BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 6, 2011
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 6)
3. CONSENT
AGENDA (Pages 7 - 28)
4. REGULAR
AGENDA (Pages 29 - 33)
TIME
CERTAIN - 9:45 A.M. (Clerk’s Presentation on Tax Watch Special Report)
(Page 30)
TIME CERTAIN – 10:00 A.M. (Redistricting) (Page 30)
TIME CERTAIN - 2:15 P.M. (Transit Oriented Development) (Page 32)
TIME CERTAIN – 3:00 P.M. (Okeechobee Boulevard Landscaping) (Page 31)
5. BOARD
APPOINTMENTS (Page 34)
6. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page 35)
7. STAFF
COMMENTS (Page 36)
8. COMMISSIONER
COMMENTS (Page 37)
9. ADJOURNMENT (Page 37)
* * * * * * * * * * *
DECEMBER 6, 2011
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 6
2C-1 Mike Arts Day
2C-2 Certificate of Appreciation to Faith, Hope,
Love, Charity, Inc.
2C-3 Arbor Day
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Receive
and file executed agreements relative to the Ameliascapes, Inc. Section 108
Loan
Page 8
3A-2 Memorandum
of Understanding with Florida First Capital Finance Corporation relative to
Small Business Administration 504 loans
3A-3 Resolution from Miami-Dade Board of County
Commissioners urging Florida counties to enact ordinances regulating scrap
metals
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Contract with J.W. Cheatham, LLC for
construction of West Atlantic Avenue (Lyons Road to Starkey Road)
Page 9
3C-2 Consent and Subordination of Permanent
Embankment Easement for Lyons Road in favor of Lake Worth Drainage District
3C-3 Receive
and file report of plat recordations (April – September 2011)
3C-4 Deleted
3C-5 Contract
with Southwide Industries, Inc. for annual pavement marking services
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 9
3E-1 Amendment
No. 1 with Area Agency on Aging relative to Older Americans Act program
Page 10
3E-2 Consulting/Professional Services Contract
with Caregiver Services, Inc. for health services to Head Start/Early Head
Start children
3E-3 Head Start Contracted Services Expansion
Agreements with seven (7) agencies for services to Head Start/Early Head Start
children and families
Page 11
3E-4 Contracts
with seven (7) financially assisted agencies for various services, programs,
activities
Page 12
3E-5 Head Start/Early Head Start Contracted
Services Agreements to 14 agencies for services to Head Start/Early Head Start
children and families
F. AIRPORTS
Page 13
3F-1 First
Amendment to License Agreement with Transportation Security Administration for
use of space at PBIA
3F-2 License Agreement with Centerport, Inc. for
use/occupancy of space at PBIA
DECEMBER 6, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 14
3F-3 Amendment
No. 6 with Ricondo & Associates for professional planning and design
services related to Airports Capital Improvement Program
Page 15
3F-4 Second
Amendment and other documents related to Sale and Purchase of Easement with
RaceTrac Petroleum, Inc.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Resolution
regarding membership on the Contract Review Committee
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Amendment
No. 3 to the annual electrical contracts with six (6) contractors
Page 17
3H-2 Amendment No. 3 to the annual heating
ventilation air conditioning contracts with six (6) contractors
3H-3 Modification No. 3 to Subgrant Agreement with
FL Division of Emergency Management relative to the Hazard Mitigation Grant
Program
Page 18
3H-4 Amendment
No. 1 to annual roofing contracts with seven (7) contractors
3H-5 Receive and file notice to exercise second
option to extend Concessionaire Service Agreement with Dania Pier Management
Corp. relative to Juno Beach pier
Page 19
3H-6 Resolution/Agreement with U.S. Department of
Commerce (NOAA) for continued use of County communications tower
3H-7 Second Amendment to Lease to extend food
services at County’s Vista Center with Robert Weatherbee (The Sub Division)
Page 20
3H-8 Memorandum of Understanding between DOA, FDO
and WUD related to sale of an easement for water utility purposes across 5th
Street
3H-9 Utility Easement Agreement in favor of FPL
for underground electrical service to Central Detention Center
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Amendment No. 1 with West Jupiter Community
Group, Inc. relative to construction of classrooms at the tutorial center
3I-2 Consent for County employee Henry Nwankwor
to purchase home with Community Land Trust of Palm Beach County, Inc.
3I-3 Receive
and file documents relative to the Westgate Plaza Apartments program
Page 22
3I-4 FY 2011-2012 Agreements with U.S.
Department of Housing and Community Development for the Community Development
Block Grant, Emergency Shelter Grants, and HOME Investment Partnership programs
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 22
3K-1 Potable
Water and Wastewater Development Agreement with Fairways, LLC
Page 23
3K-2 Receive
and file Standard Development Agreement with Faith Cathedral Worship Center
3K-3 First Amendment to Potable Water and
Wastewater Development Agreement with Community Land Trust of Palm Beach County
3K-4 Contract
with Foster Marine Contractors for WTP No. 9 surficial production wells
DECEMBER
6, 2011
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 24
3K-5 Declaration of Easement in favor of WUD for
reclaimed water main to FPL West County Energy Center
3K-6 Work Authorization No. 41 with Globaltech
for SROC deep injection well membrane concentrate blending project
3K-7 Alternative Water Supply Agreement with
SFWMD for Lake Region Floridan Well Field improvement project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Receive
and file five (5) original documents for Dept. of Environmental Resources
Management
M. PARKS & RECREATION
Page 26
3M-1 Amphitheater Rental Agreement with AEG Live
SE, LLC for “My Morning Jacket” concert
3M-2 Resolution/First
Amendment with Northern Palm Beach County Chamber of Commerce for use of space
near Burt Reynolds Park
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 27
3S-1 Resolution authorizing signatory delegation
for standard license agreements for training at County’s Fire Rescue Regional
Training Center
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 27
3X-1 Deleted
3X-2 Contract
with Stephanie Lippman for psychological services at the Division of Youth
Affairs
3X-3 FY
2011-2012 Victim of Crime Act Grant Agreement with FL Office of the Attorney
General
Page 28
3X-4 Receive
and file six (6) contracts with agencies for drug treatment and testing
services
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 28
3AA-1 Resolution to convey 11 buses to the City of
Gainesville
DECEMBER
6, 2011
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 29
4A-1 Energy
Efficiency Conservation Loan Program Agreement with Doctors Scientific Organica
4A-2 Lobbyist
Registration Ordinance
Page 30
4A-3 Commission
redistricting – TIME CERTAIN 10:00 A.M.
CLERK
& COMPTROLLER
Page 30
4B-1 TaxWatch
Special Report Presentation – TIME
CERTAIN 9:45 A.M.
ENGINEERING
& PUBLIC WORKS
Page 30
4C-1 Municipal
Service Taxing Unit Ordinance
Page 31
4C-2 Okeechobee
Boulevard landscaping – TIME CERTAIN
3:00 P.M.
FACILITIES
DEVELOPMENT & OPERATIONS
Page 31
4D-1 Resolution conveying two (2) surplus
properties to HFHSPBC CLT, Inc. (f/k/a Habitat for Humanity of South Palm Beach
County)
Page 32
4D-2 Agreement
for Purchase and Sale for 1.09 acres adjacent to DuBois Park
4D-3 Transit
Oriented Development – TIME CERTAIN 2:15
P.M.
PUBLIC
SAFETY
Page 33
4E-1 Vehicle
for Hire Ordinance
COUNTY
ATTORNEY
Page 33
4F-1 2012
General Election Referendum relative to slot machine gaming
BOARD
APPOINTMENTS (Page 34)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 35)
STAFF
COMMENTS (Page 36)
COMMISSIONER
COMMENTS (Page 37)
ADJOURNMENT (Page 37)
DECEMBER 6, 2011
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring December 6, 2011
as “M.J. Mike Arts Day” in Palm Beach County. (Sponsored by Commissioner
Abrams)
2. Certificate
of Appreciation to Faith, Hope, Love, Charity, Inc. for the support services
provided to Palm Beach County veterans and their families. (Sponsored by
Commissioner Taylor)
3. Proclamation
declaring January 22, 2012 as “Arbor Day” in Palm Beach County. (Sponsored by
Commissioner Vana)
* * * * * * * * * * * *
DECEMBER 6, 2011
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Executed Agreements with Ameliascapes, Inc. under the Palm Beach County Section 108 Loan Program:
A) Loan Commitment letter from Palm Beach County to Ameliascapes, Inc. dated November 9, 2010, for a $198,000 Section 108 Loan;
B) Request for Advance dated February 11, 2011, from Palm Beach County to U.S. Department of Housing and Urban Development (HUD) for a Section 108 Loan in the amount of $198,000, under Loan Commitment No. B-08-UC-12-0004, for Ameliascapes, Inc.;
C) U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program Variable/Fixed Rate Note B-08-UC-12-0004 for Ameliascapes, Inc. in the amount of $198,000;
D) Palm Beach County Section 108 Promissory Note dated February 10, 2011, in the amount of $198,000;
E) Section 108 Loan Program Agreement dated February 10, 2011, to grant financing with a Section 108 Loan in the amount of $198,000;
F) State of Florida Uniform Commercial Code Financing Statement Form recorded with the Palm Beach County Clerk & Comptroller on August 10, 2011;
G) State of Florida Uniform Commercial Code Financing Statement Form filed with the State of Florida on April 8, 2011;
H) Mortgage Title Insurance Policy MF6-4009850 for $198,000 in favor of Palm Beach County, issued by Old Republic National Title Insurance Company through Horizon Title Services, Inc. effective August 10, 2011;
I) Mortgage and Security Agreement dated February 10, 2011, and recorded with the Palm Beach County Clerk and Comptroller on August 10, 2011, in the amount of $198,000;
J) Loan Agreement dated February 10, 2011, in the principal amount of $198,000 for the acquisition of machinery and equipment, working capital and financing of soft costs;
K) Security Agreement dated February 10, 2011, in the amount of $198,000;
L) Guaranty Agreement for Palm Beach County dated February 10, 2011, to make a loan in the total principal amount of $198,000;
M) Subordination Agreement dated February 10, 2011, to subordinate the subordinated indebtedness to the interests of Palm Beach County;
N) Landlord Consent to Assignment and Assumption of Agricultural Lease Agreement dated January 11, 2011, for Tenant (Ameliascapes, Inc.) to grant its right, title and interest as Tenant;
O) Further Assurances dated February 10, 2011, to execute other documents and assurances, and correct errors or omissions in connection with the $198,000 Section 108 Loan;
P) Letter of Opinion from Borrower’s Counsel to Palm Beach County and County’s Counsel dated February 10, 2011;
Q) Letter of Opinion from County’s Counsel to Palm Beach County dated February 10, 2011; and
R) Letter of Opinion from County’s Counsel to the Secretary of HUD dated February 10, 2011.
