appointment by the State Surgeon General of Alina Alonso, M.D., as the Director
of the Palm Beach County Health Department. SUMMARY: Pursuant to Section 154.04(1)(b), Florida
Statutes, the Board of County Commissioners must concur with the State Surgeon
General’s appointment of the County Health Department Director. Dr. Alonso will replace Dr. Jean Malecki who
resigned effective August 1, 2009. Countywide (GB)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Comprehensive
Plan April
13, 2009
Regular April
21, 2009
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
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: proof of publications “Unclaimed Monies”
advertised by the Clerk & Comptroller of Palm Beach County. SUMMARY: Pursuant to Florida Statutes
116.21, the Clerk advertised certain unclaimed monies held which are subject to
forfeiture to Palm Beach County. Florida
Statutes 116.21 requires that the proof of publication “shall be filed and
recorded in the minutes of the County Commissioners of such county.” Countywide (PFK)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Grant Agreement with the City of Boca Raton in an amount not to exceed $100,000 for the Citywide Bus Shuttle System; and
B) a Budget Transfer of $100,000 in the Transportation Improvement Fund from Reserve for District 4 to Boca Raton Bus Shuttle System – District 4.
SUMMARY: Approval of the Grant Agreement and Budget Transfer will provide funds to offset costs for the first phase operation of five (5) shuttle bus routes and eight (8) 24-passenger shuttle buses. District 4 (MRE)
2. Staff recommends
motion to approve:
A) a Financial Assistance Agreement with the Village of North Palm
Beach regarding the beautification of Prosperity Farms Road from Northlake
Boulevard to Burns Road; and
B) a Budget Transfer of $10,000 in the Transportation Improvement
Fund from Reserve for District 1 to Prosperity Farms Road from Northlake
Boulevard to Burns Road.
SUMMARY: Approval of this Financial Assistance Agreement and Budget Transfer will provide one-time funds to offset costs for the maintenance of Prosperity Farms Road from Northlake Boulevard to Burns Road. District 1 (MRE)
3. Staff recommends
motion to approve: Change Order No. 4 in the amount of $341,822 to
Contract No. R2008-0165 with Ranger Construction Industries, Inc. for
construction of Hypoluxo Road from west of Lyons Road to Hagen Ranch Road. SUMMARY: Approval of Change Order No. 4 will allow
construction of a storm sewer outfall for the portion of Hypoluxo Road east of
Florida’s Turnpike. District 3 (MRE)
4. Staff recommends
motion to approve: an Interlocal Agreement with the Village of Royal
Palm Beach (Village) regarding paver blocks and/or stamped concrete within Palm
Beach County (County) rights-of-way. SUMMARY: The Village has agreed to accept full
responsibility for design, permits, installation, maintenance of and liability
for the existence and use of paver blocks and/or stamped concrete in County
rights-of-way at the intersection of Okeechobee Boulevard and Royal Palm Beach
Boulevard. District 6 (MRE)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends motion to adopt: a Resolution to accept maintenance of 62nd Drive North from Belvedere Road to 850 feet south, at an estimated cost of $800 annually. SUMMARY: The developer, Z. E. Taheri, was required to construct 62nd Drive North from Belvedere Road south for 850 feet, per Condition E.8(a) of Resolution R1999-100, Petition 1996-031, Taheri Planned Unit Development. The construction is complete and adoption of this Resolution will accept maintenance of the road. District 6 (MRE)
6. Staff recommends motion to approve: establishing an impact fee credit of $620,980.78, for improvements to the intersection of Clint Moore Road and Military Trail for Office Depot. SUMMARY: Office Depot has constructed improvements to the intersection of Clint Moore Road and Military Trail. These improvements are not required to meet Traffic Performance Standards (TPS). Impact fee credits for roadway improvements that are not required by TPS require the Board of County Commissioners’ approval. District 6 (LB)
7. Staff recommends
motion to approve:
A) an Agreement with the City of West Palm Beach (City) concerning the
funding of street lighting improvements for Okeechobee Boulevard (State Road
704) from Australian Avenue to Tamarind Avenue/Parker Avenue (Project); and
B) a Budget Amendment of $325,000 in the Transportation Improvement Fund to
recognize reimbursement funding from the City and appropriate it to Okeechobee
Boulevard and Tamarind Avenue intersection improvement project for replacement
of the existing street light system.
SUMMARY: Approval of this Agreement will provide
funding from the City for the replacement of the existing street lighting
system within the limits of the Project.
District 7 (MRE)
8. DELETED
9. Staff recommends
motion to receive and file: the Local Agency Program (LAP) Agreement
FPN 423189-1-38/58-01 with the Florida Department of Transportation (FDOT)
providing Federal Safe Routes to School funding for the design and construction
of five (5) overhead mast arm school zone flashers approved by the Board of
County Commissioners on March 17, 2009. This LAP was entered into by adoption
of Resolution R2009-0388. SUMMARY: The LAP was modified by the FDOT to amend
dates in the originally executed document. Completion dates for the design and
construction of the project in Exhibit “A” titled “Project Description and
Responsibilities” have been modified as follows: Item “B” had the date of June 30, 2010 added;
Item “E” had the date of December 31, 2010 added; and Item “F” had the completion
date changed from December 31, 2010, to June 30, 2011. This date was also
changed on page two, Section 2.02 of the LAP Agreement. On page one of the Federal-Aid Project
Funding Request, the dates were removed from the “Environmental Document” Section.
Districts 2, 3 & 5 (MRE)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to approve:
A) an Agreement with the Town of Loxahatchee Groves (Town) for the Town to
pay up to $12,000 for school speed zone flashing signs for the Loxahatchee
Groves Elementary School; and
B) a Budget Amendment of $12,000 in the Transportation Improvement Fund to
recognize the funding from the Town for the designated construction of school
speed zone flashing signs for the Loxahatchee Groves Elementary School.
SUMMARY: Approval of these actions will fund the
purchase and installation of two (2) school speed zone flashing signs on
Okeechobee Boulevard for the Loxahatchee Groves Elementary School. The County
will be reimbursed for the full cost by the Town. District 6 (MRE)
11. Staff recommends
motion to approve:
A) a Budget Transfer of $30,000 in the Transportation Improvement
Fund from Reserve for District 2 to Cabana Colony - Local Drainage; and
B) a Budget Transfer of $30,000 in the Capital Outlay Fund from Cabana
Colony - Local Drainage to Keep Palm Beach County Beautiful, District 2.
SUMMARY: Approval
of this item provides funding not to exceed $30,000 for the fourth and final
annual allocation to Keep Palm Beach County Beautiful (KPBCB) for Fiscal Year
2007 through Fiscal Year 2010 for a maximum total of $120,000. The efforts of
KPBCB serve a public purpose by promoting and facilitating public and community
area enhancement programs and by promoting, facilitating, and reviewing
beautification grants for the purpose of enhancing thoroughfare roadways throughout
Palm Beach County. Countywide
(MRE)
12. Staff recommends
motion to:
A) conceptually approve to reimburse the City of Delray Beach (City) in an amount not to exceed $1,000,000 from the Transportation Improvement Fund Reserves for District 7 for the installation of infrastructure and road improvements on Southwest 12th Avenue; and
B) direct staff to amend the Interlocal Agreement with the City and Delray Beach Housing Authority approved on November 12, 2008 (R2008-2025).
Summary: An amended
Interlocal Agreement will transfer the responsibility from the Delray Beach
Housing Authority to the City for improvements to Southwest 12th Avenue at the
site of the old Carver Estates property. District 7 (MRE)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $70,000 in the personal injury action styled Michael Murphy vs. Palm Beach County, Case No. 502008CA039573XXXXMB. SUMMARY: Plaintiff was waiting in line to board a Palm Tran bus on February 7, 2008, at or near the intersection of Military Trail and Lake Worth Road in Greenacres. As the bus approached the bus stop, the mirror struck the back of the Plaintiff’s head allegedly causing injury. He developed increasing pain over the next 24 to 48 hours, which included neck pain, back pain, and bruising on his head. Eventually, he underwent steroid injections and neck surgery. Staff, including the Risk Management Roundtable Committee and Palm Tran, concur that this settlement is in the best interest of Palm Beach County. Countywide (SCL)
2. Staff recommends
motion to approve: a Settlement
Agreement, inclusive of attorney’s fees and costs, in the total amount of
$80,000 in the personal injury action styled Edith Tucker vs. Palm Beach
County, Case No. 502008CA014530XXXXMBAO. SUMMARY: Plaintiff, Edith Tucker, is one of 13
passengers who were allegedly injured on a Palm Tran bus on State Road 80 in
Belle Glade on May 8, 2006. There was
heavy fog and the bus operator swerved to the right to avoid a disabled Solid
Waste Authority tractor-trailer that was on the roadway. The mirror on the driver’s side of the bus
struck the right rear of the tractor-trailer.
The bus driver was cited for driving too fast for conditions after
leaving approximately 35 feet of skid marks. Countywide (SCL)
3. Staff recommends motion to authorize: a settlement as to Parcels 814 and 815 in the amount of $783,383.44, inclusive of attorney’s fees and experts’ fees and costs and clerk’s fees, in the eminent domain proceeding entitled Palm Beach County v. Leonard V. Mecca, as Trustee, et al, Case No: 502008CA023514XXXX MBAH, for the improvement of West Atlantic Avenue from west of Lyons Road to Starkey Road. SUMMARY: This action would authorize a settlement of the compensation for the acquisition of two (2) permanent exclusive easements acquired for the construction and improvement of West Atlantic Avenue, from west of Lyons Road to Starkey Road (Project No. 2004602), by paying $783,383.44 for the two (2) permanent exclusive easements acquired, any and all damages to the remaining property and costs to cure such damages, attorney’s fees, experts’ fees and costs, and $170 fee of the clerk of the court. This settlement does not include damages to the tenant owned fixtures constructed in the buildings on the property and, if any tenants relocate due to the taking, such relocation costs. District 6 (PM)
4. Staff recommends
motion to authorize: a settlement of certain expert fees in the
eminent domain proceeding entitled Palm Beach County v. E.F. Johns, Ltd., et
al, Case No.: 502007CA002957XXXMBAD, for the improvement of Lyons
Road. SUMMARY: This action would authorize a settlement
of expert fees incurred by the owner in an eminent domain proceeding for
property acquired for the improvement of Lyons Road from Glades Road to Yamato
Road (Project No. 1998504), by paying $90,000. District 5 (PM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Head
Start Delegate Agency Agreement with The School Board of Palm Beach County
(Delray Full Service Center), for the period of October 1, 2009, through
September 30, 2010, in an amount of $1,091,661, for services to Head Start
children. Summary: The
School Board of Palm Beach County (Delray Full Service Center) will
provide services for up to 185 children for 180 days at an annual per child
rate of $5900.87. There are not sufficient County facilities to accommodate all
1,871 authorized slots for children 3 and 4 years of age in the Head Start
program. Therefore, the County enters into delegate agency contractual
agreements with child care agencies to provide comprehensive Head Start
services. Funding consists of $702,593 in Federal funds, $157,199 in required match County funds and $231,869
in overmatch. County funding is contingent on budget approval and has been
requested in the FY 2010 budget. (Head Start) Countywide (TKF)
2. Staff recommends motion to approve: Modification No. 001 of the Community Services Block Grant Contract (CSBG) (R2008-0596) with the State of Florida Department of Community Affairs for the period of October 1, 2008, to September 30, 2009, in an amount of $48,697, for emergency services to low-income families. Summary: Modification No. 001 will incorporate base increase funds of $46,403 and carryover funds of 2,294 for a new CSBG total of $939,474. These funds and County matching funds of $187,895 bring the new CSBG Contract total to $1,127,369. The additional funding will enable PBC Community Action to provide emergency services to additional low income families. The County matching funds are included in the Department’s FY 2009 budget. (Community Action Program) Countywide (TKF)
3. Staff recommends
motion to:
A) ratify the signature of the Chairman on the 2010 State of Florida Department
of Children and Families (DCF) Homeless Challenge Grant Application;
B) delegate authority to the County Administrator or his designee to sign the State
of Florida DCF contract for the Homeless Challenge Grant; and
C) delegate authority to the County Administrator or his designee to sign the
contracts with Faith, Hope, Love, Charity, Inc. and Salvation Army, a Georgia
Corporation for no longer than a one (1) year period to end June 30, 2010, for
the maximum cumulative amount of $144,000.
Summary: The Division of Human Services is applying for funding to provide
Transitional Housing through the 2010 Homeless Challenge Grant. DCF will allocate
funds based on the applicant’s score up to a maximum of $144,000. Upon receipt
of a grant award, the County will contract with service providers as follows:
|
Maximum Funding Level Allocation |
|||
|
$144,000 |
Sub-Contractor |
Type of Service |
# to be Served |
|
$72,000 |
Faith, Hope, Love,
Charity, Inc. |
Transitional
Housing |
40 |
|
$72,000 |
Salvation Army, a Georgia Corporation |
Transitional
Housing |
73 |
Should the funding level be below the maximum, the allocations would be
reduced to amounts agreed to in advance amongst the providers. No County funds
are required. (Human Services) Countywide (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Contract
with 211 Palm Beach Treasure Coast, Inc., for the period October 1, 2009,
through September 30, 2010, in an amount not to exceed $45,707, for supportive services
to homeless persons. Summary: 211 Palm Beach Treasure Coast, Inc. will provide homeless
individuals access to a toll free Homeless Helpline and an Intake Worker 24
hours per day, 7 days a week for 365 days a year. The Intake Worker screens appropriate
referrals for the Homeless Outreach Teams (HOT), accesses other available
resources and enters all data into the Client Management Information System
(CMIS), a centralized computer database. The Homeless Helpline will work in
conjunction with the 211 Information System. Payment is based on a unit cost
and the estimated number of appointments scheduled for the HOT. A total of $45,707 in County funds is included
in the FY 2010 budget. County obligations under this Contract are subject to
budget approval. (Human Services) Countywide (TKF)
5. Staff recommends
motion to approve: Contracts
with the following vendors for support services to homeless individuals for the
period of October 1, 2009, through September 30, 2010;
A) Oakwood
Center of the Palm Beaches, Inc. in an amount not to exceed $42,330; and
B) Comprehensive
Alcoholism Rehabilitation Programs, Inc. (CARP) in an amount not to exceed $42,330.
