June 19, 2012 – 9:30 a.m. BOARD OF COUNTY COMMISSIONERS
FINAL BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JUNE 19, 2012
PAGE ITEM
16 3I-5 REVISED SUMMARY: On
July 19, 2011, the Board of County Commissioners approved (R2011-1097) the
allocation of $25,000 $19,133.75 in Emergency Shelter Grant
Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that
provides emergency shelter facility for single homeless men at its facility
located at 1750 Northeast 4th Street in the City of Boynton
Beach. On December 20, 2011, Palm Beach
County entered into an Agreement (R2011-2039) with The Lord’s Place, Inc. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as recommended
by the ESGP Advisory Board. The
required match for these federal ESGP funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF) (DES)
16 3I-6 REVISED SUMMARY: On
July 19, 2011, the Board of County Commissioners approved (R2011-1097) the
allocation of $25,000 $19,133.75 in Emergency Shelter Grant
Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that
provides emergency shelter for families at its facility located at 4973
Wedgewood Way in unincorporated Palm Beach County. On December 20, 2011, Palm Beach County
entered into an Agreement (R2011-2038) with The Lord’s Place, Inc. The U.S. Department of Housing and Urban Development
previously determined that a Conflict of Interest, as defined at 24 CFR
576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as
recommended by the ESGP Advisory Board. The
required match for these federal ESGP funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF) (DES)
17 3I-7 REVISED TITLE: Staff recommends motion to approve: an Agreement with Urban League of Palm Beach
County, Inc. (Urban League) in the amount of $5,000 in Emergency Shelter Grant
Program (ESGP) funds for the period June 19, 2011 June 19, 2012,
to September 30, 2012. (DES)
18 3K-3 DELETED: Staff
recommends motion to approve: a “Utility Work by Highway Contractor”
Agreement with Florida’s Department of Transportation (FDOT) and Glades Utility
Authority (GUA) in the amount of $76,500 to relocate utility infrastructure
within FDOT bridge right-of-way. (WUD)
(Further staff review)
18 3K-4 DELETED: Staff recommends motion to approve:
Contract with Hinterland Group, Inc. for the Rehabilitation of Sanitary Sewer Concrete Structures
and Lift Stations over a 12 month term in
a budgeted amount not to exceed
$419,578 with an option to renew for four (4) additional 12 month terms. (WUD)
(Further staff review)
31 5E-2 DELETED: Staff recommends motion to approve: Amendment to Contract No. GC680 (R2007-0882) with the Florida Department of Environmental
Protection (FDEP) for activities in the Pollutant Storage Tank Compliance
Verification Program (PSTCVP). (ERM) (State document delayed; moved to
June 26, 2012)
36 8D ADD-ON: Request approval to
present off-site, a Proclamation declaring June 21, 2012 as “Tim Snow Day” in
Palm Beach County. (Sponsored by Commissioner Abrams)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 19, 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
3. CONSENT
AGENDA (Pages 6 - 25)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 26 -
27)
5. REGULAR
AGENDA (Pages 28 - 31)
TIME
CERTAIN 10:30 A.M. (Beach Management Program Presentation) (Page 31)
6. BOARD
APPOINTMENTS (Pages 32 - 34)
7. STAFF
COMMENTS (Page 35)
8. COMMISSIONER
COMMENTS (Page 36)
9. ADJOURNMENT (Page 36)
* * * * * * * * * * *
JUNE 19, 2012
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Managed Pharmacy Benefit Services Agreement
with CaremarkPCS Health for prescription drug discount card
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 State
Revenue Sharing Application for FY 2012-2013
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Resolution releasing reservation over a
portion of the alignment for Haverhill Road (Le Chalet Blvd. to Hypoluxo Rd)
3C-2 Joint Participation and Project Funding
Agreements with Comcast (East Ocean Ave) and AT&T (Haverhill Rd & Dyer
Blvd) for utility adjustments
3C-3 Task Authorization with R.J. Behar &
Company regarding design plans and construction bid documents for A-1-A Bridge
(Carlin Park)
3C-4 Supplemental Agreement No. 1 with Target
Engineering Group for construction engineering and inspection services for Blue
Heron Blvd. and Congress Ave. intersection improvements
D. COUNTY ATTORNEY
Page 7
3D-1 Settlement Agreement in PBC v. The
Tower Group
E. COMMUNITY SERVICES
Page 8
3E-1 Receive and file Modification No. 1 to the
Community Services Block Grant with the Florida Department of Economic
Opportunity
3E-2 Subrecipient Agreement with Workforce
Alliance, and Contract with The Lord’s Place regarding training and employment
placement services to homeless clients
Page 9
3E-3 Subgrant Agreements with Florida Department
of Economic Opportunity relative to the Low Income Home Energy Assistance
Program
3E-4 Contract
with Christians Reaching Out to Society for food distribution services
F. AIRPORTS
- None
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 10
3H-1 Interlocal Agreement with Health Department
for provision of adult and pediatric medical services at the Senator Philip D.
Lewis Center (f/k/a Homeless Resource Center)
Page 11
3H-2 Donation/Bill of Sale to Gulfstream Goodwill
Industries regarding donation of box truck, passenger van; and food cart for
use at the Senator Philip D. Lewis Center
Page 12
3H-3 Agreement with Sheriff’s Office for provision
of food and laundry services at the Senator Philip D. Lewis Center
3H-4 First
Amendment with Sheriff’s Office (Marine Unit) for use of space at DuBois Park
3H-5 Deleted
JUNE 19, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 13
3H-6 First
Amendment with Village of North Palm Beach regarding use of the County’s 800
MHz Radio System
3H-7 Amendments
related to improvements to communication towers at several county locations
Page 14
3H-8 Extension of Lease Agreement with Verizon
Wireless for continued use of six wireless communication antennas at Southern
Region Water Reclamation Facility
3H-9 Concessionaire Service Agreement with
Kayak-King Watersports for water sports and recreational rental equipment at
Okeeheelee Park
3H-10 First
Amendment with Wellington Regional Medical Center for continued use of space
for forensic rape exam site
I. ECONOMIC SUSTAINABILITY
Page 15
3I-1 Amendment No. 1 with FoundCare, Inc. relative
to medical care to uninsured low and moderate income clients
3I-2 Amendment No. 1 with The Salvation Army
relative to housing and support services to homeless men
3I-3 Amendment No. 1 with Aid to Victim of
Domestic Abuse relative to emergency shelter to victims of domestic abuse
Page 16
3I-4 Amendment
No. 1 with YWCA relative to emergency shelter services
3I-5 Amendment No. 1 with The Lord’s Place
relative to emergency shelter services to homeless men
3I-6 Amendment No. 1 with The Lord’s Place
relative to emergency shelter services to homeless families
Page 17
3I-7 Agreement with Urban League of Palm Beach
County for emergency rent and utility assistance to individuals and families at
risk of becoming homeless
J. PLANNING, ZONING & BUILDING
Page 17
3J-1 Appoint
David Wiloch, Planning Division staff, to MPO’s Technical Advisory Committee
K. WATER UTILITIES
Page 17
3K-1 Interlocal Agreement with Seminole
Improvement District for continued operations and maintenance services
Page 18
3K-2 Release of a portion of utility easement on
land owned by the Palm Beach Jewish Community Campus Corporation
3K-3 Utility Work by Highway Contractor Agreement
with FDOT and Glades Utility Authority for relocation of utility infrastructure
relative to SR 80 New River Canal Bridge
3K-4 Contract with Hinterland Group for the rehabilitation of
sanitary sewer concrete structures and lift station projects
Page 19
3K-5 Second Amendment with SWA for biosolids
processing and recycling
3K-6 Resolution
relating to Water Utilities Advisory Board
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 20
3L-1 Grant
Agreement with Sea Turtle Conservancy for press kit, public screening fees, and
venue fees for Dark Sky Festival
3L-2 Resolution/Budget
Transfer related to Phil Foster Snorkel Reef Trail and Peanut Island Artificial
Reef projects
3L-3 Contract with Arbor Tree and Land relative
to the FDOT & County wetland mitigation project
JUNE 19, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 21
3M-1 Receive and file five (5) entertainment
contractor agreements
3M-2 Receive and file three (3) independent
contractor agreements
Page 22
3M-3 Receive and file two (2) sound and light
production services contractor agreements
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE
Page 22
3P-1 Second Amendment with Friends of the Mounts Botanical
Gardens for a portion of the funding for a horticulturist position
Q. CRIMINAL JUSTICE COMMISSION
Page 22
3Q-1 Ratify
Chair’s signature on two (2) grant proposals to the U.S. Department of Justice
under the Edward Byrne Memorial Justice Assistance Grant Program
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 23
3S-1 Affiliate
Agreement with 211 Palm Beach/Treasure Coast to add the Drowning Prevention
Coalition to the 211 referral database
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 23
3U-1 Agreement
with Ferd and Gladys Alpert Jewish Family & Children’s Services regarding
connection to use the County’s Network
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 23
3AA-1 Contracts with Seagull Industries for the Disabled and Federated
Transportation Services for provision of transportation services to their
transportation disadvantaged
BB. SHERIFF
Page 24
3BB-1 Budget Transfer in the Law Enforcement Trust Fund for various drug
and crime prevention and education programs
3BB-2 Agreement with City of Miramar for various domestic security
activities under the Ft. Lauderdale Urban Area Security Initiative
CC. SUPERVISOR OF ELECTIONS
Page 25
3CC-1 Precinct legal descriptions/boundary
changes
JUNE 19, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
DD. TOURIST DEVELOPMENT COUNCIL
Page 25
3DD-1 First Amendment with Discover Palm
Beach County amending FY 2012 budget for marketing and advertising
PUBLIC HEARINGS – 9:30 A.M.
