BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
NOVEMBER 15, 2011
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
D. Election
of Chair
E. Election
of Vice Chair
F. Comments
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 33)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 34 -
35)
5. REGULAR
AGENDA (Pages 36 - 39)
6. BOARD
APPOINTMENTS (Pages 40 - 42)
7. STAFF
COMMENTS (Page 43)
8. COMMISSIONER
COMMENTS (Page 44)
9. ADJOURNMENT (Page 44)
* * * * * * * * * * *
NOVEMBER 15, 2011
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resident
Education to Action Program Agreements
Page 8
3A-2 Memorandum of Agreement with Treasure Coast
Regional Planning Council relative to the Brownfields Assessment Coalition
3A-3 Receive
and file Agreements related to the Oxygen Development Section 108 Loan
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Task Agreement with Civil Design, Inc. for
engineering services related to Fargo Avenue, Pancho Way, El Paso Drive and a portion
of Pinto Drive project
Page 10
3C-2 Change Order No. 1 with Rosso Paving &
Drainage, Inc. related to Lyons Road (West Atlantic Ave to Boynton Beach Blvd)
project
3C-3 Deleted
3C-4 Agreement with E.C. Driver & Associates,
Inc. for professional services related to Ocean Avenue Bridge project
3C-5 Amendment
No. 1 with FDOT related to Blue Heron Blvd at Congress Avenue project
3C-6 Resolution
delegating signature authority for construction agreements with FDOT
D. COUNTY ATTORNEY
Page 11
3D-1 Agreements with JLA Geosciences, Inc. and
Kimley-Horn and Associates, Inc. for consulting/professional services relating
to wells and water treatment plant serving the Glades area
E. COMMUNITY SERVICES
Page 11
3E-1 Standard Agreement with Area Agency on Aging
for the Emergency Home Energy Assistance for the Elderly Program
Page 12
3E-2 Amendments to agreements with the Area
Agency on Aging for Community Care for the Elderly, Home Care for the Elderly,
and Alzheimer’s Disease Initiative programs
Page 13
3E-3 Grant award, amendments and contracts
related to the funding and services under the Ryan White Program
Page 14
3E-4 Agreements with Children’s Services Council
for match funding related to the Early Head Start and Head Start programs
3E-5 Applications
and contracts associated with the Supportive Housing Program
Page 15
3E-6 Twenty-two
agreements associated with the Financially Assisted Agencies Program
F. AIRPORTS
Page 16
3F-1 Change
Order No. 3 with David Brooks Enterprises, Inc. related to the terminal
flooring improvements at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Misc. Budget Amendments and Transfers related
to the FY 2011 Budget
NOVEMBER 15, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Deleted
3H-2 Deleted
3H-3 Deleted
3H-4 Deleted
3H-5 Deleted
3H-6 Deleted
3H-7 Assignment and Assumption Agreement with
Intellitech Corporation for professional services related to the Inmate
Management System
3H-8 Contract with Sun Art Painting Corporation
for the South Region Water Reclamation Facility painting project
Page 19
3H-9 License Agreement for Use of Equipment with
Kettle Comfort, Inc. for commercial kitchen equipment
3H-10 West Boynton District Park “B” Replat 1 The Springs P.U.D. plat
Page 20
3H-11 Drainage and Access easements in favor of the American Orchid
Society, Inc.
3H-12 Lease Agreement with Floral Acres, LLC to lease
approx. 20 acres in the Ag Reserve (nursery use)
3H-13 Utility Easement Agreement in favor of FPL relative to Central
Detention Center project
Page 21
3H-14 Deleted
3H-15 Cross Access and Temporary Construction
easements relative to driveway improvements at West Jupiter Community Park
I. HOUSING & COMMUNITY DEVELOPMENT
Page 22
3I-1 Amendment
No. 1 with City of Pahokee regarding Pahokee High School gym renovations
3I-2 Receive and file three (3) Modifications to
grant agreements for Community Development Block Grant, and the 2005 and 2008
Disaster Recovery Initiative programs
Page 23
3I-3 Receive and file agreements and amendments
associated with Community Development Block, Disaster Recovery Initiative, and
Neighborhood Stabilization programs
3I-4 One
(1) additional position under Neighborhood Stabilization Program 2 grant
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 24
3K-1 Receive
and file two (2) Indemnification Agreements for Water Utilities Department
3K-2 Work Authorization No. 9 with Johnson-Davis,
Inc. for the Watergate Mobile Home Park water main replacement project
3K-3 Contract with Aquifer Maintenance and
Performance Management, Inc. for Systemwide Wellfield Rehabilitation and
Maintenance project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Resolutions
for the Florida Department of Environmental Protection relative to funding the
Petroleum Storage Tank Compliance Verification and Petroleum Contamination
Cleanup programs
M. PARKS & RECREATION
Page 25
3M-1 Receive
and file three (3) independent contractor agreements for Parks & Recreation
Department
N. LIBRARY
Page 26
3N-1 Cooperative
Agreement with Literacy*AmeriCorps for full-time Literacy*AmeriCorps member
NOVEMBER 15, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 26
3Q-1 Second Chance Act Grant award from Department
of Justice regarding plan to reduce juvenile recidivism
3Q-2 Ratify signature on Department of Justice
Contract Amendment related to juvenile home detention monitoring services
Page 27
3Q-3 Second
Amendment with Florida Atlantic University relative to Restorative Justice
project
R. HUMAN RESOURCES
Page 27
3R-1 2011-2012
Affirmation Action Plan
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 27
3U-1 First Amendment with Jewish Federation of
Palm Beach County, Inc. regarding connection to County’s regional network
Page 28
3U-2 Supplemental
agreements with Florida LambdaRail for additional FLRNet capacity
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 28
3X-1 Emergency Medical Services Grant Second
Award Letter from Florida Department of Health, Bureau of Emergency Medical
Services to improve and expand EMS system
Page 29
3X-2 Fourth Amendment with City of Miramar for
Urban Area Security Initiative funding for terrorism planning activities
3X-3 Fourth Amendment with City of Miramar for
Urban Area Security Initiative supplemental funding for terrorism planning
activities
3X-4 Standard
Agreements and delegation of signature authority related to distribution of
Emergency Medical Services equipment
Page 30
3X-5 Receive and file amendments with City of
Miramar for Urban Area Security Initiative for terrorism planning activities
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 30
3AA-1 Budget amendments and transfer related to
Transportation Disadvantaged Grant award
BB. SHERIFF’S OFFICE
Page 31
3BB-1 Agreement with City of Miramar for Urban Area
Security Initiative funding for Regional Virtual Fusion Center
3BB-2 Agreement with City of Miramar for Urban Area
Security Initiative funding for domestic security activities
NOVEMBER 15, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB. SHERIFF’S OFFICE (Cont’d)
Page 32
3BB-3 Budget
Transfer in Law Enforcement Trust Fund to various drug and crime prevention and
education programs
CC.
OFFICE OF THE INSPECTOR GENERAL
Page 32
3CC-1 Interlocal Agreement with Health Care District for
Inspector General services
Page 33
3CC-2 Interlocal Agreement with Children’s Services Council for
Inspector General services
DD.
WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELPMENT AGENCY
Page 33
3DD-1 Federally Funded Subgrant Agreement
with Florida Division of Emergency Management for canal improvements
EE.
TOURIST DEVELOPMENT COUNCIL
Page 33
3EE-1 Agreement with Palm Beach County Cultural
Council for administration of cultural grant program
PUBLIC HEARINGS – 9:30 A.M.
Page 34
4A Resolution to abandon 30’ right-of-way in
Palm Beach Farms Co. Plat No. 3
4B Five Year Road Program
4C Waive annual renewal application
requirement (restricted use property classification)
Page 35
4D Vehicle for Hire (Moratorium) Ordinance
4E Uniform
method of collecting non-ad valorem assessments relative to lot clearing and
abating nuisances
4F Sexual Offenders and Sexual Predator
Residence Prohibition Ordinance
4G Public Service Tax Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 36
5A-1 Offer of Commitment from U.S. Department of
Housing and Urban Development for Section 108 Loan
COUNTY ATTORNEY
Page 36
5B-1 Bond Resolution for Industrial Development
Revenue Bonds (Classical South Florida, Inc. project)
FIRE RESCUE
Page 37
5C-1 Second Amendment for Fire Protection and
Emergency Medical Services with City of Lake Worth
PALM TRAN
Page 37
5D-1 Palm
Tran Ten-Year Transit Development Plan
NOVEMBER 15, 2011
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
OFFICE
OF THE INSPECTOR GENERAL
Page 38
5E-1 Addition
of six (6) positions
FACILITIES
DEVELOPMENT & OPERATIONS
Page 38
5F-1 Agreement
for Purchase and Sale relative to acquisition of 1.09 acres adjacent to DuBois
Park
PLANNING,
ZONING & BUILDING
Page 39
5G-1 Agreements with Tax Collector, Property
Appraiser and Information System Services related to collecting non-ad valorem
assessments for lot clearing, abatement of nuisances, and safety programs
BOARD
APPOINTMENTS (Pages 40 - 42)
STAFF
COMMENTS (Page 43)
COMMISSIONER
COMMENTS (Page 44)
ADJOURNMENT (Page 44)
NOVEMBER 15, 2011
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to approve:
A) an Agreement with Neighbors Helping Neighbors Project, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
B) an Agreement with Residents of Lake Osborne Heights, Inc. in an
amount not-to-exceed $2,200 for expenses related to the Community Improvement
Project;
C) an Agreement with Genesis Neighborhood Association, Inc., in an amount not-to-exceed $1,260 for expenses related to the Community Improvement Project;
D) an Agreement with Cabana Colony Residents League, Inc., in an amount not-to-exceed $1,920 for expenses related to the Community Center Project;
E) an Agreement with Challenge To Change, Inc. in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
F) an Agreement with Dhails Community Enhancement Services, Inc. in an amount not-to-exceed $2,000 for expenses related to the Community Center Project;
G) an Agreement with Paint Your Heart Out Palm Beach County, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Beautification Project;
H) an Agreement with Building Bridges United Outreach, Inc. in an amount not-to-exceed $1,700 for expenses related to the Community Outreach Project;
I) an Agreement with Building Bridges Unity Outreach, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Improvement Project;
J) an Agreement with Pahokee Development Corporation, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Outreach Project;
K) an Agreement with Belle Glade Housing Authority, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Recreation Project;
L) an Agreement with City of Pahokee in an amount not-to-exceed $2,500 for expenses related to the Community Improvement Project;
M) an Agreement with Glades Initiative, Inc. in an amount not-to-exceed $2,500 for expenses related to the Community Outreach Project;
N) an Agreement with The First Tee of the Glades, Inc. in an amount not-to-exceed $2,000 for expenses related to the Community Outreach Project;
O) an Agreement with Anteria Burgess in an amount not-to-exceed $500 for expenses related to the Community Outreach Project; and
P) an Agreement with Housing Partnership, Inc. in an amount not-to-exceed $1,000 for expenses related to the Community Outreach Project.