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 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 3 (DW)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. Staff recommends motion to approve: a Memorandum of Understanding (MOU) with Florida First Capital Finance Corporation, Inc. establishing a mutual working relationship for the processing of Small Business Administration 504 loans. SUMMARY: The Palm Beach County Economic Development Office (EDO) administers various loan programs including the Housing & Urban Development Section 108 Loan Program which provides subordinate financing at rates lower than conventional financing. Frequently, Section 108 loans are used in conjunction with the Federal Small Business Administration 504 Loan Program. This MOU will provide additional revenue to EDO to offset Administrative Costs. There is no local match required. Countywide (DW)
3. Staff recommends
motion to receive and file: Resolution No. R-910-11 of the Miami-Dade
Board of County Commissioners, urging Florida counties that have not already
enacted ordinances regulating scrap metals to do so.
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular October
4, 2011
Regular October
18, 2011
Zoning October
27, 2011
Regular November
1, 2011
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during September 2011. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Contract with J.W. Cheatham, LLC, (Cheatham), the lowest, responsive, responsible bidder in the amount of $5,307,642.62 for the construction of West Atlantic Avenue, west of Lyons Road to Starkey Road (Project). SUMMARY: Approval of this Contract will allow Palm Beach County (County) to issue a Notice to Proceed to Cheatham, a Palm Beach County contractor, to begin construction of the Project. The Small Business Enterprise (SBE) goal for all projects is 15%, but the responsive bidders cannot be ranked for SBE compliance for this Project due to State funding restrictions. However, the SBE participation proposed for the Project by Cheatham is 15.1 %. District 5 (MRE)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends motion to approve: a Consent and Subordination of Permanent Embankment Easement for Lyons Road located within the boundaries of the Lake Worth Drainage District (LWDD) L-37 Canal. SUMMARY: Approval of this item will allow a Consent and Subordination of Permanent Embankment Easement in favor of LWDD, which will subordinate Palm Beach County’s interest in a portion of a ten foot embankment easement located at the LWDD L-37 Canal and Lyons Road. District 5 (MRE)
3. Staff recommends motion to receive and file: a report of plat recordations from April 1, through September 30, 2011. SUMMARY: This is a bi-annual summary of subdivision plats recorded during the past two fiscal quarters as required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (MRE)
4. DELETED
5. Staff recommends motion to approve: a Contract not to exceed the total value of $3,050,000 for task orders which may be issued for the Annual Pavement Marking Contract (Contract), Project No. 2012055, with Southwide Industries, Inc. (Contractor), the lowest, responsive, responsible bidder. SUMMARY: Approval of this Contract will provide for the furnishing and installation of pavement marking material, raised reflectorized pavement markers, and traffic paint on various Palm Beach County roadways on an as needed basis. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the project by the Contractor is 100% overall and the Contractor is a Palm Beach County business. The contract is effective for 18 months from the award date. Countywide (MRE)
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file: Amendment No. 001 to Standard
Agreement No. IA111-9500 (R2011-0354) for the Older Americans Act (OAA) grant
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the
period January 1, 2011, through December 31, 2011, to reflect a decrease in
total funding amount by $44,127, for a new not to exceed total amount of $2,044,681,
and to include transfers between titles; amend Section 5 to allow for
Agreement extension; revise Attachment I and VII to reference the Budget
Summary; and replace the OAA Supporting Budget Schedule, Attachment VII with
the OAA Budget Summary, Attachment VII. Summary: This Amendment will increase IIIB In-Home
Services by $112,732, decrease IIIC1 Congregate Meals by $78,903, IIIC2 Home
Delivered Meals by $76,023, IIIE Adult Day Care by $1,933, and required County
funds by $4,903. Funding is included in the budget to meet County
obligations. This Amendment was 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. Employee
Jamie Estremera-Fitzgerald, serves on a County Advisory Board, the Criminal
Justice Mental Health & Substance Abuse Planning Council. The Board/Council
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 Rd., the Mae Volen Senior 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)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff
recommends motion to approve: Consulting/Professional Services
Contracts with Caregiver Services, Inc., d/b/a Friends Assisting Seniors &
Families, for the period of October 1, 2011, through September 30, 2012, in an
amount totaling $122,560 for health services to Head Start and Early Head Start
children:
A) $34,280
for Early Head Start services;
B) $34,280
for Early Head Start Expansion services; and
C) $54,000
for Head Start services.
Summary: The Division of Head Start has
received funds from the Department of Health and Human Services (HHS) to
provide health services. As a result,
Head Start is contracting with Caregiver
Services, Inc., d/b/a Friends Assisting Seniors & Families to provide health services to Head Start and Early Head
Start children. The contract is funded through a combination of Federal grant
and County funds. (Head Start) Countywide (TKF)
3. Staff recommends
motion to approve: Head
Start Contracted Services Expansion Agreements with the below listed agencies for
the period of October 1, 2011, through September 30, 2012, in an amount
totaling $1,255,131 for services to Head Start and Early Head Start children
and families:
A) The
Union Missionary Baptist Church, Inc. (Day Care Center) will provide services
for up to 35 Head Start children, for a total of $156,761;
B) Community
Child Care Center of Delray Beach, Inc. d/b/a Achievement Centers for Children
and Families will provide services for up to 37 Head Start children, for a
total of $207,102;
C)
Apostolic Child Development Centers, Inc. will provide services for up
to 14 Early Head Start children, for a total of $122,909;
D) The
King’s Kids Early Learning Center, Inc. will provide services for up to 18 Head
Start children, for a total of $104,413;
E) Kidz
Kaleidoscope Center for Early Learning, Inc. will provide services for up to 32
Head Start children, for a total of $179,116;
F)
Tender Love & Care Child Development Center, Inc. will provide
services for up to 32 Head Start children, for a total of $179,116; and
G)
Family Central, Inc. will provide services for up to 40 Early Head Start
children, for a total of $305,714.
Summary: The Division of Head Start has
received funds from the Department of Health and Human Services (HHS) to
provide child care services. As a
result, Head Start is contracting with the above listed agencies to provide
services. The agreements are
funded through a combination of Federal grant and County funds. (Head Start) Countywide (TKF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve: Contracts with seven (7) financially assisted
agencies totaling $898,618 for the
indicated activities, for the period October 1, 2011, through September 30,
2012:
A) City
of Pahokee – $131,364 for Fresh Start/Wellness Opportunities for youth and
seniors in the city;
B) Deaf Service Center of
Palm Beach County, Inc. ‑ $73,161 for Assistive Communications Equipment
for seniors;
C) Deaf Service Center of Palm Beach County,
Inc. - $146,721 for Resource & Community Education and Client Assistance
& Advocacy;
D) Gulfstream Goodwill Industries, Inc. ‑
$44,768 for Homeless Residential Employment Services;
E)
Gulfstream Goodwill Industries, Inc. ‑
$123,757 for Alternative to Secure Detention services for youth involved in the
juvenile justice system;
F) Inter-Cultural Family Health
Education Center, Inc. – $239,105 for A Stitch in Time providing services to
Haitian-American immigrants in Palm Beach County;
G) Wayside House, Inc. - $139,742 for residential substance abuse treatment services for women.
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. Other contracts will be forthcoming upon
receipt of all the required information.
(Financially Assisted Agency Program)
Countywide (TKF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve: Head
Start/Early Head Start Contracted Services Agreements with the below-listed
agencies for the period of October 1, 2011, through September 30, 2012, in an
amount totaling $6,657,608 for services to Head Start and Early Head Start
children and families:
A) The
Union Missionary Baptist Church, Inc. (Day Care Center) will provide services
for up to 37 Head Start children, for a total of $214,627;
B) The
YWCA of Palm Beach County, Florida will provide services for up to 84 Head
Start children, for a total of $541,632;
C) Hispanic
Human Resources Council, Inc. will provide services for up to 261 Head Start
children, for a total of $1,682,647;
D) Hispanic
Human Resources Council, Inc. will provide services for up to 24 Early Head Start children, for a total of $210,701;
E) Emmanuel
Child Development Center, Inc. will provide services for up to 20 Early Head
Start children, for a total of $166,805;
F) A
Step Above Learning Center, Inc., (d/b/a A Step Above Early Learning Center)
will provide services for up to 20 Head Start children, for a total of
$116,014;
G)
Apostolic Child Development Centers, Inc. will provide services for up
to 24 Early Head Start children, for a total of $210,701;
H)
Apostolic Child Development Centers, Inc. will provide services for up
to 78 Head Start children, for a total of $483,793;
I) Florence
Fuller Child Development Centers, Inc. will provide services for up to 22 Early
Head Start children, for a total of $183,485;
J) Florence
Fuller Child Development Centers, Inc. will provide services for up to 156 Head
Start children, for a total of $1,005,719;
K)
Education Development Center, Inc., (d/b/a My First Steps Preschool)
will provide services for up to 82 Head Start children, for a total of
$475,659;
L) The
King’s Kids Early Learning Center, Inc. will provide services for up to 33 Head
Start children, for a total of $191,424;
M) The
School Board of Palm Beach County will provide services for up to 185 Head
Start children, for a total of $1,052,115; and
N)
Family Central, Inc. will provide services for up to 16 Early Head Start
children, for a total of $122,286.
SUMMARY: The Division of Head Start has received funds from the Department of
Health and Human Services (HHS) to provide child care services. As a result,
Head Start is contracting with the above listed agencies to provide services. The agreements are funded through a
combination of Federal grant and County funds. Executive
Director for Florence Fuller Child Development Centers, Inc., Lorraine Herdeen,
serves on the Child Care Advisory Council.
The Board/Council provides no regulation, oversight, management, or
policy-setting recommendations regarding the Head Start/Early Head Start
Contracted Services Agreements. 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.