Page 26
4A Internal Audit Committee Ordinance
4B Internal Auditor Ordinance
4C Designation of parcel (4220 Charleston
Street) as Brownfield Area
Page 27
4D Five Year Road Program Ordinance
REGULAR AGENDA
COUNTY ATTORNEY
Page 28
5A-1 Resolution
approving issuance of $100,000,000 Housing Finance Authority Homeowner Revenue
Bonds
5A-2 Resolution
approving issuance of $6,800,000 Housing Finance Authority Multifamily Housing
Revenue Debt Obligations (Pine Run)
PARKS &
RECREATION
Page 29
5B-1 Reallocation
of $150,000 within the 2002 $50 Million Recreation and Cultural Facilities Bond
for Pompey Park baseball field renovation project and Peanut Island lifeguard
room project
5B-2 Reallocation of $800,000 to several recreational
and/or cultural projects
COMMUNITY SERIVCES
Page 30
5C-1 Modification
No. 2 to Community Services Block Grant with Florida Department of Economic
Opportunity for self-sufficiency services to low income families
FACILITIES
DEVELOPMENT & OPERATIONS
Page 30
5D-1 Options for interim facilities for Tourist
Development Council and related agencies
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 31
5E-1 Beach Management Program Presentation – TIME
CERTAIN 10:30 A.M.
5E-2 Amendment
with Florida Department of Environmental Protection relative to activities
under the Pollutant Storage Tank Compliance Verification Program
BOARD APPOINTMENTS (Pages 32 - 34)
STAFF COMMENTS (Page 35)
COMMISSIONER
COMMENTS (Page 36)
ADJOURNMENT (Page 36)
JUNE 19, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) the Managed Pharmacy Benefit
Services Agreement with CaremarkPCS Health, L.L.C. (Caremark) for their Consumer Card Program, otherwise known as the National
Association of Counties’ (NACo) Prescription
Drug Discount Card; and
B) a
Rider (Rider 1) to the above referenced Agreement entitled Marketing
Reimbursement Fee.
SUMMARY: On June 19, 2007, the Board of County
Commissioners approved a contract with NACo and Caremark, for the purpose of
proceeding with the Managed Pharmacy Benefit Consumer Card Program.
Palm Beach County began participating in the NACo Prescription Drug
Discount Card program in September 2007. In January 2012, NACo announced
the addition of a transaction revenue sharing fee option. Any county electing to receive the marketing
reimbursement fee will receive $1 for each filled prescription. In Palm
Beach County, that would have amounted to $62,860 last year. The reimbursement fee will not change the
current discount rate that County residents receive when filling their
prescriptions. Participating counties that wish to adopt the transaction
revenue sharing fee model must sign and submit a new contract. No County
funds are required. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular April 17, 2012
Workshop April 24, 2012
Zoning April 26, 2012
Regular May 1, 2012
Child Care Facilities Board May 1, 2012
Regular May 15, 2012
Workshop May 22, 2012
Zoning May 24, 2012
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during February 2012. Countywide
5. Staff recommends
motion to approve: State Revenue Sharing Application for the Fiscal Year
2012-2013. SUMMARY: Each
unit of local government is required to file an application in order to be
considered for any funds to be distributed under the Revenue Sharing Act. Countywide
(PFK)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS
1. Staff recommends motion to adopt: a Resolution releasing a reservation over a portion of the established alignment for Haverhill Road from Le Chalet Boulevard to Hypoluxo Road. SUMMARY: Adoption of this Resolution will release a portion of the established alignment reservation for Haverhill Road from Le Chalet Boulevard to Hypoluxo Road. District 3 (MRE)
2. Staff recommends
motion to receive and file:
A) a Joint Participation and Project Funding Agreement with Comcast for utility adjustments at East Ocean Avenue (Lantana) Bridge over the Intracoastal Waterway; and
B) a Joint Participation and Project Funding Agreement with AT&T Florida for utility adjustments at Haverhill Road and Dyer Boulevard.
SUMMARY: This
receive and file will record one (1) agreement with Comcast and one (1)
agreement with AT&T Florida which were both executed by the Deputy County
Engineer. These items are being
submitted in accordance with Countywide PPM No. CW-0-051 to
allow the Clerk’s Office to note and receive the executed agreements. Districts
4 & 7 (MRE)
3. Staff recommends motion to approve: a Task Authorization to the Annual Agreement R2011-0175, in the amount of $124,676.64 with R.J. Behar & Company, Inc. (RJB), for professional services. SUMMARY: Approval of this Task Authorization will provide the professional services necessary for the preparation of design plans and construction bid documents for the A-1-A Bridge (Carlin Park) Rehabilitation/Replacement project (Project). RJB has an office in Palm Beach County and is a certified Small Business Enterprise (SBE). The SBE goal for the Project is 15%. The SBE participation committed for this Project by RJB is 85.33%. District 1 (MRE)
4. Staff recommends motion to approve: Supplemental Agreement No. 1 to Project Agreement 2005102A (Agreement) (R2011-1481) in the amount of $72,725.80 with Target Engineering Group, Inc. (TEG) for professional services. SUMMARY: Approval of this Agreement will provide additional construction engineering and inspection (CEI) services for the Blue Heron Boulevard and Congress Avenue (Phase II) Intersection Improvements project. District 7 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement
Agreement resolving Palm Beach County v. The Tower Group, et al, for the amount of $200,000. SUMMARY: This
litigation arose out of the design and construction of Water Utilities’ Central
Region Operations Center. The original roof on the structure suffered from
systemic leaks ultimately resulting in the replacement of the roof. Acceptance
of this settlement will result in the defendants paying Palm Beach County
$200,000. District 2 (JCM)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to receive and file: fully executed Modification No. 001 to the Community Services Block
Grant Contract (R2012-0273) with the State of Florida Department of Economic
Opportunity for the period of October 1, 2011, to September 30, 2012, in an
amount not to exceed $1,147,967, for self-sufficiency services to low income
families. Summary: This fully executed Modification is being
submitted as a Receive and File item due to changes being made within the
document after Board approval on February 7, 2012. Budget adjustments were made
by the Grantor; however, these adjustments did not affect the overall grant
amount awarded nor change the County match requirement. (Community Action
Program) Countywide (TKF)
2. Staff recommends
motion to:
A)
receive and file Subrecipient Agreement No.
S11-013, with Workforce Alliance, Inc., for the period of June 5, 2012, through
March 31, 2013, providing funding to the County in an amount not to exceed
$175,436, for services to Targeted Populations to Enter Unsubsidized Employment;
B)
approve Contract for
Provision of Services with The Lord’s Place, Inc., for the period June 5, 2012,
through March 31, 2013, in an amount not to exceed $175,436, for the provision
of training and employment placement services for forty homeless clients; and
C)
approve Budget Amendment of $175,436 in the Human Services Administration Fund
to establish the budget for the remaining year.
Summary: The Division
of Human Services has received funds from Workforce Alliance to assist targeted populations to obtain and
maintain gainful unsubsidized employment
through the Targeted Populations to Enter Unsubsidized Employment
program. As a result, the Division is
contracting with The Lord’s Place to provide services to forty unemployed
homeless individuals who will be assessed and referred by the County’s Homeless
Outreach Team and enrolled in a training and placement employment program. This
service will be coordinated through the Philip D. Lewis Center. Employee, Daniel Gibson of The Lord’s Place
serves on a County Advisory Board, the Palm Beach County Homeless Advisory
Board. This Board provides no regulation, oversight, management, or
policy-setting recommendations regarding this contract. Disclosure of this
contractual relationship at a duly noticed public meeting is being provided in
accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of
Ethics. No County match funds are
required. (Human Services) Countywide (TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) ratify the signature of the Chair on the State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement No. 12EA-0F-10-60-01-023, for the period March 1, 2012, through March 31, 2013, in an amount not to exceed $3,907,173, for the Low Income Home Energy Assistance Program (LIHEAP) contract;
B) receive and file State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement No. 12EA-0F-10-60-01-023, for the period March 1, 2012, through March 31, 2013, in an amount not to exceed $3,907,173, for the LIHEAP contract; and
C) approve Budget Amendment of $1,028,102 in the Low
Income Home Energy Assistance Program fund to align the budget to the actual
grant award.
Summary: LIHEAP funds of $3,907,173 will enable Palm Beach County Community Action Program (CAP) to provide assistance to approximately 13,000 low income households with energy bills and crisis assistance to prevent service disconnection or to restore utility services. No County funds are required. (Community Action Program)
Countywide (TKF)
4. Staff recommends
motion to approve:
Contract for Provision of Financial Assistance with Christians Reaching Out to
Society, Inc. for the period June 1, 2012, through September 30, 2012, in an
amount not to exceed $75,000 to provide food distribution services. Summary: Christians Reaching Out to Society, Inc.
(CROS) and the Palm Beach County Food Bank (PBC Food
Bank) are dedicated to substantially reducing hunger among local residents.
Palm Beach County lacks tens of millions of pounds of nutritious food annually
to take care of its hungry children, adults and seniors. CROS, through the PBC Food Bank, distributes
produce, meat and package goods free to more than 120 Palm Beach County soup
kitchens, homeless shelters and food pantries. Funding for this purpose is
included in the FY 2012 Financially Assisted Agencies budget. Countywide
(TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to approve: an Interlocal Agreement with the Palm
Beach County Health Department (DOH) for the administration, management, and
provision of adult and pediatric medical services at the County’s Homeless
Resource Center n/k/a the Senator Philip D. Lewis Center (Lewis Center) located
at 1000 45th Street in the City of West Palm Beach. SUMMARY: On January 12, 2010, the County entered into
an Interlocal Agreement with the City of West Palm Beach (R2010-0137) for the
County’s purchase of City of West Palm Beach owned property on which the Lewis
Center would be operated. The purchase agreement contained conditions which
required that: (i) the Lewis Center include a health clinic providing access to
services on a 24-hour basis, 365 days per year; and (ii) partnerships be
entered into with public medical service providers to deliver primary care and
basic medical services to the Lewis Center clients after the normal business
hours of the public health centers. The
Lewis Center includes a 2,773 square foot health clinic (Clinic) for Lewis
Center clients only and will not be available to the general homeless
population at large. At DOH’s sole cost,
it shall staff the Clinic and provide services as follows: (i) Monday through
Friday 8:00 a.m. to 5:00 p.m.; and (ii) Saturday and Sunday 9:00 a.m. to 11:00
a.m. or based on utilization. DOH will
provide the Clinic with medical provider on-call services twenty-four (24)
hours per day, seven (7) days per week.
