BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 20, 2012
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
Presentation
3. CONSENT
AGENDA (Pages 8 - 26)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 27 -
29)
5. REGULAR
AGENDA (Pages 30 - 37)
TIME
CERTAIN 11:00 A.M. (SOE Warehouse) (Page 35)
6. BOARD
APPOINTMENTS (Pages 38 - 39)
7. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE ENVIRONMENTAL CONTROL BOARD (Page 40)
8. STAFF
COMMENTS (Page 41)
9. COMMISSIONER COMMENTS (Page 42)
10. ADJOURNMENT (Page 42)
* * * * * * * * * * *
MARCH 20, 2012
SPECIAL PRESENTATIONS – 9:30 A.M.
Page 7
2C-1 Legislative Update by Representative Pafford
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Receive and file a Resolution of the City of
Belle Glade for assistance provided to individuals affected by 511 Southwest 5th
Street fire
3A-2 Agreements
under the Resident Education to Action Program
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
Page 9
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Contract with American Engineering &
Development Corporation for construction of Caroline Avenue Crossing over Lake
Worth Drainage District L-3 Canal
3C-2 Contract
with The Signal Group, Inc. for overhead school zone flashers
3C-3 Delegation of authority to sign Work Orders
associated with irrigation and landscape improvements on State Road 7 (Broward
County Line to Palmetto Park Road, and from Palmetto Park Road to Glades Road)
Page 10
3C-4 Subordination Agreement and other documents
associated with improvements to Wallis Road
3C-5 Contract
with AKA Services, Inc. for Glades Citizens Villas
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
Agreement (Florida Airmotive, Inc.)
3D-2 Amendment
No. 2 with Squire Sanders (US), LLP for bond counsel services
3D-3 Amendment
No. 2 with Edwards Wildman Palmer LLP for bond counsel services
Page 12
3D-4 Four (4) time extension Amendments to Legal
Services Authorizations for misc. legal services related to utilities
E. COMMUNITY SERVICES
Page 12
3E-1 Agreement with the Area Agency on Aging of
Palm Beach/Treasure Coast for nutritional and in-home services to the elderly
Page 13
3E-2 Governance Structure Agreement with Quantum
Foundation, Palm Healthcare Foundation, United Way of Palm Beach County, and
the Children’s Services Council of Palm Beach County for oversight of the
Florida Funders Application
3E-3 Amendments
to two (2) Financially Assisted Agencies contracts and Contract with Area
Agency on Aging of Palm Beach/Treasure Coast, Inc.
Page 14
3E-4 Agreement
with The Homeless Coalition of Palm Beach County, Inc. related to the Ten-Year
Plan to End Homelessness
F. AIRPORTS
Page 14
3F-1 Contract
Close-Out Agreement with ThyssenKrupp Airport Systems, Inc. for replacement of
passenger loading bridges
3F-2 Construction
Manager Authorization with The Morganti Group, Inc. for the terminal chiller
and cooling tower construction services at PBIA
MARCH 20, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 15
3F-3 First Amendment to WiFi Advertising
Concession Agreement with Cloud 9 Wireless, Inc.
3F-4 Deleted
3F-5 Receive
and file Nonconcessionaire Rental Car Operator Ground Transportation Permit
with Sixt Rent A Car LLC
3F-6 Fourth Amendment to Retail Concession
Agreement with Paradies-Palm Beach, LLC
3F-7 Deleted
3F-8 Receive and file License Agreement with Jet
Aviation Associates, Ltd.
Page 16
3F-9 Receive and file License Agreement with
Bullet Delivery of WPB, Inc.
3F-10 Receive and file Agreement covering the
operation of aircraft with Atlas Air, Inc.
3F-11 Resolution repealing the Citizens’ Committee
on Airport Noise
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 License Agreement with South Florida Water
Management District for use of parking spaces at Lake Lytal Park
Page 17
3H-2 Receive and file notification of cumulative
total of change orders to Moss and Associates related to the Jail Expansion
Program
I. ECONOMIC SUSTAINABILITY
Page 17
3I-1 Agreement
with Oxygen Development, LLC for startup working capital
3I-2 Agreement
with the City of Belle Glade for rehabilitation of the Lake Shore Civic Center
3I-3 Amendment No. 1 with City of Pahokee for
activity delivery costs for the processing of five (5) housing rehabilitation
and five (5) demolition files
Page 18
3I-4 Amendment No. 2 with West Jupiter Community
Group, Inc. for the construction of three (3) additional classrooms
3I-5 Revisions to the Palm Beach County
Neighborhood Stabilization Program Resident Redevelopment Grant Program
policies
Page 19
3I-6 Receive and file a Cooperative Agreement
for the Community Challenge Grant Program, and creation of one (1) full-time
position
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 19
3K-1 First Amendment to Potable Water and
Wastewater Development Agreement with API Cameron Park, LLC
Page 20
3K-2 Receive
and file Indemnity Agreement with Delray Beach Associates I, LLC
3K-3 Work Authorization No. 10 to the Pipeline
Continuing Construction Contract with Johnson-Davis, Inc.
3K-4 Contract with Poole & Kent of Florida
for the Glades Utility Authority’s Belle Glade Wastewater Treatment Plant
Improvements
3K-5 Deleted
Page 21
3K-6 Change Order No. 3 with Hinterland Group,
Inc. for the Wastewater Lift Station Rehabilitation project
3K-7 Utility Work by Highway Contractor Agreement
with FDOT for improvements to State Road 704 (from Military Trail to east of
Congress Avenue)
3K-8 Partial
release of a utility easement over property owned by Haverhill Quadplex, LLC
3K-9 Non-standard
Utility Easement from South Florida Water Management District
MARCH 20, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 22
3K-10 Indemnity/Restoration Agreement with Boca Raton
Associates VI, LLP for a residential project in Delray Beach
3K-11 Partial release of a utility easement over property owned by Rreef
America Reit II Corp. J
3K-12 Supplement No. 1 to Work Authorization No. 5 to
the Continuing Construction Contract with AKA Services, Inc. for the North
County Airport Utility Improvement project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 23
3L-1 Receive and file two (2) Interlocal
Agreements related to manatee speed zone enforcement
M. PARKS & RECREATION
Page 23
3M-1 Interlocal
Agreement with Old School Square, Inc. and the City of Delray Beach for the
purchase and installation of a sound system for the Old School Square pavilion
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 24
3Q-1 Interlocal
Agreement with the City of Riviera Beach to support the Civil Drug Court
Program’s case management and substance abuse treatment services
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 24
3S-1 Interlocal Agreement for Fire Vehicle
Maintenance with the Town of Palm Beach
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 24
3U-1 Interlocal Agreement with the South Florida
Water Management District to access network services
Page 25
3U-2 Supplemental Service Order Request with the
Florida LambdaRail, LLC to add services at the Network Access Point of the
Americas data center
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 25
3Z-1 Reimbursement for sewage
backup at 810 Datura Street, West Palm Beach
Page 26
3Z-2 Renewal
of the County’s Excess Property, Liability and Workers’ Compensation Insurance
Program
MARCH 20, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 26
3AA-1 Contract with Creative Outdoor Advertising of
America, Inc. for installation, maintenance, and service of advertising bus
benches along Palm Tran’s fixed bus routes
PUBLIC HEARINGS – 9:30 A.M.
Page 27
4A Budget
Amendments and Transfers in various funds to fund the projected FY 2012 budget
deficit for Palm Tran Connection
4B Ordinance pertaining to posting of
underage drinking signs and related criteria
Page 28
4C Building Code Ordinance
4D Conceptual
Alignment 2A (South) for Congress Avenue (from Park Lane to State Road
811/Alternate A1A)
Page 29
4E Resolution
confirming the special assessment for 181st Street North and 182nd
Road North Water Main Improvements in the Limestone Creek Countywide Community
Revitalization Team
4F Alignment
alternatives for Jupiter Park Drive/Western Corridor (aka Island Way) (from
Jupiter Park Drive to Indiantown Road)
REGULAR AGENDA
ADMINISTRATION
Page 30
5A-1 Contract
with the Small Business Development Center at Palm Each State College to
provide technical assistance and training to small businesses in Palm Beach
County
Page 31
5A-2 Glades Utility Authority
AIRPORTS
Page 32
5B-1 Airport Ground Transportation Concession
Agreement
COMMUNITY SERVICES
Page 33
5C-1 Homeless
services for the Senator Philip D. Lewis Center
ECONOMIC SUSTAINABILITY
Page 33
5D-1 Section
108 Loan Funding
WATER UTILITIES
Page 34
5E-1 Contract with Atlantic Environmental
Services, Inc. for the Royal Palm Beach Lift Station Remote Telemetry Unit
Upgrade
5E-2 C-51
Reservoir Presentation
FACILITIES DEVELOPMENT & OPERATIONS
Page 35
5F-1 SubLease option with Huttig Building
Products for warehouse space for the Supervisor of Elections – TIME CERTAIN 11:00 A.M.
Page 36
5F-2 Amendments to SubLease Agreements with the
Boys and Girls Clubs of Palm Beach County, Inc. for the Bill Bailey Community
Center in Belle Glade, and Palm Beach County Sheriff’s Office for the operation
of a Police Athletic League Program
Page 37
5F-3 Donation
of land to the NewKita Group, Inc.
MARCH 20, 2012
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Pages 38 - 39)
BOARD OF
COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
(Page 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
MARCH 20, 2012
2C. SPECIAL PRESENTATION – 9:30 A.M.
1. Legislative Update by Representative
Pafford
* * * * * * * * *
* *
MARCH 20, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: Resolution No. 2012-2889 of the City
Commission of the City of Belle Glade, Florida, expressing appreciation to
those who provided assistance to individuals affected by the fire at 511
Southwest 5th Street.
2. Staff recommends motion to approve:
A) an Agreement with Neighbors Helping Neighbors Project, Inc., in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
B) an Agreement with Residents of Lake Osborne Heights, Inc., in an amount not-to-exceed $2,200 for expenses related to the Community Improvement Project;
C) an Agreement with Genesis Neighborhood Association, Inc., in an amount not-to-exceed $1,260 for expenses related to the Community Improvement Project;
D) an Agreement with Cabana Colony Residents League, Inc., in an amount not-to-exceed $1,920 for expenses related to the Community Center Project;
E) an Agreement with Challenge To Change, Inc., in an amount not-to-exceed $850 for expenses related to the Community Organizing Project;
F) an Agreement with Dhails Community Enhancement Services, Inc., in an amount not-to-exceed $2,000 for expenses related to the Community Center Project;
G) an Agreement with Paint Your Heart Out Palm Beach County, Inc., in an amount not-to-exceed $2,500 for expenses related to the Community Beautification Project;
H) an Agreement with Pahokee Development Corporation, Inc., in an amount not-to-exceed $2,500 for expenses related to the Community Outreach Project;
I) an Agreement with Belle Glade Housing Authority, Inc., in an amount not-to-exceed $2,500 for expenses related to the Community Recreation Project;
J) an Agreement with City of Pahokee, in an amount not-to-exceed $2,500 for expenses related to the Community Improvement Project;
K) an Agreement with Glades Initiative, Inc., in an amount not-to-exceed $2,500 for expenses related to the Community Outreach Project;
L) an Agreement with The First Tee of the Glades/Explorer Post 611, Inc., in an amount not-to-exceed $2,000 for expenses related to the Community Outreach Project;
M) an Agreement with Anteria Burgess, in an amount not-to-exceed $500 for expenses related to the Community Outreach Project; and
N) an Agreement with Housing Partnership, Inc., in an amount not-to-exceed $1,000 for expenses related to the Community Outreach Project.
