ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 20, 2009
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6 - 27)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 28 - 30)
5. REGULAR
AGENDA (Pages 31 - 32)
6. BOARD
APPOINTMENTS (Pages 33 - 34)
7. STAFF
COMMENTS (Page 35)
8. COMMISSIONER
COMMENTS (Page 36)
9. ADJOURNMENT (Page 36)
* * * * * * * * * * *
OCTOBER 20, 2009
TABLE OF CONTENTS
CONSENT AGENDA
Page 6
3A-1 Handicapped
Accessibility and Awareness Program grants
3A-2 Cooperative
Agreement with HUD for processing/resolving housing discrimination complaints
Page 7
3A-3 Energy Efficiency & Conservation Block
Grant Program Assistance Agreement with U.S. Department of Energy for several
County projects
3A-4 Agreement with Florida Atlantic University
Board of Trustees to assist with implementation of the Strategic Economic
Development Plan
Page 8
3A-5 Approval
Letters regarding the Brownfield Economic Development Initiative grant from HUD
3A-6 Contract
extension for World Trade Center Association Palm Beach
3A-7 Agreement with World Trade Center
Association Palm Beach for promoting Palm Beach County internationally
B. CLERK
& COMPTROLLER
Page 9
3B-1 Warrant list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments
C. ENGINEERING
& PUBLIC WORKS
Page 9
3C-1 Joint Participation and Project Funding
Agreement with City of Riviera Beach Utility Special District for utility
adjustments on Blue Heron Blvd/Congress Ave
3C-2 Deleted
3C-3 County Deed conveying parcel of land
(Persimmon Extension Pond) to Village of Royal Palm Beach
3C-4 Acceptance of
a portion of Belle Vista Canal for aquatic vegetation maintenance
D.
COUNTY ATTORNEY - None
E.
COMMUNITY SERVICES
Page 10
3E-1 Agreements with Children’s Services Council
regarding Early Head Start/Head Start grant match
3E-2 Memorandum of Understanding with Area Agency
on Aging for Retired Senior Volunteer Program
3E-3 Standard
Contract with Dept. of Elder Affairs for Adult Care Food Program
3E-4 Community Services Block Grant Contract
Modification Agreement with Dept. of Community Affairs
Page 11
3E-5 Resolution delegating authority for the FY
2010 HIV Emergency Relief Grant Application to U.S. Dept. of Health & Human
Services
F.
AIRPORTS
Page 11
3F-1 Novation
Agreement with United Parcel Service, Inc. regarding Airfreight Building Lease
3F-2 Exhibit 19
to Master Ground Lease with Federal Aviation Administration for cargo space
Page 12
3F-3 Reimbursable
Agreement w/Federal Aviation Administration regarding Taxiway Lima at PBIA
3F-4 Contract
with Rosso Paving & Drainage for South Taxilane Improvements Project at
PBIA
Page 13
3F-5 Contract with Davco Electrical Contractors
Corp for the Terminal Enplane Level and Deplane Level Lighting Improvements
Project at PBIA
3F-6 Contract
with Ranger Construction Industries for Exit Taxiways C4 and D Project at PBIA
OCTOBER 20, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F.
AIRPORTS (Cont’d)
Page 14
3F-7 Supplemental Joint Participation Agreement
No. 1 with FDOT for expansion of aircraft Apron “A” at PBIA
3F-8 Contract with Ranger Construction Industries
to construct Apron “A” at PBIA
Page 15
3F-9 Receive and file four (4) original
Agreements for Department of Airports
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H.
FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Notice of Termination of Use Agreement with
Criminal Conflict and Civil Regional Council in Airport Center, Building 2
Page 16
3H-2 Notice of Cancellation of Use Agreement with
Florida Department of Law Enforcement in Airport Center, Building 2
3H-3 Interlocal Agreement with City of Belle Glade
regarding 0.82 acre parcel for Fire Rescue Station No. 73
3H-4 Deleted
Page 17
3H-5 Modification No. 1 to Subgrant Agreement with
Florida Division of Emergency Management regarding hurricane hardening of State
Attorney/Public Defender and Main Courthouse buildings funding
3H-6 First Amendment to Utility Easement Agreement
in favor of FPL regarding Royal Palm Beach Library
I.
HOUSING & COMMUNITY DEVELOPMENT
Page 18
3I-1 Amendment No. 1 with City of Lake Worth
regarding funding for Memorial park multi-purpose sports field project
3I-2 Receive and
file two (2) Agreements for 2005 Disaster Recovery Initiative Program funds
3I-3 Amendment No. 1 with Village of Palm
Springs regarding funding for security fencing around water treatment plant and
various sewage lift stations project
3I-4 Amendment No. 2 with City of Lake Worth
regarding funding for prefabricated restroom at Howard Park
Page 19
3I-5 Amendment No. 4 with Delray Elderly,
regarding funding for five (5) generators at their residential buildings and
clubhouse project
J.
PLANNING, ZONING & BUILDING - None
K.
WATER UTILITIES
Page 19
3K-1 Receive and file one (1) standard
development agreement with Boynton Beach Community Church
L.
ENVIRONMENTAL RESOURCES MANAGEMENT - None
M.
PARKS & RECREATION
Page 19
3M-1 Agreement
with Street Beat, Inc. for after school programs summer event
Page 20
3M-2 Receive and file
14 Independent Contractor Agreements for Parks & Recreation
OCTOBER 20, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M.
PARKS & RECREATION (Cont’d)
Page 21
3M-3 State of Florida Coastal Zone Management
Program Grant Agreement for upland improvements at DuBois Park
3M-4 Agreement with Friends of Okeeheelee Nature
Center regarding operation/use of Nature Center
3M-5 Florida Recreation Development Assistance
Program Grant Application for South Bay RV Park improvements
Page 22
3M-6 Florida Recreation Development Assistance
Program Grant Application for Lake Ida Park improvements
3M-7 National Park Service’s American Battlefield
Protection Program Grant Agreement for development of battlefield site
identification plan at Riverbend Park
3M-8 Receive and file Agreement with City of
Delray Beach for 2009 Roots Cultural Festival
Page 23
3M-9 South Florida Water Management District
Cooperative Funding Agreement for Water Saving Incentive Program
3M-10 First Amendment to Independent Contractor Agreement
with David Wright for USA Competitive Swimming Team coaching services
Page 24
3M-11 Locally Funded Agreement with FDOT for
pedestrian improvements under U.S. 1/SR 5 bridge
3M-12 Resolution amending standard amphitheater
rental agreements for use of County amphitheaters
N.
LIBRARY - None
P.
COOPERATIVE EXTENSION SERVICE - None
Q.
CRIMINAL JUSTICE COMMISSION
Page 25
3Q-1 Department of
Justice FY 2009 grant for Justice and Mental Health Collaboration Program
3Q-2 Department of
Law Enforcement grant regarding Community Justice Service Center
R. HUMAN RESOURCES - None
S.
FIRE RESCUE
Page 26
3S-1 Side Agreement amending Article 45,
Attachment I – Palm Beach County Fire Rescue Drug Testing Article
T.
HEALTH DEPARTMENT - None
U.
INFORMATION SYSTEMS SERVICES - None
V.
METROPOLITAN PLANNING ORGANIZATION - None
W.
PUBLIC AFFAIRS - None
X.
PUBLIC SAFETY
Page 26
3X-1 Contract
with Legal Aid Society regarding legal services to indigent citizens
3X-2 Agreement for Partial Payment with United
Way regarding funding for an Emergency Management position
Page 27
3X-3 Family Drug Courts Program Grant with Office
of Justice Programs
Y.
PURCHASING - None
OCTOBER 20, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Z.
RISK MANAGEMENT - None
AA.
PALM TRAN - None
PUBLIC
HEARINGS - 9:30 A.M.
Page 28
4A Certificate
of Public Convenience and Necessity regarding the Village of Palm Springs
4B Certificate
of Public Convenience and Necessity regarding City of Lake Worth
4C Resolution
confirming special assessment process for Navarre Road paving/drainage project
Page 29
4D Certificate
of Public Convenience and Necessity regarding Village of Tequesta
Page 30
4E Federal Transit Administration Grant
Application Amendment for public transportation capital and operating
assistance funds
REGULAR AGENDA
COMMUNITY
SERVICES
Page 31
5A-1 American
Recovery and Reinvestment Act Cost of Living Adjustment grant
COUNTY
ATTORNEY
Page 31
5B-1 Settlement
in eminent domain case PBC v. Michael Martin (Indian Lake Estates)
PARKS &
RECREATION
Page 32
5C-1 Lake Worth
Beach Redevelopment Project status report
BOARD
APPOINTMENTS (Pages 33 - 34)
STAFF
COMMENTS (Page 35)
COMMISSIONER
COMMENTS (Page 36)
ADJOURNMENT (Page 36)
OCTOBER 20, 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 ratify: the Chairman’s signature on a Cooperative Agreement No.
FF204K094023 (Charge Resolution Contract) with the U.S. Department of Housing
and Urban Development (HUD) allowing the Office of Equal Opportunity (OEO) to
receive revenue for processing and resolving housing discrimination complaints
for the period of July 1, 2008, through June 30, 2009 in the total amount of
$152,421. Summary: Execution of this Contract was required prior
to September 30, 2009 in order for OEO to meet HUD’s FY 2009 federal funding
deadlines. This Cooperative Agreement is in the amount of $152,421 ($130,921 -
case processing; $11,500 - training funds; $10,000 - administrative costs). Countywide
(TKF)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve:
A) the United States Department of Energy’s
Energy Efficiency and Conservation Block Grant (EECBG) Program Assistance Agreement
totaling $6,587,600;
B) a Budget Amendment of $6,587,600 in the Energy
Efficiency and Conservation Fund to appropriate the award and recognize the
revenue; and
C) a Budget Amendment of $4,000,000 in the
Energy Efficiency and Conservation Capital Fund to recognize the transfer of
funds from the Energy Efficiency and Conservation Fund for the capital projects
awarded by the grant.