DOH will provide supplies and biomedical waste removal services. The
County is responsible for the maintenance and repair of the Clinic at its sole
cost and shall provide and pay the cost of janitorial, water, electrical,
telephone, trash removal/collection, and sewer services at the Clinic. The
initial term of the Agreement is for three (3) years, with two (2) successive
extension options, each for a period of one (1) year. The Agreement may be terminated by either
party, with or without cause with a minimum of one hundred and eighty (180)
days notice. (FDO Admin) Countywide (TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) a Donation Agreement with Gulfstream Goodwill Industries, Inc., a
Florida not-for-profit 501(c)(3) corporation
(Goodwill), for the County’s donation of a: (i) GMC 4500 Box Truck; (ii) Ford
E350 - 12 passenger van; and (iii) Carter Hoffman Heated Food Cart for use in
providing services to the County’s Homeless Resource Center n/k/a the Senator
Philip D. Lewis Center (Lewis Center); and
B) a Bill of Sale to transfer title to the
following equipment: (i) GMC 4500 Box Truck - VIN J8DC4B14527001474; (ii) Ford
E350 - 12 passenger Van - VIN 1FBNE3BL5CDA42701; and (iii) Carter Hoffman
Heated Food Cart - Serial No. 227613 27080 2020 35 B14.
SUMMARY: On May 1, 2012, the Board of
County Commissioners approved a Contract for Services (Contract) with Goodwill
(R2012-0612) whereby Goodwill will serve as the lead facility operator at the
Lewis Center, and provide various support services including transportation
services. In order to carry out the transportation services, the Contract
required that the County provide Goodwill with the use of a box truck and a
passenger van. Instead of entering into
a use agreement with Goodwill for the box truck and the passenger van, the
County determined that it was in the County’s best interest to transfer title
to the equipment in order to reduce the County’s potential liability from
Goodwill’s use of the equipment. This item authorizes the County to donate: (i)
the used GMC 4500 Box Truck, together with the new Carter Hoffman Heated Food
Cart to be used for non-passenger purposes; and (ii) the new Ford E350 - 12
passenger van to be used for conducting travel related services for clients at
the Lewis Center. The Donation Agreement provides that: (i) the County transfer
title and possession of the equipment by no later than June 29, 2012; (ii)
Goodwill accept the equipment in “as is” condition; and (iii) the County pay
for all transfer costs estimated to be less than $200. The Donation Agreement also provides that
Goodwill shall: (i) only use the equipment for providing services set forth in
the Contract; (ii) repair and maintain the equipment at its sole cost and
expense; (iii) assume the entire risk of loss and damage to the equipment; and
(iv) offer the transfer of title to the equipment back to the County in the
event Goodwill no longer needs the equipment to provide the required services
to the Lewis Center or if the Contract has expired/terminated. (FDO Admin) Countywide
(TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: an
Agreement with the Sheriff of Palm Beach County (Sheriff) for the provision of
food and laundry services to the County’s Homeless Resource Center n/k/a the
Senator Philip D. Lewis Center (Lewis Center) located at 1000 45th Street in
the City of West Palm Beach. SUMMARY: On May 1, 2012, the Board of
County Commissioners approved a Contract for Services (Contract) with Goodwill
(R2012-0612) which provides for Goodwill to serve as the lead facility operator
at the Lewis Center as well as provide various support services including food
and laundry services. The Contract
requires that: (i) Goodwill order, transport and distribute the food to Lewis
Center clients and that the County
produce meals meeting established dietary guidelines for adults and
juveniles; and (ii) the County provide laundry service for bedding and towels. With regard to laundry services, the Lewis
Center clients are required to launder all personal items in the washer and
dryer facilities located at the Lewis Center, but the laundering of bedding and
linens remains the County’s responsibility. The County will meet its
obligations to Goodwill for food and laundry services through the use of the
Sheriff’s facilities at the Main Detention Center (MDC). The Sheriff’s contracted food service
provider (Food Service Provider) will produce the meals on-demand for the Lewis
Center. This Agreement requires that:
(i) the Sheriff provide the County with meals and linens for use at the Lewis
Center; (ii) the County order and pick-up meals and linens from the MDC; (iii)
the County reimburse the Sheriff for out of pocket expenses associated with
production of meals actually ordered; and (iv) the County reimburse the Sheriff
for out of pocket costs for lost trays and/or linens. The Agreement permits both the County and the
Sheriff, upon mutual agreement, to delegate each of their administrative and
logistical responsibilities to the Director of Facilities Development &
Operations and the Major, Corrections Operations, respectively. Certain administrative responsibilities such
as the ordering, meal preparation, serving of meals and transport duties can be
further assigned to Goodwill and the Food Service Provider. The initial term of the Agreement is for
three (3) years, with an expiration date of June 18, 2015, or until the
expiration of the Food Service Provider’s contract, whichever occurs first. The
Agreement may be terminated by either party, with or without cause with a
minimum of thirty (30) days notice. (FDO
Admin) Countywide (JM)
4. Staff recommends
motion to approve: First Amendment to Use Agreement dated September 15,
2009 (R2009-1502) with the Sheriff of Palm Beach County (PBSO) for the use of
space at DuBois Park in Jupiter. SUMMARY:
On September 15, 2009, the Board approved a Use Agreement with PBSO for the
use and occupancy of space at three (3) County Parks by PBSO’s Marine
Unit. This First Amendment to the Use
Agreement provides PBSO’s Marine Unit with exclusive use of the following space
at DuBois Park: (i) Dubois Marina boat slip No. 2, together with the associated
boat lift; (ii) storage unit No. 1; and (iii) one designated parking space (collectively,
“DuBois Premises”). PBSO’s Marine Unit
will also have the non-exclusive use of the finger pier that provides access to
and from the mainland. PBSO’s use of the
DuBois Premises is free of charge. The County is responsible for the
maintenance and repair of the DuBois Premises at its sole cost, except for the
boat lift, which is the responsibility of PBSO.
The County shall pay the cost of water and electrical service at the
DuBois Premises. In the event any
dredging is required for use of the DuBois Premises, then PBSO will reimburse
the County for its proportionate share of the costs. The County’s Parks and
Recreation Department supports the use of the DuBois Premises by PBSO’s Marine
Unit as such use provides additional security at the park. (FDO Admin) District
1 (HJF)
5. DELETED
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: a First Amendment to Interlocal Agreement
(R2008-1178) with the Village of North Palm Beach (“Village”) to extend the
term of the agreement to July 7, 2016. SUMMARY:
The Agreement, which provides the terms and conditions under which the Village
can directly access the County’s 800 MHz Radio System, expires on July 7, 2012.
The Agreement provides for two (2) renewal options, each for a period of four
(4) years. Both parties must approve the renewal option. The Village has
approved a renewal to extend the term of the Agreement until July 7, 2016. The
renewal now requires Board approval. The terms of the Agreement are standard
and have been offered to all municipalities and local branches of State/Federal
agencies where connection through an established municipal hub is not
technically feasible. The annual fees are consistent with those being charged
to the County departments. The Village is required to pay all costs associated
with subscriber units and to comply with the established operating procedures
for the System. The Agreement may be terminated by either party, with or
without cause, on October 1st of any year, with a minimum of six (6)
months notice. This First Amendment renews the term, updates Attachment 1
regarding the Public Radio System Policies and Procedures, and provides for
disclosure of the County code requirements regarding the Office of the
Inspector General. Other than the changes set forth herein, all other terms
remain the same. (ESS) Countywide (JM)
7. Staff recommends
motion to approve:
A) a Sixth Amendment to Communication Tower Joint Use Agreement with New
Cingular Wireless PCS, LLC, (R96-972D) for the County Communication Tower at
Forest Hill Boulevard and the Turnpike;
B) an Eighth Amendment to Communication Tower Agreement with New Cingular
Wireless PCS, LLC, (R99-312D) for the County Communication Tower at 20 Mile
Bend; and
C) a Second Amendment to Communication Tower Joint
Use Agreement (R96-1077D) with New Cingular Wireless PCS, LLC for the tower
site located at 8130 North Jog Road in West Palm Beach.
SUMMARY: The County and New Cingular Wireless PCS, LLC (AT&T) co-locate on these three (3) County-owned towers. Each of these Amendments will allow both
parties to install new equipment on the towers and modify the Frequency Lists
and Tower Loading exhibits to reflect frequency and equipment changes necessary
to provide for the County’s wireless networks as well as AT&T’s 4G-LTE
service. AT&T will provide all
required structural modifications to maintain the tower’s loading capacity for
the County’s as well as its own current, previously reserved, and future equipment. The cost for AT&T to provide the structural
modifications associated with the County’s equipment at Forest Hill is
estimated to be in excess of $15,000.
Each party will obtain all necessary permits and governmental approvals
associated with its modifications and all equipment installations will be made
at each party’s sole cost. There will be no service interruptions to the
County’s or AT&T’s operations. The Amendment
also updates the access section to identify the properties as critical
facilities requiring additional documentation for unescorted access, modifies
the Non-Discrimination section to include a prohibition against discrimination
on the basis of gender identity, expression, or familial status, and adds a
provision regarding the Inspector General.