(Head Start) Countywide (TKF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to
approve: a First Amendment to
the License Agreement (R2010-1839) (Agreement) with the United States of
America, acting through the Transportation Security Administration (TSA),
providing for the addition of space for TSA’s radio repeater equipment at the
Palm Beach International Airport (PBIA) at no cost to the TSA. SUMMARY: This
Amendment provides the TSA with a non-exclusive license to use space within the
PBIA terminal building for the installation, maintenance and operation of
necessary radio repeater equipment. This Amendment also corrects the effective
date of the Agreement by changing it from December 1, 2010, to December 20,
2010, which is the date the TSA approved the Agreement. Countywide (AH)
2. Staff recommends
motion to receive and file: a License Agreement with
Centerport, Inc. (Centerport) commencing October 6, 2011 and expiring September
30, 2012, for the use and occupancy of space at 1310-A North Perimeter Road, at
the Palm Beach International Airport (PBIA), for payment of a license fee in
the amount of $3,166.96 per month. SUMMARY: Delegation of
authority for execution of the standard license agreement was approved by the
Board in R2007-2070. This License Agreement provides for the use of
approximately 4,471 square feet space within the PBIA cargo building 1300, for
use solely for the storage of materials and equipment in connection with
Centerport’s cargo operation at PBIA. Countywide (AH)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve:
A) Amendment
No. 6 to the General Consulting Agreement with Ricondo & Associates, Inc.
for Consulting/Professional Services in the amount of $2,923,545 for the
continued performance of professional planning and design services related to
the approved Palm Beach County Airports Capital Improvement Program; and
B) a
Budget Amendment of $555,728 in the Airports Improvement and Development Fund
to recognize FAA grant revenue of $555,728 and to increase Airport Reserves to
provide budget to fund the Consulting Agreement.
SUMMARY: The Consulting Agreement (R2009-1643)
with Ricondo & Associates, Inc. for general airport planning and design was
approved on October 6, 2009 in the amount of $1,723,324 in order to carry out
the approved Capital Improvement Programs for the County’s Airports. The agreement is for two (2) years with two
(2) - one (1) year renewal options. Amendments 1-5 were approved for a net
increase in the amount of $3,140,227. Additionally, Amendment No. 5 exercised the
first one (1) year renewal option. Approval of Amendment No. 6 in the amount of
$2,923,545 will provide funds to complete the following tasks and services: Task I
Services –
Palm Beach International
Airport (PBIA) Terminal Flooring Replacement – Supplement for Construction
Administration Services, PBIA PFC Application, PBIA Security Enhancements –
Design Phase Services, PBIA Roof Leak Investigation (Concourse C Security
Checkpoint), PBIA Terminal Air Handler Unit Options Analysis, PBIA
Diverted/Large Aircraft Analyses, PBIA Terminal Flooring – Phase II
Installation, PBIA Signature Leasehold Site Plan Review, PBIA Terminal Restroom
Renovation - Planning and Programming, PBIA Terminal Chiller & Cooling
Tower Replacement Design, PBIA Common Use Business Case & Program
Definition Study, Palm Beach County Park Airport (LNA) Miscellaneous Pavement
Design (Supplement No. 1), LNA Wildlife Hazard Assessments, LNA South Side
Redevelopment Planning, North Palm Beach County General Aviation Airport (F45)
Rail Spur Alternatives (Supplement No. 1 – Civil & Wetland Mitigation
Analyses), F45 Wetland Wildlife Hazard Remediation (Supplement No. 1), F45
Taxiway D Extension – Design Services, F45 Wildlife Hazard Assessments, and
Palm Beach County Glades Airports (PHK) Airfield Electrical Upgrades, PHK Apron
Pavement Rehabilitation Design; Task II Services – 2011 Annual Facilities
Inspections; Task III Services –
Miscellaneous Financial Services; Miscellaneous Architectural, Engineering and
Planning Services, and Miscellaneous Environmental Consulting Services. Ricondo & Associates, Inc. is a Chicago,
Illinois based firm. Approximately 33%
of the work associated with tasks in this Amendment will be completed by firms
with Palm Beach County offices. Certain
tasks performed during the term of this Amendment may be eligible for State and
Federal grant participation. The
Disadvantaged Business Enterprise (DBE) goal for the agreement was established
at 25.00%. The DBE participation for this Amendment is 32.77%. The total DBE participation to date is 11.87%. A corrective
action plan to increase DBE participation under this agreement has been
approved by the Department. Countywide (JCM)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to:
A) approve a Second Amendment to
Agreement for Sale and Purchase of Easement with RaceTrac Petroleum, Inc.
(RaceTrac) (Second Amendment), replacing the form of the Easement Agreement to
be purchased by RaceTrac; and
B) approve the execution of the
Easement Agreement with RaceTrac; and
C) approve a Letter of Release
(Release) from the Federal Aviation Administration (FAA), releasing a .046 acre
portion of Parcel 9L-W-123 consisting of two parcels of Airport property,
containing 350 square feet and 1,650 square feet (Wallis Road Property), from
federal grant agreements; and
D) approve a Declaration of
Easements, Covenants and Restrictions (Declaration), imposing easements and
restrictions on the Wallis Road Property, to comply with the FAA’s conditions
as set forth in the Release; and
E) adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida; designating the
Wallis Road Property for use by the general public for public street purposes,
subject to the Declaration; and
F) approve the RaceTrac Petroleum
at Haverhill and Wallis Plat, creating the plat of approximately 1.96 acres,
including 1.61 acres of RaceTrac’s development property and .35 acres of County
property.
SUMMARY: On January 13,
2009, the Board approved the Agreement for Sale and Purchase of Easement with
RaceTrac (R2009-0078) (Agreement) for the sale of an easement to RaceTrac on
approximately .35 acres of County property west of the Palm Beach International
Airport for $64,000 and an avigation easement over RaceTrac’s property.
As a condition of development approval, RaceTrac is required to plat the entire
proposed development property, including the RaceTrac property, plus the
easement, as one tract. The Second Amendment replaces the Easement Agreement
form to address concerns relating to liability and subdivision of the property
as a result of the platting. The Release establishes conditions including
height restrictions and a prohibition of activities that would interfere with
landing or taking off of aircraft and releases the Wallis Road Property from FAA
Airport Improvement Program Grant Assurances. The Declaration memorializes the conditions, as set forth in the
Release, in the public records. The Resolution designates the Wallis Road
Property for use by the general public for public street purposes, subject to
the Declaration. Engineering has approved both the Declaration and
Resolution. The County is signing the plat as one of the property
owners. Countywide (HJF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving revised PPM No. CW-F-050, to change the
membership on the Contract Review Committee; rescinding Resolution R91-810 to
the extent of any conflict with this Resolution and providing an effective
date. SUMMARY: At its meeting on November 1, 2011, the Board
discussed the composition of the Contract Review Committee (CRC). Pursuant to Resolution R91-810, the CRC
consists of three (3) permanent voting members:
County Engineer, County Attorney and Director of Contract
Administration/OFMB Department. During the
meeting in November, the Board directed staff to add another position to the
CRC. This position is to be a representative from the community with general
contracting experience or an attorney experienced in construction law. PPM No. CW-F-050 is being revised to include
the new member and to remove the requirement that the CRC include a Board
member. Countywide (PFK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 3 to the Annual Electrical Contracts:
A) BK
Electric, Inc. (R2009-2057) SBE/Local, $8,030 awarded, 100% SBE;
B) Davco Electrical Contractors Corporation
(R2009-2056) Non-SBE/Local, $549 awarded, 0% SBE;
C) Global Communications & Electrical
Systems, Inc. (R2009-2058) SBE/Local, $1,055 awarded, 100% SBE;
D)
Knight Electric Co., Inc. (R2009-2128) Non-SBE/Local, $4,035 awarded, 0%
SBE;
E) Langer Electric Company (R2009-2060)
Non-SBE/Broward, $12,754 awarded, 35.70% SBE; and
F) RCI
Electric, Inc. (R2009-2059) SBE/Local, $2,760 awarded, 100% SBE.
SUMMARY: These six (6)
contractors were prequalified to provide electrical services with a maximum
cumulative value of $1,000,000 and were approved by the Board on December 1, 2009,
as amended, with Knight Electric Co., Inc. being approved by the Board on
December 15, 2009, as amended. Staff is
bringing forward the amendment at this time based on the expiration of the term
retroactive to November 30, 2011 and extending through November 30, 2012.
Knight Electric Co., Inc.’s is being brought forth based on the expiration of
the term as of December 14, 2011. Work is authorized through either an
emergency work order or through competitive bidding when required during the
term of these contracts. The original contracts provided for an initial one (1)
year term with four (4) – one (1) year renewal options. Amendment No. 3 will
provide for continued services during the second renewal period. These contracts
have a Small Business Enterprise (SBE) participation goal of 15%. During the
first year of the contracts, the combined SBE participation has been 97.70%.
(FD&O Admin) Countywide (JM)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Amendment No. 3 to the Annual Heating Ventilation
Air Conditioning (HVAC) Contracts:
A) Farmer and Irwin Corporation (R2010-0066)
Non-SBE/Local, $45,006 awarded, 0% SBE;
B) Horizon Air Conditioning, Inc. (R2010-0067)
SBE/Local, $2,256 awarded, 32.91% SBE;
C) Kerney & Associates, Inc. (R2010-0069)
SBE/Local, $75,563 awarded, 100% SBE;
D) Precision Air Systems, Inc. (R2010-0065)
Non-SBE/Local, $21,953 awarded, 0% SBE;
E) Stokes Mechanical Contractors, Inc.
(R2010-0068) SBE/Local, $118,299.86 awarded, 97.04% SBE; and
F) The Airtex Corporation (R2010-0070) SBE/Local, $39,654 awarded,
75.41% SBE.
SUMMARY: These six (6)
contractors were prequalified to provide HVAC services with a maximum
cumulative value of $2,000,000 and were approved by the Board on January 12,
2010, as amended. Staff is bringing forward these amendment at this time based
on expiration of the term. Work is authorized through either an emergency work
order or through competitive bidding when required during the term of these
contracts. The original contracts provided for an initial one (1) year term
with four (4) – one (1) year renewal options. Amendment No. 3 will provide for
continued services during the second renewal period. These contracts have a
Small Business Enterprise (SBE) participation goal of 15%. During the first
year of the contracts, the combined SBE participation has been 57.80%.
