September 11, 2012 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
SEPTEMBER 11, 2012
PAGE ITEM
46 4E REVISED SUMMARY: Staff recommends motion to approve:
Alignment Alternative Four for Jupiter Park Drive/Western Corridor (Island Way)
within unincorporated Palm Beach County, from Jupiter Gardens Boulevard to 68th
Terrace. SUMMARY: Per Board direction
and discussions from the meetings held on April 17, May 15, and July 10, this
will approve Alignment Alternative Four for Jupiter Park Drive/Western Corridor
(Island Way) within unincorporated Palm Beach County (from Jupiter Gardens
Boulevard to 68th Terrace). This approval is required to allow the
establishment of the overall alignment from Jupiter Park Drive to Indiantown
Road. The Town of Jupiter (Town) is
finalizing the development conditions of approval for the Hawkeye Jupiter
property (formerly known as the Brown property). The new road, Island Way, will need to be designed
and built to provide appropriate access to the property. Land will have to be acquired to allow the
construction of the road. The northern and southern ends of the road are within
the Town, and are approximately 60% of the road length. The remaining section lies within the
unincorporated area. The road is intended to be a Town road when it is
constructed with funding expected to come from the Town and the Hawkeye
development. The Board asked/directed at
the July 10 meeting that additional meetings be held with the neighborhood and
the developer. The developer and Town
committed to holding those discussions. Several meetings have been held
since then, with the most recent meeting held on September 6th. District 1 (MRE) (Engineering)
49 5F-1 REVISED TITLE: Staff recommends motion to approve:
Agreement with Cultural Council of Palm Beach County, Inc. (the “Cultural
Council”) for the provision of services under the County’s Tourist Development
Plan during the period October 1, 2012, through September 30, 2017 an amount
not to exceed of $1,257,190 in contractual services and $3,807,460 in
indirect costs, grants and reserves for a total of $5,064,650. (TDC)
49 5F-2 REVISED TITLE & SUMMARY: Staff recommends motion to approve:
Agreement with the Palm Beach County Film and Television Commission, Inc. (the
PBCFTC) for the provision of services under the County’s Tourist Development
Plan during the period October 1, 2012, through September 30, 2017 an amount
not to exceed of $585,508 in contractual services and $318,305 in
indirect costs, and reserves for a total of $903,813. SUMMARY: The Agreement provides for the PBCFTC to attract, promote,
and market existing and new film production and production facilities under the
County’s Tourist Development Plan for a five-year period, from October 1, 2012,
through September 30, 2017. The new Agreement replaces the current contract
(Contract R2012-0844). The new Agreement updates Fiscal Year 2013 Exhibit “A” –
Annual Budget, and Exhibit “F” – Performance Measures, and Exhibit “J”
Organizational Chart. In addition, indirect cost and reserves totaling $318,305
are included for a total budget of $913,813 $903,813. These
changes have been reviewed and approved by the Tourist Development Council
Finance Committee and Tourist Development Council Board. (TDC) Countywide
(DW) (TDC)
50 5F-3 REVISED TITLE & SUMMARY: Staff recommends motion to approve:
Agreement with Discover Palm Beach County, Inc. d/b/a Palm Beach County
Convention & Visitors Bureau (the “CVB”) for the provision of services
under the County’s Tourist Development Plan during the period October 1, 2012,
through September 30, 2017 in the amount of $9,450,705 in contractual
services and $1,427,632 in indirect costs and reserves for a total of
$10,878,337.; deleting the requirement that the Tourist Development
Council Executive Director be an ex-officio member of Discover Palm Beach
County; and adding the requirement that the Tourist Development Council’s
Executive Director shall be notified of all meetings of the Board of Directors,
and the executive committee as well as all committees and subcommittees of
Discover Palm Beach County whose functions are in any way related to the
expenditure of County or Tourist Development Tax funds. The Tourist Development Council’s Executive
Director shall be provided notice of meetings and an opportunity to be heard at
the meetings. Notice of the meetings shall be provided to the Tourist
Development Council’s Executive Director no later than five (5) days before the
meeting is to occur. SUMMARY:
The Agreement provides for the CVB to provide tourism marketing services under
the County’s Tourist Development Plan for a five-year period, from October 1,
2012, through September 30, 2017. The Agreement replaces the current contract
(Contract R2012-0925). The new Agreement
updates for Fiscal Year 2013 Exhibit “A” – Annual Budget, Exhibit “E” –
Procurement Policy, Exhibit “H” – Performance Measures, Exhibit “I” - Salary
Structure, and Exhibit “K” –
Organizational Chart. The new Agreement removes reference that the Tourist
Development Council Executive Director serves as ex-officio member of Discover
Palm Beach County committees and sub-committees, but requires notification of
all meetings and an opportunity to be heard. Notice of the meetings shall be
provided to the Tourist Development Council’s Executive Director no later than
five (5) days before the meeting is to occur. In addition, indirect cost,
and reserves of $1,427,632 are included for a total budget of $10,878,337.
These changes have been reviewed and approved by the Tourist Development
Council Finance Committee and Tourist Development Council Board. (TDC) Countywide
(DW) (TDC)
50 5F-4 REVISED TITLE: Staff
recommends motion to approve: Agreement with Palm Beach County Sports Commission,
Inc. (the “PBCSC”) for the provision of services under the County’s Tourist
Development Plan during the period October 1, 2012, through September 30, 2017
an amount not to exceed of $724,877 in contractual services and
$1,024,430 in indirect costs, grants and reserves for a total of $1,749,307. SUMMARY: The Agreement provides for the PBCSC to
provide tourism marketing services under the County’s Tourist Development Plan
for a five-year period, from October 1, 2012, through September 30, 2017. The Agreement replaces the current contract
(Contract R2012-0845). The new Agreement updates for Fiscal Year 2013 Exhibit
“A” – Annual Budget, and Exhibit “E” – Performance Measures, Exhibit “G” –
Salary Structure, and Exhibit “H” - Organizational Chart. In addition, indirect
cost, grants and reserves of $1,024,430 are included for a total budget of
$1,749,307. These changes have been reviewed and approved by the Tourist
Development Council Finance Committee and Tourist Development Council Board.
(TDC) Countywide (DW) (TDC)
52 5G-2 DELETED: Staff recommends motion to
approve: A) a Civic Site
Dedication Agreement with Boynton Beach Associates XXIV, LLLP;…(FDO) (Further staff review)
53 5G-3 DELETED: Staff
recommends motion to: A) adopt Resolution rescinding and replacing R2002-0192 supporting the allocation
of ad valorem funds for the benefit of municipal efforts to maintain
interoperability with and participate in the County’s Intergovernmental Communications
Program (ICP);…(FDO) (Further staff
review)
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
SEPTEMBER 11, 2012
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 8)
3. CONSENT
AGENDA (Pages 9 - 43)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 44 -
46)
5. REGULAR
AGENDA (Pages 47 - 53)
6. BOARD
APPOINTMENTS (Pages 54 - 55)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 56)
8. STAFF
COMMENTS (Page 57)
9. COMMISSIONER
COMMENTS (Page 58)
10. ADJOURNMENT (Page 58)
* * * * * * * * * * *
SEPTEMBER 11, 2012
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 8
2C-1 Literacy AmeriCorps Swearing In Ceremony
2C-2 Florida LambdaRail Presentation
2C-3 Special Olympics Presentation
2C-4 Olympian Tony McQuay
2C-5 Hunger Action Month
2C-6 National Hereditary Breast and Ovarian Cancer
Week/National Previvor Day
2C-7 Domestic Violence Awareness Month
2C-8 Caribbean-American for Community Involvement
Day
CONSENT AGENDA
A. ADMINISTRATION
Page 9
3A-1 Interlocal Grant Agreements with Town of
Glen Ridge and Jupiter Inlet Colony relative to funding the Inspector General’s
Office
B. CLERK & COMPTROLLER
Page 9
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 Unclaimed
Monies proof of publications
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Second Amendment to Annual Guardrail Contract
with Southeast Attenuators, Inc.