All other terms of the Agreements remain unchanged. (PREM) Districts
2 & 6/Countywide (HJF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to receive and file: a
notice of exercise of the second extension option under the Lease Agreement
(R2002-1464) with Verizon Wireless Personal Communications L.P. for the
continued use of six (6) wireless communication antennas located on the roof
top of the Southern Region Water Reclamation Facility in Boynton Beach. SUMMARY:
Since August 20, 2002, Verizon
Wireless Personal Communications L.P. (Verizon) has operated and maintained six
(6) wireless communication antennas and radio equipment on the rooftop of the
Southern Region Water Reclamation Facility located at 12751 Hagen Ranch Road in
Boynton Beach. The initial term of the
Lease Agreement was for five (5) years ending on August 19, 2007, and contained
five (5) extension options, each for a period of five (5) years. Exercise of the first option extended the
term of the Lease from August 20, 2007, through August 19, 2012. Verizon is
exercising its second five (5) year extension option for the period of August
20, 2012, through August 19, 2017. The annual rent will be increased by three
percent (3%) from $40,317.50 to $ 41,527.03 effective August 20, 2012. The Water Utilities Department is satisfied
with Verizon’s performance. Pursuant to the terms of the Lease Agreement,
Verizon has the right to exercise its option and the Board has no discretionary
authority to not allow the exercise of the option. Three (3) - five (5) year options remain
available to Verizon. All other terms
and conditions of the Lease Agreement will remain in full force and effect.
(PREM) District 5 (HJF)
9. Staff recommends
motion to approve: a
Concessionaire Service Agreement with Kayak-King Watersports, Inc., for
operation of the water sports and recreational rental equipment concession
located in Okeeheelee Park at 7715 Forest Hill Boulevard in West Palm Beach at
an initial annual rent of $6,500. SUMMARY: The Parks and Recreation Department desires
to continue to provide rentals of canoes, bicycles and other recreational items
at Okeeheelee Park through a concession operation. The current concessionaire, Kayak-King
Watersports, Inc. (KKW), operates under a Concessionaire Service Agreement
(R2007-958) which expires on June 30, 2012.
In April 2012, PREM advertised Request for Proposal No. 2012-101-SKS for
the operation of the Okeeheelee Park water sports and recreational rental
equipment concession. KKW was the only
respondent. The annual rent under the
Agreement is $6,500 to be paid in monthly installments of $541.67, with annual
increases of two percent (2%). The
initial term of the Agreement is for three (3) years to June 30, 2015, with two
(2) options to extend the term, each for a period of two (2) years. As KKW is the current concessionaire, KKW has
a $1,000 security deposit on file. (PREM) District 2 (HJF)
10. Staff recommends
motion to approve: the First Amendment to Lease Agreement
(R2011-1361) with Wellington Regional Medical Center, Incorporated, for the
continued use of 400 SF of improved space for a forensic rape exam site within
the Wellington Regional Medical Center (Hospital) located at 10101 Forest Hill
Boulevard in the Village of Wellington. SUMMARY:
The County entered into a ten (10) month
lease that commenced September 1, 2011, for use of 400 SF of improved space
within the Hospital, together with non-exclusive use of the common areas and
the exclusive use of three (3) designated parking spaces. The Lease expires
June 30, 2012. This First Amendment will extend the term through June 30, 2013,
and reduce the rent from $500 per month to $1 per month. The landlord is
responsible for all utility fees, maintenance, repairs, custodial services, laundry
services, and hazardous waste removal. Both parties have the right to terminate
the lease for any reason whatsoever upon ninety (90) days notice to the other
party. (PREM) District 6 (HJF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-2016) with
FoundCare, Inc. to increase the grant amount from $50,439 to $72,839. Summary: On July 19, 2011,
the Board of County Commissioners approved (R2011-1096) the allocation of
$50,439 in Community Development Block Grant (CDBG) funds to FoundCare,
Inc. On December 20, 2011, the County
entered into an Agreement (R2011-2016) with FoundCare, Inc., allocating these
funds for the provision of primary medical care to uninsured low and moderate
income clients. The U.S. Department of
Housing and Urban Development previously determined that a Conflict of Interest,
as defined at 24 CFR 570.611, existed with an agency previously recommended for
funding. The recommended funding
increase will come from that allocation.
These are federal CDBG funds which require no local
match. (DES Contract Development) Countywide (TKF)
2. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-2040) with
The Salvation Army to increase the amount funded from $25,000 to $30,000. Summary: On July 19, 2011, the Board of County Commissioners
approved (R2011-1097) the allocation of $25,000 in Emergency Shelter Grant
Program (ESGP) funds to The Salvation Army, a not-for-profit agency that
provides transitional housing and support services to homeless men at its
facility located at 1577 North Military Trail in unincorporated Palm Beach
County. On December 20, 2011, Palm Beach
County entered into an Agreement (R2011-2040) with The Salvation Army. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as recommended
by the ESGP Advisory Board. These are
federal ESGP funds and the required match will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF)
3. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-2031) with
Aid to Victims of Domestic Abuse, Inc. (AVDA) to increase the amount funded
from $25,000 to $30,000. Summary: On July 19, 2011, the Board of County Commissioners
approved (R2011-1097) the allocation of $25,000 in Emergency Shelter Grant
Program (ESGP) funds to AVDA, a not-for-profit agency that provides emergency
shelter to victims of domestic abuse. On
December 20, 2011, the County entered into an Agreement (R2011-2031) with AVDA. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as
recommended by the ESGP Advisory Board. The
required match for these federal ESGP funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-2041) with
Young Women’s Christian Association of Palm Beach County, Florida (Y.W.C.A.) to
increase the amount funded from $25,000 to $30,000. Summary: On July 19, 2011,
the Board of County Commissioners approved (R2011-1097) the allocation of
$25,000 in Emergency Shelter Grant Program (ESGP) funds to the Y.W.C.A., a
non-profit agency that provides emergency shelter at its Harmony House
facility. On December 20, 2011, the
County entered into an Agreement (R2011-2041) with the Y.W.C.A. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The
recommended funding increase will come from that allocation which is being
distributed to other agencies as recommended by the ESGP Advisory Board. The required match for these federal ESGP
funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF)
5. REVISED SUMMARY: Staff
recommends motion to approve: Amendment No. 001 to an Agreement
(R2011-2039) with The Lord’s Place, Inc. to increase the amount funded from
$19,133.75 to $21,633.75. Summary: On July 19, 2011, the Board of County Commissioners
approved (R2011-1097) the allocation of $25,000 $19,133.75 in
Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a
not-for-profit agency that provides emergency shelter facility for single
homeless men at its facility located at 1750 Northeast 4th Street in
the City of Boynton Beach. On December 20, 2011, Palm Beach County entered into
an Agreement (R2011-2039) with The Lord’s Place, Inc. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as
recommended by the ESGP Advisory Board. The
required match for these federal ESGP funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF)
6. REVISED SUMMARY: Staff
recommends motion to approve: Amendment No. 001 to an Agreement
(R2011-2038) with The Lord’s Place, Inc. to increase the amount funded from
$19,133.75 to $21,633.75. Summary: On July 19, 2011, the Board of County Commissioners
approved (R2011-1097) the allocation of $25,000 $19,133.75 in
Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a
not-for-profit agency that provides emergency shelter for families at its
facility located at 4973 Wedgewood Way in unincorporated Palm Beach
County. On December 20, 2011, Palm Beach
County entered into an Agreement (R2011-2038) with The Lord’s Place, Inc. The U.S. Department of Housing and Urban
Development previously determined that a Conflict of Interest, as defined at 24
CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come
from that allocation which is being distributed to other agencies as
recommended by the ESGP Advisory Board. The
required match for these federal ESGP funds will be met by the agency. No match from County general funds is
required. (DES Contract Development) Countywide (TKF)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
7. REVISED TITLE: Staff recommends
motion to approve: an Agreement with Urban League of Palm Beach County,
Inc. (Urban League) in the amount of $5,000 in Emergency Shelter Grant Program
(ESGP) funds for the period June 19, 2011 June 19, 2012, to
September 30, 2012. Summary: The Urban League is a not-for-profit agency whose offices are located at 1700 North
Australian Avenue in the City of West Palm Beach. Under this Agreement, the Urban
League will provide emergency rent and
utility assistance to individuals and families at risk of becoming homeless.
The U.S. Department of Housing and Urban Development previously determined that
a Conflict of Interest, as defined at 24 CFR 576.404, existed with an
agency previously recommended for funding. The recommended funding will come
from that allocation which is being distributed to other agencies as
recommended by the ESGP Advisory Board.
Two (2) employees of the Urban League serve on County boards. Jimmy Weatherspoon serves on the Housing
Finance Authority and Patrick Franklin serves on the Overall Economic
Development Program Committee. These
Boards provide no regulation, oversight, management, or policy-setting
recommendations regarding the above Agreement. Disclosure of the contractual
relationship at a duly noticed public meeting is being provided in accordance
with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. The required match for these federal ESGP
funds will be met by the agency. No
match from County general funds is required. (DES Contract
Development) Countywide (TKF)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to nominate: David Wiloch, Planner II, Planning Division, to the
Metropolitan Planning Organization Technical Advisory Committee (MPO-TAC) as
the Alternate Representative. SUMMARY: The position of Planning Division
alternate to the MPO-TAC is currently vacant. Mr. David Wiloch is a Planning
Division Planner II working with transportation-related issues and is well
qualified to represent the Division as an Alternate on the MPO-TAC. Countywide
(RPB)
K. WATER UTILITIES
1. Staff recommends
motion to approve: an Interlocal
Agreement with Seminole Improvement District (District) for the Operation and Maintenance of Water, Wastewater, and
Reclaimed Water Treatment Facilities. Summary: Seminole
Improvement District currently owns water,
wastewater, and reclaimed water treatment facilities. The Palm Beach County Water Utilities
Department (WUD) has been providing contract operations and maintenance
services for these facilities since 1996.