(FD&O Admin) Countywide (JM)
3. Staff recommends
motion to approve: Modification No. 3 to Subgrant Agreement (R2008-0048)
with Florida Division of Emergency Management (DEM) providing for reimbursement
of staff costs. SUMMARY: Following
Hurricane Wilma in 2005, the United States Department of Homeland
Security-Federal Emergency Management Agency (FEMA) made available Hazard
Mitigation Grant Program funds for projects designed to mitigate the hazards of
disaster events relative to critical governmental facilities. A grant was approved for the work relating to
the purchase and installation of impact resistant glass on all windows and
doors for the Governmental Center, State Attorney/Public Defender (SA/PD), and
Main Courthouse, which was subsequently revised to remove the Governmental
Center from the project. As the County
provided full time on site project supervision due to the highly restricted and
sensitive nature of the facility both to provide monitored access and general
oversight of contractor activities for the entire duration of the project, the
Agreement is being modified to allow for reimbursement for the staff time. DEM has agreed in writing to reimburse the
County for the costs, but requires the County to sign the modification
first. (Capital Improvements Division) Countywide/District
7 (JM)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Amendment No. 1 to Annual Roofing Contracts:
A) Advanced
Roofing, Inc. (R2010-1994), Non SBE/Broward, $29,300, 0% SBE;
B) Foster Construction Group, Inc.
(R2010-1998) Non SBE/Miami-Dade, $0, 0% SBE;
C) Hi-Tech Roofing & Sheetmetal, Inc.
(R2010-1993) SBE/Local, $129,601, 100% SBE;
D) Roofing
Concepts Unlimited of Florida, Inc. (R2010-1997) Non SBE/Broward, $55,013, 0% SBE;
E) Tecta America South Florida, Inc. (R2010-1995) Non SBE/Broward, $14,333, 0% SBE;
F) Triple M Roofing Corporation (R2010-1999)
Non SBE/Broward, $3,250, 0% SBE; and
G) Tri State Roofing & General
Contractors, LLC. (R2010-1996) SBE/Local, $72,000,
100% SBE
SUMMARY: These seven (7) roofing contractors were
prequalified to provide roof repairs, maintenance, and replacements with a
maximum cumulative valve of $1,500,000 and contracts were approved by the Board
on December 7, 2010. Work is authorized through either an emergency work order
or through competitive bidding when required during the term of this contract.
The original contracts provided for an initial one (1) year term with four (4)
- one (1) year renewal options.
Amendment No. 1 will provide for continued services during the first
renewal period. These contracts have a Small Business Enterprise (SBE)
participation goal of 15%. During the
first year of these contracts, the combined SBE participation has been 66%. (Capital Improvements Division) Countywide
(JM)
5. Staff recommends
motion to receive and file: a
notice of exercise of the
second option to extend the term of the Concessionaire Service Agreement
(R2007-2256) with Dania Pier Management Corp., for the continued use of the
concession building at the Juno Beach pier for $52,643.64/year. SUMMARY: Since January 1, 2008, Dania Pier Management
Corp. (DPM) has operated under the current Concessionaire Service Agreement
(Agreement) for the use of the concession building at the Juno Beach pier. DPM
now wishes to exercise the second of three (3) one (1) year extension options
for the period of January 1, 2012, to December 31, 2012. The guaranteed annual rent will be increased
by four percent (4%) from $50,618.88 ($4,218.24/month) to $52,643.64
($4,386.97/month) effective January 1, 2012.
The Parks & Recreation Department is satisfied with DPM’s
performance. The Board has no
discretionary authority to deny the exercise of the option; however, the County
may terminate this Agreement upon ninety (90) days written notice to DPM. Although not required, Staff requested a new
Disclosure of Beneficial Interests be completed, which indicates that Donald V.
Streeter is now the President of DPM and owns 100% of DPM. (PREM) District 1 (HJF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff
recommends motion to:
A) adopt a Resolution authorizing a U.S. Government
Lease for Real Property Agreement with The United States of America, for the
continued use of the County’s 45th Street Communications Tower in
West Palm Beach for zero rent; and
B) approve a U.S. Government Lease for Real Property
Agreement with The United States of America.
SUMMARY: The
United States of America Department of Commerce National Oceanic and
Atmospheric Administration (NOAA) have been operating at the County’s North EMS
tower located at 1130 45th Street, in West Palm Beach since
1982. NOAA utilizes the tower to transmit
its weather radio broadcasts. NOAA’s
radio equipment is currently housed in a NOAA owned prefabricated shelter that
was damaged in Hurricane Wilma and requires replacement. This will allow NOAA to relocate its radios
into the County’s radio equipment building, requires NOAA remove its existing
prefabricated shelter, and restore the area.
The County will supply electric and back up emergency generator power to
NOAA’s equipment without charge. The
existing 1982 agreement will be terminated upon the effective date of this
Lease. Either party can terminate the
Lease upon one hundred eighty (180) days written notice to the other. The term of the Lease is twenty (20) years
with a retroactive commencement date of November 1, 2011, and will expire on
October 31, 2031. The annual rent is
zero dollars ($0) per year. NOAA is
responsible for maintenance and repairs of its equipment, will remove its Radio
Equipment, and restore the premises upon expiration or termination of the
Lease. (PREM) District 7 (HJF)
7. Staff
recommends motion to approve: a Second Amendment to the Lease
exercising the first extension option to provide food services at the County’s
Vista Center 2300 Building in West Palm Beach at an annual rate of $8,422.98. SUMMARY: Since January 1, 2007, Robert
Weatherbee d/b/a The Sub Division (Weatherbee) has been leasing 349 sf of space
in the Lunchroom area to provide food services at the County’s Vista Center
2300 Building located at 2300 North Jog Road in West Palm Beach. The initial term of the Lease is for five
(5) years, commenced on January 1, 2007, expires December 31, 2011, and
contains two (2) - one (1) year extension options subject to Board
approval. On December 1, 2009, the Board
approved a First Amendment suspending the four percent (4%) annual rent
increase for a period of one (1) year due to economic conditions. On August 12, 2011, Weatherbee requested the
exercise of the first one (1) year extension option. This Second Amendment: i)
exercises the first extension option, extending the term for one (1) year, from
January 1, 2012, through December 31, 2012; ii) increases the annual rent by 4%
to $8,422.98 ($701.92/mo; and iii) adds a provision regarding the Inspector
General. One – one (1) year extension
option remains. (PREM) District 2 (HJF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff
recommends motion to:
A) approve a Memorandum of Understanding (MOU) for Purchase and Sale of Utility
Easement between the Department of Airports (DOA), the Facilities Development
and Operations Department (FDO), and the Water Utilities Department (WUD)
providing for the sale of an easement for water utility purposes across
approximately 0.25 acres (10,780 sq. ft.) of land located on 5th
Street, north of Belvedere Road, in West Palm Beach (“Easement Parcel”);
B) approve a Declaration of Easement and Restrictive Covenants in favor of Palm
Beach County for water utility purposes over the Easement Parcel;
C) adopt a Resolution determining that the Easement
Parcel is not necessary for airport purposes and that the utility easement will not impair the operating efficiency of
the airport system or reduce the revenue producing capability of the County’s
Airport System; and
D) authorize the County Administrator or his designee
(the DOA Director) to execute any necessary documentation for the release of
the Easement Parcel from deed restrictions and Airport Improvement Program
(AIP) Grant Assurances with the Federal Aviation Administration.
SUMMARY: In
April 2008 (R2008-0613), the Board approved a Memorandum of Understanding
providing for the exchange of approximately 19.769 acres of property located on
Cherry Road (Cherry Road Property) controlled by DOA for approximately 14.99
acres of property located along Belvedere Road and 5th Street
(Belvedere Property) controlled by FDO.
Included within the Belvedere Property transferred to DOA was
approximately 1.47 acres acquired by WUD in 1979 as part of the acquisition of
the Belvedere Water Company. WUD is
working with the Westgate CRA to provide sewer service to the Belvedere Homes
area and needs an easement for installation of a vacuum lift station. The Declaration of Easement will allow WUD to
utilize the property for water utility purposes, which will include a wastewater
vacuum pump station. Because DOA
received the Belvedere Property in a value for value exchange and the property
is now subject to FAA restrictions that must be released in order to install
the lift station and WUD paid for the property initially, Staff is recommending
that the County contribute $100,000 toward the cost of this easement from the
Public Building Improvement Fund – Land Acquisition, with the balance of
$34,750 to be paid by WUD from the Water Utilities Department Capital
Improvement Fund - Water Transmission Mains. The appraisal of the Belvedere
Property utilized in valuing the exchange assigned a value of $12.50 per square
foot, equating to a value or purchase price of $134,750 for the proposed
easement area. (PREM) District 2 (HJF)
9. 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, as the property owner, is granting
this easement and the County is consenting to this easement. 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)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-0142) with
West Jupiter Community Group, Inc. (WJCG), to extend the expiration date from
December 31, 2011, to March 31, 2012. Summary: This Amendment provides an extension of three
(3) months to the term of the existing Agreement with WJCG. The Agreement provides funding for the
construction of an additional three (3) classrooms to their tutorial center
located at 7187 Church Street in unincorporated Jupiter. An unexpected delay occurred while obtaining
sanitary sewer permits from the Palm Beach County Health Department. All necessary permits have been obtained, and
this time extension will enable the completion of the project. These are Community Development Block
Grant funds which require no local match. (Contract Development) District
1 (TKF)
2. Staff recommends
motion to approve: Consent for
Palm Beach County employee Henry Nwankwor to purchase a home acquired and
rehabilitated by the Community Land Trust of Palm Beach County, Inc. (CLT),
with Federal funds received under the Neighborhood Stabilization Program 1
(NSP1) as administered by the Department of Housing and Community Development
(HCD). Summary: Henry
Nwankwor is employed by Palm Beach County as a Security Guard. He is an income eligible home-buyer who is
seeking to purchase a home at 6095 Plains Drive, Lake Worth, Florida 33463,
which was acquired and rehabilitated by the CLT using NSP1 funds. The post-rehabilitation appraised value of the
property (including land and improvements), and taking into account a 99-year
lease on the land pursuant to the CLT model, is $140,000. The appraised value of the land is
$30,000. Since the CLT will hold a 99-year
lease on the land to ensure long term affordability, it will sell the home (the
improvements) to Mr. Nwankwor for $110,000.