SUMMARY: The Resident Education
to Action Program (REAP) is a five (5) week, hands-on educational course on
community revitalization and civic leadership development for residents and
neighborhood organizations that are seeking to improve the quality of life
within their communities. Remaining funds from REAP Fiscal Year 2010-2011
were carried forward to implement projects for REAP Fiscal Year 2011-2012. The
Agreements being submitted represent the REAP projects selected by the REAP
Review Committee to receive grant funding. Countywide (AH)
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
Environmental Control January 24, 2012
Zoning February 23, 2012
Workshop February 28, 2012
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: a Contract with American Engineering & Development Corporation (American), the lowest, responsive, responsible bidder in the amount of $277,737.35 for the construction of Caroline Avenue Crossing Over Lake Worth Drainage District L-3 Canal (Project). SUMMARY: Approval of this Contract will allow Palm Beach County to issue a Notice to Proceed to American, a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation proposed for the Project by American is 17.07%. District 2 (MRE)
2. Staff recommends motion to approve: a 90-calendar day Contract (Contract) with The Signal Group, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $353,487.50, for Overhead School Zone Flashers (Project), Project No. 2011055. SUMMARY: Approval of this Contract will allow for upgrading the flashers in several school zones. The Florida Department of Transportation has funded this Project with LAP Agreement No. FPN 423189-1-38/58-01. The Contractor is a Palm Beach County business. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the Project by the Contractor is 5% overall. As these are Federal funds, we cannot use SBE goals in determining Contract award. Districts 2, 3, 5 & 7 (MRE)
3. Staff recommends
motion to authorize: the County Administrator, or his designee,
to issue Work Orders to construct irrigation and landscape improvements on
State Road 7 in the amounts not-to-exceed $400,000 from the Broward County Line
to Palmetto Park Road, and $248,000 from Palmetto Park Road to Glades Road
(Improvements) utilizing Palm Beach County’s (County) Annual Roadway
Landscaping Contract R2011-0019, as amended by R2011-1294 and R2011-1987 with
Arazoza Brothers Corporation. SUMMARY: This authorization will enable
the County Administrator, or his designee, to issue Work Orders for the
contractual services necessary to construct the Improvements. The Florida
Department of Transportation has agreed to provide the County with up to
$400,000 (for Broward County Line to Palmetto Park Road) and $248,000 (for
Palmetto Park Road to Glades Road) in 100% grant funding for the construction
of the Improvements. No matching funds are required. The County is currently
responsible for maintaining both segments of State Road 7. District 5 
(MRE)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to:
A) approve a Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations (Subordination Agreement) with Florida Power & Light Company (FPL) on a parcel of land that is for dedicated right-of-way on Wallis Road just east of North Cleary Road; and
B) accept a Subordination of Property Interests for drainage easements (Drainage Subordination) from Tallman, L.L.C. (Tallman) on a parcel of land that is for dedicated right-of-way on Wallis Road just east of North Cleary Road; and
C) accept a Warranty Deed from Southern Waste Systems, Ltd. (Southern) for right-of-way on Wallis Road and North Cleary Road.
SUMMARY: Approval and acceptance of these actions will allow a Subordination Agreement which releases an FPL utility easement interest in a parcel of land just east of North Cleary Road and will allow a Drainage Subordination from Tallman on the same parcel of land dedicated for right-of-way. Acceptance will also allow a Warranty Deed from Southern for a parcel of land that contains ten feet of right-of-way on Wallis Road and 15 feet of right-of-way on North Cleary Road. District 2 (MRE)
5. Staff recommends
motion to approve:
A) a 90-calendar day Contract (Contract) with AKA Services, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $321,705 for the Glades Citizens Villas (Project), Project No. 2007905, located near the City of Pahokee contingent upon approval of the Contract documents by the State of Florida Department of Economic Opportunity (DEO); and
B) a Budget Amendment of $16,060 in the Capital Outlay Fund to recognize utility relocation reimbursements from Florida Power and Light ($14,530) and Cable Television ($1,530), and appropriate it to the Project.
SUMMARY:
Approval of this Contract will allow for the construction of new storm sewers
and drainage structures. After review of
the contingent items, AT&T advised that they would protect, adjust and
support their facilities (bid items 26 & 27) thereby reducing the total
Contract award amount by $5,000, from the original total of $326,705. The Contractor is a Palm Beach County
business and is applying for SBE certification. The construction contract,
except for the utility work, is funded with Federal grant funds; therefore the
Small Business Enterprise Ordinance does not apply to this Project. Approval of this Contract is contingent upon DEO’s
approval of the Contract documents. District
6 (MRE)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve:
A) a Settlement Agreement with Florida Airmotive, Inc., for an amount not to
exceed $275,000; and
B) a Budget Transfer of $275,000 in the Airports Improvement and Development
Fund from Reserves to provide budget to fund the settlement purchase of
buildings and hangars.
SUMMARY: Florida Airmotive is the fixed base operator
of the Palm Beach County Park Airport (“Lantana Airport”) pursuant to a Lease
Agreement (R86-712) (“Lease”) with the County. Florida Airmotive claims
ownership of approximately 28 metal buildings and aircraft hangars located at
the Lantana Airport based upon provisions in the Lease that allow Florida
Airmotive to remove certain types of improvements at the end of the Lease term.
The County filed suit against Florida Airmotive seeking declaratory judgment to
determine whether the County or Florida Airmotive owns the disputed
improvements at the Lantana Airport. The proposed Settlement Agreement provides
for the purchase by the County of any interest that Florida Airmotive may have
in the disputed improvements. Florida Airmotive will also attempt to obtain
signed statements from current subtenants, disclaiming any ownership interest
in the improvements (“Disclaimer of Interest”). The full settlement amount for
all disputed improvements is $275,000. The settlement amount has been pro-rated
on a per square foot basis to establish a price per building/hangar. For those
improvements where a Disclaimer of Interest has not been obtained, the County
will pay a reduced settlement amount of approximately 50% of the pro-rata
purchase price. The disputed improvements range in size from approximately
1,558 to 10,292 square feet, comprising a total of approximately 128,708 square
feet of improved building space. Countywide
(ATP)
2. Staff recommends
motion to approve: Amendment No. 2 to the Agreement (R2010-1222) with
the law firm of Squire Sanders (US) LLP (formerly known as Squire, Sanders
& Dempsey (US) LLP) (“Attorney”), to provide disclosure counsel and related
legal services for the refunding of Public Improvement Revenue Bonds Series
2004, 2004A (Biomedical Research Park Project), and 2005A (Biomedical Research
Park Project). SUMMARY: The law firm was selected as disclosure counsel for the above financing
by the County Financing Committee at the February 14, 2012 meeting. This Amendment No. 2 confirms that selection
by amending the existing Agreement for disclosure counsel and related services
between Palm Beach County and the law firm. Payment for the legal services in connection
with the bond issuance will be as provided for in the Agreement. Countywide (PFK)
3. Staff recommends
motion to approve: Amendment
No. 2 to the Agreement (R2010-1324) with the law firm of Edwards Wildman Palmer
LLP (formerly known as Edwards Angell Palmer & Dodge LLP) (“Attorney”), to
provide bond counsel and related legal services for the refunding of Public
Improvement Revenue Bonds, Series 2004, 2004A (Biomedical Research Park
Project), and 2005A (Biomedical Research Park Project). SUMMARY: The law firm was selected as bond
counsel for the above financing by the County Financing Committee at the
February 14, 2012 meeting. This
Amendment No. 2 confirms that selection by amending the existing Agreement for
bond counsel and related services between Palm Beach County and the law
firm. Payment for the legal services in
connection with the bond issuance will be as provided for in the Agreement. Countywide
(PFK)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
4. Staff recommends
motion to approve:
A) First Amendment to Legal Services Authorization 2011-0352-B with de la
Parte & Gilbert, P.A., for legal services related to water policy issues;
B) First Amendment to Legal Services Authorization 2011-0352-C with de la
Parte & Gilbert, P.A., for miscellaneous legal services related to water
utilities regulatory issues;
C) First Amendment to Legal Services Authorization 2011-0353-A with
Sundstrom, Friedman & Fumero LLP, for legal services related to the Water
Utilities Department’s sustainable business plan, modification of service
availability policies, ratemaking, and related matters; and
D) First Amendment to Legal Services Authorization 2011-0353-B with
Sundstrom, Friedman & Fumero, LLP, for miscellaneous legal services related
to complex utilities projects/agreements.
SUMMARY: On March
15, 2011, the Board of County Commissioners approved agreements with de la Parte
& Gilbert, P.A. (R2011-0352) and Rose Sundstrom & Bentley, LLP
(R2011-0353) for legal services related to water utilities issues. Pursuant to those agreements, work
assignments were to be authorized by Legal Services Authorizations. On May 3,
2011, the Board of County Commissioners approved Legal Services Authorizations
2011-0352-B (R2011-0601) and 2011-0352-C (R2011-0602) with de la Parte &
Gilbert, P.A, and Legal Services Authorizations 2011-0353-A (R2011-0598) and
2011-0353-B (R2011-0599) with Rose, Sundstrom & Bentley, LLP, now known as
Sundstrom, Friedman & Fumero, LLP.
The First Amendments all extend the term of the Legal Services
Authorizations for one year to March 15, 2013.
In addition, the First Amendment to Legal Services Authorization 2011-0353-B with Sundstrom, Friedman &
Fumero, LLP amends the not-to-exceed amount from $20,000 to $50,000. Legal Services Authorization 2011-0353-A
(R2011-0600) with de la Parte & Gilbert, P.A, for legal services
related to numeric nutrient criteria rules, is not being extended due to
inactivity. Countywide (MWJ)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Agreement
No. IA112-9500 for the Older Americans Act (OAA) Federal grant funds totaling
$2,044,014 with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
(AAA), for the period January 1, 2012, through December 31, 2012, for
nutritional and in-home services to the elderly. Summary: This is the resulting Agreement of the
Service Provider Application to the Request for Proposal approved by the Board
of County Commissioners on December 1, 2009 (R2009-2054) which allows DOSS, as
an AAA Lead Agency, to provide direct services to seniors. Services are funded with $2,044,014 in
Federal funds, $227,113 in County required funds, $1,415,208 in additional
County funds, $207,757 in Nutrition Services Incentive Program, and $59,812 in
Program Income. The Agreement spans two
(2) County fiscal years. Sufficient County funding inclusive of required match
in the amount of $1,231,741 is available in the FY 2012 budget to meet County
obligations. County funding in the amount of $410,580 to meet FY 2013
obligations will be requested in the FY 2013 budget process. (DOSS) Countywide
(TKF)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
2. Staff recommends
motion to approve: Governance Structure Agreement with Quantum Foundation, Palm Healthcare
Foundation, United Way of Palm Beach County, and the Children’s Services
Council of Palm Beach County providing for the oversight of the Florida Funders
Application with an annual partnership fee of $5,000 due at the beginning of
each County fiscal year. SUMMARY: On
July 20, 2010, the Board entered into a Memorandum of Agreement (MOA) to
establish collaboration among funders to create and adopt a common funding
application available to all non-profit and public agencies submitting
applications under Financially Assisted
Agencies and various other programs.