The current operations and maintenance agreement expired on June 12,
2012. The District has requested that
the Department continue to provide operation and maintenance services. Under
this Agreement, WUD will operate and maintain these facilities for five (5)
years. The District will continue to pay
WUD an annual fee for its services. The
annual fee for the first year is $94,352.67.
Charges for subsequent years will be adjusted by the U.S. Department of
Labor’s Consumer Price Index. Additional
charges will apply for laboratory services and other additional services. Capital improvements required at the
facilities are not included in this Agreement.
Either party may cancel the Agreement with a 120-day written notice. District 6 (MJ)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: a Release of
a portion of a utility easement on the land owned by the Palm Beach Jewish Community
Campus Corporation (JCC). Summary: This
document will release the County’s interest in a portion of a utility easement
granted to the County and recorded in the Official Record Book 10569, Page 300.
The easement is located on the land currently owned by JCC. The Water Utilities
Department has determined that this portion of the recorded easement is no
longer needed, and therefore recommends the release. (WUD Project No. 2516) District
7 (MJ)
3. DELETED:
Staff recommends motion to approve:
a “Utility Work by Highway Contractor” Agreement with Florida’s Department of
Transportation (FDOT) and Glades Utility Authority (GUA) in the amount of
$76,500 to relocate utility infrastructure within FDOT bridge right-of-way. SUMMARY: FDOT is proposing improvements to the State
Road 80 New River Canal Bridge in South Bay. The center span of the bridge will
be removed and a new section installed on the supports. These improvements will
necessitate the removal of existing water and wastewater mains from the bridge
and the installation of temporary pipe lines to route flows from the work area.
The contractor will install and reconnect the water and wastewater mains to the
bridge after completing the span. This
sequence will minimize any disruption of water to the customers. FDOT requires
the GUA to enter into a “Utility Work by Highway Contractor” Agreement for the
removal of existing pipe lines, constructing temporary water and force mains,
and rebuilding the pipe lines across the new bridge. Reimbursement to FDOT for
all materials and labor is a lump sum amount of $76,500. (WUD Project
No.12-020-I) District 6 (MJ) (Further staff review)
4. DELETED:
Staff recommends motion to approve: Contract with Hinterland Group, Inc. for the Rehabilitation of Sanitary Sewer
Concrete Structures and Lift Stations over a 12 month term in a budgeted amount not to exceed $419,578 with an option to
renew for four (4) additional 12 month terms. SUMMARY: On January 12, 2012, five (5) bids were received for the Rehabilitation
of Sanitary Sewer Concrete Structures and Lift Stations with Hinterland Group, Inc. being
the lowest responsive, responsible bidder in the amount of $419,578. This Contract will be used to
rehabilitate and maintain existing lift
stations and concrete structures to include, but not necessarily limited to
removal and/or replacement of various related mechanical equipment within the
wastewater system. Contract award is for a 12 month term with an option
to renew for four (4) additional 12 month terms. The Contract is for a not to
exceed budgeted amount of $419,578, based on the anticipated use, and the
projects will be ordered on a priority basis. Work will be assigned during the
12 month contract period by formal
Construction Delivery Orders (KDOs) drawn against this continuing
contract. The unit prices contained in
this Contract will be used in determining the cost of each KDO. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance is 15%
overall. Hinterland Group, Inc. proposes 0% SBE participation. Hinterland Group, Inc. is a local Palm Beach
County company. (Bid No. WUD
12-001/VMG) Districts 2, 3, 5 & 6 (JM) (Further staff review)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve:
A) a Second
Amendment to the Interlocal Agreement (R2005-0897) for Biosolids Processing and
Recycling with the Solid Waste Authority of Palm Beach County (SWA) for the
treatment of biosolids generated at the Southern Region Water Reclamation
Facility (SRWRF); and
B) a Budget Transfer of $860,000
from the System
Renewal and Expansion Capital Project to
the Sludge Pelletization Facility Project in the Water Utilities Department’s Capital
Improvement Fund to fund this Amendment.
SUMMARY: On
May 3, 2005, the Board of County Commissioners (Board) approved an Interlocal
Agreement for Biosolids Processing and Recycling with SWA (R2005-0897) (Interlocal
Agreement). As part of the wastewater treatment process at SRWRF,
biosolids are removed from the water, thereby purifying it. These biosolids can be either landfilled or
beneficially recycled as a fertilizer or soil amendment. Prior to entering into the Interlocal
Agreement, these biosolids were bulk land applied in St. Lucie County. In
recent years, land application regulations have become increasingly stringent,
resulting in fewer land application sites and higher costs. Biosolids
pelletization provides an attractive alternative that will allow for the
continued recycling of this product while at the same time meeting existing and
future regulations. The resulting pellets are blended with other fertilizer
components and then beneficially reused by the public. Under the Interlocal
Agreement, the SWA is responsible for the design, construction, operation and
maintenance of the regional Biosolids Processing and Recycling Facility, and,
in addition, will market the biosolids pellets to various fertilizer
manufacturers. The Facility became
operational in 2010. This Second Amendment finalizes the capital cost of the
project based on a Settlement Agreement with the Contractor, and authorizes
final payment to SWA from WUD in the amount of $852,139. (WUD Project No.
02-196) Countywide (MJ)
6. Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners (BCC) of Palm Beach County, Florida rescinding and replacing in
its entirety Resolution R2006-0867, relating to the Water Utilities Advisory
Board, in order to modify the appointment procedure for the Lake Region member,
and to make additional changes related to eligibility for membership. Summary: The previous Resolution required the
appointment of the Lake Region member by consensus of the Commissions of the
three (3) Glades Cities. This process
has always been lengthy and is now impracticable given the frequent
disagreements among the Cities. This
Resolution allows for the BCC to appoint the Lake Region member At-Large from
eligible applicants from the Glades Region. The Resolution also removes the
prohibition against members holding appointive or elective office, and updates
the eligibility requirements of all members of the Advisory Board to be in
compliance with the County’s recently amended Code of Ethics. Countywide
(MJ)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Grant Agreement No. 12-035E in the amount of
$9,795 with the Sea Turtle Conservancy (STC) to fund a press kit, public
screening fees and venue fees for a Dark Sky Festival, expiring April 30, 2013;
B) approve
Budget Amendment of $9,795
in the Beach Improvement Fund;
C) authorize the County Administrator or his designee to
sign all future time extensions, task assignments, certifications, and other
forms associated with this Grant Agreement, and necessary minor amendments that
do not change the scope of work, terms or conditions of the Grant Agreement;
and
D) authorize the County Administrator or his designee to sign agreements
associated with venue activities reviewed by County Attorney and within the
approved budget.
SUMMARY: Artificial lighting has impacts on numerous
species of wildlife including sea turtles.
Environmental Resources Management will expand the existing Dark Sky
Awareness educational campaign by coordinating a one (1) day free public event
in the Spring of 2013 that will emphasize the
importance of preserving the night sky and provide participants with the
knowledge to make more environmentally sound lighting choices. The STC grant will reimburse $9,795 for
project costs using funds from the Florida Sea Turtle License Plate Grant
Program. No County match is
required. The Grant Agreement is
effective upon execution by both parties and expires April 30, 2013. Countywide
(SF)
2. Staff recommends
motion to:
A) adopt Resolution for the Clerk of the Board to
disburse $200,000 from the Vessel Registration Fee Trust Fund to cover costs of
construction for the Phil Foster Snorkel Reef Trail and the Peanut Island
Artificial Reef Projects; and
B) approve Budget Transfer of $200,000 from reserves in the Environmental
Enhancement Saltwater Fund (1224) to the Phil Foster Snorkel Reef Trail
($80,000) and Peanut Island Artificial Reef Project ($120,000).
SUMMARY: Approve a Resolution and Budget Transfer of
$200,000 from Vessel Registration Fees to cover the estimated project costs of
$200,000 for the construction of the Phil Foster Snorkel Reef Trail and Peanut
Island Artificial Reef Projects. District 1 (SF)
3. Staff recommends
motion to approve: Contract with Arbor Tree and Land, Inc. in the
amount of $4,431,641 for construction of the Florida Department of
Transportation & County Wetland Mitigation Project, Project No. 2012ERM02
for a period of 365 calendar days. SUMMARY: This
Project will provide for excavation, trucking, barging and placement of an
estimated 180,000 cubic yards of sand and 7,000 tons of rock to create 13 acres
of wetlands as mitigation within a portion of Lake Worth Lagoon. Six (6) bids were received for this
Project. Arbor Tree and Land, Inc.
(ATL), a Palm Beach County company, was the lowest responsive, responsible
bidder with 14.92% Small Business Enterprise (SBE) participation. However, the second low bid falls outside the
range for the ranking of responsive bidder consideration. ATL has committed to
increasing its SBE participation to 17%.
Funding for this Project includes $3,674,983 from Joint Participation
Agreement APJ-29 (R2009-0864) with the Florida Department of Transportation,
$340,000 from Palm Beach County Engineering Bridges and Crossings Mitigation
Project, and $416,658 from the South Lake Worth Inlet Dredging Project. Districts
3 & 7 (JM)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following original executed Entertainment Contractor Agreements
for County sponsored community events:
A) Daniel A. Hess, The Decades concert, Canyon Town Center Amphitheater, on
January 7, 2012;
B) Marlow Productions LLC, The Brass Evolution
concert, Seabreeze Amphitheater, on January 21, 2012;
C) Peter Noble, Blunts Family Circus concert, Canyon
Town Center Amphitheater, on February 4, 2012;
D) Rejean Fecteau LLC, “The Long Run” Eagles
tribute band concert, Seabreeze Amphitheater, on February 11, 2012; and
E) Alan Marshall, The Marshall Brothers concert,
Canyon Town Center Amphitheater, on March 3, 2012.