3C-2 Interlocal Agreement with Village of Palm
Springs to transfer ownership and responsibility of several right-of-way
segments
3C-3 Deleted
3C-4 Resolution declaring acquisition of property
(Parcel 301) as temporary construction easement relative to intersection
improvements to Belvedere Road and Haverhill Road
3C-5 Joint Participation Agreement with Publix
Super Markets, Inc. for construction of traffic signal on Lantana Road at Lee
Square shopping center
Page 11
3C-6 Resolution
supporting conservation of native wildflowers
3C-7 Railroad Reimbursement Agreement with CSX
Transportation, Inc. for reconstruction of Palmetto Park Road railroad crossing
3C-8 Deleted
3C-9 Supplemental Agreement No. 7 with K-F Group,
Inc. for design plan revisions related to 60th Street North
3C-10 Supplemental Agreement No. 2 with Last
Devenport, Inc. for design plans/construction bid documents related to Garden
Road culvert
Page 12
3C-11 Contract with J.W. Cheatham, LLC for
construction of State Road 7 extension
3C-12 Contract with Murphy Construction Company for construction of
Central Boulevard
3C-13 Contract with J.W. Cheatham, LLC for construction of Seminole Pratt
Whitney Road
D. COUNTY ATTORNEY
Page 12
3D-1 First Supplemental Amended and Restated Loan
Agreement related to Caron Foundation of Florida, Inc. project
Page 13
3D-2 Settlement
Agreement in personal injury action styled John Napier vs. PBC
SEPTEMBER 11, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 13
3E-1 Contract for Provision of Services with
Jerome Golden Center for Behavioral Health, Inc. for services to homeless
individuals
3E-2 Contract for Provision of Services with
Gulfstream Goodwill Industries, Inc. for supportive services to homeless
persons
Page 14
3E-3 Contracts for Provision of Services with
Jerome Golden Center for Behavioral Health, Inc. and Comprehensive Alcoholism
Rehabilitation Programs for support services to homeless individuals
3E-4 Florida Department of Education Project
Award Notification No Cost Extension Letter for education and vocational
training to farmworkers
Page 15
3E-5 Ratify signature on proposal to U.S.
Department of Health & Human Services relative to grant funding for
homeless programs
3E-6 Ratify signature on Refunding Grant
Application with U.S. Department of Health & Human Services for the Head
Start/Early Head Start programs
Page 16
3E-7 Notice of Award from U.S. Department of
Health & Human Services for Head Start/Early Head Start Coast of Living
Adjustment Application
3E-8 Memorandum of Agreements with Children’s
Services Council of Palm Beach County relative to professional development
training for Head Start/Early Head Start staff
Page 17
3E-9 Modification No. 2 with Florida Department
of Economic Opportunity for self-sufficiency services to low income families
3E-10 Budget Amendment in Human Services Division
General Fund relative to services to homeless individuals
Page 18
3E-11 Child Care Food Program Budget for Sponsors of
Multiple Sites with Florida Department of Health for catered meals served to
Head Start/Early Head Start children
Page 19
3E-12 Delegate Agency Amendments (3) to recognize cost of living
adjustment
3E-13 Amendment No. 1 with Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. to revise Scope of Work under the Financially
Assisted Agency program
F. AIRPORTS
Page 20
3F-1 Extension
of Time to eight (8) FDOT Joint Participation Agreements for on-going projects
at County airports
3F-2 Delegation
of signature authority for Google Online Agreements relating to Google Indoor
Maps at PBIA
Page 21
3F-3 List of 12 charitable organizations to
benefit from proceeds from PBIA fountain
3F-4 Resolution adopting Airport Concession
Disadvantaged Business Enterprise Program
3F-5 Off-Airport Parking Lot Operator Ground
Transportation Permit with AmeriPark, LLC
Page 22
3F-6 License Agreement with DTG Operations, Inc.
in connection with rental car operation at PBIA
3F-7 Professional
Services Agreement with Corgan Associates, Inc. for professional planning and
design services related to the Baggage Handling System improvements at PBIA
3F-8 Resolution
approving Joint Participation Agreement with FDOT for wetland mitigation at
North Palm Beach County General Aviation Airport
Page 23
3F-9 Resolution
approving Joint Participation Agreement with FDOT to rehabilitate Itinerant
Apron at Palm Beach County Park Airport
3F-10 Resolution approving Joint Participation Agreement with FDOT for
rehab Runway 3/21 and Runway 9/27 intersection and misc. airfield pavement
repairs at Palm Beach County Park Airport
3F-11 Resolution approving Joint Participation Agreement with FDOT for
Golfview Apron, taxilanes/taxiway, infrastructure at PBIA
SEPTEMBER 11, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS (Cont’d)
Page 24
3F-12 Resolution approving Supplemental Joint
Participation Agreement No. 1 with FDOT to construct hangars at North Palm
Beach County General Aviation Airport
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 24
3H-1 Budget Amendment/Transfer related to Early
Head Start – Delray Beach Village Academy project
Page 25
3H-2 Contract with M.A.C. Construction, Inc. for
replacement bus lifts at Palm Tran North and South Maintenance facilities
3H-3 Assignment
of contract with MPA Architects, Inc. for architectural services
3H-4 Interlocal
Agreement with City of Greenacres regarding radio maintenance services
Page 26
3H-5 Declaration of Perpetual Traffic Signal
Easement for mast arm traffic signals on a portion of John Prince Park and
Lantana Airport properties
3H-6 Termination of Sublease and Fuel
Provision Agreement with City of West Palm Beach
I. ECONOMIC SUSTAINABILITY
Page 27
3I-1 Four
(4) Agreements and six (6) Amendments to various federal housing programs
3I-2 Amendment
No. 2 with The Salvation Army for transitional housing facility for homeless
men
Page 28
3I-3 Amendment No. 2 with FoundCare, Inc. for
health care services to uninsured low and moderate income clients
3I-4 Consent
for Sharon Battle to receive SHIP funds under Foreclosure Prevention Program
3I-5 Resolution
supporting LinkUp2012® international trade event
Page 29
3I-6 Resolution authorizing submittal of a New
Market Tax Credit Program Application to U.S. Department of the Treasury
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 29
3K-1 Receive
and file three (3) standard agreements and/or amendments for Water Utilities
Page 30
3K-2 Agreement
with Vivian D’Angio to fund Claude D’Angio Internship in Chemistry
3K-3 Work Authorization No. 3 with Globaltech,
Inc. for GUA South Bay Repump Station improvements
3K-4 Work Authorization No. 5 with Globaltech,
Inc. for water quality monitoring system
Page 31
3K-5 Consultant Services
Authorization No. 12 with Hillers Electrical Engineering, Inc. for WTP No. 9
Programmable Logic Controller programming
3K-6 Interlocal Agreement with Town of Mangonia
Park for installation of emergency generators
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 32
3L-1 Agreement
with Florida Department of Agriculture and Consumer Services for mosquito
control reporting requirements
3L-2 Resolution
requesting Florida Department of Environmental Protection support funding for shoreline
protection projects
SEPTEMBER 11, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
Page 33
3L-3 Contract with InWater Research Group, Inc.