The new Governance Structure Agreement further defines the ongoing
oversight of the Florida Funders Application (FFA). It also designates an annual fee which is
required for the ongoing maintenance, enhancements and revisions of the
FFA. The Governance Structure Agreement
does not have an expiration date, but allows for termination of participation
by any funding partner at any time. Countywide
(TKF)
3. Staff recommends
motion to approve:
A) Amendments to two (2) Financially Assisted
Agencies contracts extending the contracts to September 30, 2012 and increasing
funding by $339,156, for the indicated services:
1. Amendment
No. 01 to the contract with Comprehensive Alcoholism Rehabilitation Programs,
Inc. (R2011-1760), for the period October 1, 2011, through September 30, 2012
increasing funding for the Homeless Assessment Center by $224,316 for a new
total not-to-exceed amount of $336,474;
2. Amendment
No. 01 to the contract with The Lord’s Place, Inc. (R2011-1761), for the period
October 1, 2011, through September 30, 2012 increasing funding for the
Engagement Center by $114,840 for a new total not-to-exceed amount of $172,260;
and
B) Contract
for Provision of Financial Assistance with Area Agency on Aging of Palm
Beach/Treasure Coast, Inc., for the period October 1, 2011, through September
30, 2012 in an amount not-to-exceed $245,253, to allow Palm Beach County (PBC)
to provide match funds to the Area Agency on Aging (AAA) for programs serving
seniors.
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. Funds for the services provided by
Comprehensive Alcoholism Rehabilitation Program and The Lord’s Place are part
of the Homeless Resource Center allocation in the Homelessness Service
Category. The use of these funds is recommended to ensure continuity of
services prior to and during the Homeless Resource Center start-up. Countywide
(TKF)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
4. Staff recommends
motion to approve: Amended and Restated Agreement with The Homeless
Coalition of Palm Beach County, Inc. (Coalition) replacing Agreement R2011-1232, dated August 16, 2011,
establishing a working relationship to advocate and educate on behalf of the
homeless and implement the Ten-Year Plan to End Homelessness in Palm Beach
County with the effective date remaining August 16, 2011. SUMMARY: The Amended
and Restated Agreement redefines and further develops the working partnership
between the Board of County Commissioners and the Coalition to advocate and
educate on the issue of homelessness, assist in the implementation of the
Ten-Year Plan and pursue resources in support of the Ten-Year Plan. The County will continue to provide
staff support to the Coalition and provide office space at a Human Services
location. The Coalition will
continue to: transfer designated
salary, administration and operational funds received from third parties to the
County; take a lead role in activities that support advocacy, community
outreach, public awareness and education related to homeless and at risk of
becoming homeless residents; conduct fundraising activities designed to support
and further the goals of the Ten-Year Plan; and with this Agreement will solicit
donations for sponsorship opportunities at the Homeless Resource Center(s). Funding for the County’s obligations under
this Agreement is included in the FY 2012 budget. (Human Services) Countywide
(TKF)
F. AIRPORTS
1. Staff recommends motion to approve: a Contract Close-Out Agreement with ThyssenKrupp Airport Systems, Inc. for the replacement of Passenger Loading Bridges at Palm Beach International Airport (PBIA), providing for the payment of $106,157 to Palm Beach County. SUMMARY: On October 17, 2006, the Board of County Commissioners approved the construction contract with ThyssenKrupp Airport Systems, Inc. (R2006-2205) for the replacement of Passenger Loading Bridges at PBIA (the Project), Project No. PB 06-2. Upon completion of the Project, disputes arose related to the compliance with the terms and conditions of the warranty. This Close-Out Agreement, if approved, will resolve the disputes between the County and ThyssenKrupp Airport Systems Inc. The Palm Beach County Attorney's Office assisted in the preparation of this Close-Out agreement. Countywide (JCM)
2. Staff recommends
motion to approve:
A) a
Construction Manager Authorization for Task
No. M-12 under the Construction Manager at Risk (CMR) Contract with The
Morganti Group, Inc. in the amount of $1,880,000 for the Terminal Chiller and
Cooling Tower Construction Services at Palm Beach International Airport (PBIA);
and
B) a
Budget Transfer of $2,030,000 in the Airports Improvement and Development Fund
from Reserves to provide additional budget needed to fund the installation of
the equipment, permits, inspections and unforeseen contingencies.
SUMMARY: The CMR Contract with The
Morganti Group, Inc., a Palm Beach County company, for the Miscellaneous
Repair, Replacement and Improvement Projects for Palm Beach County Department
of Airports (DOA) was approved on May 20, 2008 (R-2008-0850). The Contract is
for two (2) years with three (3) - one (1) year renewal options. Amendments No. 1-3 exercised all three (3) of
the renewal options. Tasks M-1 through M-11 for The Morganti Group, Inc. were
approved in the amount of $6,151,370.
Approval of Task No. M-12 for Terminal Chiller and Cooling Tower
Construction Services in the amount of $1,880,000 will enable the DOA to
complete the installation of the equipment that was pre-purchased under Task
M-11 (R2012-0061). The Small Business Enterprise (SBE) Goal for this contract
was established at 15%. The total
anticipated SBE contract participation is 24%.
Countywide (JCM)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
3. Staff recommends
motion to approve: First Amendment (Amendment) to the WiFi
Advertising Concession Agreement (Agreement) with Cloud 9 Wireless, Inc.
(R2011-1018), providing for the elimination of the minimum monthly guarantee. SUMMARY: This Amendment eliminates the
provision in the Agreement that provided for payment of a minimum monthly
guarantee of $2,500 per month. Cloud 9
Wireless has determined that it is unable to guarantee monthly payments, but is
willing to continue providing advertising sales services on a per campaign
basis through the expiration of the Agreement on July 31, 2012. All other terms and conditions of the
Agreement will remain the same for the remainder of the contract, including the
provision for payment of advertising concession fees on a per campaign
basis. Advertising campaigns have tended
to be short term, making future revenues difficult to predict. The Agreement
allows either party to terminate the Agreement for convenience. If this Amendment is not approved, Cloud 9
Wireless has indicated that it will terminate the Agreement. If approved, it is
anticipated that the concession will continue to generate revenues to the
County of approximately $1,000 to $1,500 per month. The Agreement was approved
as a one-year pilot program. In the
event the Department desires to continue to offer the concession opportunity
after evaluating the results of the pilot program, a competitive solicitation
will be issued. Countywide (AH)
4. DELETED
5. Staff recommends
motion to receive and file: Nonconcessionaire
Rental Car Operator Ground Transportation Permit with Sixt Rent A Car, LLC
commencing January 24, 2012, terminating September 30, 2012, automatically
renewed on yearly basis (October 1st through September 30th).
SUMMARY: Delegation of authority for
execution of the standard County agreement above was approved by the Board of
County Commissioners in R2010-1107. Countywide (AH)
6. Staff recommends
motion to receive and file: Fourth
Amendment (Amendment) to Retail Concession Agreement with Paradies-Palm Beach,
LLC (Paradies), providing for replacement of a retail concept at Unit C-2 from
a bookstore to a tech store, and increasing the percentage rent at this
location from 20% to 22%. SUMMARY:
Paradies provides retail concession services at PBIA pursuant to a Retail
Concession Agreement (Agreement) (R2007-2052).
Paradies is a Florida limited liability company with a principal place
of business in Atlanta, Georgia. This Amendment modifies the Agreement to
replace the New York Times Bookstore at Unit C-2 with a tech concept, Tech For
Take-Off. Paradies will pay an increased
percentage rental of 22% for sales at Unit C-2. The Amendment replaces
definitions and exhibits to conform to the change in concepts at this
location. The Amendment was signed by
the Director of Airports pursuant to the authorization in item (B) of Agenda
Item Summary 3F-6, approved by the Board on September 9, 2008. Countywide (AH)
7. DELETED
8. Staff recommends
motion to receive and file: License Agreement with Jet Aviation Associates,
Ltd. (Jet) commencing January 18, 2012, and expiring January 20, 2012, for
overflow parking of vehicles in connection with the La Bella Macchina charity
event hosted by Jet at the Palm Beach International Airport (PBIA), at no cost
to Jet. 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 a portion of the parking area adjacent to the Air Cargo Building No. 1475
for use solely for the parking of vehicles in connection with Jet’s charity
event. Countywide (AH)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
9. Staff recommends
motion to receive and file: License Agreement with Bullet Delivery of WPB,
Inc. (Bullet) commencing January 23, 2012, and expiring February 22, 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 $1,979.35. 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 2,230 square feet space within
the PBIA cargo building 1300, for use solely for the storage of materials and
equipment in connection with Bullet’s cargo operation at PBIA. Countywide
(AH)
10. Staff recommends
motion to receive and file: Agreement Covering the Operation of Aircraft
with Atlas Air, Inc., commencing January 1, 2012, terminating September 30,
2012, automatically extended on year-to-year basis (10/1 through 9/30). SUMMARY: Delegation of authority for
execution of the standard County agreement above was approved by the Board of
County Commissioners in R1993-801. Countywide (AH)
11. Staff recommends
motion to adopt: Resolution repealing Resolution R82-804, as amended by
R90-1344, R94-1060 and R2002-0544, pertaining to the Citizens’ Committee on
Airport Noise; providing for a citizens’ committee; providing for nature of
appointments; providing for secretary to citizens’ committee; providing for term
of membership; providing for duties of citizens’ committee on airport noise;
providing for rules of citizens’ committee; providing for filling of vacancies;
providing for compliance with uniform policy for advisory boards and
commissions and providing for an effective date. SUMMARY: This Resolution repeals
R82-804, as amended by R90-1344, R94-1060 and R2002-0544 and decreases the
number of Citizens’ Committee on Airport Noise (CCAN) members from thirteen
(13) to eleven (11) members in order to comply with R95-1806 which requires all
advisory boards to have no more than eleven (11) members. This Resolution also includes a boundary
change for the committee member recommended by the Town of Palm Beach to
include all residents within the corporate limits of the Town, includes
criteria the Board of County Commissioners (BCC) could consider when appointing
a member to the committee, and requires a member be removed for failing to
attend three (3) consecutive meetings or failure to attend at least two-thirds
of the meetings scheduled during a calendar year. Countywide (AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a
License Agreement with South Florida Water Management District (SFWMD) for use
of parking spaces at Lake Lytal Park from March 18, 2012, until March 17, 2013,
at no charge. SUMMARY: This License Agreement will allow SFWMD to utilize up to
seventy-five (75) parking spaces at Lake Lytal Park while SFWMD works on a
permanent plan to provide for its parking needs at its administrative
headquarters complex, which is located adjacent to Lake Lytal Park. Use will be limited to employees for the
parking of personal automobiles between the hours of 7:00 a.m. and 5:00 p.m.,
excluding weekends and County holidays. SFWMD’s use of the parking spaces is
during the times of day and week that do not interfere with the public’s use of
the facilities at Lake Lytal Park. The term of the License Agreement is for one
(1) year and is retroactive to March 18, 2011.
