ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 6, 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 - 36)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 37)
5. REGULAR
AGENDA (Pages 38 - 39)
6. BOARD
APPOINTMENTS (Pages 40 - 43)
7. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 44)
8. STAFF
COMMENTS (Page 45)
9. COMMISSIONER
COMMENTS (Page 46)
10. ADJOURNMENT (Page 46)
* * * * * * * * * * *
OCTOBER 6, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Handicapped Accessibility and Awareness
Program grant awards
3A-2 Grant Agreement with Palm Beach County Black
Business Investment Corporation for consulting services and financial
assistance to small businesses
Page 8
3A-3 Grant
Agreement with Riviera Beach Maritime Academy for Marine Academy Program
3A-4 Community
Development Block Grant Economic Set-Aside Program grant awards
Page 9
3A-5 Amendment No. 1 to FY 2009/2010 Annual
Action Plan for Economic Set-Aside Program funds
3A-6 Section 108
Loan Program Agreement with Oxygen Development, LLC
3A-7 YouthBuild
USA Program Resolution
B. CLERK
& COMPTROLLER
Page 10
3B-1 Warrant list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING
& PUBLIC WORKS
Page 10
3C-1 Tri-Partite Agreement with South Central
Florida Express and FDOT for grade crossing traffic control devices at
Larrimore Road crossing
3C-2 FY 2009/2010
Pathway Program
Page 11
3C-3 Contract
Amendment with Southeast Attenuators, Inc. to annual guardrail contract
3C-4 Exception to criteria in Article 13 (Impact
Fees) of Unified Land Development Code for Palm Center Car Wash
3C-5 Supplemental Agreement with HSQ Group, Inc.
related to Central Blvd./Indiantown Rd. improvements
Page 12
3C-6 Local Agency Program Agreement with FDOT for
Military Trail milling and resurfacing (Clint Moore Rd. to Lake Worth Rd.)
3C-7 Joint Participation Agreement with FDOT for
State Road 7 irrigation and landscaping (Palmetto Park Rd. to Glades Rd.)
3C-8 Resolution vacating the plats of Okeechobee
Fruit Lands Company
D.
COUNTY ATTORNEY
Page 13
3D-1 Resolution
authorizing Clerk & Comptroller to issue and release County warrants
3D-2 Official transcript for closing of Water
& Sewer Revenue Bonds (FPL Reclaimed Water project)
3D-3 Official transcript for Capital Improvement
Bond Anticipation Note (Four Points and other Public Building projects)
3D-4 Official
transcript for closing of Palm Beach County, Florida, Line of Credit
Page 14
3D-5 Engagement
Letter for Accounting Services for Housing Finance Authority
3D-6 Engagement
Letter for External Auditor for Housing Finance Authority
3D-7 Settlement
Agreement in Eddie Jones v. Palm Beach County case
Page 15
3D-8 Third Amended
Agreement with de la Parte & Gilbert for legal services
E.
COMMUNITY SERVICES
Page15
3E-1 Contract with Comprehensive AIDS, Inc. for
Ryan White Park A HIV Emergency Relief Minority AIDS Initiative funds
3E-2 Agreement with Oakwood Center of the Palm for
permanent housing beds for disabled, homeless individuals.
OCTOBER 6, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E.
COMMUNITY SERVICES (Cont’d)
Page 16
3E-3 Amendment
No. 2 with Area Agency on Aging for Community Care for the Elderly Program
3E-4 Amendment
No. 2 with Area Agency on Aging for Home Care for the Elderly Program
3E-5 Contract for Consulting/Professional
Services with Multilingual Psychotherapy Centers for mental health services to
Early Head Start children
3E-6 Modification
to Low Income Home Energy Assistance Grant with Dept. of Community Affairs
Page
17
3E-7 Amendment
No. 1 with School Board regarding Head Start Delray Full Service Center
3E-8 Contract
for Consulting/Professional Services with Marriage & Family Services for
mental health services to Head Start children
3E-9 Contract
for Consulting/Professional Services with Caregivers Services, Inc. for health
services to Early Head Start children
F.
AIRPORTS
Page 17
3F-1 Joint
Participation Agreement with FDOT to rehabilitate Runway 15/33, Taxiway C,
& Apron
Page 18
3F-2 Joint Participation Agreement with FDOT for
water and wastewater connection at North Palm Beach County General Aviation
Airport
3F-3 Joint Participation Agreement with FDOT for
Wetland Wildlife Hazard Mitigation project at North Palm Beach County General
Aviation Airport
3F-4 General Consulting Agreement with Ricondo
& Associates for Airports’ Capital Improvement Plan
Page 19
3F-5 Automated Retail Vending Concession
Agreement with NewZoom, Inc. for retail vending machine location
3F-6 Change Order No. 6 with CTR Systems Parking,
Inc. for Parking Access and Revenue Control System Replacement project
Page 20
3F-7 Contract
with Hi-Lite Markings, Inc. for Runway Designation Remarking/Airfield Signage
3F-8 Receive and
file 14 original agreements for Airports
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 21
3H-1 Interlocal
Agreement with Town of South Palm Beach relative to 800Mhz radio system
Page 22
3H-2 JOC Work Order No. 09-081 with M.A.C. Construction
for Judicial Center renovations for Clerk & Comptroller’s IT Server Room
3H-3 Amendment No.
3 with DCOTA Contracting to annual residential contract
3H-4 Amendment No.
3 with Andrea Construction, Inc. to annual residential contract
Page 23
3H-5 Amendment No.
3 with Joe Schmidt Construction, Inc. to annual residential contract
3H-6 Amendment No.
3 with All-Site Construction, Inc. to annual residential contract
3H-7 JOC Work Order No. 09-162 with M.A.C.
Construction for renewal/replacement of three (3) hydraulic elevators at
Governmental Center
Page 24
3H-8 First Restatement of Lease Agreement with
South Florida Fair and Palm Beach County Expositions; and Restated Agreement
with Palm Beach Community College for driver training facility
3H-9 Amendment No. 1 to Lease Agreement with
Prince of Belle Glade Gardens for Glades Glen Head Start facility
OCTOBER 6, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 25
3I-1 Westgate/Belvedere
Homes CRA FY 2010 Budget
3I-2 Grant
Agreement with Housing & Urban Development for Neighborhood Stabilization
Program
3I-3 Grant Agreement with Housing & Urban
Development for Community Development Block Grant Recovery Program
Page 26
3I-4 Grant Agreement with Housing & Urban
Development for Homeless Prevention & Rapid Re-Housing Program
3I-5 Amendment
No. 2 with City of Riviera Beach for housing rehabilitation program
3I-6 Amendment
No. 2 with In The Pines for construction of 20 rental townhouses
Page 27
3I-7 Funding
proposal to Dept. of Community Affairs for CDBG Disaster Recovery Initiative
funds
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 27
3K-1 Agreement for Emergency Generator purchase,
operation and maintenance with Villaggio at Village of Windsor Homeowners
Association
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 28
3L-1 Receive and
file three (3) original documents for ERM
3L-2 Task Change Order No. 0410-07A with Taylor
Engineering regarding Jupiter/Carlin Shore Protection project
M.
PARKS & RECREATION
Page 28
3M-1 Agreement
with City of Belle Glade for Belle Glade Summer Fest Festival
Page 29
3M-2 First
Amendment with Adolph and Ruth Levis Jewish Community Center for Camp Kovod
3M-3 Notice of
Limitation of Use/Site Dedication regarding Jim Barry Light Harbor Park
3M-4 Nine (9)
Independent Contractor agreements
Page 30
3M-5 First
Amendment with City of Pahokee for City Recreation Complex improvements
3M-6 Three (3)
Recreation Assistance Program agreements
3M-7 Budget
Transfer for Phil Foster boat ramp improvements
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 30
3Q-1 FY 2009
Justice Assistance Grant for South County Community Justice Service Center
Page 31
3Q-2 FY 2009
Recovery Act Justice Assistance Grant for various criminal justice projects
R. HUMAN RESOURCES - None
S.
FIRE RESCUE - None
T.
HEALTH DEPARTMENT
Page 31
3T-1 Purchase of
low level mercury vapor analyzer for Fire Rescue
Page 32
3T-2 Contract
with Department of Health for Environmental Health & Engineering programs
OCTOBER 6, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U.
INFORMATION SYSTEMS SERVICES - None
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
Page 33
3X-1 Amendment with Florida Council Against
Sexual Violence to provide sexual battery recovery services
3X-2 Agreement with Florida Division of Emergency
Management to enhance County’s Community Emergency Response Team program
3X-3 Interlocal Agreement with City of Greenacres
for purchase/installation of security camera system
Page 34
3X-4 Agreement with Florida Division of Emergency
Management to enhance emergency planning and coordination
3X-5 Agreement with City of Miramar for Fort
Lauderdale Urban Area Security Initiative grant for web-based regional
emergency collaboration system
X.
PUBLIC SAFETY
Y.
PURCHASING - None
Z.
RISK MANAGEMENT
Page 34
3Z-1 Purchase of
airport liability insurance
AA.
PALM TRAN
Page 35
3AA-1 Amendment No. 1 with Florida Department of
Highway Safety and Motor Vehicles regarding driver license examinations
3AA-2 Two (2) Year
Agreement with School District for annual and semester bus passes
BB.
SHERIFF
Page 35
3BB-1 Memorandum of
Agreement amending FY 2006 Urban Area Security Initiative Grant Program
Page 36
3BB-2 Drug Farm
Phase II Enhancement Grant award
3BB-3 Grant
Modification for Regional Virtual Fusion Center project
SPECIAL PRESENTATIONS - 9:30 A.M.
Page
37
4A Certificates
of Appreciation to Mary D. Hinton and Sara Ashworth Lankler
4B Certificate
of Appreciation to Dr. Ronald Giddens
4C National
Childhood Nutrition Day
4D Florida
Supreme Court Justice Jorge LaBarga Day
4E Oktoberfest
4F Disability
Mentoring Month
4G National
Latino AIDS Awareness Day
4H Lights
On After-School Day
4I Put
the Brakes on Fatalities Day
4J Southeast
Florida Regional Climate Leadership Summit Day
4K National
Wildlife Refuge Day at Arthur R. Marshall Loxahatchee National Wildlife Refuge
OCTOBER 6, 2009
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 38
5A-1 Update on
the H1N1 Virus by Health Department
PARKS
& RECREATION
Page 38
5B-1 Annual
permit fee policy for saltwater boat ramp trailer parking
WATER UTILITIES
Page 38
5C-1 Purchase
orders with vendors for FPL Reclaimed Water project
Page 39
5C-2 Various
agreement regarding the West County Energy Center
BOARD APPOINTMENTS
(Pages 40 - 43)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 44)
STAFF COMMENTS
(Page 45)
COMMISSIONER COMMENTS (Page 46)
ADJOURNMENT (Page 46)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to approve: grants in a total amount not to exceed $30,000
for the Handicapped Accessibility and Awareness Program with the following
non-profit agencies, in the amounts and for the services indicated for the
period October 1, 2009 through September 30, 2010:
A) Jeff Industries, Inc. funds to purchase a
computer, printer and office supplies in an amount not to exceed $3,000;
B) Palm Beach Chapter of the National
Federation of the Blind to purchase a computer, computer accessories, a
wireless microphone, a projector and office supplies in an amount not to exceed
$5,000;
C) Florida Outreach Center for the Blind, Inc.
to purchase a computer, night vision goggles, instructional materials, office
supplies and to cover a portion of cost for a holiday party for blind children
and their families in an amount not to exceed $5,000;
D) Deaf Service Center of Palm Beach County to
purchase speech mapping equipment, twelve (12) behind the ear programmable
hearing aids and the cost of printing the agency’s newsletter in an amount not
to exceed $5,000;
E) Seagull Industries for the Disabled, Inc.
to cover a portion of the costs needed to repair and refinish the floors of the
vocational workshop in an amount not to exceed $5,000; and
F) Archer Disability Foundation to cover a
portion of the expenses for closed caption television awareness episodes,
postage, brochure layout, printing, office supplies, mentors event signage,
certificates and career day shirts in an amount not to exceed $5,000.