SUMMARY: The Resident Education to Action Program (REAP) is a five (5) week, hands-on educational course on community revitalization and civic leadership development for residents and neighborhood organizations that are seeking to improve the quality of life within their communities. Remaining funds from REAP Fiscal Year 2010-2011 were carried forward to implement projects for REAP Fiscal Year 2011-2012. The Agreements being submitted represent the REAP projects selected by the Office of Community Revitalization Director to receive grant funding. Countywide (AH)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to approve: a Memorandum of Agreement (MOA) with the
Treasure Coast Regional Planning Council (TCRPC) establishing a working
partnership for the Brownfields Assessment Coalition. Summary: The TCRPC submitted a Coalition Assessment
Grant application to the U.S. Environmental Protection Agency (EPA) on October
15, 2010 as the “lead” eligible entity on behalf of the Brownfields Assessment
Coalition. The Coalition is comprised of
the TCRPC, Palm Beach County, and the Cities of West Palm Beach and Fort
Pierce. Through collaboration with the coalition members, the TCRPC’s
application resulted in the region receiving a $1,000,000 Brownfields grant for
the period of October 1, 2011 through September 30, 2014. The grant is to be
used predominantly for site assessments targeted in areas which have a vision
for the reuse and redevelopment of brownfields and the capability to achieve
that vision. As a Coalition member, Palm
Beach County has a mutual interest in continuing its collaboration and being
part of the Treasure Coast Brownfields Redevelopment Coalition to support
environmental assessment activities in connection with the grant award. This MOA
will show Palm Beach County’s support for environmental assessment activities
in connection with the grant award, which serve as catalysts for economic
redevelopment projects contributing to the County’s sustainability. The MOA
also documents the Coalition’s site selection process, which the EPA requires
to be in place prior to the expenditure of any funds that have been awarded to
the Coalition. There is no local match required. Countywide (DW)
3. Staff recommends motion to receive and file: executed Agreements with Oxygen Development, LLC for a Section 108 Loan in the amount of $5,948,000:
A) U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program Variable/Fixed Rate Note B-08-UC-12-0004 in the amount of $5,948,000;
B) Request for Advance dated October 13, 2010, from Palm Beach County to HUD for a Section 108 Loan in the amount of $5,948,000, under Loan Commitment No. B-08-UC-12-0004;
C) Letter of Opinion from County’s Counsel to Secretary of U.S. Department of HUD dated October 21, 2010;
D) Letter of Opinion from Borrower’s Counsel to Palm Beach County and County’s Counsel dated October 6, 2010;
E) Loan Commitment letter from Palm Beach County to Oxygen Development, LLC dated September 28, 2010, for a $5,948,000.00 Section 108 Loan;
F) Palm Beach County Section 108 Promissory Note dated October 6, 2010, in the amount of $5,948,000;
G) Section 108 Loan Program Agreement dated October 6, 2010, to grant financing with a Section 108 Loan in the amount of $5,948,000;
H) Loan and Security Agreement dated October 6, 2010, in the principal amount of $5,948,000;
I) Mortgage and Security Agreement dated October 6, 2010, and recorded with Palm Beach County Clerk and Comptroller on February 2, 2011, for a maximum principal indebtedness not to exceed $750,000;
J) Security Agreement dated October 6, 2010, for a maximum principal indebtedness not to exceed $5,948,000;
K) Guaranty Agreement for Palm Beach County to make a loan in the total principal amount of $5,948,000 dated October 6, 2010;
L) Further Assurances dated October 6, 2010, to execute other documents and assurances, and correct errors or omissions in connection with the $5,948,000 Section 108 Loan;
M) State of Florida Uniform Commercial Code Financing Statement Form recorded with the Palm Beach County Clerk & Comptroller on February 16, 2011;
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. MOTION/TITLE CONTINUED
N) State of Florida Uniform Commercial Code Financing Statement Form filed with State of Florida on February 11, 2011;
O) Mortgage Title Insurance Policy No. FL6506-46-3294983-2011.7210709-83025756 for $750,000 in favor of Palm Beach County, issued by Chicago Title Insurance Company through American Land Title Association Loan Policy, effective February 2, 2011; and
P) Life Insurance Policy No. YME1118509 of Philippe A Cohen assigned to Palm Beach County, issued by American General Life Companies through American General Life Insurance Company, dated October 25, 2010.
SUMMARY: In accordance with the 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 above Agreements have been executed on behalf of the Board of County Commissioners (Board) by the County Administrator or his designee in accordance with Resolution R2009-0725, and are now being submitted to the Board to receive and file. District 2 (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings: None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Task Agreement for $8,039.36 under the Annual Civil Engineering Agreement approved by Resolution Number R2010-0576, with Civil Design, Inc. for engineering services that include evaluation of alternative design and construction scenarios for Fargo Avenue, Pancho Way, El Paso Drive and the easterly portion of Pinto Drive (Project), Project No. 2008134; and
B) a Budget Transfer of $9,040 in the Unincorporated Improvement Fund from Reserves to Fargo Avenue from El Paso Drive to Arrowhead Drive.
SUMMARY: Approval of
the Task Agreement will provide preliminary engineering services that include
evaluation of alternative design and construction scenarios for the Project.
Approval of the Budget Transfer will provide funds for these services. The
Project will include Fargo Avenue from El Paso Drive to Arrowhead Drive, El
Paso Drive from Blanchette Trail to Pancho Way, Pinto Drive from 900 feet west
of Pancho Way to Pancho Way and all of Pancho Way. District
6 (MRE)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: Change Order No. 1 in the amount of $185,602.13 and
a 45 day time extension to Contract No. R2011-0347 with Rosso Paving &
Drainage, Inc., for the Lyons Road from north of West Atlantic Avenue to south
of Boynton Beach Boulevard contract (Project).
SUMMARY: Approval of Change Order No. 1 will compensate
for additional costs and time delays associated with the errors in the data
collected by the Palm Beach County’s consultant engineers/surveyors for the
proposed Project as per Attachment 3 of the Agenda Item. Errors and omissions
against the consultant will be considered at the end of the construction. Had the
survey error not been made, we would have expected the contract bid amount to
be higher, since fill material would have been required. A large number of items included in the
Change Order are already in the contract-thus the prices did not have to be
negotiated, and we will be adjusting the quantities to reflect the actual
usage. District 5 (MRE)
3. DELETED
4. Staff recommends motion to approve: an Agreement in the amount of $2,546,912.13 with E.C. Driver & Associates, Inc. (ECD), for professional services necessary for the Ocean Avenue Bridge construction phase. SUMMARY: Approval of this Agreement will provide the construction engineering and inspection services required for the construction of the Ocean Avenue Bridge over the Intracoastal Waterway. ECD is a Palm Beach County Company. District 4 (MRE)
5. Staff recommends motion to:
A) adopt a Resolution approving Amendment Number One to the Local Agency Program (LAP) Agreement (LAP Agreement) R2010-0701 with the State of Florida Department of Transportation (FDOT) to adjust the 100% State grant funds for the construction of Blue Heron Boulevard at Congress Avenue (Project), add the E-Verify language to the LAP Agreement and extend the expiration date to June 30, 2012; and
B) approve a downward Budget Amendment of $3,395,956 in the Road Impact Fee Fund – Zone 1 to reduce the LAP funding from FDOT for the Project to match the actual bid price.
SUMMARY: Adoption of this Resolution to approve Amendment Number One will adjust the grant funds for construction of the Project, will add the E-Verify language to the LAP Agreement, and extend the expiration date to June 30, 2012. Approval of the Budget Amendment will reduce the grant amount by $3,395,956. The funding will be reallocated within the existing FDOT work program. District 7 (MRE)
6. Staff recommends motion to rescind: Resolution R2011-0277 and adopt a Resolution to authorize the County Administrator and/or his designees to execute construction agreements with the Florida Department of Transportation (FDOT). SUMMARY: Resolution No. 2011-0277 authorized the County Administrator and/or his designees to execute construction agreements with FDOT. FDOT has now issued a revised form of agreement. Rescinding Resolution R2011-0277 and adopting a new resolution will allow the use of an updated form of agreement, and allow the County Administrator and/or his designees to continue to execute these construction agreements on behalf of Palm Beach County. Countywide (MRE)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to:
A) approve
an Agreement with JLA Geosciences, Inc., for consulting and professional
services; and
B) approve
an Agreement with Kimley-Horn and Associates, Inc., for consulting and
professional services.
SUMMARY: The Water Utilities Department has requested that the Palm Beach County Attorney’s Office conduct a review of potential litigation issues relating to the design and construction of the wells and water treatment plant serving the Glades area. Geo-technical and engineering assistance is required to complete the County Attorney Office’s review. The proposed agreements will authorize consulting and professional services, with a not-to-exceed amount of $49,500 for geo-technical consultants, JLA Geosciences, Inc., and a not-to-exceed amount of $100,000, for engineering consultants, Kimley-Horn and Associates, Inc. The fees will be paid for by the Water Utilities Department. Countywide (ATP)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Standard
Agreement No. IP011-9500 for Emergency Home Energy Assistance for the Elderly Program
(EHEAP) with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for
the period September 1, 2011, through March 31, 2012, in an amount not to
exceed $14,743; and
B) Budget
Amendment of $5,727 in the DOSS Administration Fund to reconcile the grant
budget.
Summary: EHEAP
is a home energy assistance program for seniors. DOSS, as a AAA Lead Agency, serves eligible
low-income households who meet 150% of the federal poverty guidelines, have at
least one (1) person age 60 years or older and are experiencing a home energy
emergency. Benefits include emergency
assistance to prevent disconnection of utility services. This agreement allows the County to receive $14,743
for outreach & administration and to refer eligible clients for crisis
benefits directly paid by AAA, in the amount of $182,689. Jaime Estremera-Fitzgerald of the AAA serves
on a County Advisory Board, the Criminal Justice, Mental Health & Substance
Abuse Planning Council. The Board provides no regulation, oversight,
management, or policy-setting recommendations regarding the AAA contract.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. In the area
south of Hypoluxo Road, The Volen Center, Inc. provides services under a
similar AAA grant. (DOSS) Countywide except for portions of Districts 3, 4,
5, and 7 south of Hypoluxo Road (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
2. Staff recommends
motion to:
A) receive
and file Amendment No. 006 to Contract Renewal No. IC010-9500 (R2010-1229)
for Community Care for the Elderly (CCE) with Area Agency on Aging (AAA) of
Palm Beach/Treasure Coast, Inc., for the period July 1, 2010, to June 30, 2011,
to increase the total funding by $7,154.46 and to revise Attachment II,
Community Care for the Elderly Agreement Budget Summary;
B) receive
and file Amendment No. 006 to Contract Renewal No. IH010-9500 (R2010-1227)
for Home Care for the Elderly (HCE) with AAA, for the period July 1, 2010, to
June 30, 2011, to increase the
total funding by $6,584.46 and to revise Attachment II, Home Care for the
Elderly Agreement Budget Summary; and
C) receive
and file Amendment No. 004 to Contract Renewal No. IZ010-9500 (R2010-1231)
for Alzheimer’s Disease Initiative (ADI) with AAA, for the period July 1, 2010,
to June 30, 2011, to increase the total funding by $5,259.42 and to revise
Attachment II, Alzheimer’s Disease Initiative Program Agreement Budget Summary.
Summary: These receive and file items are being
submitted in accordance with Countywide PPM No. CW-0-051 to allow the Clerk’s Office
to note and receive the executed agreement.
Amendments were executed by the
County Administrator in accordance with Resolution R2010-1942, which delegated
authority to the County Administrator, or his designee, to sign documents
related to DOSS/AAA grant amendments. Jaime
Estremera-Fitzgerald of the AAA serves on a County Advisory Board, the Criminal
Justice, Mental Health & Substance Abuse Planning Council. The Board provides no regulation, oversight,
management, or policy-setting recommendations regarding the AAA contract.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. In the area
south of Hypoluxo Road, The Volen Center, Inc. provides services under a
similar AAA grant. (DOSS) Countywide
except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
3. Staff recommends
motion to:
A) receive and file Grant Award Letter from Department of
Health & Human Services, for the period of March 1, 2011, through February
29, 2012, for the balance of the grant award totaling $8,781,650;
B) approve one (1) Amendment No. 1 to the Ryan White Part A HIV Health
Support Services Contract (MAI) to Comprehensive AIDS Program, Inc.
(R2011-0479) increasing the contract amount by $314,115 for a new not to exceed
total of $577,235;
C) approve Amendment No. 3 to the Ryan
White Part A HIV Health Support Services Contract (Formula) Amendment No. 3 to
Comprehensive AIDS Program, Inc. (R2011-0468) increasing the contract amount by
$69,257 for a new not to exceed total of $1,308,293; and
D) approve contracts with listed
provider agencies for the period March 1, 2011, through February 29, 2012
totaling $1,357,873 for Ryan White Part A Treatment Extension Act of 2009 HIV
Health Support Services funds (Supplemental):
|
1) Compass, Inc. |
$181,899 |
|
2) Comprehensive AIDS Program, Inc. |
$530,000 |
|
3) Comprehensive Community Care Network, Inc. |
$
47,000 |
|
4)
Legal Aid Society of Palm Beach County, Inc. |
$
90,879 |
|
5) Minority Development and Empowerment, Inc. |
$
41,942 |
|
6) Palm Beach County Health Department |
$466,153 |
|
|
Total $1,357,873 |
Summary: A
second award has been received from the Department of Health and Human Services
Health Resources and Services Administration (HRSA), which includes a total of $8,781,650
(Formula $6,505,052, Supplemental $1,597,498, and MAI $679,100). The original
Notice of Grant Award from HRSA was received on February 16, 2011. The grant award is being received in multiple
disbursements this year. The two (2) amendments as well as the six (6) Supplemental
contracts listed represent part of the balance of the total funding. Employees
Nicole Leidesdorf of Compass, Inc., Kimberly Rommel-Enright and Vicki Tucci of
Legal Aid Society of Palm Beach County, Inc., and Marlinda Jefferson of
Minority Development and Empowerment, Inc. serve on a County Advisory Board,
the HIV CARE Council. Employee Mickale
Linton of Legal Aid Society of Palm Beach County, Inc. serves on a County
Advisory Board, the Head Start-Early Head Start Policy Council. These boards provide
no regulation, oversight, management, or policy-setting recommendations
regarding the agency contracts listed above.