SUMMARY:
On
June 16, 2009, the Palm Beach County Board of County Commissioners adopted a
Resolution (R2009-1038) authorizing the submittal of the EECBG Program
application for the formula-based grant totaling $6,587,600 for the following
project activities: Water
Utilities Department’s Digester Biomass Gasification project at the Southern
Region Water Reclamation Facility ($1.2 million); Facilities Development &
Operations (FDO) Department’s HVAC for the Emergency Operations Center ($1.5
million); Parks and Recreation Department’s Green Generation Lighting at John
Prince, Okeeheelee and Lake Lytal Parks ($1,125,000); Engineering’s Traffic
Signal Synchronization for four (4) streets ($200,000); FDO’s Solar Power for
Agricultural/Mounts Complex ($175,000); Economic Development Office’s Energy
Efficiency/Conservation Competitive Grants for Governmental Organizations ($650,000),
and Revolving Loan Fund ($900,000) and Equity Seed Capital Program ($400,000)
for emerging Green Technology Companies and Energy Efficiency Projects and
Administration costs ($437,600). The
period of performance for the project activities is August 31, 2009, through
August 30, 2012. These are Federal funds
that require no local matching funds.
All documents are subject to modifications by the Department of Energy. Countywide
(DW)
4. Staff recommends
motion to approve: an Agreement with the Florida Atlantic University
Board of Trustees (FAU) in the amount of $23,000 to assist with the
implementation of the Strategic Economic Development Plan. The term of this
Agreement is retroactive from October 1, 2009, through September 30, 2010, with
two (2) - one (1) year options for renewal at the sole discretion of the
County. SUMMARY: The Center for
Environmental Studies (CES) at FAU will assist the Office of Economic
Development in: a) identifying and applying for federal, state and private/not
for profit funding sources to implement the current Strategic Plan; b) producing
a televised annual report of the Strategic Plan output, with a public education
component to the 2010 Economic Summit. The one half-hour TV report will be
created in partnership with Channel 20; c) planning and executing a smaller
scale 2010 Economic Summit, which will include all stakeholders and public
private partners to provide input and recommendations for the updating of the
original 21st Century Economic Strategic Plan; and d) providing an
electronic semiannual update on the status of the Strategic Plan projects. Countywide
(DW)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
5. Staff recommends
motion to:
A)
receive and file the U.S.
Department of Housing and Urban Development (HUD) Approval Letters for the
Brownfield Economic Development Initiative (BEDI) grant funds in the amount of
$1,058,971, for the Pahokee Downtown Revitalization Project;
B)
receive and file the HUD
Letters of Removal of Environmental Grant Condition and the executed Authority
to Use Grant Funds forms for the Brownfield Economic Development Initiative
(BEDI) Grant and the Section 108 Loan funds; and
C)
approve a Budget Amendment
of $1,058,971 in the Economic Development Fund to appropriate the award and
recognize the revenue.
SUMMARY: On June 2,
2009, the Palm Beach County Board of County Commissioners adopted a Resolution
(R2009-0902) authorizing the submittal of a BEDI grant application for $1
million and a Section 108 Loan Program application for $4 million to fund the
Downtown Revitalization Project in Pahokee. On June 11, 2009, the Economic
Development Office submitted a revised request of BEDI Grant funds to HUD, in
the amount of $1,058,971. On August 24, 2009, HUD submitted a Letter of
Approval for the BEDI Grant in the amount of $1,058,971. The implementation of the Pahokee Project
will start with the execution of both the BEDI and Section 108 Loan contracts.
The Approval Letter for the Section 108 Loan is pending receipt. These are Federal funds that require no
local match. District 6
(DW)
6. Staff recommends
motion to approve: a Contract extension for the World Trade Center Association
Palm Beach (WTCPB), from October 1, 2009, to December 15, 2009. SUMMARY: A three (3) month contract
extension has been requested by the WTCPB. This Contract extension will allow
the WTCPB to complete their deliverables specifically with regard to the
Memorandum of Understanding’s signed between WTCPB and the German Federation of
World Trade Centers (WTC). This Memorandum represents a partnership with nine
(9) WTC members in the cities of Berlin, Munich, Heidelberg, Cologne, Leipzig,
Hamburg, Bremen, Dusseldorf and Frankfurt.
The extension will allow the facilitation of four (4) trade meetings in
these cities. Over 1,000 businesses from
the participating WTCs will be invited to attend, with joint invitations sent
from the WTCPB and the Federation of German WTCs in cooperation with the
International Science Park Association. German based Max Planck Institutes and
their commercial partners are being invited to participate in the trade
discussions. In addition, the WTCPB
hosted one new consulate global visit to Palm Beach County on October 1, 2009. Countywide
(DW)
7. Staff recommends
motion to approve: an Agreement with the World Trade Center Association
Palm Beach (WTCPB), Inc. in the amount of $30,000 from October 1, 2009, to
September 30, 2010. SUMMARY: This Agreement with
the WTCPB will provide funding to assist the Office of Economic Development in
promoting Palm Beach County internationally, assisting local businesses to grow
internationally, and motivate foreign-based companies to expand into/invest in
Palm Beach County. The scope of services
outlined in this Agreement include: a) hosting four (4) consulate Global
Commerce Tours to Palm Beach County, b) assisting in developing Palm Beach
County’s international trading relationships targeting World Trade Center
locations in Germany where Memoranda of Understanding have been executed with
the WTCPB, and c) assisting in strengthening the international financial
cluster in Palm Beach County. Funding is included in the 2010 budget. The FY
2010 Grant Agreement of $30,000 is reduced from last year’s level of $99,000. Countywide
(DW)
OCTOBER 20, 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: None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during June 2009. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Joint Participation and Project Funding
(Agreement) with the City of Riviera Beach Utility Special District (District)
in the amount of $1,077.32 for utility adjustments on Blue Heron Boulevard and
Congress Avenue. SUMMARY: Approval
of this Agreement will allow Palm Beach County (County) and the District
to jointly participate in the utility adjustments to the water distribution
system and other improvements along the right-of-way. The District agrees to
reimburse the County for the cost of these utility adjustments and other improvements.
District 7 (MRE)
2. DELETED
3. Staff recommends motion to approve: a County Deed conveying to the Village of Royal Palm Beach (Village) a parcel of land known as the Persimmon Extension Pond (S.R. 7). SUMMARY: Approval of this action will convey to the Village a parcel of land being utilized as a drainage pond in accordance with the previously approved Interlocal Agreement. District 6 (PK)
4 Staff recommends motion to approve: acceptance of the Bella Vista Canal that allows drainage from Palm Beach County roads, for aquatic vegetation maintenance for an average of no more than two (2) sprayings per year, for the portion as shown on the Plat of Lake Clarke Manor, Plat Book 24, Page 180 that flows from the West Palm Beach Canal west to Lake Clarke Drive, and south to Carambola Road, and the associated fingers. SUMMARY: Approval of this acceptance will provide for permanent maintenance of this portion of Bella Vista Canal. District 3 (MRE)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
Agreements with Children’s Services Council of Palm Beach County, for the
period of October 1, 2009, through September 30, 2010, pending funding in the
following amounts:
A) $157,413
for Early Head Start services, and
B) $297,551
for Head Start services
Summary: These Agreements will allow Children’s
Services Council to provide up to $157,413 as part of the federal matching
funding requirement to provide full day/full year comprehensive Early Head
Start services to a total of 180 pregnant mothers, infants/toddlers, and up to
$297,551 as part of the matching funds requirement to provide full day/full
year Head Start services to 1,871 3-5-year-old children and their families.
Services include comprehensive health, education, parental involvement, nutritional,
social and other services. No County funding is required. (Head Start) Countywide (TKF)
2. Staff recommends
motion to approve: Memorandum of Understanding (MOU) with the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA).
Summary: This MOU with the AAA Retired Senior Volunteer Program will
enable the Division of Senior Services (DOSS) to perform interviews and/or
orientation to make final decisions on a volunteer assignment. DOSS will provide supervision to volunteers
on all assignments at all DOSS locations. No County funds are required. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road.
(TKF)
3. Staff recommends
motion to approve: Standard Contract No. Y0119 for the Adult
Care Food Program (ACFP) with the Florida Department of Elder Affairs (DoEA)
for the period October 1, 2009, through September 30, 2010, for a total
not-to-exceed amount of $66,268. Summary: The ACFP is a component of
the federally funded, Child and Adult Care Food Program operated nationally by
the USDA. The DoEA administers the adult
component of the program at the state level.
The program provides meal reimbursements to Division of Senior Services
for servicing eligible adult day care clients. No County funding is required.
(DOSS) Countywide (TKF)
4. Staff recommends
motion to:
A) receive and file the Community Services Block Grant Contract (CSBG) Modification Agreement with the State of Florida Department of Community Affairs for the period of October 1, 2008, to September 30, 2009; and
B) approve a Budget Amendment of $48,697 in the Community Action Program Fund to reconcile the 2009 budget to the actual grant award.
Summary: The fully executed document signed by the Board of County Commissioners (R2009-1247) has been returned to Community Action and requires submission to the Clerk’s office for filing. This modification incorporates base increase funds of $46,403 and carryover funds of $2,294 for a new total CSBG contract amount of $1,127,369. A Budget Amendment is needed to reconcile the 2009 budget to the actual grant award. (Community Action Program) Countywide (TKF)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to adopt:
Resolution delegating authority to the County Administrator, or his designee,
to sign the Fiscal Year 2010 HIV Emergency Relief Grant Application and related
documents. Summary: The
County has been notified that it is one of the Eligible Metropolitan Areas
(EMAs) which will receive funds under the Ryan White Part A HIV Emergency
Relief Grant. Part A funds provide
direct financial assistance to EMAs most severely affected by the HIV epidemic.
The purpose of the funds is to deliver or enhance HIV related outpatient and
ambulatory health and support services, including case management and
comprehensive treatment for individuals and families with HIV disease. The
grant application for FY 2010 must be submitted to the U.S. Department of
Health and Human Services (HHS) by October 30, 2009. The grant application will
be completed by October 19, but still must be reviewed by the HIV CARE Council
staff and the Community Services Department. To ensure that the deadline is
met, the delegation of authority to sign the application is requested. Funding
provided through HHS. No County match is required. (Ryan White) Countywide
(TKF)
F. AIRPORTS
1. Staff recommends
motion to approve:
Novation Agreement with United Parcel Service, Inc. (UPSINC) and United Parcel
Service Co. (UPSCO), transferring all of UPSINC’s rights, duties and
obligations under the Airfreight Building Lease, as amended (R-96-2014D) (the
Lease), to UPSCO. SUMMARY:
UPSINC wishes to transfer all of its rights, duties and obligations under the
Lease to UPSCO, as the certificated airline. The Department of Airports
has no objection to the Novation Agreement. Countywide (HJF)
2. Staff recommends
motion to approve: Exhibit 19 to Master Ground Lease No.