Summary: The funds for this grant are derived from
funds collected from parking violations in designated parking spaces. County
Ordinance No. 92-29 provides that revenue from these fines shall be used to
improve accessibility and equal opportunity to qualified physically disabled
persons in the County and to provide funds to conduct public awareness programs
concerning physically disabled persons. Countywide (TKF)
2. Staff recommends
motion to approve: a
Grant Agreement with the Palm Beach
County Black Business Investment
Corporation (BBIC) in the amount of $60,000 from October 1, 2009, to
September 30, 2010. SUMMARY: This Grant Agreement with the BBIC will
provide for operational expenses necessary to continue providing consulting
services and financial assistance to existing and start-up small businesses in
Palm Beach County. The scope of services outlined for FY 2010 include: obtaining
five (5) business loan approvals from banking institutions in the amount of $900,000,
serving 270 clients, and creating/retaining 50 full-time jobs. Funding is
included in the 2010 budget. The FY 2010
Grant Agreement of $60,000 is reduced from last year’s level of $88,000. Countywide (DW)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve: a Grant Agreement with the Riviera Beach Maritime
Academy (RBMA) in the amount of $35,000 from October 1, 2009, to September 30, 2010. SUMMARY: Palm Beach
County’s Marine Tech Prep Program is in its 11th year of operations. This Grant Agreement with RBMA, a public charter
school, will provide assistance for the development of the Marine Academy
Program. The scope of services outlined in the Agreement include: (A) Increase
enrollment by 40% in the 2009-2010 school year-from 125 to 175 students; (B)
Organize eight educational field trips to increase student to student positive
interaction in practice with the marine workforce skills learned in the
classrooms; (C) Organize four marine industry-related projects such as the
design and operation of Remotely Operated Vehicles, and build an underwater
robot vehicle to participate in the International Robotic Competition and other
competitions; and (D) Assist senior students in their post-secondary career
development through counseling for college admission or job/training opportunities
within the Palm Beach County Marine Industries Career Network. Funding is included in the 2010 budget. The FY 2010 Grant Agreement of $35,000 is
reduced from last year’s level of $76,000. Countywide (DW)
4. Staff recommends
motion to approve: five (5) Agreements funded under the Community
Development Block Grant (CDBG) Economic Set-Aside Program FY 2009/2010 for the
period of October 1, 2009, to September 30, 2010 as follows:
A)
an
Agreement with The Business & Economic Development & Revitalization
(BEDR) Corporation of Palm Beach County, Inc. totaling $79,200;
B)
an
Agreement with The Center for Technology, Enterprise and Development, Inc. (TED
Center) totaling $79,200;
C)
an
Agreement with The Enterprise Development Corporation (EDC) of South Florida,
Inc. totaling $79,200;
D)
an
Agreement with The Enterprise Development for Glades Entrepreneurs (EDGE)
Center, Inc. totaling $79,200; and
E)
an
Agreement with The Business Loan Fund (BLF) of the Palm Beaches, Inc. totaling
$180,000.
SUMMARY: With funds
approved by the Board of County Commissioners for the CDBG Economic Set-Aside
projects for FY 2009/2010 on October 6, 2009, the five (5) non-profit
organizations will continue to provide assistance and support for the
development and expansion of micro-enterprises defined as “commercial
enterprises” that have five (5) or less employees, which includes one or more
of whom owns the enterprise (24CFR 570.3). Together these organizations will
create a minimum of 36 full-time equivalent (FTE) jobs meeting a U.S.
Department of Housing and Urban Development (HUD) objective. Funding is
included in the FY 2010 Budget. The FY 2010 grant agreements with BEDR, TED,
EDC and EDGE totaling $316,800 is reduced from last year’s level of
$352,000. The FY 2010 Grant Agreement
with the BLF, totaling $180,000 is reduced from last year’s level of $200,000. These
are Federal Community Development Block Grant funds which do not require local
matching funds. Countywide (DW)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to approve: Amendment No. 1 to the FY 2009/2010 Annual Action
Plan, which will provide funding to five (5) non-profit organizations totaling $496,800
under the Community Development Block Grant (CDBG) Economic Set-Aside Program
FY 2009/2010. SUMMARY: The
proposed amendment will allow for the funding of five (5) non-profit
organizations to provide assistance and support services for the development of
micro-enterprises {24 CFR570.201(o)} under the CDBG Set-Aside Program for
Economic Development. The individual
organizations include: The Business & Economic Development &
Revitalization Corporation of Palm Beach County, Inc. ($79,200), The Center for
Technology, Enterprise and Development, Inc. ($79,200), The Enterprise
Development Corporation of South Florida, Inc. ($79,200), The Enterprise
Development for Glade Entrepreneurs Center, Inc. ($79,200), and the Business
Loan Fund of the Palm Beaches, Inc. ($180,000). An amount of $681,578, which
represents the 10% set-aside from the FY 2009/2010 CDBG Program, is available
for distribution under the CDBG Economic Development Set-Aside Program. These
are Federal CDBG funds which do not require local matching funds. Countywide
(DW)
6. Staff recommends
motion to:
A) approve a Section 108 Loan Program Agreement between
Palm Beach County (PBC) and Oxygen Development, LLC in the amount of
$3,000,000, contingent upon the approval of the U.S. Department of Housing
& Urban Development (HUD);
B) approve the increase of the working capital loan terms from ten (10) years to
15 years; and
C) authorize the County Administrator to sign all loan
documents associated with this item.
SUMMARY: On September 2, 2009, the
Section 108 Loan Review Committee, made up of representatives from the Economic
Development Office, Housing & Community Development, and the Office of
Financial Management & Budget, recommended providing a $3,000,000 HUD
Section 108 loan for Oxygen
Development, LLC (the "Company") through the Palm Beach County
Section 108 Loan Program. The Company, a
manufacturer of color cosmetics, skin care, hair care and over-the-counter
drug-type products will invest an estimated $26,110,000, which includes
$22,480,000 from the Recovery Zone Facility Bond (approved by the Board of
County Commissioners on September 1, 2009; R2009-1443), $630,000 from owner’s
equity and $3,000,000 from the HUD Section 108 loan. The Company will
use the Section 108 funds for working capital. The interest rate on the Section
108 loan will be the three (3) month London Inter Bank Offered Rate (LIBOR) at
the time of closing (as of September 21, 2009, LIBOR was 0.289 %) plus one
percent (1%), for a term of 15 years. The
project includes the construction of a new manufacturing/global headquarter
facility on a site located at 1525 South Congress Avenue in Palm Springs, which
is owned by the Company’s real estate affiliate Oxygen Holdings, LLC.
The Company will create 400 new full-time equivalent jobs in Palm Beach County
within five (5) years of which 51% will be offered to persons with low to
moderate income. These are Federal funds
that require no local match. All
documents are subject to such modifications required for consistency with the
loan commitment, compliance with HUD’s criteria, and to protect the County’s
interest. District 2 (DW)
7. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County supporting the establishment of the YouthBuild USA Program at
the Riviera Beach Maritime Academy. SUMMARY: At the request of Commissioner Karen
Marcus, staff was directed to draft this Resolution. Countywide (DW)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve: Warrant
List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular May
19, 2009
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during May 2009. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to adopt: a Resolution authorizing execution of a Tri-Partite Agreement with the South Central Florida Express (SCFE) and the Florida Department of Transportation (FDOT) for the installation and maintenance of grade crossing traffic control devices at the SCFE crossing on Larrimore Road, Milepost 51.71. SUMMARY: Adoption of this Resolution will approve an agreement for installation and maintenance of grade crossing traffic control devices at the SCFE crossing on Larrimore Road, Milepost 51.71. The FDOT has set aside Federal Rail Title II Signal Safety Funding for safety improvements to this crossing. The SCFE will install or have installed these improvements and the FDOT will reimburse the SCFE for all construction costs. Palm Beach County holds the license agreement for this crossing and will continue to pay 50 percent of the annual signal maintenance fees which is currently $1,573 for this Type IV, Class III crossing. District 6 (MRE)
2. Staff
recommends motion to approve: the Fiscal Year 2009/2010 Pathway Program. SUMMARY: A list
of the proposed projects in the Annual Pathway Program for the Fiscal Year
2009/2010 has been compiled in response to requests from the Palm Beach County
School Board, Palm Beach County Sheriff’s Office, members of the Board of
County Commissioners, and residents of Palm Beach County. The proposed
projects include ten (10) new construction projects and 18 major maintenance
projects. The total program cost is $1,500,000 and is divided into the
following categories:
|
School Related |
$869,000 |
|
Non School
Related |
$60,500 |
|
Major Maintenance |
$500,000 |
|
ADA and Minor
Maintenance |
$20,000 |
|
Cost and
Feasibility Studies |
$22,500 |
|
Fast Track
Schools |
$28,000 |
|
Total |
$1,500,000 |
Countywide (MRE)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: a Contract Amendment to the Annual Guardrail
Contract (Contract) (R2007-1457), Project No. 2008051, dated September 11,
2007, with Southeast Attenuators, Inc. (Contractor). This Amendment will extend the expiration
date and lower the unit prices on certain bid items. SUMMARY: Approval
of the Second Amendment to the Annual Guardrail Contract will extend the
expiration date of the existing Contract extension retroactively, from
September 30, 2009, to September 11, 2010.
There is no increase to the dollar value of the Contract and several
items will show lower prices. The
Contract consists of furnishing and installing guardrail, guardrail products,
removing and disposing of “old” guardrail and/or resetting of existing
guardrail. For the original 2007 bid, Small
Business Enterprise (SBE) goals were established at 15% of the overall contract
amount. The sole bidder, Southeast
Attenuators, Inc., failed to achieve any SBE participation. This is the final contract extension allowed
and we will put the contract out to bid in 2010. Countywide (MRE)
4. Staff recommends motion to approve: an exception to criteria in Article 13 (Impact Fees) of the Unified Land Development Code for road impact fee credit by establishing a roadway impact fee credit for fifty percent of the estimated $19,630 cost ($9,815) of constructing a restricted median opening at the intersection of Morrison Avenue and Military Trail for Palm Center Car Wash. SUMMARY: Palm Center Car Wash is requesting a roadway impact fee credit of $19,630 for constructing a restricted median opening at the intersection of Morrison Avenue and Military Trail. The median modification will improve existing traffic conditions and future traffic conditions resulting from the increased traffic from the Palm Center Car Wash. Staff is instead recommending a fifty percent credit ($9,815) for the cost of the improvement because it will affect both existing and project related traffic. The improvements are not mandatory to meet the requirements of Traffic Performance Standards. The Board of County Commissioners must make the required exception to criteria in Article 13 (Impact Fees) of the Unified Land Development Code for any amount of road impact fee credit to be granted. District 3 (LB)
5. Staff recommends
motion to approve:
A) a Budget Transfer of $707,865 in the Road Impact Fees – Zone 1 Fund from
Reserves to the Central Boulevard and Indiantown Road Intersection for
developer contributions received in FY 2008; and
B) Supplemental Agreement No. 4
to Project Number 2006501 under Agreement R2006-1863 in the amount of
$227,090.17 with HSQ
Group, Inc. for professional services.
SUMMARY: Approval of the Budget Transfer and Supplemental Agreement will provide the services necessary for the preparation of design plans and construction bid documents for the intersection of Central Boulevard and Indiantown Road. District 1 (PK)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to:
A) adopt a Resolution to approve a Local
Agency Program Agreement (Agreement) with the State of Florida Department of
Transportation (FDOT) in the amount of $7,000,000 for milling and resurfacing
Military Trail from Clint Moore Road to Lake Worth Road (Project); and
B) approve a Budget Amendment of $7,000,000 in the Transportation
Improvement Fund to recognize the Agreement with the FDOT for the Project.
SUMMARY: Approval of this Agreement is necessary to secure an American Recovery and
Reinvestment Act grant of $7,000,000 in construction funding to Palm
Beach County for the Project. Districts
2, 3, 4 & 5 
(MRE)
7. Staff recommends
motion to:
A) adopt a Resolution to execute a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for FDOT
funding for Palm Beach County’s (County) installation of irrigation and
landscape on State Road 7 from Palmetto Park Road to Glades Road; and
B) approve a Budget Amendment of $200,000 in the
Transportation Improvement Fund to recognize reimbursement from FDOT and
appropriate it to State Road 7/Palmetto Park Road to Glades Road.