Summary: The Parks and Recreation Department produced
five (5) recent popular cultural events at our amphitheater facilities during
the first quarter of 2012. These events were attended by an estimated 4,720
persons and generated positive support and goodwill for the County. In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a Receive and File agenda item. The Entertainment Contractor
Agreements have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 2008-1109,
amended by Resolution 2010‑0644, and are now
being submitted to the Board to receive and file. Districts 1 & 5 (AH)
2. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of May:
A) Valerie Bell, Arts and Crafts
Instructor, two-hour afternoon session at Westgate Park and Recreation Center,
for the period July 19, 2012, through July 20, 2012;
B) Valerie Bell, Arts and Crafts
Instructor, one-hour morning session at Westgate Park and Recreation Center,
for the period July 19, 2012, through July 20, 2012; and
C) Building Up
Sports Academy, Fishing Camp, John Prince and Okeeheelee Parks, for the period
June 11, 2012, through August 18, 2012.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File Agenda Item. These Independent Contractor Agreements have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409, and 2012-0168, and are now being submitted to the Board
to receive and file. Districts 2, 3 & 7 (AH)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: the following
original executed Sound and Light Production Services Contractor Agreements:
A) City Sound and Recording LLC; Avett Brothers concert, Sunset Cove Amphitheater, for the
period February 10, 2012, through February 11, 2012; and
B) City Sound and Recording LLC; Jeremy Camp concert, Sunset Cove Amphitheater, for the
period March 23, 2012, through March 24, 2012.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File agenda item. The Sound and Light Production Services
Contractor Agreements have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 2009-0592,
amended by Resolution 2010-0645, and are now being
submitted to the Board to receive and file. District 5 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: Second
Amendment to the agreement (R2010-1582) with the Friends of the Mounts
Botanical Garden, Inc. for funding of a horticulturist position to assist in
the care and maintenance of the Mounts Botanical Garden. Summary: The Friends of the Mounts Botanical
Garden, Inc. will provide funding to the County in amount not to exceed $40,228
($28,820 for salary and $11,408 for fringe benefits) to support 65.5% of a
horticulturist position beginning July 18, 2012 and ending on July 17, 2013. Palm
Beach County will be funding the remaining $21,189 ($15,180 for salary and $6,009
for fringe benefits) at a funding level of 34.5% for a total of $61,417. The
position will continue to support the Mounts Botanical Garden. District 7
(AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff
recommends motion to:
A) ratify the signature of the Chair on the approval of the
following two (2) grant proposals to the U.S. Department of Justice for the
Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation for
the period from October 1, 2011, through September 30, 2015:
1) the
Public Defender Re-entry Program for $94,037;
2) the
Palm Beach County Adult Drug Court Program for $81,464; and
B)
authorize the County Administrator or his designee, to execute
all related documents or contracts for Palm Beach County’s Federal Fiscal Year
2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and to execute
all necessary sub-recipient grant agreements for reentry and drug court
services.
SUMMARY: The Criminal
Justice Commission met on April 23, 2012, and approved the recommendations made
by the Criminal Justice Commission’s Finance Committee for FY 2013 funds
totaling $175,501. No local match is required for the JAG program. Countywide (PGE)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve: an
Affiliate Agreement with 211 Palm Beach/Treasure Coast to remain in force until
terminated by either party. SUMMARY: In July 2000, the Federal
Communications Commission designated the three digit number, 2-1-1, nationally
to serve as the abbreviated dialing code for access to community information
and referral services. Fire-Rescue
requested the Drowning Prevention Coalition (DPC) be added to the 211 referral
database. On February 2, 2010, the Board
approved a 211 Palm Beach/Treasure Coast Affiliate Agreement (R2010-0214, as
revised by R2010-1145) which is required for each organization wishing to be
listed as a referral or a resource to its callers. The DPC agreed to receive
clients meeting eligibility criteria set forth in the Resource Information
Survey. The 211 Palm Beach/Treasure Coast agreed to be available as a resource
to its affiliate’s clients 24 hours a day for telephone counseling and
information and/or referral to community resources, such as the DPC. The 211
Palm Beach/Treasure Coast updates its resource database annually (R2011-1412)
and is requesting the Board approve a new Affiliate Agreement. Countywide
(PK)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) approve the Agreement with the Ferd and Gladys Alpert Jewish Family &
Children’s Services, Inc. (JFCS), a non-profit agency, to connect two (2) buildings
at separate locations to the Palm Beach County (County) Network at an estimated
net first year revenue of $10,200, for an initial term of one (1) year with
automatic one (1) year renewals unless notice is given by either party; and
B) authorize the County Administrator or his
designee, ISS Director, to approve and execute Task Orders associated with
these services up to maximum total revenue of $50,000 annually per Task Order.
SUMMARY: The JFCS
wishes to connect to the Palm Beach County Network in order to receive
broadband Internet access at the stated monthly rates. The County’s Information
Systems Services (ISS) Department will be responsible for providing Internet
services. The JFCS agrees to reimburse the County for all network-related
connection costs totaling $4,805.46. This Agreement is similar to existing
agreements with other nonprofit agencies for network services. This network
connection requires the County to pay Florida LambdaRail a third party
connection of $100 per month. Countywide (PFK)
AA. PALM
TRAN
1. Staff recommends
motion to approve: Contracts
with Seagull Industries for the Disabled, Inc. and Federated Transportation
Services, Inc. in the amounts of $100,200 and $135,313 respectively, under
which these not-for-profit agencies will be reimbursed, in part, for providing
transportation services to certain of their transportation disadvantaged
clients during the period October 1, 2011, through September 30, 2012. Summary: These contracts will provide partial
reimbursement for the costs of transportation services for life sustaining
services being provided by Seagull and Federated for their transportation
disadvantaged clients during FY 2012 (October 1, 2011, through September 30,
2012). Countywide (DR)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to approve: a
Budget Transfer of $15,200 from the Law Enforcement Trust Fund (LETF) to the
Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055 requires
that no less than 15% of the LETF’s previous year’s revenues be used for the
support or operation of drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood and school resource officer programs of
various non-profit organizations. The PBSO’s FY 2012 estimated donation
requirement is $87,670. The funds are requested to aid qualified organizations
that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of
these programs exemplifies its strong commitment to the prevention and
reduction of crime throughout the communities it serves and its desire to put
money back into these communities to support organizations that provide such
services. The current State LETF balance
is $2,085,497. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $2,070,297. The
year-to-date transfer for all donations after approval of this item is
$1,085,945. The PBSO certifies
that the use of these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations
the PBSO seeks to fund and the corresponding amount of funding proposed per
respective agency. No new positions are
needed and no additional County funds are required. Countywide (PGE)
ORGANIZATION |
AMOUNT |
Lake Lytal Lassie League, Inc. |
$10,000 |
Safety Council of Palm Beach County, Inc. |
$
5,200 |
Total Amount of Donations |
$15,200 |
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with
the City of Miramar, a municipal corporation of the State of Florida, as the
fiscal agent for the Ft. Lauderdale Urban Area Security Initiative to provide
$32,800 in FY 2009 reimbursable funding for various direct law
enforcement oriented domestic security activities effective until April 30,
2012; and
B) approve a Budget Amendment of $32,800 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds will be used for the regional
planning, training and exercise project. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (PGE)
JUNE 19, 2012
3. CONSENT
AGENDA APPROVAL
CC. SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: Precinct
legal descriptions/boundary changes submitted by Susan Bucher, Supervisor of
Elections, as required by section 101.001(1), Florida Statutes. Summary: Precinct boundary changes as
indicated. Countywide (TKF)
DD. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: First Amendment to the Amended and Restated
Agreement (R2011-1433) with Discover Palm Beach County, Inc. d/b/a Palm Beach
County Convention & Visitors Bureau (“Discover PBC”) for the provision of
services under Palm Beach County’s (PBC) Tourist Development Plan during the
period of October 1, 2011, through September 30, 2012; amending Exhibit A – FY 2012 budget in the
amount of $1,200,000. SUMMARY: This Amendment to the Amended and Restated Agreement amends Exhibit A –
the FY 2012 budget in the amount of $1,200,000 for marketing and advertising.
(TDC) Countywide (DW)
* * * * * * * * * * * *
JUNE 19, 2012
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends
motion to adopt: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Ordinance 2010-006; providing for title; providing for the establishment,
purpose, authority, composition, meetings and responsibilities of the Palm
Beach County Internal Audit Committee; providing for repeal of laws in
conflict; providing for severability; providing for inclusion in the code of
laws and ordinances; and providing for an effective date. SUMMARY: The Audit
Committee has been conducting a review of its duties and responsibilities as
established in Ordinance 2010-006, known as the Palm Beach County Internal
Audit Committee Charter Ordinance, and has identified several revisions they
believe are necessary. The revisions are
recommended to reflect the Committee’s advisory role relative to the Board of
County Commissioners and the County Internal Auditor, and to clarify that the
Committee has oversight authority for actions the County Internal Auditor is
responsible for taking. Countywide (PFK)
B. Staff recommends
motion to adopt: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Ordinance 2010-007; providing for title; providing for general matters, duties,
responsibilities and independence of the County Internal Auditor; providing for
repeal of laws in conflict; providing for severability; providing for inclusion
in the code of laws and ordinances; and providing for an effective date. SUMMARY: The Audit
Committee has been conducting a review of the duties and responsibilities of
the County Internal Auditor as established in Ordinance 2010-007, known as the
Palm Beach County Internal Auditor Ordinance, and has identified several
revisions they believe are necessary.