DTAF06-95-L-15144, with the Federal Aviation Administration (FAA), as amended
(R95-1251D) (Master Lease), providing for the lease of cargo space at the Palm
Beach International Airport (PBIA) at no cost to the FAA and for the
termination of Exhibit 4 to the Master Lease.
SUMMARY: The Master Lease provides for the lease of property
to the FAA in support of its operations at PBIA. Exhibit 19 provides for
the lease of Unit 1304 in Cargo Building No. 1300, which will be used by the
FAA for storage of materials, supplies and equipment. Exhibit 4 to the
Master Lease provides for the FAA’s use of a .36 acre parcel of land at PBIA,
which is improved with a structure used by the FAA for storage of materials,
supplies and equipment and a radar facility (ASR-8). Exhibit 4 will be
terminated thirty (30) days following the effective date of Exhibit 19.
The return of the ASR-8 site will enable the site to be developed for future
airfield improvements. Countywide (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to:
A) approve a Reimbursable Agreement with the Federal Aviation Administration (FAA)
in the amount of $128,524; and
B) request the Clerk to make an advance payment of $128,524 to the FAA in
accordance with the requirements of the Reimbursable Agreement.
SUMMARY: The Palm Beach County
Department of Airports is currently planning the eastward extension of Taxiway
Lima at Palm Beach International Airport.
As a result, the FAA’s Glide Slope and Runway Visual Range systems are
impacted by this project and must be relocated.
Therefore, the County has requested that the FAA participate in this Agreement
to provide engineering support services for the relocation of these facilities.
This Agreement provides funds for the FAA to establish and carry-out these
essential services. Funding sources for this project consist of Passenger
Facility Charge funds and Florida Department of Transportation grants. Countywide (AH)
4. Staff recommends
motion to approve:
A) a
Contract with Rosso Paving & Drainage, Inc. in the amount of $1,079,085.70
for the South Taxilane Improvements Project at Palm Beach International Airport
(PBIA); and
B) a
Budget Amendment of $924,084 in the Airports Improvement and Development Fund
to recognize Federal Aviation Administration grant funding; to establish
$1,342,112 in funding for project expenditures, including design costs and
contingency funding; and to decrease Airport Reserves by $418,028.
SUMMARY: This project was advertised utilizing the County’s competitive bid
process. On August 6, 2009, nine (9) bids were received for the South Taxilane
Improvements Project at PBIA. Of the nine (9) bids, Rosso Paving &
Drainage, Inc. has been identified as a responsible/responsive bidder in the
amount of $1,079,085.70. In addition to the construction contract, project
expenditures also include design costs, permitting fees and contingency
funding. The Disadvantaged Business Enterprise (DBE) Goal for this project was
established at 15.00%. Rosso Paving
& Drainage, Inc. is certified as a DBE and the DBE participation is 44.74%.
Matching funds of $308,028 (25%) are required from Airport Revenues. Countywide
(JCM)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve:
A) a Contract with Davco Electrical
Contractors Corporation in the amount of $995,256.20 for the Terminal Enplane
Level and Deplane Level Lighting Improvements Project at Palm Beach International
Airport (PBIA); and
B) a
Budget Amendment of $784,148 in the Airports Improvement and Development Fund
to recognize Federal Aviation Administration grant funding; to increase project
expenditure funding by $847,806, including design costs and contingency
funding; and to decrease Airport Reserves by $63,658.
SUMMARY: This project was advertised utilizing the County’s competitive bid
process. On August 6, 2009, five (5) bids were received for the Terminal
Enplane and Deplane Level Lighting Improvements Project at PBIA. Of the five
(5) bids, Davco Electrical Contractors Corporation has been identified as a
responsible/responsive bidder in the amount of $995,256.20. In addition to the
construction contract, project expenditures also include design costs,
permitting fees and contingency funding. The Disadvantaged Business Enterprise
(DBE) Goal for this project was established at 15.00%. Davco Electrical
Contractors Corporation DBE participation is 36.93%. Matching funds of $261,383 (25%) are required
from Airport Revenues. Countywide (JCM)
6. Staff recommends
motion to approve:
A) a Contract with Ranger Construction
Industries, Inc. in the amount of $1,683,997.10 for the Base Bid only (Taxiway
D) for the Exit Taxiways C4 and D Project at Palm Beach International Airport
(PBIA); and
B) a Budget Amendment of $1,790,013 in the
Airports Improvement and Development Fund to reduce grant revenues; reduce
capital costs by $2,348,729, including construction, construction management,
and contingency; and increase reserves by $558,716.
SUMMARY: This project was advertised utilizing the County’s competitive bid
process. On August 6, 2009, three (3) bids were received for the Exit Taxiways
C4 and D Project at PBIA. Of the three (3) bids, Ranger Construction
Industries, Inc. has been identified as a responsible/responsive bidder in the
amount of $1,683,997.10 for the Base Bid only (Taxiway D). Construction costs
decreased due to favorable bids as compared to original cost estimates; grant
reimbursements are likewise decreased. In addition to the construction
contract, project expenditures also include design costs, permitting fees and
contingency funding. Approval of this item reduces capital expenditures by
$2,348,729 to $2,372,271. The Disadvantaged Business Enterprise (DBE) Goal for
this project was established at 15.00%. Ranger Construction Industries, Inc.
achieved 43.08% DBE participation. Matching funds of $296,534 (12.5%) are
required from Airport Revenues. Countywide (JCM)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
7. Staff recommends
motion to adopt: a Resolution approving
Supplemental Joint Participation Agreement
(SJPA) Number 1 with the Florida Department of Transportation (FDOT) for
expansion of aircraft Apron “A” at Palm Beach International Airport (PBIA),
revising the total cost of the project and modifying the participation percentages
due to Federal participation in the project. SUMMARY: On June 6, 2006, the Board of County
Commissioners adopted a resolution (R2006-0976)
approving a Joint Participation Agreement (JPA) with the FDOT in the
amount of $1,220,000 or 50.00% of the eligible project costs, whichever is
less, to expand Apron “A” at PBIA. Per
paragraph 3.00 of said JPA, the total estimated cost of the project is
$2,440,000. The FDOT has issued SJPA
Number 1 increasing the eligible project cost by $1,398,345 bringing the
revised total cost of the project to $3,838,345, with no increase in FDOT
funding. The FDOT’s participation remains $1,220,000, however, Federal Aviation
Administration (FAA) funding in the amount of $1,897,581 has also been obtained
and awarded for this project. Previous
expenditures under the original JPA were applied to design fees for this
project as well as utility relocation construction work. The FDOT participation on the unencumbered
portion of the JPA in the amount of $725,382 has been converted from 50% to 19%
funding to match the FAA allocation. The
County’s local share will be reduced to 32% of the project cost. Countywide
(AH)
8. Staff recommends
motion to approve:
A) a Contract with Ranger Construction
Industries, Inc. in the amount of $3,838,345 to construct Apron ‘A’ project at
Palm Beach International Airport (PBIA);
B) a Budget Amendment of $1,404,581 in the
Airports Improvement and Development fund to: establish $4,045,520 for total
project expenditures, including contingency; recognize $1,897,581 of Federal
Aviation Administration grant funding; reduce estimated Passenger Facility
Charge (PFC) and State grant funding by $493,000; and transfer $486,203 to
Airport Reserves; and
C) a Budget Transfer of $294,000 in the
Airport PFC Fund, decreasing transfers and increasing PFC Reserves.
SUMMARY: This project was advertised utilizing the County’s competitive bid
process. On July 14, 2009, five (5) bids were received to construct Apron ‘A’
project at PBIA. Of the five (5) bids,
Ranger Construction Industries, Inc. has been identified as a responsible/responsive
bidder in the amount of $3,838,345. In addition to the construction contract,
project expenditures also include permitting fees and contingency funding for a
total project cost of $4,045,520. The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 15.00%. Ranger Construction
Industries, Inc. DBE participation is 12.51%. Funding consists of $2,723,891 in
Federal and State grants, $1,116,560 in PFC revenue, and $205,069 in Airport
revenue. Countywide (JCM)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff recommends
motion to receive and file: four (4)
original Agreements for the Department of Airports:
A) Agreement
to Terminate Hangar Lease Agreement with Arthur J. Dreyer, Unit 8, Building
11720 at North County Airport, terminating R2008-1743 on September 30, 2009;
B)
Executive Hangar Lease
Agreement with Mustang Air, Inc., Unit 6, Building 11250, at North County
General Aviation Airport for one (1) year, automatically renewed at one (1)
year intervals, commencing September 1, 2009;
C)
Agreement for Rental Car
Lease and Concession at Palm Beach International Airport with Vanguard Car
Rental USA Inc., for two (2) years commencing October 1, 2009, terminating September
30, 2011; and
D)
Non-concessionaire Rental
Car and Parking Lot Operator Ground Transportation Permit with Fort Lauderdale
Auto Leasing Corp. d/b/a Sunshine Rent A Car a/k/a Fox Rent A Car,
automatically renewed at one (1) year intervals, commencing October 1, 2009.
SUMMARY: Delegation of authority for execution of the standard
County agreements above was approved by the BCC in R2004-1367, R2009-0974,
R2009-1073 and R2009-1267. Countywide
(AH)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: a Notice of Termination of Use Agreement (R2007-2084) with the
Criminal Conflict and Civil Regional Counsel – Fourth Region (Conflict Counsel)
for the Conflict Counsel’s use and occupancy of 6,209 square feet in Airport
Center, Building 2. SUMMARY: During the 2007
legislative session, the Office of Criminal Conflict and Civil Regional Counsel
was created by Statute and Palm Beach County was required to provide funding
for the Conflict Counsel. The County
entered into a Use Agreement with the Conflict Counsel on November 20, 2007,
for the Conflict Counsel’s use and occupancy of 6,209 square feet of space in
Airport Center, Building 2. The initial term of the Agreement extended until
June 30, 2008, with an option to renew for three (3) successive periods of one
(1) year each. The County provided the space at Airport Center to the Conflict
Counsel at no cost commencing on July 1, 2008.