The County may revoke the license for any reason whatsoever upon thirty
(30) days written notice to SFWMD. The
County will not charge for the use of the licensed premises. (FDO) District 2 (MWJ)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to receive and file: notification of the cumulative total of change orders to Moss and
Associates (R2007-0031) for the Jail Expansion Program having exceeded
$500,000. SUMMARY: In
accordance with PPM CW-F-050, when the cumulative value of changes approved by
the Lead Department exceeds $500,000, the Department is required to notify the
Board that it has exceeded this reporting threshold. The approval of
Change Order No. 174 in the amount of $45,182 on November 10, 2011, by the
Department Director, caused the cumulative value of changes for this project to
exceed $500,000. This item notifies the Board that the cumulative
threshold has been reached. After the item is approved by the Board, the
cumulative reporting thresholds are reset. The original value of this contract is $129 Million. (Capital
Improvements Division) Countywide/District 6 (JM)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends motion to approve: an Agreement with Oxygen Development, L.L.C. (Oxygen) in the amount of $100,000 in Community Development Block Grant (CDBG) funds for the period March 6, 2012, to March 6, 2013. Summary: On March 23, 2010, the Board of County Commissioners (BCC) approved a repayable Section 108 Loan for Oxygen in the amount of $5,947,740. The company requested a grant in the amount of $100,000 to assist with startup working capital. In lieu of a General Fund grant, staff is recommending the use of CDBG funds. This Agreement is just being brought to the BCC due to the fact that Federal environmental audits had to be obtained. The overall project is projected to create 1,283 jobs and have a five (5) year Economic Sustainability Impact of $14.5 Million. These are Federal CDBG funds which require no local match. (DES Contract Development) District 2 (TFK)
2. Staff recommends
motion to approve: an Agreement with the City of Belle Glade in the
amount of $336,000 for the period of March 20, 2012, to November 15, 2013. SUMMARY: On July 19, 2011, the Board of County
Commissioners approved (R2011-1096) the allocation of $336,000 in Community
Development Block Grant (CDBG) funds to the City of Belle Glade. The project in the City of Belle Glade
entails the rehabilitation of the Lake Shore Civic Center located at 1224 Southwest
Avenue E Place. The work includes interior and exterior renovations to the
building, as well as site improvements. This
funding is projected to create 11 jobs and have a five (5) year Economic
Sustainability Impact of $564,570. These
are Federal CDBG funds which require no local match. (DES Contract
Development) District 6 (TKF)
3. Staff recommends
motion to approve: Amendment
No. 001 to an Agreement (R2011-2029) with the City of Pahokee to increase the
grant amount from $52,595 to $109,439 and to extend the expiration date from
September 30, 2012, to December 31, 2012.
SUMMARY: On July 19, 2011,
the Board of County Commissioners approved (R2011-1096) the allocation of
$52,595 in Community Development Block Grant (CDBG) funds to the City of
Pahokee. On December 20, 2011, the
County entered into an Agreement (R2011-2029) with the City of Pahokee
allocating these funds for activity delivery costs for the processing of five
(5) housing rehabilitation and five (5) demolition files. The proposed Amendment with the City of
Pahokee consolidates $56,844 in unexpended funds previously allocated to the
City into this Agreement. The addition
of $56,844 to the current Agreement requires the City to process an additional
five (5) housing rehabilitation files and an additional seven (7) demolition
files. This funding is projected to
create three (3) jobs and have a five (5) year Economic Sustainability Impact of
$976,500. These are Federal CDBG funds which require no local match.
(DES Contract Development) District 6 (TKF)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to approve: Amendment
No. 002 to an Agreement (R2011-0142) with West Jupiter Community Group, Inc.
(WJCG) to increase the grant amount from $255,489 to $380,489 and to extend the
expiration date from March 31, 2012, to July 31, 2012. SUMMARY: On July 10, 2007, the Board of County
Commissioners approved (R2007-1219) the allocation of $255,489 in Community
Development Block Grant (CDBG) funds to WJCG.
On February 1, 2011, the County entered into an Agreement (R2011-0142)
with WJCG allocating these funds for the construction of three (3) additional
classrooms to their tutorial center located at 7187 Church Street in the
Limestone Creek area of unincorporated Palm Beach County. The additional $125,000 provided by the
proposed amendment will be used to offset unforeseen construction costs. This funding is projected to create 12
jobs and have a five (5) year Economic Sustainability Impact of $663,800. These are Federal CDBG funds which require
no local match. (DES Contract Development) District 1 (TKF)
5. Staff recommends
motion to approve: revisions to
the Palm Beach County Neighborhood Stabilization Program (NSP) Residential
Redevelopment Grant Program Policies. SUMMARY: On July 19, 2011, the Board of County
Commissioners approved Residential Redevelopment Grant Program (RRGP) Policies
for NSP1 and NSP2. Existing Policies
require 20-year and 30-year affordability periods for resale and rental
properties, respectively. The proposed
revisions change the affordability periods to match the HUD-required periods as
follows: 15 years for all resale properties, 15 years for properties acquired
and rehabilitated for rental, and 20 years for properties acquired, demolished
and reconstructed for rental. The
proposed changes to the affordability periods will enhance the marketability of
the resale homes and will eliminate the administrative costs of monitoring for affordability
beyond the HUD-required period. HUD
technical advisory staff has urged the County to make these policy
revisions. The proposed policy revisions
will improve the County’s ability to administer the RRGP in accordance with NSP
requirements and to serve targeted clientele in the current housing
market. These are Federal NSP funds
which require no local match. (DES Administration) Countywide (TKF)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to:
A) receive and file a Cooperative
Agreement with the U.S. Department of Housing and Urban Development (HUD) for
the Community Challenge Planning Grant (CCPG);
B) approve the creation of
one (1) full-time position within the Department of Economic Sustainability
(DES), a Special Projects Manager (Pay Grade 46), which will be grant funded;
and
C) approve a Budget Amendment
of $1,980,504 in the HUD Community Challenge Planning Grant fund to recognize
the grant revenue and establish the grant appropriation budget.
Summary: In
accord 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 Cooperative Agreement has been
fully executed on behalf of the Board of County Commissioners (Board) by the
County Administrator in accordance with Agenda Item R2010-1338 approved by the
Board on August 17, 2010. The
Cooperative Agreement is now being submitted to the Board to receive and
file. The Special Projects Manager
performs technical and administrative work in connection with the
implementation of grant funded activities undertaken by DES. The CCPG included a $518,809 budget to cover
three (3) years of program administration, salaries, benefits, and related
costs associated with the position. The
position will initially be funded from the CCPG and then from any other funds
that become available at a future time.
The position will terminate upon the exhaustion of available funds. The County’s matching requirement will be
met through in-kind contributions that include staff time and resources from
the County and other partner agencies. (DES Contract Development) District
6 (DW)
K. WATER UTILITIES
1. Staff
recommends motion to approve: a
First Amendment to Potable Water and Wastewater Development Agreement
(Amendment) with API Cameron Park LLC (Cameron Park WUD 11-542). SUMMARY: Cameron Park owns property located on the
south side of Atlantic Avenue, west of Sims Road. In order to provide the potable water and
wastewater concurrency reservations for new developments, the Water Utilities
Department (Department) required property owner to enter into a formal Standard
Development Agreement (Agreement) with the Department. Cameron Park entered into a Standard
Agreement on December 30, 2005. In
accordance with the Agreement, Cameron Park shall design and construct all
utility facilities as required by the Department. During the design process the Department
required Cameron Park to include a modification of certain existing utility
facilities in Atlantic Avenue right-of-way.
These modifications were not in the scope of required improvements by
Cameron Park. Cameron Park agreed to
perform these modifications and requested that the Department pay $5,000 for
the required modifications upon completion of the utility work. The $5,000
payment is substantially less than what the modifications would have cost the
Department if performed as a stand alone project. (WUD Project No. 11-542) District 5 (MJ)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
2. Staff
recommends motion to receive and file: an executed Indemnity Agreement
with Delray Beach Associates I, LLC, a Florida Limited Liability Company,
received during the month of December 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 Indemnity 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 is now being submitted to the Board to receive and file. District 5
(MJ)
3. Staff recommends
motion to approve: Work Authorization No. 10 to the Pipeline Continuing Construction
Contract with Johnson-Davis, Inc. (R2010-1423) for the construction of the
Watergate Mobile Home Park Water Main Replacement Phase II, in the amount of
$645,472.70. SUMMARY: On September 14, 2010, the Board of County Commissioners
approved the Water Utilities Department Pipeline Continuing Construction
Contract with Johnson-Davis, Inc. (R2010-1423), and on January 24, 2012, the
Board of County Commissioners approved Amendment No. 1 to the unit price
contract with Johnson-Davis, Inc. (R2012-0153) for the Water Utilities Department Pipeline Continuing Construction
Contract renewing the Contract for a 12 month period. This Work Authorization
No. 10 provides for the construction of 4,965 feet of replacement water mains
in the Watergate Mobile Home Park. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Johnson-Davis, Inc. provides for SBE participation
of 15%. This Authorization includes 16.1% overall participation. The cumulative
SBE participation is 15.83% overall. Johnson-Davis, Inc. is a Palm Beach County
company. (WUD Project No. 11-110) District 5 (MJ)
4. Staff recommends
motion to approve: Contract with Poole & Kent Company of
Florida for the Glades Utility Authority’s (GUA) Belle Glade Wastewater Treatment Plant Improvements Project in an amount of $1,623,000. SUMMARY: On January 13, 2012, six (6) bids were
received for the GUA Belle Glade Wastewater Treatment Plant Improvements
Project. Palm Beach County Water Utilities Department (WUD) is implementing
this project under its Management & Operations Contract with GUA. Poole & Kent Company of Florida was the
lowest responsive responsible bidder in the amount of $1,623,000. The project is funded through a U.S.
Department of Commerce Economic Development Administration (EDA) grant. The project is subject to a 22.4% minority participation goal and a 6.9%
female participation goal for trades rather than the County’s SBE goals This contract with Poole & Kent Company
of Florida provides 1.17% M/WBE participation utilizing trades and an
additional 30.04% participation utilizing M/WBE certified suppliers (23.17%
minority and 6.87% female participation).
Staff recommends award to Poole & Kent Company of Florida based upon
good faith efforts. Although the Local
Preference Ordinance is not applicable to this EDA funded project, Poole &
Kent Company of Florida is a local company and has estimated that 75% of the
work will be performed by local Palm Beach County companies. These are Federal EDA funds requiring no local
match. (WUD Project No.
10-062R) District 6 (JM)
5. DELETED
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
6. Staff
recommends motion to approve: Change Order No. 3 to Contract with
Hinterland Group, Inc. (R2011-0521) for the Wastewater Lift Station
Rehabilitation Project,
increasing the contract time by 120 days.
SUMMARY: On April 5, 2011, the Palm Beach County
Board of County Commissioners (BCC) approved the Contract with Hinterland
Group, Inc. (R2011-0521) for the Wastewater Lift Station Rehabilitation Project
in the amount of $1,488.751. This Change Order increases the contract time by 120 days at no additional cost to
allow for project completion within 360 days. The original bid items included
rebuilding four (4) lift stations with a project schedule of 240 days to attain
substantial completion. Due to a scrivener’s error in a previous change order,
the adjusted schedule for the alternative bid items that include two (2)
additional lift stations will give the contractor 60 days per lift station to
reach substantial completion. The Small Business Enterprise (SBE) participation
goal established by the SBE Ordinance is 15% overall. The contract with Hinterland Group, Inc.
provides for SBE participation of 15.11% overall. This Change Order includes
zero overall SBE participation. The
cumulative SBE participation, including this Change Order is 14.7% overall.