Mr. Nwankwor has obtained a $104,500 loan commitment from BankAtlantic
for the purchase of the home, and will fund the difference in the purchase
price plus closing costs out of pocket.
Federal regulations pertaining to NSP1 require that an exception be
sought from the U.S. Department of Housing and Community Development (HUD) in
instances where a conflict of interest may exist. A Conflict of Interest Exception for Mr.
Nwankwor was approved by HUD on September 23, 2011, to allow this County
employee to purchase this NSP1 funded home.
It is HCD Policy to seek the consent of the Board of County
Commissioners (BCC) whenever County employees are receiving assistance through
HCD Programs. These are Federal NSP1 funds which require no local match.
(CREIS) District 3 (TKF)
3. Staff recommends
motion to receive and file: the following documents executed in
connection with the Westgate Plaza Apartments project funded under the
Neighborhood Stabilization Program 2 (NSP2):
A) Loan Agreement with Westgate
Plaza Apartments, Ltd.;
B) Amendment No. 001 to the Loan Agreement
with Westgate Plaza Apartments, Ltd.; and
C) Subordination and Intercreditor
Agreement with Citibank, N.A.
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 Amendment have been fully executed on behalf of
the Board of County Commissioners (Board) by the Chair of the Board and by the
County Administrator, or designee, in accordance with Agenda Item R2009-1122
approved by the Board on July 7, 2009.
The Agreements are now being submitted to the Board to receive and file.
These are Federal NSP2 funds which require no local match. (Contract
Development) District 2 (TKF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
4. Staff recommends
motion to approve: three (3)
Fiscal Year 2011-2012 Agreements with the U.S. Department of Housing and
Community Development (HUD) as follows:
A) a Funding Approval/Agreement for the Community Development Block Grant
(CDBG) Program in the amount of $6,138,977;
B) a Grant Agreement for the Emergency Shelter Grants (ESG) Program in the
amount of $297,830; and
C) a Funding Approval and HOME
Investment Partnerships Agreement for the Home Investment Partnership (HOME)
Program in the amount of $2,470,504.
SUMMARY: Approval of these Agreements will make Federal funds totaling $8,907,311 available to the County. These funds will be used to provide assistance for housing and community development programs. The primary objective of the CDBG, ESG, and HOME Programs is the development of viable urban communities through the provision of decent housing, a suitable living environment, and the expansion of economic opportunities, principally for persons of low and moderate income. No local match is required to implement the CDBG Program; however, the ESG and HOME Programs have matching requirements. The ESG Program matching requirement is met through a cash or in-kind contribution by each agency receiving this funding. The HOME Program matching requirement will be met from program income which is still being earned under the State Housing Initiatives Partnership Program. (Planning Section) Countywide (TKF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: a Potable Water and Wastewater Development Agreement
(Agreement) with Fairways, L.L.C. Summary: Fairways, L.L.C. (Fairways) owns property
located on the Southwest corner of Century Village Boulevard and Haverhill Road. In order to provide potable water and
wastewater concurrency reservations for new developments, the Department requires
property owners to enter into a formal development agreement with the
Department. While the Department
Director has been delegated the authority to enter into Standard Development
Agreements (SDAs), Board approval is being sought in this case due to the
timing of fee payments associated with the development of the property. Fairways has requested the option of
remitting a portion of the fees due with this Agreement and the balance of the
Mandatory Agreement payment within 30 days following the approval of the Master
Plan for the property, if approved.
Fairways has also requested other changes to the form of the SDA based
on provisions in a 1968 Agreement, related to the property entered into between
Century Village, Inc. and Century Utilities, Inc. (1968 Agreement) which are
predecessors in interest to Fairways and the County, respectively. These
changes relate to the continuous provision of service to the property. This Agreement supersedes all other provisions
of the 1968 Agreement. Under the terms
of the Agreement, remittal of the partial payment does not exempt Fairways from
any subsequent fee change. District 1 (MJ)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to receive and file: an executed
Standard Development Agreement with Faith Cathedral Worship Center, Inc. SDA No.
01-01220-000, which was received during the month of September 2011. 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 has
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. District 1
(SF)
3. Staff
recommends motion to approve: a
First Amendment to Potable Water and Wastewater Development Agreement
(Amendment) with Community Land Trust of Palm Beach County, Inc. (Community
Land Trust). Summary: Community Land Trust owns property located
adjacent to Davis Road, south of Melaleuca Lane. In order to provide potable
water and wastewater concurrency reservations for new developments, the Water
Utilities Department (Department) requires property owners to enter into a
formal development agreement with the Department. Community Land Trust entered into a Standard
Development Agreement (Agreement) on August 22, 2011. Subsequent to entering into the Agreement,
Community Land Trust requested the option of remitting all associated fees in
advance prior to request for service initiation, in order to satisfy certain
loan timing requirements. The Amendment
provides this option. Under the terms of
the Amendment, remittal of payment prior to service initiation does not exempt
Community Land Trust from any subsequent fee changes, and Community Land Trust
is still responsible for remitting the full amount of associated fees existing
as of the time of service initiation. District
2 (MJ)
4. Staff
recommends motion to approve:
A) a Contract with Foster Marine Contractors,
Inc. for the Water Treatment Plant No. 9
Surficial Production Wells No. 26, 27, 28, 29, 30, and 31 Project in an amount of $3,347,441.50; and
B) Supplement No. 3 to Consultant Services
Authorization No. 3 with Mock Roos & Associates, Inc. for hydrogeologic,
engineering and construction services in the amount not to exceed $146,325.
Summary: On September 7, 2011, eight (8) bids were
received for the Water Treatment Plant No. 9 Surficial Production Wells No. 26,
27, 28, 29, 30, and 31 Project. Foster Marine Contractors, Inc. was the
lowest responsive responsible bidder in the amount of $3,347,441.50. This Contract will provide for six (6)
additional Surficial Production Wells to be constructed in Sandalfoot Cove Park
and raw water mains. The wells will
provide adequate raw water supply to Water
Treatment Plant No. 9 while other wells are out of service or undergoing repair
and/or maintenance. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
is 15% overall. This Contract with Foster Marine Contractors, Inc. provides for
SBE participation of 16.89% overall.
Supplement No. 3 with Mock Roos & Associates, Inc. provides for SBE
participation of 57.81% overall. The cumulative SBE participation, including
this authorization is 37.22% overall. Foster Marine Contractors, Inc. and Mock
Roos & Associates, Inc. are both Palm Beach County Companies and certified
SBE contractors. (WUD Project No. 09-049) District 5 (JM)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff
recommends motion to approve: a Declaration of Easement in favor of the Palm Beach
County Water Utilities Department (WUD) for a Reclaimed Water Main (RCWM) and
appurtenant facilities to provide cooling water to the Florida Power and Light
West County Energy Center (Center). Summary: The
RCWM and appurtenant facilities were installed on County owned land that runs
from the east side of North Jog Road (north side of the Palm Beach County
Operations and Support Center on Vista Parkway) to WUD Lift Station No. 5240
(east side of the Florida Turnpike). These facilities will enable the County to
supply reclaimed water from the East Central Regional Wastewater Reclamation
Facility to the Center. This easement shall be
for the purpose of water and sewer utilities and shall include the right at any
time to install, operate, maintain, service, construct, reconstruct, remove,
relocate, repair, replace, improve, expand, tie into, and inspect potable
water, reclaimed water and/or wastewater lines and appurtenant facilities and
equipment in, on, over, under and across the Easement Premises. This easement
or portion thereof can be utilized for a wastewater pump station. (WUD 08-031) District
2 (MJ)
6. Staff recommends motion to approve: Work Authorization No. 41 for engineering services, permitting, and construction of the Southern Region Operations Center (SROC) Deep Injection Well Membrane Concentrate Blending Project with Globaltech, Inc. (R2008-2323) in the amount of $1,034,929. SUMMARY: On December 16, 2008, the Palm Beach County Board of County Commissioners approved the Contract for Optimization and Improvements Design-Build Services with Globaltech, Inc. (R2008-2323). The project will provide for pump and piping modifications, corrosion control, and instrumentation improvements that will allow blending of membrane concentrate from Water Treatment Plant No. 3 with plant secondary effluent from the Southern Region Water Reclamation Facility (SRWRF). The blending of the membrane concentrate with plant effluent will reduce the corrosiveness of the membrane concentrate and allow it to be injected into the deep injection well located at the SROC. The primary benefits of the project will be the ability to increase the injection capacity from 6.35 MGD to 12.74 MGD at the SROC deep injection well and an improved wet weather disposal capacity for the SRWRF. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Globaltech, Inc. provides for SBE participation of 75% overall. This authorization includes 85% overall participation. The cumulative SBE participation, including this work authorization, is 75.68% overall. Globaltech, Inc. is a Palm Beach County Company and a certified SBE contractor. (WUD Project No. 09-059) District 5 (JM)
7. Staff recommends
motion to approve:
A) an Alternative Water
Supply Agreement (AWS-FY2012 LEC116/No. 4600002550) with the South Florida
Water Management District (SFWMD) in the amount of $500,000; and
B) a Budget Amendment of
$500,000 in the Water Utilities Department Capital Improvement Fund to budget
the award of the funds.
Summary: The Agreement provides
Alternative Water Supply grant funding from the SFWMD in the amount of $500,000
for construction of the Lake Region Floridan Well Field Improvement
Project. This phase of the project cost
is anticipated to be approximately $1,584,000.
The balance of funding for this phase of the project, $1,084,000, will
come from capital improvement funds already budgeted by the Palm Beach County
Water Utilities Department and approved by the Board of County Commissioners on
June 21, 2011 (R2011-0955 through 0957). (WUD Project No. 11-113) District 6 (MJ)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: five (5) original documents for the Department
of Environmental Resources Management:
A) Amendment Number 3 to the Contract with Loggerhead Marinelife Center,
Inc. for optional compaction sampling to be completed by October 15, 2011, with
no increase to the amount of the original contract;
B) Interlocal Agreement for Law Enforcement Services between Palm Beach
County and the Village of Tequesta from November 15, 2011, to April 30, 2014,
not to exceed $15,000 as an award amount for FY2012;
C) Interlocal Agreement for Law Enforcement Services between Palm Beach
County and the Palm Beach County Sheriff’s Office from November 15, 2011, to
April 30, 2014, not to exceed $16,875 as an award amount for FY2012:
D) Interlocal Agreement for Law Enforcement Services
between Palm Beach County and the City of Boynton Beach from November 15, 2011,
to April 30, 2014, not to exceed $16,875 as an award amount for FY2012;
E) Interlocal Agreement for Law Enforcement Services between Palm Beach
County and the Town of Jupiter from November 15, 2011, to April 30, 2014, not
to exceed $16,875 as a award amount for FY2012.