SUMMARY: FDOT agrees to provide the County up to
$200,000 as 100% reimbursement funding for the County’s installation of
irrigation and landscape in the medians of State Road 7 from Palmetto Park Road
to Glades Road. This maximum reimbursement funding amount is in excess of the
estimated cost to construct the project; therefore, the project can be built at
no cost to the County. The JPA requires
that all work be completed by the County and accepted by FDOT no later than
December 31, 2011. No matching funds are required. District 5 (MRE)
8. Staff recommends
motion to adopt: a Resolution vacating the plats of Okeechobee
Fruit Lands Company’s Subdivision of Section 3, Township 45 S, Range 36 E, Palm
Beach County, Florida, less the north 160 feet thereof for the right-of-way of
Bolles Canal (Levee L-21), recorded in Plat Book 1, Page 108, within the public
records of Palm Beach County, Florida, and vacating Okeechobee Fruit Lands Company’s
Subdivision of Section 10, Township 45 S, Range 36 E, Palm Beach County,
Florida, as recorded in Plat Book 1, Page 115, recorded in the public records
of Palm Beach County, Florida, which includes the proposed roadways. SUMMARY: This petition site is located
south of the Bolles Canal and west of U.S. Highway 27. The petitioner is
requesting the vacation to eliminate roads and the internal lot lines in order
to facilitate future development. District 6 (PK)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to adopt: a Resolution authorizing the Clerk & Comptroller to issue and release County warrants to pay the debts of the County prior to presentation of the warrant list to the Board; repealing Resolution R96-990; and providing an effective date. SUMMARY: Warrants for payments to vendors for goods and services provided to the County have been delayed awaiting prior Board approval of those warrants on a warrant list. The Clerk & Comptroller should be permitted to issue warrants for such payments that have been authorized and pre-audited. Board adoption of this Resolution will permit the Clerk to issue warrants to pay for goods and services provided to the County without prior Board approval after the Clerk determines that the expenditure is legal and within available budgeted funds. Any such early released warrants issued by the Clerk will be presented to the Board on the next Clerk’s warrant list. Countywide (PFK)
2. Staff recommends motion to receive and file:
the official transcript for the
closing of the $68,115,000 Palm Beach County, Florida, Water & Sewer
Revenue Bonds (FPL Reclaimed Water Project), Series 2009 (the “Bonds”), as
authorized by Resolution R-2009-0800 adopted on May 9, 2009. SUMMARY: The closing occurred July
22, 2009. The official transcript for
this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide (PFK)
3. Staff recommends
motion to receive and file: the official transcript for the closing of the
$16,140,760 Palm Beach County, Florida, Capital Improvement Bond Anticipation
Note (Four Points and other Public Building Projects), Series 2009 (the
“Bonds”), as authorized by Resolution R-2009-0977 adopted on June 18, 2009. SUMMARY: The closing occurred June
18, 2009. The official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide (PFK)
4. Staff recommends
motion to receive and file: the
official transcript for the closing of the $22,568,947.50 Palm Beach County,
Florida, Line of Credit (Wachovia Bank, N.A.), as authorized by Resolution R2009-0953
adopted on June 2, 2009. SUMMARY: The closing occurred June 4, 2009. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide (PFK)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
5. Staff recommends
motion to approve: an Engagement Letter for
Accounting Services (the “Engagement Letter”) to be performed for the
Housing Finance Authority of Palm Beach County, Florida (the “Authority”) by
Goldstein, Zugman, Weinstein & Poole, LLC (the “Accountant”), which
provides that the Accountant will perform certain accounting services,
including, but not limited to, compilation of financial statements, annual
statements of net assets and related statements of revenues, expenses and changes
in net assets, and cash flows relating to the Authority’s general fund, single
family mortgage revenue bond issues and multifamily mortgage revenue bond
issues, for the years ending September 30, 2010, 2011, and 2012. The Accountant was selected for the
performance of these services pursuant to a Request for Proposals for
Accounting Services issued by the Authority on May 11, 2009 (the “Accountant
RFP”). The Engagement Letter also establishes the fee arrangement between the
parties with respect to such services. The approval of the Engagement Letter is
required by Ordinance 2002-22 (the “Ordinance”). SUMMARY: The Authority issued the Accountant RFP, pursuant to
which the Accountant was ranked as the top proposer, and then negotiated the
Engagement Letter with the Accountant for the performance of accounting
services in connection with the Authority’s general fund, single family mortgage revenues bond issues and multifamily
mortgage revenue bond issues. Compensation to
the Accountant under the Engagement Letter will be in excess of $10,000. The Engagement Letter has been reviewed and
approved by the Authority and its general counsel. Pursuant to the Ordinance “all contracts of the
Authority for the purchase of goods and services in excess of $10,000 shall be
submitted to and approved, in each instance, by the Board of County
Commissioners. . . .” Countywide
(PFK)
6. Staff recommends
motion to approve: an Engagement
Letter for External Auditor Services (the “Engagement Letter”) to be performed
for the
Housing Finance Authority of Palm Beach County, Florida (the “Authority”) by
Caler, Donten, Levine, Porter & Veil, P.A. (the “Auditor”), which provides
that the Auditor will perform an audit of the Authority’s basic financial
statements for the years ending September 30, 2009, 2010 and 2011, and will
audit each of the Authority’s single family mortgage revenue bond issues and
multifamily mortgage revenue bond issues outstanding during the years ended
September 30, 2009, 2010 and 2011. The Auditor was selected for the performance
of these services pursuant to a Request for Proposals for External Auditing
Services issued by the Authority on May 11, 2009 (the “Auditor RFP”). The Engagement Letter also establishes the
fee arrangement between the parties with respect to such services. The approval
of the Engagement Letter is required by Ordinance 2002-22 (the “Ordinance”). SUMMARY: The Authority issued the Auditor RFP,
pursuant to which the Auditor was ranked as the top proposer, and then
negotiated the Engagement Letter with the Auditor for the performance of
general auditing services in connection with the Authority’s basic financial
statements and bond issues. Compensation
to the Auditor under the Engagement Letter will be in excess of $10,000. The Engagement Letter has been reviewed and
approved by the Authority and its general counsel. Pursuant to the Ordinance
“all contracts of the Authority for the purchase of goods and services in excess
of $10,000 shall be submitted to and approved, in each instance, by the Board
of County Commissioners. . . .” Countywide (PFK)
7. Staff recommends
motion to approve: a Settlement Agreement, inclusive of
attorney’s fees and costs, in the total amount of $55,000 in the case of Eddie
Jones v. Palm Beach County, et al., Case No. 50 2008 CA028730XXXXMBAO. SUMMARY:
The Plaintiff’s vehicle was rear-ended by a Palm Tran bus at a
stoplight in Belle Glade on June 5, 2006. The bus driver said that as the
light changed, his foot slipped off of the brake causing the rear-end
collision. Countywide (DRO)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
8. Staff recommends
motion to approve: a Third
Amended Agreement for legal services regarding underground injection control
rules and permits with de la Parte & Gilbert, P.A. The Third Amended Agreement
increases the cap on legal fees by $5,000, for a total not-to-exceed amount of
$205,000. SUMMARY: The Third Amended
Agreement allows the law firm of de la Parte & Gilbert, P.A., to complete legal services the firm has been
providing since 2006, regarding administrative and judicial proceedings
involving rule amendments promulgated by the United States Environmental
Protection Agency and the Florida Department of Environmental Protection and
associated permit proceedings relating to the State and Federal Underground
Injection Control Program, and amends the contract provisions to increase the
cap on legal fees by $5,000. De la Parte & Gilbert, P.A., has negotiated a
settlement agreement on the County’s behalf with the state and federal
agencies, and needs to monitor completion of settlement activities by those
agencies. The Amendment will allow de la Parte & Gilbert, P.A. to be
reimbursed for the completion of legal services. The Palm Beach County Water
Utilities Department has approved the increase and will be responsible for
payment of the fees. Countywide (ATP)
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) approve Contract
with Comprehensive AIDS, Inc. for Ryan White Part A HIV Emergency Relief Minority
AIDS Initiative funds for the period of August 1, 2009, through July 31, 2010,
totaling a not-to-exceed amount of $546,510; and
B) receive and file the Ryan White Part A HIV Emergency Relief grant
award document from Human Services Health Resources and Services
Administration for Minority Aids Initiative funds in the amount of $566,510 for
the period of August 1, 2009, through July 31, 2010.
Summary: A Notice of Grant Award from the Department of Health and Human
Services Health Resources and Services Administration was received on August
11, 2009, that conveys an award for the contract period August 1, 2009, through
July 31, 2010. Total funds awarded are $566,510. The grantee, Palm Beach
County, is responsible for selecting and contracting with services providers.
The HIV Care Council is charged with the sole responsibility of determining
service priorities and the allocation of funding the service priorities. The
grant award is for the provision of services related to HIV affected clients,
such as medical case management as well as $20,000 for grantee administrative
costs and quality management. The agency listed was selected through the
Request for Proposal process and has been recommended to receive funding. (Ryan
White) Countywide (TKF)
2. Staff recommends
motion to approve: Agreement
with Oakwood Center of the Palm Beaches, Inc. for the period of July 1, 2009, through
June 30, 2014, in an amount of $431,520 for permanent housing beds for disabled,
homeless individuals. Summary:
This Agreement with Oakwood Center of the Palm Beaches, Inc. is a collaborative
with the Division of Human Services funded under a Housing and Urban
Development (HUD) Shelter Plus Care (SPC) Program Grant. On July 22, 2009, the executed grant
agreement was received from HUD authorizing July 1, 2009, as the start date for
the SPC program. This five (5) year
grant provides rental assistance for permanent housing beds for seven (7)
homeless, disabled individuals. No local
match is required by the County, resulting in no fiscal impact to the County,
for this grant. (Human Services) Countywide
(TKF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement
No. IC008-9500 (R2008-1621; dated September 23, 2008) for the Community
Care for the Elderly (CCE) Program with the Area Agency on Aging (AAA) of Palm
Beach/Treasure Coast, Inc. for the period July 1, 2008, through June 30, 2009, increasing
the agreement amount by $21,460.42 for a new total not-to-exceed amount of $1,112,474.42. Summary: This Amendment will increase the agreement
amount by $21,460.42 for services provided by the County. 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)
4. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement
No. IH008-9500 (R2008-1620; dated September 23, 2008) for the Home Care
for the Elderly (HCE) Program with the Area Agency on Aging (AAA) of Palm
Beach/Treasure Coast, Inc. for the period July 1, 2008, through June 30, 2009, increasing
the agreement amount by $1,374.12 for a new total not-to-exceed amount of $105,757.12.
Summary:
This Amendment will increase HCE client services by $2,119.19 and decrease HCE
case management by $745.07 for provisions of care in private homes 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)
5. Staff recommends
motion to approve: Contract
for Consulting/Professional Services with Multilingual Psychotherapy Centers,
Inc., for the period of October 1, 2009, through September 30, 2010, in an
amount of $16,000, for mental health services for Early Head Start children. Summary: Multilingual
Psychotherapy Centers, Inc. will provide mental health services to Head Start
children and their families. Funding consists of $12,800 (80%) in
Federal funds and $3,200 (20%) in County funds. The County’s portion is
included in the FY 2010 budget. (Head Start) Countywide (TKF)
6. Staff recommends motion to approve:
A) Modification to Contract No. 09EA-7K-10-60-01-023 (R2008-2355) Low Income Home Energy Assistance Program (LIHEAP) with the State of Florida Department of Community Affairs increasing the contract by $388,892 for a new not-to-exceed amount of $4,892,795, for utility assistance to low-income families; and
B) Budget Amendment of $388,892 in the LIHEAP Fund to reconcile the grant with the budget, contingent upon the grant award.
Summary: Palm Beach County received notification that additional LIHEAP funds are available under the current LIHEAP agreement, Contract No. 09EA-7K-10-60-01-023. The Modification incorporates an additional $388,892 increase in the base allocation in the existing contract for a new grant total of $4,892,795. The $388,892 represents Palm Beach County Community Action’s share of the increased Federal allocation. These additional funds will enable Palm Beach County Community Action to serve additional low-income households for the period ending March 31, 2010. No County funds are required. (Community Action Program) Countywide (TKF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to approve: Amendment No. 1 to the Agreement with the School
Board of Palm Beach County (Delray Full Service Center) (R2008-1732), for the
period of October 1, 2008, through September 30, 2009, for an increase of
$37,753 for a new total not-to-exceed amount of $1,129,414, to recognize a Cost
of Living Adjustment (COLA) award form the Department of Health and Human
Services Administration for Children, Youth & Families. Summary: Head Start/Early Head Start submitted an application to the Department
of Health and Human Services and was awarded a COLA increase. Several amendments regarding the distribution
of COLA funds went to the Board of County Commissioners and were approved on
September 1, 2009. Delray Full Service Center’s portion was mentioned in the
September 1, 2009 Agenda Item. The School Board of Palm Beach County requires
their Board to approve and sign before further action can be taken; therefore
not allowing enough time to submit with the other amendments. These are
permanent increases to their base funding. No additional County funding is
being requested. (Head Start) Countywide (TKF)
8. Staff recommends
motion to approve: Contract
for Consulting/Professional Services with Marriage & Family Services, Inc.,
for the period October 1, 2009, through September 30, 2010, in an amount of $20,000,
for mental health services for Head Start children. Summary: Marriage & Family Services, Inc. will
provide mental health services to Head Start children. Funding consists
of $16,000 (80%) in Federal funds and $4,000 (20%) in County funds. The
County’s portion is included in the FY 2010 budget. (Head Start) Countywide
(TKF)
9. Staff recommends
motion to approve: Contract
for Consulting/Professional Services with
Caregivers Services, Inc., d/b/a Friends Assisting Seniors and Families,
for the period of October 1, 2009, through September 30, 2010, in an amount of
$52,000, for health services to Early Head Start children. Summary: Caregivers Services, Inc. will provide
ongoing well baby and well child health services in accordance with the Head
Start Act. This Contract will enable Caregivers Services, Inc. to provide
specialized licensed practical nurse services in the Early Head Start program
for children (birth-36 months) and pregnant women who are in need of services
to ensure healthy outcomes. Funding consists of $41,600 (80%) in Federal
funds and $10,400 (20%) in County funds.
(Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a
Resolution approving a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) in
the amount of $2,075,000 to rehabilitate Runway 15/33, Taxiway “C” and Apron at
Palm Beach County Park Airport. SUMMARY: The
FDOT has issued a JPA reflecting their commitment of funding to the above
referenced project in the amount of $2,075,000 or 50.00% of the eligible
project costs, whichever is less. Countywide (AH)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $650,000 to connect to
County Water and Wastewater at North Palm Beach County General Aviation
Airport. SUMMARY: The FDOT has issued a JPA reflecting their
commitment of funding to the above referenced project in the amount of $650,000
or 50.00% of the eligible project costs, whichever is less. Countywide (AH)
3. Staff recommends
motion to adopt: a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $1,300,000 for a Wetland
Wildlife Hazard Mitigation Project at North Palm Beach County General Aviation
Airport. SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $1,300,000 or 50.00% of the eligible project costs, whichever is
less. Countywide (AH)
4. Staff recommends
motion to approve:
A) the General Consulting Agreement with Ricondo
& Associates, Inc. for a term of two (2) years, with two (2) - one (1) year
renewal options in the amount of $1,723,324 for the performance of professional
planning and design services related to the approved Palm Beach County
Airports’ Capital Improvement Program as presented below:
o
Task I Specific Projects for 2009/2010 $ 1,232,624
o
Task II Annual Services $ 140,700
o
Task III Miscellaneous Services for 2009/2010 $ 350,000
B) a Budget Transfer of $1,723,324 in the Airports
Improvement and Development Fund from Reserves to provide budget to fund the
consulting contract.
SUMMARY: In order
to carry out the approved Capital Improvement Program for the County, the
Department of Airports requires professional planning and design engineering
services. In accordance with Florida
Statutes 287.055 and the Federal Aviation Administration's Advisory Circular 150/5100-14
(current edition), Ricondo & Associates, Inc. was competitively selected to
provide these services. The first agreement of a potential multi-year contract
in the amount of $1,723,324 will provide the Department of Airports with the
needed continuing professional services to implement the approved Capital
Improvement Program. The services
identified and negotiated are as follows: Task 1–Palm Beach International
Airport (PBIA) Passenger Facility Charge (PFC) Application, PBIA Airfield
Improvement Project Financial Analysis Update,
PBIA Construction Field Services–Taxiway L Extension, PBIA Construction
Field Services–Taxiway F Extension, PBIA Solar Siting and Feasibility Study,
Environmental Impact Statement (EIS) Planning Support, and North Palm Beach
County General Aviation Airport Concurrency Support Services; Task II – Annual
Airports Facilities Inspections & Reporting; and Task III– Miscellaneous
Architectural, Planning, Engineering and Construction Services, Miscellaneous
Financial Consulting and Capital Programming, Staff Extension and Miscellaneous
Environmental Consulting. Certain tasks
performed during the term of this contract will be eligible for State and
Federal grant participation. The proposed fee was verified in accordance
with FAA Advisory Circular 150/5100-14C by use of an Independent Fee Analysis
conducted by a neutral third party firm (The LPA Group, Inc.). A
Disadvantaged Business Enterprise (DBE) goal of 25% was set for this
contract. The DBE participation for this
contract is 27.3%. Countywide
(JCM)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff
recommends motion to approve: Automated Retail Vending Concession
Agreement with NewZoom, Inc., d/b/a ZoomSystems (ZoomSystems) for an initial
term of three years and minimum annual guarantee of $6,000 per retail vending
machine location. SUMMARY: On March 23, 2009,
the Department of Airports issued a Request for Submittals (RFS PB-09-05) for
the installation, operation and maintenance of automated retail vending
machines at the Palm Beach International Airport (PBIA). Staff is recommending the award of the
Automated Retail Vending Concession Agreement to ZoomSystems as the only respondent. The initial term commences on October 1, 2009
and expires on September 30, 2012 with two (2) – one (1) year options.
ZoomSystems will sell Best Buy consumer electronics and Rosetta Stone products
from three retail vending machines proposed to be installed at PBIA.
ZoomSystems will pay a concession fee of $18,000 for three (3) machines or 6.5%
of annual gross revenues on Best Buy consumer electronics and 10% of annual
gross revenues on Rosetta Stone products, whichever is greater. Countywide
(AH)
6. Staff recommends
motion to approve:
A) Change Order No. 6 to the Contract with CTR
Systems Parking, Inc. in the amount of $85,012 and a time extension of 91
calendar days for the Parking Access
and Revenue Control System (PARCS) Replacement Project at Palm Beach
International Airport (PBIA); and
B) a Budget Transfer of $85,012 in the
Airports Improvement and Development Fund to establish budget for Change Order
No. 6 with CTR Systems Parking, Inc. Included in this transfer is $85,012 from
Reserves.
SUMMARY: On February 5, 2008, the Board of County Commissioners (BCC) approved
the contract with CTR Systems Parking, Inc. in the amount of $2,370,495 and a
contract time of 180 calendar days (R2008-0172). Change Orders 1-5 were approved for a net
increase to the contract in the amount of $508,799 and extended the contract
time by 345 calendar days. Approval of
this Change Order will increase the total contract price by $85,012 and
a time extension of 91 calendar days. The Florida Department of Transportation has
provided grant funding not to exceed $400,000 in the implementation of the
SunPass portion of this contract which was approved by the BCC on September 25,
2007 (R2007-1631). The Small Business
Enterprise (SBE) Goal for this project was established at 15%. The SBE
participation for this Change Order is 24.63%.
The total SBE contract participation including all change orders is
21.60%. Countywide (JCM)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to approve:
A) a Contract with Hi-Lite Markings, Inc. in the amount of $298,354.80 for
the Runway Designation Remarking and Airfield Signage Project at Palm Beach
International Airport (PBIA); and
B) a Budget Amendment of $345,000
in the Airports Improvement and Development Fund to establish $345,000 in
funding for project expenditures, including contingency funding; to recognize
255,671 of Federal Aviation Administration (FAA) grant funding, and a transfer
of $89,329 from Airport Reserves.
SUMMARY: This
project was advertised utilizing the County’s competitive bid process. On
August 6, 2009, four (4) bids were received for the Runway Designation Remarking
and Airfield Signage Project at PBIA. Of
the four (4) bids, Hi-Lite Markings, Inc. has been identified as a
responsible/responsive bidder in the amount of $298,354.80. In addition to the construction contract,
project expenditures also include permitting fees and contingency funding. The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 15.00%. Hi-Lite Markings, Inc. DBE
participation is 0%. Matching funds of
$85,224 (25%) are required from Airport Revenues. Countywide (JCM)
8. Staff recommends
motion to receive and file: fourteen (14) original Agreements for the
Department of Airports:
A)
Hangar Lease Agreement with
MBS Aviation, LLC, Unit 12, Building 11350, at North County General Aviation
Airport for one (1) year, automatically renewed at one (1) year intervals,
commencing on September 5, 2009;
B)
Hangar Lease Agreement with
Samaritan Air, Inc., Unit 2, Building 201, at Palm Beach County Glades Airport
for one (1) year, automatically renewed at one (1) year intervals, commencing
on August 26, 2009 or date of issuance of Certificate of Occupancy for Building
201;
C)
Executive Hangar Lease
Agreement with Palm Beach Avionics, Inc., Unit 3, Building 11250, at North
County General Aviation Airport for one (1) year, automatically renewed at one
(1) year intervals, commencing September 1, 2009;
D)
Executive Hangar Lease
Agreement with Palm Beach Avionics, Inc., Unit 4, Building 11250, at North County
General Aviation Airport for one (1) year, automatically renewed at one (1)
year intervals, commencing September 1, 2009;
E)
Agreement Covering
Operation of Aircraft at Palm Beach International Airport with Allegiant Air,
LLC, for one (1) year, automatically extended on a year-to-year basis,
commencing October 1, 2008;
F) Agreement for Rental Car Lease and Concession at Palm
Beach International Airport with DTG Operations, Inc. d/b/a Dollar Rent A Car,
for two (2) years commencing October 1, 2009, terminating September 30, 2011;
G) Agreement for Rental Car Lease and Concession at Palm
Beach International Airport with DTG Operations, Inc. d/b/a Thrifty Car Rental,
for two (2) years commencing October 1, 2009, terminating September 30, 2011;
H) Palm Beach International Airport Non-Concessionaire
Rental Car and Parking Lot Operator Ground Transportation Permit with Palm
Beach Airport Parking, Inc. (d/b/a Park “N Save), commencing July 18, 2009,
terminating September 30, 2009, automatically renewed on yearly basis (October
1st through September 30th);
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. MOTION/TITLE CONTINUED
I) Palm Beach International Airport Non-Concessionaire
Rental Car and Parking Lot Operator Ground Transportation Permit with National
Car Rentals of Palm Beach, Inc. d/b/a Datura Auto Rentals, commencing October
1, 2009, terminating September 30, 2010, automatically renewed on yearly basis
(October 1st through September 30th);
J) Palm Beach International Airport Non-Concessionaire
Rental Car and Parking Lot Operator Ground Transportation Permit with E-Z Rent
A Car, Inc., commencing October 1, 2009, terminating September 30, 2010,
automatically renewed on yearly basis (October 1st through September
30th);
K) Palm Beach County Sheriff’s Office Trespassing
Enforcement Affidavit for North County General Aviation Airport (F45) for two
(2) years commencing August 10, 2009;
L) Palm Beach County Sheriff’s Office Trespassing
Enforcement Affidavit for Palm Beach County Glades Airport (PHK) for two (2)
years commencing August 10, 2009;
M) Palm Beach County Sheriff’s Office Trespassing
Enforcement Affidavit for Palm Beach County Park (Lantana) Airport for two (2)
years commencing August 10, 2009; and
N) Federal Aviation Administration Grant Agreement Number
3-12-0085-051-2009 for “Construct Taxiway D Improvements; Design Taxiway C4;
Expand Apron A; Improve Terminal Access Lighting; Runway Renumbering;
Rehabilitate Southside Taxilane” at Palm Beach International Airport.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R293-801,
R2006-2086, R2008-1845, R2009-0974, R2009-1073, R2009-1163 and R2009-1267. Countywide
(AH)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: an Interlocal Agreement with the Town of South Palm Beach (Town) allowing direct access to the County’s 800Mhz Radio System. SUMMARY: This Interlocal Agreement provides the terms and conditions under which the Town can directly access the County’s 800MHz Radio System. The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The Agreement requires that the Town pay a one-time $2,089/unit access or capacity charge as well as annual fees of $211.42/unit towards the renewal and replacement fund and $154/unit towards maintenance and operation of the system infrastructure. The Town is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The Town will be a member of the Law Enforcement User Committee which reviews and recommends policies and practices for the operation of the system. The term of the Agreement is four (4) years with two (2) – four (4) year renewals. The Agreement may be terminated by either party, with or without cause, on October 1st of any year, with a minimum of six (6) months notice. (FDO Admin) District 7 (JM)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends motion to approve: JOC Work Order No. 09-081 with M.A.C. Construction, Inc., (R2007-0949) in the amount of $309,214.10 to provide renovations to an IT Server Room on the fourth floor of the Judicial Center for the Clerk & Comptroller’s office. SUMMARY: The work consists of installation of a new HVAC system including all associated plumbing and electrical, the addition of a raised floor including ramps and railings, relocation of the existing UPS units, new electrical distribution panels, new cable trays, revisions to the ceiling grid and lighting, and other associated work. The Small Business Enterprise (SBE) goals are 15%. The SBE participation in this Work Order is 63.72%. When the participation for this Work Order is added to M.A.C.=s total participation-to-date, the resulting values are 20.92%. The total construction duration is 240 days. All funding for this project is from the Clerk & Comptroller’s budget. (FD&O Admin) Countywide/District 7 (JM)
3. Staff recommends motion to approve: Amendment No. 3 to Contract with DCOTA Contracting, Inc. (R2006-2218) to implement the third renewal of an annual residential contract. SUMMARY: Amendment No. 3 is a renewal to the Annual ContractBResidential which was awarded to DCOTA Contracting, Inc. as one (1) of seven (7) approved contractors. The annual residential contract is an indefinite-quantity contract and this renewal has a maximum value of $499,999.99. The renewal term is 12 months or until $499,999.99 in work orders are issued. Staff is bringing forward the Amendment at this time based on expiration of the term. All terms of the original contract remain in effect. This is the third of four (4) extensions allowed by the Contract. The Small Business Enterprise (SBE) participation goal for the residential contracts are 15%. DCOTA=s participation for work orders issued to date is 61.61%. DCOTA Contracting, Inc. is a certified SBE contractor. This is a bond-waiver contract. The cumulative value of active work orders at any time will be limited to $200,000 per contractor. (FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No. 3 to Contract with Andrea
Construction, Inc. (R2006-2214) to implement the third renewal of an annual
residential contract. SUMMARY: Amendment No. 3 is a renewal to the
Annual ContractBResidential which was awarded to Andrea Construction, Inc.
as one (1) of seven (7) approved contractors.