Hinterland Group, Inc. is a Palm Beach County company. (WUD Project No.
08-009) District 5 (JM)
7. Staff
recommends motion to approve: a
“Utility Work by Highway Contractor” Agreement with Florida’s Department
of Transportation (FDOT) in the amount of $10,560. SUMMARY: Florida’s
Department of Transportation (FDOT) is proposing improvements to State Road 704
(Okeechobee Boulevard) from Military Trail to east of Congress Avenue. These
improvements will necessitate the adjustment of 27 Palm Beach County Water
Utilities Department (PBCWUD) water/wastewater valve boxes and three (3)
manholes that must be protected and adjusted to the new grade elevation. In
order to include the adjustment of the valve boxes and manholes within the road
improvement project, FDOT requires PBCWUD to enter into a “Utility Work by
Highway Contractor” Agreement to reimburse FDOT for the valve box and manhole
adjustments in the amount of $10,560. (WUD Project No.12-020J) Districts 2 & 7 (MJ)
8. Staff
recommends motion to approve:
the partial release of a utility easement over property owned by
Haverhill Quadplex, LLC. SUMMARY:
This document will release
the County’s interest in a portion of a utility easement recorded in the
Official Records of Palm Beach County, Book 22596, Page 0362 over
property owned by Haverhill Quadplex, LLC. The Water Utilities Department has determined that this portion
of easement is no longer needed and therefore recommends the release. District
2 (MJ)
9. Staff
recommends motion to approve: a
non-standard Utility Easement from South Florida Water Management
District (District). SUMMARY:
The Utility
Easement is necessary for access and maintenance purposes for a relocated water
main on the property located at 3301 Gun Club Road (Property). Recent improvements to the Property required
that a portion of a water main be relocated, for which a utility easement is
required. The District requested a
modification to the Water Utilities Department (Department) standard utility
easement in regard to the relocated pipe, as the District is unable to warrant
title pursuant to Section 373.099, Florida Statutes. This change is acceptable to the Department
and the County Attorney’s Office.
There is no cost to the County for acquisition of this easement. District 2 (MJ)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
10. Staff
recommends motion to approve: an
Indemnity/Restoration Agreement with Boca Raton Associates VI, LLP, a Florida
limited liability partnership (Property Owner).
SUMMARY: The Property Owner is in the process of
developing a residential project “The Bridges PUD” in suburban Delray Beach and
has entered into a Standard Development Agreement (Agreement) with the County
regarding the provision of potable water and wastewater services to the property,
including the installation of potable water and wastewater pipelines and
appurtenant facilities (Facilities).
Following the completion of the installation of the Facilities, Property
Owner will convey the Facilities and corresponding utility easements to the
County to maintain, repair, remove or replace the Facilities. Certain Facilities will be constructed in
easements located underneath and/or adjacent to artificial bridges (Bridge
Facilities), made up of berms, retaining walls, roads and landscape materials. Property Owner agrees to indemnify and hold
County harmless for damages related to the Bridge Facilities. Furthermore, the Property Owner also agrees
that the restoration of the bridges following County construction, maintenance,
repair, removal or replacement of the Bridge Facilities shall be the
responsibility of the Property Owner or its successors. (WUD No. 11-538) District
5 (MJ)
11. Staff recommends
motion to approve: the partial release of a utility easement
over property owned by Rreef America Reit II Corporation J. SUMMARY: This
document will release the County’s interest in a portion of a utility easement
recorded in the Official Records of Palm Beach County, Book 07421, Page 1969, over
property owned by Rreef America Reit II Corporation J. The Water Utilities Department has determined that this portion
of easement is no longer needed and therefore recommends the release. District
5 (MJ)
12. Staff
recommends motion to approve: Supplement No. 1 to Work Authorization
No. 5 (R2011-0292) to the Continuing Construction Contract with AKA Services,
Inc. (R2010-1422) in the amount of $106,270.34 and 60 day time extension for
the North County Airport Utility Improvement Project. SUMMARY:
On March 1, 2011,
the Board of County Commissioners approved a Work Authorization No. 5
(R2011-0292) to the Continuing Construction Contract with AKA Services Inc. (R2010-1422),
for the North County Airport Utility Improvement Project. This Supplement
authorizes the contractor to perform additional work for quantity adjustments
and additional work required by the CSX permit.
These contract adjustments are necessary to reflect change conditions to the
contract requirements. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15% overall. The contract with AKA Services, Inc. provides
for SBE participation of 16.01% overall. This Supplement includes zero overall
SBE participation. The cumulative SBE
participation, including this Supplement is 16.45% overall. AKA Services, Inc.
is a Palm Beach County company. (WUD Project No. 10-020) District 1 (JM)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: two (2) original documents for the Department
of Environmental Resources Management:
A) Interlocal Agreement executed by Riviera Beach
Police Department for manatee speed zone law enforcement from November 15, 2011,
to March 31, 2014, not to exceed $16,875 as an award amount for FY 2012; and
B) Interlocal Agreement executed by the Florida Fish and Wildlife
Conservation Commission for manatee speed zone law enforcement from November
15, 2011, to April 30, 2014, not to exceed $33,750 as an award amount for FY 2012.
SUMMARY:
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). District 7/Countywide (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) reallocation of $100,000 within the 2002 $50
Million Recreational and Cultural Facilities Bond referendum from Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH) and the City of Delray Beach for
construction of the C. Spencer Pompey Amphitheater to Old School Square, Inc.,
and the City of Delray Beach for the purchase and installation of a sound
system for the Old School Square pavilion;
B) Interlocal Agreement with Old School Square,
Inc., and the City of Delray Beach for the period of March 20, 2012, through
March 19, 2013, in an amount not-to-exceed $100,000 for the purchase and
installation of a sound system for the Old School Square pavilion; and
C) Budget Transfer of $100,000 within the 2002
$50 Million Recreational and Cultural Facilities Bond referendum from C.
Spencer Pompey Amp/Pass-Through to the Old School Square Pavilion Sound
Equipment project.
Summary: The District 7 Commissioner has identified $100,000 from the $50 Million
Recreational and Cultural Facilities Bond that she is requesting the Board
redirect to Old School Square for the replacement of their pavilion’s sound
system that is no longer useable. The
$100,000 is from the 2002 Recreational and Cultural Facilities Bond allocation
for Neighborhood Parks that is no longer needed for EPOCH’s proposed
amphitheater project at the Spady House Museum.
The Agreement for the Old School Square sound system is a tri-party
Interlocal Agreement with the City of Delray Beach, as owner of the leased Old
School Square property. The Agreement
allows for the reimbursement of eligible expenses incurred subsequent to
December 1, 2011. District 7 (PK)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to approve: an Interlocal Agreement for $51,000
with the City of Riviera Beach for the period January 1, 2012, through
September 30, 2012, to support the Civil Drug Court Program’s case management
and substance abuse treatment services. SUMMARY: The Criminal Justice Commission
recommended the use of the Drug Abuse Trust Fund for funding the following
project. The Civil Drug Court Program located in the City of Riviera Beach
provides case management services and contracts with residential and outpatient
substance abuse service providers for indigent clients ordered to treatment by
the court. Countywide (PGE)
S. FIRE RESCUE
1. Staff recommends motion to approve: an Interlocal Agreement for Fire Vehicle Maintenance with the Town of Palm Beach for a period of ten (10) years. SUMMARY: This Agreement provides for the maintenance and emergency repair of the Town of Palm Beach’s Fire-Rescue emergency response apparatus by Palm Beach County Fire Rescue Support Services personnel. Labor shall be calculated using the hourly rate listed as the Warranty Rate on the County’s Rate Schedule for Warranty, Vehicle and Staff charges in effect at the time of service. Labor, parts, commercial repair and reimbursable insurance repairs will generate approximately $116,000 in external revenues which are expected to exceed the cost of the additional related operating expenses, estimated at $47,500 for FY 2012. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: an Interlocal
Agreement with the South Florida Water Management District (SFWMD), an
independent taxing district, at an estimated first
year net revenue of $21,816, for an initial term of one (1) year, with
automatic (1) year renewals unless notice given by any party. SUMMARY: This
Interlocal Agreement allows the SFWMD to access Palm Beach County (the “County”)
network services on a cost sharing basis similar to the existing Interlocal
Agreements between the County and various municipalities, Children’s Services
Council, and the Kravis Center for the Performing Arts. There are two (2) planned connections to the
County’s network. The first will serve as the SFWMDs’ backup Internet access
and the second will provide connectivity to the SFWMD disaster recovery
equipment located in the Network Access Point (NAP) of the Americas data center
located in Miami. In addition to the
revenues the County will receive, it is estimated that this agreement will
reduce SFWMD’s costs by $50K annually.
Florida LambdaRail will provide termination equipment and connection
services at the NAP of the Americas. These monthly charges will be billed to
SFWMD by the County. As this additional service requires an amendment to the
existing FLR-PBC contract, that amendment is being submitted as a separate
Agenda item. The County will not incur
any costs associated with this project other than staff time involved in
planning and managing the project. This
agreement is similar to existing agreements with other municipalities and
educational institutions for network services.
This
Interlocal Agreement provides for disclosure of Article XII, Section 2-422,
Palm Beach County Code, establishing the Office of the Inspector General. District 2 (PFK)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION
SYSTEMS SERVICES (Cont’d)
1. Staff recommends
motion to approve: Supplemental
Service Order Request Quote No. FLR-20110913-01, with the Florida LambdaRail,
LLC (FLR) to add services at the Network Access Point (NAP) of the Americas
data center in Miami under the Terms and Conditions applicable to Affiliate
Connection Agreement (R2008-0674), effective April 1, 2012 with a one-time cost
of $2,750 and a recurring annual cost of $17,484 for a new total cost for FLR
services of $376,059 for the period January 1, 2011, through September 30,
2012. SUMMARY: On April 15, 2008,
the County entered into an Affiliate Connection Agreement with Florida
LambdaRail, LLC to obtain high-speed, high bandwidth optical network services
to support the needs of the County and other governmental, educational and
non-profit entities participating in the Palm Beach County Regional
Network. This additional service will
provide the SFWMD with network connectivity to Network Access Point (NAP) of
the Americas’ data center in Miami. Agenda Item No. 3U-1 provides this
connection as well as the additional FLR services identified in the Service
Order Request. The County’s costs in providing these additional network
services will be fully recovered by the revenues to be received from the SFWMD,
per companion Agenda Item No. 3U-1, dated March 20, 2012. Countywide (PFK)
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) reimbursement to Palm Beach County Facilities Department
of $220,644.87 to cover the clean up, remediation and property replacement
through the County Self-Insured Plan for an extensive sewage back-up at 810
Datura Street, West Palm Beach, FL 33401; and
B) a Budget Amendment of $35,000 in the Public Building
Improvement Fund recognizing insurance proceeds and establishing furniture
replacement budget line.
Summary: On August 31, 2011, a sewage backup
occurred in the Community Services Building located at 810 Datura Street in
West Palm Beach. The result was serious damage to furniture, files and walls in
the basement level of the building. Countywide (TKF)
MARCH 20, 2012
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve:
A) renewal of the County’s Excess Property, Liability and
Workers’ Compensation Insurance Program
for the period April 1, 2012, through March 31, 2013, purchased through the
County’s contracted broker, Arthur J. Gallagher Risk Management Services, Inc.,
under Contract No. 10-042R/LJ, for a total cost not-to-exceed $12,318,000; and
B) the County Self-Insured Retention Plan Document, as
Amended and Restated.