for inwater sea turtle population assessment
3L-4 No-cost
Change Order No. 1 with The Vance Construction Co relative to the annual
artificial reef and breakwaters contract
Page 34
3L-5 Receive and file five (5) documents for
Environmental Resources Management
M. PARKS & RECREATION
Page 35
3M-1 First
Amendment with School Board of Palm Beach County relative to transitional life
skills to students with disabilities
3M-2 Transfer project management to Boynton Beach
Catering, Inc. for Boynton Women’s Club roof replacement
3M-3 Budget
Transfers necessary to complete improvement and renovation projects at various
recreational facilities
Page 36
3M-4 First
Amendment to Independent Contractor Agreement with Team Elite Athletic
Management International, Inc. for swim teams coaching
3M-5 Agreement
with Creative Education, Inc. for construction of the Center for Creative
Education facility
N. LIBRARY
Page 36
3N-1 Application to Florida Department of State,
Division of Library and Information Services for State Aid to Libraries funding
P. COOPERATIVE EXTENSION SERVICE
Page 37
3P-1 First Amendment with Housing Partnership,
Inc. for continued funding of part-time program assistant
Q. CRIMINAL JUSTICE COMMISSION
Page 37
3Q-1 Amendment
to MOU with DCF; and reinstating Contract with Jerome Golden Center for Behavioral
Health, Inc. for supportive housing, mental health and substance abuse
treatment services for dually-diagnosed repeat offenders
3Q-2 Justice
Assistance Grant Program Local Solicitation Grant award from Department of
Justice relative to ex-offender re-entry and drug court treatment programs
Page 38
3Q-3 First Amendment with City of Riviera Beach
relative to Civil Drug Court program
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 38
3S-1 Memorandum
of Agreement with Children’s Services Council of Palm Beach County regarding
Drowning Prevention Coalition program funding
3S-2 Agreement
with Bar Education, Inc. for clinical field experience to paramedic and EMT
students
3S-3 Five
(5) Interlocal Agreements with Palm Beach State College relating to fire rescue
training and instructional services
Page 39
3S-4 Emergency
Services Agreement for Mutual Assistance, Automatic Aid, Dispatch and Fire
Vehicle Maintenance and Repair with Village of Tequesta
T. HEALTH DEPARTMENT
Page 39
3T-1 Resolution
adopting FY 2012/2013 budget for Air Pollution Control Program
SEPTEMBER 11, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
U. INFORMATION SYSTEMS SERVICES
Page 40
3U-1 Microsoft Enterprise Agreement with SHI
International Corp for software assurance
3U-2 Second extension with AT&T Volume and
Term Agreement
3U-3 Interlocal Agreement with Florida State
University to connect to County’s Regional Network
Page 41
3U-4 Interlocal Agreement with Town of Palm Beach
for document scanning services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 41
3X-1 Amendment to Rape Crisis Exam Center
Contract with State of Florida, Department of Health
Page 42
3X-2 Amendment No. 1 to Rape Crisis Exam
Center Contract with Emergency Specialists of Wellington
3X-3 Contracts with Pre-doctoral Psychology
Interns
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. MEDICAL EXAMINER
Page 43
3BB-1 Contract with Rockledge HMA, LLC for forensic
toxicology and histology testing
PUBLIC HEARINGS – 9:30 A.M.
Page 44
4A Resolution to vacate County’s interest in
certain portion of Dillman Road
4B Contract
with Charles S. Whiteside, Inc. for Patio Court paving and drainage
improvements project
Page 45
4C Housing Finance Authority Ordinance
4D Refueling Assistance Ordinance
Page 46
4E Alignment Alternative Four for Jupiter
Park Drive/Western Corridor (Island Way)
REGULAR AGENDA
ADMINISTRATION
Page 47
5A-1 Designate
Cam Estates/Meadowbrook Plats as a Countywide Community Revitalization Team
Neighborhood Enhancement Area; remove Cinquez Park and Lakewood Gardens Central
as CCRT area
COMMUNITY SERVICES
Page 47
5B-1 Amendment
No. 1 with Adopt-A-Family of the Palm Beaches, Inc. for engagement, interim housing
and rapid re-housing services to homeless families
SEPTEMBER 11, 2012
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 48
5C-1 Amendment
No. 2 with Florida Department of Environmental Protection relative to the
Pollutant Storage Tank Compliance Verification Program
FIRE RESCUE
Page 48
5D-1 Regional Hazardous Materials Response
Ordinance
OFFICE OF
FINANCIAL MANAGEMENT & BUDGET
Page 49
5E-1 External Auditors rotation policy
TOURIST
DEVELOPMENT COUNCIL
Page 49
5F-1 Agreement with Cultural Council of Palm
Beach County, Inc. for tourism marketing services
5F-2 Agreement
with Palm Beach County Film and Television Commission, Inc. to attract,
promote, and market existing and new film production and production facilities
Page 50
5F-3 Agreement with Discover Palm Beach County to
provide tourism marketing services
5F-4 Agreement
with Palm Beach County Sports Commission, Inc. to provide tourism marketing
services
FACILITIES DEVELOPMENT &
OPERATIONS
Page 51
5G-1 Vehicle
and Equipment Parts Management and Supply Agreement with Genuine Parts Company
(NAPA)
Page 52
5G-2 Civic Site Dedication Agreement with
Boynton Beach Associates (G.L. Homes)
Page 53
5G-3 Resolutions
relating to $12.50 Program (Intergovernmental Communications Program)
BOARD APPOINTMENTS (Pages 54 - 55)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 56)
STAFF COMMENTS (Page 57)
COMMISSIONER
COMMENTS (Page 58)
ADJOURNMENT (Page 58)
SEPTEMBER 11, 2012
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Literacy AmeriCorps
Members Swearing In Ceremony. (Sponsored by Commissioner Vana)
2. Presentation by Joe
Lazor, Executive Director of the Florida LambdaRail.
3. Presentation
by Special Olympics Palm Beach County recognizing 30 years of BCC vision,
leadership and support for the local Special Olympics movement.