Summary: Oakwood Center of
the Palm Beaches, Inc. and Comprehensive Alcoholism Rehabilitation Programs,
Inc. (CARP) provide special population staffing that target homeless persons. Separate
contracts are provided for these two (2) agencies. Each agency will receive $42,330, for a total
of $84,660. County funds are included in
the FY 2010 budget. County obligations
under these contracts are subject to budget approval. (Human Services) Countywide
(TKF)
6. Staff recommends
motion to approve: Contract
with The Center for Family Services of Palm Beach County for the period of
October 1, 2009, through September 30, 2010, in an amount not to exceed
$47,514, for emergency shelter services to homeless persons. Summary:
The Center for Family Services will coordinate
emergency after hour’s shelter placement and food, including the provision of transportation
and ongoing case management to homeless persons until alternate placement can
be arranged. A total of $47,514 in
County funds is included in the FY 2010 budget.
County obligations under this contract are subject to budget approval.
(Human Services) Countywide (TKF)
7. Staff recommends
motion to approve: Contract
with Gulfstream Goodwill Industries, Inc., for the period October 1, 2009,
through September 30, 2010, in an amount not to exceed $34,005, for supportive services
to homeless persons. Summary: Goodwill Industries, Inc. will provide case
management services to thirty (30) homeless individuals through the
Transitional Housing Program, Project SUCCESS.
Case management services are a vital link to meet the needs of the
homeless individual to overcome the numerous barriers that have led to their
homelessness. A total of $34,005 in County
funds are included in the FY 2010 budget. County obligations under this Contract
are subject to budget approval. (Human Services) Countywide (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
8. Staff recommends
motion to approve: Contract with Oakwood Center of the Palm
Beaches, Inc., for the period of October 1, 2009, through September 30, 2010,
in an amount not to exceed $73,318, for services to homeless individuals. Summary: Oakwood Center of the Palm Beaches, Inc. will provide supportive
services through the Homeless Assertive Community Treatment Team to include
case management, employment counseling, medication management, benefits
counseling, peer counseling and group counseling. These services are provided
to homeless individuals who are severely mentally ill or dually diagnosed and
have been placed in permanent housing through the Housing and Urban Development
(HUD) Shelter Plus Care grant programs.
A total of $73,318 in County funds are included in the FY 2010 budget. County obligations under this Contract are
subject to budget approval. (Human Services) Countywide (TKF)
9. Staff recommends
motion to approve: Contract with The Lord’s Place for the period
of October 1, 2009, through September 30, 2010, in an amount not to exceed
$63,000, for support services to homeless persons. Summary: The Lord’s Place will provide supportive services
to a maximum of 78 homeless individuals in an effort to reduce recidivism of single,
chronic homeless males through Operation Jump Start. The project’s objective is
to reduce the “revolving door” syndrome of chronic homeless males by extending
emergency shelter from 30 to 60 days; educating and motivating participants
towards change that will create self-sufficiency through an intensive day
program; and evaluating the effectiveness of a low demand program in engaging
and creating change in the chronic homeless population. Case management
services are a vital link to meet the needs of the homeless individual to
overcome the numerous barriers that have led to their homelessness. A total of $63,000 in County funds is
included in the FY 2010 budget. County
obligations under this Contract are subject to budget approval. (Human
Services) Countywide (TKF)
10. Staff recommends
motion to approve: Contract
with Christians Reaching Out to Society (CROS) Ministries, Inc., for the period
of October 1, 2009, through September 30, 2010 in an amount not to exceed
$42,548 to provide gleaning services. Summary:
CROS Ministries will recruit and coordinate gleaning opportunities through
local church, civic and non-profit agencies, in the county to develop strong
neighborhood relationships, opportunities and support systems. Gleaning is the
gathering of excess produce after the fields have been harvested. The produce is
distributed to homeless shelters, day care centers, senior centers, and
emergency food pantries. This project is
a collaboration between the County, CROS and United Way to bring fresh produce
into low-income neighborhoods as fresh fruit and vegetables are usually too
expensive and/or of poor quality in these areas. The addition of these resources adds much
needed nutrition to the diet and promotes health and wellness. A total of $42,548 in funds is included in the
FY 2010 budget of which $34,038 is state grant dollars and $5,000 is County ad valorem
dollars. County obligations under this Contract
are subject to budget approval. (CSBG and CAP)
Countywide (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
11. Staff recommends
motion to approve: Contract
with the United Way of Palm Beach County to support the Community Food Alliance
in an amount not- to-exceed $25,000, for the period October 1, 2009, through September
30, 2010. Summary: The County continues to partner with the
United Way to provide staff support of the Palm Beach County Community Food
Alliance. This Alliance implements the
countywide Community Food Security Action Plan to decrease hunger in Palm Beach
County. This action plan was developed
as a result of the 2004 Food Security Survey. Funding from the County will be matched by
United Way for the support of the salary/benefits and related expenses of the
Community Food Alliance Coordinator. A total of $25,000 in funds is included in
the FY 2010 budget of which $20,000 is state grant dollars and $5,000 is County ad valorem dollars. County
obligations under this Contract are subject to budget approval. (CSBG and CAP) Countywide (TKF)
12. Staff recommends
motion to approve: Standard Agreement No. IC009-9500 for the
Community Care for the Elderly (CCE) program with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1, 2009, through June
30, 2010, in an amount not-to-exceed of $1,025,370, for various services to the
elderly. Summary: This
Agreement will allow the Division of Senior Services (DOSS), a lead agency to
provide Adult Day Care, Case Aide, Case Management, Counseling (Mental
Health/Screening), Emergency Alert Response, In-Home Services (Homemaker,
Personal Care, Shopping Assistance, Respite, Companionship, Chore and Escort),
Pest Control and Specialized Medical Equipment, Services & Supplies, which
are funded with $1,025,370 in State funds, $113,930 in County required funds,
$347,102 in additional County funds and $42,690 in Program Income funds. The Agreement spans two (2) County fiscal
years. Sufficient funding is available
in the FY 2009 budget to meet County obligations. County match and additional funding required
to meet FY2010 obligations is included in the proposed FY 2010 budget. CCE
funds administered and managed by the AAA will allow DOSS to provide assistance
to the elderly population and caregivers to assist functionally impaired
elderly persons to live dignified and reasonably independent lives in their own
homes or in the homes of relatives or caregivers. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides CCE services under a similar grant from
the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7
south of Hypoluxo Road (TKF)
13. Staff recommends
motion to approve: Standard Agreement No. IZ009-9500 for the
Alzheimer’s Disease Initiative (ADI) program with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1, 2009, through June
30, 2010, in an amount not-to-exceed of $230,810, for Case Management and
Respite services to the elderly. Summary: The Agreement will allow the Division of
Senior Services (DOSS), a lead agency to provide Case Management, In-Home
Respite and Facility Based Respite, which are funded with $230,810 in State
funds, $139,379 in additional County funds and $5,513 in Program Income
funds. The Agreement spans two (2)
County fiscal years. Sufficient funding
is available in the FY 2009 budget to meet County obligations. County match and additional funding required
to meet FY2010 obligations is included in the proposed FY 2010 budget. ADI funds administered and managed by the AAA
will allow DOSS to provide assistance to the elderly population and caregivers
to assist functionally impaired elderly persons to live dignified and
reasonably independent lives in their own homes or in the homes of relatives or
caregivers to ensure that persons afflicted with Alzheimer’s disease and other
forms of dementia are given essential services to help them age in place, in an
elder-friendly environment, with security, dignity and purpose. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides ADI services under a similar grant from
the AAA. (DOSS) Countywide except for
portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
14. Staff recommends
motion to approve: Standard Agreement No. IH009-9500 for the Home
Care for the Elderly (HCE) program with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period July 1, 2009, through June 30,
2010, in an amount not-to-exceed of $137,826, for various services to the
elderly. Summary: This
Agreement will allow the Division of Senior Services (DOSS), a lead agency to
provide case management and subsidies, which are funded with $137,826 in State
funds and $65,593 in additional County funds.
The Agreement spans two (2) County fiscal years. Sufficient funding is available in the FY
2009 budget to meet County obligations. County match and additional funding
required to meet FY 2010 obligations is included in the proposed FY 2010
budget. HCE funds administered and
managed by the AAA will allow DOSS to provide assistance to the elderly
population and caregivers to encourage the provision of care in family-type
living arrangements in private homes on a not-for-profit basis as an
alternative to nursing home or other institutional care. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides HCE services under a similar grant from
the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7
south of Hypoluxo Road (TKF)
15. Staff recommends
motion to approve: contracts
and contract amendments with listed provider agencies for the period March 1,
2009, through February 28, 2010, totaling $208,376, for Ryan White Part A HIV Emergency Relief Formula funds and $1,613,161
Supplemental funds:
Formula Supplemental
(Amendment) (Contract)
1) Treasure Coast Health Council-
Medical 119,500 308,332
2) Treasure Coast Health Council-CC
Support 88,876 101,576
3) Palm Beach County Health
Department 1,203,253
$ 208,376 $1,613,161
Summary: The above contracts are for the remaining funds from the Department of
Health and Human Services Health Resources and Services Administration (HRSA) award
received on March 8, 2009. Total funds awarded are $4,892,639. Contracts
totaling $3,071,102 were previously submitted and approved on a prior BCC
agenda. The grant award is for the provision of services related to HIV
affected clients, such as medical case management, medical care, oral health care
and substance abuse treatment. The
agencies listed were selected through the Request for Proposal (RFP) process
and have been recommended to receive funding. (Ryan White) Countywide
(TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
16. Staff
recommends motion to approve:
A) Child Care Food Program (CCFP) Contract for
the period of October 1, 2009, through September 30, 2010, in the amount of
$1,097,083 for meals served to Head Start/Early Head Start children; and
B) the CCFP Delegation of Signing Authority
document, authorizing the County Administrator or his designee to sign program
documents required by the Department of Health (DOH).
Summary: This Contract will enable the Head Start
Program to participate in the FY 2009/2010 CCFP by providing 979 infants,
toddlers and children with breakfast, lunch, and a snack each day. The Delegation of Signing Authority form will
allow for one (1) representative, other than the Chairperson, to sign any
additional forms from the DOH during the contract period. Head Start staff
projects reimbursement of $815,421 from the Florida DOH. County support of $281,662 is required for a
total amount of $1,097,083 to serve meals to Head Start and Early Head Start
children. The application was received at the DOH training workshop on August
4, 2009. The County funds are included in the proposed FY 2010 budget. (Head
Start) Countywide (TKF)
17. Staff recommends
motion to approve:
Budget Amendment of $92,281 in the Head Start Fund, for the period of October
1, 2008, through September 30, 2009, to reconcile the actual grant for the
furtherance of teacher education award from the Department of Health and Human
Services (HHS). Summary: Head Start has received additional revenue of
$92,281 from the Department of Health and Human Services (HHS). The award
provides supplemental funding for the furtherance of teacher education. The funding will be used to help maintain the
quality of Head Start services by supporting the grantee in its efforts to
retain qualified staff. Head Start
funding distribution consists of $62,173 for tuition for 51 teachers to take 12
credit certificate courses that would be included in their BA program, $15,300
towards books, and $7,239 toward training.
Early Head Start funding distribution consists of $2,661 for training,
and $4,908 for tuition reimbursement. A Budget
Amendment is needed to align the County’s budget with the approved funding from
HHS. (Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution
establishing a standard form Non-concessionaire Rental Car and Parking Lot
Operator Permit (Permit); authorizing the County Administrator or his designee
to execute the standard form Permit; repealing Resolution 2005-0451; and
becoming effective upon adoption. SUMMARY: The Resolution establishes a
new standard form Permit for use with non-concessionaire rental car and
off-airport parking lot operators at the Palm Beach International Airport, and
authorizes the County Administrator or his designee to execute the standard
form Permit on behalf of the
Board.
The Resolution repeals Resolution 2005-0451, which adopted a similar permit for
non-concessionaire rental car companies but which did not include off-airport
parking lot operators. Countywide (AH)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint
Participation Agreement (SJPA) Number 1 with the Florida Department of
Transportation (FDOT) amending the original project description. SUMMARY: On September 23, 2008, the BCC adopted a
Resolution (R2008-1637) approving a Joint Participation Agreement (JPA) with
the FDOT in the amount of $725,000 or 12.50% of the eligible project costs,
whichever is less, to relocate the Very High Frequency Omni-Directional Range
(VOR) at Palm Beach International Airport (PBIA). The FDOT has issued SJPA Number 1 amending the
original project description to Airport security improvements for Palm Beach
County General Aviation Airports: Palm
Beach County Park Airport (Lantana), Palm Beach County Glades Airport (Pahokee)
and North Palm Beach County General Aviation Airport (F45); and amending the
FDOT’s participation from 12.50% to 100% with no increase in funding. This
change will allow the Department of Airports to utilize the state funds towards
the construction of security improvements at the General Aviation airports. Countywide
(AH)
3. Staff recommends
motion to approve: Amendment No. 2 to the Agreement with URS
Corporation Southern for Consulting/Professional Services in the amount of $575,326
for the completion of additional services relative to the Environmental
Impact Statement (EIS) for the Airfield Improvement Project at Palm Beach
International Airport (PBIA). SUMMARY: Due to
the issuance of revised forecast numbers in the Terminal Area Forecast (TAF) by
the Federal Aviation Administration (FAA) in early 2009, the FAA has deemed it
necessary to revalidate the work previously completed in Phase 2 of the
environmental review process for the proposed Airfield Improvement Project at
PBIA. The Scope of Services details the revised
Phase 3 scope which includes the re-analysis of the project based on the new
forecast numbers. This revised Phase 3
scope and fee replaces the scope and fee previously approved under the original
Agreement (R2006-1406). This effort will
also be eligible for State, and Federal grant participation. The proposed fee
was verified in accordance with FAA Advisory Circular 150/5100-14C by use of an
Independent Fee Analysis conducted by a neutral third party firm (CH2M Hill,
Inc.) for the work that is eligible for grant funding. The Disadvantaged
Business Enterprise (DBE) participation
for this Amendment is 18.94%. The total
DBE contract goal including all amendments is 22.75%. Countywide (AH)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to receive and file: ten (10) original Agreements for the
Department of Airports:
A)
Hangar Lease Agreement with
Karl M. Bennett, Unit 7, Building 201, at Palm Beach County Glades Airport for
one (1) year, automatically renewed at one (1) year intervals, commencing August
1, 2009 or the date of issuance of Certificate of Occupancy for Building 201
(AH);
B)
Hangar Lease Agreement with
Infrared and Information Services, LLC, Unit 5, Building 201, at Palm Beach
County Glades Airport for one (1) year, automatically renewed at one (1) year
intervals, commencing on August 1, 2009 or date of issuance of Certificate of
Occupancy for Building 201 (AH);
C)
Hangar Lease Agreement with
Frank J. Matthews, Unit 14, Building 11240, at North County General Aviation Airport
for one (1) year, automatically renewed at one (1) year intervals, commencing
on July 1, 2009; terminating Hangar Lease Agreement with Robert Morgenthaler
and Frank J. Matthews (R2005-2015) for Unit 6, Building 11240 at North County
General Aviation Airport, same date (AH);
D) Hangar Lease Agreement with Peter V.