SUMMARY: The County’s expiring Excess
Property, Liability and Workers’ Compensation Insurance Program provides excess
layers of property insurance totaling $200 Million inclusive of the County’s
$1,000,000 self-insured retention, excess layers of liability insurance
totaling $5 Million excess of the County’s $500,000 self-insured retention, and
$2,000,000 of excess coverage for workers’ compensation inclusive of a
$1,000,000 self-insured retention. The Program also includes various ancillary
excess insurance policies covering damage to County-owned property resulting
from flood, terrorism, boiler & machinery, and employee dishonesty. The
coverage structure has been analyzed and configured to provide the best
coverage terms at the most competitive prices.
The Self-Insured Retention Plan Document has been amended and restated
to reflect corresponding excess coverages currently in effect. The projected
2012-2013 renewal figures reflect a much harder market in which some
adjustments to existing coverage must be evaluated in order to procure the
highest amount of insurance possible, while keeping costs as close to expiring
premiums as possible. The hardening
market is attributable to worldwide catastrophic losses, and a newer, more
conservative CAT modeling system that has been adopted by the insurance
industry and the State of Florida. The County’s total insurable values have
increased less than 1% this year to approximately $2.39 Billion. The cost of
the program is also impacted by a variety of State-mandated surcharges and
assessments that have increased in 2012. The total not-to-exceed cost of
$12,318,000 represents no increase over the actual expiring premium. Sufficient funds are budgeted in FY 2012 for
this coverage. Countywide (TKF)
AA. PALM TRAN
1. Staff
recommends motion to approve: Contract
with Creative Outdoor Advertising of America, Inc. under which they will
install, maintain, and service advertising bus benches along Palm Tran's fixed
routes.
Summary: The initial term of the contract is for
ten (10) years and will provide the County with an estimated $379,500 in
revenue. At its option, the County may
extend the Contract for an additional five (5) years. At start up, the
Contractor will remove all existing advertising benches and replace them with
modern American with Disabilities Act (ADA) compliant benches (with two waste
containers for recycling). In addition, the surface areas at the benches will
be brought up to current ADA standards all at no cost to the County. Thereafter
the Contractor will maintain the benches, surrounding area, and handle waste
pick up. Monthly payment to the County
will be based on the number of advertising benches in service each month. Countywide (DR)
* * * * * * * * *
* *
MARCH 20, 2012
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends
motion to approve: Budget
amendments and transfers in various funds reflecting adjustments for balances
brought forward, other revenues, reserves and operating expenses including a
$2,063,242 budget transfer from contingency to fund the projected FY 2012
budget deficit for Palm Tran Connection.
The total of the adjustments is an increase of $88,461,046 in 222 funds.
SUMMARY: These budget amendments and transfers are necessary to adjust
FY 2012 budgets to reflect differences between actual and estimated revenues
and expenditures of FY 2011. These amendments adjust the balances brought
forward, various revenue, expenditure, and reserve accounts to their audited balances.
The proposed adjustments include $26,396,964 additional reserves in the General
Fund. The adjustment is a result of:
·
$7,742,767
additional excess fees: Sheriff’s Office $3,766,597 Clerk & Comptroller
$661,931, Supervisor of Elections $3,314,239; and
·
($1,603,210)
Tax Collector commission refunds below estimate; and
·
$987,562
Property Appraiser commission refunds above estimate; and
·
$6,669,115
additional revenues: Sheriff’s revenues $879,366, Interest $963,940, Utility
Tax Electric $794,091, Franchise Fee Electricity $981,179, State Revenue
Sharing $2,494,752, Surcharge Traffic $555,787; and
·
$7,375,466
expenditures less than and revenues greater than originally estimated: Parks
& Recreation $1,260,911, Planning Zoning & Building $1,422,671, Other
County Funded $1,005,120, General Government Operations $1,391,553, various
other departments $2,295,211; and
·
$1,393,196
expenditures less than and revenues greater than originally estimated for the
Local Government ˝ Cent Sales Tax; and
·
$3,820,788
transfers less than originally estimated: Head Start $708,073, County
Transportation Trust Fund $1,177,611, Fire Rescue Common Dispatch $1,064,422,
various other transfers $870,682; and
·
($735,000) transfer from Contingency Reserve to the 13M
NAV 05 FAU Scripps Debt Service Fund for debt service payment; and
·
$746,280
reflects various adjustments including grant match, expenditures less than and
revenue greater than originally estimated.
FY 2013 deficit projections currently assume these additional reserves
will be carried forward to balance the annual budget. Countywide (PK)
B. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, pertaining to posting of underage drinking signs; providing for
definitions; providing for general requirements; providing for enforcement;
providing for severability; providing for repeal of laws in conflict; providing
for inclusion in the Code of Laws and Ordinances; providing for captions;
providing for applicability; and providing for an effective date. SUMMARY: The Board of County Commissioners of Palm
Beach County, Florida, having been made aware that underage drinking and
service of alcoholic beverages to minors is an increasing problem in Palm Beach
County, has determined that an effective way to combat this problem is to make
the general public aware of the general prohibitions against service of alcohol
to minors and the penalties associated with such service. This Ordinance requires the posting of signs
with such information by vendors and certain other dispensers of alcoholic
beverages warning of the prohibition against and the penalties associated with
the sale or provision of alcoholic beverages to minors. Countywide (LB)
MARCH 20, 2012
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing Ordinance 2009-001 Palm Beach County Amendments to the Florida Building Code, 2007 Edition, Chapter 1 “Administration” and Section and Figure 1609.1 Basic Wind Speed Map of Palm Beach County, Appendix F “Proposed Construction Building Codes for Turf and Landscape Irrigation Systems” of the 2007 Florida Building Code, Plumbing Volume, with Palm Beach County Amendments “Exhibit A” of Ordinance 2009-002, and Sub-Section 7-36(B) of Article III, Sections 7-52, 7-53 and 7-55 Of Article IV, and Articles V, VII, VIII, X, And XI of the Palm Beach County Code of Ordinances; adopting the Palm Beach County Amendments to the Florida Building Codes (FBC) 2010 Edition Chapter 1 “Administration” (FBC-Building) and Flood and Wind Provisions (FBC-Building and Residential), and Appendix F “Construction Building Codes for Turf and Landscape Irrigation Systems” (FBC-Plumbing) WITH Palm Beach County Amendments, and Sub-Section 7-36(b) of Article III Palm Beach County Code of Ordinances; providing for applicability; providing for repeal of laws in conflict; providing for inclusion in the Code of Laws and Ordinances; providing for a savings clause; providing for severability; and providing for an effective date. SUMMARY: The Legislature adopted F.S. 553.73, mandating a Statewide Florida Building Code (FBC), and allowing local governments to adopt their own Administrative Chapter of the FBC, 2010 Edition, applicable in the unincorporated area of Palm Beach County, and those municipalities having an Interlocal Agreement for the provision of County plan review and inspection services. Significant change in this administrative chapter is the ability to place a non-ad valorem assessment on a property for costs associated with abatement of unsafe buildings and other entities. This chapter is based upon recommendations of the Palm Beach County Building Code Advisory Board. Figures 1609 A, B, and C in the FBC are accurate for basic wind design to the County, and provides for local government to establish specific wind speed/wind borne debris lines using physical landmarks, whenever possible. As a result of landscape irrigation regulations adopted in the last code cycle, many cross connections of drinking water and irrigation systems have been abated, and proper water conservation designs have been implemented. Practical application brought forth some few areas where there was a redundancy of proper regulation. Those redundancies are being eliminated. The 2010 FBC will include flood resistant provisions applicable in flood hazard areas, a change from previous editions. The code refers to local floodplain management ordinances, that are required to be incorporated into the FBC 2010 Edition, in accordance with new legislation in 553.73, F.S. Unincorporated (AH)
D. Staff recommends
motion to approve: Conceptual Alignment 2A (South) for Congress Avenue
from Park Lane to State Road 811/Alternate A1A. SUMMARY: Approval of Conceptual Alignment 2A (South)
for Congress Avenue from Park Lane to State Road 811/Alternate A1A, will
finalize the alignment and allow the start of the design and right-of-way
acquisition process for this portion of Congress Avenue. At the Board of County
Commissioners (Board) meeting held on February 28, 2006, the Board approved the
alignment of Congress Avenue south of this segment, from Northlake Boulevard to
Park Lane. Ultimately, over 22 residences will have to be acquired to allow
this new road to be constructed. District 1 (MRE)
MARCH 20, 2012
4. PUBLIC
HEARINGS CONTINUED
E. Staff
recommends motion to adopt: a Resolution confirming the special
assessment of $20 per abutting foot for 181st Street North and 182nd
Road North Water Main Improvements (Project) in the Limestone Creek Countywide
Community Revitalization Team (CCRT) unincorporated area, Project No.