4. Proclamation recognizing track Olympian
Tony McQuay (silver medal in men’s 4x400 meter relay) (Sponsored by
Commissioner Taylor)
5. Proclamation declaring September 2012
as “Hunger Action Month” in Palm Beach County. (Sponsored by Commissioner Vana)
6. Proclamation declaring September 23 –
30, 2012 as “National Hereditary Breast and Ovarian Cancer Week” and September
26, 2012 as “National Previvor Day” in Palm Beach County. (Sponsored by
Commissioner Marcus)
7. Proclamation declaring October 2012 as
“Domestic Violence Awareness Month” in Palm Beach County. (Sponsored by
Commissioner Santamaria)
8. Proclamation
declaring September 22, 2012 as “Caribbean-American for Community Involvement
Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)
* * * * * * * * * * * *
SEPTEMBER 11, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Interlocal Grant Agreements with the Town of Glen
Ridge and the Town of Jupiter Inlet Colony to voluntarily assist in funding
Office of Inspector General operations. SUMMARY: The agreements provide
a means for the Town of Glen Ridge and Town of Jupiter Inlet Colony to
voluntarily provide quarterly grant payments to Palm Beach County to assist in
funding Office of Inspector General. The payments equal the amount of
funding the Town’s would have paid pursuant to the cost apportionment method
outlined in the Inspector General Ordinance. The payment for Glen Ridge
for each quarter of FY 2012 equals $35 and the initial payments made total
$52. The payment for Jupiter Inlet Colony for each quarter of FY 2012
equals $170 and the initial payments made total $345. Districts 1 & 2
(LB/PM)
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 & Budget July 10, 2012
Joint/Glades Utility Authority July 12, 2012
Comprehensive Plan July 23, 2012
Workshop July 24, 2012
Zoning July 26, 2012
Regular August 14, 2012
3. REVISED BACKUP:
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 April 2012. Countywide
5. Staff recommends
motion to receive and file: proof of publications “Unclaimed Monies”
advertised by the Clerk & Comptroller of Palm Beach County. SUMMARY: Pursuant to F.S. 116.21, the Clerk advertised
certain unclaimed monies held which are subject to forfeiture to Palm Beach
County. Florida Statutes 116.21 requires that the proof of publication “shall
be filed and recorded in the minutes of the County Commission of such county.” Countywide (PFK)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Second Amendment (Amendment) to the Annual
Guardrail Contract (Contract) (R2010-1488) Project No. 2011052, dated October
5, 2010, with Southeast Attenuators, Inc. (Contractor) to extend the expiration
date and increase the total budget by $150,000. SUMMARY: Approval of this
Amendment will extend the Contract for the final 12 months of the Contract time
and increase the dollar value by $150,000, to a total new value of
$930,000. The Contract consists of
furnishing and installing guardrail, furnishing guardrail products, removing
and disposing of “old” guardrail and/or resetting of existing guardrail. Small Business Enterprise (SBE) goals were
established at 15% of the overall Contract amount. The Contractor is an SBE certified business;
therefore, all of the $485,522 spent on this Contract to date has gone to an
SBE contractor. Countywide (MRE)
2. Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Village of Palm Springs (Village) to transfer the ownership and responsibility for operation and maintenance of several annexed right-of-way segments to the Village. SUMMARY: Approval of this Agreement will transfer the ownership and responsibility for operation and maintenance of several annexed right-of-way segments to the Village. The Agreement will also clarify operation and maintenance responsibilities for certain right-of-way segments already maintained by the Village. The annexations for these right-of-way segments were completed and adopted by the Board of County Commissioners in 2001 and 2006. District 3 (MRE)
3. DELETED
4. Staff recommends motion to adopt: a Resolution to declare the acquisition of property designated as Parcel 301, a Temporary Construction Easement (Easement) necessary for the widening and construction of improvements at the northeast corner of the intersection of Belvedere Road and Haverhill Road. SUMMARY: The adoption of this Resolution will initiate eminent domain proceedings against one (1) parcel having a total appraised value of $3,800. District 7 (PM)
5. Staff recommends
motion to approve:
A) a Joint Participation Agreement (JPA) with Publix Super Markets, Inc.
(Publix) for the construction of a traffic signal and associated median
modifications on Lantana Road at the eastern Lee Square shopping center
entrance approximately 1,000 feet east of Jog Road; and
B) a Budget Amendment of $200,000 in the Transportation Improvement Fund to
recognize Publix participation in this project and appropriate it to Traffic
Signals – Mast Arms Fiscal Year 2013.
SUMMARY: Approval of this JPA and Budget Amendment will
allow for the design and construction of a traffic signal and associated median
modifications for turn lanes on Lantana Road, a Palm Beach County (County)
maintained roadway, at the eastern Lee Square shopping center entrance
approximately 1,000 feet east of Jog Road.
Publix will fund $100,000 toward the design and the construction of the
improvements, paying a consultant no more than $40,000 for the design with the
remaining going towards the construction. Funding for the remainder of the
construction costs of the improvements is available from a contribution
received from the Chick-fil-A currently under construction in the Lee Square
shopping center, ($140,000) and from the Traffic Signals-Mast Arms account
($150,000). District 3 (MRE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends motion to adopt: a Resolution to support the conservation of native wildflowers. SUMMARY: Grants for the planting of wildflowers are available from the Florida Wildflower Foundation to counties, municipalities and other entities through the sale of State of Florida Wildflower license plates. For applicants to be eligible for the La Florida “Land of Flowers” Community Grant Program, it is necessary for counties or municipalities to have adopted resolutions committing to support the conservation of Florida’s native wildflowers. Countywide (MRE)
7. Staff recommends motion to approve: a Railroad Reimbursement Agreement with CSX Transportation, Inc. (CSXT) for the reconstruction of Palmetto Park Road railroad crossing. SUMMARY: The Railroad Reimbursement Agreement is between the CSXT, the Florida Department of Transportation (FDOT) and Palm Beach County (PBC) due to the South Florida Regional Transportation Authority’s (SFRTA) (formerly Tri-Rail) use of the railway tracks. Approval of the Railroad Reimbursement Agreement will allow for CSXT to reconstruct the existing crossing at an estimated cost of $151,348, to raise the west set of railroad tracks to the same elevation as the east set of tracks. The construction will provide a smoother ride over the tracks for vehicles traveling on Palmetto Park Road. District 4 (MRE)
8. DELETED
9. Staff recommends motion to approve: Supplemental Agreement No. 7 (Agreement) to Project Agreement R2005-1455 in the amount of $165,844.92 with K-F Group, Inc. (KFG), for professional services for the 60th Street North from west of Royal Palm Beach Boulevard to State Road 7 Extension project (Project). SUMMARY: Approval of this Agreement will provide the services necessary for the preparation of design plan revisions for the Project. KFG is a Palm Beach County company and is a certified Small Business Enterprise (SBE). The SBE goal for the Project is 15%. The SBE participation committed for this Agreement by KFG is 93.47%. District 6 (MRE)
10. Staff recommends
motion to approve:
A) Supplemental Agreement No. 2
(Agreement) to project agreement 2011904 in the amount of $89,608.60 with Last
Devenport, Inc. (LDI), for professional services for the Garden Road Culvert
project (Project); and
B) a Budget Transfer of $134,421 in the Road Impact Fee Fund – Zone 1 from
Reserves to Garden Road Culvert.