Disclosure of these contractual relationships at a duly noticed public
meeting is being provided in accordance with the provisions of Sect. 2-443, of
the Palm Beach County Code of Ethics. No County funds are required. (Ryan
White) Countywide (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
4. Staff recommends
motion to approve:
Agreements with Children’s Services Council of Palm Beach County, for the
period of October 1, 2011, through September 30, 2012, for the following
amounts:
A) $157,413
for Early Head Start services; and
B) $297,551
for Head Start services.
Summary: These Agreements will allow County
to receive funding from Children’s Services Council up to $157,413 as part of
the 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 three to five year old children and
their families. Services include comprehensive
health, education, parental involvement, nutritional, social and other
services. (Head Start) Countywide
(TKF)
5. Staff recommends
motion to:
A)
ratify the signature of the Chair on:
1) the U.S. Department of Housing and
Urban Development (HUD) renewal application for the Supportive Housing Program,
for the period of January 1, 2013, through December 31, 2013, in the amount of
$ 533,398; and
2) the U.S. Department of Housing and Urban
Development (HUD) Shelter Plus Care renewal application, for the period of May
23, 2012, through May 22, 2013, in the amount of $424,704;
B) delegate authority to the County Administrator, or
his designee to sign the U.S. Department of Housing and Urban Development (HUD)
Supportive Housing Program and Shelter Plus Care grant agreements;
C) delegate authority to the County Administrator, or
his designee to sign the contracts for the HUD Supportive Housing Program with
Gulfstream Goodwill Industries, Inc., Jerome Golden Center for Behavioral
Health, Inc., and Comprehensive Alcoholism Rehabilitation Program, Inc. (CARP,
Inc.), for no more than a one-year period to end December 31, 2013, for the
maximum cumulative amount of $533,398; and
D) delegate authority to the County Administrator, or his designee to sign the
contract for the HUD Shelter Plus Care Program with Jerome Golden Center for
Behavioral Health, Inc., for no more than a one (1) year period to end May 22,
2013, for the final amount approved in the 2011 HUD Shelter Plus Care grant
agreement.
Summary: The Supportive
Housing Program (SHP) will continue funding 30 transitional housing beds and
supportive services, including specialized Case Management for the Homeless
Outreach Teams (HOT). A cash match of $91,240 is required (20% Supportive
Services-$46,940 and 25% Operating-$44,300). This match will be budgeted in the
FY 2013 budget process. The Shelter Plus Care (S+C) Renewal Grant provides
sponsor based rental assistance for 32 disabled individuals. There is no cash
match requirement for this grant, but an in-kind match is provided by the
partner agency, Jerome Golden Center for Behavioral Health, Inc., in the form
of supportive services. Thomas McKissack of the Jerome Golden Center for
Behavioral Health, Inc., serves on a County Advisory Board: the Palm Beach
County HIV Care Council. This Board provides no regulation, oversight,
management, or policy-setting recommendations regarding the Jerome Golden contract.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. (Human Services) Countywide (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
6. Staff recommends
motion to approve:
A) Contracts
with two (2) financially assisted agencies totaling $169,578 for the indicated
activities, for the period October 1, 2011, through March 31, 2012:
1) Comprehensive Alcoholism Rehabilitation Programs, Inc. - $112,158,
for services through the Homeless Assessment Center including comprehensive
assessment services and linkage to other homeless providers as appropriate; and
2) The Lord’s Place, Inc. -
$57,420 for the Engagement Center which provides services to the chronic
homeless to encourage and motivate behavioral changes and links them to
community services;
B) Contracts
with 19 financially assisted agencies totaling $6,491,730 for the indicated
activities, for the period October 1, 2011, through September 30, 2012:
1) Alzheimer’s
Community Care, Inc. ‑ $510,793 for family nurse consultant and
specialized adult day care programs for clients and families affected by
Alzheimer’s Disease;
2) Boys & Girls Club of Palm
Beach County - $149,314 for year-round
services that offer a variety of activities in six (6) core areas which
include: health and life skills;
education and career development; the arts; technology; sports, fitness and
recreation; and character and leadership development;
3) Drug Abuse
Foundation of Palm Beach County, Inc. ‑ $1,537,168 for Medical Case
Management, Adult Residential Services, CARP Adolescent Residential Treatment,
CARP Adult Residential Treatment, CARP Outpatient Treatment Services and CARP
Social and Medical Detox;
4) Farmworker
Coordinating Council of Palm Beach County ‑ $150,346 for Family
Preservation and Economic Stability services;
5) Housing Partnership, Inc. ‑ $68,870 for
supportive housing for individuals diagnosed with mental illness and substance
abuse and for supportive services to family members;
6) PACE Center for Girls, Inc. - $35,000
for services that improve educational outcomes and work
readiness to girls involved with Department of Juvenile Justice, Department of
Children & Families and other partners;
7) Parent-Child Center,
Inc.– $240,852 for children’s outpatient crisis intervention and prevention
activities;
8) Rehabilitation
Center for Children & Adults (Crippled Children Society), Inc. ‑
$49,500 for comprehensive outpatient rehabilitation services;
9) Seagull Industries for the Disabled, Inc.
- $268,901 for Training for Independence which includes services that address
the clients’ vocational and educational development;
10) Sickle
Cell Foundation of Palm Beach County and Treasure Coast, Inc. ‑ $64,473
for customized education, outreach, case management and screening to the
Haitian population;
11) The
Center for Family Services of Palm Beach County, Inc. - $73,000 for SAFE Kids
and Substance Abuse Recovery programs;
12) The
Center for Family Services of Palm Beach County, Inc. - $157,754 for Emergency
Shelter and Traveler’s Aid programs;
13) The Glades Initiative, Inc. - $145,530 for
the system of care services in the Glades community;
14) The
Jerome Golden Center for Behavioral Health, Inc. - $1,387,116 for operation of a licensed in-patient
psychiatric hospital providing assessment and treatment on a twenty-four hour
basis for high-risk populations. They
provide services in both the north county area and in Belle Glade. Services include adult/child crisis
stabilization, residential detoxification services, and adult/child medical
out-patient services;
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
6. MOTION/TITLE
CONTINUED
15) The Lord’s Place, Inc. - $226,380 for permanent supportive housing
services;
16) The Mae Volen Senior Center,
Inc. – $1,153,419 for services which include transportation, in-home services,
congregate meals, home delivered meals, nutrition education, screening and
assessments to eligible seniors;
17) United Way of Palm Beach
County, Inc. - $49,500 for coordination of disaster preparedness activities
throughout the county in partnership with faith-based and non-profit
organizations;
18) United Way of Palm Beach
County, Inc. - $139,664 to oversee the local funders’ combined 211 Palm
Beach/Treasure Coast contract for crisis intervention, information, assessment
and referral to community services through 24-hour per day, 365 days per year
telephone helpline/hotline; and
19) Urban Youth Impact, Inc. ‑ $84,150 for
after school education/ social programs for inner-city elementary and middle
school students at risk for school dropout and delinquency.
Summary: The information submitted reflects part of
the total $13,229,511 funding approved by the Board of County Commissioners for
the Financially Assisted Agencies Program for FY 2012. Employee Alton Taylor of Drug Abuse Foundation
serves on County Advisory Board, the Criminal Justice, Mental Health &
Substance Abuse Planning Council and the Public Safety Coordinating Council,
Yvette Coursey of the Sickle Cell Foundation of Palm Beach and Treasure Coast
serves on the Community Action Advisory Board, Judie Aigen of The Lord’s Place
serves on the Homeless Advisory Board, and Thomas McKissack of The Jerome
Golden Center for Behavioral Health serves on the Palm Beach County HIV Care
Council. These Boards provide no
regulation, oversight, management or policy-setting recommendations regarding
any of the above-listed contracts.
Disclosure of this contractual relationship at a duly noticed public
meeting is being provided in accordance with the provisions of Section 2-443,
of the Palm Beach County Code of Ethics. Other contracts will be forthcoming
upon receipt of all the required information. (Financially Assisted Agency
Program) Countywide (TKF)
F. AIRPORTS
1. Staff recommends motion
to approve: Change
Order No. 3 to the contract with David Brooks Enterprises, Inc. for a
non-compensable time extension of 107 calendar days to the Terminal Flooring Improvements-Phase 1 project at Palm Beach
International Airport (PBIA). SUMMARY: On October 5, 2010, the Board of County
Commissioners approved the contract with David Brooks Enterprises, Inc. in the
amount of $1,196,311 (R2010-1605). Change
Orders 1 and 2 were approved in accordance with the authority delegated in PPM
No. CW-F-50 for an increase to the contract in the amount of $107,570.15 and no
extension of time. Approval of Change
Order No. 3 will extend the contract by 107 calendar days due to delays beyond
the contractor’s control associated with procurement of the tile, with no
increase to the contract amount. The
Disadvantaged Business Enterprise (DBE) goal for this project was established at
18%. The total DBE participation to date is 54%.
Countywide (JCM)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff recommends motion to approve the following FY 2011 Budget Amendments and Transfers:
A) Budget Amendment of $63,868,532 in the General Fund to reclassify sales tax revenue and expenditures from the Sales Tax Revenue Fund to the General Fund per Governmental Accounting Standards Board (GASB) Statement Number 54;
B) downward Budget Amendment of
$76,539,225 in the Sales Tax Revenue Fund to reclassify sales tax revenue and
expenditures and close out the fund per GASB 54;
C) downward Budget Amendment of $1,662,386 in the Transportation
Improvement Fund to increase the transfer to the County Transportation Trust
Fund and reclassify revenue for Trees Only Streetscape per GASB 54;
D) Budget Amendment of $2,783,326 in the County Transportation Trust Fund
to recognize the transfer from the Transportation Improvement Fund and to
reclassify revenues for Trees Only Streetscape per GASB 54;
E) Budget Amendment of $1,532 in the 11.5M LT BAN Tax Refunding 07DS,
Convention Center Hotel Fund to recognize interest revenue and increase the
transfer to close out the fund;
F) Budget Amendment of $1,532 in the 11.5M NAV Tax 10DS, Ref 11M
Convention Hotel BAN 07 Fund to recognize the transfer and increase reserves
for future debt service payment;
G) Budget Amendment of $39 in the 75.0 GO 01A, Environmental Land Fund to
recognize interest revenue and increase the transfer to close out the fund;
H) Budget Amendment of $39 in the 115.8M GO Tax Coupon 06 DS, Ref 75M Land
Acq 99B and 01A Fund to recognize the transfer and increase reserves for future
debt service payment;
I) Budget Transfer of $2,040,152 in the Palm Tran Grant Fund to reimburse
the Palm Tran Operations Fund for grant eligible Connection expenses; and
J) Budget Amendment of $2,040,152 in the Palm Tran Operations Fund to
recognize the transfer from the Palm Tran Grant Fund.
SUMMARY: FS 129.01 requires the County to budget in
compliance with GASB.
The Sales Tax Fund does not meet the requirements of GASB 54 for a special
revenue fund. The budget must be amended to move sales tax revenue and
expenditures into the General Fund for FY 2011. A Budget Amendment in the
County Transportation Trust Fund is necessary to recognize additional gas tax
revenue transferred in FY 2011 to fund qualifying expenses budgeted in this
fund. Also per GASB 54, revenue should be recognized in the fund where
the expenses are incurred. The transfer from the Transportation Improvement
Fund for Trees Only Streetscape must be reclassified to gas tax revenue in the
Transportation Trust Fund. The Budget Amendments in the Debt Service
Funds are necessary to recognize interest revenue and increase the transfers to
close out the funds. The Budget Amendment of $2,040,152 is necessary to
recognize the transfer from the Palm Tran Grant Fund as reimbursement for grant
eligible Connection expenses. Countywide (PK)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. DELETED
2. DELETED
3. DELETED
4. DELETED
5. DELETED
6. DELETED
7. Staff recommends
motion to receive and file: an Assignment and Assumption Agreement regarding a contract with
Intellitech Corporation (Contract) (R2009-0646), as amended by R2011-0114 for
professional services associated with the upgrade of the existing Inmate
Management System. SUMMARY: On April 21, 2009, the Board of County Commissioners
approved the Contract which was amended on February 1, 2011. Pursuant to the terms of Article 12, the
County has the right to assign the Contract to the Palm Beach County Sheriff’s
Office (PBSO). On August 23, 2011, the
County and PBSO entered into the Assignment and Assumption Agreement that
provides for the County’s assignment and PBSO’s assumption of all the rights,
interests and obligations under the Contract, together with PBSO’s agreement to
hold harmless and indemnify the County from all liabilities, damages, losses
and costs, arising out of the assumed obligations. (ESS) Countywide
(JM)
8. Staff recommends
motion to approve: Contract with
Sun Art Painting Corporation in the amount of $354,914 for the Southern Region
Water Reclamation Facility Painting. SUMMARY: This Contract will provide
for stucco repair and painting of previously painted exterior concrete, masonry
and stucco surfaces, steel piping, steel doors and frames, steel digester
roofs, and aluminum caps. This project
is being funded from Water Utilities Department’s Operating and Maintenance
budget. The Small Business Enterprise
(SBE) goal for this project is 15%. Sun
Art Painting’s bid includes SBE participation of 95.7%. Sun Art Painting
Corporation is a Palm Beach County business and a certified SBE contractor. The contract time is 150 calendar days to
substantial completion. (Capital Improvements Division) District 5 (JM)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends motion to approve: a
License Agreement for Use of Equipment ("Agreement") with Kettle
Comfort, Inc., a Florida not for profit 501(c)(3) corporation, ("Kettle
Comfort") to use County-owned commercial kitchen equipment. SUMMARY:
This Agreement provides the terms and conditions under which Kettle
Comfort, Inc. can remove, use and return two (2) steam kettles
("Equipment") currently located at 673 Fairgrounds Road in West Palm
Beach ("Property") for the production of food to be used by
not-for-profit organizations and community partners who provide distribution of
food to Palm Beach County residents.