2007050.010. SUMMARY: Adoption of
this Resolution will allow Palm Beach County (County) to assess the property
owners of 181st Street North and 182nd Road North $20 per
abutting foot for the water main improvements. In addition, the Office of
Community Revitalization will contribute funds (approximately $15 per abutting
foot) from its CCRT Recoup Funding Reserves in order to limit the assessment to
the property owners in this CCRT unincorporated area at $20. The expenditure of these funds will be
brought to the Board of County Commissioners for approval by the Engineering
Department during the final assessment process. Assessments will be payable in
20 equal annual installments. The Town of Jupiter (Town) agreed to advance the
funds for design and permits for the Project and will also fund the
construction. The County has received a positive response from a majority of
the property owners on both streets, indicating their willingness to be
assessed for the water main. The
property owners will also have an opportunity to execute an agreement with the
Town for water service connection fees that will permit the fees to be added to
the final assessment. The Tax Collector’s Office will transfer the
collected funds to the Town. District
1 (MRE)
F. Staff requests Board direction: regarding alignment alternatives for Jupiter
Park Drive/Western Corridor (Island Way) from Jupiter Park Drive to Indiantown
Road. SUMMARY: The Town of Jupiter (Town) is finalizing the development
conditions of approval for the Hawkeye Jupiter property (formerly known as the
Brown property). The new road, Island
Way, will need to be designed and built to provide appropriate access to the
property. Land will have to be acquired
to allow the construction of the road. The northern and southern ends of the
road are within the Town and are approximately 60% of the road length. The remaining section lies within the
unincorporated area. The road is
intended to be a Town road when it is constructed, with funding expected to
come from the Town and the Hawkeye development. District 1 (MRE)
* * * * * * * * * * * *
MARCH 20, 2012
A. ADMINISTRATION
1. Staff recommends
motion to approve: a Contract
with the Small Business Development Center (SBDC) at Palm Beach State College
in the amount of $94,000 to provide technical assistance and training to small
businesses in Palm Beach County for the period of October 1, 2011, through
September 30, 2012. SUMMARY: This Contract provides Palm Beach County’s
Small Business Enterprise firms with technical assistance and training in the
form of direct consulting services in the areas of finance, marketing,
management, construction, human resources, business plans and international
trade In addition, the Florida
Procurement Technical Assistance Center (PTAC), a specialized program under the
SBDC, provides local SBE’s with services that result in federal certifications,
such as 8(a), HUBZone and Small Disadvantaged Business; identify federal
contract opportunities for local small businesses; and assist local businesses
in submitting bids to local, state, and
federal agencies. The total amount of
this proposed contract for FY 2012 is $94,000. An audit has been completed for
contracted services in FY 2011 and resulted in satisfactory performance. The FY 2011 performance and FY 2012
contracted performance is listed below. Countywide (TKF)
|
|
Deliverables |
FY11 Contracted |
Achieved as
of 9/30/11 |
FY12 Contracted |
|
|
SBDC |
|
|
|
|
1 |
Management & Technical Assistance
Clients |
550 |
627 |
550 |
|
2 |
Loans
Approved |
$1,330,000 |
$1,330,000 |
$1,330,000 |
|
3 |
SBDC
Seminars |
4 |
4 |
6 |
|
4 |
Quarterly
Report and Client Profile |
4 |
4 |
4 |
|
|
PTAC |
|
|
|
|
5 |
Management &Technical Assistance
Clients |
150 |
249 |
150 |
|
6 |
Procurement Approved |
$10,000,000 |
$162,813,953 |
$10,000,000 |
|
7 |
Government Procurement Seminars |
18 |
22 |
18 |
|
8 |
Certification Training |
10 |
8 |
10 |
|
9 |
Review of RFP/Bid Process |
8 |
8 |
8 |
MARCH 20, 2012
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to:
A) direct staff, following contractual presuit notice and dispute resolution
requirements, to initiate litigation seeking a Declaratory Judgment
Action and supplemental relief, including but not limited to the appointment of
an independent receiver, as appropriate to resolve the County’s conflict over
the Interlocal Agreement (R2009-1034) establishing the Glades Utility Authority
(GUA);
B) adopt a Resolution of the Board of County Commissioners of Palm Beach County,
Florida, declaring its intent to initiate presuit notice and dispute resolution
procedures pursuant to Section 7.13 of the Interlocal Agreement, and to
initiate intergovernmental conflict resolution procedures with the GUA, the
City of South Bay, the City of Belle Glade, and the City of Pahokee, pursuant
to Chapter 164, Florida Statutes (2012), in the event it is determined to be
applicable to the present conflict; and declaring that an immediate
danger to the health, safety, and welfare of the public requires immediate
action, and that significant legal rights will be compromised if a court
proceeding does not take place before complying with the provisions of the
Florida Governmental Conflict Resolution Act; and
C) direct staff to initiate intergovernmental conflict resolution procedures during
the pendency of litigation.
Summary: To
date, the GUA has not adopted a surcharge to address revenue shortfalls and
therefore does not have a FY 2011-2012 budget.
The GUA remains in a perilous fiscal condition. On January 24, 2012, the Board of County
Commissioners (BCC) approved all seven (7) negotiated absorption conditions
agreed to by the Cities of Belle Glade and Pahokee, and established a deadline
of February 15, 2012, for the City of South Bay to pass a Resolution agreeing
to the absorption conditions with no additional requirements. The City of South Bay failed to pass a
Resolution by the February 15, 2012, date.
The BCC also further directed Staff to have no further negotiations with
the Tri-Cities concerning absorption and to bring options to protect the Public
interest with respect to the GUA, to the March 20, 2012, BCC meeting.
Staff has reviewed all legal options with the County Attorney’s Office
and believes seeking a Declaratory Judgment Action is in the best interest of
the Public due to the failure of the City of South Bay to pass the required
Resolution which would have avoided this litigation. District 6 (ATP)
MARCH 20, 2012
5. REGULAR
AGENDA
B. AIRPORTS
1. Staff requests
Board direction on:
A) renewal of Airport Ground Transportation
Concession Agreement (Amendment) with Southeastern Florida Transportation
Group, LLC (SEFTG) (R2005-1774), for three (3) additional years through
September 30, 2015; or
B) issuance of a competitive solicitation for a
ground transportation concession agreement for the provision of on-demand
ground transportation services, including taxicabs, executive sedans,
limousines and shared ride services, at the Palm Beach International Airport
(PBIA).
SUMMARY: The current agreement for
on-demand airport ground transportation services expires on September 30,
2012. The current agreement provides for
an initial term of seven (7) years with one (1) – three (3) year option to
renew at the County’s sole option. The Department is requesting the Board to
approve: (i) the renewal of the current agreement; or (ii) the issuance of a
competitive solicitation by the Department for a new agreement for on-demand
ground transportation services. The
current agreement, or any new agreement, will require the concessionaire to
provide a sufficient number of taxicabs, executive sedans, sedans, limousines
and share ride services to meet the requirements of all persons requesting such
services, during daily peak and non-peak periods and periods of heavy seasonal
and holiday passenger traffic. If approved, the Amendment would renew the
current agreement through September 30, 2015.
The current agreement requires SEFTG to pay concession fees equal to the
greater of a per capita charge of $0.0885 per deplaned passenger or a minimum
annual guarantee of $266,959; provides for adjustment of the per capita charge
based on increases to SEFTG’s fares and rates; and provides for adjustment of
the minimum annual guarantee based upon increases to the number of deplaned
passengers. If the Board elects to approve the issuance of competitive
solicitation in lieu of extending the current agreement, the solicitation will
establish, as a minimum requirement, payment of concession fees at least equal
to the amounts paid under the current agreement. The Amendment updates
non-discrimination provisions to ensure compliance with recent changes to 49
CFR Part 23, which regulates airport disadvantage business enterprise (ACDBE)
programs. The current agreement has an annual 17% ACDBE participation goal.
SEFTG reported 20.67% ACDBE participation for Fiscal Year 2011. If the Board approves issuance of a
competitive solicitation, the solicitation will include an ACDBE goal
established in accordance with the requirements of 49 CFR Part 23. Regardless of whether the Board approves
renewal of the current agreement or issuance of a competitive solicitation,
non-concessionaire ground transportation providers will continue to be
permitted to operate at PBIA on a pre-arranged basis subject to compliance with
applicable Airport Rules and Regulations. Countywide (AH)
MARCH 20, 2012
5. REGULAR
AGENDA
C. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) approve a phased opening beginning July 2, 2012, for the Senator
Philip D. Lewis Center (Lewis Center);
B) authorize staff to complete contract negotiations with the following service
providers and present contracts for BCC consideration within 30 days: Gulfstream Goodwill Industries, Inc.,
Adopt-A-Family, Inc., and The Lord’s Place, Inc.; and
C) approve Budget Transfer of $1,208,184 in the Human Services, General Fund to
establish FY 2012 funding for the Lewis Center, with $216,213 transferred from
existing Financially Assisted Agencies (FAA) budget and the balance of $991,971
funded from the General Fund Contingency Reserve.
SUMMARY: The Lewis Center will serve as the main
point of access for homeless services in central Palm Beach County. Facility operations and service provision
will be contracted to three local non-profit organizations that are currently
serving the homeless population in Palm Beach County and have demonstrated a
strong commitment to the goals established in the BCC adopted Ten-Year Plan to
End Homelessness. Gulfstream Goodwill
Industries, Inc. will be the lead facility operator and will provide individual
housing placement; ongoing support and oversight of the on-site interim
housing. Adopt-A-Family, Inc. will
provide family engagement, housing placement and ongoing support; and The
Lord’s Place, Inc. will provide navigation and employment services. The County’s Homeless Outreach (HOT) teams
and a Health Department staffed medical facility will also be located on site.
A projected expenditure and revenue budget is included with this item. Staff is recommending a budget of $1,312,532
for FY 2012 which includes start up costs and partial year funding for Lewis
Center operations and required off-campus supportive housing. The estimated
total annual operating cost for FY 2013 is approximately $4.8 Million and will
be addressed in the FY 2013 budget process.
A portion of the funds required for FY 2012 is allocated in the current
budget and the remainder of the required funding is being requested from
general fund reserves. The phasing plan
anticipates opening all on-site services and one-third of the available beds on
July 2, 2012, an additional one-third on October 1, 2012, and the final
one-third open by January 2, 2013. (Human Services) Countywide (TKF)
D. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to adopt: a Resolution authorizing the Department of Economic
Sustainability (DES) to submit a Section 108 Loan Fund Application for
$7,240,130 to the United States Department of Housing and Urban Development
(HUD); authorizing the acceptance of awarded funds in order to assist established
businesses in Palm Beach County; and, authorizing the County Administrator, or
his designee, to execute the Loan Application documents. SUMMARY: This Application will increase
the allocation for the County’s Section 108 Loan Program (Program) by $7,240,130. The Program provides gap financing to
businesses seeking to locate or expand in the County in order to create new
jobs and help revitalize communities.
The Program gives priority to businesses in distressed areas of
unincorporated Palm Beach County and then to businesses in distressed areas
within municipalities in the County. To date, approximately $14 Million in
loans have been made, generating 828 jobs and a five-year Economic
Sustainability Impact of $602 Million.
An additional $5.5 Million in loans is currently being processed and is
projected to generate 375 jobs and a five-year Economic Sustainability Impact
of $119 Million. The funding being
applied for is projected to create 214 jobs and have a five-year Economic
Sustainability Impact of $206 Million. The
Section 108 Loan funds are Federal grant funds which require no local match and
the staff costs to implement the program are funded from are Ad Valorem
sources. (DES Contract Development) Countywide (DW)
MARCH 20, 2012
5. REGULAR
AGENDA
E. WATER UTILITIES
1. Staff recommends
motion to approve: Contract with Atlantic
Environmental Systems, Inc. for the Royal
Palm Beach Lift Station Remote Telemetry Unit (RTU) Upgrade in an amount of $753,125. SUMMARY: On December 13, 2011, five (5) bids were
received for the Royal Palm Beach Lift
station RTU Upgrade with Engineer
Service Corporation (Jacksonville, Florida company) being the lowest bidder in
the amount of $738,000. The second low bid was received from Atlantic
Environmental (Palm Beach County Company) in the amount of $753,125. The Palm
Beach County Local Preference Ordinance provides for award to the local company
if the first and second bidders are within 5%. Accordingly, Staff is
recommending award to Atlantic Environmental Systems, Inc. in accordance with
the Local Preference Ordinance. This Contract will replace 41 lift
stations RTU’s and associated lift station controls to match the Water
Utilities standards. The Small Business Enterprise (SBE) participation
goal established by the SBE Ordinance is 15% overall. This Contract with Atlantic
Environmental Systems, Inc. provides for SBE participation of 100%
overall. Atlantic Environmental
Systems, Inc. is a Palm Beach County company and certified SBE contractor.
(WUD Project No. 11-037) District 6 (JM)
2. Staff
recommends motion to receive and file:
a presentation providing a status report on the C-51 Reservoir
project. SUMMARY: On October 18, 2011, the Board of County Commissioners
(Board) approved a Memorandum of Understanding directing Staff to provide input
into and monitor the progress of the C-51 Reservoir project. This status report is intended to update the
Board with respect to the following:
·
Project Timing;
·
Water Quality Concerns;
·
Current Project Cost;
·
Utility Participation; and
·
Leadership and Governance Issues.
This presentation was
scheduled at the request of the Board on February 6, 2012. Countywide (MJ)
MARCH 20, 2012
5. REGULAR
AGENDA
F. FACILITIES
DEVELOPMENT & OPERATIONS
TIME CERTAIN 11:00 A.M.