SUMMARY: Approval of this Agreement will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. LDI is a Palm Beach County company and is a certified Small Business Enterprise (SBE). The SBE goal for the Project is 15%. The SBE participation committed for this Project by LDI is 96.0%. District 7 (MRE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends motion to approve: a Contract with J.W. Cheatham, LLC (Cheatham), in the amount of $4,607,187.62 for the construction of State Road 7 Extension from Persimmon Boulevard to 60th Street North; and 60th Street North from east of Royal Palm Beach Boulevard to State Road 7 Extension (Project). SUMMARY: Approval of this Contract will allow Palm Beach County (County) to issue a Notice to Proceed to Cheatham, the lowest responsive, responsible bidder, and a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the Project by Cheatham is 17.07%. District 6 (MRE)
12. Staff recommends
motion to approve:
A) a Contract with Murphy Construction Company (Murphy), in the amount of $2,492,454.50 for the construction of Central Boulevard from south of the C-18 Canal to Church Street (Project);
B) an Interlocal Agreement with the Loxahatchee River Environmental Control District (District) for joint participation and project funding in the amount of $638,580 for construction of utility adjustments to the District’s water main and other improvements as part of the Project; and
C) a Budget Amendment of $638,580 in the Road Impact Fee Fund – Zone 1 to recognize funding from the District for utility reimbursable work and appropriate it to the Project.
SUMMARY: Approval of this Contract will allow Palm Beach County (County) to issue a notice to proceed to Murphy, the sole responsive, responsible bidder, and a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the Project by Murphy is 15.17%. District 1 (MRE)
13. Staff recommends motion to approve: a Contract with J.W. Cheatham, LLC (Cheatham), in the amount of $3,679,428.55 for the construction of Seminole Pratt Whitney Road from south of the M Canal to south of Orange Boulevard (Project). SUMMARY: Approval of this Contract will allow Palm Beach County (County) to issue a notice to proceed to Cheatham, the lowest responsive, responsible bidder, and a Palm Beach County company, to begin construction of the Project. The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall. The SBE participation proposed for the Project by Cheatham is 32.02%. District 6 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to receive and file: the
First Supplemental Amended and Restated Loan Agreement dated June 1, 2012,
relating to the $8,600,000 Palm Beach County, Florida Amended and Restated
Tax-Exempt Adjustable Mode Revenue Bonds (Caron Foundation of Florida, Inc.
Project) Series 2008 (the “Bonds”). SUMMARY: Sometime after the closing on the Bonds, a
First Supplemental Amended and Restated Loan Agreement related to the Bonds had
to be executed. This document has been
executed by the parties and should now be received and filed in the Minutes
Department. Countywide (PFK)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: a Settlement Agreement, inclusive of attorney’s fees
and costs, in the total amount of $85,000 in the personal injury action styled John
Napier vs. Palm Beach County, Case No. 502012CA007767XXXXMB AO. SUMMARY: On September 19, 2011, Mr. Napier was struck
by a Palm Tran bus that ran a red light.
As a result of the impact, Plaintiff had to be extricated from his truck
with the “jaws of life” after which he was transported by ambulance to St.
Mary’s Hospital for emergency treatment. Mr. Napier followed up with a
neurosurgeon, orthopedic surgeon, and a chiropractor. He sustained herniated discs in his neck at 5five
levels and in his back at 3three levels.
His orthopedic surgeon opined that the multilevel nature of his injuries
render him incurable, even with operative intervention. He was left with a 20% permanent impairment
and now requires a cane to walk. His
neurosurgeon opined that Mr. Napier is at increased risk for spinal cord injury
and paralysis. He is still receiving
active treatment from his chiropractor. Medical
bills to date total $51,974, and there is an outstanding $3,878 lien. Staff, including the Risk Management
Roundtable Committee, concurs that this settlement is in the best interest of
Palm Beach County. Countywide (SCL)
E. COMMUNITY SERVICES
1. Staff recommends motion
to approve: Contract for Provision of Services with the
Jerome Golden Center for Behavioral Health, Inc., for the period October 1,
2012, through September 30, 2013, in an amount not to exceed $73,318, for
services to homeless individuals. Summary: The Jerome Golden Center for Behavioral Health, Inc. (Golden
Center) will provide supportive services through the Homeless Assertive
Community Treatment Team to include case management, employment counseling,
medication management, benefits counseling, peer counseling and group
counseling. These services will be provided to homeless individuals who are
severely mentally ill or dually diagnosed and have been placed in permanent
housing through the Housing and Urban Development Shelter Plus
Care grant programs. A total of $73,318
in County funds is included in the proposed FY 2013 budget. County obligations under this Contract are
subject to budget approval. Thomas
McKissack of the Golden Center is a member of the Palm Beach County HIV Care
Council. This Board provides no
regulation, oversight, management, or policy-setting recommendations regarding
the Homeless Assertive Community Treatment Team activities funded by 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. (Human Services) Countywide (TKF)
2. Staff recommends
motion to approve: Contract for Provision of Services with Gulfstream
Goodwill Industries, Inc., for the period October 1, 2012, through September
30, 2013, in an amount not to exceed $34,005, for Supportive Services to
homeless persons. Summary: Gulfstream
Goodwill Industries, Inc. will provide case management services to 30 homeless
individuals through the Transitional Housing Program, Project SUCCESS (Start
Ultimate Challenge, Choose Empowerment, Self
Sufficiency). Case management services
are a vital link to meet the needs of the homeless individual to overcome the
numerous barriers that have led to their homelessness. A total of $34,005 in County funds is
included in the proposed FY 2013 budget.
County obligations under this Contract are subject to budget approval. (Human
Services) Countywide (TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
3. Staff recommends
motion to approve:
A) Contract for Provision of
Services with the Jerome Golden
Center for Behavioral Health, Inc. for the period October 1, 2012, through
September 30, 2013, in an amount not to exceed $42,330, for support services to
homeless individuals; and
B) Contract for Provision of
Services with Comprehensive
Alcoholism Rehabilitation Programs, Inc. for the period October 1, 2012,
through September 30, 2013, in an amount not to exceed $42,330, for support
services to homeless individuals.
Summary: The Jerome Golden Center for Behavioral Health,
Inc. (Golden Center) and Comprehensive Alcoholism Rehabilitation Programs, Inc.
(CARP) provide staffing on the Homeless Outreach Teams related to mental health
and substance abuse assessments. Separate
contracts are provided for these two agencies.
Each contract will receive $42,330.
A total of $84,660 in County funds is included in the proposed FY 2013
budget. County obligations under this Contract
are subject to budget approval. Thomas McKissack of the Golden Center is a
member of the Palm Beach County HIV Care Council. The Board provides no regulation, oversight,
management, or policy-setting recommendations regarding the activities funded
by this Contract. (Human Services) Countywide (TKF)
4. Staff recommends
motion to:
A) receive
and file the Florida Department of Education Project Award Notification No
Cost Extension Letter, extending the period end date to June 30, 2013, to
utilize the Program Year 2011 funds to allow registered participants to
complete training;
B) receive
and file the Florida Department of Education Project Award Notification
Letter, for the period July 1, 2012, through June 30, 2013, in an amount not to
exceed $223,486, to provide academic education and vocational training to farm
workers and their dependents; and
C) approve Budget
Amendment of $117,658 in the Farmworker Jobs & Education Program Fund to
reconcile the grant budget.
Summary: The Florida
Department of Education Project Award Notification Letters were
received on July 19, 2012. The No Cost
Extension Award Letter extends the Program Year 2011 end date to June 30, 2013 to provide tuition and
related assistance to carry over participants.