Palm Beach County joined other counties in a lawsuit challenging the
constitutionality of the law requiring counties to fund the Regional Conflict
Counsel Office. Conflict Counsel was advised that it would have to commence
payment for its space immediately if the counties prevailed. The counties
prevailed at the appellate level in July 2009, and the Conflict Counsel vacated
Airport Center. The Conflict Counsel completed its vacation of the space at
Airport Center by August 1, 2009, and the County does not have any outstanding
issues with the Conflict Counsel. County’s Notice of Termination of Use
Agreement is being delivered to the Conflict Counsel as a formality. (FDO Admin) Countywide/District 2 (HJF)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a Notice of Cancellation of the Use Agreement
(R2009-0091) with the Florida Department of Law Enforcement (FDLE) for FDLE’s
use and occupancy of 2,683 square feet in Airport Center, Building 2 effective
January 12, 2010. SUMMARY: During the 2008 legislative session,
funding for the lease payments for the West Palm Beach FDLE Field Office were
eliminated requiring the agents and support staff to relocate to Broward
County. At the Sheriff and FDLE’s request, the County identified space that it
could make available to FDLE on a short term basis (one (1) year). The County
entered into a Use Agreement with FDLE on January 13, 2009, for FDLE’s use and
occupancy of 2,683 square feet of space in Airport Center, Building 2. The
initial term of the Agreement is for a period of one (1) year, with an option
to renew for three (3) successive periods of one (1) year each upon consent of
both parties. The Agreement allows either party to cancel the Agreement for any
reason upon sixty (60) days written notice to the other party. The term of the
Agreement expires on January 12, 2010. All County offices have been relocated
from Airport Center, Building 2, Conflict Counsel has vacated the space it was
occupying, and FDLE is the only tenant remaining in the building. Termination
of this Agreement will allow for the building to remain “dark” until sufficient
funding is available for the planned renovations prior to re-occupancy. This
will save the County approximately $250,000/year in operating and maintenance
costs due to the current condition of the building. These savings were
reflected in the budget approved for FY 2010.
County Staff and PBSO are working with FDLE to develop a decentralized
operating model which will allow the FDLE employees to be placed in various
PBSO occupied facilities throughout the County. (FDO Admin) District 2 (HJF)
3. Staff recommends
motion to approve: an Interlocal
Agreement with the City of Belle Glade (City) providing for the City's donation
of an approximate 0.82 acre parcel of real property located in Belle Glade to
the County together with an access easement.
SUMMARY: The County has
recently completed renovations to the existing Fire Rescue Station No. 73
located at 525 Southwest 2nd Street in Belle Glade. Fire Rescue requires additional property to
build their administrative offices in Belle Glade. This Interlocal Agreement provides for the
City's donation of a 0.82 acre parcel of land for fire rescue purposes and the
County's donation of $75,000 to be applied towards the re-configuration of the
master plan of their municipal complex.
The 0.82 acres is adjacent to the existing Fire Rescue Station No. 73
property and is located within the City's municipal services compound. The
Interlocal Agreement requires the City to grant County, at closing, an access
easement over a proposed internal roadway area which will service the municipal
complex. The easement area is an
irregularly shaped parcel that is approximately 30' wide by 142.11' long and
contains 3,348 square feet and is located along the northeast side of the
site. This is a perpetual, non-exclusive
easement for the purposes of ingress and egress to the County property and is
being granted to the County at no additional charge. Closing is expected to take place within 75
days of the effective date of this Interlocal Agreement. In the event the
County ceases to provide fire rescue services to the City, the City has the
option of purchasing the property for the appraised value of any improvements
existing on the property. (PREM) District
6 (HJF)
4. DELETED
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve:
A) Modification No. 1 to Subgrant Agreement (R2008-0048)
with Florida Division of Emergency Management; and
B) Amendment No. 3 to the Contract with The Weitz Company
(R2007-1105) in the amount of $10,931,930 for construction management services
for the hurricane hardening of the State Attorney/Public Defender (SA/PD) and
Main Courthouse buildings.
SUMMARY: Following Hurricane Wilma in 2005,
the United States Department of Homeland Security-Federal Emergency Management
Agency (FEMA) made available Hazard Mitigation Grant Program funds for projects
designed to mitigate the hazards of disaster events relative to critical
governmental facilities. A grant was
approved for work relating to the purchase and installation of impact resistant
glass on all windows and doors for the Governmental Center, SA/PD, and Main
Courthouse. At the County’s request, the Governmental Center is being removed
from the project as the actual cost to complete that sub-project was almost
twice the budget due to the related work which would need to be accomplished
simultaneously. In addition, there was
no practical way to perform the work without major service disruption to all
occupants. Modification No. 1 removes the Governmental Center from the
grant. With these modifications, the
revised total project budget is $14,935,248, with FEMA funding (via the State
of Florida, Division of Emergency Management) $11,201,436 and the County
matching the remainder of the costs in the amount of $3,733,812 from the Public
Building Improvement Fund. In addition,
FEMA is also providing administrative costs up to $110,676. The County portion
of the deleted sub-project costs, in the amount of $832,000, will be returned
to the Public Building Improvement Fund.
Amendment
No. 3 will provide for a Guaranteed Maximum Price (GMP) for the hurricane
hardening of the SA/PD and Main Courthouse buildings comprising of replacing of
the existing glazing system, skylights,
exterior doors & frames, overhead coiling doors, and caulking to
comply with current wind code requirements. The duration of this work is 14
months. The Small Business Enterprise
(SBE) participation for this work is 16.1%. When added to the contractor’s participation
to date, the resulting SBE participation is 16.5%. The contract goal is 15%. (Capital
Improvements Division) Countywide/District 7 (JM)
6. Staff recommends
motion to approve: a First Amendment to Utility Easement Agreement
(R2001-0748) in favor of Florida Power & Light (FPL) for electrical service
to the expanded Royal Palm Beach Library. SUMMARY:
The Royal Palm Beach Library, located near the southwest corner of Royal Palm
Beach Boulevard and Okeechobee Boulevard, is currently being expanded from
7,955 to 20,485 square feet. Electrical service from a FPL conduit line is
required to be relocated as a result of the library expansion. This First
Amendment to Utility Easement Agreement will replace the existing legal
description with this new legal description and sketch. All other terms and conditions of the Utility
Easement Agreement remain unmodified.
The easement area varies from 10’ to 15’ wide, is approximately 590’
long, and covers an area of approximately 6,040 square feet (.14 acre). This is
a perpetual non-exclusive easement and is being granted to FPL at no charge, as
it will provide electrical services to County facilities. (PREM) District 6 (HJF)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve:
Amendment No. 001 to an Agreement (R2008-0970) with the City of Lake Worth, to
extend the expiration date from June 30, 2009, to October 30, 2009. SUMMARY: This Amendment provides an extension of four
(4) months to the term of the existing Agreement with the City of Lake Worth
for improvements to the Memorial Park multi-purpose sports field. The work on
the project has been completed; however, the City’s administrative portion of
the project has extended beyond the June 30, 2009, expiration date of the
Agreement. This time extension will provide
the City sufficient time to complete the grant’s administrative work and to
process a reimbursement request to the County. These are Federal Community Development Block Grant funds that require
no local match. District 7 (TKF)
2. Staff recommends
motion to receive and file:
A) an Agreement in the amount of
$225,000 with the City of Greenacres for the period of August 24, 2009, to
April 21, 2010; and
B) an Agreement in the amount of
$405,000, with the Boca Raton Housing Authority for the period August 24, 2009,
to March 15, 2010.
SUMMARY: On April 23, 2008, Palm Beach
County entered into an Agreement with the Florida Department of Community
Affairs (DCA) to receive up to $19,568,569, for various projects to be funded
under the 2005 Disaster Recovery Initiative Program - Supplemental
Appropriation. The two (2) Agreements provided herein are funded under this
Agreement with DCA. The County Administrator executed these two (2) Agreements
under the authority provided by the Palm Beach County Board of County
Commissioners on September 11, 2007 (R2007-1524). These are Federal Community Development Block Grant funds which do not
require local matching funds. Districts
2 & 4 (TKF)
3. Staff recommends
motion to approve:
Amendment No. 001 to an Agreement (R2009-0997) with the Village of Palm
Springs, to extend the expiration date from August 15, 2009, to January 31,
2010. SUMMARY: This Agreement provides the Village of Palm Springs,
$150,000 in 2005 Disaster Recovery Initiative Program funds for the
installation of security fencing around its water treatment plant and various
sewage lift stations. The Amendment provides
an extension of five and a half (5 ½) months to the term of the existing
Agreement due to delays associated with obtaining easements and site control
documentation of some of the lift station sites. These are Federal Community Development Block Grant funds that require
no local match. District 3 (TKF)
4. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2008-0871) with
the City of Lake Worth to modify the scope of the project and to extend the
expiration date from September 30, 2009, to March 31, 2010. SUMMARY:
The Agreement for this project included the purchase of a prefabricated
restroom building to be delivered to Howard Park and to be assembled by City’s
workforce on a slab to be constructed by the City. This Amendment provides for the construction
of a restroom building in a conventional manner in lieu of the purchase of
prefabricated components. The restroom building will be Americans with
Disabilities Act compliant. The project
also includes access ramps and walkways.
The time extension will provide the City time to complete the design,
bid the work, construct the improvements and submit the associated grant
paperwork. These are Federal Community
Development Block Grant funds that require no local match. District 7
(TKF)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends
motion to approve: Amendment
No. 004 to an Agreement (R2007-1522), with Delray Elderly, L.P., to increase
the amount funded under the Agreement from $150,000 to $286,547, and to extend
the expiration date from August 15, 2009, to January 31, 2010. SUMMARY: This Amendment provides Delray Elderly, L.P.,
an additional $136,547, in 2005 Disaster Recovery Initiative Program funds for
the purchase and installation of five (5) generators for their residential
buildings and clubhouse at 600 Lindell Boulevard in the City of Delray Beach.
