BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
FEBRUARY 7, 2012
TUESDAY COMMISSION
6:00 P.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 - 22)
4. REGULAR
AGENDA (Pages 23 - 27)
TIME
CERTAIN - 7:30 P.M. (Singer Island) (Page 27)
5. BOARD
APPOINTMENTS (Pages 28 - 29)
6. MATTERS BY THE PUBLIC – 7:00 P.M. (Page 30)
7. STAFF
COMMENTS (Page 31)
8. COMMISSIONER
COMMENTS (Page 32)
9. ADJOURNMENT (Page 32)
* * * * * * * * * * *
FEBRUARY 7, 2012
SPECIAL PRESENTATIONS - 6:00 P.M.
Page 6
2C-1 American Water Works Association Water
Distribution Award
2C-2 Palm Healthcare Foundation’s 10th
Year of Service
2C-3 Medical Home Day
2C-4 Family Central’s 40th Anniversary
2C-5 Palm Beach County Multi-Agency Diversion Task
Force
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolution
regarding County officials’ use of SunPass
B. CLERK & COMPTROLLER
Page 7
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 7
3C-1 Five (5) Resolutions related to
construction/improvements at Toney Penna Drive and Old Dixie Highway
Page 8
3C-2 Construction Agreement with FDOT for
construction of West Atlantic Avenue (west of Lyons Road to Starkey Road)
3C-3 Payment to FPL for relocation of overhead
facilities crossing SR 7 for SR 7/C-51 Canal bridge widening project
3C-4 Contract
with Foster Marine Contractors for Glen Ridge paving and drainage improvements
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 9
3E-1 Florida Department of Children and Families
Homeless Challenge Grant Agreement for homeless prevention services
3E-2 Amendment
No. 2 with Area Agency on Aging for services under the Older Americans Act
F. AIRPORTS - None
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 9
3H-1 Amendment
No. 5 with The BG Group, LLC to the annual demolition contract
Page 10
3H-2 CSA
No. 2 with Johnson, Levin, Ragen, Davila, Inc. for radio frequency engineering
services
3H-3 Change Order No. 15 with Moss &
Associates, LLC related to construction of the Palm Tran West Maintenance
Facility
Page 11
3H-4 Interlocal
Agreement with U.S. Marshals Service regarding inter-agency communications
3H-5 Lease
Agreement with City of Boynton Beach for Boynton Beach Head Start Facility
Page 12
3H-6 Option to extend Lease Agreement with SFWMD
and Roth Farms, Inc. for farming
3H-7 First
Amendment with PBC Credit Union for operation of ATM at Vista Center
FEBRUARY 7, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. ECONOMIC SUSTAINABILITY
Page 13
3I-1 Summary
of short sales
3I-2 Three
(3) Community Development Block Grant Agreements for various improvements
3I-3 Consent for County employee Conrad Bowen to
purchase/rehabilitate home under Neighborhood Stabilization Program 2
Page 14
3I-4 Acceptance
of three (3) deeds in lieu of foreclosure
3I-5 Creation
of nine (9) full-time grant funded positions
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 15
3K-1 CSA No. 6 with MWH Americas, Inc. for
replacement/rehabilitation of five (5) Production Wells at WTP No. 8
3K-2 Amendment to Financial Assistance Award with
U.S. Department of Commerce and Glades Utility Authority
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 16
3L-1 Purchase Orders from FWCC for Gopher
Tortoise habitat management
3L-2 Task Order No. 1435-03 with Taylor
Engineering, Inc. for sea turtle monitoring services
Page 17
3L-3 Project Agreement with FIND related to
construction of John’s Island Oyster Reef project
M. PARKS & RECREATION
Page 17
3M-1 Non-standard
Amphitheater Rental Agreement with JM Family Enterprises for company picnic at
Sunset Cove Amphitheater
3M-2 Agreement with SFWMD for potable water access
from John Stretch Memorial Park
Page 18
3M-3 Project Agreement with FIND for Dubois Park
Marina and Shoreline Stabilization project
3M-4 Notice of Limitation of Use/Site Dedication
for portion of Dubois Park
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 18
3Q-1 Second
Amendment with Gulfstream Goodwill Industries, Inc. for Alternative to Secure
Detention Program
Page 19
3Q-2 Contract
with Department of Juvenile Justice for security services at Juvenile
Assessment Center
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 19
3U-1 Interlocal Agreement with FAU to connect to
County’s Regional Network
Page 20
3U-2 Budget Transfer for ARRA-GIS project
FEBRUARY 7, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 20
3AA-1 Resolution conveying one (1) Arboc Mobility 20-Passenger bus to
Lakeland Mass Transit District
BB. SHERIFF’S OFFICE
Page 20
3BB-1 Grant Adjustment Notice amending High Intensity
Drug Trafficking Area Program grant
Page 21
3BB-2 Grant Adjustment Notice amending Recovery Act
Edward Byrne Memorial Justice grant
3BB-3 Second Amendment with City of Miramar for Urban
Area Security Initiative funds
3BB-4 Grant Adjustment Notice amending National Institute of Justice FY
2009 Forensic DNA Unit Efficiency Improvement Program grant
CC. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 22
3CC-1 Modification No. 1 with Florida
Division of Emergency Management for Westgate L-2 Pump Station project
REGULAR AGENDA
ADMINISTRATION
Page 23
4A-1 Inspector General funding
COUNTY ATTORNEY
Page 23
4B-1 Resolution
approving issuance of HFA Multifamily Housing Revenue Bonds (Village Square
Project)
COMMUNITY SERVICES
Page 24
4C-1 Modification
No. 1 with Florida Department of Economic Opportunity relative to funding
for self-sufficiency services to low
income families
Page 25
4C-2 Ryan White Part A and Minority Aids
Initiative grant awards
CRIMINAL JUSTICE
COMMISSION
Page 25
4D-1 Resolution to dissolve Criminal Justice,
Mental Health & Substance Abusing Planning Council
FEBRUARY 7, 2012
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ECONOMIC
SUSTAINABILITY
Page 26
4E-1 Short
sale/acceptance of $3,000 from Charmettes, Inc. in connection with Pine Ridge
Apartments project
4E-2 Policies for Alternative Strategies to
Foreclosure
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 27
4F-1 Singer Island erosion control – TIME
CERTAIN 7:30 P.M.
PLANNING, ZONING
& BUILDING
Page 27
4G-1 Resolution
granting County tax exemption for one (1) historic property within the City of
Delray Beach
BOARD
APPOINTMENTS (Pages 28 - 29)
MATTERS BY THE PUBLIC –
7:00 P.M. (Page 30)
STAFF
COMMENTS (Page 31)
COMMISSIONER
COMMENTS (Page 32)
ADJOURNMENT (Page 32)
FEBRUARY 7, 2012
2C. SPECIAL PRESENTATIONS – 6:00 P.M.
1. Florida Section of the
American Water Works Association Water Distribution Award.
2. Proclamation
recognizing Palm HealthCare Foundation’s 10th Year of Service.
(Sponsored by Commissioner Burdick)
3. Proclamation
declaring February 11, 2012 ad “Medical Home Day” in Palm Beach County.