All other terms of the Program
Year 2011 Project, including the funding amount of $268,486, remain the
same. The Program Year 2012 Award Letter provides for academic education and vocational training to
farm workers and their dependents. No County funds are required. (Farmworker
Jobs & Education Program) Countywide (TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
5. Staff recommends
motion to ratify: the signature
of the Chair on a proposal submitted to the U.S. Department of Health
and Human Services (HHS) in response to a 2012 HHS Partnership to Demonstrate the Effectiveness of
Supportive Housing for Families in the Child Welfare System Grant Application, for a five-year
period, in the amount of $4,999,995. Summary: This proposal to serve local homeless families will pair 50
supportive housing units with individualized wrap-around sets of social
services, proven effective through evidence based research, county expertise
and local data findings to strengthen our most fragile families and effectively
avert foster care placements. The County
through the Department of Community Services Human Services Division will serve
as the Grant Administrator and Fiscal Agent.
Adopt-A-Family, Inc., as a partner at the Homeless Resource Center, will
serve as the Lead Provider and will subcontract with community agencies to
provide additional support services. No
County funds are required and the County will receive up to $149,999 over the
five (5) years for administrative costs.
The emergency signature process was utilized because there was
insufficient time to submit this application through the regular agenda
process. (Human Services) Countywide
(TKF)
6. Staff recommends
motion to ratify: the signature
of the Chair on the Refunding Grant Application with the U.S. Department of
Health and Human Services, for the period October 1, 2012, through September
30, 2013, in an amount not to exceed $17,332,712 for the Head Start/Early Head
Start Programs. Summary: The FY 2012-2013
Full Day/Full Year Head Start/Early Head Start Program will provide
comprehensive child development services to 2,296 children and their families
in Palm Beach County. Sufficient
funding is included in the proposed FY 2013 budget to meet County obligations.
The emergency signature process was utilized because there was insufficient
time to submit this application through the regular agenda process. (Head
Start) Countywide (TKF)
Total Request |
$17,332,712 |
Required Match *County $3,878,214 *CSC
$ 454,964 |
$ 4,333,178 |
Additional County Match |
$ 3,590,653 |
Other Revenue Sources |
$ 30,000 |
Total Budget |
$25,286,543 |
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
7. Staff recommends
motion to:
A) receive
and file Notice of Award from the U.S. Department of Health and Human
Services, for the period October 1, 2011, through September 30, 2012, in an
amount not to exceed $17,332,712; and
B) ratify
the signature of the Chair on the FY 2012 Head Start/Early Head Start Cost of
Living Adjustment (COLA) Application with the U.S. Department of Health and
Human Services, for the period October 1, 2011, through September 30, 2012, in an
amount not to exceed $122,773, for a permanent Cost of Living Adjustment (COLA)
increase; and
C) approve Budget Amendment of $84,604 in the Head Start Fund
to reconcile the grant budget with the actual grant award.
Summary: This COLA increase
will be used to pay for higher operating costs for the grantee and to increase
staff salaries and fringe benefits for the delegates. This increase will be funded with $122,773 in
Federal funds and $30,694 in County funds. Sufficient funding is included in the current budget to meet County
obligations. The Budget Amendment
is aligning the County budget with the Notice of Award. The emergency signature process was utilized because
there was insufficient time to submit this application through the regular
agenda process. (Head Start) Countywide (TKF)
8. Staff recommends
motion to approve:
A) Memorandum
of Agreement with the Children’s Services Council of Palm Beach County, for the
period October 1, 2011, through September 30, 2012, in an amount not to exceed
$55,000 to support Head Start professional development training through Palm
Beach State College Institute of Excellence in Early Care and Education SEEK
Scholarship program; and
B) Memorandum
of Agreement with the Children’s Services Council of Palm Beach County, for the
period of October 1, 2011, through September 30, 2012, in an amount not to
exceed $54,000, to support a Career Advisor position to assist Head Start practitioners
in continuing professional development training through the Palm Beach State
College Institute of Excellence in Early Care and Education professional
development program.
Summary: The Division of Head Start has received funds from the U.S. Department
of Health and Human Services (HHS) to provide professional development
training. As a result, Head Start is contracting with the
Children’s Services Council of Palm Beach County to provide services through
Palm Beach State College for Head Start classroom staff and supervisors. This is the second year of this successful
partnership. The agreements provide enhanced training and professional
development opportunities for Head Start staff and are funded through a
combination of Federal grant and County funds. Sufficient funding is included
in the current budget to meet County obligations. (Head Start) Countywide
(TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
9. Staff recommends
motion to receive and file: fully executed Modification No. 002 to the Community Services Block
Grant (R2012-0931) with the State of Florida Department of Economic Opportunity
for the period October 1, 2011, to September 30, 2012, increasing the grant by
$119,407 for a new amount not to exceed $1,267,374, for self-sufficiency
services to low income families. Summary: This fully executed Modification is being
submitted as a Receive and File agenda item due to adjustments being made to
the budget documents after Board approval on June 19, 2012. The Grantor made adjustments to Modified
Attachment B-2, Modified Attachment B-4 and Modified Attachment C; however,
these adjustments did not affect the overall grant award nor change the County
match requirement. (Community Action Program) Countywide (TKF)
10. Staff recommends motion
to approve: downward Budget Amendment of $36,603 in the
Human Services Division General Fund to align the budget with the actual grant
award. Summary:
Palm Beach County was awarded $63,397
for a one-year non-recurring Homeless Challenge Grant from the State of Florida
Department of Children and Families. Contracts with Coalition for Independent
Living Options, Inc., Adopt-A-Family of the Palm Beaches, Inc., and
Faith-Hope-Love-Charity, Inc. were awarded to provide service delivery to
homeless individuals. The grant
agreement and contracts were approved by the Board on February 7, 2012
(R2012-0233). The Budget Amendment is aligning the County budget with the
actual grant award. No County funds are
required. (Human Services) Countywide
(TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
11. Staff recommends
motion to approve:
A)
Child Care Food Program (CCFP) Budget for Sponsors of Multiple Sites,
with the State of Florida Department of Health (DOH), for the period October 1,
2012, through September 30, 2013, in an amount not to exceed $1,159,287, for
catered meals served to Head Start/Early Head Start children;
B) CCFP
Annual Information Update and Certification for Sponsors of Affiliated Child
Care Centers;
C) Delegation of Signing Authority for the
CCFP, authorizing the Department of Community Services Director to sign program
documents required by the State of Florida Department of Health (DOH); and
D) Principal Attestation Statement Regarding
Business Integrity and Publicly-Funded Programs.
Summary: The Head
Start/Early Head Start (HS/EHS) Program will participate in the Fiscal Year
(FY) 2012-2013 CCFP by providing 1,010 infants, toddlers and children with
breakfast, lunch, and a snack each day.
Due to the Healthy, Hunger-Free Kids Act of 2010 (Act), there will no
longer be an annual CCFP contract renewal process. The Act requires sponsors to
submit an initial application for a permanent contract and periodically update
the information in lieu of submitting a new application yearly. A permanent contract was approved by the
Board on September 13, 2011 (R2011-1311).