DeSanctis C.P.A., P.A., Unit 3, Building 11740, at North County General
Aviation Airport for one (1) year, automatically renewed at one (1) year
intervals, commencing on July 21, 2009 (AH);
E) Hangar Lease Agreement with William J.
Sipes, Jr., Unit 3, Building 201, at Palm Beach County Glades Airport for one
(1) year, automatically renewed at one (1) year intervals, commencing on August
1, 2009 or the date of issuance of Certificate of Occupancy for Building 201
(AH);
F) Consent to Sublease for Piedmont Hawthorne
Aviation, LLC, d/b/a Landmark Aviation and Cloud 9 Helicopter, commencing May
8, 2009, terminating May 31, 2009, renewable on a year-to-year basis (AH);
G) Consent to Sublease for Piedmont Hawthorne
Aviation, LLC, d/b/a Landmark Aviation and Luhtech Jet, commencing July 1, 2008,
terminating June 30, 2009, renewable on a year-to-year basis (AH);
H) Second Amendment to Airline Operating and
Lease Agreement with Air Canada dated June 9, 2009 (AH);
I) Grant Agreement with Federal Aviation
Administration for “Rehabilitation Runway 13/31; Design Engineered Material
Arresting System – Runway 31 End” at PBIA (AH); and
J) Contract with J. W. Cheatham, LLC for
Runway 13-31 Rehabilitation at PBIA dated June 22, 2009 (JM).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R94-1453,
R2006-2086, R2007-1968, R2008-1845 and Agenda Item 5B-1 approved May 19, 2009. Countywide
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to:
A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2009 tax roll to be extended prior to completion of the Value Adjustment Board hearings; and
B) direct the Value Adjustment Board to certify the assessment roll as required by State Statutes.
SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2009, and will permit the collection of property taxes prior to completion of the Value Adjustment Board hearings. Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 5 to the Annual
Engineering/Professional Services Contract with Boyle Engineering Corporation
(R2003-1898) for Parks & Recreation Capital Improvement Projects. SUMMARY: On November 18, 2003, the Board entered into
a contract with LBFH, Inc., for engineering/professional services for Parks
& Recreation Capital Improvement projects on a continuing services
basis. LBFH, Inc. was acquired by Boyle
Engineering Corporation (R2008-0186).
Boyle Engineering Corporation has now merged with AECOM USA, Inc. and
Amendment No. 5 acknowledges the merger. (Capital Improvements Division) Countywide (JM)
2. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 1 to Contract (R2007-1812) with Corzo Castella Carballo Thompson Salman, PA., (C3TS) in the amount of $428,711 to provide architectural/engineering design and construction administration services for Waterway Park. SUMMARY: CSA No. 1 includes engineering and architectural design services, regulatory approval and design permit acquisition, cost estimation, bidding assistance, as well as full construction administration services for the development of a new park providing public boat access to the intracoastal waterway in Jupiter. These professional services are required to fully develop the design and effectively administer all construction activities. Funding for these services is from $50M GO ‘05 Waterfront Access Bond. C3TS will provide participation of 4.29% SBE and 100% M/WBE for this Authorization. C3TS′ contract goal is 2.0% SBE and 100% M/WBE. (Capital Improvements Division) District 1 (JM)
3. Staff recommends
motion to approve: Amendment No. 8 to the contract with Moss
& Associates, LLC. (R2007-0031) for Construction Management Services for
the Central Video Visitation Facility for a Guaranteed Maximum Price (GMP) in
the amount of $4,832,770. SUMMARY: On
April 25, 2006, the Board approved proceeding with Jail Expansion II consisting
of the expansion of the West County Detention Facility, the Stockade and
renovations to the Main Detention Center.
This Amendment authorizes the construction of the Video Visitation
Facility at the Central Detention Center which provides a central location for
video inmate visits. This facility will
reduce costs and enhance security associated with the operation of the
detention system. Amendment No. 8 is
funded from the Criminal Justice and Public Improvement Revenue Bond Series
2008. The Small Business Enterprises (SBE) participation goal for this project
is 15%. Moss & Associates will be
providing 15% SBE participation in this Amendment. Overall SBE participation is 15.8%. The duration for this work is 242 calendar
days. This Amendment also includes
adding language to the contract regarding the County’s policy for the use of
preferences for evaluating subcontractor bids for Small Business Enterprises
and local firms. (Capital Improvements Division) Countywide/District 6 (JM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends motion to approve: a Lease Agreement with FWI 20 LLC, for the continued use of Fire Rescue Station No. 22 located in the Grove Market Shopping Center in unincorporated Loxahatchee for $123,525 a year. SUMMARY: The Fire Rescue Department currently operates its temporary Fire Rescue Station No. 22 out of office space within the Grove Market Shopping Center in the Acreage, pursuant to the terms of a Sublease Agreement (R2002-0116) with Palms West Hospital Limited Partnership. The Sublease Agreement expires on September 30, 2009. This Lease Agreement is a direct lease with the owner of the Shopping Center, FWI 20 LLC, and is for the same premises that Fire Rescue is currently occupying. The leased premises consist of 4,050 square feet of space, use of the adjacent service court for apparatus parking, designated automobile parking for other fire rescue vehicles and use of common areas including parking. The term of the Lease is for five (5) years and expires on September 30, 2014, with two (2) renewal options, each for one (1) year. The County has the right to terminate the Lease after the first (2) two years with 180 days written notice. The annual gross rent is $123,525 ($30.50/square foot) with annual 3.5% increases. The rental rate represents a twenty percent (20%) reduction in rent. This Lease will provide additional time to acquire land and construct a permanent facility. (PREM) District 6 (HJF)
5. Staff recommends
motion to approve: Supplement No.
1 to Consultant Services Authorization (CSA) No. 5 to the contract with
Slattery & Associates Architects Planners (R2004-0326) in the amount of
$419,877.50 to provide architectural and engineering services for the Belle
Glade Library. SUMMARY: The City of Belle Glade is acquiring two (2)
acres of land from the School District and when combined with an adjacent two (2)
acres already owned by the City, will lease all four (4) acres to Palm Beach
County for the Library with an attached community room. Supplement No. 1 to CSA No. 5 will provide
architectural and engineering services for permitting, design and construction
phase services for the new 15,000 square foot library and 4,000 square foot
community space (both square footages approximate). While the documents
allowing for the transfer and use of properties between the School Board, City
and County and the ongoing lease of the community room by the City are still
being drafted, the City Council has approved the general business terms. Staff is recommending that the County proceed
with the design at this time. Slattery & Associates Architects Planners has
an annual contract for architectural services which provides for an overall
Small Business Enterprises (SBE) goal of 15%. The participation on this CSA is
17.9%. When added to the consultant’s participation
to date, the SBE participation is 19.6%. The Library is funded from the $22.3M
GO ‘06 Bond issue and the community
room from a federal grant to the City of Belle Glade. (Capital Improvements Division) District 6 (JM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
6. Staff recommends
motion to approve:
A) Supplement No. 4 to Consultant Services Authorization (CSA) No. 3 to
Contract with Miller Legg & Associates, Inc., (R2007-1813) in the amount of
$199,879 to provide engineering design and construction administration services
for golf course modifications at South County Regional Park Parcel A;
B) Supplement No. 5 to Consultant Services Authorization (CSA) No. 3 to
Contract with Miller Legg & Associates, Inc., (R2007-1813) in the amount of
$179,494 to provide engineering design and construction administration services
for recharge wells, irrigation pump and distribution piping, for the golf
course at South County Regional Park Parcel A;
C) Budget Transfer of $1,010,983 in the $6.1M Sunshine No. 8 ‘06, Park
& Marina Improvement Fund from Phil Foster Park Marina to South County
Regional Park Phase II;
D) Budget Transfer of $265,029 in the Park Improvement Fund from Hurricane
Wilma to South County Regional Park Phase II; and
E) Budget Transfer of $564,449 in the Park Impact Fees Z-3 Fund from
Aquacrest Pool Facility Enhancement to South County Regional Park Phase II.
SUMMARY: These
actions will provide the additional consultant services and funding needed to
complete Phase II of South County Regional Park Parcel A, including the golf
course which was halted in 2007 when the South Florida Water Management
District (SFWMD) rescinded the County’s water use permit. To meet the new requirements for permit
approval by the SFWMD and address various environmental concerns, significant
changes to the planned development were proposed and approved in the recently
received new permit. Supplements 4 and 5
identify additional engineering design services, construction document
preparation, and construction administration services for the project which
includes topographical survey and geotechnical services, recharge well design,
distribution piping design, irrigation pump design, electrical design, sanitary
sewer and storm water design, landscape and cart path redesign, environmental
enhancement, and regulatory approval.
The additional funding needed to design and construct the modifications
to the project is approximately $1,800,000.
Funding for these services is from the $6.1M Sunshine Fund ‘06, Park
Improvement Fund, and Zone 3 Park Impact Fees.
Miller Legg & Associates will provide participation of 10.2% Small
Business Enterprise (SBE) and 4.4% Minority/Women Business Enterprise (M/WBE)
for this Authorization. When added to
the Consultant’s participation to date, the resulting participations are 12.5%
SBE and 8.7% M/WBE. The consultant’s
contract goal is 18% SBE and 2% M/WBE. (Capital
Improvements Division) District 5
(JM)
7. Staff recommends
motion to approve: a First Amendment to the Interlocal Agreement
(R2006-1909) with the City of Greenacres (City) for radio maintenance services. SUMMARY: The Agreement with the City, which
provides the terms and conditions under which the City receives radio equipment
maintenance services from the County, will expire on September 11, 2009. The Agreement provides for one (1) - three
(3) year renewal but renewals require approval by both parties. The City has approved a renewal to extend the
term of the Agreement until September 10, 2012.
The renewal now requires Board approval.
The terms of the Agreement are standard. The maintenance rates are
consistent with those being charged to the County departments. The Agreement
may be terminated by either party, with or without cause, with a minimum of three
(3) months notice. (FDO/ESS) District 3 (JM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: a Drainage
Easement in favor of the Village of Royal Palm Beach for storm water drainage
for the Royal Palm Beach Library. SUMMARY:
Palm Beach County is currently expanding the Royal Palm Beach Library, located
near the southwest corner of Okeechobee Boulevard and Royal Palm Beach
Boulevard in Royal Palm Beach. The existing 7,955 square foot library is being
expanded by 12,530 square feet to handle the heavy volume of residents who use
the facility. Expansion of the Library
requires replacement of the existing platted drainage easement with this new
Easement. The relocated Drainage
Easement area is 20’ wide by approximately 285’ long and will cover an area
which is approximately 5,713 square feet (.13 acre). This is a perpetual non-exclusive Drainage
Easement and is being granted to the Village of Royal Palm Beach at no charge
since it will replace the existing drainage easement which will be abandoned. (PREM)
District 6 (HJF)
9. Staff recommends
motion to approve: a Deed of Conservation Easement across a portion of
Okeeheelee Park South in unincorporated Greenacres in favor of the South
Florida Water Management District (SFWMD). SUMMARY: As a condition of a
SFWMD permit for the development of Okeeheelee Park South, the County is
required to grant SFWMD a Deed of Conservation Easement upon completion of
construction of a surface water management system and on-site wetland
mitigation to serve the 600+ acre park.