1. Staff requests
Board direction regarding: a request by the Supervisor of Election (SOE) to immediately exercise
the renewal option on a SubLease with Huttig Building Products (R2009-1211) for
warehouse space utilized by the SOE for support operations and election day
vote tabulation. SUMMARY: On July 21, 2009,
the Board entered into a SubLease with Huttig for approximately 76,000 sf of
warehouse space for the SOE for a term of five (5) years with a renewal option
ending June 21, 2016. At the same time,
the Board entered into a Consent to SubLease with RREEF America REIT II Corp
(RREEF or Landlord R2009-1212). The
Broker for the transaction was Robert Goldstein, President Hospitality
Consultants Realty Services (HCRS) and the broker fees are owed by Huttig,
pursuant to an agreement to which the County is not a party. For the last several months, HCRS has been
requesting that the County exercise the renewal option so that HCRS can be paid
its brokerage fee. In addition, HCRS and SOE believe that by exercising the renewal
option early, there will be financial benefits to the County, will relieve the
County from liability, and better protect the SOE from the potential
interruption in the use of the space in the event of Huttig’s bankruptcy. It is
Staff’s position that there are no benefits to the County or SOE in exercising
the option early. On January 24, 2012,
the Board directed Staff to open negotiations with RREEF regarding options
beyond 2016; however, RREEF is unwilling to discuss an extension at this early
date. Staff believes that RREEF’s refusal to open negotiations are for the same
reasons that Staff desires to postpone negotiations - preservation of
negotiating position based on conditions
and needs just prior to the time that
the option has to be exercised. For this reason, Staff is recommending that the
plans for accommodating the SOE’s needs beyond June 2016 occur in the summer of
2013, and based on the conclusion of those discussions, consider exercising the
option at that time. (PREM) Countywide (HJF)
MARCH 20, 2012
5. REGULAR
AGENDA
F. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff
recommends motion to approve:
A) a Second Amendment to Sub-Lease Agreement
(R2011-1595, R2001-0656) with the Boys and Girls Clubs of Palm Beach County,
Inc. (BGCPBC) for the Bill Bailey Community Center in Belle Glade to: (i)
assign responsibility for payment of
the water, wastewater and electricity to the County for the period of April 1,
2012, through September 30, 2012 (“County Obligations”), and (ii) obligate
BGCPBC to reimburse the County for any expenditures on County Obligations in
excess of $21,000; and
B) a First Amendment to Agreement (R2001-0657)
with the Palm Beach County Sheriff’s Office (PBSO) for the operation of a
Police Athletic League (PAL) Program to
provide for the payment of a use fee in the amount of $21,000 for the period
of April 1, 2012, through September 30,
2012.
SUMMARY: On
October 18, 2011, the Board approved a First Amendment to Sub-Lease Agreement
with BGCPBC that provided for a lease extension to the Sub-Lease through
October 30, 2015, for BGCPBC’s operation of various community based youth
programs from the County’s Bill Bailey Community Center Gymnasium located
within the City of Belle Glade. PBSO
also uses the premises for the operation of the PAL programs. On December 16, 2011, BGCPBC notified the
County of funding shortfalls which jeopardize the continuation of programs from
this particular facility. Staff believes
it is important that the services continue to be provided from this facility
not only for the youth, but also for community benefits as the only indoor
recreational facility in this area and one of just a couple public assembly
buildings in the Western Communities which can be used for post disaster
recovery needs. In order to address the
funding shortfall through the end of this budget year, PBSO/PAL will pay the
County a $21,000 use fee from non ad valorem sources. Between now and September
30, 2012, BGCPBC as well as the County and PBSO Staff will attempt to identify
alternate sources of funding for the utility costs (approximately $80,000
annually) which will likely include the requests of the BGCPBC for financial
assistance through other County programs and/or Staff identifying these costs
as an unfunded existing program requirement for the Board to consider as part
of the budget process. After September
30, 2012, the funding obligations of both the County and PBSO/PAL will expire and
BGCPBC will once again be obligated to pay for the utilities, which may force a
decision on whether BGCPBC can continue its programming. All other terms of both the Sub-Lease and the
PBSO/PAL Agreement remain in effect and unchanged. (FDO Admin) District 6 (HJF)
MARCH 20, 2012
5. REGULAR
AGENDA
F. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff
recommends motion to authorize:
A) Staff to negotiate an option agreement with
NewKita Group, Inc., for the donation of an 11.8 acre parcel of land adjacent
to the Palm Glades Apartment Complex in unincorporated Belle Glade for the
development of a multi-use recreational and community center complex; and
B) Staff to obtain an appraisal of the County
property at the County’s expense, estimated not to exceed $5,000.
SUMMARY: The
County owns an 11.8 acre parcel of vacant property adjacent to Palm Glades
Apartment Complex in unincorporated Belle Glade. The County has no identified use for the
property, and it is unlikely that the property could be sold in the foreseeable
future for anywhere close to its appraised value of $373,000. NewKita Group is a not-for-profit
organization with a mission to enhance personal enrichment and community unity
through recreational activities, sports, health, fitness, entertainment and
education. NewKita has submitted a proposal to develop a multi-use complex
which would consist of a two-part 50,000 square foot building which will house
3,400 to 4,000 theatre style seats, two (2) full size multi-purpose courts to
accommodate tennis, basketball, volleyball, soccer, dance, skating, arena
football as well as a hospitality area, fitness center, conference rooms, youth
activity center, and two (2) full service locker rooms. NewKita’s proposal is
extremely aggressive but due to the lack of indoor recreational and public
assembly facilities in the Western Communities, the budget limitations which
prevent the County or City from providing such facilities at any time in the
future combined with low probability of a sale of the property for anywhere
near its assessed value; Staff believes that it is in the community’s best
interest to allow NewKita the opportunity to reach its goal. The option
agreement envisioned would commit the County to a donation of the property in
the event that NewKita met specific timing and fundraising milestones. Because
the assessed value of the property exceeds $25,000, an appraisal is
required. NewKita has requested that
Staff seek Board approval for the funding required for the appraisal. Funding
is available in the Public Building Improvement Fund Account identified for
appraisals and due diligence on otherwise unfunded projects. Based on the
outcome of the appraisal, it is possible that the Option Agreement will need to
be reviewed by the Property Review Committee in advance of it being presented
to the Board for consideration. (FDO Admin) District 6 (HJF)
* * * * * * * * * * * *
MARCH 20, 2012
A. ADMINISTRATION
(Fire Rescue Level of Service Committee)
1. Staff recommends
motion to approve: reappointment of the following three (3) members to
the Fire Rescue Level of Service Committee each for a term of three (3) years
from March 20, 2012, to March 19, 2015:
Nominee Seat Category
David Harden 3 Manager-Large
City
Dr. Richard Galeta 8 Fire
Rescue Advisory Board
Darrel Donatto 9 EMS Advisory Board
SUMMARY:
Palm Beach County Resolution
R2004-0494 established the Fire Rescue Level of Service Committee (LOS
Committee). It consists of nine (9) members representing specific categories,
each serving a term of three (3) years after the initial start up. The LOS
Committee recommends the reappointment of David Harden, Dr. Richard Galeta and
Darrel Donatto. These incumbents desire to continue to serve, are eligible for
reappointment. Countywide (SB)
B. PLANNING, ZONING & BUILDING
(Building Code Advisory Board)
1. Staff recommends
motion to approve: A) Appointment
of one (1) new member; and B) reappointment
of one (1) member to the Building Code Advisory Board:
Appoint Seat Requirement Nominated By Term
Andrew Mack 7 Building
Official BOAPBC 3/21/2012-1/10/2013
Reappoint Seat Requirement Nominated By Term
Maurice Jacobson 15 HVAC
Contractor CIMC 3/21/2012-3/6/2015
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for board members is three (3) years; with no limit
to the number of terms a member may serve. The appointment of Andrew Mack is
nominated by the Building Officials Association of Palm Beach County (BOAPBC).
The reappointment of Maurice Jacobson is nominated by Construction Industry
Management Council (CIMC) of Palm Beach County. The Board is composed of 16
members; seven (7) regional Building Officials who must be appointed from
nominees submitted by the Building Officials Association of Palm Beach County;
seven (7) members who must be appointed from nominees submitted by the
Construction Industry Management Council of Palm Beach County; one (1) member
who must be a registered Architect appointed from nominees submitted by the
Palm Beach County Chapter of the American Institute of Architects; and one (1)
member who must be a Professional Engineer appointed from nominees submitted by
the Palm Beach County Chapter of the Florida Engineering Society. Countywide (SF)
MARCH 20, 2012
6. BOARD
APPOINTMENTS
C. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
(Contract Review Committee)
1. Staff recommends
motion to approve: appointment
of one (1) individual to the Contract Review Committee:
Nominee
Seat No. Nominated By
Malcolm
F. Cunningham, J r., Esq.
4 Commissioner Taylor
Commissioner Aaronson
SUMMARY: On December
6, 2011, the Board of County Commissioners voted to add an At-Large appointee
to the Contract Review Committee. The Committee is currently comprised of three
staff members, which consists of the County Attorney (or designee), the County
Engineer (or designee) and the Director of Contract Development and Control (or
designee) who serves as the Committee’s Chair. The appointee by the Board will
become the fourth member of the Committee, and serve a term of two (2) years,
at which time the appointee may be re-appointed, or a new appointee selected by
the Board. The Board desires that the appointee be a representative from the
community with general contracting experience or an attorney experienced in
construction law. Mr. Cunningham is a local attorney who specializes in
construction law. Countywide (JM)
D. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
MARCH 20, 2012
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH DEPARTMENT
(Environmental Appeals Board)
1. Staff recommends
motion to approve: reappointment of the following individual to
the Palm Beach County Environmental Appeals Board for a term beginning on April
7, 2012, and ending on April 6, 2015:
Nominee Seat
No. Seat Requirement Nominated by:
Ray Puzzitiello 3 Member
Gold Coast Builders Assoc.
(now
known as Florida
Atlantic
Builders Assoc.)
Summary: The Board is composed of (5)
five members. Membership must consist of
one (1) lawyer recommended by the Palm Beach County Bar Association; one (1)
person recommended by the Gold Coast Builders Association (now known as Florida
Atlantic Builders Association) ; one (1) professional engineer recommended by
the Palm Beach Branch of the American Society of Civil Engineers; one (1) water
resource professional employed by the South Florida Water Management District;
and one (1) drinking water engineer employed by the Department of Environmental
Protection. Countywide (PE)
(Environmental
Control Hearing Board)
2. Staff recommends
motion to approve: reappointment of the following individual to the
Palm Beach County Environmental Control Hearing Board for a term beginning on
April 7, 2012 and ending on April 6, 2015:
Nominee Seat No. Seat Requirement Nominated by:
Lewis Green 2 Medical Doctor Palm Beach County Medical
Society
SUMMARY: The Board
is composed of five (5) members.
Membership must consist of one (1) lawyer recommended by the Palm Beach
County Bar Association, one (1) medical doctor recommended by the Palm Beach
County Medical Society, one (1) engineer recommended by the Palm Beach County
Chapter of the Florida Engineering Society, and two (2) citizens-at-large not
holding elective office. Countywide (PE)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECOVENE AS THE BOARD OF COUNTY
COMMISSIONERS
MARCH 20, 2012
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 20, 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
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."