The additional funding will increase the County’s contribution towards the
project cost in light of the receipt of bids with the lowest bid being at
$293,333. The difference between the amount funded under the Agreement and the project
cost will be paid by Delray Elderly, L.P., who is also funding the cost of the
project consultant. The agreement extension will provide the time needed to
order and install these generators. These
are Federal Community Development Block Grant funds that require no local
match. District 4 (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to receive and file: One (1) Standard Development Agreement
complete with executed documents received during the month of August 2009:
Standard Development Agreements
A) Boynton
Beach Community Church, Inc. (District
5) 05-01102-000
SUMMARY: The terms and conditions for Standard Development
Agreements are outlined in the Water Utilities Department’s Uniform Policies
and Procedures Manual. The Board of
County Commissioners delegated the authority to execute various types of
Standard Development Agreements to the Department Director including potable
water and wastewater agreements (R93-1619); reclaimed water agreements
(R96-0228); and additional conditions for potable water, wastewater, and
reclaimed water agreements (R2003-0539). After these agreements are executed by
the developer and the Department, they must be recorded by the County Clerk’s
Office. This agenda item recommends the Board receive and file the agreements
so they may be properly recorded. Countywide (SF)
M. PARKS
& RECREATION
1. Staff recommends motion
to approve: Agreement
with Street Beat, Incorporated for the period October 20, 2009, through
December 30, 2009, in an amount not-to-exceed $10,000 for funding of the After
School Programs Summer Event. Summary: This funding is to help offset the
cost of Street Beat Incorporated’s After School Summer Programs event, which
was held at the Dolly Hand Cultural Center and Pioneer Park on July 29, 2009.
Approximately 600 youth participated in the event. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to May 1, 2009. Funding
is from the Recreation Assistance Program (RAP) District 6 Funds. District 6 (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff
recommends motion to receive and file: executed Independent Contractor Agreements received during the months of
August and September:
A) Palm Beach County Officials
Association, Inc., Flag Football Referee, Westgate Park & Recreation
Center;
B) Palm Beach County Officials
Association, Inc., Volleyball Official, West Boynton Park & Recreation
Center;
C) Karen Lindquist, Nature Based
Education, Riverbend Park;
D) Modern Bujutsu Karate Florida,
Inc., Martial Arts, Therapeutic Recreation Complex;
E) Cindy Martling, Stroller Power, West
Jupiter Recreation Center;
F) Michael Alford, Flag Football
Referee, Westgate Park & Recreation Center;
G) George Tillman, Flag Football
Referee, Westgate Park & Recreation Center;
H) Kim Moser, Classical Fencing,
West Jupiter Recreation Center;
I) Dawn Gunduz, Belly Dancing, West
Jupiter Recreation Center;
J) Teresa Stratton, Water Fitness,
Aqua Crest Pool;
K) Gold Coast Gymnastics, Inc.,
West Boynton Park & Recreation Center;
L) Stacey Lazos, Yoga, Therapeutic
Recreation Complex;
M) Frankie Thomas, Dance, Westgate
Park and Recreation Center; and
N) JKF Goju Kai, Florida, Inc.,
Martial Arts, West Jupiter Recreation Center.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts
1, 2, 3 & 7 (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
3. Staff recommends
motion to:
A) receive and file a fully executed State of Florida Coastal
Zone Management Program Grant Agreement for upland improvements at DuBois Park;
and
B) approve Budget Amendment of $50,000 within the Park
Improvement Fund to establish budget for the approved grant.
Summary: On December 2, 2008, the Board authorized submission of a Florida
Coastal Partnership Initiative grant application (R2008-2237) for upland
improvements at the recently acquired Zeke’s Marina property. The Board also
authorized the County Administrator or his designee to execute the Project Agreement
(DEP Agreement No. CM016) and other standard state and/or federal grant forms
related to this project if the grant was approved. This grant was approved, the Grant Agreement
has been fully executed, and it is being submitted to the Board to receive and
file. The Florida Coastal Partnership Initiative makes Federal funds from the
National Oceanic and Atmospheric Administration available to local governments
for the protection and effective management of Florida’s coastal resources. The grant is administered by the Florida
Department of Environmental Protection. District 1 (AH)
4. Staff recommends
motion to approve: Agreement
with Friends of Okeeheelee Nature Center, Inc. defining their role in
management, operation and use of the Okeeheelee Nature Center, effective upon
execution of this Agreement with automatic yearly renewal of terms. Summary: The Okeeheelee Nature Center (Nature Center)
is operated by the Board of County Commissioners. The Friends of Okeeheelee
Nature Center, Inc. (Corporation) is a private not-for-profit corporation whose
purpose is to support and enhance the Nature Center and provide visitors and
the surrounding community with educational and programmatic resources that will
result in a recreation experience and a deeper understanding of Florida’s
eco-system. The Agreement outlines the Corporation’s role in the management,
operation and use of the Nature Center. District
6 (AH)
5. Staff recommends
motion to:
A) ratify the signature of the Chairman on
a Florida Recreation Development Assistance Program (FRDAP) Grant Application
submitted to the State of Florida Department of Environmental Protection (DEP)
on September 11, 2009, requesting $200,000 for the South Bay RV Park Phase I
Development Project to be matched with $200,000 from the 2005 $25 Million General Obligation Bond;
B) authorize
the County Administrator or his designee to execute the grant project Agreement
and all future time extensions, task assignments, necessary minor amendments,
and any other necessary forms and certifications during the term of the
Agreement that do not change the scope of work or terms and conditions of the
Agreement if the grant is approved; and
C) authorize
the Director of the Parks and Recreation Department to serve as Liaison Agent
with DEP for this project.
Summary: The
application requests $200,000 from FRDAP toward the South Bay RV Park Phase I
Development Project. The proposed improvements include a new bike
trail, new camping sites, new horseshoe pits, new picnic facilities, new
landscaping, fencing, site lighting and sidewalks, renovation of the existing
playground, renovation of the existing restroom and a new dog exercise area. If
the grant is awarded, and once the project is complete, the grant contract
requires a Notice of Limitation of Use to be recorded in public records
limiting the project site to outdoor recreation for the use and benefit of the
public for a period of 25 years as part of the close-out documentation. District 6 (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to:
A) ratify the signature of the Chairman
on a Florida Recreation Development Assistance Program (FRDAP) Grant Application
submitted to the State of Florida Department of Environmental Protection (DEP) on
September 11, 2009, requesting $200,000 for the Lake Ida Park West Phase II
Development Project to be matched with $200,000 from the 2003 $25
Million General Obligation Bond;
B) authorize the County Administrator or his designee to execute the grant project
Agreement and all future time extensions, task assignments, necessary minor
amendments, and any other necessary forms and certifications during the term of
the Agreement that do not change the scope of work or terms and conditions of
the Agreement if the grant is approved; and
C) authorize the Director of the Parks and
Recreation Department to serve as Liaison Agent with DEP for this project.
Summary: The application requests $200,000 from
FRDAP toward the Lake Ida Park West Phase II Development Project. The
proposed improvements include over 1,000 feet of new bike trail, new covered
picnic shelters, new staging docks for the existing boat ramps, construction of
additional parking, and installation of new landscaping and sod. The renovation portion of the project will
include renovating the existing picnic facilities, playground, restroom,
parking and fishing pier. If the grant is awarded, and once the
project is complete, the grant contract requires a Notice of Limitation
of Use to be recorded in public records limiting the project site to outdoor
recreation for the use and benefit of the public for a period of 25 years as
part of the close-out documentation. District
4 (AH)
7. Staff recommends motion
to:
A) receive and file a
fully executed National Park Service’s American Battlefield Protection
Program (ABPP) Grant Agreement for the development of a battlefield site
identification plan at Riverbend Park
for the period August 1, 2009, through December 31, 2010; and
B) approve Budget Amendment of $40,790 within the Park
Improvement Fund to establish budget for the approved grant.
Summary: On March 17, 2009, the Board authorized
submission of a National Park Service American Battlefield Protection
Program Grant Application for the development of a battlefield site
identification plan at Riverbend Park
(R2009-0441). The Board also authorized
the County Administrator or his designee to execute the Grant Agreement (United
States Department of the Interior National Park Service Grant Agreement No.
GA-2255-09-021) and other standard state and/or federal grant forms related to
this project if the grant was approved. This
grant was approved, the Grant Agreement has been fully executed, and it is being
submitted to the Board to receive and file and to establish a project
budget. The grant will be matched
with $2,500 of in-kind service of staff time.
District
1
(AH)
8. Staff recommends
motion to receive and file: fully
executed original Agreement for
Recreation
Assistance Program (RAP) funding as follows: Agreement with the City of Delray
Beach for the period September 17, 2009, through November 30, 2009, in an
amount not-to-exceed $5,000 for the 2009 Roots Cultural Festival. Summary: Delegation of authority for execution of this
standard Recreation Assistance Program (RAP) Agreement was approved by the
Board on May 19, 2009 (5F-1). Funding
is from RAP District 7 Funds. District
7 (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
9. Staff recommends
motion to:
A) approve South Florida
Water Management District (SFWMD) Cooperative Funding Agreement No. 4600001897
for a $37,119.92 grant for the Water Savings Incentive Program;
B) authorize the County
Administrator or his designee to execute any future time extensions, task
assignments, certifications and other forms associated with this Agreement, and
necessary minor amendments that do not change the scope of work or terms and
conditions of the Agreement;
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with SFWMD for
this project; and
D) approve Budget Amendment of $37,120 within the General
Fund to establish budget for the approved grant.