Kettle Comfort’s use of the Equipment is at no cost; provided however, a
license fee of $839 will be paid to reimburse the County for the cost of
disconnecting the Equipment from the County’s kitchen and reinstalling it upon
surrender. The term of the Agreement
commences on the date the Board approves the Agreement and extends until Kettle
Comfort takes possession of permanently donated kitchen equipment or six (6)
months, whichever occurs first. The term
of the Agreement may be terminated by Kettle Comfort upon thirty (30) days
prior notice to the County and by County: (i) upon thirty (30) days prior
notice in the event the Equipment is required to operate the County's kitchen
on the Property or (ii) upon forty-eight (48) hours notice in the event of a
declared emergency. The Agreement provides that Kettle Comfort shall: (i) be responsible
for the transport of the Equipment to and from the Property; (ii) repair and
maintain the Equipment at its sole cost and expense; and (iii) assume the
entire risk of loss and damage to the Equipment. Kettle Comfort has submitted a
Security Deposit in the amount of $53,000. (FDO/Admin) Countywide (JM)
10. Staff
recommends motion to approve:
A) the
West Boynton District Park “B” Replat 1 The Springs P.U.D. plat; and
B) a Signage and Maintenance Easement Agreement (“Easement”) with The
School Board of Palm Beach County (“School Board”) for a sign easement on
County property located on Jog Road in unincorporated Boynton Beach.
SUMMARY: In
October 2004 (R2004-2175), the County acquired 3.72 acres of property from the
School Board located on the east side of Jog Road, south of Northtree Boulevard
in western Boynton Beach for the development of a PBSO Substation adjacent to
the Park Vista High School site. Subsequently, the School Board constructed a
right-turn lane into the high school, a portion of which encroached onto the
County’s property, and in October 2007 (R2007-1714), was conveyed to the School
Board for $7,680. As a result of this conveyance, the County and School Board
owned parcels must be re-platted.
Additionally, the School Board constructed an electronic marquee sign
for the Park Vista High School on the County’s property and requires an
easement for same. The Easement provides
a 5’ by 10’ area for the sign and a 10’ by 179’ area to run electrical service
to the sign, totaling 1,842 square feet (.04 acres). This is a non-exclusive easement and is being
granted at no charge as the School Board granted the County, at no charge, a
25’ x 10’ sign easement for the PBSO Substation entrance sign on the Park Vista
High School property. The County and the
School Board will each sign the plat as property owners. The School Board is responsible for all costs
associated with the re-plat. (PREM) District
3 (HJF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff
recommends motion to approve:
A) a Drainage Easement in favor of the
American Orchid Society, Inc. for storm water drainage; and
B) an Access Easement in favor of the American
Orchid Society, Inc. for ingress/egress through a portion of Morikami Park.
SUMMARY: On June 20, 1995, Palm Beach County entered
into a Use & Management Agreement (R95-824D) with the American Orchid
Society, Inc. (AOS) whereby the orderly development of Morikami Park and the
adjacent AOS Property could occur in the best interest of both parties. The Use
& Management Agreement (Agreement) requires the County to grant AOS
easements for access and storm water drainage across the park property at no
charge. AOS is currently selling its property and desires to obtain the
easements to document their legal access and drainage of the site. The drainage
easement area is 10 feet wide, is approximately 323 feet long, and covers 3228
square feet (.07 acre). The access
easement meanders over an area roughly 30 to 130 feet in width, is almost 357
feet in length, and covers 13,117 square feet (.301 acre). Both easements will be recorded to provide
public notice of their existence. (PREM) District 5 (HJF)
12. Staff recommends
motion to approve: a Lease Agreement with Floral Acres, L.L.C., to
lease approximately 20 acres of County-owned land in the Ag Reserve located
just south of Boynton Beach Boulevard and west of Highway 441/SR7. SUMMARY: Staff issued a Request for Proposal (RFP) to
lease the 215 acre Amestoy property in June 2010. The RFP divided the property
into two (2) parcels (195 acres and 20 acres) and offered the parcels for lease
either together or separately. T&D Cattle Company and Exotics, Inc.,
proposed leasing the 195 acre parcel for row crops and Floral Acres, L.L.C.,
proposed leasing the 20 acre parcel for nursery use. On July 19, 2011, Staff
recommended, and the Board approved, the proposals of T&D and Floral Acres,
as these proposals would maximize the rent to be received by the County. The
Lease Agreement with T&D Cattle Company and Exotics, Inc., for the 195 acre
parcel was presented to the Board and approved at that time (R2011-1108). The
Lease Agreement with Floral Acres for the 20 acre parcel is now being presented
for approval. The initial term is for five (5) years with five (5) – five (5)
year extension options. Rent is $20,000 per year ($1000 per acre) for the
initial term, and will be prorated for the first year. After the initial term,
rent will be adjusted to the then current fair market rental value. Floral
Acres provided a Disclosure of Beneficial Interest identifying Patrick Rosacker
and Arthur A. Rosacker, III, as each holding a 50% interest in Floral Acres. (PREM)
District 5 (HJF)
13. Staff recommends motion to approve: a
Utility Easement Agreement in favor of Florida Power & Light Company (FPL)
for underground electrical service to the County’s Central Detention Center
(Stockade) in unincorporated West Palm Beach.
SUMMARY: The County is in the process of expanding
infrastructure at the Stockade. Ranger
Construction Industries (Ranger) and the County entered into an Access Easement
dated March 30, 2004 (R2004-0571) wherein Ranger granted the County an
exclusive easement over the east 50’ of Ranger’s property. FPL requires an easement within this area for
the installation of underground electrical service for the new facilities at
the Stockade. The easement area is
approximately 49’ wide by 680.63’ long and contains 33,351 sq. ft. (0.77
acres). Ranger is consenting to this
easement as the property owner. This
non-exclusive easement is being granted at no charge as it will provide
electrical service for the benefit of the County facility. (PREM) District 6
(HJF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
14. DELETED
15. Staff recommends
motion to approve:
A) a Cross Access Easement Agreement with
Simpson Enterprises, Inc.;
B) a Cross Access Easement providing for cross
access to, over and across the County’s West Jupiter Community Park property
and the adjoining property boundary
owned by Simpson Enterprises, Inc.;
C) a Temporary Construction Easement in favor
of Simpson Enterprises, Inc. for the installation of driveway improvements at
the County’s West Jupiter Community Park property; and
D) a Budget Amendment of $68,660 in the Public
Building Improvement Fund recognizing revenue and establishing a project
budget.
SUMMARY: Simpson Enterprises, Inc. (Simpson) owns
two (2) lots located on the north side of Indiantown Road between Palm Road and
adjacent to the County’s +/-8.62-acre West Jupiter Community Park property in
the Town of Jupiter. Simpson is
developing the two (2) lots as a +/-4,193 square foot bank with drive-thru
facilities. As Simpson and the County share a common property boundary, Simpson
has requested that the County allow for connection to and use of the County’s
driveway to Indiantown Road. In exchange
Simpson will allow vehicular access between the County’s property and Palm Road
to the east via Simpson’s property.
Simpson will require a Temporary Construction Easement (TCE) ranging
from 60 to 85 feet wide and 140 feet deep (approximately 8,713 sq. ft.) to
allow for Simpson’s installation of the cross access driveway and modifications
to the County’s existing Indiantown Road driveway. A TCE ranging from 25 to 75
feet wide and 25 feet deep (approximately 1,250 sq. ft.) is required to allow
for Simpson’s installation of improvements to the County’s existing Central Boulevard
driveway. Staff has negotiated mitigation measures that minimize the impacts of
traffic utilizing the Cross Access Easement upon the County’s property and
operations, including: 1) installation of a concrete wall surrounding the Head
Start playground; 2) installation of a guardrail on the County’s property
opposite the cross access driveway; 3) installation of signage and rumble
strips on the County’s property at designated pedestrian crossings; and 4)
installation of traffic signage at strategic locations on the County’s
property. Simpson has agreed to provide
the County a cash contribution in the amount of $68,659.23 for the County to
install these mitigation measures on the County’s property. The easements are being granted to Simpson at
no cost on account of mutually beneficial access to the local roadway network,
and Simpson’s commitment to fund all direct costs associated with installation
of the cross access driveway connection and Simpson’s agreement to fund the
cost of the related mitigation measures. Simpson has provided a Disclosure of
Beneficial Interests identifying the two (2) beneficial interest holders in
Simpson’s lots as Robert E. Deziel and Brenda Simpson. (PREM) District 1
(HJF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2010-2109) with
the City of Pahokee to extend the expiration date from November 30, 2011, to
September 30, 2013, and to modify the project scope. Summary:
This Amendment provides an extension of one (1) year and ten (10) months to the
term of the existing Agreement with the City of Pahokee (City) for the
renovation of its High School Gymnasium located at 360 East Main Street,
Pahokee. Based on the current level of
funding, the City estimates that additional renovation to the gymnasium can be
achieved. The amendment modifies the
project scope to include additional renovation work. The Amendment also incorporates an
anticipated time table of performance benchmarks in order to complete the
project by the extended deadline. These are federal Community Development
Block Grant funds which require no local match. (Contract Development) District
6 (TKF)
2. Staff recommends
motion to receive and file: three (3) Modifications to Grant Agreements
with the State of Florida as follows:
A) Modification Number 12 to the
Grant Agreement (Contract No. 07DB-3V-10-60-01-Z07) for the 2005 Community
Development Block Grant (CDBG) Disaster Recovery Initiative Program (DRI2);
B) Modification Number 7 to the
Grant Agreement (Contract No. 08DB-D3-10-60-01-A07) for the 2005 CDBG Disaster
Recovery Initiative Program – Supplemental Appropriation (DRI3); and
C) Modification Number 1 to the
Grant Agreement (Contract No. 10-DB-K4-10-60-01-K29) for the 2008 CDBG Disaster
Recovery Initiative Program (DRI4).
Summary: In accordance with County PPM CW-0-051, all
delegated contracts, agreements and grants must be submitted by the initiating
Department as a receive and file agenda item.
The Modifications have been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator, or designee, in
accordance with Agenda Items R2006-1351, R2007-1524 and R2009-1677 as approved
by the Board on July 18, 2006, September 11, 2007, and October 6, 2009,
respectively. The Modifications are now being submitted to the Board to receive
and file. These are Disaster Recovery
Initiative Program grant funds which require no local match. (Planning
Section) Countywide (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends
motion to receive and file: three (3) Agreements and five (5) Amendments
to Agreements as follows:
A) an Agreement with the Town of
Jupiter under the 2008 Disaster Recovery Initiative – Supplemental Program
(DRI4) (R2010-1411);
B) an Agreement with West Palm Beach Housing Authority under DRI4
(R2010-1411);
C) a Loan Agreement with Community
Land Trust of Palm Beach County, Inc., under the Neighborhood Stabilization
Program 2 (NSP2) for the Davis Landings Project;
D) Amendment No. 001 to an Agreement
(R2010-1944) with Community Land Trust of Palm Beach County, Inc., under NSP2
for the Davis Landings Project;
E) Amendment No. 003 to an Agreement (R2010-1124) with the City of
Greenacres, under the Community Development Block Grant Recovery Program
(CDBG-R);
F) Amendment No. 001 to an Agreement
(R2011-0048) with We Help Community Development Corporation, under the 2005
Disaster Recovery Initiative Program (DRI2);
G) Amendment No. 001 to an Agreement
(R2011-0049) with the City of Delray Beach, under DRI2; and
H) Amendment No. 001 to an Agreement
(R2010-1894) with the City of Belle Glade, under the Community Development
Block Grant Program (CDBG).