The park is located at 7500 Forest Hill Boulevard in unincorporated
Greenacres, between South Jog Road and Florida’s Turnpike. The County acquired the land from the Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida
(TIITF) in 1996. This non-exclusive
easement consists of 16 wetland mitigation areas containing a total of 27.96
acres all being located within a 71-acre on-site lake. The easement is being granted to the SFWMD at
no cost as a condition of compliance with the SFWMD permit. (PREM) District 6 (HJF)
10. Staff recommends
motion to receive and file: a
Memorandum of Termination of the Use Agreement (R2006-0347) with Ric Bradshaw,
Sheriff of Palm Beach County, dated February 28, 2006, for use of space in the
former cafeteria building at 4215 Cherry Road, West Palm Beach. SUMMARY: On November 1, 2005, the Board approved an
Internal Memorandum of Understanding with the Department of Airports
(R2005-2163) for the County’s use of the former King’s Academy facility located
at 4215 Cherry Road in West Palm Beach (Cherry Road). On February 28, 2006, the Board approved a
Use Agreement whereby PBSO leased for a term of five (5) years expiring on
February 27, 2011, the former cafeteria building at Cherry Road for use by its
information technology employees. PBSO
paid its annual rent through February 27, 2009. Pursuant to the terms of a
Memorandum of Understanding For Property Exchange (R2008-0613) approved by the
Board on April 15, 2008, Cherry Road was transferred from the Department of
Airports’ control to the County’s control on May 1, 2008. As a result of the
transfer in control to the County, rent payments from PBSO are no longer
required as PBSO’s rent is funded through the County’s General Fund. Therefore,
the Use Agreement with PBSO is to be considered terminated effective May 1,
2008, with no further rent due. (PREM) District 2 (HJF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: a License
Agreement with the School Board of Palm Beach County for use of School Board
property to provide for a temporary staging area for the Water Utilities
Departments’ (WUD) operations and maintenance crews in Belle Glade. SUMMARY: On June 16, 2009 (R2009-1034), the Board
approved an Interlocal Agreement with the City of Belle Glade, the City of
Pahokee and the City of South Bay establishing the Glades Utility Authority
(GUA) for the purpose of providing water, wastewater and reclaimed water
services to the residents of Belle Glade, Pahokee, South Bay and surrounding
areas. The Interlocal Agreement
establishes a transition period for the transfer of assets, systems and utility
service from the Cities to the GUA.
During the transition period, WUD is to provide services to the GUA
which include operations, maintenance, replacement and construction services
for the utility systems. WUD has
requested the use of vacant School Board property at its West Tech Campus
adjacent to the Lake Region Water Treatment Plant in order to set up a
temporary staging area for the provision of these services. This License Agreement provides for the
utilization of the School Board property as a temporary staging area for
placement of modular buildings, a parking area and storage of utility materials
and equipment. The term of the License
Agreement is for one (1) year ending on August 18, 2010. There will be no charge for the use of this
property. The cost associated with the
set up of the temporary staging area is $91,125. The County has the right to assign this License
Agreement to the GUA. (PREM) District 6 (HJF)
12. Staff recommends
motion to approve:
A) Contract with
S Group, Inc. in the amount of $397,400 for the construction of Santaluces
Concession Stand Replacement;
B) Budget Transfer of $83,450 in the Property and Casualty Insurance Fund
from Reserve to the Park Improvement Fund line; and
C) Budget Amendment of $83,450 for the Park Improvement Fund to receive
funds from the Property and Casualty Insurance Fund and to increase budget for
the Santaluces Concession Stand Replacement project.
SUMMARY: This
Contract will provide for the construction of a new, one story 1,384 sq. ft.
concession building that includes concession area, meeting room, restrooms and
supporting site utilities at the existing Santaluces Athletic and Aquatic
Complex. The Small Business Enterprises
(SBE) goal for this project is 15%. S
Group, Inc. bid included 15% participation. The contract time is 160 calendar
days to substantial completion. The Budget Transfer and Budget Amendment are
necessary to increase budget for the design and construction of the replacement
building. The source of funds for this Transfer
is the Property and Casualty Insurance Fund.
The funds will be transferred to the Park Improvement Fund upon
completion of the Contract. (Capital Improvements Division) District 3 (JM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: an Agreement with Northwest Riviera Beach
Community Redevelopment Corporation
(NWRBCRC) to provide for a total of $294,500
in Federal HOME Investment Partnership Program (HOME) funds to facilitate the construction of 22 single-family homes in
an affordable homeownership project known as “Brooks Subdivision.” SUMMARY: Approval of this Agreement will allocate $294,500 of HOME/Community Housing Development
Organization Reserve funds for site-development, professional services and
project delivery costs directly associated with the development and marketing
of this affordable housing project. This Agreement will permit reimbursement of
development expenditures incurred immediately after purchase of the development
site on October 10, 2008. Delays
caused by rebidding the site development and applying for additional financing
from the City of Riviera Beach and the Palm Beach County Housing Finance
Authority, did not permit the NWRBCRC to make timely expenditures and seek
reimbursements within the time period allowed under the original Agreement,
which expired on February 28, 2009 (R2008-1487). These HOME funds are provided to this project in order to support
affordable homeownership opportunities for eligible first-time homebuyers. As a result of allocating these
federal HOME funds to the “Brook’s Subdivision” project, ten (10) homes will be
designated as HOME-assisted (with five (5) homes being sold to very low income
families and five (5) to low-income families). The remaining 12 homes will be
sold to families whose household incomes do not to exceed moderate income (120%
of AMI). The Agreement shall have an effective date of November 1, 2008,
through October 31, 2010. This Agreement
provides Federal HOME CHDO Reserve funds which no local match is required. District 7 (TKF)
2. Staff recommends
motion to approve: the Sale of four (4) Westgate/Belvedere
Homes Community Redevelopment Agency (CRA)-owned properties to Neighborhood
Renaissance, Inc. (NR) for $497,000 subject to the terms of the CRA’s Agreement
with NR. SUMMARY: Pursuant to Ordinance No. 89-6, BCC approval is
required for disposition of any real property owned by the CRA. The four (4) properties will be used by NR as
part of a 13-unit scattered site affordable infill housing project within the
CRA area. The CRA purchased the property
to provide replacement housing for the mobile homes in the area that were
severely damaged by Hurricane Wilma and to provide homeownership opportunities
for the area. The properties were
purchased within the appraised values for a total of $585,725 in 2007 and 2008.
As of September 2, 2008, the properties were appraised at $372,000. Funds
received from the sale of the properties will be put back in the CRA’s general
fund for future redevelopment activities. On September 25, 2007, CRA and NR were
awarded $2,058,461 from the Florida 2005 Community Development Block Grant Disaster
Recovery Initiative (DRI) Funding Program – Supplemental Appropriation
Addressing Hurricane Wilma (DRI No. 3) to develop 18 affordable (80% or below
median income) single and multi-family housing units in the CRA area. To accommodate the current market condition
and absorption rate, ten (10) townhouse units in the original proposal were
replaced with five (5) single-family units, resulting in a decrease of the
overall unit count from 18 to 13 units.
Of the 13 units, four (4) units will be multi-family units (2 duplexes)
and the remaining nine (9) units will be single-family units. The DRI No. 3
funds will be used for the construction of replacement housing for people who
were displaced by the Hurricane Wilma. District 2 (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
3. Staff
recommends motion to approve:
A) Amendments to the
Program Guidelines for the Neighborhood Stabilization Program (NSP) funded
First Mortgage Loan Program and Residential Redevelopment Program to require a
minimum purchase discount of one percent (1%) from the market appraised value
of each residential property purchased
with NSP funds; and
B) Subsequent Amendments to the criteria which
may be necessitated by future rule changes by the Department of Housing and
Urban Development (HUD).
SUMMARY: On April 21, 2009,
the Board of County Commissioners approved the Program Guidelines for the NSP funded First
Mortgage Loan Program and Residential Redevelopment Program (Agenda Item 6D-2).
The approved Program Guidelines for
both programs required that all properties must be purchased at a minimum
discount of fifteen percent (15%) below the current appraised market
value. This was in compliance with HUD
requirements which were published in the initial NSP Notice on September 29,
2008. On June 11, 2009, HUD issued a revision to the NSP Notice which reduced
the required minimum purchase discount to one percent (1%) below the
market appraised value for each residential property purchased with NSP funds. The proposed Amendment to The Program
Guidelines for The First Mortgage Loan Program and the Residential
Redevelopment Program will make these guidelines consistent with the new HUD
requirement by specifically requiring a discount of at least one percent (1%) from
the current market-appraised value of each residential property that is
purchased utilizing NSP funds. Allowing staff to amend the criteria to address
future revisions to the program rules initiated by HUD will allow the County to
efficiently administer the NSP funded programs. This is critical since HUD has
mandated that all NSP funding must be obligated on or before September 4, 2010.
Countywide (TKF)
4. Staff recommends motion to conceptually approve: the following housing project through the Commission on Affordable Housing’s Multi-Family Rental Development program allocating up to $200,000 for the development of up to 120 affordable housing units:
Match
Request
A) Eastwind Development for “Dakota Apartments” $200,000
(District 1) 120 units
SUMMARY: This
funding recommendation represents the required local government
match/contribution necessary to qualify for the Housing Tax Credit Program with
the Florida Housing Finance Corporation (FHFC). The Commission on Affordable
Housing Advisory Committee heard presentations from developers on August 10,
2009, and recommended the represented funding allocation. This project originally received conceptual
approval at the Board of County Commissioners Meeting of May 5, 2009 (Agenda Item
3I-4). However, subsequent to that approval, a new developer (Eastwinds
Development) has taken over the project. This new developer meets all threshold
criteria and has agreed to meet all the terms and conditions the original
developer (Dakota Housing, Ltd.) had agreed to.
Projects actually receiving Tax Credits will be brought to the Palm
Beach Board of County Commissioners for final approval of the requested match.
The Multi-Family Rental Development Program provides assistance to developers
of affordable rental housing serving extremely low, very low and low-income
households. The goal of this strategy is to increase the number of affordable
rental housing units available to lower income residents. The Tax Credit
Program involves a competitive process which does not guarantee funding. If this
project is not selected by the FHFC, the $200,000 in State Housing Initiatives
Partnership (SHIP) funding will be returned to the local housing trust for
other eligible SHIP activities. These are State funds which do not
require local match. District
1 (TKF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: an Interlocal Agreement with the City of Boynton
Beach providing for the City to voluntarily annex parcels identified in Exhibit
“A”, located on the west side of
Seacrest Boulevard, south of Hypoluxo Road. SUMMARY: The City of Boynton Beach (“City”) is processing a request to annex
properties known as Sam’s Club and Palm Beach Memorial, located on the west
side of Seacrest Boulevard, south of Hypoluxo Road. After review of this
annexation, County staff determined that the proposed annexation would create an
unincorporated pocket without the inclusion of the parcels north of the
annexation area, identified in Exhibit “A”. County staff did not recommend an
objection to the annexation because these parcels, identified as A-1 in Exhibit
“A”, have water service agreements that have voluntary annexation clauses. The parcel identified as A-2 in Exhibit “A”,
located on the southwest corner of Hypoluxo Rd. and Seacrest Blvd, does not
currently have a signed water service agreement. As such, the City will pursue
other annexation mechanisms available in an effort to annex the A-2
parcel. The City consented to enter into
an interlocal agreement with the County whereas the City will annex the parcels
in A-1 of Exhibit “A” that have established water service agreements with the
City. These annexations should occur by October 1, 2009 provided that the City
boundary is contiguous to these parcels as of that date. Resolution No. R2009-099,
adopted on July 21, 2009 by the City, approved the Interlocal Agreement. This
action is consistent with the Intergovernmental Coordination Element
Policy 1.4-i of the County’s Comprehensive Plan. District 7 (RB)
K. WATER
UTILITIES
1. Staff recommends
motion to approve: Work Authorization No.
4 to the Optimization and Improvements Design/Build
Services with Globaltech, Inc. (R2008-2323) for the South Bay Regional
Wastewater Pump Station in the amount of $550,366. 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. Funding for the project is
from a Community Development Block Grant made available through the Department
of Housing and Community Development. This Work Authorization is a guaranteed
maximum price for the construction of the South Bay Regional Wastewater
Pump Station. 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 77.93% overall
participation. The cumulative SBE participation, including this Work Authorization,
is 70.84% overall. (WUD Project No. 09-041) District 6 (JM)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends
motion to receive and file: two (2) Standard Development
Agreements complete with executed documents received during the month of June
2009:
Standard
Development Agreements
A) SRR
Holdings, LLC (District 3) 02-01104-000
B) Akram A.
and Muean Ayesh and Tahia S. Ayesh
(District 6) 11-01011-000
SUMMARY: The Terms and
Conditions for Standard Development Agreements are outlined in the Water
Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including Potable Water and Wastewater Agreements
(R93-1619); Reclaimed Water Agreements (R96-0228); and additional conditions
for Potable Water, Wastewater, and Reclaimed Water Agreements (R2003-0539). After these Agreements are executed by the
developer and the Department, they must be recorded by the County Clerk’s
Office. This agenda item recommends the Board receive and file the agreements
so they may be properly recorded. Countywide (SF)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) receive and file Declaration of Restrictive Covenants (DRC) No. 08-001-FF8 and Grant Award Calculation Statement (GAC) awarding a net of $6,297,362 from the Florida Communities Trust (FCT), reimbursing a portion of the Cypress Creek Natural Area Phase IV acquisition costs; and
B) approve a Budget Amendment of $6,297,362 in the Natural Areas Fund to recognize the reimbursement of funds from FCT.
SUMMARY: On October 21, 2008, the Board of County Commissioners (BCC) approved a Grant Contract (R2008-1908) with FCT setting forth the terms under which the County would receive partial reimbursement for all eligible acquisition costs related to the Cypress Creek Natural Area Phase IV. The BCC also authorized the County Administrator or his designee to execute all grant-related documents, including the DRC and the GAC. The Budget Amendment will provide a non ad valorem source of funds for the continued development of the Cypress Creek Natural Area and management of natural areas. This money reimburses the Natural Areas Fund which was used to help acquire this property. The reimbursement funds received from this grant will be used to meet the County’s obligations related to environmental restoration and construction of public use facilities and perpetual maintenance as included in the FCT grant contracts for this and three (3) other phases of the Cypress Creek project site. These reimbursement funds will also help the County meet other FCT contractual obligations, including public use facilities and environmental restoration projects on several other County-owned natural areas. District 1 (SF)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve: Contract
with Mancil’s Tractor Service, Inc. in the amount of $214,664 for the
construction of the Limestone Creek Natural Area Phase III South Oxbows,
Project No. 2009ERM02 (Project). SUMMARY: Fifteen bids were received for the third
phase of an environmental restoration project at Limestone Creek Natural
Area. Mancil’s Tractor Service, Inc. was the lowest responsive, responsible
bidder with 17.11% Small Business Enterprise (SBE) participation, which
exceeds the established 15% goal. The
Project creates two (2) oxbow channels, .85 acres of mangroves, and .30 acres
of transitional tidal plantings. The
Contract is funded with a Loxahatchee River Preservation Initiative (LRPI)
Grant and the Indian River Lagoon License Plate Grant, both administered by the
South Florida Water Management District.