SUMMARY: A) Amendment
Number 3 dated September 29, 2011 with Loggerhead Marinelife Center allows for
optional compaction tests to be completed by October 10, 2011. Delegated authority for minor changes was
approved on January 13, 2009 (R2009-0106), with the execution of the original
contract. B,C,D, & E) On December 18, 2007, the Board of County
Commissioners approved a Resolution (R2007-2277) with a standard form
Interlocal Agreement with law enforcement agencies for an increased law
enforcement presence in estuarine waters of Palm Beach County. Delegated authority to execute these standard
form agreements was approved, pursuant to PPM No. CW-O-051 on December 18, 2007
(R2007-2277). On July 11, 2011 a revised
standard form was approved. Tequesta approved the Interlocal Agreement on
October 5, 2011, the Palm Beach County Sheriff’s Office executed the Interlocal
Agreement on September 6, 2011, the City of Boynton Beach executed the
Interlocal Agreement on August 16, 2011, and the Town of Jupiter executed the
Interlocal Agreement on August 22, 2011. Countywide (SF)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) approve
a non-standard Amphitheater
Rental Agreement with AEG Live SE, LLC for the presentation of a “My Morning
Jacket” Concert on December 10, 2011, at Sunset Cove Amphitheater; and
B)
adopt a Resolution
authorizing the County Administrator or his designee to execute standard
Amphitheater Rental Agreements with AEG Live SE, LLC or affiliate offices.
Summary: The Parks and
Recreation Department (Department) utilizes a standard Amphitheater Rental
Agreement which is executed at the Department level. Promoter AEG Live SE, LLC (AEG) has requested
modifications to the approved standard Amphitheater Rental Agreement language.
The modifications clarify the responsibilities and expectations of the County
and AEG for issues such as damages, personal injury, and indemnification. These changes, along with other minor
administrative changes were agreed to by attorneys for the both the renter and
the County. This non-standard
Amphitheater Rental Agreement releases AEG from liability to the extent such
damage or injury is caused by the County’s negligence or willful misconduct, or
structural or premise related defects at the Sunset Cove Amphitheater. Due to the frequency of AEG renting County
amphitheaters, staff is recommending that the BCC approve a resolution which
delegates authority to the County Administrator or his/her designee to execute
a standard amphitheater rental agreement for use specifically with AEG instead of routinely bringing
non-standard amphitheater rental agreements to the BCC for approval. County revenues generated from the concert
range from a minimum of $3,500, or 10% of the gross ticket sales less tax, to a
maximum of $12,000 plus miscellaneous fees for vendors, parking, etc. District 5 (AH)
2. Staff recommends
motion to:
A) adopt
a Resolution authorizing a one (1) year extension to the term of an
existing lease agreement with the Northern Palm Beach County Chamber of
Commerce, Inc. pursuant to Florida
Statute Section 125.38; and
B) approve First Amendment to Lease
Agreement R84-133 with the Chamber extending the current lease for a period of
one (1) year, from December 12, 2011, until December 11, 2012, for the 2,312
square foot Chamber of Commerce office located at 800 North U.S. Highway One on
the west side of Burt Reynolds Park.
Summary: The Northern Palm Beach
County Chamber of Commerce, Inc. (Chamber), formerly known as the Jupiter/Tequesta
Chamber of Commerce, is requesting a one (1) year extension of their current 25
year lease that ends on December 12, 2011.
This extension will give the chamber time to finalize plans to move to a more centralized location.
The Lease Amendment grants the Chamber a one (1) year Lease extension for $10
per year. District 1 (AH)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, authorizing
the County Administrator or his designee (Fire-Rescue Administrator) to execute
standard license agreements for training at the Palm Beach County Fire Rescue
Regional Training Center; replacing Resolution No. 2009-1551; providing for
effective date. SUMMARY: This
Resolution authorizes the County Administrator, or his designee, to execute
standard License Agreements providing outside public safety agencies with use
of certain areas of the Fire Rescue Regional Training Center for public safety
personnel training for up to a one (1) year term. During that term, the
Fire-Rescue Administrator, or his designee, will be authorized to approve or
disapprove, standard Use Agreements for specific training events requested by
the outside agency. The standard License
Agreement provides that fees for use of the Regional Training Center shall be
in accordance with a fee schedule established and updated annually pursuant to
Palm Beach County Fire Rescue Operational Procedure No. VIII-7. In lieu of the insurance provisions in the
standard License Agreement, the Resolution allows alternative provisions
providing a substantially similar level of protection to be approved by the
Director of Risk Management. This Resolution
replaces Resolution No. 2009-1551. Countywide (SGB)
X. PUBLIC SAFETY
1. DELETED
2. Staff recommends
motion to receive and file: executed Contract with Stephanie Lippman,
independent contractor, serving a “post-doctoral” externship to provide
psychological services at the Division of Youth Affairs in an amount not to
exceed $30,000 for the period October 1, 2011, through September 30, 2012. SUMMARY: Stephanie Lippman is a student completing
her doctoral studies in psychology and is required to have 2,000 hours of
supervised services to obtain a state license.
On October 3, 2006, Agenda Item 3X2 authorized the County Administrator
or his designee to execute post-doctoral externships on behalf of the Board of
County Commissioners after approval of legal sufficiency by the County
Attorney’s Office and within budgeted allocations. Countywide (GB)
3. Staff recommends
motion to:
A) receive and file the original executed FY2011-2012 Victim of
Crime Act (VOCA) Grant Agreement with the State of Florida, Office of the
Attorney General to receive $140,019 for the period of October 1, 2011, through
September 30, 2012;
B) approve a downward Budget Amendment of $27,210 in
the Public Safety Grant Fund to adjust the budget to the actual grant award,
and reallocate funding;
C) approve a Budget Amendment of $25,297 in the
General Fund to realign the budget due to grant organizational changes; and
D) approve a Budget Transfer of $25,297 in the Local
Requirements & Innovations Fund to realign the budget due to grant organizational
changes.
SUMMARY: Resolution
R97-1057 authorizes the County Administrator or his designee to execute certain
VOCA grant agreements on behalf of the County with the State of Florida, Office
of the Attorney General. The VOCA grant
funds services that assist victims of crimes such as crisis counseling,
criminal justice support, assistance with Victim Compensation, emergency legal
advocacy and crisis intervention. The
FY2012 VOCA grant is equivalent to the FY 2011 grant. The
grant requires a 20% match that is included in the FY 2012 budget. Countywide
(GB)
DECEMBER 6, 2011
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to approve:
A) the following contracts with agencies to provide drug treatment and
testing services to individuals referred by the Drug Court, in a cumulative
amount not to exceed $405,105 for the period October 1, 2011, through September
30, 2012; and a cumulative amount not to exceed $65,315 for the period of
October 1, 2011, through August 31, 2012, for a total not to exceed amount of
$470,420:
1) Drug Abuse Foundation of Palm Beach County,
in the amount of $66,000;
2) Comprehensive Alcoholism Rehabilitation
Programs, Inc. in the amount of $70,000;
3) Counseling Services of Lake Worth, Inc. in
the amount of $76,327;
4) Drug Testing and Counseling Services in the
amount of $193,093;
5) South County Mental Health Center in the
amount of $15,000; and
6) Center for Family Services, Inc. in the
amount of $50,000.
B) authorize the County Administrator or his designee to execute
amendments to these contracts on behalf of the Board of County Commissioners to
adjust the not-to-exceed amounts as long as the cumulative total does not
exceed $470,420 for those items in Part A above.
SUMMARY: In July
2011, the Justice Services Division solicited proposals to provide drug treatment and testing services
to 250 individuals referred by the Drug Court. Funding for these contracts will
be provided by the Office of Justice Program Grant ($65,315), Drug Abuse Trust
Fund ($100,000), Crime Prevention Fund ($220,727) and other Public Safety funds
and user charges collected from the participants ($84,378). The contracts have two (2) different amounts
and dates due to a portion of the contracts are funded by the Office of Justice
Programs Grant that ends August 31, 2012. There is no ad valorem funding
required for these contracts. Countywide (GB)
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the
sale, conveyance and transfer of two (2)
- 2000 and nine (9) - 2001 Gillig Low Floor buses to the City of
Gainesville; provided that the Federal Transit Administration (FTA) approves
the transfer; and
B) approve an Agreement regarding the sale,
conveyance, and transfer of two (2) - 2000
and nine (9) - 2001 Gillig Low Floor buses to the City of Gainesville,
Florida.
SUMMARY: Palm Tran needs to dispose of two (2) - 2000 and nine (9) - 2001 Gillig Low Floor buses. These buses have reached their useful life
and may be transferred to another FTA grantee with FTA’s prior approval. The City of Gainesville, an FTA grantee, has
approached Palm Tran and expressed its desire to acquire these buses. The City of Gainesville has affirmed that it
is an entity qualified and eligible to receive a conveyance of personal
property from Palm Beach County in accordance with the requirements of Section
125.38, F.S., and that it desires to use the buses for the public or community
interest and welfare. These buses were
purchased using 100% Federal funds. Countywide
(DR)
* * * * * * * * * * * *
DECEMBER 6, 2011
A. ADMINISTRATION
1. Staff
recommends motion to:
A) approve an Energy Efficiency Conservation Loan
(Energy Loan) Program Agreement with Doctors Scientific Organica, LLC (DSO) in
the amount of $240,000;
B) approve exceptions to the Palm Beach County Energy Loan Program Criteria for DSO
to: (a) waive the maximum loan amount of $150,000; and (b) waive the maximum
term of ten (10) years in order to match the Small Business Administration
(SBA) loan requirement of 20 years; and
C) authorize the County Administrator or his designee to
sign the loan documents associated with this item.