(Sponsored by Commissioner Aaronson)
4. Proclamation
recognizing Family Central’s 40th Anniversary. (Sponsored by
Commissioner Vana)
5. Proclamation
commending the Palm Beach County Multi-Agency Diversion Task Force. (Sponsored by Commissioner Aaronson)
* * * * * * * * * * * *
FEBRUARY 7, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
amending Resolution R1992-165D, approving a cash deposit agreement between Palm
Beach County and the State of Florida Department of Transportation, to expand
the cash deposit agreement’s use to include airport parking and other services
available through SunPass for authorized County officials; and providing for an
effective date. SUMMARY: In January
1992, the Board approved Resolution R1992-165D which approved a cash deposit
with the State in the amount of $1,100, securing payment for tolls incurred
when authorized County officials traveled on the Florida turnpike. Since that time, Palm Beach International
Airport (PBIA) has authorized the use of SunPass for parking. Although there is no additional cash deposit
required by the State for this additional usage, it is necessary to amend the
existing resolution to authorize County officials’ use of the SunPass for other
than turnpike tolls. Countywide (PFK)
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 December 20,
2011
Zoning January 5,
2012
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 November 2011. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to adopt: five (5) Resolutions to declare the acquisition of property designated as Parcel 100 as a Fee Simple acquisition and Parcels 302, 303, 304A and 304B as Temporary Construction Easements necessary for the construction and improvements at the intersection of Toney Penna Drive and Old Dixie Highway. SUMMARY: The adoption of these Resolutions will initiate eminent domain proceedings against five (5) parcels having a total appraised value of $98,400. District 1 (PM)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends motion to receive and file: a Construction Agreement, dated December 15, 2011, with the Florida Department of Transportation (FDOT) for construction of the West Atlantic Avenue from west of Lyons Road to Starkey Road project (Project). This Construction Agreement was approved on November 30, 2011, by the Deputy County Engineer, as a delegated authority in accordance with R2011-1740. SUMMARY: This Construction Agreement is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. District 5 (MRE)
3. Staff recommends
motion to approve: a payment to Florida Power & Light Company (FPL)
in an amount not to exceed $103,471.08 for relocation of overhead facilities
crossing State Road 7 for the State Road 7 and C-51 Canal Bridge widening
project (Project). SUMMARY: Approval
of this payment to FPL will allow for the required relocation of conflicting
overhead electric distribution facilities to allow for construction of the
Project. Payment to FPL is required
because their existing facilities are located within South Florida Water
Management District canal right-of-way. District 6 (MRE)
4. Staff recommends
motion to approve: a 120
calendar day Contract with Foster Marine Contractors, Inc. (Contractor), the
lowest, responsive, responsible bidder, in the amount of $447,458 for the Glen
Ridge Paving & Drainage Improvements (Project), Project No. 2003061-G. SUMMARY:
Approval of this Project will provide for the construction of a drainage system
for the Glen Ridge area and reconstruction of the roads to coordinate with the
storm water improvements. The Contractor
is a Palm Beach County business. The
construction contract is wholly funded with federal grant funds, therefore the
Small Business Enterprise (SBE) Ordinance does not apply to this Project. District 3 (MRE)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file:
A)
State of Florida Department of Children and Families (DCF) Homeless
Challenge Grant Agreement, No. IFZ16, for the period of December 8, 2011,
through June 30, 2012, in an amount of $63,397, for provision of Homeless
Prevention Services;
B) Contract with Coalition for Independent Living
Options, Inc. for the period of December 8, 2011, to June 30, 2012, in an
amount of $21,132 for provision of Homeless Prevention Services to individuals
and families with disabilities;
C)
Contract with Adopt-A-Family of the Palm Beaches, Inc. for the period of
December 8, 2011, to June 30, 2012, in an amount of $21,133, for provision of
Homeless Prevention Services to individuals and families; and
D)
Contract with Faith-Hope-Love-Charity, Inc. for the period of December
8, 2011, to June 30, 2012, in an amount of $21,132, for the provision of
Homeless Prevention Services to Veterans and their families.
Summary: On September 13,
2011 (R2011-1303), the Board of County Commissioners delegated authority to the
County Administrator or his designee to sign the State of Florida DCF Homeless
Challenge Grant Agreement and to sign contracts with Coalition for Independent
Living Options, Inc., Adopt-A-Family of the Palm Beaches, Inc., and
Faith-Hope-Love-Charity, Inc. for a period no longer than one (1) year, to end
June 30, 2012. This authorization and
designation was necessary to expedite the contracts and thereby avoid gaps in
service delivery to homeless individuals.
The total amount of funds, $63,397, is for a one-year period and is
non-recurring. No match is required for
these funds. (Human Services) Countywide
(TKF)
2. Staff recommends
motion to receive and file: Amendment No. 002 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 add Attachment VIIA reflecting OAA 2011 approved rates. Summary: The purpose of this Amendment is to add
Attachment VIIA reflecting OAA 2011 approved rates and to add reference to OAA
2011 approved rates to sections 2.8.4 and 3.1.1 and the Index to Agreement
Attachments. 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. (DOSS) Countywide
(TKF)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
Amendment No. 5 to Contract with The BG Group, LLC (R2008-1055) to implement
the fourth renewal of the annual Demolition contract with a maximum value of
$500,000. SUMMARY: Amendment No. 5 is a renewal to the Annual
Demolition Contract which was awarded to The BG Group, LLC. The Annual
Demolition Contract is an indefinite-quantity contract and this renewal has a
maximum value of $500,000. Staff is bringing forward the amendment at this time
based on pending work which would exceed the value of the contract. All terms
of the original contract remain in effect. The Small Business Enterprise (SBE)
participation goal for the contract is 15%. The BG Group’s SBE participation
for work orders issued to date is 96%. The BG Group, LLC is a Palm Beach County
company and a certified SBE contractor. (FD&O Admin) Countywide (JM)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
Consultant Services Authorization (CSA) No. 2 with Johnson, Levin, Ragen,
Davila, Inc. (JLRD) (R2011-0850) in the amount of $238,649 for radio frequency
(RF) engineering services. SUMMARY:
This Authorization will provide services associated with two separate RF
projects: (1) the migration of the County’s analog microwave system to a
digital system (assessment, design, project management and commissioning
services), and (2) master planning and peer design review for the
renewal/replacement of the existing 800 MHz network infrastructure with digital
IP based network infrastructure (master planning and peer design review
services). The microwave project is
designed to replace a 28 year old system now supporting only UHF EMS
communications to the same digital protocol which the County installed new in
1998 to support its 800 MHz system. This microwave replacement project will
expand the current capacity which is at its max in two regions of the County
and put in place the necessary microwave support for the 800 MHz
renewal/replacement project. The existing 800 MHz system is over 12 years old,
support for certain network components is no longer available and no dispatch
consoles, transmitter sites and RF channels can be added. This planned replacement of the network
infrastructure will allow for: 1) continued support and reliability of the
system, 2) P25 compliant system infrastructure to be in place giving the users
the option to migrate when operational requirement and budgets allow, 3) future
expansion of the system, enhance communication and interoperability capabilities,
and 4) direct connection with other counties planning identical projects. JLRD is under contract for Electrical
Engineering Continuing Services and has subcontracted with a firm with
particular expertise in this specialized area.
This contract includes a Small Business Enterprise (SBE) goal of 15%.
This task has 0% SBE participation as JLRD is a non-SBE firm and the
specialized work these projects entail is not available by any SBE certified
engineering firm. When added to the
Consultant's participation to date, the resulting SBE participation is 0%. JLRD is a Palm Beach County firm. This CSA is
funded from the Radio System Renewal/Replacement Account which is made up from
annual fees paid by all full time users of the system for this restricted
purpose as well as $12.50 fine and forfeiture proceeds. (Capital Improvements
Division) Countywide/District 2 (JM)
3. Staff recommends
motion to approve: Change Order
No. 15 to the contract with Moss & Associates, LLC (R2007-0031) decreasing
the Guaranteed Maximum Price (GMP) for the West County Detention Facility
Amendment No. 7 in the amount of $757,389.97 for construction of the Palm Tran
West Maintenance Facility. SUMMARY: The
Board approved Amendment No. 7 in the amount of $5,726,930 to the GMP
with Moss Construction to construct the Palm Tran Maintenance Facility adjacent to the West County Detention Center.
This Change Order to reduce the contract
amount is based on: 1) savings due to return of unused allowances, 2) unused
owner’s contingency resulting from buyout savings and reconciliation of sales
tax recovery purchase orders, and 3) efficiencies in general condition costs
due to the overlapping of the various projects associated with the construction
of the jail expansion project. This project
was funded through stimulus money and federal grants from the federal government,
and all savings will be returned to Palm Tran.