The annual residential contract is an indefinite-quantity contract and
this renewal has a maximum value of $499,999.99. The renewal term is 12 months or until
$499,999.99 in work orders are issued.
Staff is bringing forward the Amendment at this time based on expiration
of the term. All terms of the original
contract remain in effect. This is the
third of four (4) extensions allowed by the Contract. The Small Business
Enterprise (SBE) participation goal for the Residential contracts are 15%.
Andrea=s
participation for work orders issued to date is 100%. Andrea Construction, Inc. is a certified SBE
contractor. This is a bond-waiver
contract. The cumulative value of active work orders at any time will be
limited to $200,000 per contractor.
(FD&O Admin) Countywide
(JM)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Amendment No. 3 to
Contract with Joe Schmidt Construction, Inc. (R2006-2217) to implement the
third renewal of an annual residential contract. SUMMARY: Amendment No.
3 is a renewal to the Annual ContractBResidential which was awarded to Joe Schmidt Construction,
Inc. as one (1) of seven (7) approved contractors. The annual residential contract is an
indefinite-quantity contract and this renewal has a maximum value of
$499,999.99. The renewal term is 12
months or until $499,999.99 in work orders are issued. Staff is bringing forward the Amendment at
this time based on expiration of the term.
All terms of the original contract remain in effect. This is the third
of four (4) extensions allowed by the Contract. The Small Business Enterprise (SBE)
participation goal for the residential contracts are 15%. Joe Schmidt=s participation for work orders issued to date is 100%. Joe
Schmidt Construction, Inc. is a certified SBE contractor. This is a bond-waiver contract. The cumulative
value of active work orders at any time will be limited to $200,000 per
contractor. (FD&O Admin) Countywide (JM)
6. Staff recommends
motion to approve: Amendment No. 3 to Contract with All-Site
Construction, Inc. (R2006-2215) to implement the third renewal of an annual
residential contract. SUMMARY: Amendment No. 3 is a renewal to the Annual
ContractBResidential
which was awarded to All-Site Construction, Inc. as one (1) of seven (7)
approved contractors. The annual
residential contract is an indefinite-quantity contract and this renewal has a
maximum value of $499,999.99. The
renewal term is 12 months or until $499,999.99 in work orders are issued. Staff is bringing forward the Amendment at
this time based on expiration of the term.
All terms of the original Contract remain in effect. This is the third
of four (4) extensions allowed by the Contract. The Small Business Enterprise (SBE)
participation goal for the residential contracts are 15%. All-Site=s participation for work orders issued to date is
100%. All-Site Construction, Inc. is a
certified SBE contractor. This is a bond-waiver contract. The cumulative value
of active work orders at any time will be limited to $200,000 per contractor.
(FD&O Admin) Countywide (JM)
7. Staff recommends
motion to approve: JOC
Work Order No. 09-162 with M.A.C. Construction, Inc., (R2007-0949) in the
amount of $399,722.38 to provide for the renewal/replacement of three (3)
existing hydraulic elevators at the Governmental Center. SUMMARY: The work
consists of the renewal/replacement of the interior
and exterior cars; replacement of the hydraulic system, car rollers, car
operator panels, and controls of three (3) existing hydraulic elevators
– one (1) freight elevator at the loading dock in the Governmental Center; and
two (2) passenger elevators in the parking garage. This work is required to pass the annual State
mandated elevator inspection and certification. The Small
Business Enterprise (SBE) goal is 15%. The SBE participation in this Work Order
is 0%. When the participation for this Work Order is added to M.A.C.=s total
participation-to-date, the resulting values are 16.65%. The total construction
duration is 180 days. All funding for this project is in the Five Year Capital
Improvement Fund from ad valorem funds. (FD&O Admin) Countywide/District 7
(JM)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve:
A) First Restatement of Lease Agreement with South Florida
Fair and Palm Beach County Expositions, Inc., (Fair) (R93-810D); and
B) Restated Agreement with Palm Beach Community College (PBCC)
(R93-811D).
SUMMARY: In 1993, the County, on behalf of the Palm Beach County Sheriff’s Office (PBSO), entered into a 25 year lease with the Fair for construction and operation of a law enforcement driver training facility on approximately eight (8) acres of land at the Fairgrounds on Southern Boulevard. PBCC, together with the Criminal Justice Standards and Training Commission, entered into a separate Agreement with the County at that time to provide partial funding towards construction of the driver training facility at the Fairgrounds. The driver training facility was to be used by PBSO and other law enforcement agencies including PBCC. The County recently relocated PBSO’s driver training curriculum to a new law enforcement driver training facility on County-owned property. The Fair is willing to continue to lease the driver training facility at the Fairgrounds to the County for sole use by PBCC. The First Restatement of the Lease Agreement with the Fair provides for sole use of the driver training facility by PBCC through December 21, 2010. The Restated Agreement with PBCC provides for PBCC to assume all County obligations pursuant to the Fair Lease but for three specifically enumerated in the PBCC Restated Agreement: 1) County shall be responsible for scheduling the use of the driving range with the Fair after PBCC informs County of its preferred dates; 2) County shall be responsible for the transfer of ownership of the improvements; and 3) County shall pay the utility fee to the Fair, but shall invoice PBCC for reimbursement. PBCC shall assume all of County’s maintenance responsibilities with regard to the classroom and the skid pad. The term of the PBCC Restated Agreement is also December 21, 2010. (FDO Admin) District 6 (HJF)
9. Staff recommends
motion to approve:
Amendment Number One to Lease Agreement (R94-1093D) with Prince of Belle Glade
Gardens, LLC, for the County’s continued use of a 5,248 sf building and
surrounding land for the Glades Glen Head Start day care facility for
$43,907.18/yr. SUMMARY: Since 1994, the Community Services’ Head
Start Division has operated its Glades Glen day care facility, which consists
of a 5,248 sf building and a fenced playground area, within the Palm Glade
Apartments development in Belle Glade.
Since the Board’s approval of the initial Lease Agreement, ownership of
the Palm Glade Apartments has transferred several times to the current owner,
Prince of Belle Glade Gardens, LLC (Prince of Belle Glade). The current term of the Lease Agreement
expires on October 31, 2009. This First
Amendment: i) extends the term of the
Lease from November 1, 2009, to October 31, 2014; ii) provides for three (3) additional
extension options, each for a period of one (1) year; iii) increases the annual
rent by five percent (5%) to $43,907.18 ($8.37/sf), with annual three percent
(3%) increases; iv) updates the Lease to include standard provisions for
Criminal History Records Check, Non-Discrimination, and Disclosure of
Beneficial Interests; and v) updates the Insurance and Notice provisions. The
County will continue to pay for separately metered utilities and the security alarm
system monitoring fees estimated at $1,500/yr, and 25% of the costs to repair
and maintain the HVAC, security alarm,
fire sprinkler and plumbing system. The County has the right to
terminate the Lease Agreement at any time upon ninety (90) days written
notice. All other terms of the Lease
Agreement remain in full force and effect.
(PREM) District 6 (HJF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to adopt: a Resolution approving the Westgate/Belvedere Homes
Community Redevelopment Agency’s (CRA) Fiscal Year 2010 Budget in the amount of
$12,726,068. SUMMARY: The Budget is
composed of four (4) components. The first component, the Redevelopment Trust
Fund, in the amount of $2,286,250, consists of the CRA’s Annual Tax Increment
Financing (TIF) and balance brought forward from previous years. The second
component, the Construction Fund, in the amount of $9,899,022, consists of
transfers from the operating fund, and balances of grants awarded to the CRA by
County, State and Federal governments for construction activities. The third
component is the Sinking Fund, in the amount of $269,046, which consists of one
(1) annual payment from TIF revenues to repay the revenue bond reissued in 1999
to retrofit the physical infrastructure in the Westgate area. The last
component is the Reserve Fund, in the amount of $271,750, which consists of a
one (1) year security payment (principal and interest) held in escrow for the
March 1, 1999 Redevelopment Revenue Refunding Bonds for $3,380,000. District
2 (TKF)
2. Staff recommends
motion to receive and file: a Grant Agreement
(No. B-08-UN-12-0013) with the U.S. Department of Housing and Urban Development
(HUD) for the Neighborhood Stabilization Program (NSP) providing $27,700,340 for
the period of March 4, 2009, to March 3,
2013. SUMMARY: Palm Beach County was notified in October 2008 of eligibility to receive
$27,700,340 under the Neighborhood Stabilization Program. On November 18, 2008,
the Board of County Commissioners (BCC) approved proposed NSP activities to
address the problem of abandoned and foreclosed properties. The Department of
Housing and Community Development subsequently submitted a funding application
which was approved by HUD on January 8, 2009. BCC Resolution (R2008-2154)
granted the authority for the County Administrator to sign all documents related
to the application for and implementation of the NSP. On March 4, 2009, HUD
executed the NSP Agreement, and on March 9, 2009, the County Administrator
counter-executed the Agreement. Countywide (TKF)
3. Staff recommends
motion to receive and file: a Grant Agreement with the U. S. Department of
Housing and Urban Development (HUD) for the Community Development Block Grant -
Recovery (CDBG-R) Program (No. B-09-UY-12-0004), providing $1,846,758 for the
period of June 4, 2009, to September 30, 2012.
SUMMARY: Palm Beach County was notified in
March 2009 of eligibility to receive $1,846,758 under the CDBG-R Program. On June 2, 2009, the Board of County
Commissioners (BCC) approved the 11th Amendment to the FY 2008-2009
Action Plan constituting the County’s CDBG-R application to HUD. Also on June 2, 2009, the BCC approved
Resolution No. R2009-0901 granting the authority for the County Administrator
to sign all documents related to application for and implementation of the
CDBG-R Program. On July 21, 2009, HUD executed the CDBG-R Agreement, and on
July 27, 2009, the County Administrator counter-executed the Agreement which
provides $1,846,758 in grant funding for activities assisting in the economic
revitalization and growth of communities in Palm Beach County. Countywide
(TKF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to receive and file: the Grant Agreement for the Homeless Prevention and
Rapid Re-Housing Program (No. S09-UY-12-0016) with the U. S. Department of
Housing and Urban Development (HUD), for the period of July 14, 2009, to July
13, 2012, to provide a total of
$2,823,871 under the Homeless Prevention and Rapid Re-Housing Program
(HPRP). SUMMARY: Palm Beach County (PBC) was
allocated $2,823,871 under the HPRP which was authorized by Title XII American
Recovery and Reinvestment Act of 2009. The funds will be utilized to provide
homeless prevention assistance to households who would otherwise become
homeless and to rapid re-house persons who are homeless as defined by Section
103 of the McKinney-Vento Homeless Assistance Act. The Board of County
Commissioners (R2007-0799) granted the authority for the County Administrator
to sign all documents related to application for and implementation of the HPRP
program. On July 14, 2009, HUD executed the Agreement with the County and on
July 27, 2009, the County Administrator counter-executed the Agreement which
provided HPRP grant funding to provide homeless assistance to Palm Beach County
residents. Countywide (TKF)
5. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2008-1484) with the City of Riviera Beach to extend the expiration date from August 15, 2009, to February 15, 2010. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the implementation of a housing rehabilitation program as funded through the 2005 Disaster Recovery Initiative (DRI) Program. The Amendment also increases the amount of funding for housing rehabilitation allowed per homeowner from $22,000 to $45,000. These are Federal Community Development Block Grant funds that require no local match. District 7 (TKF)
6. Staff recommends motion to approve: Amendment No. 002 to an Agreement (R2007-1326) with In The Pines, Inc., to extend the expiration date from August 15, 2009, to September 30, 2009. SUMMARY: The Agreement provides In The Pines, Inc., $3,300,000, in 2005 Disaster Recovery Initiative Program funds for the construction of 20 rental townhouses at 12955 Hagen Ranch Road, in the City of Delray Beach. In The Pines, Inc., has requested a time extension to allow for the demolition of the dilapidated units remaining on the property, completion of the site work, and processing of project closeout documents. These are Federal Community Development Block Grant Funds that require no local match. District 5 (TKF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
7. Staff recommends
motion to adopt: a Resolution to
authorize the Department of Housing
and Community Development (HCD) to prepare and submit a funding proposal to the
State of Florida Department of Community Affairs (DCA) Community Development
Block Grant (CDBG) Disaster Recovery Initiative – 2008 Supplemental
Appropriation (DRI4); authorize the County Administrator or his
designee to execute a DRI4 Funding Proposal, Grant Agreement with DCA, and
other documents related to the DRI4 Program;
and authorize the County
Administrator or his designee to sign Interlocal Agreements, Subgrant
Agreements, and Amendments thereto, with organizations selected to receive DRI4
funding. SUMMARY: In September 2009, DCA announced that Palm
Beach County geographic area is eligible to receive up to $6,533,405 in
Community Development Block Grant Disaster Recovery Funding that was made
available to the State by the U.S. Department of Housing and Urban Development.
The County has been designated by the State as the local administering entity.