The revisions are recommended to reflect the Committee’s approval role
for the annual audit plan, to revise the process relative to audits requested
by a Board of County Commission (BCC) member, to establish a formal
recommendation follow up and reporting program, to establish a process for
review and approval of the annual budget for the Office of the County Internal
Auditor, and to revise the distribution process for audit reports. The revisions also clarify the expected
relationship between the County Internal Auditor and the Palm Beach County
Inspector General. In addition, the BCC
at its April 24, 2012 workshop directed inclusion of solicitation of input from
county officials in the development of the annual audit plan as part of the
ordinance. Countywide (PFK)
C. Staff recommends
motion to:
A) conduct a public hearing as required by the Brownfields
Redevelopment Act (the Act) set forth in Sections 376.77-376.85, Florida
Statutes to designate the former Pike Utilities property located at 4220
Charleston Street a Brownfield Area; and
B) advertise for public hearing on Tuesday July 10, 2012 at
9:30 a.m. a second public hearing
as required by the Act to designate
the former Pike Utilities property located at 4220 Charleston Street a
Brownfield Area.
Summary: On April 5, 2011, the Palm Beach County Board of County
Commissioners approved an Interlocal Subgrant Agreement with Treasure Coast
Regional Planning Council (TCRPC) to facilitate Brownfields cleanup and
redevelopment of the former Pike Utilities property owned by the County. As
part of this process, staff now wishes to designate the property as a
Brownfield Area pursuant to the Act. Per Section 376.80(2)(a),
Florida Statutes, two (2) public hearings are required in order to designate
the property as a Brownfield area. The TCRPC has agreed to
allocate from the Environmental Protection Agency (EPA) Brownfields Assessment federal
grant funds to the County $98,550 toward additional site assessment and to
provide technical and administrative assistance in compliance with the EPA
Grant Agreement. The total project cost for voluntary cleanup is anticipated to
be less than $400,000 with funding in excess of the EPA Brownfields Assessment
grant funding coming from WUD's revenues. Designation of the property
requires that the Board consider the criteria set forth in Section
376.80(2)(a), Florida Statutes, and also that the Board determine that the
designation meet the requirements of Section 376.80(2)(b), Florida
Statutes. A staff report reviewing the
criteria/requirements is attached to the Agenda Item. District
2 (MJ)
JUNE 19, 2012
4. PUBLIC
HEARINGS CONTINUED
D. Staff recommends motion to:
A) approve Road Program Findings of Fact (per Article 12.N.4.B of the Unified Land Development Code), with a supermajority affirmative vote, that the deletion of two (2) construction projects will not result in any Link or Intersection on the road network operating at greater than the adopted LOS (level of service), and that no project which was approved and phased based upon such assured construction would be denied building permits because of the deletion of the construction. The two (2) projects that have met this criteria are the deletion of construction of Jog Road (Roebuck Road to south of 45th Street), and Palmetto Park Road (0.7 miles west of Powerline Road to 0.5 miles west of Military Trail); and
B) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the code of laws and ordinances; and effective date.
SUMMARY: In
accordance with Article 12.N.4.B of the Unified Land Development Code, and
prior to the deletion of any construction project from the County’s Program,
the Board of County Commissioner’s (Board) must determine that the Findings of
Fact have been made. Since the
development and adoption of the County’s Program on December 1, 2011, the
progress and evolution of current and near term projects has continued to be
monitored. Traffic counts, costs and revenues have been updated. Revisions are
being proposed to modify the Program to reflect this updated information. A Mid
Year Ordinance Amendment with a preliminary reading and a public hearing is
required in order to accomplish this. On June 5, 2012, the Board approved this
Amendment on preliminary reading and authorized advertisement for today’s
Public Hearing for final adoption. Countywide (MRE)
* * * * * * * * * * * *
JUNE 19, 2012
A. COUNTY ATTORNEY
1. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of not exceeding $100,000,000 Housing Finance Authority of Palm Beach County, Florida, Homeowner Revenue Bonds, Multiple Series (the “Bonds”) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”). SUMMARY: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”) to implement its Single Family Homeowner Revenue Bond Program (the "Program"), which Program is for the purpose of providing to qualified mortgagors mortgage financing for owner-occupied, single family residential housing facilities within the Authority’s area of operation. The Authority retains Bryant Miller Olive P.A. and Greenberg Traurig, P.A. as its bond and disclosure counsel on a rotating basis. However, it has not yet been determined which of these firms will fill these roles in the event the Bonds are issued as set forth above. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Countywide (PFK)
2. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of not exceeding $6,800,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Debt Obligations (Pine Run) (the “Debt Obligations”) and of Citibank, N.A. or an affiliate thereof as the payee, within the meaning of Palm Beach County Ordinance No. 2002-022, of the Debt Obligations. SUMMARY: The Debt Obligations are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”), to finance the costs of the acquisition, construction and/or equipping by HTG Palm Beach II, LLC (the “Borrower”) of a not to exceed 70 unit multifamily rental housing facility to be known as Pine Run, to be located at the northwest corner of Melaleuca Lane and Suburban Pines Drive, in unincorporated Palm Beach County (the “County”), to be rented to qualified persons and families as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”). The Debt Obligations will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Bryant Miller Olive is Bond Counsel to the Authority with respect to the Debt Obligations. There will be no underwriter for the Debt Obligations since the Authority will deliver the Debt Obligations directly to Citibank, N.A. or an affiliate thereof, as the purchaser thereof. Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, or interest on the Debt Obligations. District 2 (PFK)
JUNE 19, 2012
5. REGULAR
AGENDA
B. Parks
& RECREATION
1. Staff recommends
motion to approve:
A) reallocation of $150,000 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 the City of Delray Beach
for the Pompey Park Baseball Field Renovation project ($92,629) and the
County’s Peanut Island Lifeguard Room project ($57,371);
B) Interlocal Agreement with the City of Delray
Beach for the period of June 19, 2012, through December 18, 2013, in an amount
not-to-exceed $92,629 for funding the Pompey Park Baseball Field Renovation
project; and
C) Budget Transfer of $150,000 within the 2002
$50 Million Recreational and Cultural Facilities Bond referendum from C.
Spencer Pompey Amp/Pass-Through to Pompey Park Baseball Field Renovation
($92,629) and Peanut Island Lifeguard Room ($57,371).
Summary: The District 7 Commissioner has identified
$150,000 from the $50 Million Recreational and Cultural Facilities Bond that
she is requesting the Board redirect to Delray Beach for the renovation of
Pompey Park's three (3) baseball fields and concession stand ($92,629) and the
County’s Peanut Island Lifeguard Room
($57,371). This $150,000 is now available for disbursement due to EPOCH’s
cancellation of their amphitheater project. The Board previously allocated
$100,000 from the original $250,000 to Old School Square for the purchase of a
sound system, and with the proposed reallocations for Delray Beach and Peanut
Island, there is no remaining funding from EPOCH’s $250,000 bond allocation.
The Interlocal Agreement with the City of Delray Beach allows for the
reimbursement of eligible expenses incurred subsequent to February 1, 2012. Districts
1 & 7 (PK)
2. Staff recommends
motion to approve: reallocation
of $800,000 from the Center for Creative Education, Inc. (CCE) within the 2002
$50 Million Recreation and Cultural Facilities Bond as indicated in the Summary
below. Summary:
The November 16, 2010 Agreement, R2010-1907, with CCE in an amount not to
exceed $800,000 for funding of construction costs for the Center for Creative
Education lapsed on May 16, 2012. District 2 and 7 Commissioners propose to
reallocate the $800,000 as follows:
·
$550,000 to CCE for construction
costs for the Center for Creative Education revised Project ($250,000 from
District 2 and $300,000 from District 7);
·
$100,000 to the City of Greenacres
for Construction of the Greenacres Historical Museum (District 2);
·
$50,000 to the Town of Mangonia
Park for Community Center Improvements and renovation of an existing Town
building to create a Senior Center (District 7); and
·
$100,000 to supplement existing
funding for the County’s Gramercy Park project (District 7). Districts
2 & 7 (PK)
JUNE 19, 2012
5. REGULAR
AGENDA
C. COMMUNITY
SERVICES
1. Staff
recommends motion to approve:
A) Modification No. 002 of the Community
Services Block Grant (CSBG) Contract (R2011-1313) with the State of Florida
Department of Economic Opportunity for the period of October 1, 2011, to
September 30, 2012, in the amount of $119,407 for self-sufficiency services to
low income families;
B) Budget Amendment of $143,289 in the
Community Action Program (CAP) Fund to establish the additional funding and
corresponding required match contingent upon the grant award; and
C) Budget Transfer from the General Fund,
Contingency Reserves to the CAP Fund to provide required match of $23,882
contingent upon the grant award.
SUMMARY: Modification No. 002 will increase funds by $119,407 for a new CSBG
total of $1,267,374. An additional required
match of $23,882 brings the new CSBG Contract total to $1,520,849. The
additional funding will enable CAP to provide self-sufficiency services to approximately
220 additional low income clients. The program offers employment support, rental
and mortgage assistance, and utility assistance to eligible clients. The focus
of the program is to increase community-based collaboration enabling the
program to provide more services to individuals and families and to expand
certification and training programs for low income individuals and families
that enable them to become more self-sufficient. The additional County required
match funds are not included in the FY 2012 budget. (Community Action Program) Countywide
(TKF)
d. facilities
development & operations
1. Staff requests
Board direction: regarding options to accommodate the interim
facilities requirements of the Tourist Development Council (TDC) and related
agencies of Convention & Visitors Bureau, Sports Commission, and the Film
& Television Commission. SUMMARY:
At the March 27th Workshop, the Board concluded the Airport
Center was the preferred location for meeting the TDC and related agencies’
long term space needs, and directed Staff to attempt to negotiate a five (5)
year extension of TDC’s existing lease at Regions Financial Tower at a reduced
rate to meet TDC’s interim needs.