The Disadvantaged Business Enterprise (DBE) participation goal for this
project is 10%. Moss & Associates
has obtained 14.5% DBE participation upon approval of this final Change Order. (Capital
Improvements Division) Countywide/District 6 (JM)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: an Interlocal Agreement with the United States Marshals
Service allowing for interoperable communications through the countywide common
groups of the County’s Public Safety Radio System. SUMMARY: This Interlocal Agreement
provides the conditions under which the U.S. Marshals Service can program into
its radios and utilize the countywide common talk groups for certain types of
inter-agency communications. The
County’s system will not be utilized for routine operational communications by
the U.S. Marshals Service. The terms of
the agreement are standard and have been offered to all municipalities and
local branches of state and federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
agreement. The U.S. Marshals Service is
required to pay all costs associated with subscriber units and to comply with
the established operating procedures for the County’s Public Safety Radio
System. The agreement provides for an
initial term of five (5) years with three (3) renewal options, each for a
period of five (5) years. This
Interlocal Agreement may be terminated by either party, with or without cause,
upon ten (10) days prior notice to the other party. (ESS) Countywide
(JM)
5. Staff recommends
motion to approve: a Lease
Agreement with the City of Boynton Beach, for the
County's Boynton Beach Head Start facility located at 909 Northeast 3rd
Street, Boynton Beach at an annual rental rate of $1. SUMMARY: Since October 2, 1990
(R90-1697D) the County, on behalf of the Community Services
Department, has subleased an approximately 10,190 SF building plus associated
ground area for the operation of a child care center located at 909 Northeast 3rd
Street, Boynton Beach from The Boynton Beach Child Care Center, Inc. (BBCCC)
pursuant to a Sublease dated October 2, 1990 (R90-1697D). The building is owned by the City of Boynton
Beach and leased to BBCCC. The County
exercised all its available extension options, and the Sublease expired on May
31, 2010. Head Start has continued to
occupy the space, and is currently operating on a month to month basis. After
several attempts to obtain program information from the BBCCC to document the
nature and extent of BBCCC’s use of the building to ensure no interference with
Head Start operations proved unsuccessful, the City at its December 6, 2011
meeting terminated its Lease Agreement with BBCCC and approved the execution of
a Lease Agreement with the County. This Lease Agreement provides for a ten (10)
year initial term, and includes automatic extensions for two (2) successive
periods of ten (10) years each, unless either party provides 180 days notice
prior to the current terms expiration date.
The annual rent is $1. The County
will be responsible for all maintenance on the building and building systems,
including the playground equipment, landscaping and irrigation systems. (PREM) District
7 (HJF)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to:
A) approve an extension letter to exercise the second option to extend the
Lease Agreement (R2007-1722) with South Florida Water Management District
(SFWMD) and Roth Farms, Inc., for Roth Farms to continue to farm 114.57 acres
of land at 20 Mile Bend; and
B) adopt a Resolution finding that exercising the second option to extend the
Lease Agreement with South Florida Water Management District and Roth Farms,
Inc., is in the best interest of the County.
SUMMARY: The County and SFWMD own adjacent
parcels of land at 20 Mile Bend that are leased by Roth Farms for sugar cane
and row crops. The extension letter approves the second of three (3) renewal
options of one (1) year each, extending the term to February 25, 2013, with a
three percent (3%) rent increase. The revenues are shared on a pro rata basis
between SFWMD (33.92%) and the County (66.08%). The annual rent for the
extension period is $25,363.51 and the County will receive $16,760.21. All
other terms of the Lease remain in full force and effect. Rick Roth of Roth
Farms serves on the Agricultural Enhancement Council. The Council provides no
regulation, oversight, management, or policy-setting recommendations regarding
the lease agreement. Disclosure of the
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provision of Sect. 2-443, of the Palm Beach County Code of
Ethics. (PREM) District 6 (HJF)
7. Staff recommends
motion to approve: a First
Amendment to and Reinstatement of ATM Operating License Agreement (R2007-0140)
with the PBC Credit Union to retroactively extend the term to February 5, 2015,
for the operation of an automated teller machine (ATM) at the Vista Center
Office Building. SUMMARY: The ATM Operating License Agreement (ATM
Agreement), which provides the terms and conditions under which PBC Credit
Union uses space on the first floor of the County-owned Vista Center Office
Building located at 2300 North Jog Road in West Palm Beach for the operation of
an ATM, expired on February 5, 2012. The ATM Agreement provided for two (2)
renewal options, each for a period of five (5) years. This First Amendment reduces the term of each
renewal option from five (5) years to three (3) years each. Both parties must approve the renewal option. PBC Credit Union has approved a renewal to
extend the term of the ATM Agreement until February 5, 2015. The renewal now requires Board approval. The ATM Agreement provides that either party
may terminate the ATM Agreement for any reason upon thirty (30) days notice to
the other party. PBC Credit Union is not
charged a license fee for the use of the ATM space. This First Amendment: (i) renews the term for
3 years; (ii) provides for disclosure of the County Ordinance establishing the
Office of the Inspector General; and (iii) reduces the term of the remaining
renewal option to three (3) years. Other than the changes set forth herein all
other terms and conditions remain the same. (PREM) District 2 (HJF)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: a Summary
of short sales approved through December 31, 2011, by the Department of
Economic Sustainability (DES). Summary: On January 12, 2010, the
Board of County Commissioners (BCC) approved Short Sale Policy Guidelines. DES approved 35 short sales from January 12,
2010, through December 31, 2011, which are hereby being submitted to the BCC to
receive and file. All short sales comply
with the approved Guidelines. (MHA) Countywide (TKF)
2. Staff recommends
motion to approve: the following three (3) Community Development Block
Grant (CDBG) Agreements:
A) an Agreement with the Town of
Jupiter in the amount of $201,145.10 for the period February 7, 2012, to
November 15, 2013;
B) an Agreement with the Town of Mangonia Park in the amount of $7,225 for
the period February 7, 2012, to December 12, 2012; and
C) an Agreement with the City of Riviera Beach in the amount of $200,892
for the period February 7, 2012, to July 31, 2013.
Summary: On July 19, 2011, the Board of
County Commissioners (BCC) approved (R2011-1096) the allocation of the funds
for the Town of Jupiter, Town of Mangonia Park, and the City of Riviera Beach
through the approval of Palm Beach County’s Action Plan for Fiscal Year
2011-2012. The project in the Town of
Jupiter includes street improvements in the Pine Gardens North and the Eastview
Manor neighborhoods. The project in the Town of Mangonia Park includes
installation of recreational playground improvements at the Addie L. Greene
Public Park. The project in the City of
Riviera Beach includes street improvements on West 36th Street. These are Federal CDBG funds which require
no local match. (Contract Development) Districts 1 & 7 (TKF)
3. Staff recommends
motion to approve:
consent for Palm Beach County employee Conrad L. Bowen to purchase and rehabilitate a home
with Federal funds received
under the Neighborhood Stabilization Program 2 (NSP2) as administered by the Department of Economic
Sustainability (DES). SUMMARY: Conrad L. Bowen has been employed by Palm Beach County Parks
& Recreation Department as a Maintenance Worker II for three (3) years and
nine (9) months. He is an income
eligible homebuyer who is seeking to purchase and rehabilitate a home at
556 Cashiers Drive, West Palm Beach, Florida 33413. The
appraised value of the home is $120,000.