ERM’s match for the LRPI Grant has been established from the Natural
Areas Fund. District 1 (JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement
with the City of Pahokee for the period August 18, 2009, through September 30,
2009, in an amount not-to-exceed $30,100 for City Recreation Complex
improvements. Summary: This funding is to offset the cost of
improvements at Pahokee’s City Recreation Complex. The recreation complex
serves approximately 1,000 individuals on a weekly basis. The Agreement allows
for the reimbursement of eligible project costs incurred subsequent to October
1, 2008. Funding is from the Recreation
Assistance Program (RAP) District 6 Funds. District 6 (AH)
2. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Forest Hill Community High School for the
period January 1, 2009, through December 30, 2009, in an amount not-to-exceed
$2,500 for funding of Environmental Academy field trips. Summary: This fully executed
Request for Funding Form is for School Board RAP allocations made in accordance
with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747),
as amended. Funding is from the Recreation Assistance Program (RAP) District 2
Funds. District 2 (AH)
3. Staff recommends
motion to approve: Agreement
with West Boca Basketball, Inc. for the period August 18, 2009, through
September 30, 2009, in an amount not-to-exceed $4,500 for funding of basketball
camps/clinics. Summary: This funding is to assist with
expenses paid by West Boca Basketball, Inc. for basketball camp/clinic
expenses. The programs serve approximately 60 participants per week. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to December 1, 2008. Funding
is from the Recreation Assistance Program (RAP) District 5 Funds. District
5 (AH)
4. Staff recommends
motion to approve: Agreement
with Project Aspiration, A Class Act Learning Center, Inc. for the period
August 18, 2009, through September 30, 2009, in an amount not-to-exceed $1,000
for funding of the Cultural Diversity Day event. Summary: This funding is to help offset
costs paid by Project Aspiration, A Class Act Learning Center, Inc. for the
Cultural Diversity Day event. This event
was held on May 9, 2009, and attracted approximately 1,500 participants. The Agreement allows for reimbursement of
eligible expenses incurred subsequent to April 1, 2009. Funding is from the Recreation Assistance
Program (RAP) District 6 Funds. District
6 (AH)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to approve: Agreement
with Ann Norton Sculpture Gardens, Inc. for the period August 18, 2009, through
November 30, 2009, in an amount not-to-exceed $7,500 for funding of the Artist
Preservation Project. Summary: This funding is to help offset costs for
the completed Artist Preservation Project at the Ann Norton Sculpture Gardens
in West Palm Beach. Approximately 5,000
people visit the Ann Norton Sculpture Gardens each year, and the exhibit for
the preserved art attracted 400 viewers.
The Agreement allows for the reimbursement of eligible pre-Agreement
expenses incurred subsequent to June 1, 2008.
Funding is from the Recreation Assistance Program (RAP) District 2
Funds. District 2 (AH)
6. Staff recommends
motion to approve: Agreement
with the City of Greenacres for the period August 18, 2009, through May 15,
2010, in an amount not-to-exceed $20,000 for
the Veterans Memorial and Greenacres Freedom Park ballfield lighting
projects. Summary: This funding is to help offset
costs incurred by the City of Greenacres for lighting projects at Veterans
Memorial and Greenacres Freedom parks. Approximately 33,600 people utilize
these fields annually. The Agreement
allows for the reimbursement of eligible expenses incurred subsequent to June
1, 2009. Funding is from the Recreation
Assistance Program (RAP) District 2 Funds.
District 2 (AH)
7. Staff recommends
motion to receive and file: two (2) fully-executed original Agreements
for Recreation Assistance Program (RAP) funding as follows:
A) Agreement with Aid to Victims of
Domestic Abuse, Inc. for the period July 6, 2009, through March 31, 2010, in an
amount not-to-exceed $2,500 for the 2009 5K Run/Walk by the Sea; and
B) Girls II Women, Women’s Forum, Inc. for the
period July 6, 2009, through November 1, 2009, in an amount not-to-exceed
$5,000 for the 2009 College Tour.
Summary: Delegation of authority for execution of these
standard Recreation Assistance Program (RAP) Agreements was approved by the
Board on May 19, 2009 (5F-1). Funding is from RAP District 7 Funds. District
7 (AH)
8. Staff recommends
motion to receive and file: original executed First Amendment to Request
for Funding Form for School Board Recreation Assistance Program project for
Sunset Palms Elementary School for murals, benches, free-time reading
libraries, and community/after school reading and resource center furnishings
(R2008-1528), to extend the project completion date from June 1, 2009, to
August 30, 2009. Summary: This
fully executed First Amendment to Request for Funding Form is being processed
in accordance with the Interlocal Agreement for the Funding of Recreation
Assistance Program (RAP) Projects (R2003-1747), as amended. The amended project completion date of August
30, 2009, is being extended by three months to allow project completion time
and completion of reimbursement documentation.
All other project terms, including the funding amount of $53,200, remain
the same. Funding is from the Recreation
Assistance Program (RAP) District 5 Funds.
District 5 (AH)
9. Staff recommends
motion to approve: First Amendment to Interlocal Agreement (R2006-1143) with the City of West Palm Beach for
funding of the Gaines Park Multi-Purpose Community Center to extend the project
completion date from June 19, 2009, to June 19, 2010. Summary: This Amendment
extends the project completion date for the Gaines Park Community Center from
June 19, 2009, to June 19, 2010, in order to allow for additional time for
project completion and submission of the reimbursement request to the
County. All other terms of the
Agreement, including the funding amount of $2,000,000, remain the same. Funding for the project is from the 2002 $50
Million Cultural and Recreational Facilities Bond referendum. District
7 (PK)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
10. Staff recommends
motion to receive and file: Palm
Beach County Florida Boating Improvement Program Project Agreement with the
Town of Lake Park for the
period July 15, 2009, through July 14, 2010, in an amount not-to-exceed $52,000 for the Lake Park Harbor Marina
Emergency Boat Ramp Remediation project.
Summary: On April 21, 2009, the Board approved $52,000 in Florida Boating Improvement Program
(FBIP) funding for emergency repair of existing boat ramps at the Lake Park Harbor
Marina. The Board also authorized staff
to prepare an FBIP Project Agreement to be executed by the County Administrator
or his designee on behalf of the County.
The Agreement allows for the reimbursement of eligible expenses
subsequent to January 15, 2009. District 1 (AH)
11. Staff recommends
motion to receive and file: executed
Independent Contractor Agreement received during the month of July: Julie
Singleton, Swimming Instructor, Therapeutic Recreation Complex. Summary: In accordance with County PPM CW-O-051,
all delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item. The Independent Contractor
Agreement has been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 94-422, amended
by Resolutions 02-2103 and 07-0409, and is now being submitted to the Board to
receive and file. District 3 (AH)
12. Staff recommends
motion to approve: Agreement
with Ski Club of the Palm Beaches, Inc., a non-profit corporation for the
period August 18, 2009, through November 11, 2009, in an amount not-to-exceed
$11,000 for the purchase, delivery, and installation of a ski jump at
Okeeheelee Park. Summary: This funding is to assist with
costs for the purchase, delivery, and installation of a ski jump for the
Okeeheelee Park water ski course by the Ski Club of the Palm Beaches, Inc. The ski jump will replace the existing
deteriorating ski jump. The water ski course serves approximately 5,000
individuals annually. Besides local use, this course is the venue for national
and international tournaments that provide a positive economic impact to the
County. The Agreement allows for the
reimbursement of eligible project costs incurred subsequent to June 25, 2009.
Funding is from the Aquatics Division’s maintenance and repair budget. District 6 (AH)
P. COOPERATIVE
EXTENSION SERVICE
1. Staff recommends
motion to approve: an Agreement
with the Palm Beach Soil and Water Conservation District in an amount not to
exceed $79,000 to provide soil and water resource conservation services for FY
2010. Summary:
This Agreement provides funding for the Palm Beach Soil and Water
Conservation District’s (District) Resource Conservation activities. The
District provides resource conservation services to rural, agricultural, and
urban communities to facilitate soil and water conservation in Palm Beach
County. Services include soil information and technical assistance to improve
water quality and quantity and soil planning in Palm Beach County. Countywide
(AH)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to:
A)
approve the submittal of
the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula
Program: Local Solicitation application, previously called the Local Law
Enforcement Block Grant (LLEBG), for the period October 1, 2008, to September
30, 2012, totaling $303,005 in federal funds; and
B) authorize the Criminal Justice Commission’s Executive Director, through the
County Administrator, to execute electronically all related documents for the
FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and to
execute all necessary forms, documents and the resulting grant agreement as
required by U.S. Department of Justice, Office of Justice Programs.
SUMMARY:
Palm Beach County is
eligible to receive a direct award of $303,005 for the following proposal: 1)
the Criminal Justice Commission (CJC) Youth Violence Prevention Project (YVPP)
for $272,705. The proposal above equals 90% of the eligible award amount. The remaining 10% of the award amount
($30,300) will be used by the CJC for costs associated with administering JAG
funds. There is no requirement for match with the JAG funds. Countywide (DW)
2. Staff recommends
motion to:
A) approve the submittal of the following nine (9) grant
proposals to the Florida Department of Law Enforcement (FDLE) for the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program State Solicitation: 1) Criminal Justice Commission Program
Evaluation for $100,000; 2) City of Pahokee Youth Programs for $132,000; 3)
Palm Beach Community College, Criminal Justice Institute, firing range training
enhancements for $5,910; 4) Gulfstream Goodwill Industries, Belle Glade
Re-Entry for $60,000; 5) N.O.P.E. Taskforce Education Program for $40,000; 6)
Palm Beach Law Enforcement Exchange, LEX Project for $80,000; 7) Public
Defender, Re-Entry paralegal assistance for $40,000; 8) City of Riviera Beach,
Weed & Seed Program for $64,000 and 9) YWCA of Palm Beach County, Y Girls
Program for $20,000; and
B) authorize the Criminal Justice Commission’s Executive
Director, through the County Administrator, to execute electronically all
related documents for the FY 2010 Edward Byrne Memorial Justice Assistance
Grant (JAG) Program and to execute all necessary forms, documents and the
resulting grant agreement as required by the FDLE for FY 2010.
SUMMARY: The Criminal Justice Commission met on July 27,
2009, and approved the recommendations made by the CJC Finance Committee for FY
2010 funds totaling $602,122. The
proposals above equal 90% of the eligible award amount. The remaining 10% of
the award amount ($60,212) will be used by the CJC for costs associated with
administering JAG funds. No local match is required for the JAG
program. Countywide (DW)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends
motion to:
A) ratify the Chairman’s signature approving a Grant Application to the Federal Emergency Management Agency (FEMA), U.S. Department of Homeland Security’s (DHS) A.R.R.A Assistance to Firefighters Grant program in the amount of $2,773,348, with no cost-share requirement; and
B) authorize the County Administrator, or his designee (Battalion Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the Grant Application via the DHS/FEMA website.
SUMMARY: The Assistance to Firefighters (AFG) Fire Station Construction (FSC) Grants provide financial assistance directly to fire departments on a competitive basis to build new or modify existing fire stations in order for departments to enhance their response capability and protect the community they serve from fire and fire-related hazards. The authority for this grant program is derived from the American Recovery and Reinvestment Act (ARRA) of 2009 which provided a total of $210 million to this grant program. The maximum award for one application is $15 million with no one project within an application exceeding $5 million. The primary goal of this grant program is to help fire departments meet their firefighting and emergency response needs. The FSC grant program seeks to support organizations lacking the tools and resources necessary to effectively protect the health and safety of the public and their emergency response personnel with respect to fire and all other hazards. Palm Beach County is requesting $2,773,348 to fund the construction of Station 74 within the City of South Bay, while committing $86,864 of the existing project budget to cover the cost of items ineligible under the grant program such as landscaping. The deadline for electronic submission of this grant application to the grantor agency was July 10, 2009. Due to the preparation time, submittal deadlines, and BCC meeting dates, the grant had to be submitted prior to full Board approval. Countywide (SB)
2. Staff recommends
motion to approve: a Memorandum
of Understanding (MOU) Relating to Fundraising for the Drowning Prevention
Coalition of Palm Beach County with the American Red Cross (ARC), Greater Palm
Beach Area Chapter, for a period of three (3) years. SUMMARY:
The Drowning Prevention Coalition (DPC) program is managed by Palm
Beach County Fire Rescue; however, the program is funded by multiple sources
including the Children’s Services Council of Palm Beach County and the County’s
General Fund. This MOU defines a
cooperative working relationship with the Red Cross allowing each party to
maintain its own identity in providing services to the community yet coordinate
the delivery of their respective swimming and water safety activities by
sharing data, information and changes in applicable legislation, as they relate
to water safety. Each party will include
a representative in committees and task forces formed to improve water safety
education and maintain ongoing communications of potential funding
opportunities that could benefit both parties.
The Red Cross shall research, apply for and/or solicit additional
funding sources, specifically for the delivery of drowning prevention programs
within Palm Beach County. If their
efforts result in secured funding for the DPC, the funding shall be awarded to
the County as a grant and Fire-Rescue will prepare the necessary budget
amendment documents to recognize the grant award and establish budget for the
designated purchases. Countywide (SB)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: a Contract with the Children’s Health Care
Associates, P.A., in an amount not to exceed $54,000 for the period of October
1, 2009, to September 30, 2010 for professional/medical services to the
residents of Highridge Family Center. SUMMARY:
This Contract provides physical examinations, diagnosis, and treatment of
illnesses of the residents of Highridge Family Center. On July 23, 2002, the Board authorized the
County Administrator or his designee to execute these contracts as long as
funding was available and they were approved by the County Attorney’s office
for legal sufficiency. Countywide (DW)
2. Staff recommends
motion to:
A) receive and file an executed modification to the agreement with State
of Florida, Division of Emergency Management to receive Federal Emergency
Management Performance Grant (EMPG) funds in the amount of $197,942 for a total
of $296,668; and
B) approve a upward Budget Amendment of $86,668 in the Emergency Management Grant
Fund to adjust grant budget.