Eligible activities are limited to repairs and recovery from damages caused by
Tropical Storm Fay, including: housing assistance, infrastructure repair and
improvements, assistance for commercial areas, and program administration. On
September 18, 2009, HCD sent correspondence notifying all local municipalities
of the DRI4 Program and seeking input on unmet needs. On September 20, 2009, a public notice was
published advising the general public of the same. Subsequent to the BCC
approval of this item, HCD will publish a Notice of Funding Availability to
solicit project proposals from eligible local entities. The County must
consider the needs of all municipalities within its area, and must provide DCA
with documentation which evidences that all parties were allowed an opportunity
to discuss unmet needs. The County’s application for funding is due to DCA by
December 15, 2009. Given the short period for submission, execution of documents
by the County Administrator will expedite the process and enhance the chances
of meeting DCA’s deadline. These are
Federal CDBG funds which require no local match. Countywide (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to receive and file: one
(1) Agreement for Emergency Generator purchase, operation and maintenance with
Villaggio at Villages of Windsor Homeowners Association, Inc. SUMMARY: On March 14, 2006, the Board of County
Commissioners delegated the authority to execute Emergency Generator Purchase,
Operation and Maintenance Agreements (Agreements) to the County Administrator
or his designee. The County
Administrator has delegated this approval to the Palm Beach County Water Utilities Department (WUD) Director. These agreements provide property owners with
the ability to fund the purchase of emergency generators for lift stations
located within their community. WUD will
assign the community its generator(s), locate the generator(s) on-site during
hurricane season, and operate and maintain the generator(s) during
emergencies. By executing such
agreements, WUD is able to expedite its goal of providing a higher level of emergency
response service throughout its service area. Power outages that occur during hurricanes and
other emergencies require WUD to operate a system of emergency generators at
wastewater pump stations to prevent wastewater from backing up into streets,
swales, and residents’ homes. Due to the
great number of lift stations and limited staffing resources, the Department is
not able to place an emergency generator at every lift station. These agreements will increase the number of
generators available to the Department during emergencies. District 3 (MJ)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: three
(3) original documents for the Department of Environmental Resources
Management:
A) Task Assignment No. 9 from the Florida Department of Environmental
Protection for petroleum contamination site cleanup services for six (6) months
on 171 petroleum contaminated sites;
B) Florida Fish & Wildlife, Aquatic Vegetation Control Services
Task Assignment Number AP8; and
C) Construction Purchase Order for Limestone Creek Phase I Weir Repair
Project No. 2009ERM05.
SUMMARY: This
is a Receive and File item for the Clerk’s Office to note and receive delegated
authority items according to County Policy and Procedure PPM No. CW-O-051. Countywide (SF)
2. Staff recommends motion to approve: Task Change Order No. 0410-07A to a continuing Contract (R2008-0410) with Taylor Engineering, Inc. (Taylor) for an amount not to exceed $283,649 for completion of the United States Army Corps of Engineers (USACE) required Reevaluation Report, Section 934 (Report) for the Jupiter/Carlin Shore Protection Project (Project). SUMMARY: The Board of County Commissioners approved the Contract with Taylor on March 11, 2008 (R2008-0410). Eleven (11) task orders totaling $1,669,177.19 have been issued under the Contract. Task Change Order No. 0410-07A authorizes Taylor to incorporate the USACE’s required economic model, Beach-fx, within the Report. There is 5.1% SBE subconsultant participation on this Task Change Order. Taylor committed to an overall 15% Small Business and Minority Business (SBE-MBE) participation in the Contract. Taylor has achieved 15% cumulative SBE-MBE participation on the Contract including this Task Change Order. Funding for the Change Order is from a combination of Tourist Development Taxes and interest in the Beach Improvement Fund. The work is also eligible for reimbursement from the USACE and Florida Department of Environmental Protection (FDEP) as funding becomes available to them. District 1 (JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement
with the City of Belle Glade for the period October 6, 2009, through January
31, 2010, in an amount not-to-exceed $10,000 for the Belle Glade Summer Fest
Festival. Summary: This funding is to offset the cost of
the Belle Glade Summer Fest Festival held in the months of June, July, and
August of 2009. The festival attracted approximately 4,000 participants. The
Agreement allows for reimbursement of eligible project costs incurred
subsequent to June 1, 2009. Funding is
from the Recreation Assistance Program (RAP) District 6 Funds. District
6 (AH)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve: First
Amendment to Agreement (R2009-1190) with Adolph and Ruth Levis Jewish Community
Center, Inc. for Camp Kavod to increase funding from $20,000 to $40,000; to
extend the project completion date from September 30, 2009, to September 30,
2010 and the reimbursement submission date from December 30, 2009, to December
30, 2010; and to provide a revised Exhibit A. Summary: This
Amendment increases the amount of funding for Camp Kavod by $20,000 for a total
project amount not-to-exceed $40,000 and extends project completion and
reimbursement submission dates. The
Amendment also includes a revised Exhibit A to expand the project scope and
timeframes. All other terms of the Agreement remain the same. Funding is from
the Recreation Assistance Program (RAP) District 5 Funds. District 5 (AH)
3. Staff recommends
motion to execute and record: a Notice of Limitation of
Use/Site Dedication. Summary: On
April 10, 2007, the Board adopted a Resolution (R2007-0555) authorizing the
Director of Parks and Recreation, as Project Manager, to apply for a $500,000 Florida
Fish and Wildlife Conservation Commission (FFWCC) Florida Boating Improvement
Program (FBIP) grant for improvements associated with the development of Jim
Barry Light Harbor Park. The project is
complete and the grant contract requires a Notice of Limitation of Use/Site
Dedication be executed and recorded in public records, dedicating the site for
a period of 20 years for the use and benefit of the public. District 7 (AH)
4. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received during the months of
August and September:
A) Teresa Krellner, Basketball Official, West
Boynton Park & Recreation Center;
B) Teresa Krellner, Basketball Official, West
Boynton Park & Recreation Center;
C) Palm Beach County Officials Association,
Inc., Flag Football Referee, Westgate Park & Recreation Center;
D) George Tillman, Flag Football
Referee, Westgate Park & Recreation Center;
E) Michael Alford, Flag Football
Referee, Westgate Park & Recreation Center;
F) Caroline Andre, Cheerleading
Coach, Westgate Park & Recreation Center;
G) Modern Bujutsu Karate Florida,
Inc., Martial Arts, West Boynton Park & Recreation Center; and
H) Shelly Janssen, Dance Instructor, West Boynton Park & Recreation
Center; and
I) Caroline Andre, Cheerleading
Coach, Westgate Park & Recreation Center.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts
2 & 3 (AH)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to approve: First
Amendment to Agreement (R2009‑1298) with the City of Pahokee for City
Recreation Complex Improvements to increase funding from $30,100 to $36,100; to
extend the project completion date from September 30, 2009, to December 30,
2009; and to provide a revised Exhibit A and cost estimate. Summary:
This Amendment increases the amount
of funding for City Recreation Complex Improvements by $6,000 for a total
project amount not-to-exceed $36,100 and extends the project completion date
from September 30, 2009, to December 30, 2009.
The Amendment also allows for the expansion of project elements to
include air conditioning of the Recreation Center’s gymnasium, includes a
revised Exhibit A, and provides for an increase in the project cost
estimate. All other terms of the
Agreement remain the same. Funding is
from the Recreation Assistance Program (RAP) District 6 Funds. District 6 (AH)
6. Staff recommends
motion to receive and file: three (3) fully-executed original
Agreements for Recreation Assistance Program (RAP) funding as follows:
A) Agreement with Palm Beach Community College for the period September 3,
2009, through December 30, 2009, in an amount not-to-exceed $5,000 for the 2009
Project Upward Bound trip;
B) Agreement with The Sean Green Performing
and Fine Arts Academy, Inc. for the period August 26, 2009, through March 31,
2010, in an amount not-to-exceed $8,000 for dance programs; and
C) Agreement with Knights of Pythagoras Networking, Inc. for the period
September 3, 2009, through October 31, 2009, in an amount not-to-exceed $2,500
for after school programs and events.
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)
7. Staff recommends
motion to approve: Budget Transfer of $30,000 within the Park
Improvement Fund
from the Florida Boating Improvement Program reserve to Phil Foster Boat Ramp
Improvements. SUMMARY: This
Budget Transfer will provide the funding necessary to provide
maintenance/improvements to two (2) boat ramp approaches at Phil Foster
Park. Funding is from the Park
Improvement Fund Florida Boating Improvement Program reserve. District 1 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to:
A) receive and file the Department of Justice Office of Justice
Programs Bureau of Justice Assistance FY 2009 Justice Assistance Grant for
$303,005 for the South County Community Justice Service Center for the period
of October 1, 2008, to September 30, 2012; and
B) approve a Budget
Amendment of $208,865 in the LLEBG 08-12 JAG Grant Fund to establish funds for
this grant project.
SUMMARY: Palm Beach County has received a direct award of $303,005 for the
following proposal: the Criminal Justice Commission (CJC) Youth Violence
Prevention Project 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)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2. Staff recommends
motion to:
A) receive and file the Department of Justice Office of Justice
Programs Bureau of Justice Assistance FY 2009 Recovery Act Justice Assistance
Grant for $1,246,822 for various criminal justice projects for the period of
March 1, 2009, to February 28, 2013;
B) approve a Budget
Amendment of $1,246,822 in the LLEBG 09-13 ARRA JAG Grant Fund to establish
funds for this grant project; and
C) approve a Budget Amendment of $209,694 in the General Fund to
establish grant awards for the Pretrial and Drug Court Programs under the
Division of Justice Services.
SUMMARY: Palm Beach County has received a direct award of $ $1,246,822 for the
following nine (9) proposals: 1) the State Attorney’s Office for the
Community-Based Anti-Crime Unit (COMBAT), 2) the Public Defender’s Office for
the Ex-Offender Re-Entry Program, 3) the Fifteenth Judicial Circuit, Court
Administration for a Court Analyst, 4) the Fifteenth Judicial Circuit, Court
Administration for a County Court Criminal Case Manager, 5) the Fifteenth
Judicial Circuit, Court Administration for a Juvenile Court Case Advisor, 6)
Palm Beach County Public Safety Department for Adult Pre-Trial Drug Court,
7) the Public Defender’s Office for a
Countywide Re-Entry Coordinator, 8) the Palm Beach County Justice Services
Division for a Court Program Specialist position and Pre-Trial Services Program
expansion and 9) the Palm Beach County Sheriff’s Office for the Strategically
Targeting Online Predators (STOP) Program. The one (1) grant-funded County
position in the proposals above will be eliminated at the expiration of the
grant period. There is no requirement
for match with the JAG funds. Countywide (DW)
T. HEALTH
DEPARTMENT
A) adopt a Resolution of the Board of
County Commissioners of Palm Beach County, authorizing the use of $31,129 from
the Pollution Recovery Trust Fund (PRTF) to purchase a low level mercury vapor
analyzer;
B) approve
a Budget Transfer of $31,129 from reserves in the Pollution Recovery Trust Fund
to provide funding for the purchase of the mercury vapor analyzer; and
C) approve
a Budget Amendment of $31,129 in the Fire Rescue MSTU Fund to recognize the
transfer.
Summary: This Resolution will authorize the transfer
of $31,129 from the PRTF to the Fire Rescue Department to be used to purchase a
low level mercury vapor analyzer that will be used by the County’s hazardous
materials response teams in responding to mercury spills. The Palm Beach County
Health Department supports the use of PRTF for this purpose as it will enable
emergency response teams to accurately assess the extent of contamination as a
result of mercury spills and make recommendations as to whether an area is safe
for occupancy. Countywide (SF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
T. HEALTH
DEPARTMENT (Cont’d)
2. Staff recommends
motion to approve:
A) a Contract with the Department of Health (DOH) in the amount of $2,097,459 for Environmental Health and Engineering programs provided by the Palm Beach County Health Department (CHD) for the period October 1, 2009, through September 30, 2010; and
B) an Addendum to the Contract to clarify:
1) Paragraph 6.a. – as State employees/personnel, CHD employees are not “officers, agents, or employees of the County”;
2) Paragraph 7.c. – The County shall assure that insurance coverage for vehicles is available through either a self-insurance program or insurance purchased by the County except for insurance referenced in paragraph 7.e.;
3) Paragraph 7.d. – The County shall be named as additional insured on any agreement in which the CHD contracts or subcontracts any work to be performed on the premises to a third party; and
4) Paragraph 7.e. – As a State agency, the CHD agrees to be responsible for its own, its officers’, employees’, or agents’ negligent acts, or omissions, or tortuous acts, which result in claims or suits against the parties, and agrees to be liable for any damages proximately caused by said acts or omissions.
Summary: This Contract sets forth the funding responsibilities of the DOH and the
County for the operation of the Palm Beach County Health Department. The State and County share in the funding of
the $8,757,416 environmental health budget.
The State’s share is $4,377,206 (50.0%), primarily from State general
revenue and fees. Funding from the
County’s FY 2010 budget is $2,097,459 (24.0%) that includes Childcare
Enforcement & Control Funding of $125,890.