The total project cost is $179,525.39, which includes the purchase price of $120,000;
repair costs of $50,000; and closing costs of $9,525.39. The total amount of NSP2 assistance is
$178,000. Funding to this applicant is provided as a $75,000 first mortgage loan at
4% for 30 years. The balance of funding to the applicant is provided as a
conditional grant that requires the applicant to reside in the home for 30
years. The conditional grant is only forgiven at the end of the 30
years. If the applicant rents, sells, or otherwise conveys the home
during the 30 years, the entire conditional grant becomes due and payable. The value of the home after
rehabilitation will be $170,000. Federal
regulations pertaining to NSP2 require that an exception be sought from the
U.S. Department of Housing and Urban Development (HUD) in instances where a
conflict of interest may exist. A Conflict
of Interest Exception for Mr. Bowen was approved by HUD on September 23, 2011,
and allows this County employee to be funded under NSP2. It is DES Policy to seek the consent of the
Board of County Commissioners (BCC) whenever County employees are receiving assistance
through DES Programs. These are Federal NSP2 funds which require
no local match. (MHA) District 2 (TKF)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to ratify: the acceptance of three (3) deeds in lieu of
foreclosure received by Palm Beach County as follows:
A) Deed in lieu of foreclosure from
Leroy J. Spruill, Jr. dated January 21, 2010, and recorded in Official Record
Book 24339, Page 1955, of the Public Records of Palm Beach County, Florida;
B) Deed in lieu of foreclosure from
Siam Jude Joseph dated September 24, 2010, and recorded in Official Record Book
24169, Page 1776, of the Public Records of Palm Beach County, Florida; and
C) Deed in lieu of foreclosure from
Naimah Abdul Rahmaan dated August 17, 2011, and recorded in Official Record
Book 24716, Page 1526, of the Public Records of Palm Beach County, Florida.
Summary: Each
of the above named individuals received repayable first mortgage assistance to
enable them to purchase homes under the Universal Housing Trust Fund Program
(UHTF). In addition, Mr. Spruill and Mr.
Joseph received forgivable second mortgage assistance under the State Housing
Initiatives Partnership (SHIP) Program, and Ms. Abdul Rahmaan received
forgivable second mortgage assistance under the HOME Investment Partnership
(HOME) Program. The recipients defaulted
on their first mortgage payments and requested that the County accept a deed in
lieu of foreclosure. The three (3) above
stated deeds were prepared by the County Attorney’s Office and accepted by the
County in response to such request. The County Administrator, with the
concurrence of the County Attorney, approved these settlements pursuant to the
Administrative Code. The mortgages of record
were satisfied as part of this transaction.
The satisfaction of these mortgages may be regarded as debt forgiveness
under Internal Revenue Service rules and may have tax reporting implications
for these recipients. This ratification will formalize the acceptance of these
three (3) deeds which will enable the cancellation of the associated mortgages
as receivable assets and will enable any tax reporting filings to move
forward. The homes will be sold to
income eligible homebuyers. (MHA) Districts
2, 6 & 7 (TKF)
5. Staff recommends
motion to approve: the
creation of nine (9) full-time positions within the Department of Economic
Sustainability, which will be grant funded. SUMMARY: These nine (9) positions are required to
perform administrative, planning, technical, and customer service work required
by the implementation of various Federal and State funded programs. The nine (9) positions to be created are: a
Customer Service Specialist (Pay Grade 15); an Administrative Assistant (Pay
Grade 26); a Community Development Project Coordinator (Pay Grade 32); a Fiscal
Specialist II (Pay Grade 20); a Contract Manager (Pay Grade 39); a Compliance
Inspector (Pay Grade 29); and three (3) Planner I (Pay Grade 29). These positions will be funded from grant
funds presently available or from any other funds that become available at a
future time. The positions will
terminate upon the exhaustion of available funds. (DES Administration) Countywide
(TKF)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 6 to MWH Americas, Inc. for replacement and rehabilitation
of five (5) Production Wells at Water Treatment Plant No. 8 in the amount of $166,443.60. SUMMARY:
On May 3, 2011, the Palm Beach County Board of County Commissioners
approved the continuing Contract for Utility
Hydrogeologic & Water Resources Engineering Services with MWH Americas, Inc. (R2011-0632) to obtain
engineering/professional services for utility related projects. This CSA will provide for engineering and
hydrogeological services to design and permit replacement of two (2) wells and
rehabilitation of three (3) wells at Water Treatment Plant No. 8. Over
one-third of the Department’s 89 wells have been in service 30 years or longer
and they are approaching their useful lifespan.
This is the first phase of a multi-year asset management plan to replace
or rehabilitate five (5) wells per year with upgraded corrosion resistant
materials which will substantially increase their lifespan. The Small
Business Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The
contract with MWH Americas,
Inc. provides for SBE participation of 26% overall. This authorization includes 17.06% overall
participation. The cumulative SBE
participation, including this CSA is 7.68% overall. MWH
Americas, Inc. is a Palm Beach County company. (WUD Project No. WUD 12-008)
District 2 (JM)
2. Staff recommends
motion to approve: an
Amendment to the “Financial Assistance Award” with the U.S. Department of Commerce,
Economic Development Administration (EDA) and the Glades Utility Authority
(GUA) to add the City of Belle Glade as a co-recipient. SUMMARY:
On January 12, 2010, the Board of County
Commissioners (BCC) ratified the signature of the County Administrator on an
application for Federal Assistance (SF-424) as “Co-Applicant” with the GUA for
Federal Grant funding from the Department of Commerce, Economic Development
Administration (R2010-0139). On April 8, 2010, Palm Beach County was notified
that the Grant was approved. A local match requirement of $1,330,000 will be
obtained from previously awarded State and local grants. On May 4, 2010, The BCC ratified a “Financial Assistance Award” with the
EDA and GUA in the amount of $3,990,000 for the design and construction of
wastewater infrastructure owned by the GUA, within their utility service area. Water
Utilities Department (WUD) will manage the project for the GUA. The project
will be funded from WUD’s Capital Improvement Fund. The GUA will be reimbursed
by EDA for the project costs and repay WUD from these funds. The Amendment is
necessary to add the City of Belle Glade as a co-recipient which is necessary
since the City of Belle Glade has property rights within one of the project
areas. These property rights relate to a
reverter clause contained in a deed conveying property from the City of Belle
Glade to GUA. District 6 (MJ)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) accept Purchase Orders A4CFEB and A4CFD8 from
Florida Fish and Wildlife Conservation Commission (FWCC) for Gopher Tortoise
Habitat Management at two (2) Palm Beach County Natural Areas, Yamato Scrub and
Lake Park Scrub, expiring May 25, 2012 in an amount of $10,000 for each site;
and
B) authorize the County Administrator, or his designee,
to sign purchase orders if required and other forms or amendments associated
with this cost reimbursement upon written notification by FWCC.
SUMMARY: Funds were requested to assist with
activities at Yamato Scrub Natural Area in Boca Raton and Lake Park Scrub
Natural Area in Lake Park. These initial
orders are for $10,000 at each site. The
program has a potential reimbursement of up to $15,000 for each site, depending
on the number of acres improved with these gopher tortoise habitat management
activities and the availability of funding.
There is no match required for this reimbursement funding. Districts 4 & 7 (SF)
2. Staff recommends
motion to approve: Task
Order No. 1435-03 to a continuing Contract (R2010-1435) with Taylor
Engineering, Inc. (Taylor) in the amount of $237,018.11 for sea turtle
monitoring services in association with the South Lake Worth Inlet Maintenance
Dredging Project, the South Lake Worth Inlet Sand Transfer Plant Reconstruction
Project, and the Singer Island Dune Restoration Project and to provide sea
turtle data management and analysis services for monitoring associated with
seven (7) environmental permits for projects in Ocean Ridge, Singer Island,
Jupiter and Juno Beach. SUMMARY:
The Board of County Commissioners approved the Contract with Taylor,
a Palm Beach County company, on September 14, 2010 (R2010-1435). This Task Order No. 1435-03 authorizes Taylor
to manage sea turtle monitoring activities during the 2012 sea turtle nesting season.
There is 75% Small Business Enterprise (SBE) sub consultant participation on
the Task Order. Taylor committed to an
overall 19% SBE participation in the Contract.
The work is funded by the Beach Improvement Fund supported by tourist
development taxes, a non-ad valorem source.
Districts 1, 4, & 7 (JM)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) receive and file Project Agreement (PB-11-154) executed by the
Florida Inland Navigation District (FIND) for $406,250 to cover a portion of
the $812,500 associated with the construction of the John’s Island Oyster Reef
Project (Phase 2/Phase B) situated in the Lake Worth Lagoon;
B) approve Budget Amendment of $406,250 in the Environmental
Enhancement Non-Specific Fund to recognize the FIND agreement;
C) adopt Resolution for the Clerk of the Board to
disburse $256,000 from the Vessel Registration Fee Trust Fund for the John’s Island Oyster Reef Project (Phase
2/Phase B);
D) approve Budget
Transfer of $256,000 from reserves in the Environmental Enhancement
Non-Specific Fund (1225) to the John’s
Island Oyster Reef Project (Phase 2/Phase B); and
E) approve Budget Transfer of $250,250 from the Manatee Protection Program to the
John’s Island Oyster Reef Project (Phase 2/Phase B).