SUMMARY: This
is an annual federal grant that the Division of Emergency Management receives
to enhance emergency management operations of the County. The grant will be
used to further enhance emergency planning, response, mitigation and recovery
in the County. This modification increases the federal grant award to $197,942
or $92,942 more than prior years. The federal portion of the agreement will
have until June 30, 2010 to be expended. The state portion of $98,726 to be
expended by September 30, 2009 remains unchanged. Resolution R2006-0401 authorizes
the County Administrator or his designee to execute grant contracts with
Florida Department of Community Affairs. A
dollar for dollar County in-kind match is required by the grant, and
included in the County budget. Countywide (GB)
3. Staff recommends
motion to receive and file: the following executed agreements with the Fifteenth Judicial Circuit for
the period July 1, 2009, to June 30, 2010:
A) Agreement for Expert Witness Professional
Services for adult competency evaluations;
B) Agreement for Expert Witness Professional
Services related to appointment as an Examining Committee member relating to guardianship
matters;
C) Agreement for Expert Witness Professional
Services for juvenile competency evaluations and psychological evaluations; and
D) Agreement for Social (Custody)
Evaluations/Home Studies
SUMMARY: The Administrative Office of the Court has contracted with the Division
of Justice Services to provide court ordered forensic evaluations and testimony
through Justice Services’ Forensic Psychology Office. Seniors, adults, teens, and children throughout the county
are directed to the Forensic Psychology Office with the appropriate Court
Order, outlining which specific evaluation is required. The scope of services provided includes
competency evaluations for adult and juvenile criminal matters, psychological
evaluations for adult and juvenile criminal matters, child welfare and family
court cases, social (custody) evaluations for indigent parties involved in
family court proceedings and appointment as an Examining Committee member
relating to guardianship matters. Resolution No. R2005-0792 authorizes the County Administrator or his
designee to sign contracts to provide forensic evaluations for the Fifteenth
Judicial Circuit. Countywide (GB)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A) receive and file an executed agreement with Florida Council Against
Sexual Violence (FCASV) to receive grant funds in the amount of $24,008 for the
period July 1, 2009, to June 30, 2010; and
B) approve a Budget Amendment of $24,008 in the Public Safety Grant Fund to adjust
grant budget.
SUMMARY: This
is an annual grant that is received by the Division of Victim Services. The
funds will be used to provide sexual battery recovery services to victims. Resolution R2006-0096
authorizes the County Administrator or his designee to execute certain FCASV
grant agreements on behalf of the County. No
County match is required. Countywide (GB)
5. Staff recommends
motion to receive and file: the original executed Grant Agreement with Child & Family
Connections to receive up to $34,651 per year for the Division of Justice
Services supervised visitation services provided by the Family Connections
program, for the period of July 1, 2009, through June 30, 2010. SUMMARY:
Resolution R2005-1588 authorizes the County Administrator or his designee to
execute grant contracts with Child & Family Connections to provide
supervised visitation services. The
grant does not require any County cash match; a County in-kind match of
$3,850.12 is required by the grant. Countywide (GB)
6. Staff recommends
motion to:
A) approve acceptance of the Office of Justice Programs
FY 2009 Drug Court Discretionary Grant (2009-DC-BX-0016) in the amount of
$200,000 for Palm Beach County Drug Court for the period of September 1, 2009,
to August 31, 2011;
B) authorize the County Administrator or his designee to execute
electronically all related documents for the Office of Justice Programs FY 2009
Drug Court Discretionary Grant Program.
C) approve a Budget Amendment of $200,000 in the Justice Services Grant Fund to
establish grant budget.
SUMMARY: This is an
Office of Justice Programs federal grant in the amount of $200,000 to expand
Palm Beach County’s Adult Drug Court to include a track for co-occurring mental
health and substance abuse issues. The program’s goal is to provide integrated
substance abuse and mental health treatment services to 50 drug court participants
with co-occurring disorders. The additional mental health treatment will
increase the success rate of the substance abuse treatment for these
participants. This grant is for a two (2)
year period, beginning on September 1, 2009 and ending on August 31, 2011. The grant does not require any County cash
match; an in-kind match of 25% is however required. Countywide (GB)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve: Interlocal
Agreement with the Town of Lake
Park regarding the placement of bus shelters within the Town’s limits by
the County’s bus shelter contractor, CBS Outdoor Group Inc. Summary: In December 2001, Palm Beach County
entered into a long-term bus shelter construction and advertising contract with
NextMedia Outdoor Inc., which was assigned on October 28, 2008 to CBS Outdoor
Group, Inc. Various cities have expressed interest in having the County’s
contractor build bus shelters within their community. The Interlocal Agreement
gives the County the right to construct advertising bus shelters within the
Town of Lake Park. In accordance with previous policy of the Board, advertising
revenue generated from the shelters constructed in any municipality will be
passed through to that municipality. Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement with the
City of Miramar, a municipal corporation of the State of Florida, as the fiscal
agent for the Ft. Lauderdale Urban Area Security Initiative (UASI) to provide
$451,337 in FY 2008 reimbursable funding for various direct law
enforcement oriented domestic security activities effective until May 31, 2011;
and
B) approve a Budget Amendment of $451,337 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds and related equipment will be
used for direct law enforcement activities. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (DW)
AUGUST 18, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an agreement with
the City of Miramar, a municipal corporation of the State of Florida, as the
fiscal agent for the Ft. Lauderdale Urban Area Security Initiative (UASI) to
provide an additional $146,685 in FY 2007 reimbursable funding for
various direct law enforcement oriented domestic security activities effective
until April 10, 2010;
B) accept on behalf of the Palm Beach County Sheriff’s Office, an agreement with
the City of Miramar, a municipal corporation of the State of Florida, as the
fiscal agent for the Ft. Lauderdale Urban Area Security Initiative (UASI) to
provide an additional $82,500 in FY
2007 reimbursable funding for various
direct law enforcement oriented domestic security activities effective until
April 10, 2010;
C) approve a Budget Amendment of $229,185 in the
Sheriff’s Grant Fund.
SUMMARY: On May 20, 2008,
the of
County Commissioners accepted an agreement on behalf of the Palm Beach County Sheriff’s
Office an agreement with the City of Miramar, a municipal corporation of the
State of Florida, as the fiscal agent for the Ft. Lauderdale Urban Area
Security Initiative (UASI) to provide $412,745 in FY 2007 reimbursable funding for various direct law enforcement oriented domestic
security activities effective until April 10, 2010 (R2008-0894). These two (2) agreements provide a
means of funding various domestic security activities within the County and
region using surplus federal Urban Area Security Initiative (UASI) funds
through the City of Miramar as the Ft. Lauderdale UASI’s fiscal agent. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(DW)
3. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the U.S. Department of Justice Project
Safe Neighborhood grant, for the Midnight Hoops Program for Fremd Village, to
extend the ending grant period from June 30, 2009, to December 31, 2009. SUMMARY: The Board of County
Commissioners (BCC) accepted this grant for $44,125 on September 11, 2007; the original grant period was July
1, 2007, through March 31, 2008 (R2007-
1575). On June 3, 2008, the BCC
received and filed an agenda item extending the grant period from March
31, 2008, through December 31, 2008
(R2008-1001). On April 7, 2009, the BCC
received and filed an agenda item extending the grant period from December
31, 2008, through June 30, 2009
(R2009-0597). This agenda item will extend
the grant period from June 30, 2009, through December 31, 2009. The objective of this program is to purchase lighting and develop a
basketball and prevention education program for youth in and around the Fremd
Village Housing community in Pahokee. The Palm Beach County Sheriff’s Office has been given an extension to
allow the grant funds to be fully expended. No additional positions are
needed and no additional County funds are required. Countywide (DW)
* * * * * * * * * * * *
AUGUST 18, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring August 2009 as “Local 2928 Firefighter Appreciation Month” in Palm
Beach County. (Sponsored by Commissioner
Vana)
B. Proclamation
declaring August 17 – 23, 2009 as “Hireability Week” in Palm Beach County.
(Sponsored by Commissioner Koons)
C. Proclamation
honoring Chief Herman W. Brice on 25 years of dedicated service to Palm Beach
County. (Sponsored by Commissioner Marcus)
D. Certificate
of Appreciation to Phyllis House for 35 years of distinguished service to the
Palm Beach County Clerk & Comptroller’s Office as well as the Palm Beach
County Board of County Commissioners.
* * * * * * * * * * * *
AUGUST 18, 2009
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to continue Public Hearing to September 15, 2009 to:
A) adopt a Resolution confirming the special assessment process for Cinquez Park Area Paving and Drainage Improvement;
B) adopt a Resolution confirming the special assessment process for Cinquez Park Area Water Distribution System;
C) adopt a Resolution confirming the special assessment process for Cinquez Park Area Sanitary Sewer Collection System Project;
D) accept an Ordinance from the Town of Jupiter to authorize Palm Beach County (County) to assess property owners for Cinquez Park Area improvements within the Town of Jupiter;
E) approve a Contract with Sheltra & Son Construction Company, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $967,512.75 for the above Cinquez Park Area Paving and Drainage, Water Distribution System, and Sanitary Sewer Collection System improvements (Project); and
F) approve a Budget Transfer of $960,125 in the Municipal Services Taxing Unit Improvement Fund from Reserves to Cinquez Park Area improvements.
SUMMARY:
Adoption of these three (3) Resolutions
will allow the County to collect 50% of the project costs for the paving and
drainage portion and 100% of the project costs for the water and sewer systems
portion for the improvements to Cinquez Park.
Assessments will be payable in 20 equal annual installments. The
Ordinance passed by the Town of Jupiter will permit the County to assess the
property owners that are within the municipal boundaries that receive a benefit
from the improvements. Approval of the construction contract will authorize the
contractor to build the sanitary sewer collection system, the water
distribution system, the storm water system and pave the roads. The
Small Business Enterprise participation committed for the Project by the
Contractor is 15.32% overall. District 1 (MRE)
B. Staff recommends motion to adopt: a Resolution abandoning a portion of that certain unimproved 25 foot wide platted right-of-way lying east of and adjacent to Tract 6, Block 4, Palm Beach Farms Plat No. 3, as recorded in Plat Book 2, Pages 45-54, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this resolution will allow for the abandonment of the unused road right-of-way, lying within Palm Beach County Water Treatment Plant No. 8. The site is located south of Okeechobee Boulevard, east of Jog Road and north of Belvedere Road. Palm Beach County Water Utilities Department operates this treatment plant and their proposed site plan, as approved by the Development Review Officer, calls for the abandonment of this right-of-way. District 2 (PK)
C. Staff recommends motion to adopt: a Resolution abandoning portions of the unimproved 25 foot and 30 foot wide platted rights-of-way, adjoining Tract 5, Block 4, Palm Beach Farms Plat No. 3, as recorded in Plat Book 2, Pages 45-54, Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will allow for the abandonment of the unused road rights-of-way, lying within Palm Beach County Water Treatment Plant No. 8. The site is located south of Okeechobee Boulevard, east of Jog Road and north of Belvedere Road. Palm Beach County Water Utilities Department operates this treatment plant and their proposed site plan, as approved by the Development Review Officer, calls for the abandonment of these rights-of-way. District 2 (PK)
AUGUST 18, 2009
5. 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, amending Sections 2-80.21
through 2-80.34 of the Palm Beach County Code, which codified Ordinance No.
2002-064, as amended by Ordinance No.
04-071, Ordinance No. 05-048, and Ordinance No. 2008-014, and established the
Small Business Enterprise Program; providing for definitions; providing for
eligibility standards; providing for commercially useful business function;
providing for application procedures; providing for application review
procedures; providing for recertification; providing for decertification;
providing for M/WBE eligibility; 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 Office of Small
Business Assistance (OSBA) conducted a study of comparable regional programs
and reviewed gross receipts of county SBEs.