Summary: This $240,000 Energy Loan will be for
a term of 20 years and will fund energy
efficiency retrofits at DSO’s nutritional baking products manufacturing
facility. DSO has developed a line of certified food products that are sold
under three (3) trademarked names and is seeking to expand from an 18,000 to a
25,000 sq. ft. building in Riviera Beach. The approximate total project investment
is $3,126,853 and the projected sources of funding include: $240,000 Energy
Loan; $473,000 Section 108 Loan; $1,300,673 from a financing institution;
$1,040,538 from the SBA; and $72,642 from DSO. The company will create 25 new
full-time jobs. These are Federal funds that require no local match. District
7 (DW)
2. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
December 20, 2011 at 9:30 a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending the Palm Beach County Lobbyist Registration
Ordinance, Palm Beach County Code, Chapter 2, Article VIII (codifying Ordinance
2003-018, as amended); amending Section 2-351, title and purpose; amending Section
2-352, definitions; amending Section 2-353, registration and expenditures;
amending Section 2-354, record of lobbying contacts; amending Section 2-355,
cone of silence; amending Section 2-356, enforcement; amending Section 2-357,
penalties; providing for savings clause; providing for repeal of laws in
conflict; providing for severability; providing for inclusion in the code of laws
and ordinances; providing for an effective date. SUMMARY: The
proposed amendments to the Palm Beach County Lobbyist Registration Ordinance
are required in order to match the terminology used in the Code of Ethics and
to allow this ordinance to apply to municipalities. These amendments also
reflect Palm Beach County’s establishment of a centralized lobbyist
registration system that lobbyists can use to electronically register to lobby
the county and any or all of the municipalities in Palm Beach County.
This Ordinance will apply to the county and any municipality that does not have
a conflicting ordinance in effect. The League of Cities reviewed and
approved these amendments on October 26th. Countywide
(LB)
DECEMBER 6, 2011
4. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
TIME CERTAIN
- 10:00 A.M.
3. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
December 20, 2011at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, fixing the boundaries of the seven county commission districts;
providing for publication; providing for minutes; providing for repeal of laws
in conflict; providing for severability; providing for inclusion in the code of
laws and ordinances; and providing for an effective date. SUMMARY: On November 1,
2011, the Board of County Commissioners (BCC) discussed four (4) redistricting
map options. The BCC directed staff to
bring back Option 4 which currently
reflects Phil Foster Park and Peanut Island remaining within the boundaries of
District 1. In addition, the Board directed staff to modify Option 4 to display
an inset of Phil Foster Park and Peanut Island as a part of District 7 for
further discussion. Upon final direction
as it relates to Peanut Island/Phil Foster Park by the BCC, staff will finalize
Option 4 and advertise for adoption at the December 20, 2011 Board meeting. Countywide
(LB)
B. CLERK
& COMPTROLLER
TIME
CERTAIN – 9:45 A.M.
1. Staff recommends
motion to receive and file: Review of County Fund Balance analysis
provided in the September 2011 TaxWatch Special Report. SUMMARY: The Clerk & Comptroller’s
Office will provide a review of the County fund balance analysis provided by
TaxWatch in their Special Report dated September 2011. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on December 20, 2011 at 9:30 a.m.: an Ordinance amending Palm Beach County Code Chapter 26, Article II, Division 1, known as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance (Ordinance 2008-063); amending Section 26-23, improvements; amending Section 26-24, special assessments; amending Section 26-29, percentage of costs, further procedures; amending Section 26-30.3, public hearing; amending Section 26-30.10, payments; amending Section 26-30.15, savings clause; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; providing for effective date. SUMMARY: The proposed Ordinance will amend Chapter 26, Article II, Division 1, known as the MSTU Ordinance 2008-063 to allow for assessments and collections at a percentage rate less than 100% when directed by the Board of County Commissioners. There remain a few MSTU projects that were petitioned at the previous 50% rate that cannot be approved at a rate less than 100% without this amendment. The proposed Ordinance also amends the section on street lighting improvements regarding costs being capable of being calculated for special assessment purposes and amends the timeframe between bid opening and public hearing to be as soon as practicable. Countywide (MRE)
DECEMBER 6, 2011
4. REGULAR
AGENDA
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
TIME CERTAIN
– 3:00 P.M.
2. Staff requests
Board direction: regarding
the median beautification on Okeechobee Boulevard from State Road 7 to
Florida’s Turnpike. SUMMARY: At
the November 15th Board of County Commissioners (BCC) meeting, the
BCC directed staff to bring back an agenda item regarding the potential
landscaping project on Okeechobee Boulevard. At the October 4th BCC meeting,
the Board rejected the agreements that were required to allow the potential
almost $1 million {50% state/50% local (PBC)} project to move forward and directed
staff to get with the City to discuss options. No funding or scope change
options have been received from the City since the item was originally heard.
The FDOT is requiring the project to have all required documents (CIGP
agreement amendment and beautification permit) adopted by Palm Beach County by
December 31, 2011 (the last Board meeting is December 20th). Districts
2 & 6 (MRE)
D. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in two (2) properties totaling 0.33 acres of surplus
property to HFHSPBC CLT, Inc., a Florida not-for-profit corporation f/k/a
Habitat for Humanity of South Palm Beach County Community Housing and Land
Trust, Inc., without charge and with reservation of mineral and petroleum
rights, but without rights of entry and exploration pursuant to Florida
Statutes Section125.38; and
B) approve two (2)
County Deeds in favor of HFHSPBC CLT, Inc., f/k/a Habitat for Humanity of South
Palm Beach County Community Housing and Land Trust, Inc.
SUMMARY: HFHSPBC CLT, Inc. (Habitat) has requested
the conveyance of two (2) County-owned vacant surplus properties totaling 0.33
acres with a combined 2011 assessed value of $48,529. The properties are
located in unincorporated Boynton Beach and Delray Beach, and were acquired via
Tax Deeds. The properties have been declared surplus as they serve no present
or future County purpose. Habitat proposes to utilize the properties for
construction of affordable housing for homebuyers earning between 50%-120% of
the area median income. Florida Statutes
Section 125.38 allows the County to convey property to not for profit
corporations without utilizing a bid process.
Restrictions provided in both deeds will assure utilization as proposed,
or the properties will revert to the County. Housing & Community
Development has reviewed this conveyance and responded with its support. This
conveyance will relieve the County of potential liability for occurrences on
these properties and also the cost of continued maintenance. The County will
retain mineral and petroleum rights in accordance with Florida Statutes Section
270.11, without rights of entry and exploration. All purchases, sales and exchanges of real estate must be approved by a
supermajority vote (5 Commissioners) pursuant to recent amendments to the
PREM Ordinance. (PREM) Districts
3 & 5 (HJF)
DECEMBER 6, 2011
4. REGULAR
AGENDA
D. FACILITIES DEVELOPMENT &
OPERATIONS (Cont’d)
2. 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% of 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)
TIME
CERTAIN 2:15 P.M.
3. Staff requests
Board direction: on the
conclusion of contract negotiations for the sale and development of the Wedge
Property located within the Transit Oriented Development District in downtown
West Palm Beach. SUMMARY: On October 18, 2011, County Staff
provided the Board with a brief update on the status of negotiations and the
likely schedule for conclusion to the negotiations. Since that time, Staff has reached conclusion
on all but five (5) items on which it requires direction. The five (5) items
are: 1) minimum guaranteed development; 2) contract milestones and timing; 3)
return of the deposit; 4) exposure for damages; and 5) traffic circulation
plan. In addition, the Property Review Committee (PRC) met for an introduction
to the disposition and to provide recommendations on the appraisal process and
assumptions. Staff has issued an
Invitation to Bid for appraisal services with an expedited schedule. The appraisal work product is due to the
County the second week in February and it is anticipated that the contract
could be presented to the Board for final consideration along with a
recommendation from the PRC on April 3, 2012.
The Board’s direction on the five (5) issues will allow Staff to
conclude the contract negotiations and give the appraiser’s the final
information required to complete their appraisal. (FDO) Countywide (HJF)
DECEMBER 6, 2011
4. REGULAR
AGENDA
E. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve on preliminary
reading and advertise for public hearing on December 20, 2011 at 9:30 a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Chapter 19, Article IX (Ordinances No.
2001-015 and 2008-043); relating to taxicabs and other vehicles for hire, to be
known as the Vehicle for Hire (VFH) Ordinance; amending Section 19-213
(definitions); amending Section 19-215 (advertising); amending Section 19-216
(municipal exemption); amending Section 19-218 (business permit application);
amending Section 19-227 (driver requirements; failure to comply); amending
Section 19-230 (enforcement); providing for repeal of laws in conflict;
providing for a savings clause; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for captions; providing an effective date; and
B) rescind previous Board direction from the October
18, 2011 Board of County Commissioners meeting which would have allowed
companies to continue receiving a credit for the fees paid to a municipality
from the amount the county collects for
application/renewal, and vehicle decal fees; and
C) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, amending Resolution No. R2011-1669 (adopted October 18, 2011) to
remove the municipal fee exemption, and per BCC direction on November 1, 2011,
remove the new $5,000 registration fee.
SUMMARY: On October 18, 2011, the Board of County
Commissioners voted to amend the VFH ordinance. The proposed ordinance amendments include the following: 1)
include the addition of a Luxury Sedan category, and 2) establish a
Special Master Enforcement process with the requirements to be referenced
in the Consumer Affairs Ordinance. Staff is also recommending the BCC approve
staff’s recommendation to discontinue allowing VFH companies to deduct the fees
paid to municipalities from the amount the County collects for the
application/renewal and vehicle decal fees. Currently, the existing ordinance
permits approximately 69 out of 600 companies to receive a credit for fees paid
to municipalities. The VFH program loses approximately $40,000 per year in
revenue for these credits. On November 1, 2011, the Board rescinded the
previous staff’s direction to establish a $5,000 registration fee and establish
new minimum start-up requirements for all new VFH companies. Countywide
(GB)
F. COUNTY ATTORNEY
1. Staff recommends
motion approve on preliminary reading
and advertise for public hearing on December 20, 2011 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, providing for a countywide referendum to be placed on the ballot on
November 6, 2012, for the purpose of determining whether slot machine gaming
shall be authorized at licensed pari-mutuel facilities located within Palm
Beach County as provided for in Article X, Section 23, of the Florida
Constitution and applicable provisions of the Florida Statutes; providing for
title; providing for referendum and ballot language; providing for
certified copy to Supervisor of Elections; providing for inclusion in the code
of laws and ordinances; providing for enforcement; providing for severability;
and providing for an effective date. SUMMARY: This
ordinance would schedule a referendum at the November 6, 2012 General Election
to determine whether slot machine gaming shall be authorized at licensed
pari-mutuel facilities in Palm Beach County. Countywide (PFK)
* * * * * * * * * * * *
DECEMBER 6, 2011
A. ADMINISTRATION
(Florida
Atlantic Research & Development Authority)
1. Staff recommends
motion to approve: appointment of the following individual to the
Florida Atlantic Research & Development Authority (Authority) to fill the
unexpired term of Mr. Michael Arts, who term expires September 12, 2012:
Nominee Seat No. Seat Requirement Nominated by:
Bruce C. Rosetto
1 Private
Sector/PBC Resident Comm.