SUMMARY:
Receive and file Project Agreement (PB-11-154) with FIND for $406,250 to
cover 50% of the construction costs for John’s Island Oyster Reef Project
(Phase 2/Phase B). Approve budget amendment of $406,250 that represents the
FIND funding and adopt and approve a resolution and budget transfer of $256,000
from Vessel Registration Fees and $250,250 from the Manatee Protection program
to cover the estimated project costs of $912,500. District 7 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: a non-standard Amphitheater Rental Agreement with JM Family Enterprises,
Inc., for a company picnic event on February 18, 2012, at Sunset Cove
Amphitheater. Summary: The Parks and Recreation Department
(Department) utilizes a standard Amphitheater Rental Agreement which is
executed at the Department level.
However, non-standard Amphitheater Rental Agreements are sometimes
required to satisfy the specific requirement terms of a given renter. JM Family Enterprises, Inc., has requested
modifications to the approved standard Amphitheater Rental Agreement
language. The modifications clarify the
responsibilities and expectations of the County and JM Family Enterprises,
Inc., for issues such as cancellation and postponement, minimum and maximum
attendance, photography and recording rights, and compliance with public entity
crimes certification. County net
revenues generated from the company picnic event total $4,450. District 5 (AH)
2. Staff recommends
motion to approve: Agreement with the South Florida
Water Management District (SFWMD) to provide potable water access
from John Stretch Memorial Park to the adjacent S-3 Pump Station for a 10-year
period from October 1, 2011, through September 30, 2021. Summary: SFWMD is currently receiving potable water
from John Stretch Memorial Park under an Agreement approved by the Board on
January 8, 2002, R2002-0094. That
Agreement has now expired and is being replaced by this new, retroactive
Agreement. The S-3 Pump Station is
located adjacent to John Stretch Memorial Park on top of the Herbert Hoover
dike located along the south shore of Lake Okeechobee. The SFWMD will pay the County $1,200 per year
for the water service and usage. District
6 (AH)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment
with the Florida Inland Navigation District (FIND) Waterways Assistance Program
Grant PB-09-140 for the Dubois Park Marina and Shoreline Stabilization project
extending the project completion date from September 1, 2011, to September 1,
2012. Summary: In 2009, the
County applied for and was awarded a $987,000 FIND grant for the Dubois Park Marina and Shoreline
Stabilization project. The term of the
grant agreement, R2009-2079, was from October 22, 2009, to September 1, 2011.
The County applied for and was awarded a one year project completion extension.
The project is nearing completion. The fully executed Project Agreement Amendment is
now being submitted to the Board to receive and file. There are no other changes to the terms of
the Agreement as a result of this Amendment.
District 1 (AH)
4. Staff recommends
motion to execute and record: a Notice of Limitation of Use/Site Dedication for a portion of Dubois
Park. Summary: In July of 2008, the County was awarded a
Florida Fish and Wildlife Conservation Commission Florida Boating Improvement
Program grant to assist in the construction of the Dubois Park marina. The
grant project is now complete and the grant contract requires that a Notice of
Limitation of Use/Site Dedication be executed and recorded in public records,
dedicating the project site for the use and benefit of the public for a period
of 20 years. District 1 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve: the Second Amendment to the Contract with
Gulfstream Goodwill Industries, Inc. (R2011-0538) a not-for-profit agency, to
extend the contract term from November 30, 2011, to September 30, 2012 to
continue to provide the Alternative to Secure Detention Program. SUMMARY: The term of the initial
contract was from March 1, 2011, through August 31, 2011. The First Amendment
extended the term to November 30, 2011. The Criminal Justice Commission
requested the Florida Department of Law Enforcement (FDLE) approve an extension
of the grant funding term to September 30, 2012. The authority for Michael
Rodriguez to request the extension was given by FDLE and approved by the Board
of County Commissioners in R2011-0537. The initial contract with Gulfstream
Goodwill Industries, Inc. was delayed due to start up time in getting youth
into the program and getting staff hired and trained. There are unexpended
funds due to additional revenue sources being utilized for the caseworkers for
the 2012 fiscal year. This extension will enable additional tutoring services
to be provided to the youth for 2012. Countywide
(GB)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends
motion to:
A) ratify
signature of Chair on a Contract
for $77,013.24 with the Department of Juvenile Justice (DJJ) to contract for
security services at the Juvenile Assessment Center (JAC) from February 1, 2012, through August 31, 2012;
B) approve a Budget Amendment of $77,013.24 in the Criminal
Justice Grant Fund to establish budget for this project;
C) approve an Interlocal Agreement
with the Palm Beach County Sheriff’s Office (PBSO) to subcontract for security
services at the JAC for $405,159 for the contract period of December 1, 2011,
through September 30, 2012;
D) approve a Budget Transfer of $318,000
from the Criminal Justice JAG Program Grant to the PBSO Grants Fund transfer
line to establish budget;
E)
approve
a Budget Transfer of $10,146 from the JAC Donation Fund reserves; and
F)
approve a
Budget Amendment of $405,159
to the PBSO Grants Fund.
SUMMARY: DJJ funds of $77,013.24; JAG funds of $318,000; and
JAC Donation Fund reserves of $10,146 will provide for the cost of required
security at the JAC for FY 2012. PBSO has agreed to serve as the fiscal agent
to administer the provisions noted above. PBSO currently contracts for security
in the secure side of the JAC and previously funded the cost of security. Countywide (GB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: an Interlocal Agreement with Florida
Atlantic University (“FAU”) to connect FAU’s Jupiter campus to the Palm Beach
County (“County”) Regional Network. This
connection will also provide access to the Florida LambdaRail for both the
Scripps and Max Planck facilities located on the Jupiter campus. The
estimated net first year revenue to the County will be $15,600 for the initial
point of connection, for an initial term of one (1) year with automatic
one-year renewals unless notice is given by either party. SUMMARY: FAU wishes to connect their Jupiter campus to
the Palm Beach County Network in order to access the Florida LambdaRail. This connection will also allow Scripps and
Max Planck facilities, located on the FAU Jupiter campus, access to the
Internet2 research network. The County’s Information Systems Services (ISS)
Department will be responsible for providing these access services. FAU agrees
to reimburse the County for fiber optic cable construction costs of $23,970. The County will not incur any costs associated
with this project other than staff time involved in planning and managing the
project. This network connection does not require the County to pay
Florida LambdaRail a Third Party Connection Fee of $100 per month, as FAU is an
equity member and both Max Planck and Scripps are affiliate members of the
Florida LambdaRail. In addition to generating $15,600 in revenues to the
County, FAU will save approximately $12,500 annually. This Interlocal Agreement
provides for disclosure of Article XII, Section 2-422, Palm Beach County Code,
establishing the Office of the Inspector General. District 1 (PFK)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends motion to approve: a Budget Transfer of $221,102 in the Information Technology Capital Improvements Fund from Contingency Reserves to the ARRA-GIS Project. SUMMARY: The Countywide GIS capital project provides for many geographical information resources used throughout the County. This capital project has been jointly funded by the County and GIS partners, including the Sheriff’s Office and the Property Appraiser’s Office. Interlocal agreements have been executed between these entities further memorializing these relationships. This Budget Transfer will increase the ARRA-GIS Capital Project and fully fund this project for FY 2012. Countywide (PK)
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt
a Resolution authorizing the conveyance of one (1) Arboc Mobility 20-Passenger
Low Floor Cut Away bus to Lakeland Area Mass Transit District, Florida, and
B) approve
Agreement regarding the conveyance of one (1) Arboc Mobility 20-Passenger Low
Floor Cut Away bus to Lakeland Area Mass Transit District, Florida.