Summary: The SFWMD has developed a cost-sharing program
to assist public entities with innovative technology-based water conservation
projects that reduce water use. This
grant funding will be used to reduce water consumption on athletic fields and
other large irrigated areas at South County Regional Park. The estimated cost of irrigation system
improvements at South County Regional Park is $74,240. The SFWMD Agreement will provide fifty
percent of the project cost. The
County’s fifty percent match will be funded from the current Parks Maintenance operating budget. Upon full execution of the
Agreement, the Budget Amendment of $37,120 will be completed administratively
to establish the necessary revenue and expenditure budget line items. District
5 (AH)
10. Staff recommends
motion to approve: First
Amendment to Independent Contractor
Agreement (WRI176520309530300E) with David
Wright for coaching services for a USA Competitive Swimming Team at Aquacrest
Pool for the period March 1, 2009, through February 28, 2010. Summary: On February 18, 2009, the Parks and Recreation Department entered into
an Independent Contractor Agreement with David Wright to provide coaching
services for the USA Competitive Swimming Team at Aquacrest Pool. This First Amendment eliminates the
Age Group Program, revises the scope of services, and reduces the not-to-exceed
amount from $60,000 to $35,000. District 7 (AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to:
A) adopt Resolution approving a Locally Funded
Agreement with the Florida Department of Transportation for pedestrian
improvements under the US-1/SR-5 bridge;
B) execute a State of Florida
Department of Transportation Locally Funded Agreement with a total project cost
of $56,000 to construct pedestrian improvements under the southern end of the
northern bridge spans adjacent to Burt Reynolds Park;
C) authorize the County
Administrator or his designee to execute any certifications, standard forms, or
amendments to the Agreement that do not change the scope of work or terms and
conditions of the Agreement;
D) authorize the Director of the Parks
and Recreation Department to serve as Liaison Agent with the Florida Department
of Transportation for this project;
E) request the Clerk of the Court make an advance
payment of $56,000 to State of Florida Department of Transportation in
accordance with the requirements of the Locally Funded Agreement; and
F) approve Budget Transfer of $120,000 within the Park
Improvement Fund from the Florida Boating Improvement Program reserve to Burt
Reynolds Boat Ramp Improvements.
Summary: The Florida Department of Transportation
(FDOT) is finalizing the plans and specifications for the U.S. 1/S.R. 5
Low Level Bridges Replacement project adjacent to Burt Reynolds Park. The
County has requested that FDOT incorporate pedestrian facilities underneath the
southern end of the north bridge spans as part of the bridge construction
project. The requested
improvements will connect the east and west sides of Burt Reynolds Park and
will provide a pedestrian underpass for boaters to launch and retrieve their
vessels without having to cross U.S. 1 at street grade, thereby resulting in
more efficient use of the boat ramps and improving boater safety. Other improvements to be completed that are
not part of the FDOT project include repairing four boat ramps on the east side
of the park, expansion of boat trailer parking areas, sidewalks, and other
related improvements. The proposed improvements
will be paid for using Palm Beach
County Florida Boating Improvement Program (FBIP) funding. A Locally Funded
Agreement and advance funding in an amount not-to-exceed $56,000 is necessary
for FDOT to commence construction. Once complete the County will be required to
maintain the pedestrian improvements in perpetuity. District 1 (AH)
12. Staff recommends
motion to adopt: Resolution amending Resolution R2009-0335 which delegates
authority to the County Administrator or designee to execute standard
amphitheater rental agreements for use of County amphitheaters. SUMMARY: The Palm Beach County Parks and Recreation
Department (Department) established a standard amphitheater rental agreement,
which allows individuals, promoters, groups and organizations to rent County
amphitheater facilities when the amphitheater would otherwise not be programmed
or booked by the County. This amendment
amends the standard amphitheater rental agreement, which is attached to
Resolution No. 2009-0335, and provides staff with the ability to negotiate with
well known entertainers and promoters by providing an option for additional
language that: 1) releases the renter from liability when damage or injury is
caused solely by the County’s willful misconduct or negligence; 2) requires the
County obtain prior approval to broadcast, record or photograph the renter; and
3) provides for other minor changes that are not material in nature. This added
language will only be used when requested by the renter, and approved by the
County Administrator or designee. This amendment is necessary to bring well
known entertainers and promoters to the County’s amphitheaters. Countywide
(AH)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
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 ‘09 grant for $249,942 for the Justice
and Mental Health Collaboration Program (JMHCP) for the period of October 1,
2009, to March 31, 2012;
B) approve a Budget Amendment of $302,942 in the Criminal
Justice, Mental Health and Substance Abuse Fund to establish funds for this
grant project;
C) approve a Budget Transfer of
$7,000 in the Crime Prevention Fund from Operating Reserves to Criminal Justice
Transfers; and
D) approve a Budget Transfer of
$46,000 in the Drug Abuse Trust Fund from Operating Reserves to Transfers –
Drug Abuse Trust Fund.
SUMMARY:
Palm Beach County has
received a direct award of $249,942 for the following proposal: the Criminal
Justice Commission jointly with the Oakwood Center of the Palm Beaches Inc., for
$249,942 for the Justice and Mental
Health Collaboration Program by
the Bureau of Justice Assistance. Match is required in the total amount of
$84,085 over 30 months and will be provided from a combination of the Crime
Prevention Fund and the Drug Abuse Trust Fund. Countywide (DW)
2. Staff recommends
motion to ratify: the
signature of the Chairman on a revision to the submittal of the grant
application (R2009-0938; from June 2, 2009) to the Florida Department of Law
Enforcement (FDLE) for the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program. The revised application was signed by the Chairman on September 28,
2009 in order to meet the FDLE deadline of September 30, 2009. The revision was
needed to change the implementing agency from the City of West Palm Beach to
the Criminal Justice Commission (CJC) for the Community Justice Service Center
for $400,000 for the period October 1, 2009, through September 30, 2010. SUMMARY:
The CJC met on May 11, 2009, and approved the recommendations made by the CJC
Finance Committee for FY 2010 funds totaling $2,471,582. The City of West Palm Beach was approved to
accept the $400,000 Grant for the West Palm Beach Community Justice Service
Center (CJSC). The grant application was approved by the Board of County
Commissioners on June 2, 2009 as Resolution R2009-0938, but has changed in the
interim period and must be brought back to the Board for appropriate
action. The City of West Palm Beach is
unable to assume responsibility for this grant at this time. We are requesting
this revision so that the CJC will continue to be the Implementing Agency for
this grant period. Four (4) grant funded positions (senior secretary,
court case advisor, community services supervisor, and clinical services
program specialist) are approved for the length of the grant and these
positions will be eliminated when grant funding is discontinued. No local
match is required for the JAG program. Countywide (DW)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends motion to approve and ratify: a Side Agreement amending Article 45, Attachment I-Palm Beach County Fire Rescue Drug Testing Article, to the Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Local No. 2928, IAFF, Inc. SUMMARY: Both parties are requesting a Side Agreement to the current Collective Bargaining Agreement (CBA), October 1, 2008, through September 30, 2011 (R2008-2254). This Side Agreement addresses changes to Attachment I-Palm Beach County Fire Rescue Drug Testing Article, Section G-Laboratories’ Procedures, developed jointly by Fire Rescue staff and Union Leadership, as follows: Item 4-Initial Test: the alcohol level to be reported as positive and reported for confirmation testing is being reduced from 0.08g% to 0.04g%. Item 5-Confirmation Test: the confirmation level to determine whether a specimen is positive for alcohol is being reduced from 0.08g% to 0.04g%. Countywide (SB)
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: the original
executed contract with the Legal Aid Society of Palm Beach County, Inc. to
provide legal services to the indigent citizens of Palm Beach County in the
areas of Family Law, Elder Law, Juvenile Advocacy, Education Advocacy, Public
Guardianship and Domestic Violence Victim Representation in the amount not to exceed
$1,040,297 from October 1, 2009, to September 30, 2010 as approved in the FY
2010 budget. SUMMARY: Resolution R2006-2132 authorizes the County
Administrator or his designee to execute contracts with Legal Aid Society of
Palm Beach County, Inc. that do not exceed the BCC approved budget for the
program. Of the total contract, $742,954 satisfies the County’s local
requirement, per Florida Statute 29.008. The Legal Aid Society of Palm Beach
County, Inc. has historically provided these services. This Contract will
ensure the seamless continuation of legal aid services to indigent citizens of
Palm Beach County. Countywide (GB)
2. Staff recommends
motion to:
A) approve an Agreement for Partial Payment (Agreement)
in the amount of $51,107 with United Way of Palm Beach County for the period of
October 1, 2009, through September 30, 2011, to assist in funding for a new Emergency
Management position in order to develop and coordinate the Division of
Emergency Management efforts and initiatives in the coordination of volunteers
and partnering agencies in Palm Beach County prior to and after a disaster
event;
B) authorize the County Administrator or his designee to
sign amendments and modifications to this Agreement on behalf of the Board of
County Commissioners; and
C) approve a Budget Amendment of $31,427 in the
Emergency Management Preparedness Assistance Grant Fund to establish FY 2010
budget.
SUMMARY: To further strengthen our emergency response plan prior to and after a
disaster, the County and United Way have partnered to establish a position to
develop a comprehensive plan to coordinate the response of volunteers and
partnering agencies and determine what recourses are available in preparation
of a pending disaster. This plan will encompass the identification of what resources
are available and the efficient utilization of those recourses in order to
avoid duplication of services. The plan will also redefine what role the United
Way will have in our Comprehensive Disaster Management Plan in the future
years. The Agreement reimburses the County 40% the first year ($31,427) and 25%
the second year ($19,680) for the salary and fringe benefits for this position
for two (2) years. The balance of the salary cost will be charged to a federal
grant and there will be no County matching funds required. Countywide (GB)
OCTOBER 20, 2009
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY (Cont’d)
3. Staff recommends
motion to:
A) approve acceptance of the Office of Justice Programs FY 2009
Family Drug Courts Program Grant (2009-DC-BX-0115) in the amount of $484,907
for the period of October 1, 2009, to September 30, 2012;
B) authorize the County Administrator or his designee to execute
all related documents and contracts related to this grant on behalf of the
Board of County Commissioners;
C) approve a Budget Amendment of $206,838 in the Family Drug Court
Grant Fund to establish FY 2010 grant budget; and
D) approve the addition of a grant funded Family Drug Court Coordinator position
pay grade (30) in the complement.
SUMMARY: The Division
of Justice Services, in conjunction with the Department of Children and
Families (DCF) Substance Abuse and Mental Health Office applied for and was
awarded a grant from the Office of Justice Programs in the amount of $484,907
to develop a Family Drug Court program.