Burdick
Comm. Abrams
Comm. Aaronson
Comm.
Taylor
SUMMARY: On October 3, 1985, the Board of County Commissioners
adopted Ordinance No. 85-32, which created the Florida Atlantic Research &
Development Authority. The Authority is comprised seven (7) members: three (3)
Palm Beach County representatives, three (3) Broward County representatives and
the President of Florida Atlantic University or his/her designee. Representatives must be employed in the
private sector and reside in the County in which they represent. On October 28,
2011, a memo was distributed to the Board of County Commissioners notifying
them of the resignation of Mr. Michael Arts and requesting nominations. After initial
notification to the BCC, a nomination was forwarded by the Authority
recommending Mr. Rosetto to fill the remaining unexpired term. A second memo was circulated to the BCC on
November 8, 2011, to forward Mr. Rosetto’s information. No other nominations were received. District 4 (JM)
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
(Investment
Policy Committee)
1. Staff recommends
motion to approve: Appointment of one (1) individual to the
Investment Policy Committee:
Nominee
Seat No.
Nominated By
Joseph D.
Hill, Jr. 5 Commissioner
Taylor
Commissioner
Aaronson
OR
William
Wilson Moore 5 Commissioner
Burdick
SUMMARY: Sevine
Williams, Jr. resigned from his seat on the Investment Policy Committee (IPC)
and his seat on the Committee needs to be filled. The Committee is comprised of seven (7) members,
including a current member of the Board of County Commissioners, four
representatives from the private sector approved by the BCC, a designee of the
Palm Beach County Sheriff’s Office, and an employee of the Office of Financial
Management and Budget selected by the County Administrator. Commissioner Aaronson currently serves as the
Board’s representative and as the Committee’s Chairman. Countywide (PK)
C. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 6, 2011
6. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 6, 2011
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 6, 2011
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, CHAIR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, VICE CHAIRMAN
Request
approval to present off-site, a Proclamation honoring the Florida
Intergenerational Orchestra of America.
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
Request approval to present off-site, a Proclamation declaring “We Kan
Burn BBQ & Toy Drive Day” in Palm Beach County.
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."
December 6, 2011 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
DECEMBER 6, 2011
PAGE ITEM
6 2C-4 ADD-ON: Proclamation declaring January 2012 as
“Stalking Awareness Month” in Palm Beach County. (Sponsored by Commissioner
Santamaria)
10 3E-2 DELETED: Staff recommends motion to approve: Consulting/Professional Services Contracts
with Caregiver Services, Inc., d/b/a Friends Assisting Seniors & Families,
for the period of October 1, 2011, through September 30, 2012, in an amount
totaling $122,560 for health services to Head Start and Early Head Start
children:…(Community Services) (Insurance deficiencies)
17 3H-2 REVISED TITLE: Staff recommends motion to approve:
Amendment No. 3 to the Annual Heating Ventilation Air Conditioning
(HVAC) Contracts: A)…B)…C)…D)…E) E.C. Stokes Mechanical
Contractors, Inc. (R2010-0068) SBE/Local, $118,299.86 awarded, 97.04% SBE; and F) The Airtex Corporation (R2010-0070)
SBE/Local, $39,654 awarded, 75.41% SBE. (FDO)
19 3H-7 REVISED TITLE: Staff
recommends motion to approve: a Second Amendment to the Lease Agreement
(R2006-0077) with Robert Weatherbee d/b/a The Sub Division, a sole proprietor,
exercising the first extension option to provide food services at the County’s
Vista Center 2300 Building in West Palm Beach at an annual rate of $8,422.98.
(FDO)
20 3H-9 REVISED TITLE: Staff
recommends motion to approve: an Utility Underground 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)
29 4A-1 REVISED TITLE & SUMMARY: Staff recommends motion to:
A) approve an Energy Efficiency Conservation Loan
(Energy Loan) Program Agreement with Doctors Scientific Organica, LLC (DSO)
Scientific Real Estate Holdings, LLC (“the Company”) in the amount of
$240,000;
B) approve exceptions to the Palm
Beach County Energy Loan Program Criteria for DSO the Company to:
(a) waive the maximum loan amount of $150,000; and (b) waive the maximum term
of ten (10) years in order to match the Small Business Administration (SBA)
loan requirement of 20 years; and
C) authorize the County Administrator
or his designee to sign the loan documents associated with this item.
Summary: This $240,000 Energy Loan will be for
a term of 20 years and will fund energy efficiency retrofits at the DSO’s Company’s
nutritional baking products manufacturing facility. DSO The Company
has developed a line of certified food products that are sold under three (3)
trademarked names and is seeking to expand from an 18,000 to a 25,000 sq. ft.
building in Riviera Beach. The approximate total project investment is
$3,126,853 and the projected sources of funding include: $240,000 Energy Loan;
$473,000 Section 108 Loan; $1,300,673 from a financing institution; $1,040,538
from the SBA; and $72,642 from DSO the Company. The company will
create 25 new full-time jobs. These are Federal funds that require no local
match. District 7 (DW) (Admin/EDO)
30 4A-4 ADD-ON: Staff recommends motion to approve:
A) a five (5) year Agreement with the
Business Development Board of Palm Beach County, Inc., in the aggregate amount
of $4,657,350, subject to annual potential adjustment and appropriation, for
the period of October 1, 2011, through September 30, 2016, to assist in providing
economic development activities for Palm Beach County; and
B) the
Scope of Services for Fiscal Year 2011-2012 in the amount of $931,470.
Summary: Under the Agreement, the Business
Development Board (BDB) will provide business recruitment, expansion and
retention services and general marketing for Palm Beach County. The BDB will
work in partnership with the County’s Economic Development Office with the goal
of creating a stable and diverse economic climate throughout Palm Beach County. A new Scope of Services will be developed annually and be subject to
approval by the Board of County Commissioners. Additionally, the annual
contract amount will be subject to annual budget appropriation. This Agreement
provides for a Small Business Enterprise (SBE) overall participation goal of
15%, in accordance with goals established by the SBE Ordinance (R2002-0064).
A deviation from the standard County contract language is contained in Article 14-Conflict of Interest. Standard County Contract language, which requires adherence to Chapter 112, Part III Florida Statutes, “Code of Ethics for Public Officers and Employees,” was deleted at the request of BDB. Notwithstanding this deletion, staff recommends approval of the Agreement because BDB agreed to changes in the Disclosure of Material Interests form (Disclosure) which sufficiently addresses the conflict of interest provisions contained in the State’s Code of Ethics. The Disclosure is included as Attachment B to the Agreement, and must be signed annually by the CEO and Board of Directors before a Notary Public, and states that neither the CEO or Board of Directors, nor any member of their immediate family has any material interest, directly or indirectly in an entity seeking economic development incentives from the County with the assistance of the Business Development Board. Retroactive payments will be made to cover services rendered beginning October 1, 2011.
Business Development Board employee Gary
Hines, serves on the Treasure Coast Regional Planning Council’s Comprehensive
Economic Development Strategy Committee. The Board/Council provides no
regulation, oversight, management, or policy-setting recommendations regarding
the Business Development Board’s 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.
This item was placed on the Add-Delete Sheet so as not to further delay
economic development efforts. These are County Ad
Valorem funds. Countywide
(DW) (Admin/EDO)
33 4F-1 REVISED TITLE: Staff
recommends motion approve on
preliminary reading and advertise for public hearing on December 20, 2011 at
9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, providing for a countywide
referendum to be placed on the ballot on November 6, 2012, for the purpose of
determining whether slot machine gaming shall be authorized at licensed
pari-mutuel facilities located within Palm Beach County; as provided
for in Article X, Section 23, of the Florida Constitution and applicable
provisions of the Florida Statutes; providing for title; providing for
referendum and ballot language; providing for certified copy to
Supervisor of Elections; providing for inclusion in the code of laws and
ordinances; providing for enforcement; providing for severability; and
providing for an effective date. (County Attorney)
33 4G-1 ADD-ON: Staff
recommends motion to approve on preliminary reading and advertise for
public hearing on December 20, 2011 at 9:30 a.m.: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, providing
that the updated Florida Fire Prevention Code shall be deemed adopted;
providing for local amendments to the Florida Fire Prevention Code; repealing
and replacing Chapter 12, Article IV of the Palm Beach County Code (codifying
Ordinance 2008-045) in its entirety; providing for legislative findings;
providing for applicability; providing for repeal of laws in conflict;
providing for a savings clause; providing for severability; providing for
inclusion in the code; and providing for an effective date. SUMMARY:
Pursuant to Chapter 633, Florida Statutes, the State Fire Marshal has adopted
an updated statewide minimum fire safety code, known as the Florida Fire
Prevention Code, in Rule Chapter 69A-60 of the Florida Administrative
Code. This updated Florida Fire Prevention Code will become effective on
December 31, 2011, and is based on updated Florida editions of the National
Fire Protection Association’s Fire Code (NFPA 1) and Life Safety Code (NFPA
101). The local amendments to the Code include a revised fee schedule
creating a fee for after-hours inspection, an annual facility plan review fee
and vacant building inspection fee; providing for a reduction in mercantile,
business & storage inspection fees; and providing for an increase in
firework permit fees. Effective December 31, 2011, the County will
enforce the updated Florida Fire Prevention Code with the Palm Beach County
Local Amendments adopted by this Ordinance. Countywide (SB) (Fire
Rescue)
37 8G ADD-ON: Request approval to present off-site, a Proclamation
declaring December 16, 2011 as “Battle of the Bulge Day” in Palm Beach County.
(Sponsored by Commissioner Taylor)
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 (*).