The Budget for Sponsors of Multiple Sites form is determined utilizing
the Projected Earnings Worksheet provided by the DOH. HS/EHS staff projects
reimbursements for FY 2013 to be $911,000 in State funds matched with $248,287
in County funds. The Annual Information
Update and Certification form is a requirement of the Act and necessary to
update any previously submitted CCFP forms. The Delegation of Signing Authority
form will allow a representative, other than the Chair, to sign any additional
forms from the DOH during the contract period. The Principal Attestation Statement
form is signed by all Principals in publicly-funded programs to assure that
violation of program requirements or business integrity has not occurred during
the past seven (7) years. Sufficient
funding is included in the proposed FY2013 budget to meet County obligations. (Head
Start) Countywide (TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY
SERVICES (Cont’d)
12. Staff recommends
motion to approve:
Delegate Agency Amendments to the FY 2012 Delegate Agency Agreements, for the
period October 1, 2011, through September 30, 2012, for a permanent Cost of
Living Adjustment (COLA) increase:
A) Amendment
No. 001 to Florence Fuller Child Development Centers, Inc. (R2011-1899) for
$4,159 for a new total amount not to exceed $1,009,878;
B) Amendment
No. 001 to Hispanic Human Resources Council, Inc. (R2011-1892) for $6,957 for a
new total amount not to exceed $1,689,604; and
C) Amendment
No. 001 to The Young Women’s Christian Association of Palm Beach County, Florida,
Inc., (R2011-1891) for $2,239 for a new total amount not to exceed $543,871.
Summary: The Delegates will utilize the COLA award to
increase salary and fringe benefits as submitted in the funding application and
contingent upon approval by the Region IV Office of Head Start and the grantee. County obligations under this agreement are
subject to receipt of Notice of Award. No
County funds are required. (Head Start) Countywide
(TKF)
13. Staff recommends
motion to approve: Amendment No. 01 to the Contract for Provision of Financial Assistance with Area Agency
on Aging of Palm Beach/Treasure Coast, Inc. (R2012-0425) to revise Exhibit A –
Scope of Work to reflect new funding allocations between the different funding
sources. Summary: Palm Beach County through the
Financially Assisted Agencies Program (FAA) contracts with Area Agency on Aging
of Palm Beach/Treasure Coast, Inc. (AAA) for match funds necessary to leverage
federal and state grant dollars. Two (2) of the four (4) programs that originally received funding
have been modified. The
AmeriCorps funding ended on March 31, 2012, and was not renewed and the Retired
and Senior Volunteer Program (RSVP) funding was
reduced which requires a reduced match amount.
AAA would like to move $40,169 allocated to those two (2) programs to
the Older Americans Act IIIB funding line.
This does not reflect a change in the overall funding. Countywide
(TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: an Extension of Time to the following Joint
Participation Agreements (JPA) with the Florida Department of Transportation
(FDOT):
A) Construct Taxiway L at Palm Beach International Airport,
Fin. Proj. No.: 420373-1-94-01 approved
by the Board on October 16, 2007 (R2007-1794) is hereby extended until December
31, 2013;
B) Taxiway M Rehab at North Palm Beach County General
Aviation Airport, Fin. Proj. No.: 427903-1-94-01 approved by the Board on June
29, 2010 (R2010-1009 and R2010-1010) is hereby extended until December 31,
2013;
C) Security Enhancements & Improvements at Palm Beach
International Airport, Fin. Proj. No.:
427911-1-94-01 approved by the Board on June 29, 2010 (R2010-1013 and
R2010-1014) is hereby extended until December 31, 2012;
D) Construct Apron, Taxilanes & Infrastructure at North
Palm Beach County General Aviation Airport, Fin. Proj. No.: 427912-1-94-01
approved by the Board on June 29, 2010 (R2010-1003 and R2010-1004) is hereby extended
until December 31, 2013;
E) Parking Garage Rehab & Repair at Palm Beach
International Airport, Fin. Proj. No.: 427913-1-94-01 approved by the Board on
June 29, 2010 (R2010-1005 and R2010-1006) is hereby extended until December 31,
2013;
F) Air Cargo Apron Expansion & Rehab at Palm Beach
International Airport, Fin. Proj. No.: 427914-1-94-01 approved by the Board on June
29, 2010 (R2010-1011 and R2010-1012) is hereby extended until December 31,
2013;
G) Southside Hangar Development & Infrastructure at
Palm Beach County Park Airport, Fin. Proj. No.: 427915-1-94-01 approved by the
Board on June 29, 2010 (R2010-1001 and R2010-1002) is hereby extended until
December 31, 2013; and
H) Construct Taxiway C4 & Shoulders at Palm Beach International Airport, Fin. Proj. No.: 427916-1-94-01 approved by the Board on June 29, 2010 (R2010-1007 and R2010-1008) is hereby extended until March 31, 2013.
SUMMARY: Delegation of authority
for execution of the above Extensions of Time to the JPAs with the FDOT was
approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
2. Staff recommends
motion to delegate: authority
to the County Administrator or his designee to accept and approve a Google
Online Agreement with Google, Inc. to collect location information for work
associated with Google Indoor Maps at Palm Beach International Airport (PBIA). SUMMARY: The Department of Airports (Department)
would like to bring Google Indoor Maps to PBIA to assist passengers traveling at
PBIA. Several airports in the United
States are already participating in this new program which uses WiFi (wireless
Internet signals) inside a building which detects where you are and what’s
around you. This indoor mapping program
will guide travelers around the terminal to find public areas such as stores
and restaurants (by name), locating restrooms, ticket counters, escalators,
exits and emergency defibrillators. It does not show secure areas of the airport not open to the public
such as ramps or baggage handling areas. The Department is requesting approval of the
delegation of authority to the County Administrator or his designee to accept
and approve the Google Online Agreement with Google, Inc. for PBIA at no
cost. Countywide (AH)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: a list of
twelve (12) charitable organizations to benefit from the proceeds (coins) from
the fountain at Palm Beach International Airport during the period October 1,
2012, through September 30, 2013. SUMMARY:
On March 14, 1989, the Board approved the concept of collecting contributions
from the Airport’s fountain on a monthly basis and contributing the funds to a
different charitable organization recommended by the Community Services
Department and approved by the Board.
The Department of Airports recommends the non-profit organizations
listed on Attachment “A” (to the Agenda Item) provided by the Community
Services Department to receive contributions for the forthcoming fiscal year,
commencing October 1, 2012. Average
monthly contributions for the past year have been approximately $50. In
addition, the list will be provided to Paradies-Palm Beach, LLC.,
the Airport’s retail concessionaire, who will send the contribution from the
fountain in its gift shop areas along with an additional contribution of $250
to the recommended recipients pursuant to its concession agreement. Countywide
(AH)
4. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, adopting an Airport Concession Disadvantaged
Business Enterprise Program (ACDBE) for the Department of Airports
(Department); authorizing the County Administrator or his designee to execute
the ACDBE Program Policy Statement, to transmit the ACDBE Program to the
Federal Aviation Administration (FAA) for approval and to make certain
adjustments to the ACDBE Program; repealing prior resolutions to the extent of
any conflict; and providing for an effective date. SUMMARY: The County, as an airport sponsor receiving Airport
Improvement Program grant funding, is required to adopt and implement an ACDBE
Program for the Department pursuant to 49 CFR Part 23. The U.S. Department of Transportation
recently adopted rules modifying several of the provisions of 49 CFR Part
23. This Resolution adopts an updated
ACDBE Program for the Department and authorizes the County Administrator or his
designee to execute the ACDBE Program Policy Statement and transmit the ACDBE
Program to the FAA for approval. This
Resolution also authorizes the County
Administrator or his designee to make adjustments to the ACDBE Program from
time to time to ensure compliance with 49 CFR Part 23; document changes in
County or Departmental procedures or polices; or as otherwise required or
recommended by the FAA, the Unified Certification Program for the State of
Florida, or applicable federal regulations, policies, guidance documents, or
orders. Any changes to the ACDBE Program shall be
filed in the Minutes of the Clerk of the Board and be subject to approval by
the FAA as provided in 49 CFR Part 23.