Based on the research, the OSBA determined in order to reduce confusion,
the county should utilize gross receipts when determining the size of the SBE
for certification. Other changes to the
SBE Ordinance are recommended to create a thorough process for reviewing
applications for certification and provide further clarity in the ordinance. Countywide
(TKF)
E. Staff recommends motion to adopt: a Resolution conceptually authorizing the granting of 4.33 acres of a drainage easement and a flowage easement within the Winding Waters Natural Area in exchange for approximately 19.42 acres of land to be unencumbered by Northern Palm Beach County Improvement District (Northern) canal easements within the Winding Waters Natural Area pursuant to the Conservation Lands Protection Ordinance (No. 2003-052). SUMMARY: The Conservation Lands Protection Ordinance requires a request to use or convey an interest in conservation lands for purposes other than originally intended to be offset by an offer that provides an exceptional benefit to the Conservation Lands Program. The removal of 19.42 acres of Northern canal easements within the Winding Waters Natural Area will allow the completion of the creation of approximately 185 acres of freshwater wetlands, and the ability to raise groundwater elevation almost 4.5 feet throughout much of the remainder of the natural area. Raising the groundwater elevations will help restore degraded wetlands located in those remaining areas. The exchange of these canal easements for drainage and flowage easements provides an exceptional benefit to the Conservation Lands Program because it allows the site to be restored as a large wetland complex that was envisioned for the site when it was purchased from Watermark Communities, Inc. in 2001. It also provides for the creation of the wetland system for which the site is named. The wetland creation work is being funded through a cooperative agreement with the Solid Waste Authority (R2008-1373), which is buying the fill material derived from the wetland creation. Pursuant to the Conservation Lands Protection Ordinance, a Public Hearing must be held for consideration of a Resolution by the Board to approve the concept of using Conservation Lands for purposes other than originally intended or conveying interests in Conservation Lands to another entity. In addition, pursuant to Section 3.03 of the Ordinance, the Natural Areas Management Advisory Committee has reviewed and recommended this easement exchange. The City of West Palm Beach has also reviewed the exchange application and has no objection to the exchange. In order to approve the Resolution, the Board must have an affirmative vote of five (5) members of the Board. District 7 (HF)
AUGUST 18, 2009
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
F. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Sections 2-80.41 through
2-80.48 of the Palm Beach County Code, which codified Ordinance 02-065
establishing a “Local Preference in Purchasing Ordinance”; providing for a
title; providing for definitions; providing for a reciprocal preference for
local businesses; providing for a straight preference for local businesses;
providing for a straight preference for Glades businesses; providing for a
straight preference for the use of Glades subcontractors by local businesses;
providing for limitations; 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 current Local Preference Ordinance (Ordinance
No. 2002-065), which was adopted in 2002, established a 5% straight local
preference for local businesses. It also established a 5% reciprocal preference
for local businesses competing against vendors from Martin, Broward and
Miami-Dade Counties that is applied when a local preference ordinance or policy
established by one of those Counties is utilized against Palm Beach County
vendors. In addition to the 5% straight local preference and the 5% reciprocal
preference for local businesses, the proposed Ordinance Amendment establishes a
5% straight local preference for Glades businesses competing against local or
non-local vendors for goods or services to be utilized in the Glades and for
any construction projects located in the Glades. The proposed Ordinance
Amendment also establishes a straight 3% or 4% preference for local businesses
using Glades subcontractors for goods or services to be utilized in the Glades
or for any construction projects located in the Glades. Countywide (DW)
* * * * * * * * * * * *
AUGUST 18, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to:
A) adopt a
Resolution supporting Office Depot Inc. as an approved qualified applicant for
Florida=s Qualified
Target Industry (QTI) Tax Refund Program; and
B) approve the Special Economic Development Agreement for Major
Investments, as the required QTI local match with Office Depot Inc., in
an amount not to exceed $650,000 per year for ten (10) years in consideration
of the capital investment of $210,000,000, for the retention of 1,750 jobs (40
HR Full-Time Equivalent {FTE} or 2,030 jobs at 35 HR FTE) and the creation of
200 jobs in Palm Beach County at an average annual salary of $76,792, excluding
benefits.
SUMMARY: Office Depot, Inc. committed to construct their Global, North American Corporate and Latin American Headquarters in Boca Raton, Florida. The Board of County Commissioners (BCC) on July 11, 2006, approved a conceptual Economic Development Ad Valorem Tax Exemption for Office Depot, Inc. not-to-exceed $650,000 annually, conditional upon the company achieving the goals of investing $210,000,000 in private capital for construction of the headquarters, achieve average annual salaries of $76,792, the retention of 1,750 employees (40 HR FTE or 2,030 jobs at 35 HR FTE), and hiring an additional 580 full-time employees. In 2007, the Board of County Commissioners agreed to reduce the new jobs requirement to 400. Office Depot, Inc. has now completed construction of a new 631,975 square feet Global Headquarters at a capital investment of $210,000,000; has agreed to meet 100% of their obligation for average salaries at $76,792, excluding benefits, and will retain their current 1,750 person (40 HR FTE or 2,030 jobs at 35 HR FTE) labor force. Office Depot requested to reduce their job creation goal from 400 to 200 due to current economic conditions. Their eligible annual incentives will be reduced proportionately to account for this reduction. In 2009, the Palm Beach County Property Appraisers Office determined that the Ad Valorem Tax Exemption Program Section 196.1995(5) F.S. would be limited to 100% of the assessed value of the old facility (567,468 SF) minus the new facility (635,067 sq. ft.), or 64,327 square feet. This determination did not fulfill the conceptual approval; therefore in consideration of the scope of investment by Office Depot, Inc., and the conceptual approval of incentives for their expansion in Palm Beach County, a Special Economic Development Agreement for Major Investments has been prepared. The intent is to replace the tax exemption application with a performance based ten (10) year agreement. The FY 2009 - 2010 Budget includes the maximum annual incentive allowed by this Agreement. No funds will be expended in FY 2008 - 2009. District 5 (DW)
AUGUST 18, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to adopt: a Resolution authorizing the issuance of American
Recovery and Reinvestment Act (ARRA) Federal Recovery Zone Facility Bonds and
providing for the legal process, including application, fees, policy and
procedures consistent with Federal Treasury Department regulations. SUMMARY: On February 17, 2009, the American
Recovery and Reinvestment Act (ARRA) authorizing the issuance of Recovery Zone
Facility Bonds was signed into law. On
June 12, 2009, the Treasury Department allocated $15 Billion for Recovery Zone
Facility Bonds, which includes Palm Beach County’s allocation of $53,988,000.
These bonds were specifically created to foster economic development in
distressed areas. Recovery Zone Facility Bonds are tax exempt private activity
bonds that can be used for qualified private business, but must be used to
finance “recovery zone property” in a Recovery Zone. The Treasury defined a
Recovery Zone as any area designated by the issuer as having significant
poverty, unemployment, rate of home foreclosures or general distress. The
County Administrator, in consultation with the Economic Development Office,
will designate areas of Palm beach County as Recovery Zones in conformance with
the purpose of the ARRA. A qualified
business is defined as any trade or business except residential rental property
or certain businesses such as private golf courses, massage parlors, hot tub
facilities, suntan facilities, racetracks and other gambling facilities or
liquor stores. The bond allocation expires on December 31, 2010. Federal law
requires the Board of County Commissioners to approve each project prior to
issuance of such Bonds. These
bonds are the sole obligation of the private business and not a financial
obligation of the County. They require
no guarantees of the County and are not assessed against the bonded indebtedness
of the County. Countywide (PFK)
3. Staff recommends
motion to approve:
A)
creation of a new Economic
Development Specialist Position within the Economic Development Office (EDO);
B)
the revision of the Community
Development Block Grant (CDBG) Set-Aside Program criteria to allow for funding
of an Economic Development Specialist Position; and
C)
Amendment No. 10 to the FY
2008/2009 Annual Action Plan, to provide funding for an Economic Development
Specialist position under the Community Development Block Grant (CDBG) Economic
Set-Aside Program FY 2008/2009.
SUMMARY: The
proposed Amendment will allow for the funding of a new Economic Development
Specialist position to provide direct services and assistance to large and
small businesses creating, expanding and maintaining jobs for members of
low-moderate income households. The
position will be limited to the funds remaining annually in the Housing and
Community Development Economic Set-Aside funds. The Economic Development
Specialist will be hired at Pay Grade 35 with a salary range of $51,001.60 to
$83,663.84. The above grant funded position will be eliminated when the grant
funding is exhausted. These are Federal
CDBG funds which require no local match. Countywide (DW)
AUGUST 18, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
4. Staff recommends
motion to approve:
A) the creation of a
Palm Beach Community College Glades Campus Scholarship Program in the amount of
$20,000 in partnership with the Palm Beach Community College Foundation, Inc.;
B) a Budget Transfer
of $20,000 in the Park Improvement Fund from Reserves for District 6 to the
General Fund;
C) a Budget
Amendment of $20,000 in the General Fund decreasing the annual transfer to the
Park Improvement Fund and the appropriation to the District 6 Recreation
Assistance Program;
D) a Budget Transfer
of $20,000 in General Fund from Reserves to the Palm Beach Community College
Glades Campus Scholarship Program; and
E) authority for the County Administrator to
execute the Agreement with the Foundation on behalf of the County.
SUMMARY: The rural
“Glades” communities are associated with high rates of poverty, illiteracy, school
dropout and unemployment. These and other generational ills have caused
devastation throughout the community with unemployment numbers soaring to
unprecedented levels. These communities have working class families where
the per capita income is as low as $6,572. The factors that impede youth
outcomes of economic self-sufficiency and healthy familial and social
relationships are very similar to other distressed areas throughout the State
and the Nation, including that the high school graduation rate in the Glades
averages only 40%. This Scholarship Program
is designed to help Glades residents of limited means to have a better chance
of a life of financial independence. The Program will provide a mechanism to
teach vocational skills that will lead to professional license, thus enhancing
long term transferable employment. The Program will focus on increasing the
number of skilled vocational workers in the fields of welding and heavy
equipment mechanics, construction and cosmetology. The Program will be operated
out of the West Technical Center in Belle Glade. Initially 26-33 scholarships
will be provided. These numbers are based on individual class tuitions ranging
from $377 per class to $295 per class. These program funds would be reimbursed
by financial aid monies once a student passed the necessary exams, thus
providing for long term program funding. This is a non-standard use of RAP
funds. District 6 (AH)
AUGUST 18, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to:
A) approve the following District 7 Recreation Assistance Program (RAP)
reallocations in an amount not to exceed $12,000:
1.
Martin Luther King, Jr. Coordinating Committee of West Palm Beach – artistic,
cultural and educational enrichment activities ($5,000);
2.
Inner City Youth Golfers, Inc. – student
golf program ($2,500);
3.
Redemptive Life Urban Initiatives Corporation – “Palm Beach Youth Jam 2009”
($2,500); and
4.
Youth Recreation Association of Riviera Beach - Boys’ basketball team program
($2,000).
B) authorize the County Administrator, or his designee to
execute the standard RAP agreements in the amount stated.
SUMMARY: Prior to Commissioner Addie Greene leaving office, she had allocated RAP funding to a number of non-profit agencies. Two (2) of those agencies: Community Neighborhood Helping, Inc./$5,000 for the Glory Awards (no longer scheduled) and PB XXtreme Heat, Inc./$7,000 for a basketball program (insufficient documentation provided) will not receive funding. Commissioner Taylor is requesting that those RAP allocations be redistributed to the above four (4) non-profit agencies. Approval of this item will authorize the RAP expenditures and allow the agreements to be executed by the County Administrator or his designee. Funding is from RAP District 7. Staff does not intend to process any re-allocations or new allocations after the September 15 Board meeting. All remaining unallocated program funds will be swept. District 7 (AH)
B. WATER
UTILITIES DEPARTMENT
1. Staff recommends
motion to approve: a Service
Agreement with the Glades Utility Authority (GUA) for Operations, Maintenance
and Management of the GUA Utility System.
SUMMARY: On June 16, 2009,
the Board of County Commissioners approved the Interlocal Agreement
(R2009-1034) and Transition Agreement (R2009-1035), establishing 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, South Bay, and surrounding
areas in an efficient and fiscally responsible manner. The Service Agreement authorizes the
County to operate, maintain and manage all utility assets, including the Lake
Region Water Treatment Plant (LRWTP), Belle Glade Wastewater Plant, the
Pahokee Wastewater Treatment Plant, and all water distribution systems and
wastewater collection systems. Countywide
(MJ)
AUGUST 18, 2009
6. REGULAR
AGENDA
C. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Northern Palm Beach County Improvement District (Northern) that provides the process for the County to grant a drainage and flowage easement within the Winding Waters Natural Area to Northern in exchange for Northern’s relinquishment of its canal easement rights to the EPB-9 and EPB-9A canals within the Winding Waters Natural Area. SUMMARY: The Board has considered this easement exchange in concept earlier today under Agenda Item 5E. The Board’s conceptual approval of the exchange pursuant to the Conservation Lands Protection Ordinance requires this separate agenda item to formally authorize the easement exchange. There is no monetary consideration for this exchange. The Agreement provides the methodology and responsibilities of the parties relative to the exchange of drainage and flowage easements that will benefit the creation of approximately 185 acres of wetlands in the Winding Waters Natural Area. The Agreement also provides for the maintenance of water control structures that will be constructed within the drainage easements as part of the wetland creation project. The land area obtained by the County when Northern relinquishes its canal rights to the EPB-9 and EPB-9A canals will allow the completion of the 185-acre created wetland that gives the site its name. The drainage and flowage easements the County will grant to Northern will allow Northern to continue to flow water through the Winding Waters Natural Area. The new water flow will be in a manner that enhances the County’s efforts to restore native habitats on the property and provide a very large wetland system for wading birds, fish, amphibians, and other wetland dependent species, while also providing passive recreational opportunities. District 7 (HF)
D. HOUSING & COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: funding for Eliza Wisdom through the State
Housing Initiative Partnership’s (SHIP) Owner Occupied Rehabilitation Program
(OORP). SUMMARY: The OORP is a
component of the SHIP Local Housing Assistance Plan (LHAP). It finances repairs to hurricane damaged
homes as well as, homes with code violations, deterioration and signs of
decline due to deferred maintenance.