The remaining local share (26.0%) is comprised of County Authorized Fees
of $936,625 (10.7%), Federal Funds of $297,126 (3.4%), Department of
Environmental Protection (DEP) Funds of $109,000 (1.2%), and the Air Pollution
Tag Fees of $940,000 (10.7%). County
funding is used primarily for salaries and benefits. The environmental staffing is responsible for
surveillance of public drinking water systems, permitting and inspection of
septic tanks, regulation of air pollution sources, inspection and licensing of
child care and other group care facilities, and other duties related to
environmental health. The Childcare
Enforcement & Control Funding provides for a full-time Attorney/Hearing
Officer and a half-time paralegal position to provide counsel for the Child
Care Advisory Council and to serve as Environmental Control Officer for the
Environmental Control Hearing Board.
County funds are included in the FY 2010 budget. No additional funds are needed. County staff requested certain changes to the
State’s standard contract in order to clarify the insurance and liability
provisions. The State preferred
including these in an Addendum instead of revising the standard contract. Countywide
(GB)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: an executed Amendment with the Florida Council Against Sexual Violence
(FCASV) increasing the grant contract by $68,892 to $189,804 for the period of July 1, 2009, through June 30, 2010 to
provide sexual battery recovery services. SUMMARY: This is the Third Amendment of the grant
contract with FCASV. This Amendment effectively provides an additional $68,892
for the period of July 1, 2009, through June 30, 2010. The FCASV grant funds a
Rape Crisis Counselor position which provides sexual battery recovery services
to victims. Funding is included in the FY 2010 budget. 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)
2. Staff recommends
motion to:
A) receive and file an executed Agreement with the State of
Florida, Division of Emergency Management to receive grant funding of $10,000
from September 1, 2008, through May 31, 2010 to enhance the County’s Community
Emergency Response Team (CERT) program; and
B) approve a Budget Amendment of $10,000 in the
Emergency Management Grant Fund to establish the grant budget.
SUMMARY: The Florida
Division of Emergency Management awarded Palm Beach County Division of
Emergency Management a grant of $10,000 under the FY 2008 State Homeland
Security Grant Program’s CERT initiative. The grant period began on September
2008, but due to the vacancy of the Director position at the State Division of
Emergency Management, the executed contract was received only recently. The grant will be used to purchase supplies
and equipment and provide training for the County’s CERT program. Resolution
2006-0401 authorizes the County Administrator or his designee, to execute these
agreements on behalf of the Board. No County match is required. Countywide (GB)
3. Staff recommends motion to receive and file: an executed Interlocal Agreement with the City of Greenacres to provide grant funding of $75,259 from August 3, 2009, through May 31, 2011 for the purchase and installation of a security camera system, security access system, and a 200kw generator as approved by the Fort Lauderdale Urban Area Security Initiative (UASI). SUMMARY The County was awarded $451,337 a U.S. Department of Homeland Security 2008 Grant through the Fort Lauderdale UASI. Three (3) projects totaling $75,279 were awarded to the City of Greenacres. This Interlocal Agreement provides the mechanism to provide the grant to the City of Greenacres. Resolution R2006-2669 approved by the Board of County Commissioners on December 5, 2006 authorized the County Administrator or his designee to execute standard UASI sub-grant agreements with various governmental and private agencies on behalf of the Board of County Commissioners. No County match is required. Countywide (GB)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY (Cont’d)
4. Staff recommends
motion to:
A) receive and file an executed Agreement with the State of
Florida, Division of Emergency Management to receive grant funding of $73,000
from August 10, 2009, through May 31, 2010 to enhance emergency planning and
coordination; and
B) approve a Budget Amendment of $73,000 in the
Emergency Management Grant Fund to establish the grant budget.
SUMMARY: The Florida Division of Emergency
Management awarded the Palm Beach County Division of Emergency Management a
federally funded grant of $73,000 under the FY 2008 State Homeland Security
Grant Program to help sustain local emergency planning, training, and related
exercise resources. Grant funds will be used to update the County
Emergency Management Plan and Resource Management Plan, and provide position
specific Incident Command System training. Resolution R2006-0401 authorizes the
County Administrator or his designee, to execute these agreements on behalf of
the Board. No County match is
required. Countywide GB)
5. Staff recommends
motion to:
A) approve the Agreement with the City of Miramar to
receive $539,600 from Fort Lauderdale Urban Area Security Initiative (UASI)
grant funding through May 31, 2011 to implement WEBEOC, the web-based regional
emergency collaboration system that will be used by municipalities throughout
Southeast Florida; and
B) approve a Budget Amendment of $539,600 in the
Emergency Management Grant Fund to establish grant budget.
SUMMARY: The County was awarded $539,600 from the US Department of Homeland Security 2008 Grant through the City of Miramar. The grant funds will be used to implement WEBEOC, a web-based emergency collaboration system. WEBEOC was adopted as the standard emergency collaboration system and will be used by the municipalities in Southeast Florida region. The County’s Emergency Management Division will spearhead this effort on behalf of the Fort Lauderdale UASI. No County match is required. Countywide (GB)
Z. RISK
MANAGEMENT
1. Staff recommends
motion to approve: the purchase of airport liability insurance, for the
period October 10, 2009, through October 10, 2010 purchased through the County=s contracted broker, Arthur J. Gallagher
& Co. for a total cost of $180,397. Summary:
The estimated total cost of $180,397 for airport liability insurance represents
an 8.35% decrease over the expiring premium of $196,837. Countywide
(TKF)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve: Amendment No.
1 to an Agreement with the Florida Department of Highway Safety and Motor
Vehicles (R2007-2050) modifying the testing and training requirements when Palm
Tran acts as a Third Party Administrator in conducting driver license
examinations on behalf of the Department.
Summary: Florida Department of Highway Safety and
Motor Vehicles authorizes Third Party Administrators to act on their behalf for
Florida motor vehicle license testing. Palm Tran has been acting as a Third
Party Administrator for the Department since 2003. This amendment prohibits conducting testing
on the same day as training is being provided on that portion of the test. Countywide (DR)
2. Staff recommends
motion to approve: Two (2) Year
Agreement with the School District of Palm Beach County (School Board) to
provide annual and semester bus passes available to certain students as a means
of transportation services for the 2009 - 2010 school year at the annual pass
rate of $360 or $180 per pass for the second semester. For the 2010-2011 school
year, the annual pass rate will be $370 or $185 for the second semester. Summary:
The School Board has contracted for annual bus passes as a means of
transportation for students since August 1998.
Palm Tran historically has provided approximately 650 passes
annually. The Agreement rates include
annual increases of 3%. Payments for annual school passes are in lieu of School
Board’s students paying individual fares into the fare boxes on Palm Tran
routes. The Amendment will establish
pricing for school bus passes through the end of school year 2011. Countywide
(DR)
BB. SHERIFF
1. Staff recommends
motion to receive and file: Memorandum of Agreement amending the FY 2006 Urban Area Security
Initiative Grant Program to extend the ending grant period from June 30, 2009, through December 31, 2009. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for
$1,684,487 on December 19, 2006; the original period for this grant was October
1, 2006, through January 31, 2008
(3BB-2). On September 9, 2008, the BCC
received and filed an agenda item extending the grant period from January 31,
2008, through June 30, 2009 (R2008-1556). This agenda item will extend the grant period from June 30, 2009, through
December 31, 2009. 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. The total funds provided to Palm Beach County
agencies by the UASI ($2,383,087) represents 24% of the total Ft. Lauderdale
UASI grant ($9,980,000), and will be used to support and strengthen the
County’s ability to plan for, and respond to, acts of terrorism. The UASI awarded $698,600 to the County,
which will be used to fund fire, health, emergency management, and other
approved anti-terrorism activities. The
Sheriff’s Office received an equivalent award of $698,600 to fund direct law
enforcement activities, and an award of $985,887 to fund the Regional Security projects. Future funding will be determined based on a
competitive need process. There is no
match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DW)
OCTOBER 6, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to:
A) ratify on behalf of the Palm Beach County Sheriff’s Office the Chairperson’s
signature on the Drug Farm Phase II Enhancement Grant award in the amount of
$50,000 for the period of July 1, 2009, through June 30, 2010; and
B) approve
a Budget Amendment of $50,000 increasing the Sheriff’s Grant Fund.
SUMMARY: The purpose of
the program is to assist units of local government to develop and implement
residential substance abuse treatment programs in local correctional facilities
in which prisoners are incarcerated from a period of time sufficient to permit
substance abuse treatment. The Phase II
segment of the Sheriff’s Drug Farm will benefit from this continued funding by
enhancing the treatment parameters to include: Domestic Violence Reduction,
Anger and Stress Management, Effective Parenting, and Job Skills Enhancement. The PBSO will exceed the 25% match
requirement by providing $73,720 through its approved operating budget. No additional positions
are needed and no County funds are required. Countywide (DW)
3. Staff recommends
motion to receive and file: on behalf of the Palm Beach County Sheriff’s Office, a Grant Modification amending the State
of Florida, Division of Emergency Management Grant, for the
Regional Virtual Fusion Center, to extend the ending grant period from March 31, 2009, to December 31, 2009. SUMMARY: The Board of County
Commissioners (BCC) accepted this grant for $32,445 on May 1, 2007; the
original period for this grant was July 1, 2006, through January 31, 2008 (R2007-0715).
On March 11, 2008, the BCC received and filed an agenda item extending the
grant period from January 31, 2008, through September 30, 2008
(R2008-0455). On December 16, 2008, the BCC received and filed an agenda item extending
the grant period from September 30, 2008, through March 31, 2009 (R2008-2344). This
agenda item will extend the grant period from March 31, 2009, through
December 31, 2009. The State of Florida, Division of
Emergency Management awarded these funds to the Palm Beach County Sheriff’s
Office (PBSO) for the Regional Virtual Fusion Center under the State Homeland Security Grant Program. This project is an extension of the PBSO’s
integration of its local applications supporting countywide, regional and
statewide data sharing. PBSO will
streamline its operational and intelligence focused systems in web-based
architectures to be shared and extended as appropriate to users within the
Sheriff’s office, to municipal agencies, and within the Florida Department of
Law Enforcement Region. These funds have been approved by the State of
Florida, Division of Emergency Management. The Palm Beach County Sheriff’s Office has been given an extension to
allow the grant funds to be fully expended. There is no match requirement associated with this award. No
additional positions are created, and no additional County funds are
required. Countywide (DW)
* * * * * * * * * * * *
OCTOBER 6, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Certificates
of Appreciation to Mary D. Hinton and Sara Ashworth Lankler in recognition of
their generous contributions to helping wounded servicemen and their
families. (Sponsored by Commissioner
Marcus)
B. Certificate
of Appreciation to Dr. Ronald Giddens for 18 years of distinguished service to
the Palm Beach County Library Board. (Sponsored by Commissioner Vana)
C. Proclamation
declaring October 16, 2009 as “National Childhood Nutrition Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
D. Proclamation
declaring October 23, 2009 as “Florida Supreme Court Justice Jorge LaBarga Day”
in Palm Beach County. (Sponsored by Commissioner Koons)
E. Proclamation
declaring October 9 - 11 and 16 - 18, 2009 as “Oktoberfest” in Palm Beach
County. (Sponsored by Commissioner Vana)
F. Proclamation
declaring October 2009 as “Disability Mentoring Month” in Palm Beach
County. (Sponsored by Commissioner
Abrams)
G. Proclamation
declaring October 15, 2009 as “National Latino AIDS Awareness Day” in Palm
Beach County. (Sponsored by Commissioner Taylor)
H. Proclamation
declaring October 22, 2009 as “Lights On After-School Day” in Palm Beach
County. (Sponsored by Commissioner
Koons)
I. Proclamation
declaring October 10, 2009 as “Put the Brakes on Fatalities Day” in Palm Beach
County. (Sponsored by Commissioner
Aaronson)
J. Proclamation
declaring October 23, 2009 as “Southeast Florida Regional Climate Leadership
Summit Day” in Palm Beach County.
(Sponsored by Commissioner Aaronson)
K. Proclamation
declaring October 17, 2009 as “National Wildlife Refuge Day at Arthur R.
Marshall Loxahatchee National Wildlife Refuge” in Palm Beach County. (Sponsored by Commissioner Taylor)
* * * * * * * * * * * *
OCTOBER 6, 2009
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Update on the H1N1 Virus by Health Department
B. PARKS
AND RECREATION
1. Staff recommends
motion to approve:
A) an amendment to the previously approved
annual permit fee policy for saltwater boat ramp trailer parking to include an
advanced purchase daily fee option of $10 per day; and
B) a
revised effective date of January 1, 2010.