Summary: In accordance with County PPM CW-0-051, all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. The above
Agreements and Amendments have been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator, or designee, in
accordance with Agenda Items R2001-340, R2011-0559, R2009-1679, R2006-1351, and
R2009-0901. The Agreements and Amendments are now being submitted to the Board
to receive and file. These are Federal NSP, DRI, CDBG, and CDBG-R funds
which require no local match. (Contract Development) Countywide
(TKF)
4. Staff recommends
motion to approve: the creation
of one (1) full-time/time-limited position within the Department of Housing and
Community Development (HCD), a Community Development Project Coordinator (Pay
Grade 32), to terminate upon the exhaustion of federal grant funds. Summary: This full-time/time-limited position will carry
out technical and administrative work in connection with the implementation of
activities funded under the $50,000,000 NSP2 grant awarded to the County
through the American Recovery and Reinvestment Act of 2009, and the $11,264,172
NSP3 grant awarded to the County through the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010. This
position will terminate upon the exhaustion of these federal funds. However, authorization is also sought for the
continuation of this position in the event that future awards of federal or state
funding are made available to the County. These are federal funds which
require no local match. (CREIS) Countywide (TKF)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed
Agreements received during the month of August 2011:
A) Indemnification
Agreement with Groves Medical Plaza, LLC, a Florida Limited Liability Company (WUD
No. 07-004) District 6 (MJ); and
B) Indemnification
Agreement with Colonial Lakes Apartments, LTD (WUD No. 11-523) District 2
(MJ).
Summary: In accordance with County PPM CW-0-051, all
delegated contracts/agreements/ grants/procurement items must be submitted by
the initiating Department as a receive and file agenda item. The above Standard Development Agreement and
Indemnity Agreements have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Deputy Director of
the Water Utilities Department in accordance with Resolutions R93-1619,
R96-0228, and R2003-0539 and are now being submitted to the Board to receive
and file.
2. Staff
recommends motion to approve:
Work Authorization No. 9 to the Pipeline Continuing Construction Contract with
Johnson-Davis, Inc., (R2010-1423) for the construction of the Watergate Mobile
Home Park Water Main Replacement Project - Phase I in the amount of $986,867.28. Summary: On September 14, 2010, the
Palm Beach County Board of County Commissioners approved the Water Utilities
Department Pipeline Continuing Construction Contract with Johnson-Davis, Inc. (R2010-1423).
This Work Authorization No. 9 provides for the construction of a 6" Water
Main and a 4" Water Main, and the relocation of existing meters from the
back of the properties to the front. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Johnson-Davis, Inc. provides for SBE participation
of 15%. This Authorization includes 15.10% overall participation. The
cumulative SBE participation is 15.84% overall. Johnson-Davis, Inc. is a local
Palm Beach County Company. (WUD Project No. 06-187) District 5 (JM)
3. Staff
recommends motion to approve: Contract with Aquifer Maintenance and
Performance Management, Inc. (AMPS) for the Systemwide Wellfield Rehabilitation and Maintenance Project over
a 12 month term in an amount not to exceed $577,159 with an option to
renew for two (2) additional 12 month terms at current prices. SUMMARY: On September 20, 2011, four
(4) bids were received for the Systemwide
Wellfield Improvements Project, with Aquifer Maintenance and
Performance Management, Inc. (AMPS) being the lowest responsive,
responsible bidder in the amount of $577,159.
This Contract will be used for wellfield rehabilitation to maintain adequate raw water supply to the
Department’s water treatment plants. Contract award is for a 12 month
term with an option to renew for two (2) additional 12 month terms at current
prices. The contract is for a not to
exceed amount of $577,159, based on the anticipated use, and the projects will
be ordered on a priority basis. Work will be assigned during the 12 month contract period by formal
Construction Delivery Orders (KDOs) drawn against this continuing contract with
the project cost identified in each KDO. The unit prices contained in this
contract will be used in determining the cost of these KDOs. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. This Contract with AMPS provides for SBE participation of 100%
overall. AMPS is a Palm Beach County
Company and a certified SBE contractor. (WUD Project No. 11-005/VMG) Districts
2, 3, 5 & 6 (JM)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt:
A) Resolution for the Florida Department of
Environmental Protection (FDEP) to continue to fully fund the Petroleum Storage
Tank Compliance Verification Program under a contract with Palm Beach County
(County); and
B) Resolution for the FDEP to continue to fully
fund the Petroleum Contamination Cleanup Program under a contract with the
County.
SUMMARY: These resolutions proclaim County support
for the FDEP to continue fully
funding the Petroleum Storage Tank Compliance Verification Program and
Petroleum Contamination Cleanup Program.
Since 1988, the FDEP has maintained a contract with the County to manage
these programs. Presently, the annual
contracts are in the amount of $454,675 for the compliance and $502,730 for
cleanup, respectively. In return, Palm
Beach County performs compliance inspections of petroleum storage tank systems
and manages the cleanup of petroleum contamination. FDEP is proposing to reduce or eliminate
funding for all county government storage tank compliance programs, including
Palm Beach County. FDEP is also
proposing to eliminate funding for the petroleum contamination cleanup programs
in seven (7) counties, including Palm Beach County. Maintaining funding for these programs is
essential for protection of the County’s water resources and drinking water
supplies. Countywide (AH)
M. PARKS & RECREATION
1. Staff recommends motion
to receive and file: executed Independent Contractor Agreements
received during the month of September of 2011:
A) Teresa Stratton, Water Fitness
Instructor, Aqua Crest Pool, for the period October 1, 2011, through September
30, 2012;
B) Stephen VanCoppenolle, Water Exercise Instructor, North County Aquatic
Complex, for the period October 1, 2011, through September 30, 2012; and
C) Modern Bujutsu Karate Florida,
Inc., Martial Arts Program, Therapeutic Recreation Complex, for the period
October 1, 2011, through September 30, 2012.
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 above
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, 3 & 7 (AH)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to receive and file: a Cooperative Agreement with
Literacy*AmeriCorps through the Literacy Coalition of Palm Beach County. Summary: On
June 7, 2011, the Board approved a site application (R2011-0819) for the County
Library’s participation in the Literacy*AmeriCorps PBC Program for the period
of August 15, 2011, through August 14, 2012, and authorized the Chairperson to
execute the agreement. This Agreement will provide the County Library with one
(1) full-time Literacy*AmeriCorps member.
This member will offer conversational English programs and oversee the
literacy learning computer lab. The Library will pay a service fee of $5,500 to
the Literacy Coalition of Palm Beach County and business-related mileage to the
member up to $2,750. AmeriCorps, with
supplemental funds from the Coalition, will cover all other expenses including
Workers’ Compensation, liability, and health care coverage. Countywide (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive and file a Second
Chance Act Grant award from the Department of Justice (DOJ) in the amount of
$50,000 for a period of one (1) year beginning October 1, 2011 to facilitate
the development of a plan to reduce juvenile recidivism in Palm Beach County;
and
B) approve a Budget Amendment for $50,000 in the
Criminal Justice Grants Fund to establish budget for this program.
SUMMARY: Palm Beach County, through the Criminal
Justice Commission, was successful in winning a competitive grant award of
$50,000 from the DOJ to facilitate the planning for successful reintegration of
juvenile ex-offenders as they return to the County. The grant award allows for the development of
a strategic plan for juvenile ex-offenders to successfully transition back into
the community. The grant requires a
non-federal in-kind match of 100%. This
match has been identified through the Criminal Justice Commission for a total
amount of $59,409. Countywide (GB)
2. Staff recommends
motion to:
A) ratify
the signature of the Chair on the approval of the Department of Juvenile
Justice Contract Amendment (R2011-0535) to increase the amount to $133,610, and
to extend the term until March 31, 2012 to provide home detention monitoring
services to juveniles in Palm Beach County;
B) approve
the First Amendment to the Contract with Gulfstream Goodwill Industries, Inc.,
(R2011-0536) a not-for-profit agency, to extend the contract term from September
30, 2011, to March 31, 2012 to
provide home detention monitoring services to juveniles in Palm Beach County; and
C) approve a Budget Amendment of
$66,805 in the Criminal Justice Commission Grants Fund to increase funding for
this program.
SUMMARY: The Department of Juvenile Justice awarded the Palm Beach County Criminal Justice Commission funds
to provide home detention monitoring services to juveniles in Palm Beach
County. The term of the initial contract was
from April 11, 2011, through September 30, 2011. The Department of Juvenile
Justice is providing an additional $66,805 of funding for a total of $133,610 and
extending the contract term to March 31, 2012. The initial contract with
Gulfstream Goodwill Industries, Inc. was to provide home detention
monitoring services to juveniles in Palm Beach County and this funding will
extend the contract period to March 31, 2012.
There is no match requirement. Countywide (GB)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to approve: the
Second Amendment to the
Interlocal Agreement (R2010-0661) with Florida Atlantic University to
extend the term from September 30, 2011, to March 31, 2012 to support the
Restorative Justice Project. SUMMARY: The
Criminal Justice Commission recommended the use of the American Reinvestment
and Recovery Act Justice Assistance Grant Program (ARRA JAG) funds and Criminal
Justice Reserve Fund funds, totaling $100,000 for the project. There
are remaining funds from this project due to delays in the initial approval
process from the Department of Justice and some cost savings within the
project. In order to provide appropriate
time to expend remaining funds, an extension of the term of the agreement from
September 30, 2011, to March 31, 2012 is necessary. There is no match requirement for the ARRA
JAG Program. Countywide (DW)
R. HUMAN RESOURCES
1. Staff recommends
motion to approve: Palm Beach
County’s 2011- 2012 Affirmative Action Plan, a voluntary effort to correct
under-representation where it exists in the Board of County Commissioners’
workforce. Summary: Implementation of this year’s Plan focuses
on methods and procedures for achieving targeted work unit goals, enhancing
special recruitment efforts, and continuing to develop systems to correct
under-representation. Minority
representation for all job categories for 2010 – 2011 was 33.7%, which is 5.7%
above the availability. Females
represented 35.7% of the County’s workforce in 2010 – 2011 as compared to the
availability of the labor force for all occupations of 46.0%. There is no fiscal impact. Countywide (EC)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: the
First Amendment to the Agreement (R2011-1085) with the Jewish Federation of
Palm Beach County, Inc. (“Jewish Federation”) for connection to the Palm Beach
County (“County”) Regional Network for an additional facility located at 8500
Jog Road, Boynton Beach with a first-year revenue to the County estimated at
$6,000. SUMMARY: The Jewish Federation is a non-profit
organization which has an existing agreement with Palm Beach County for
County-provided network services. The Jewish Federation wishes to amend
this agreement to include an additional facility to be connected to the County’s fiber network. This
Amendment provides for reimbursement to County for any capital expenditures
associated with these network services. In addition to the revenues
generated for the County, an estimated annual savings of $15,000 will be
realized by the Jewish Federation. District 3 (PFK)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends
motion to approve:
A) Supplemental Service
Order Request Quote No FLR-20110925-01, with Florida LambdaRail (FLR) to add three
(3) Gigabytes of FLRNet capacity, under the Terms and Conditions applicable to
Affiliate Connection Agreement (R2008-0674), effective December 1, 2011 with a
one-time cost of $73,930 and a recurring, annual cost of $44,160, for a new
total cost for FLR services of $364,567 for the period January 1, 2011, through
September 30, 2012; and
B) Supplement
to Affiliate Connection Agreement, Aggregator Third Party Connections Report,
which acknowledges the agencies connected to the Palm Beach County network as
of September 30, 2011, clarifies the procedure for notification to FLR and
approval by FLR for all future Third Party Connections and establishes a review
process for exemption of payment to FLR of the Downstream Subscriber Connection
fee(s) of $100 per month per agency at a cost estimated at $33,800 for the
period January 1, 2010, through September
30, 2012.