The Family Drug Court, which will use the existing network of service
providers, will address substance abuse and other issues affecting the parents
and their children in new dependency petitions.
It will offer a comprehensive and systematic approach to the treatment
of substance abuse problems of parents while limiting the risk of physical and
emotional harm to children with the ultimate goal of family reunification. Over the three (3) years, grant funds will be
used to pay for a Family Drug Court Coordinator position ($183,547); training
expenses ($36,660); reimburse DCF in the development of the Service Internet
Referral Portal (SIRP), a web based service referral system ($50,000); enhance
the Justice Services Information System (JSIS) to link with SIRP ($10,000);
reimburse Drug Abuse Foundation to link with SIRP and JSIS ($10,000); psychological
assessments of participants ($67,500); random drug testing ($69,300); incentive
for participants ($36,000); program review and evaluation ($14,400); and office
supplies ($7,500). The grant funded position will be approved for the length of
the grant and will be eliminated when the grant funding is discontinued. The grant does not require any County cash
match; however an in-kind match of 25% is required which will be met by The
Center for Family Services, a partner agency. Countywide (GB)
* * * * * * * * * * * *
OCTOBER 20, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to approve: an Amendment to Palm Beach County Fire Rescue’s
Certificate of Public Convenience and Necessity (COPCN) to include the Village
of Palm Springs in their area of jurisdiction; enabling Palm Beach County Fire Rescue
to be the Primary Provider of Advanced Life Support Emergency Medical Services
and Transportation in the Village of Palm Springs for the period of October 1,
2009, to December 31, 2010. SUMMARY:
On August 27, 2009, the Village of Palm Springs entered into an Interlocal
Agreement for Fire Protection and Emergency Medical Services with Palm Beach
County Fire Rescue. The City of Palm Springs joined the Municipal Service
Taxing Unit for services commencing October 1, 2009. The secondary Emergency
Medical Services provider, Medics Ambulance Service, will provide Basic Life Support
transport. In order for Palm Beach
County Fire Rescue to assume this responsibility, their COPCN must be amended
to include the Village of Palm Springs in their jurisdiction. District 3
(DW)
B. Staff recommends
motion to approve: an Amendment to Palm Beach County Fire Rescue’s
Certificate of Public Convenience and Necessity (COPCN) to include the City of
Lake Worth in their area of jurisdiction; enabling Palm Beach County Fire Rescue
to be the Primary Provider of Advanced Life Support Emergency Medical Services
and Transportation in the City of Lake Worth for the period of October 1, 2009,
to December 31, 2010. SUMMARY: On
April 7, 2009, the City of Lake Worth entered into an Interlocal Agreement for
Fire Protection and Emergency Medical Services with Palm Beach County Fire
Rescue. The City of Lake Worth joined the Municipal
Service Taxing Unit for services commencing October 1, 2009. The secondary Emergency Medical Services
provider, Medics Ambulance Service, will provide Basic Life Support
transport. In order for Palm Beach
County Fire Rescue to assume this responsibility, their COPCN must be amended
to include the City of Lake Worth in their jurisdiction. Districts 3 & 7
(DW)
C. Staff recommends
motion to:
A)
adopt a Resolution
confirming the special assessment process for Navarre Road Paving and Drainage
Improvement (Project), Project No. 2006145;
B)
approve a Contract with H
& J Contracting, Inc. (Contractor) the lowest, responsive, responsible
bidder, in the amount of $128,226.47 for the Project; and
C)
approve a Budget Transfer
of $60,187 in the Municipal Services Taxing Unit (MSTU) Improvement Fund from
Reserves to the Project.
SUMMARY: Adoption of the Resolution provides for the
collection of $25 per abutting foot from the property owners, with the MSTU
Program matching the property owners’ assessment and the Office of Community
Revitalization funding the remainder of the Project. Assessments will be
payable in 20 equal annual installments. Approval of the construction contract
will authorize the Contractor to build the paving and drainage improvements for
Navarre Road. The Small
Business Enterprise (SBE) goal for the Project is 15%. The SBE participation
committed for the Project by the Contractor is 16.64% overall. District 2 (MRE)
OCTOBER 20, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
D. Staff
recommends motion to approve:
A) an Amendment to Palm Beach County Fire
Rescue’s Certificate of Public Convenience and Necessity (COPCN) to remove four
(4) geographical areas, that are currently covered by PBCFR Station No.11; and
B) transfer such services to Tequesta Fire
Rescue’s COPCN enabling Tequesta Fire Rescue to be the Primary Provider of
Advanced Life Support (ALS) Emergency Medical Services and Transportation in
the aforementioned four (4) geographical areas for the period of October 1,
2009, to December 31, 2010.
SUMMARY: On September 22, 2009, Palm Beach County
entered into a First Amendment to Emergency Services Agreement with the Village
of Tequesta. Effective October 1, 2009, the Village of Tequesta shall respond
as the Primary fire rescue and emergency medical services and transport
provider within four geographical areas as outlined: Area
1: Includes all parcels
south of the Village of Tequesta’s municipal border, east of Point Drive/Rio
Vista Drive along the Loxahatchee River, and back north along Rio Vista Drive
to the Tequesta border line. Area 2:
Includes all parcels not within the Village of Tequesta’s municipal boundary:
east of Country Club Drive, south to Tequesta Drive, east to the Loxahatchee
River, and back north to the Tequesta line. Area 3: Includes all parcels not within the Village of Tequesta’s
municipal boundary, east of the Loxahatchee River, south to the Tequesta line
(just north of N. Dover Road), east to the Tequesta line (just west of Gardens
Street), and back north to the Tequesta line. Area 4: All parcels within the City limits of Jupiter, south of the
Village of Tequesta’s boundary line, east to the FEC railroad tracks, south to
the Loxahatchee River, and back north along the Loxahatchee River to the
Tequesta Line. In order for Palm Beach County Fire Rescue to assume this
responsibility, their COPCN must be amended to exclude the four geographical
areas, and must be added to the Village of Tequesta’s COPCN. District 1
(DW)
OCTOBER 20, 2009
4. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
E. Staff
recommends motion to:
A) approve the filing of the Federal Transit
Administration (FTA) Grant Application Amendment for Public Transportation
Capital and Operating Assistance (FL-96-X026-01) funds allocated to Palm Beach
County under the American Recovery and Reinvestment Act (ARRA) of 2009;
B) authorize the Palm Tran Director or
Assistant Executive Director through the County Administrator to execute, on
behalf of the Board, and to transmit electronically the Board’s approval of the
ARRA grant award;
C) approve upward Budget Amendment of
$2,098,050 in the Palm Tran Grants Fund for FY 2009;
D) approve downward Budget Amendment of $2,098,050 in
the Public Building Improvement Fund for FY 2009; and
E) approve one (1) new full-time Bus Operator
position.
SUMMARY: Palm Beach County was allocated $21,235,245
under ARRA for capital expenditures only. On April 21, 2009 (R2009-0692), Palm
Tran presented to the Board the breakdown of capital projects to be funded with
ARRA funds and submitted a grant application to FTA for the projects that met
all federal conditions to obligate the funds, in order to fulfill FTA’s
requirement to obligate at least 50% of the funds by May 29, 2009. Palm Tran indicated that when all other
projects met the federal conditions, the ARRA grant would be amended to include
the remaining projects. On June 24, 2009, President
Obama signed the Supplemental Appropriations Act for 2009. This new law included a provision allowing up
to ten percent of the amount apportioned in the Recovery Act for the urbanized
(Section 5307) formula programs to be used for operating assistance. Palm
Tran is allocating $2,123,500 to operating assistance in FY 2010 for the cost
of salaries (salaries require Department of Labor approval). ARRA funding is budgeted in salaries for FY
2010. The ARRA funds have provided the
opportunity to allow ad valorem dollars to be placed into a reserve for Palm
Tran’s 2011 budget. This includes funding for the creation of one (1)
additional Bus Operator position for additional peak service on Route 44. This position is approved for the length of
the grant and will be eliminated when grant funding is discontinued. ARRA
operating assistance funding must be spent within a two (2) year timeframe, by
the end of County FY 2010.
Palm Tran, following approval of this item, will submit an
amendment to the FTA that includes the Operating Assistance; increases the
number of hybrid buses from 10 to 16, reduces the amount of diesel buses from
15 to 9 and increases the number of Motor Fans from 25 to 35. The funding for the City of West Palm Beach
Trolleys has been deleted, as the City secured other funding for that project. The funding for Park and Ride facilities has
been deleted and used for operating assistance. Palm Tran received allocations
for Park and Ride lots under Section 5309 and is pursuing additional funding
with the Florida Department of Transportation. ARRA capital projects are funded at 100% cost for the federal share, no
County funds are required. Countywide (DR)
* * * * * * * * * * * *
OCTOBER 20, 2009
5. REGULAR
AGENDA
A. COMMUNITY
SERVICES
1. Staff recommends
motion to:
A) receive
and file American Recovery and Reinvestment Act (ARRA) Cost-Of-Living
Adjustment (COLA) grant for the period of July 1, 2009, through June 30, 2010,
in the amount of $260,490;
B) receive
and file ARRA Quality Improvement (QI) grant for the period of July 1,
2009, through September 30, 2010, in the amount of $804,378;
C) approve
Budget Amendment of $1,064,868 in the Head Start Fund to establish ARRA grant
budget; and
D) approve
one (1) new grant funded position for one (1) year.