Mrs. Wisdom’s home repairs will cost $27,300. Homeowners with repairs
exceeding $20,001 receive a deferred payment loan secured by a mortgage that
requires no repayment if the home continues to be occupied for 30 years. The
loan becomes due and payable if the property is sold, leased or transferred
prior to the expiration of the 30 year encumbrance period. Mrs. Wisdom’s
daughter, Maureen Harrison is a Fiscal Specialist II employed by Palm Beach
County’s Housing and Community Development Department under a Federal grant
from the U.S. Department of Housing and Urban Development. Mrs. Harrison’s
duties do not involve OORP or any other SHIP initiative which is funded by the
State of Florida. Mrs. Wisdom qualifies as an extremely low-income household
and her family size is one (1). These are SHIP funds which do not require a
local match. Countywide (TKF)
AUGUST 18, 2009
6. REGULAR
AGENDA
E. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve: an Interlocal Agreement with the City of Greenacres
providing for the annexation of one (1) enclave, generally located east of Jog
Road, north of Lake Worth Road on Harmony Drive. SUMMARY: The Board of County Commissioners has
directed staff to work with municipalities to strategically address
annexations. Chapter 171, F.S., allows
annexation of enclaves of less than 10 acres through an Interlocal Agreement
between the annexing municipality and the County. By Resolution No. 2009-19, the City of
Greenacres has petitioned the County to enter into such an agreement for the
annexation of one (1) enclave identified as Exhibit “A” within the interlocal agreement. The
proposed annexation meets the requirements of Chapter 171, F.S., and is
consistent with the Intergovernmental Coordination Element of the County’s
Comprehensive Plan. District 2 (RB)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
September 1, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, titled Palm Beach County Construction Permit Fee
Schedule; repealing Ordinance 2005-018; providing for the construction permit
fee schedule as exhibit “A”; providing for time for assessment of fees;
providing for methodology for valuation for primary permitting fees; providing
for review; providing reference for administrative details on permits; providing
for refunds; providing for fee increases for failure to obtain permits in
advance of construction; providing for violations on non-payment of fees;
providing for records of fees; providing for repeal of laws and ordinances in
conflict; providing for a savings clause; providing for severability; providing
for applicability; providing for inclusion in code; and providing for an
effective date. SUMMARY: On July 12, 2005, the
Board of County Commissioners of Palm Beach County adopted Ordinance 2005-018,
titled Palm Beach County Construction Permit Fee Schedule, along with Exhibit
“A”, which was incorporated. That
ordinance called for an annual review of building permit fees to determine if
fee adjustments are required. Based upon that review it has been determined
that a fee increase is necessary to balance revenues and expenditures and to
maintain an adequate level of service. Significant fee increases have not
occurred since 2003. Thus, Palm Beach County’s fees are much lower than most
other local jurisdictions. The building industry has been included in the
review process. Unincorporated (GB)
F. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
1. Staff recommends
motion to approve: the policies
promulgated by the County Administrator for the issuance, management,
monitoring, and evaluation of all debt obligations issued by Palm Beach County
and for the competitive selection of bond underwriters. SUMMARY: OFMB has revised
the existing Policy and Procedure Memorandum (PPM), No. CW-F-074, Debt
Management Policy and created a new PPM, No. CW-F-076, Competitive Selection of
Bond Underwriters Policy for Negotiated Sales.
Together, these policies establish a County Financing Committee (CFC) which
will be involved in every decision-making aspect of debt-related activities;
establish a preference for competitive sales of bonds, while retaining the
flexibility to utilize negotiated sales when recommended by the CFC; and
require an Request for Proposal (RFP) process for all outside professionals
involved in debt, including financial advisor, bond/disclosure counsel and
underwriters. Both of these PPMs were
provided to the Grand Jury to review as a part of their deliberations. The
Grand Jury recommended that the Board of County Commissioners implement the
County proposals to end the bond rotation system and institute an RFP process
for bond sales. Countywide (PFK)
* * * * * * * * * * * *
AUGUST 18, 2009
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Health
Facilities Authority)
1. Staff recommends
motion to approve: appointment of one (1) individual to the Health
Facilities Authority, effective August 18, 2009:
Nominee Seat No. Seat Requirement Term Expiration Nominated by:
Christopher B. Roemer
2 Resident of PBC
04/30/2013 Comm. Marcus
OR
Rose B. Bellanca 2 Resident
of PBC 04/30/2013 Economic Council
SUMMARY: Per Chapter 154.207, Florida Statutes and Resolution Nos. R77-379, R77-398 and R92-563, the Health Facilities Authority is composed of five (5) members appointed at-large by the Board of County Commissioners (BCC). A memo dated March 31, 2009, was circulated to the BCC notifying the Board that there was a vacancy on the Health Facilities Authority, due to Peter Baronoff not seeking reappointment. Two nominations where received, one from Commissioner Marcus and one from the Economic Council. To date, no other nominations have been submitted. Countywide (TKF)
B. PALM
TRAN
(Palm
Tran Service Board)
1. Staff recommends
motion to approve: appointment of three (3) at-large members from the following
categories to the Palm Tran Service Board:
|
Nominee |
Category & Seat Number |
Term to Expire |
Nominated by |
|
Terry Brown |
Elected Municipal Official Official of a Municipality Located within Palm Beach County, Seat No. 4 |
8/17/2011 |
Comm. Abrams Comm. Koons |
|
Roberta Van Sickle |
Disability Advocate, Seat No. 2 |
8/17/2011 |
Comm. Koons |
|
Marta Suarez-Murias |
Fixed Route Bus Passenger, Seat No. 9 |
5/17/2010 |
Comm. Koons |
Summary: The Palm Tran Service Board was established
December 18, 2001 (R2001-2241), as amended April 2, 2002 (R2002-0485), and is
currently comprised of 13 at-large voting members from 13 categories appointed
by the Palm Beach County Board of County Commissioners. Members may serve two
(2) year terms with no limit on reappointments. The individuals named above
have been or are in seats on the board at this time. Staff is recommending a
realignment of individuals within certain seats. A memo dated July 6, 2009 was
circulated to the Board of County Commissioners along with the Board
Appointment Nomination Forms. Countywide (DR)
AUGUST 18, 2009
7. BOARD
APPOINTMENTS
C. ENVIRONMENTAL RESOURCES MANAGEMENT
(Natural
Areas Management Advisory Committee)
1. Staff recommends
motion to approve: the following
nominations to Seat 7 to fill the vacancy created by the resignation of Andre
Cadogan for term ending October 31, 2010.
Nominee Representing Seat Nominated by
Allen Trefry Citizen having an interest in 7 Comm.
Jeff Koons
preservation and conservation Comm.
Karen Marcus
of natural areas.
OR
Evelyn Parkes-Brier 7 Comm. Karen Marcus
OR
Cynthia Plockelman
7 Comm. Karen Marcus
SUMMARY: On February 24, 2009, the Board of County
Commissioners (BCC) adopted Resolution No. 2009-0319 which established NAMAC
with seven (7) at-large members. The
composition of the Committee shall be as follows: one (1) member with experience in the
management of natural areas, one (1) biological scientist, one (1) professional
educator with knowledge of South Florida ecosystems, one (1) representative of
a local municipal government public recreation program, one (1) member of the
Palm Beach County Parks and Recreation Department staff, two (2) citizens
having an interest in preservation and conservation of natural areas. A
memorandum from Environmental Resources Management (ERM) was sent to the BCC on
May 29, 2009 requesting nominations for Seat 7.
Mr. Trefry, Ms. Parkes-Brier and Ms. Plockelman have expressed an
interest in completing the term for Seat 7.
There were no other nominations. Countywide (SF)
(Groundwater
and Natural Resources Protection Board)
2. Staff recommends motion to approve: the appointment of one at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) for a term of three (3) years beginning August 18, 2009, through August 17, 2012.
New Appointment
Nominee Representing Seat No. Nominated By
Lloyd A. Comiter Attorney
licensed to 2 Palm
Beach County practice in Florida Bar Association
SUMMARY: Ordinance 92-20 and Article 17.C.7. of the Unified Land Development Code (ULDC) provide for a seven (7) member GNRPB. The membership consists of one (1) professional engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one (1) biologist or chemist, one (1) citizen of PBC, and one (1) member of an environmental organization. Ordinance 92-20 and Article 17.C.7 of the ULDC requires Seat No. 2 to be filled by an attorney licensed to practice in Florida. No other nominations were received. Countywide (SF)
D. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
AUGUST 18, 2009
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
AUGUST 18, 2009
9. 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 PRISCILLA A. TAYLOR
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
August 18, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
AUGUST 18, 2009
PAGE ITEM
10 3C-12 REVISED SUMMARY: An amended Interlocal Agreement will transfer the responsibility from the Delray Beach Housing Authority to the City for improvements to SW12th Avenue at the site of the old Carver Estates property. The $1,000,000 is the same amount as was in the 2008 Agreement. (Engineering)
17 3E-16 REVISED TITLE & SUMMARY: Staff recommends motion to approve:
A) Child Care Food Program (CCFP) Contract for
the period of October 1, 2009, through September 30, 2010, in the amount of $1,097,083
$1,367,359 for meals served to Head Start/Early Head Start children; and
B)…Summary:
This Contract will enable the Head Start Program to participate in the FY
2009/2010 CCFP by providing 979 infants, toddlers and children with breakfast,
lunch, and a snack each day. The
Delegation of Signing Authority form will allow for one (1) representative,
other than the Chairperson, to sign any additional forms from the DOH during
the contract period. Head Start staff projects reimbursement of $815,421 from
the Florida DOH. County support of $281,662
$551,938 is required for a total amount of $1,097,083 $1,367,359
to serve meals to Head Start and Early Head Start children. The application was
received at the DOH training workshop on August 4, 2009. The County funds are
included in the proposed FY 2010 budget. (Community Services)
18 3F-3* DELETED: Staff
recommends motion to approve: Amendment No. 2 to the Agreement with URS
Corporation Southern for Consulting/Professional Services in the amount of $575,326
for the completion of additional services relative to the Environmental
Impact Statement (EIS) for the Airfield Improvement Project at Palm Beach
International Airport (PBIA). (Airports)
20 3H-3 REVISED SUMMARY:
On April 25, 2006, the Board
approved proceeding with Jail Expansion II consisting of the expansion of the
West County Detention Facility, the Stockade and renovations to the Main
Detention Center. This Amendment….The
Small Business Enterprises (SBE) participation goal for this project is
15%. Moss & Associates will be
providing 15% 16.12% SBE participation in this Amendment. Overall
SBE participation is 15.8% 15.9%.
The duration for this work is 242 calendar days. This Amendment also includes adding language
to the contract regarding the County’s policy for the use of preferences for
evaluating subcontractor bids for Small Business Enterprises and local firms.
(FDO)
26 3I-4 DELETED: Staff recommends motion to conceptually approve: the following housing project through the Commission on Affordable Housing’s Multi-Family Rental Development program allocating up to $200,000 for the development of up to 120 affordable housing units: (Further staff review) (HCD)
27 3K-1* REVISED TITLE: Staff recommends motion to approve: Work
Authorization No. 4 to the Optimization and Improvements Design/Build Services with Globaltech, Inc.
(R2008-2323) for the South Bay Regional Wastewater Pump Station in the amount
of $550,366 $550,336. (WUD)
44 6A-4* REVISED TITLE: Staff recommends motion to approve:
A) the creation of a
Palm Beach Community College Glades Campus Scholarship Program in the amount of
$20,000 in partnership with the Palm Beach Community College Foundation,
Inc.;…(Admin)
B) a Budget Transfer
of $20,000 in Park Improvement General Fund from Reserves for
District 6 to the General Fund; decreasing the transfer to the Park
Improvement Fund and increasing the transfer to the Economic Development Fund;
C) a Budget Amendment of $20,000 in the General Park Improvement
Fund decreasing the annual transfer to the Park Improvement Fund from
the General Fund and the appropriation to the District 6 Recreation
Assistance Program;
D) a Budget Amendment Transfer of $20,000 General Fund
in the Economic Development Fund increasing the transfer from the General
Fund and the appropriation from Reserves to the Palm Beach Community
College Glades Campus Scholarship Program; and
E) authority for the County Administrator to
execute the Agreement with the Foundation on behalf of the County. (Admin)
45 6B-2 ADD-ON:
Staff
recommends motion to approve: Release of Utility Easement on land owned by Boynton
Beach Associates XXI, LLLP. SUMMARY: This document will release the County’s interest in the utility easement
(Easement) recorded in the Official Records of Palm Beach County in Book 08692,
Page 0612 on land owned by Boynton Beach Associates XXI, LLLP. The Water
Utilities Department has determined that this Easement is no longer needed, and
therefore recommends the release. District 5 (MJ) (WUD)
46 6D-2 ADD-ON:
Staff recommends motion to conceptually approve: the following two (2) affordable housing projects through the
Commission on Affordable Housing’s Multi-Family Rental Development Program
allocating up to $200,000 for the development of up to 218 affordable housing
units:
Match Request
1)
Temple Development, LLC for “Madison Springs Apts.” $200,000
(District 3) - 92 units
Alternate
2)
Beneficial Acquisitions, LLC for “Grace Wood Senior Apts.” $200,000
(District 3) - 126 units
SUMMARY: These funding recommendations represent the required local government match/contribution necessary to qualify for the Housing Tax Credit Program with the Florida Housing Finance Corporation (FHFC). The Commission on Affordable Housing Advisory Committee originally made funding recommendations on April 20, 2009, and those recommendations were conceptually approved by the Board of County Commissioners (BCC) on May 5, 2009 (Agenda Item No. 3I-4). Since that time, two (2) of the conceptually approved projects have been withdrawn by the developer, Auburn Development, LLC., and the two (2) alternates approved by the BCC on May 5, 2009 has received the funding allocations released by Auburn Development, LLC. The Commission on Affordable Housing on August 10, 2009 recommended that the BCC conceptually approve “Temple Development, LLC” for the development of “Madison Springs Apartments” and “Grace Wood Senior Apartments” be named as an alternate to receive match funding should any of the other projects withdraw. Since the CAH meeting, the County has received notice that Dakota Housing LLC has lost site control. District 3 (TKF) (HCD)
48 7B-1* REVISED TITLE: Staff recommends motion to approve: appointment of three (3) at-large
members from the following categories to the Palm Tran Service Board: (Palm
Tran)
|
Nominee |
Category & Seat Number |
Term to Expire |
Nominated by |
|
Terry Brown |
Elected Municipal Official Official of a Municipality Located within Palm Beach County, Seat No. 4 |
8/17/2011 |
Comm. Abrams Comm. Koons Comm. Taylor |
|
Roberta Van Sickle |
Disability Advocate, Seat No. 2 |
8/17/2011 |
Comm. Koons Comm. Taylor |
|
Marta Suarez-Murias |
Fixed Route Bus Passenger, Seat No. 9 |
5/17/2010 |
Comm. Koons Comm. Taylor |
49 7C-1 REVISED TITLE: Staff recommends motion to approve: the following nominations to Seat 7 to fill
the vacancy created by the resignation of Andre Cadogan for term ending October
31, 2010. (ERM)
Nominee Representing Seat Nominated by
Allen Trefry Citizen having an interest in 7 Comm.
Jeff Koons
preservation and conservation Comm.
Karen Marcus
of natural areas.
OR
Evelyn Parkes-Brier 7 Comm.
Karen Marcus
Comm.
Priscilla A. Taylor
OR
Cynthia Plockelman
7 Comm. Karen Marcus
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 (*).