SUMMARY: On
April 15, 2008, the County entered into an Affiliate Connection Agreement with
Florida LambdaRail, LLC to obtain high-speed, high bandwidth optical network
services to support the needs of the County and other governmental, educational
and non-profit entities participating in the Palm Beach County Regional
Network. Network service conditions change frequently in an effort to
serve our network customer’s needs. The most recent requirement is the
need to upgrade our current FLRNet connection to a total of 4GB in order to
accommodate new services to our planned new partners such as Florida Atlantic
University and South Florida Water Management District. Additionally, the
notification and approval procedures under which Palm Beach County is
responsible to pay a Downstream Connection Charge to FLR are revised in the
appropriate sections of the Supplement to Affiliate Connection Agreement. Countywide
(PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file the Emergency Medical Services Grant Second
Award Letter in the amount of $168,190; and
B) approve
a Budget Amendment of $168,190 in the Emergency Medical Services (EMS)
Grant Fund to recognize the second of two (2) EMS grant award disbursements.
SUMMARY: The
EMS grant provides biannual fund disbursements to Palm Beach County from the
State of Florida Department of Health, Bureau of Emergency Medical Services, to
improve and expand the County EMS system by purchasing life saving equipment
and providing public safety outreach/training. The total grant amount awarded
to the County was $343,766. The County
received the first disbursement in the amount of $175,576 in May of 2011. This
EMS grant ends on April 13, 2012. No County matching funds are required for
this grant. Countywide (GB)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file: the executed Fourth Amendment to the Memorandum of
Agreement with the City of Miramar, a municipal corporation of the State of
Florida, as a fiscal agent for the Fort Lauderdale Urban Area Security
Initiative (UASI) to extend the 2007 Agreement from June 30, 2011, to December
30, 2011. SUMMARY: The County was awarded $412,745 from the US Department of Homeland
Security UASI Grant through the City of Miramar. These funds will be used to address planning,
equipment, training, and exercise needs of the County to prevent, protect
against, respond to, and recover from acts of terrorism. A request to extend the grant from June 30,
2011, to December 30, 2011 has been approved. Resolution
R2006-2669 authorizes the County Administrator or his designee to execute
standard UASI agreements with various governmental and private agencies on
behalf of the Board of County Commissioners. No County matching funds are required.
Countywide (GB)
3. Staff recommends
motion to receive and file: the executed Fourth Amendment to the Memorandum of
Agreement with the City of Miramar, a municipal corporation of the State of
Florida, as a fiscal agent for the Fort Lauderdale Urban Area Security
Initiative (UASI) to extend the 2007 Supplemental Agreement from June 30, 2011,
to December 30, 2011. SUMMARY: The County was awarded $146,685 from the US Department of Homeland
Security Urban Area Security Initiative (UASI) Grant through the City of
Miramar. These funds will be used to address planning, equipment, training, and
exercise needs of the County to prevent, protect against, respond to, and
recover from acts of terrorism. A
request to extend the grant from June 30, 2011, to December 30, 2011, 2011 has been approved. Resolution R2006-2669
authorizes the County Administrator or his designee to execute standard UASI
agreements with various governmental and private agencies on behalf of the
Board of County Commissioners. No County matching funds are required. Countywide (GB)
4. Staff recommends
motion to:
A) approve two (2) standard agreements, one for
governmental agencies and one for non-governmental/private entities, to be used
by the County to designate the distribution of Emergency Medical Services (EMS)
equipment to various governmental and private agencies; and
B) authorize the County Administrator
or his designee to execute these standard agreements between the County and
various governmental and non-governmental/private entities on behalf of the
Board of County Commissioners, after approval of legal sufficiency by the County
Attorney's Office, and within budgeted allocations.
SUMMARY: The EMS grant fund is a bi-annual grant
provided to Palm Beach County from the State of Florida Department of Health,
Bureau of Emergency Medical Services, to improve and expand the EMS system. The
equipment is distributed to governmental entities and non-governmental/private
entities based upon a countywide assessment by a Grant committee and licensed
EMS providers appointed by the EMS Council. The County shall purchase this equipment
with EMS grant funds. No County matching
funds are required. Countywide (GB)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
5. Staff recommends
motion to receive and file: the executed amendments to the Memorandums of
Agreements (MOA) with the City of Miramar, a municipal corporation of the State
of Florida, as a fiscal agent for the Fort Lauderdale Urban Area Security
Initiative (UASI) to extend the following agreements from May 31, 2011, to
August 31, 2011:
A) the UASI 2008
Jurisdictional Agreement;
B) the UASI 2008
WebEOC Agreement; and
C) the UASI 2008
Citizen Corp Agreement.
SUMMARY: The County
was awarded $1,095,937 from the U.S. Department of Homeland Security UASI Grant
through the City of Miramar. These funds
will be used to address planning, equipment, training, and exercise needs of
the County to prevent, protect against, respond to, and recover from acts of
terrorism. The funds will also be used
to enhance the County WebEOC which is a standard emergency collaboration system,
and the Citizen Corps program which is strategy to bring together government
and community leaders to involve citizens in all-hazards emergency
preparedness/resilience. Requests to
extend the grants from May 31, 2011, to August 31, 2011 have been approved. Resolution R2006-2669 authorizes the County
Administrator or his designee to execute standard UASI agreements with various
governmental and private agencies on behalf of the Board of County
Commissioners. No
County matching funds are required. Countywide (GB)
AA. PALM TRAN
1. Staff recommends
motion to approve:
A) a downward Budget Amendment of $390,913 in Palm Tran’s Grant Fund for
Fiscal Year 2012 in order to reconcile the budget to the actual Transportation
Disadvantaged (TD) Grant award and related County match;
B) a downward Budget Amendment of $390,913 in
Palm Tran’s Operating Fund for Fiscal Year 2012 in order to reconcile the
budget to the actual amount of the appropriations and related transfer from
grant fund; and
C) a Budget Transfer of $38,888 in the General
Fund to reduce the transfer to Fund 1341.
Summary: The
FY 2012 budget was formulated with a TD Grant estimate provided by the State of
Florida. State funding was less than
expected and the final amount represented a downward adjustment in the Grant of
$352,025 and therefore a corresponding downward adjustment in the required
County match of $38,888. The TD Grant was approved at the October
4, 2011 Board meeting - Agenda Item Number 3AA1. It provides approximately 90% of the funding
for Palm Beach County’s TD program. Palm Beach County has been allocated the
following funds for FY 2011/2012: Total State Grant amount $2,135,024 (includes
Voluntary Dollar Contributions of $2,038 and a State Grant in the amount of
$2,132,986) plus a County Match of $237,224 (includes In-Kind Match for
Voluntary Contributions of $226 and a Local Match of $236,998) for a Total Project Cost of $2,372,248. The agreement for this project expires on
June 30, 2012. The local match has already been budgeted in Palm Tran’s proposed
FY 2012 operating budget. Countywide (DR)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
1. Staff recommends
motion to:
A) accept, on behalf of the Palm Beach County Sheriff’s Office
(PBSO), an Agreement with the City of Miramar, as the fiscal agent for the Ft.
Lauderdale Urban Area Security Initiative to provide $140,000 in reimbursable
funding for the Regional Virtual Fusion Center effective until April 30, 2013;
and
B) approve a Budget Amendment of $140,000 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds and related equipment will be
used for the Regional Virtual Fusion Center hosted by PBSO. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (GB)
2. Staff recommends
motion to:
A) accept, on behalf of the Palm Beach County Sheriff’s Office,
an Agreement with the City of Miramar, a municipal corporation of the State of
Florida, as the fiscal agent for the Ft. Lauderdale Urban Area Security
Initiative to provide $433,038 in reimbursable funding for various direct law
enforcement oriented domestic security activities effective until April 30,
2013; and
B) approve a Budget Amendment of $433,038 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds and related equipment will be
used for direct law enforcement activities. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (GB)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
(Cont’d)
3. Staff recommends
motion to approve: a Budget Transfer of $253,750 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the
LETF’s previous year’s revenues be used for the support or operation of drug
treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood and school resource officer programs of various non-profit
organizations. The PBSO’s FY 2012 estimated donation requirement will not be
finalized until year-end close-out. The funds are requested to aid qualified
organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs
exemplifies its strong commitment to the prevention and reduction of crime
throughout the communities it serves and its desire to put money back into
these communities to support organizations that provide such services. The current State LETF balance is $2,116,357.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $1,862,607. The year-to-date
transfer for all donations after approval of this item is $700,021. The PBSO certifies that the use of
these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective agency. No new positions are
needed and no additional County funds are required. Countywide (GB)
|
ORGANIZATION |
AMOUNT |
|
Acreage Loxahatchee Rotary Club |
3,000 |
|
Florida Sheriff’s Youth Ranches, Inc. |
169,500 |
|
Gulfstream Council of the Boy Scouts of
America, Inc. |
10,000 |
|
Inner City Youth Golfers’, Inc. |
10,000 |
|
Jerome Golden Center for Behavioral Health |
5,000 |
|
Lake Worth High School – Criminal Justice
Academy |
5,000 |
|
National Campaign to Stop Violence, Inc. |
6,250 |
|
Palm Beach County Association of Chiefs of
Police |
5,000 |
|
College for Kids, Inc. |
25,000 |
|
The Lord’s Place, Inc. |
15,000 |
|
|
|
|
Total
Amount of Donations |
$253,750 |
CC. OFFICE OF THE INSPECTOR
GENERAL
1. Staff recommends
motion to approve:
A) an Interlocal Agreement (ILA) between the
Health Care District (District) and Palm Beach County for the provision of
Inspector General services at the District for the period January 1, 2012,
through September 30, 2014; and
B) a Budget Amendment of $255,089 in the
Inspector General Fund to reflect the initial year revenues from the District.
SUMMARY: Under the ILA, the Office of
Inspector General (OIG) will exercise the authority, functions and powers
granted by the Office of Inspector General, Palm Beach County, Florida
Ordinance (OIG Ordinance) for the District.
The ILA will be in effect through September 30, 2014. The District will pay Palm Beach County
$255,089 for the nine (9) month period January 1, 2012, through September 30,
2012 with funding for future years to be budgeted in accordance with the OIG
Ordinance. Countywide (LB)
NOVEMBER 15, 2011
3. CONSENT
AGENDA APPROVAL
CC. OFFICE OF THE INSPECTOR
GENERAL (Cont’d)
2. Staff recommends
motion to approve:
A) an Interlocal Agreement (ILA) between the
Children’s Services Council (CSC) and Palm Beach County for the provision of
Inspector General services at the CSC for the period January 1, 2012, through
September 30, 2014; and
B) a Budget
Amendment of $131,044 in the Inspector General Fund to reflect the initial year
revenues from the CSC.
SUMMARY: Under the ILA, the Office of
Inspector General (OIG) will exercise the authority, functions and powers
granted by the Office of Inspector General, Palm Beach County, Florida
Ordinance (OIG Ordinance) for the CSC.
The ILA will be in effect through September 30, 2014. The CSC will pay Palm Beach County $131,044,
for the nine (9) month period January 1, 2012, through September 30, 2012 with
funding for future years to be budgeted in accordance with the OIG
Ordinance. Countywide (LB)
DD. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends motion to authorize: the Chair to execute a Federally Funded Subgrant Agreement (Grant), Contract Number 12HMY-2Y-10-60-01-001, between the Florida Division of Emergency Management (DEM) and Palm Beach County (County) for the construction of canal improvements in order to improve the storage capacity of both the Lake Worth Drainage District (LWDD) L-2 Canal and the County L-2B Canal, adjacent to the Westgate subdivision (Project). SUMMARY: The DEM Grant will fund the construction phase of the drainage improvements in the LWDD L-2 Canal from the Palm Beach International Airport Canal easterly to west of Wabasso Drive and the L-2B Canal from Saginaw Avenue north to Nokomis Avenue and Cherokee Avenue north to Genesee Avenue. The Community Redevelopment Agency (CRA) will provide the local share funding of the DEM Grant and will have their consultant perform the construction administrative services for the Project after bidding. District 2 (MRE) (Engineering)
EE. TOURIST DEVELOPMENT
COUNCIL
1. Staff recommends
motion to approve: Agreement with Palm Beach County Cultural Council in
the amount of $200,000 from October 1, 2011, through September 30, 2012 for
services relating to the administration of Category C – Level 1 (Small and
Emerging Organizations, Children’s and Multicultural projects) cultural grant
program for non-profit organizations within the County. SUMMARY: The
County shall provide an amount not to exceed $200,000 to fund certain
activities of non-profit organizations as determined by the Council pursuant to
a process established herein and approved by County. Of the $200,000 in County funding, up to
$180,000 shall be applied to Category C-Level l (Small and Emerging
Organizations, Children’s and Multicultural projects). A portion of the remaining funds, not to
exceed 10% of the total amount, may be used by the Council to administer the
program. In the event some of the funds
are unspent, the Council will reallocate funds to support cultural programs in
underserved areas of the County. Rena
Blades of the Cultural Council serves on the Overall Economic Development
Program (“OEDP”) Committee. The Committee provides no regulation, oversight,
management, or policy-setting recommendations regarding the Cultural Council’s
contracts. Disclosure of the contractual
relationship at a duly noticed public meeting is being provided in accordance
with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.