Summary: Funds have been
awarded as a result of the ARRA COLA and QI applications approved by the BCC
(R2009-0965) on June 16, 2009. Funding
from these grants will be used to pay for higher operating costs for grantee
and one (1) delegate agency as well as to increase salaries and fringe benefits
for three (3) delegate agencies (Florence Fuller, Hispanic Human Resources,
Inc, and the YWCA). One (1) School Bus Rider position Pay Grade 9, is also
being funded for a period of one (1) year. A Budget Amendment is needed to
establish the ARRA budget. The grant funded position is temporary and will be
eliminated effective September 30, 2010, unless other funding is secured. A
waiver has been requested for matching funds of $266,217 and the decision is
still pending with the grantor. (Head Start) Countywide (TKF)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement in the amount of $338,800, including
attorney’s fees and all reasonable expert fees and costs for Parcel 18 in the
eminent domain action styled Palm Beach County v. Michael Martin, et al.,
Case No. 502005CA006339XXXXMB, for the fee simple taking of five (5) acres of
vacant land in Indian Lake Estates. SUMMARY: The County has negotiated a settlement in
the amount of $338,800, including attorney’s fees and reasonable expert fees
and costs, subject to the approval of the Board of County Commissioners, for Parcel
18, which is five (5) acres of vacant land in the Indian Lake Estates
subdivision. The expert engineers and appraisers for the County and property
owner agreed that the land is buildable and suitable for residential use
subject to permitting. The experts for
both parties agree that the required permits can be obtained upon payment of
the necessary and related expenses. The
County previously deposited $190,000 as its initial good faith deposit and
estimate of value. In preparation for
trial the County’s appraisal was updated and the updated value of the subject
parcel was $225,000. The property
owner’s appraiser opined that the value of the subject property was
$430,000. The settlement in this case,
if approved, would compensate the property owners in the total amount of $290,000,
plus $33,000 in attorney’s fees and $15,800 for all reasonable expert fees and
costs. Therefore, payment of an additional $148,800 would constitute full and final
settlement of this case in its entirety, including all fees and costs. District
1 (PM)
OCTOBER 20, 2009
5. REGULAR
AGENDA
C. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: status report of the $5,000,000 funding
agreement with the City of Lake Worth for their Municipal Beach Redevelopment
Project. SUMMARY: The report
provides a brief history and current status of the County’s efforts to provide
funding assistance to the City of Lake Worth for improvements to the Lake Worth
Municipal Beach. The current funding agreement with Lake Worth for $5,000,000
from the 2002 Recreational and Cultural Facilities General Obligation Bond
expires October 16, 2009. The City is
now requesting a new agreement for a similar project that excludes the
commercial elements of this plan. The
County’s Economic Development staff is currently evaluating the opportunity to
utilize Historic Tax Credits (HTC) and New Market Tax Credits (NMTC) for the
commercial elements of the Lake Worth
Municipal Beach and Casino project. District 7 (AH)
* * * * * * * * * * * *
OCTOBER 20, 2009
6. BOARD
APPOINTMENTS
A. FACILITIES DEVELOPMENT AND OPERATIONS
(Public art
committee)
1. Staff recommends
motion to approve:
the appointment of Ignacio Javier Reyes to fill the vacant seat of a
Planning/Design Professional on the Public Art Committee for a three (3) year
term from October 20, 2009, to October 19, 2012. SUMMARY: Palm Beach County Resolution No. 2008-0864
established that two (2) seats on the Public Art Committee be filled by
Planning/Design Professionals. Since the inception of this Committee,
recommendations for membership have been made by Committee for BCC approval.
(FDO Admin) Countywide (MJ)
B. PLANNING, ZONING & BUILDING
(Building Code Advisory Board)
1. Staff recommends
motion to approve:
re-appointment of the following individual to the Building Code Advisory Board
(BCAB), for the term indicated below:
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)
C. PUBLIC SAFETY
(Animal Care & Control Professional Committee)
1. Staff recommends
motion to approve: appointment of two (2) persons to fill two (2)
at-large positions on the Animal Care & Control Professional Committee to
serve a two (2) year term from October 20, 2009, to October 19, 2011:
Nominee Nominated
By:
Linda Gore
(Reappointment) Comm.
Koons
Sue
Drawdy (New Appointment) Comm. Koons
SUMMARY: Resolution No. R2005-1609, as amended August 16, 2005 restructured the
membership and created the Animal Care & Control Professional Committee.
The committee is comprised of representatives for the following agencies: Palm
Beach County Veterinary Society; United States Department of Agriculture; Palm
Beach County Sheriff’s Office; Fish and Wildlife Conservation Committee; and
the Palm Beach County Health Department. There are also two (2) “At-Large”
positions. A memo dated May 6, 2009 was distributed to the Board requesting
nominations for the above. Countywide (SF)
OCTOBER 20, 2009
6. BOARD
APPOINTMENTS
D. FIRE RESCUE
(Fire Code
Board of Appeals and
Adjustments)
1. Staff recommends motion to approve: appointment of one (1) member to the Fire Code Board of Appeals and Adjustments to complete the unexpired term of Lorraine Kasper through May 17, 2010:
Appointment Seat No. Requirement Recommended By
Kerry B. Koen 9 Citizen Commissioner Abrams
SUMMARY: The Fire Code Board of
Appeals and Adjustments is maintained in accordance with the Palm Beach County
Local Amendments to the Florida Fire Prevention Code (Ordinance 2008-045).
Lorraine Kasper has held the Citizen position on this Board since 1991. She resigned from the Board on June 26,
2009. On July 1, 2009, a memo was distributed to the
Commissioners requesting a nomination to fill the vacant position on this nine
(9)-member Board (At-Large). This Board
is appointed by the Board of County Commissioners and members serve three (3)
year terms, with no limit on the number of terms an individual may serve. Commissioner Abrams nominated Kerry Koen, who
is a retired Fire Chief from Boca Raton.
No other nominations were received. Countywide (SB)
E. ENVIRONMENTAL RESOURCES MANAGEMENT
(Natural Areas Management Advisory
Committee)
1. Staff recommends motion to approve: the following individuals to the Natural Areas Management Advisory Committee (NAMAC) for a term of three (3) years beginning November 1, 2009, through October 31, 2012. Staff received nominations for:
Reappoint Representing Seat No Nominated by
Steve Bass Professional Educator 3 Comm. Abrams
Comm. Koons
Comm. Marcus
Reappoint
Dennis Eshleman Parks and Recreation 5 Comm. Abrams
Comm. Koons
Comm. Marcus
Comm. Vana
Comm. Aaronson
AND EITHER
Reappoint
Herbert Zebuth Citizen 6 Comm. Koons
Comm. Marcus
OR
Appoint
Evelyn Parkes-Brier Citizen 6 Comm. Taylor
SUMMARY: On February 24, 2009, the Board of County Commissioners (BCC) adopted Resolution No. 2009-0319 which established NAMAC with seven (7) at-large members. The composition of the Committee shall be as follows: one (1) member with experience in the management of natural areas, one (1) biological scientist, one (1) professional educator with knowledge of South Florida ecosystems, one (1) representative of a local municipal government public recreation program, one (1) member of the Palm Beach County Parks and Recreation Department staff, two (2) citizens having an interest in preservation and conservation of natural areas. A memorandum from Environmental Resources Management (ERM) was sent to the BCC on May 29, 2009 requesting nominations for Seats 3, 5 and 6. Seat 6 has two (2) nominations. Countywide (SF)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 20, 2009
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 20, 2009
8. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
October 20, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
OCTOBER 20, 2009
PAGE ITEM
25 3Q-1 REVISED SUMMARY: Palm Beach County has received a direct
award of $249,942 under the Justice and Mental Health Collaboration Program
for enhanced Crisis Intervention Team training, which shall include juvenile
justice correctional officers and a pilot project for intensive case management
for treatment-resistant non-violent persons. Programs will be administered the
following proposal: the Criminal Justice Commission jointly by the
Criminal Justice Commission and with the Oakwood Center of the Palm
Beaches Inc. for $249,942 for the Justice and Mental Health Collaboration Program by the Bureau of Justice Assistance. A mMatch is
required in the total amount of $84,085 is required over 30 months
and will be provided from a combination of in-kind services, as well as cash
contributions from the Crime Prevention Fund and the Drug Abuse Trust Fund.
Countywide (DW) (CJC)
31 5B-1* DELETED:
Staff recommends motion to approve: a Settlement in the amount of $338,800, including attorney’s fees and
all reasonable expert fees and costs for Parcel 18 in the eminent domain action
styled Palm Beach County v. Michael Martin, et al., Case No.
502005CA006339XXXXMB, for the fee simple taking of five (5) acres of vacant
land in Indian Lake Estates. (County Attorney) (Further staff review)
32 5D-1 ADD-ON:
Staff recommends motion to
receive and file: a status report on the West Palm Beach Transit Oriented
Development (TOD) and the development of the Request for Proposal (RFP) for the
disposition of the County’s Wedge Property. SUMMARY: On March 17, 2009,
the Board directed Staff to expedite the development of an RFP for the
disposition of the Wedge Property with the West Palm Beach TOD. At the same meeting, the Board requested that
Staff ensure that the development of the Wedge, prior to development of the
large TOD, would not unduly compromise the development potential of the
remainder of the TOD. Since that time,
the Florida Department of Transportation with input from the County, City of
West Palm Beach and West Palm Beach Community Redevelopment Agency developed a
computerized traffic model which would provide the flexibility to analyze
various scenarios for development of the TOD, and allow for adjustment based
upon different potential development and intensity patterns. The model is in the final re-validating stage
and should be completed on October 23, 2009.
Assuming that the results of a run of the final model indicates that
there is sufficient capacity to support the assumed intensity of the
development at full build-out, the RFP should be advertised on December 6, 2009
and December 13, 2009. (FDO Admin) Countywide
(HJF) (FDO)
32 5E-1 ADD-ON:
Staff recommends motion to adopt: a Resolution of the Board of County Commissioners
(BCC) of Palm Beach County recognizing the need for affordable housing and the
importance of financially supporting the preservation, redevelopment and
creation of affordable housing. SUMMARY: On August 18,
2009, the BCC directed staff to bring back a resolution to support the
preservation, redevelopment and creation of affordable housing. The Board
discussed allocating road impact fee interest of $1,037,000 in Zone 1 to
support road impact fee assistance for eligible affordable housing development
within that zone. This interest will be accumulated through FY 2010 and
available for allocation in FY 2011. During the FY 2011 budget process, the BCC
will provide direction regarding the percentage of interest earned on the
various impact fee accounts that maybe allocated for impact fee assistance
within the appropriate zones for eligible affordable housing development. Upon
approval of this Resolution and direction regarding percentage of interest to
be allocated for affordable housing, staff will develop the appropriate
policies and procedures to govern this new program. Countywide (LB) (Admin)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).