Summary: Palm Tran needs to dispose of one (1) Arboc
Mobility 20-Passenger Low Floor Cut Away bus.
This bus has not reached its useful life, and in accordance with the
Federal Transit Administration (FTA) guidelines, may be conveyed to another FTA
grant recipient. Lakeland Area Mass
Transit District, has approached Palm Tran and expressed their desire to
acquire this bus. Lakeland Area Mass
Transit District, 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
Bus for the public or community interest and welfare. This bus was purchased using 100% Federal
Funds earmarked to the City of Boynton Beach, and Palm Beach County purchased
this bus on behalf of the City of Boynton Beach. The City of Boynton Beach has
notified Palm Tran of the discontinuation of their service and the bus is no
longer needed by the City. Countywide
(DR)
BB. SHERIFF’S OFFICE
1. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the High
Intensity Drug Trafficking Area (HIDTA) Program grant to extend the grant
period from December 31, 2011, through March 31, 2012. SUMMARY:
The
Board of
County Commissioners (BCC) accepted this grant for $143,269 on May 4, 2010; the
original period for this grant was January 1, 2009, through December 31, 2010
(R2010-0726). On May 3, 2011, the BCC received and filed an agenda item
extending the grant period from December 31, 2010, through June 30, 2011
(R2011-0683). On August 16, 2011, the BCC accepted a Grant Modification
providing additional funding of $37,500 (R2011-1224). On September 13, 2011,
the BCC received and filed an agenda item extending the grant period from June
30, 2011, through December 31, 2011 (R2011-1427). This agenda item will extend
the grant period from December 31, 2011, through March 31, 2012. The Office of National Drug Control Policy
awarded these funds for expenses associated with the Palm Beach County
Multi-Agency Diversion Task Force. There is no match requirement associated with this
award. No
additional positions are needed and no additional County funds are required. Countywide
(GB)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF’S OFFICE
(Cont’d)
2. Staff recommends
motion to receive and file: Grant Adjustment
Notice amending the Recovery
Act Edward Byrne Memorial Justice Assistance Grant to extend the grant period
from September 30, 2011, through March 31, 2012. SUMMARY: The Board of
County Commissioners accepted this grant for $213,649 on July 19, 2011; the
original period for this grant was April 1, 2011, through September 30, 2011
(R2011-1091). This agenda item will extend the grant period from September 30,
2011, through March 31, 2012. The Edward Byrne Memorial Discretionary
Grants Program, administered by the Office of Justice Programs, Bureau of
Justice Assistance awarded these funds
for expenses associated with the Region 7 Drug Enforcement Strike Force. There
is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (GB)
3. Staff recommends
motion to receive and file: the Second Amendment, amending the agreement
with the City of Miramar, a municipal corporation of the State of Florida, as
the fiscal agent for the Ft. Lauderdale Urban Area Security Initiative to
extend the agreement period for various direct law enforcement oriented
domestic security activities, from August 31, 2011, through December 30, 2011. SUMMARY: On August 18, 2009, the Board of County Commissioners (BCC) accepted
this agreement to provide $451,337 in reimbursable funding; the original period
for this agreement was August 27, 2009, through May 31, 2011 (R2009-1334). On October 18, 2011, the BCC received and filed
an agenda item extending the grant period from May 31, 2011, through August 31,
2011(R2011-1652). This agenda
item will extend the agreement period from August 31, 2011, through December
30, 2011. This agreement provides a means of funding various domestic
security activities within the County and region using federal Urban Area
Security Initiative funds through the City of Miramar as the Ft. Lauderdale
UASI’s fiscal agent. These funds and related equipment will be used for direct
law enforcement activities. There is no
match requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (GB)
4. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the
National Institute of Justice FY 2009 Forensic DNA Unit Efficiency Improvement
Program Grant to extend the grant period from September 30, 2011, through
September 30, 2012. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $519,544 on
December 15, 2009; the original period for this grant was October 1, 2009,
through March 31, 2011 (R2009-2164). On March 1, 2011, the BCC received and
filed an agenda item extending the grant period from March 31, 2011, through
September 30, 2011 (R2011-0311). This
agenda item will extend the grant period from September 30, 2011,
through September 30, 2012. The National
Institute of Justice awarded these funds for an evidence screening laboratory
to improve the capacity and efficiency of the Forensic Biology Unit (FBU) of
PBSO. The screening laboratory will be
developed through renovation of existing space in the Boca Raton Police
Services Department in which trained Laboratory Analyst will screen and process
crime scene items before submission to the FBU. The Boca Raton Police Services
Department will provide the required 25% match requirement associated with this award. No
additional positions are needed and no additional County funds are required Countywide
(GB)
FEBRUARY 7, 2012
3. CONSENT
AGENDA APPROVAL
CC. WESTGATE/BELVEDERE HOMES
COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to receive and file: an executed Federally Funded Subgrant
Agreement (Grant), Modification One with the State of Florida Division of
Emergency Management (DEM) for the Westgate L-2 Pump Station, Project No.
2008910 (Project), to reinstate and extend the expiration date of the
Grant. This Grant was approved on
November 14, 2011 by the County Administrator, as a delegated authority in accordance
with R2006-0401. SUMMARY: On January 11, 2011 the Board executed the
Grant, R2011-0084. The Westgate/Belvedere Community Redevelopment Area (CRA)
previously applied for the Grant funding from the DEM. Palm Beach County
(County) entered into the Grant, Contract No. 11HM-2Y-10-60-01-010, with the
DEM for this Project because the DEM requires that the Grant be executed by an
official government entity. The Project
was initiated and funded by the CRA based on the Grant between the County and
DEM for the reimbursement of the funds.
Modification One extends the expiration date of the Grant to August 23,
2012. District 2 (MRE) (Engineering)
* * * * * * * * * * * *
FEBRUARY 7, 2012
A. ADMINISTRATION
1. Staff requests Board direction: regarding request from the Inspector General to commit to funding a potential deficit, not to exceed $600,000 in FY 2012, in the Office of Inspector General’s (OIG) fund resulting from nonpayment by municipalities. SUMMARY: In May 2011, the Board of County Commissioners adopted the OIG ordinance. Section 2-429(1) of the ordinance included the funding formula which proportionately distributed the OIG’s County/Municipal operations costs between the County and municipalities based on actual expenditures levels as reported in the State’s Local Government Electronic Reporting System (LOGER). This formula was thoroughly vetted through the ordinance drafting committee which included municipal representation and was unanimously approved by the Board. In November 2011, fifteen (15) municipalities filed suit challenging the legality of this funding mechanism. In response to this suit, the Clerk and Comptroller has refused to allocate any municipal revenues to fund the OIG. The OIG’s current FY 2012 County/Municipal budget is $3,049,643, of which $1,263,509 is to be funded from municipalities, based on the funding mechanism outlined in the OIG ordinance. Countywide (LB)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, approving
the issuance of not exceeding $6,100,000 Housing Finance Authority of Palm
Beach County, Florida Multifamily Housing Revenue Bonds (Village Square
Project) (the “Bonds”). SUMMARY: The Bonds are being issued by the
Housing Finance Authority of Palm Beach County, Florida (the “Authority”) to
finance a portion of the costs of acquisition, construction and equipping by
Village Square Elderly, Ltd. (the “Borrower”) of an approximately 84 unit
multifamily rental housing facility to be known as Village Square, to be
located at 770 SW 12th Terrace, Delray Beach, Florida 33444, to be rented to
qualified elderly persons in Palm Beach County, Florida (the “County”) as
required by Section 147(f) of the Internal Revenue Code of 1986, as amended
(the “Code”). The Bonds will be payable
solely from revenues derived from the Borrower and/or other collateral provided
by or on behalf of the Borrower. Neither
the taxing power nor the faith and credit of the County, nor any County funds,
shall be pledged to pay the principal or redemption premium, if any, or
interest on the Bonds. District 7 (PFK)
FEBRUARY 7, 2012
4. REGULAR
AGENDA
C. COMMUNITY
SERVICES
1. Staff recommends
motion to approve:
A)
Modification No. 001 of the Community Services Block Grant (CSBG)
Contract (R2011-1313) with the State of Florida Department of Economic
Opportunity for the period of October 1, 2011, to September 30, 2012, in an
amount of $602,947 for self-sufficiency services to low income families;
B)
Budget Amendment of $723,536 in the Community Action Program (CAP) Fund
to establish the additional funding and corresponding required match contingent
upon the grant award;
C)
Budget Transfer from the General Fund Contingency Reserves to the CAP
Fund to provide required match of $120,589; and
D) Two
(2) new grant funded positions.