(TDC) Countywide (DW)
* * * * * * * * * * * *
NOVEMBER 15, 2011
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends
motion to adopt: a Resolution to abandon a 30’ right-of-way (ROW)
located between Tract 13 and Tract 20 and a 50’ ROW located between Tract 36
and Tract 37 in Block 21 of Palm Beach Farms Co. Plat No. 3. SUMMARY:
Adoption of this Resolution will allow the petitioner, Palm Beach County
Water Utilities Department, to utilize those portions of the two (2) ROWs for
expansion and improvements to Palm Beach County Water Treatment Plant No. 2. The petition sites are located north of Lake
Worth Road and south of Forest Hill Boulevard; the 50’ ROW is east of Pinehurst
Drive, and the 30’ ROW is east of Florida’s Turnpike. District 2 (MRE)
B. Staff recommends
motion to:
1) determine that Palm Beach County (County) has adhered
to and implemented its Five Year Road Program (Program) based on substantial
evidence that the funding for the current fiscal year and the addition of the
new fifth year are as contemplated in the Comprehensive Plan (Plan) and that
fewer than 20% of the FY 2010 construction projects are more than 12 months
behind schedule as defined in Attachment “1” of the Agenda Item; and
2) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Program; providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A” of the Agenda Item; implementation of the plan; modification of plan; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date.
SUMMARY: In accordance with
Traffic Performance Standards, Article 12, Chapter N, Section 5 of the present
Unified Land Development Code requires that concurrent with the adoption of the
annual Program, the Board of County Commissioners (Board) must determine that
the Findings of Fact (Findings) have been made.
The Findings have been made and are defined in Attachment “1” of the
Agenda Item. This is the annual update
of the County’s Program which is required to be considered each year by the
Program Ordinance. On November 1, 2011,
the Board approved this Ordinance on preliminary reading. Exhibit “A” to the Ordinance contains the
road projects to be undertaken by the County in the next five (5) years. Countywide (MRE)
C. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, waiving the annual renewal application requirement where the restricted use property classification has been applied for and granted under Section 193.501, Florida Statutes; providing for notice to property appraiser and penalties; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: The Property Appraiser has requested that the Board adopt this ordinance to waive the annual renewal application requirement where restricted use property classification has been applied for and granted, as provided under Section193.501, Florida Statutes. Waiving the annual renewal application for such classification will save public funds and the funds of owners of property entitled to such classification. This ordinance also provides for notice to the Property Appraiser of any changes in use and provides penalties. The Board has already waived the annual renewal application requirement for homestead and other property exemptions. Countywide (PFK)
NOVEMBER 15, 2011
4. PUBLIC
HEARINGS CONTINUED
D. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code Chapter 19, Article IX (Ordinance No. 2001-015, amended by Ordinance No. 2008-043, amended by Ordinance No. 2011-007); relating to taxicabs and other vehicles for hire (VFH), to be known as the vehicle for hire ordinance; providing for a moratorium extension; providing for repeal of laws in conflict; providing for a savings clause; providing for captions; providing for inclusion in the Code of Laws and Ordinances; providing for severability; providing for an effective date. SUMMARY: On October 18, 2011, the Board of County Commissioners (BCC) voted to amend the current VFH ordinance to extend the current moratorium that expires on November 25, 2011 for an additional six (6) months which will defer the acceptance of applications for the issuance of VFH business permits for new companies wishing to operate within Palm Beach County. The BCC approved the 1st Reading on the Ordinance amendment on November 1, 2011, and authorized staff to move forward for Final Reading. Public Safety will return to the BCC in December 2011 to advertise for public hearing amending the ordinance to include the remaining revisions discussed at the October 18, 2011 meeting. Countywide (GB)
E. Staff recommends
motion to adopt: a Resolution declaring intent to use the uniform method of collecting non-ad valorem
assessments which may be levied within the unincorporated area of Palm Beach
County for the cost of providing lot clearing and abating nuisances in
accordance with the Palm Beach County Property Maintenance Code; boarding and
demolition of unsafe structures; securing open and unsafe swimming pools; and
other property maintenance to eliminate nuisances on private real property,
commencing with the calendar year beginning January 1, 2012. SUMMARY: Adoption
of this Resolution allows the County to recoup actual costs and expenses
incurred when the County cleans up, improves, or eliminates a nuisance or
unsafe condition on a lot, parcel, or tract. Examples would include demolition
of an unsafe structure, securing an open pool, or lot clearing when a nuisance
is found. A levy of non-ad valorem
assessments for the costs will be placed against the benefitted property. Unincorporated (GDB)
F. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Sections 18-33 and 18-34 of the Palm Beach County Code (Ordinance No.
2006-012), to provide the inclusion of Sexual Offenders and Sexual Predators
convicted as such pursuant to the laws of other states and/or jurisdictions;
providing for inclusion in the Code of Laws and Ordinances; providing for
severability; providing for repeal of laws in conflict; and providing for an
effective date. SUMMARY: The Sheriff’s Office has requested
that the “Sexual Offender and Sexual Predator Residence Prohibition Ordinance
of Palm Beach County” (Ord. No. 2006-012) be amended to provide that sexual
predators and sexual offenders who have been designated as sexual predators and
sexual offenders in another state or jurisdiction be considered as sexual predators
or sexual offenders as if that offense had been committed in the State of
Florida. Unincorporated (DW)
G. Staff recommends
motion to adopt: an
Ordinance of the Board of County Commissioners of Palm Beach County, Florida,
amending Palm Beach County Code, Section 17-227(a), the Palm Beach County
Public Service Tax Ordinance to provide for verification by sellers of the
location of purchasers or consumers of goods subject to the public service tax;
providing for severability; providing for inclusion in the Code of Laws and
Ordinances and providing for an effective date. SUMMARY: In July 2011, the
Internal Auditor conducted an audit of a propane gas vendor to determine if
that vendor was collecting and remitting public service taxes to Palm Beach
County in accordance with the County’s public service tax ordinance. The
Auditor was unable to make a determination due to significant errors found in
the database being utilized by the vendor.
This resulted in an audit finding and recommendation that the OFMB
Director modify the existing ordinance to specify acceptable databases for
vendors to use to be in compliance. Countywide (PFK)
* * * * * * * * * * * *
NOVEMBER 15, 2011
A. ADMINISTRATION
1. Staff recommends
motion to:
A) receive and file the U.S. Department of Housing and Urban
Development (HUD) Offer of Commitment for a new Section 108 Loan in the amount
of $10,000,000, for the Palm Beach County Section 108 Loan Program; and
B) approve a Budget Amendment of $10,000,000 in the
Economic Development Fund to recognize the award.
SUMMARY: On March 1, 2011, the Palm Beach County Board of County Commissioners (BCC) adopted a Resolution (R2011-0330) authorizing the submittal of a Section 108 Loan Program application to increase the fund allocation of the Palm Beach County Section 108 Loan Program by $10 Million. In April 2011, the Economic Development Office (EDO) submitted a request for $10 Million Section 108 funds to HUD. EDO has received an Offer of Commitment from HUD. The Palm Beach County Section 108 Loan Program was developed to create a source of loan funding for use by businesses, investors, community and non-profit organizations, and economic development organizations to implement business ventures that will create new jobs and help revitalize communities. Over the last two (2) years the County’s Section 108 Loan Program has created 716 new jobs in Palm Beach County. No County funds will be pledged to complete any project funded by a Section 108 loan. These are Federal funds that do not require a local match. Countywide (DW)
B. COUNTY ATTORNEY
1. Staff recommends motion to adopt: a Bond Resolution authorizing the issuance of up to $4,600,000 Industrial Development Revenue Bonds (Classical South Florida, Inc. Project), Series 2011 (the “Bonds”). SUMMARY: Classical South Florida, Inc., a Florida non-profit corporation, (the “Company”) has applied for the issuance of industrial development revenue bonds by the County in an amount not to exceed $4,600,000. Proceeds of the Bonds will be used to make a loan to the Company to provide funds to refinance a conventional loan issued to the Company to acquire certain of the assets necessary to the operation of radio station WPBI (90.7 FM), including the licenses and permits necessary to operate such station, transmission equipment located at 6075 SR 7, Lake Worth, FL 33467; a studio site, located at 3401 South Congress Avenue, Boynton Beach, FL 33426, and broadcast translation facility located at 525 South Flagler Drive, West Palm Beach, FL 33401 and to refinance and finance related facilities located at the same locations. At the October 18, 2011 meeting, the Board approved the Company’s application for issuance of the Bonds and conducted the TEFRA public hearing. The Bonds will be payable from revenues derived from the Company. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Districts 3, 4 & 7 (PFK)
NOVEMBER 15, 2011
5. REGULAR
AGENDA
C. FIRE RESCUE
1. Staff recommends
motion to approve: a
Second Amendment to Interlocal Agreement for Fire Protection and Emergency
Medical Services with the City of Lake Worth (R2009-0607), contingent upon the
City adopting by December 20, 2011, the attached City Ordinance No. 2011-14 to
extend the City’s participation in the Fire/Rescue Municipal Service Taxing
Unit (MSTU). SUMMARY: Since October 1, 2009, the City has received
fire-rescue services from the County through the Fire/Rescue MSTU (Municipal
Services Taxing Unit), and a ten (10) year Interlocal Agreement for Fire
Protection and Emergency Medical Services (R2009-0607) as amended by the First
Amendment (R2011-1124) (collectively “Agreement”). The Agreement required the
City to make certain supplemental funding payments to the County to offset
costs of employing former City firefighters.
The City has defaulted on its supplemental funding obligations. This
Second Amendment resolves the supplemental funding dispute. The County waives
the past due and future supplemental funding payments; however, if the City
terminates the Agreement or its participation in the MSTU early, the City will
pay the County a portion of the total supplemental funding that would be due
under the full contract term. Certain reimbursement obligations are deleted and
other clarifications made. The Agreement is extended for an additional two (2) years.
This Second Amendment is contingent on the City adopting an ordinance to extend
its MSTU participation for two (2) additional years, which will fund services
through fiscal year 2021. The City is scheduled to adopt said ordinance on the
evening of December 6, 2011. Countywide
(SB)
D. PALM TRAN
1. Staff recommends
motion to approve: the Palm Tran Ten-Year 2011-2021 Transit
Development Plan (TDP) prepared by Kittelson & Associates, a consultant for
the Florida Department of Transportation (FDOT). Summary: On Oct 21, 2010, the Metropolitan Planning Organization
(MPO) of Palm Beach County amended the adopted Transportation Improvement Plan
(TIP) to allocate $300,000 in Federal Transit Administration (FTA) funds for
preparation of Palm Tran’s TDP update. These funds were transferred to FDOT by
the MPO for services of one of the FDOT consultants. FDOT selected Kittelson & Associates as
the consultant to conduct transit surveys and develop a major update to the Palm
Tran 2011-2021 TDP. The FDOT
requires a TDP in order for Palm Tran to maintain eligibility for state block
grant funding (the current FDOT funding is almost $4 million annually). Countywide (DR)
NOVEMBER 15, 2011
5. REGULAR
AGENDA
E. OFFICE OF THE INSPECTOR GENERAL
1. Staff recommends
motion to approve:
the addition of six (6) positions to the County’s personnel complement to
reflect six (6) positions the Office of Inspector General (OIG) is adding to
the OIG’s complement. SUMMARY:
The OIG has negotiated interlocal agreements with the Health Care District (District)
and Children’s Services Council (CSC) to have the OIG exercise the authority,
functions and powers granted by the Office of Inspector General Ordinance (IG
Ordinance) for the benefit of the District and CSC, effective January 1, 2012.
The OIG is also negotiating an interlocal agreement with the Housing Finance
Authority that will be brought before them for approval on November 17,
2011. The OIG needs six (6) positions to
accommodate this expansion of its jurisdiction. In addition, the OIG is
reorganizing operations to enhance its capacity to react timely to the needs of
the more than 40 entities it oversees.