Summary: On
July 7, 2009, the Board approved an annual boat trailer parking fee of $35 for
five (5) County park saltwater boat ramp locations. An advanced purchase daily fee of $10 is
proposed to permit access to those boaters who may infrequently use a County
boat ramp and don’t desire to purchase an annual parking permit. The same permitting process used for the
annual permit can easily accommodate daily permits at no additional cost to the
County. These changes will resolve a
concern of the Florida Inland Navigation District (FIND) related to equal,
non-discriminatory access to FIND funded facilities. Countywide (AH)
C. WATER
UTILITIES
1. Staff recommends
motion to approve: Purchase Orders with vendors for the Florida
Power and Light (FPL) Reclaimed Water Project (Project) in the amount of $8,064,668.18. SUMMARY: The project provides for reclaimed water
to become the primary source of cooling water supply to FPL’s West County
Energy Center (Center) beginning in FY 2011. The project components include the
construction of a 27 million gallon per day reclaimed water treatment facility
at the East Central Regional Wastewater Reclamation Facility (ECRWRF) and a
pipeline to deliver the reclaimed water from the ECRWRF to the Center. FPL
competitively bid the Project components. FPL entered into a construction
contract with Wharton-Smith, Inc., for the construction of the reclaimed water
treatment facility at the ECRWRF and with Garney Companies, Inc. and Felix
Associates, LLC, for construction of the reclaimed water pipelines from the
ECRWRF to the Center. The Contractors
selected the vendors for the materials and equipment during the bidding process.
The Reclaimed Water Agreement (R2008-0906) with FPL requires the County to procure materials for the construction of the
Project. Florida Statute Section
212.08(6) and Florida Administrative Code Rule 12A-1.094 provides for an
exemption of sales tax if the purchaser is a governmental entity. By purchasing
materials and equipment directly from the vendors listed in the Purchase
Orders, total sales tax savings of $484,105.09 can
be achieved. FPL will reimburse the
County the total cost of the Purchase Orders. The County Attorney’s Office has
submitted a Technical Assistance Advisement request to the Florida Department
of Revenue to confirm eligibility for sales tax exemption. If the State of Florida determines the
project is not eligible for sales tax exemption, then FPL will pay the cost of
the sales tax. (WUD Project No. 08-031) Districts 2 & 6 (JM)
OCTOBER 6, 2009
5. REGULAR
AGENDA
C. WATER
UTILITIES (Cont’d)
2. Staff recommends
motion to:
A) approve a Utility Easement Agreement with Lion’s Holding Company LLC., providing
compensation in the amount of $5,000;
B) approve a Utility Easement and Temporary Construction Easement from Palm Beach Aggregates
Holdings, Inc. (PBA);
C) approve a Memorandum of Understanding with the South Florida Water Management
District (SFWMD) and Florida Power and Light (FPL);
D) approve a Right-of-Way Consent Agreement with FPL;
E) approve
a Utility Easement and Temporary Construction Easement with FPL; and
F) adopt Resolutions declaring the acquisition of property
designated as Parcel 100W, 100E, and 101 as permanent utility easements;
Parcels 200E, 200W, and 200S as permanent access easements; and Parcels 300W,
300E, and 301 as temporary construction easements, necessary for the
construction, installation, and maintenance of a reclaimed water pipeline and
related appurtenances, to be a public necessity, and authorizing the employment
of appraisers and other experts, and authorizing the filing of eminent domain
proceedings.
SUMMARY: On May 20, 2008, the Board of County Commissioners (BCC) approved a Reclaimed
Water Agreement (R2008-0906) with FPL to supply reclaimed water for the West
County Energy Center (Center). Construction of the pipeline to deliver reuse
water from the East Central Regional Wastewater Reclamation Facility (ECRWRF)
to the Center to requires the acquisition of several utility easements and
licenses. Lions Holding Company, LLC is
granting a utility easement and a temporary construction easement in return for
compensation in the amount of $5,000.
PBA Holdings, Inc. is granting a utility easement and temporary
construction easement at no cost. The
Memorandum of Understanding with the SFWMD and the FPL includes the granting of
a utility easement and temporary construction easement from SFWMD at no
cost. FPL is granting the Right-of-Way Consent Agreement, the Utility
Easement and the Temporary Construction Easement at no cost. While the Palm
Beach County Water Utilities Department may accept standard easements in
accordance with its Uniform Policies and Procedures Manual, these
easements/licenses contain modifications to the Standard Easement Form and/or
require separate agreements between the parties, and are therefore being
brought to the Board for approval.
Approval of the eminent domain resolutions will authorize the filing of
eminent domain proceedings for Parcels 100W, 100E, 101, 200E, 200W, 200S, 300W,
300E, and 301. The permanent utility
easements and access easements (Parcels 100W, 100E, 101, 200E, 200S, 200W) are
perpetual, while the temporary construction easements (Parcels 300W, 300E, and
301) will expire two (2) years from the date of execution, or upon the final
completion of construction, whichever occurs first. (WUD Project No. 08-031) District 6 (MJ)
* * * * * * * * * * * *
OCTOBER 6, 2009
6. BOARD
APPOINTMENTS
A. PLANNING, ZONING & BUILDING
(Construction
Board of Adjustment & Appeals)
1. Staff recommends
motion to approve: the
appointment of the following individual to the Construction Board of Adjustment
and Appeals (CBAA) for a one (1) year term:
Nominee Seat Requirement Term
Nominated By
Peter A. Dzenutis 9 (Alternate) Roofing
Contractor 09/13/09 - 09/12/10 CIMC
SUMMARY: Palm Beach
County Ordinance 89-31 created the Construction Board of Adjustment and
Appeals. The term of office for an alternate is one (1) year. The nomination represents the alternate
contractor member of the Board, nominated by the Construction Industry
Management Council (CIMC) as required by the Palm Beach County Ordinance
2002-005, as amended, Palm Beach County Amendments to the Florida Building
Code, 2007 Edition. The Board is comprised of seven (7) members consisting of
one (1) registered architect; one (1) registered engineer; one (1) general
contractor; one (1) electrical contractor; one (1) HVAC contractor; one (1)
plumbing contractor and any other contractor licensed category. In addition to
the seven (7) members, there should be two (2) alternate members, one (1)
member with the qualifications referenced above and one (1) member at large
from the public. (Building Division) Countywide
(DW)
(Building Code Advisory Board)
2. Staff recommends
motion to approve: reappointment
of the following individuals to the Building Code Advisory Board (BCAB), for
the terms indicated below:
Nominee Seat Requirement Term Nominated By
Rebecca D. 5 Building Official 01/02/10 – 01/01/13 BOAPBC
Caldwell
Robert Lecky 1 Building Official 01/02/10 – 01/01/13 BOAPBC
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The Board is composed of sixteen members; seven (7) regional Building
Officials who must be appointed from nominees submitted by the Building Officials
Association of Palm Beach County; seven (7) members who must be appointed from
nominees submitted by the Construction Industry Management Council of Palm
Beach County; one (1) member who must be a registered Architect appointed from
nominees submitted by the Palm Beach County Chapter of the American Institute
of Architects; and one (1) member who must be a Professional Engineer appointed
from nominees submitted by the Palm Beach County Chapter of the Florida
Engineering Society. (Building Division) Countywide (GB)
OCTOBER 6, 2009
6. BOARD
APPOINTMENTS
A. PLANNING, ZONING & BUILDING (Cont’d)
(Nuisance
Abatement Board)
3. Staff recommends
motion to approve: reappointment of the following members to the
Nuisance Abatement Board (NAB) for the term indicated below:
Nominee Seat No. Seat Requirement Terms Nominated by
Linda L. O’Rourke
2 PBC Resident April 10, 2009 - Commissioner Marcus
April 9,
2011 Commissioner Koons
SUMMARY: The NAB was
established under Ordinance number 2002-023 amending Ordinance 90-12. The NAB
is composed of five members. All members
must be residents of Palm Beach County, and at least one (1) member shall be a
licensed Attorney with trial experience. Ms. O’Rourke meets the residency
requirements. This will leave two (2) vacancies on the Board. Unincorporated (DW)
B. AIRPORTS
(Citizens
Committee on Airport Noise)
1. Staff recommends
motion to approve: appointment
of the following individual to the Citizens Committee on Airport Noise (CCAN)
for a term of three (3) years, beginning October 6, 2009, to October 5, 2012:
Nominee Seat No. Nominated
by
David Bjellos 9 Economic
Council of Palm Beach County
SUMMARY:
Per Resolution No.
R2002-0544, the Citizens’ Committee on Airport Noise consists of 13 seats of
which six (6) (Seat No. 8 through Seat No. 13) are recommended for appointment
by the organizations approved by the Board of County Commissioners. The
Economic Council of Palm Beach County has recommended David Bjellos. Countywide
(AH)
OCTOBER 6, 2009
6. BOARD
APPOINTMENTS
C. HOUSING & COMMUNITY DEVELOPMENT
(Emergency
Shelter Grants Program (ESGP) Advisory Board)
1. Staff recommends
motion to approve: appointment/reappointment of the following 11
nominees to the Emergency Shelter Grants Program (ESGP) Advisory Board for a
two (2) year term, beginning October 1, 2009, and ending September 30, 2011:
Appoint:
Nominees Seat No. Nominated By
Penni
Greenly 2 The Homeless Coalition of
Palm Beach County
Shawn
Wilson 3 The Homeless Coalition of
Palm Beach County
Genevieve
Cousminer 8 The
Homeless Coalition of Palm Beach County
Ken
Tuma (Alternate) 9 The
Homeless Coalition of Palm Beach County
Monica
Kalker Caruso (Alt) 11 The
Homeless Coalition of Palm Beach County
Reappoint:
Nominees Seat No. Nominated By
Robert
Anis 1 The
Homeless Coalition of Palm Beach County
Barbara
Bell-Spence 4 The
Homeless Coalition of Palm Beach County
Stephen
Johnson 5 The Homeless Coalition of
Palm Beach County
Dorothy
Walker 6 The Homeless Coalition of
Palm Beach County
Ezra
Krieg 7 The Homeless Coalition of
Palm Beach County
Sandy
Reynolds 10 The
Homeless Coalition of Palm Beach County
SUMMARY: On September 2, 1997, the Board of County Commissioners adopted
and re-established the ESGP Advisory Board.
This Resolution was amended on July 2006 by Resolution (R2006-1279) to
conform with the Federal regulations which require that at least one (1) Advisory
Board member be currently or formerly homeless. The ESGP Advisory Board
consists of nine (9) regular and two (2) alternate members nominated by The
Homeless Coalition of Palm Beach County, Inc.
ESGP Advisory Board members serve at-large for two (2) year terms. The
Advisory Board must be comprised of Palm Beach County residents who are
non-conflict, meaning that the agencies they are employed by, or are board
members of, will not be applying for ESGP funds during their term in
office. A request was sent to the
Homeless Coalition on July 24, 2009 requesting nominations. Correspondence was received from the Homeless
Coalition on August 26, 2009 nominating the above individuals to serve on the
ESGP Advisory Board. Countywide (TKF)
OCTOBER 6, 2009
6. BOARD
APPOINTMENTS
D. PUBLIC SAFETY
(Emergency
Medical Services Advisory Council)
1. Staff recommends
motion to approve: the following individuals to the Emergency Medical Services Advisory Council (EMS
Council) for the terms indicated:
Reappoint:
Nominee Representing/Seat No. Term Nominated
by:
Armand Nault PBC
Council of Firefighters/No. 17 08/15/09-08/14/11 Comm.
Santamaria Comm.
Koons
Comm. Vana
Comm. Aaronson
Scott McFarland PBC
Medical Directors Assoc/No. 16 08/15/09-08/14/11 Comm.
Santamaria
Comm.
Koons
Darrel Donatto PBC
Fire Chief’s Assoc./No. 1 08/15/09-08/14/11 Comm.
Santamaria Comm.
Koons
Brooke Liddle Private
Ambulance/No. 3 08/15/09-08/14/11 Comm.
Santamaria
Comm. Koons
Mark Nosacka Economic
Council of PBC/No. 6 08/15/09-08/14/11 Comm. Santamaria
Comm.
Koons
John Treanor EMS
Educator/No. 8 08/15/09-08/14/11 Comm.
Santamaria
Comm. Koons
Gerald Pagano Health
Care District Trauma/No. 4 08/15/09-08/14/11 Comm.
Santamaria
Comm. Koons
AND
EITHER
Reappoint
Jeffrey Davis PBC
Medical Society/No. 5 08/15/09-08/14/11
Comm. Santamaria
Comm.
Koons
OR
Appoint
Catherine Lowe PBC Medical Society/No. 5 10/06/09-10/05/11 Comm.
Taylor
SUMMARY: The EMS Council (R2009-0248) consists of 18 members who include 11
members that represent the various components of the EMS system with specific
requirements, and seven (7) Commission District Consumer appointments. A memo was sent to all Board members on August
26, 2009 seeking nominations for the above eight (8) at-large seats. Seat No. 5 has two (2) nominations. Countywide
(DW)
E. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 6, 2009
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
OCTOBER 6, 2009
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 6, 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
Proclamation declaring October 11 – 17, 2009 as “Influenza Vaccination
Week” in Palm Beach County.
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."