Summary: Modification No. 001 will incorporate base increase funds of $314,861
and carryover funds of $288,086 for a new CSBG total of $1,147,967. An additional required match of $120,589
brings the new CSBG Contract total to $1,377,560. The additional funding will enable CAP to
provide self-sufficiency services to additional low income families. The
program offers employment support, rental and mortgage assistance, and utility
assistance to eligible clients. The focus of the program is to increase
community-based collaboration enabling the program to provide more services to
individuals and families and to expand certification and training programs for
low income individuals and families that enable them to become more
self-sufficient. CSBG will create two
(2) FTE Community Outreach Specialist I (Pay Grade 15) positions. The positions will be eliminated upon
expiration of the grant funds. The additional County required match funds are
not included in the FY 2012 budget. (Community Action Program) Countywide
(TKF)
FEBRUARY 7, 2012
4. REGULAR
AGENDA
C. COMMUNITY
SERVICES (Cont’d)
2. Staff recommends
motion to approve: recommended
grant awards for Ryan White Part A and Minority Aids Initiative (MAI) federal
funds for the period of March 1, 2012, to February 28, 2013, in an estimated
total amount of $7,268,734 based on current year grant funding as follows:
|
Agency |
Amount |
|
|
A) FoundCare, Inc. |
$547,239
|
|
|
B) Palm Beach County Health Department |
$2,358,864
|
|
|
C) Treasure Coast Health Council, Inc. |
$453,000
|
|
|
D) Health Care District of Palm Beach County |
$775,403
|
|
|
E) Compass, Inc. |
$330,082
|
|
|
F) Comprehensive AIDS Program, Inc. |
$1,878,515
|
|
|
G) Gratitude House, Inc. |
$17,120
|
|
|
H) Legal Aid of Palm Beach County, Inc. |
$255,000
|
|
|
I) Case Management (Eligibility) |
$
653,511 |
|
|
Total Amount |
$7,268,734 |
Summary: The awards will provide new or
ongoing funding for agencies providing
services to residents of Palm Beach County living with HIV/AIDS. The Ryan White
Program provides services under several categories including in
Outpatient/Ambulatory Medical Care, Laboratory Diagnostic Testing, Drug
Reimbursement, Medical Case Management, and Non-Medical Case Management. The
detailed list of awards with service categories is attached. The applicants for
Case Management (Non-Medical) eligibility services were non-responsive in this
category and agency allocations are not being recommended at this time. The
Department will initiate negotiations with agencies for eligibility services
and address in future contracts. As directed by the federal Department of
Health and Human Services, the Department of Community Services issues a
Request for Proposals (RFP) every three (3) years. The agencies listed were
selected through RFP process issued September 29, 2011 and have been
recommended to receive funding for the RFP cycle. The award amounts are subject to change based
on the actual 2012 award and recommendations from Palm Beach County HIV CARE
Council. The Provider contracts will be
submitted for Board Approval on a future BCC agenda. These are 100% federal
grant-funded services. (Ryan White) Countywide (TKF)
D. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida repealing Resolution 2007-1639 and 2008-0559, which
will dissolve the Palm Beach County Criminal Justice Mental Health and Substance
Abuse Planning Council. SUMMARY: The Criminal Justice Commission is
recommending the dissolution of the Palm Beach County Criminal Justice Mental Health and Substance Abuse Planning
Council and the designation of the Public Safety Coordinating Council as the
planning council. On September 25, 2007, Palm Beach County Board of County
Commissioners created it to align policy initiatives of the criminal justice,
juvenile justice and mental health systems to ensure the most effective use of
resources. The designation of the Public Safety Coordinating Council is allowed
under the statute and this provides a more efficient use of committees. The
subcommittees established under this Planning Council have continued to meet
and provide recommendations on criminal justice, juvenile justice and mental
health systems, and will report to the Criminal Justice Commission. Countywide
(GB)
FEBRUARY 7, 2012
4. REGULAR
AGENDA
E. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to ratify: approval of a short sale for and acceptance of
$3,000 from Charmettes, Inc. in connection with the Pine Ridge Apartments
project. SUMMARY: On
February 2, 1999, the Board of County Commissioners (Board) approved a cash
flow dependent loan of $370,000 in Federal HOME Investment Partnership Program
funds to Pine Ridge Apartments Joint Venture for the acquisition and
rehabilitation of the Pine Ridge Apartments.
On May 10, 2008, Charmettes, Inc. (Charmettes), a non-profit
organization, purchased the 12 unit Pine
Ridge Apartments with a $335,000 first mortgage loan from PNC Bank to which the County subordinated its
mortgage. As part of the transaction,
Charmettes assumed the County’s $370,000 second mortgage on the property
located at 1401 Division Avenue, West Palm Beach. Charmettes was unable to
derive sufficient income from the property to cover its debt service and
operating expenses as a consequence of which it defaulted on its first
mortgage. PNC Bank approved a short sale of the property after it filed for
foreclosure when Charmettes defaulted on its first mortgage. The County approved the short sale and
accepted $3,000 from the proceeds of the sale as an alternative to being
foreclosed out without receiving any payment at all. Since acceptance of the $3,000 from this
short sale is consistent with the Board approved Short Sale Policy Guidelines which cover homeowners, but not non-profits
organizations, the Board is requested to ratify approval of this short sale and
the acceptance of $3,000. No loan
payments were received by the County from Charmettes, nor from the Pine Ridge
Apartments Joint Venture. No County
General Funds were invested in this project.
(MHA) District 7 (TKF)
2. Staff recommends
motion to approve: Policies for Alternative
Strategies to Foreclosure to address the approval of short sales and the
receipt of deeds in lieu of foreclosure in connection with housing programs
administered by the Department of Economic Sustainability (DES). SUMMARY: These Policies for Alternative Strategies to
Foreclosure (Policies) establish standards for the approval of short sales and
for the receipt of deeds in lieu of foreclosure as alternative strategies to
foreclosing on County financed homeowners who become delinquent on their
mortgage payments. DES administers
various housing programs under which homeowners receive financial assistance in
exchange for which they grant the County repayable first and/or second
mortgages as security for such funding.
These Programs include, but are not limited to, the Universal Housing
Trust Program (UHT), the Neighborhood Stabilization Programs 1, 2, and 3 (NSP1,
NSP2, and NSP3), the State Housing Initiatives Partnership Program (SHIP) and
the HOME Investment Partnership Program (HOME). Homeowners who become
delinquent on their County financed mortgages, or on privately financed
mortgages senior to those financed by the County, may in some instances be able
to avert foreclosure by short selling their homes or by conveying title to the
County by means of a deed in lieu of foreclosure. Under these Policies short sales may be
approved when the County holds a second mortgage, provided that the first
mortgage holder is in agreement with the short sale, the homeowner does not
sell the home to a relative, the homeowner does not receive any funds from the
proceeds, the County approves the closing statement for the transaction, and
the County receives the lesser of $3,000 or eight percent (8%) of the remaining
balance owed on the second mortgage.