The process of increasing the complement has created the opportunity to
use three (3) of the new positions for the reorganization. To accommodate the
expansion, three (3) existing positions and three (3) new positions will be
allocated. Funding for the expansion is
being provided through the Interlocal agreements. Funding for the
reorganization is available in the OIG’s FY 2012 budget. The Inspector General has
the power to appoint, employ and remove employees. The County has included the OIG employees in
its complement and therefore any increase in the OIG complement triggers an
increase in the BCC Complement which requires BCC approval. Countywide
(LB)
F. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends motion to approve:
A) an Agreement for Purchase and Sale with David
Neil DuBois, Michael Alan DuBois, and Daniel Edwards DuBois, as Tenants in
Common, to acquire 1.09 acres adjacent to DuBois Park for $400,000; and
B) a Budget Transfer of $405,000 from reserves
in the Waterfront Access Bond Fund to establish a project budget.
SUMMARY: This
Agreement is for the purchase of 1.09 acres of property located on DuBois Lane
adjacent to the County’s DuBois Park in an unincorporated portion of the Town
of Jupiter for a purchase price of $400,000. DuBois Park is one of the
most popular and overcrowded Parks within the County’s system. This
property is one of three (3) remaining outparcels within the logical ultimate
boundaries of the Park. The property has approximately 105 feet of water
frontage on the tidal lagoon area of DuBois Park. In April 2011, the
County obtained two (2) appraisals of the property with values of $325,000, and
$400,000 respectively. The Property Appraiser’s Office has assessed this
property at $174,768. The Sellers have total obligations encumbering their
interests in the property in excess of the purchase price and $400,000 was the
minimum price they were willing to accept. As the $400,000 proposed
purchase price is more than 110% above the average of both appraisals
($362,500), PREM Ordinance No. 2009-052 requires the County’s Property Review
Committee (PRC) to review the transaction. The PRC met on October 17,
2011, to evaluate this transaction and recommended that the County move forward
with the transaction at the negotiated price of $400,000. Funding for this
property acquisition will come from the 2004 voter approved $50 Million
Waterfront Access General Obligation Bond. This
transaction requires a supermajority vote (5 Commissioners) for approval. (PREM) District 1 (HJF)
NOVEMBER 15, 2011
5. REGULAR
AGENDA
G. PLANNING, ZONING & BUILDING
1. Staff
recommends motion to approve:
A) an Agreement with the Tax Collector for collection of
non-ad valorem assessments for Nuisance Abatement and safety related
properties;
B) an Agreement with the Property Appraiser to provide the
County with a list of special assessment properties by electronic medium for
Nuisance Abatement properties; and
C) an Assignment of Computer Tape between Palm Beach County
Information System Services (ISS) and the Property Appraiser to assign to ISS
the property information to be received from the Property Appraiser.
SUMMARY: On November 15, 2011, the Palm Beach County
Board of County Commissioners approved by Resolution, a Notice of Intent to
utilize the uniform method of collecting non-ad valorem assessments for the
cost of providing lot clearing, abatement of nuisances, and safety problems in
accordance with various County Ordinances and the Florida Building Code. Agreements
between the Tax Collector, the Property Appraiser and ISS are required to allow
the necessary flow of information to enable this billing procedure to be
implemented. Unincorporated (GDB)
* * * * * * * * * * * *
NOVEMBER 15, 2011
A. ADMINISTRATION
(South
Florida Regional Transportation Authority)
1. Staff recommends
motion to approve: reappointment of the following individual to the
South Florida Regional Transportation Authority (SFRTA) for a term of four (4)
years, beginning November 15, 2011, to November 14, 2015:
Nominee Seat No. Seat
Requirement Nominated
by:
Marie Horenburger 4 Palm
Beach County Resident with Comm.
Marcus
Business
or Civic Interest Comm.
Burdick
Comm. Vana
Comm. Abrams
Comm.
Aaronson
Comm.
Santamaria
Comm.
Taylor
SUMMARY: The SFRTA was
created pursuant to Section 343.53, Florida Statutes. The SFRTA is comprised of
nine (9) voting members: one (1) county commissioner each from Miami-Dade,
Broward and Palm Beach counties; one (1) citizen member (business/civic
interest) from each of the three (3) counties; the secretary of the Department
of Transportation; and two (2) citizens of any of the three (3) counties
selected by the Governor. On October 25,
2011, staff distributed a memo to the Board of County Commissioners requesting
support for the reappointment of Ms. Horenburger or requesting addition
nominees for consideration. The
Commissioners noted above support the reappointment of Ms. Horenburger. No
other nominations were received. Countywide (DR)
(Treasure Coast Regional Planning
Council)
2. Staff recommends
motion to ratify: the
following Palm Beach County League of Cities (League) representatives to the
Treasure Coast Regional Planning Council for a one (1) year term beginning
December 1, 2011, to November 30, 2012:
Nominees Seat
No. Requirement
Regular appointments:
Martha Webster 4 Palm
Beach County Official
Sam Ferreri 5 Palm
Beach County Official
Karen Golonka 6 Palm
Beach County Official
Carmine Priore 7 Palm
Beach County Official
Shelby Lowe 8 Palm
Beach County Official
Alternate appointments:
Joni Brinkman 4A Palm
Beach County Official
David Norris 5A Palm
Beach County Official
Jo-Ann Golden 6A Palm
Beach County Official
Kimberly Mitchell
7A Palm
Beach County Official
Ellen Andel 8A Palm
Beach County Official
SUMMARY: In accordance with the TCRPC Rules of
Order, the Board of County Commissioners (BCC) is requested to appoint their
members and alternates for the coming year before the Council’s annual meeting
on December 9, 2011. The BCC also ratifies the League’s members. The League
appointed the above municipal representatives at their October 26, 2011
meeting. Countywide (RPB)
NOVEMBER 15, 2011
6. BOARD
APPOINTMENTS
B. COMMUNITY
SERVICES
(Citizens Committee on
Health & Human Services)
1. Staff recommends motion to approve: reappointment of one (1) member and appointment of one (1) member to the Palm Beach County Citizens Advisory Committee on Health and Human Services (CAC/HHS) for a term commencing on November 15, 2011:
Reappointment
Nominee Category/Seat
No. Term Expires Nominated
by:
Dr. Richard Galeta PBC League of Cities/8 9/30/14 Comm. Marcus
Comm. Burdick
Appointment
Nominee Category/Seat
No. Term Expires Nominated
by:
Pamela Gionfriddo Support Services/11 9/30/14 Comm. Marcus Comm. Burdick
Summary: The Citizens Advisory Committee on Health and Human Services consists of eleven (11) members with at least one (1) member being a resident west of the 20 Mile Bend and at least one (1) member being a representative of the Palm Beach County League of Cities. Founding members were appointed for 1, 2 and 3 year terms with subsequent terms of three (3) years. Resolution R-2001-0913 requires the Executive Committee of the Citizens Advisory Committee to solicit and recommend member nominations for transmittal to the Board of County Commissioners. The Board of County Commissioners was notified by memo dated August 4, 2011, and requested to provide nominations for appointment. Countywide (TKF)
NOVEMBER 15, 2011
6. BOARD
APPOINTMENTS
B. COMMUNITY
SERVICES (Cont’d)
(Palm Beach County HIV Comprehensive AIDS
Resources Emergency Council)
2. Staff recommends
motion to approve: appointment/reappointment of the following
individuals to the Palm Beach County HIV Comprehensive AIDS Resources Emergency
(CARE) Council for a term of two (2) years with expiration dates as indicated:
|
Seat No. |
Reappointment |
Seat
Requirement |
Term
Expires |
|
28 |
Cindy Barnes |
State Medicaid Agency |
11/14/2013 |
|
20 |
Donald Hilliard |
Affected Community |
11/14/2013 |
|
29 |
Dr. Marlinda Jefferson |
State Part B Agency |
11/14/2013 |
|
7 |
Kimberly Rommel-Enright |
Social Service Provider |
11/14/2013 |
|
22 |
Rafael Abadia |
Affected Community |
11/14/2013 |
|
10 |
Rosalyn Collins |
Substance Abuse |
11/14/2013 |
|
|
|
|
|
|
Seat No. |
Appointment |
Seat
Requirement |
Term
Expires |
|
18 |
Melissa McGee |
Affected Community |
11/14/2013 |
Summary: The total membership shall be no more than 33
members, per Resolution No. 2011-1560.
Founding members were appointed for two (2) year terms with subsequent
terms of two (2) years. The HIV CARE Council nominations process is an open
process with publicized criteria and legislatively defined conflict of interest
standards. The six (6) reappointments and one (1) new appointment successfully
completed the HIV CARE Council nominations process, and the HIV CARE Council has
recommended their reappointments and appointment. Dr. Jefferson has disclosed
that she is employed by Minority Development and Empowerment, Inc. that
contracts with the County for outreach services. Ms. Rommel-Enright has
disclosed that she is employed by Legal Aid Society of Palm Beach County, Inc.
that contracts with the County for legal services. Ms. Collins has disclosed
that she is employed by Gratitude House, Inc. that contracts with the County
for substance abuse services. The HIV CARE Council provides no regulation,
oversight, management, or policy-setting recommendations regarding contracts.
Disclosure of these contractual relationships is being provided in accordance
with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. (Ryan White)
Countywide (TKF)
C. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
NOVEMBER 15, 2011
A. ADMINISTRATION
B. COUNTY
ATTORNEY
NOVEMBER 15, 2011
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER BURT AARONSON
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."
November 15, 2011 – 9:30 a.m.
FINAL
BOARD OF COUNTY
COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
NOVEMBER 15, 2011
PAGE ITEM
7 3A-1 DELETED: Staff recommends motion to approve: A) an Agreement with Neighbors Helping
Neighbors Project, Inc. …(Admin/OCR)
(Further staff review)
19 3H-9 DELETED: Staff
recommends motion to approve: a License Agreement for Use of Equipment
("Agreement") with Kettle Comfort, Inc., (FDO) (Will not be
rescheduled)
20 3H-13 DELETED: Staff recommends motion to approve: a Utility Easement Agreement in
favor of Florida Power & Light Company (FPL) for underground electrical
service to the County’s Central Detention Center (Stockade) in unincorporated
West Palm Beach. (FDO) (Further staff
review)
24 3K-3 REVISED TITLE & SUMMARY: Staff
recommends motion to approve: Contract
with Aquifer Maintenance and Performance Management Systems, Inc. (AMPS)
for the Systemwide Wellfield Rehabilitation
and Maintenance Project over a 12 month term in an amount not to exceed $577,159 with an option to renew for two (2) additional 12
month terms at current prices. Summary: On September 20, 2011, four
(4) bids were received for the Systemwide
Wellfield Improvements Project with, Aquifer Maintenance
and Performance Management, Inc. (AMPS) AMPS being the lowest responsive, responsible bidder in the amount of
$577,159. This contract will be
used for wellfield rehabilitation to
maintain adequate raw water supply to the Department’s water treatment plants.
Contract award is for a 12 month term with an option to renew for two
(2) additional 12 month terms at current prices. The contract is for a not to exceed amount of
$577,159, based on the anticipated use, and the projects will be ordered on a
priority basis. Work will be assigned during the 12 month contract period by formal Construction Delivery Orders
(KDOs) drawn against this continuing contract with the project cost identified
in each KDO. The unit prices contained in this contract will be used in
determining the cost of these KDOs. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15% overall. This contract with AMPS
provides for SBE participation of 100% overall.
AMPS is a Palm Beach County Company and a certified SBE contractor. (WUD Project No. 11-005/VMG) Districts 2, 3, 5 & 6 (JM) (WUD)
38 5F-1* DELETED: Staff
recommends motion to approve: A) an Agreement for Purchase and Sale with David
Neil DuBois, Michael Alan DuBois, and Daniel Edwards DuBois, as Tenants in
Common, to acquire 1.09 acres adjacent to DuBois Park for $400,000; and…(FDO)
(Postponed until December 6, 2011)
39 5G-1 DELETED:
Staff recommends motion to approve: A)
an Agreement with the Tax Collector for collection of non-ad valorem
assessments for Nuisance Abatement and safety related properties;…(PZB)
(Further staff review)
40 6A-2 REVISED TITLE: Staff recommends motion to ratify: the following Palm Beach County League
of Cities (League) representatives to the Treasure Coast Regional Planning
Council for a one (1) year term beginning December 1, 2011, to November 30,
2012: (Admin)
Nominees Seat
No. Requirement
Alternate
appointments:
Joni Brinkman 4A Palm Beach County Official
David Norris 5A Palm
Beach County Official
Jo-Ann Golden 6A Palm Beach County Official
Kimberly Mitchell 7A Palm
Beach County Official
Ellen Andel 8A Palm
Beach County Official
44 8F ADD-ON: Request approval to present off-site, a Proclamation
honoring Senator Lizbeth Benacquisto’s dedicated service to Palm Beach County.
(Sponsored by Commissioner Santamaria)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).