Regions Financial Tower submitted a proposal which would save TDC
roughly $93,000 over a five (5) year extension. Staff believes that Regions
Financial Tower has not provided a sufficient rental reduction. Staff believes
that there are acceptable alternatives which would save TDC as much as $420,000
over the same five (5) year period, even taking into account the move
costs. The Board’s options are to: 1)
accept Regions proposed terms; 2) make a counter offer; or 3) direct Staff to
conduct a Request for Proposal process to find alternate leased space for the
period from August 2014 through 2019. (TDC&FDO/PREM) Countywide (DW)
JUNE 19, 2012
5. REGULAR
AGENDA
E. ENVIRONMENTAL
RESOURCES MANAGEMENT
TIME CERTAIN 10:30 A.M.
1. Presentation on the
proposed Beach Management Program by the Department of Environmental Protection.
2. DELETED:
Staff recommends motion to approve: Amendment to Contract No. GC680
(R2007-0882) with the Florida Department of Environmental Protection (FDEP) for
activities in the Pollutant Storage Tank Compliance Verification Program. SUMMARY: Contract No. GC680 is a ten (10) year
contract with the FDEP that began on July 1, 2007 and runs through June 30,
2017. This contract is being amended to
now include performing compliance inspections in Martin and St. Lucie
Counties. Funding is through the State’s
Florida Inland Protection Trust Fund payable through Annual Task Assignments
issued by the FDEP. This is a non-ad valorem program and no fiscal impact is
anticipated. Countywide (SF)
(State document delayed; moved to June 26, 2012)
* * * * * * * * * * * *
JUNE 19, 2012
A. ADMINISTRATION
(Workforce
Alliance, Inc. Youth Outreach Committee)
1. Staff recommends:
the following appointments to the Workforce Alliance, Inc. Youth Outreach Committee
(“Youth Council”) for the period June 27, 2012, through June 26, 2015:
Nominee/ Appointment |
Seat No. |
Nominated By |
Dr. Mel Coleman |
1 |
Nova Southeastern
University |
Gaetana Ebbole |
2 |
Children Services Council |
Ed Gruvman |
3 |
Nutrition S’Mart |
Peter Licata |
4 |
School District of Palm
Beach County |
Dr. Barbara Gerlock |
5 |
Circuit 15 Juvenile
Justice Board |
Feirmon Johnson |
6 |
Florida Department of
Juvenile Justice |
Dorothy Ellington |
7 |
Delray Beach Housing
Authority |
Michelle Fulse |
8 |
Workforce Alliance, Inc. |
Andante Hurst |
9 |
Workforce Alliance, Inc. |
Robert Brewster |
10 |
Cornerstone Solutions |
Steven Parrish |
11 |
Workforce Alliance, Inc. |
Dr. Melody Sanger |
12 |
Drug Study Institute |
Channell Wilkins |
13 |
Palm Beach County
Community Services Department |
Summary: The membership of the Workforce Alliance, Inc. (Alliance) Youth Council conforms to the requirements of the Workforce Investment Act (WIA) of 1998, WIA 117(h)(1)-(3) and 20 CFR 661.335 and the Workforce Innovation Act of 2000. Per WIA there shall be established, as a subgroup within each local board, a Youth Council appointed by the local board, Workforce Alliance, Inc., in cooperation with the Chief Elected Official, Palm Beach County Board of County Commissioners, for the local area. The Workforce Accountability Act, 445 F.S. approved by the Florida Legislature effective July 1, 2012 requires that Alliance establish a Youth Council subject to the approval of the Palm Beach County Board of County Commissioners as Chief Elected Official. The Alliance Youth Council is comprised of fourteen members recommended by the Alliance Board of Directors with representatives appointed in accordance with WIA. Countywide (TKF)
B. PLANNING, ZONING & BUILDING
(Construction
Board of Adjustment and Appeals)
1. Staff recommends a
motion to approve: reappointment
of the following individual to the Construction Board of Adjustment and Appeals
(CBAA) for the term of June 20, 2012, to June 19, 2015:
Reappoint Seat Requirement Nominated By
Michael Walker 6 HVAC
Contractor CIMC
SUMMARY: Palm Beach
County Ordinance 89-31 created the Construction Board of Adjustment and
Appeals. Michael Walker is nominated by
the Construction Industry Managements Council of Palm Beach County (CIMC), with
a term of office of three (3) years. The nomination represents the HVAC
contractor member of the Board as required by the Palm Beach County Ordinance
2012-006, as amended, Palm Beach County Amendments to the Florida Building
Code, 2010 Edition. The Board is comprised of nine (9)
members consisting of one (1) registered architect; one (1) registered
engineer; one (1) general contractor; one (1) electrical contractor; one (1)
HVAC contractor; one (1) plumbing contractor and any other contractor licensed
category. In addition to these members,
there should be two (2) alternate members, one (1) member with the
qualifications referenced above and one (1) member at-large from the public.
(Building Division) Countywide (SF)
JUNE 19, 2012
6. BOARD
APPOINTMENTS
C. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
(Westgate/Belvedere Homes CRA)
1. Staff recommends
motion to approve: the
appointment/reappointment of the following two (2) individuals for completion
of the unexpired term for Seat No. 2 until May 31, 2013, and Seat No. 6 for the
term June 19, 2012, through May 31, 2016:
Name Seat
No. Nominated by
Appoint
Joseph H. Kirby 2 Commissioner Priscilla A. Taylor
Commissioner
Karen T. Marcus
Commissioner
Paulette Burdick
Reappoint
Ronald L. Daniels 6 Commissioner
Priscilla A. Taylor
Commissioner
Karen T. Marcus
Commissioner
Paulette Burdick
Summary: The Westgate/Belvedere Homes Community
Redevelopment Agency (Westgate CRA) Board consists of seven (7) At-Large
members from the general public and local businesses within the CRA
boundaries. Ordinance No. 89-6 requires
that the Palm Beach County Board of County Commissioners (BCC) appoint the Westgate
CRA Board Commissioners. The Westgate CRA is seeking to appoint
two (2) candidates to complete an unexpired term for Seat 2 and a
re-appointment term for Seat No. 6. Mr. Joseph H. Kirby, a business owner, has
expressed a willingness to complete the unexpired term of Seat No. 2 which is
vacant due to a resignation. Mr. Ronald L. Daniels, a business owner, has
expressed a willingness to be re-appointed for Seat No. 6. At the May 14, 2012, board meeting, Mr.
Joseph H. Kirby and Mr. Ronald L. Daniels were nominated by the Westgate CRA Board
and residents to be recommended for appointment by the BCC. The Commissioners
were notified of the vacancies by the Westgate CRA on May 15, 2012. District
7 (RB)
D. ENVIRONMENTAL RESOURCES MANAGEMENT
(Groundwater and Natural Resources Protection Board)
1. Staff recommends
motion to approve: one (1) appointment of an at-large member
to the Groundwater and Natural Resources Protection Board (GNRPB) for a term
beginning June 19, 2012, through July 30, 2013:
Nominee Seat # Representing Nominated
By
Kirt Rusenko 4 Biologist
or Chemist Commissioner Abrams
Commissioner
Burdick
Commissioner
Marcus
SUMMARY: Ordinance 92-20, as amended and Article
2.G.2.F of the Unified Land Development Code (ULDC) provide for a seven (7)
member GNRPB. The membership consists of one (1) professional engineer, one (1) attorney, one (1) hydrologist or
hydrogeologist, one (1) citizen with business management expertise, one (1)
biologist or chemist, one (1) member of an environmental organization, and one
(1) concerned citizen of PBC. Ordinance
92-20, as amended, and Article 2.G.2.F of the ULDC
requires Seat No. 4 to be filled by a Biologist or Chemist. The nominee was provided by the Treasure
Coast Chapter of the Florida Association of Environmental Professionals and
will complete the term for Mr. Jason Moretz, Seat No. 4 incumbent, who has
resigned and relocated out of State. No
other nominations were received. Countywide (SF)
JUNE 19, 2012
6. BOARD
APPOINTMENTS
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
(Impact Fee Review Committee)
1. Staff recommends
motion to approve:
A) the appointment of Robert Gottlieb to the
following seat on the Impact Fee Review Committee for the three (3) year term
June 19, 2012, through June 18, 2015:
Nominee Seat No. Requirement Nominated By
Robert Gottlieb 1 Municipal Commissioner Vana
Commissioner
Abrams
Commissioner
Marcus
Commissioner
Burdick
B) the appointment of Scott Worley to a regular
seat on the Impact Fee Review Committee for the remainder of the unexpired three
(3) year term June 19, 2012, through October 3, 2014:
Nominee Seat No. Requirement Nominated
By
Scott Worley 6 Business Commissioner Marcus
Commissioner
Burdick
SUMMARY: The Impact Fee Review Committee is composed
of seven (7) members and three (3) alternate members appointed by the Board of
County Commissioners. The membership of the committee includes three (3) representatives
from municipalities, three (3) representatives from the business community, and
one (1) member selected at-large. The
alternate members include one (1) representative from each of the categories
above. Robert Gottlieb’s appointment
would fill a vacancy on the Impact Fee Review Committee created by a member
resignation in 2011. Scott Worley is
currently serving on the Impact Fee Review Committee as an alternate
member. A regular seat vacancy was
created with the recent resignation of Joe Pollock. This agenda item would
allow Scott Worley to complete Joe Pollock’s unexpired term on the Committee as
a regular seat appointee. Countywide (LB)
F. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 19, 2012
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JUNE 19, 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
ADD-ON: Request approval to present off-site, a
Proclamation declaring June 21, 2012 as “Tim Snow Day” in Palm Beach County.
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."