Deeds in lieu of foreclosure may be accepted under these Policies when
the County holds a first mortgage, provided that the homeowner pays off all
obligations associated with the home (such as taxes and homeowners’ association
fees) and delivers a deed to the County without any objectionable cloud on the
title as determined by the County Attorney’s Office. These Policies require homeowners to pay a
non-refundable $750 fee to recover the County’s administrative costs associated
with the acceptance of deeds in lieu of foreclosure. These Policies also incorporate reporting
requirements to the Board of County Commissioners (Board) and the Palm Beach
County Clerk and Comptroller’s Office for both short sale and deed in lieu of
foreclosure transactions. On January 12,
2010, the Board approved Short Sale Policy Guidelines. These Policies supersede the aforesaid Short
Sale Policy Guidelines. No additional
local funds are required to implement the proposed policies. (MHA) Countywide
(TKF)
FEBRUARY 7, 2012
4. REGULAR
AGENDA
F. ENVIRONMENTAL RESOURCES MANAGEMENT
TIME CERTAIN – 7:30 P.M.
1. Staff requests
Board direction: Review
of shore perpendicular structural options as part of the Singer Island erosion
control efforts. SUMMARY: At the
March 22, 2011 BCC Workshop, a motion to proceed with the permitting process
for shoreline projects that include erosion control structures failed (5-2).
The Board subsequently held another workshop on June 28, 2011 to discuss the
proposed breakwaters designed for Singer Island. Representatives from the State and Federal
permitting agencies participated in the workshop. Based on the feedback from the agencies, the
Board directed staff to evaluate other potential erosion control alternatives,
including shore perpendicular groins as was suggested by the Florida Department
of Environmental Protection. Staff will
present the Board with a review of the evaluation of shore perpendicular
structures as an alternative for erosion control on Singer Island. Staff
requests Board direction on whether to initiate the permitting process for any
of the alternatives presented. Countywide (SF)
G. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to:
A) adopt Resolution of the Board of County
Commissioners of Palm Beach County, Florida, granting a County tax exemption
for a total of one (1) historic property located within the City of Delray
Beach; and
B) approve a restrictive covenant for the historic
property, requiring the qualifying improvements be maintained during the period
that the tax exemption is granted.
SUMMARY: The Resolution will authorize a County tax exemption for the
following historic property located within the City of Delray Beach:
Address: 114 Northeast 1st Avenue Delray
Beach/property type (residential)
If
granted, the tax exemption will take effect January 1, 2012, and remain in
effect for ten (10) years, or until December 31, 2021. The exemption will apply to 100 percent of the
assessed value of all improvements to each historic property, which resulted
from restoration, renovation, or rehabilitation of the property. Based on the
2012 Countywide Millage Rate, it is estimated that approximately $1,913 tax
dollars will be exempted annually for the property. Accompanying each
resolution is a restrictive covenant, which requires the qualifying
improvements be maintained during the period that each tax exemption is
granted. District 7 (RB)
* * * * * * * * * * * *
FEBRUARY 7, 2012
A. ECONOMIC SUSTAINABILITY
(Comprehensive
Economic Development Strategy Committee)
1. Staff recommends
motion to approve: appointment of the following individual to the
Treasure Coast Regional Planning Council’s Comprehensive Economic Development
Strategy (CEDS) Committee, for the term February 7, 2012, to December 31, 2012:
Appoint:
Steve Craig, CEO, Workforce Alliance, Inc.
SUMMARY: The Treasure Coast Regional Planning Council (TCRPC) manages and maintains the on-going CEDS Committee, whose purpose is to oversee and guide District-wide economic development planning. The CEDS Plan is a requirement of the U.S. Department of Commerce Economic Development Administration. The CEDS Committee is comprised of five (5) appointees from each of the participating counties: Palm Beach, Martin, St. Lucie and Indian River. Every year, the TCRPC requires the appointing authority to review its existing members, and either appoint or reappoint members. On December 20, 2011, the BCC reappointed four (4) individuals to the CEDS Committee, and recommended that once the new CEO for Workforce Alliance was hired, the BCC consider him/her for the vacant position. Mr. Steve Craig was officially promoted to CEO in January and is now seeking appointment to the CEDS Committee as the fifth representative for the BCC. Mr. Craig as completed all the applicable Ethics training requirements. Countywide (DW)
B. PLANNING, ZONING & BUILDING
(Zoning
Commission)
1. Staff recommends
motion to approve: re-appointment of the following
nominee to the Zoning Commission (ZC) for the terms indicated below:
Nominee
Seat No Requirement Nominated by
Term
Mark Beatty 8 Architect AIA Palm Beach 2/7/2012-2/3/2015
SUMMARY: The Zoning Commission membership, powers, and duties
are established by Ordinance 2003-067, as amended. The Board consists of nine (9) members appointed by the Board of County
Commissioners (BCC). Each member of the BCC
shall appoint one (1) District member to the ZC. The remaining two (2) members shall be
appointed by a majority vote of the BCC and shall be architects registered in
the State of Florida nominated by the Palm Beach County Chapter of the American
Institute of Architects (AIA). These appointments are consistent with the
Unified Land Development Code (ULDC) requirements, Article 2.G.3.M, ZC. As required by Section 2-443(d) of the Code
of Ethics, this Agenda Item Summary will serve as disclosure for Mark Beatty.
Mr. Beatty is an employee of an architectural firm that has a contract with
Palm Beach County to provide services to the Facilities Development and
Operations Department. The Zoning Commission provides no regulation,
oversight, management or policy-setting recommendations regarding this
contract. Unincorporated (RB)
FEBRUARY 7, 2012
5. BOARD
APPOINTMENTS
C. ADMINISTRATION
(Small
Business Assistance Advisory Committee)
1. Staff recommends
motion to appoint: three (3) individuals to the Small Business
Assistance Advisory Committee, for the terms indicated below:
NOMINEE SEAT DESIGNATION TERM
NOMINATED BY
E. Ann McNeill 3 Certified
Woman 2/7/2012 - 9/30/2015 Commissioner
Marcus
Robert Geoff Waite 4 Certified
White Male 2/7/2012 – 9/30/2015 Commissioner Marcus
Business
Owner
Angela Randolph 5 Bus.
Domiciled in PBC 2/7/2012 – 9/30/2015 Commissioner Marcus
SUMMARY: The
SBA Advisory Committee is established pursuant to Section 2.80.32, of the Palm
Beach County Code. The committee
consists of fourteen (14) members representing one (1) black business owner
certified as a small business by the County; one (1) Hispanic business owner certified
as a small business by the County; one (1) woman business owner certified as a
small business by the County; one (1) white male business owner certified as a
small business by the County; one (1) business owner domiciled in Palm Beach
County; one (1) representative of the Palm Beach County Resource Center; one
(1) representative of the Hispanic Chamber of Commerce; one (1) representative
of the National Association of Women in Construction; one (1) representative of
a Women’s Business Organization; one (1) certified minority contractor; one (1)
representative of the Associated General Contractors of America; one (1)
representative of the Small Business Development Center; one (1) representative
of the Business Loan Fund of the Palm Beaches; and one (1) representative of
the Black Chamber of Commerce. The
incumbents for seats 4 and 5 resigned. The SBA Advisory Committee supports the
nominations and change in seat for Mrs. Randolph. A memo was sent to the Board of County
Commissioners on January 17, 2012 requesting approval of the recommended
slate. No other nominations were
received. Angela Randolph, owner of
Randolph & Dewdney Construction, Inc., serves on the Small Business
Advisory Committee. The Committee
provides no regulation, oversight, management or policy-setting recommendations
regarding the Office of Small Business Assistance’s contracts. Disclosure of the contractual relationship at
a duly noticed public meeting is being provided in accordance with the
provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. Countywide
(TKF)
D. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 7, 2012
6. MATTERS BY THE PUBLIC – 7:00 P.M.
* * * * * * * * * * * *
FEBRUARY 7, 2012
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
FEBRUARY 7, 2012
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
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 February 10, 2012 as
“Inner City Youth Golfers’ Community Giants 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."
February 7, 2012 – 11:00 A.M.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
FEBRUARY 7, 2012
PAGE ITEM
6 2C-6 ADD-ON:
Proclamation declaring February 11 – 17, 2012 as “2-1-1 Awareness Week” in Palm
Beach County. (Sponsored by Commissioner Abrams)
32 8G ADD-ON: Request approval to present off-site, a Proclamation
declaring February 7, 2012 as “National Black HIV/AIDS Awareness 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 (*).