Countywide (AH)
5. Staff recommends
motion to receive and file: Off-Airport Parking Lot Operator Ground
Transportation Permit with AmeriPark, LLC, d/b/a AirValet commencing July 18,
2012, terminating September 30, 2012, automatically renewed on yearly basis
(October 1st through September 30th). SUMMARY: Delegation of authority for execution of the
standard County agreement above was approved by the Board of County
Commissioners in R2010-1107. Countywide (AH)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to receive and file: License Agreement with DTG Operations, Inc.
(DTG) commencing July 1, 2012 and expiring July 7, 2012, for the parking of vehicles
in connection with DTG’s rental car operation at the Palm Beach International
Airport (PBIA), for payment of a license fee in the amount of $677. The License Agreement may be renewed for one
week intervals at the rate of $677 per week, provided that there shall be no
renewal beyond September 30, 2012. SUMMARY:
Delegation of authority for execution of the standard license agreement was
approved by the Board in R2007-2070. This License Agreement provides for the
use of approximately 40,000 square feet of overflow parking area nearby the DTG
rental car facility at PBIA, for use solely for the parking of vehicles in
connection with DTG’s rental car operation at PBIA. Countywide (AH)
7. Staff recommends
motion to approve: the
Professional Services Agreement with Corgan Associates, Inc. in the amount of
$1,491,800 for the performance of professional planning and design services
related to the Baggage Handling System (BHS) Improvements at Palm Beach
International Airport (PBIA). SUMMARY:
In order to carry out the BHS Improvements project at PBIA, the Department of
Airports requires professional design and engineering services. In accordance with Florida Statutes 287.055
and the Federal Aviation Administration's Advisory Circular 150/5100-14
(current edition), Corgan Associates, Inc. was competitively selected to
provide these services. This Agreement,
in the amount of $1,491,800, will provide the Department of Airports with the
needed professional services to implement this approved Capital Improvement
Project. Corgan Associates, Inc. is a
Dallas, Texas based firm, however, the work will be completed in conjunction
with two (2) Palm Beach County subconsultants and firms. The services performed
during the term of this contract will be eligible for State and Federal grant
participation; as such, the proposed
fee for these tasks has been verified in accordance with FAA Advisory Circular
150/5100-14C by use of an Independent Fee Analysis conducted by a neutral third
party firm (Ricondo & Associates, Inc.).
A Disadvantaged Business
Enterprise (DBE) goal of 12% was set for this contract. The DBE participation
for this contract is 18%, which exceeds the established goal. Countywide (JCM)
8. Staff recommends
motion to:
A) adopt a Resolution approving a Joint
Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) in the amount of $500,000 for Wetland Mitigation at North
Palm Beach County General Aviation Airport (F45); and
B) approve a Budget Amendment of
$1,000,000 in the Airport’s Improvement and Development Fund to provide for new
capital expenditures; the receipt of $500,000 of grant funding from the FDOT,
and local funding of $500,000 from Airport Reserves.
SUMMARY: The FDOT has issued a JPA reflecting their commitment of
funding to the above referenced project in the amount of $500,000 or 50.00% of
the eligible project costs, whichever is less. Countywide (AH)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
9. Staff
recommends motion to:
A) adopt a Resolution approving a Joint
Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) in the amount of $2,300,000 to rehabilitate Itinerant
Apron at Palm Beach County Park Airport (LNA); and
B) approve a Budget Amendment of
$2,875,000 in the Airport’s Improvement and Development Fund to provide for new
capital expenditures; the receipt of $2,300,000 of grant funding from the FDOT,
and local funding of $575,000 from Airport Reserves.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $2,300,000 or 80.00% of the eligible project costs, whichever is
less. Countywide (AH)
10. Staff
recommends motion to:
A) adopt a Resolution approving a Joint
Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) in the amount of $420,000 for rehab Runway 3/21 and
Runway 9/27 Intersection and miscellaneous airfield pavement repairs at Palm
Beach County Park Airport (LNA); and
B) approve a Budget Amendment of
$525,000 in the Airport’s Improvement and Development Fund to provide for new
capital expenditures; the receipt of $420,000 of grant funding from the FDOT;
and local funding of $105,000 from Airport Reserves.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $420,000 or 80.00% of the eligible project costs, whichever is
less. Countywide (AH)
11. Staff
recommends motion to:
A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) in the amount of $3,150,000 for Golfview
Apron, Taxilanes/Taxiway, infrastructure at Palm Beach International Airport
(PBIA);
B)
approve a Budget Amendment
of $300,000 in the Airport’s Improvement and Development Fund to increase the
total project cost to $6,300,000 and increase FDOT grant revenue by $150,000 to
$3,150,000; and
C)
approve a Budget Transfer of $150,000 in the Airport’s Passenger Facility Charge
Fund to increase the total revenue to $3,150,000.
SUMMARY: The FDOT has issued a
JPA reflecting their commitment of funding to the above referenced project in
the amount of $3,150,000 or 50.00% of the eligible project costs, whichever is
less. Countywide (AH)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
12. Staff
recommends motion to:
A) adopt a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with
the Florida Department of Transportation (FDOT) increasing the original
FDOT funding share by an additional $280,000 and revising the total cost of the
project to construct hangars at North Palm Beach County General Aviation
Airport; and
B) approve a Budget Amendment of
$350,000 in the Airport’s Improvement and Development Fund to increase the
total project to $967,690 and increase FDOT grant revenue by $280,000 to
$774,152. Also included is $70,000 of local
funding from Airport Reserves.
SUMMARY: On August 16, 2011, the Board of County
Commissioners adopted a Resolution (R2011-1157) approving a Joint Participation
Agreement (JPA) with the FDOT in the amount of $494,152 or 80.00% of the
eligible project costs, whichever is less, to construct hangars at North Palm
Beach County General Aviation Airport.
The FDOT has issued SJPA Number 1 increasing the original funding share
by an additional $280,000 for a revised FDOT participation of $774,152. Per paragraph 3.00 of the original JPA, the
total estimated cost of the project is $617,690. SJPA Number 1 increases the total cost of the
project by an additional $350,000 bringing the revised total cost of the project
to $967,690. The County’s local share will be $193,538 of
the project cost. Countywide (AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
A) a Budget Amendment of $20,000 in Public
Building Improvement Fund to establish a project for Early Head Start - Delray
Beach Village Academy; and
B) a Budget Transfer of $20,000 from the General
Fund, Facilities & Development Operations Department to Public Building
Improvement Fund to establish the budget for Early Head Start - Delray Beach
Village Academy.
SUMMARY: The County
and the School Board have been working to integrate Head Start sites (including
early Head Start) into schools to advance the School Board’s objective of
increasing early childhood programs while allowing the County to identify new
locations for Head Start classrooms. This partnership will serve children in
the elementary school that will most likely attend providing services from 0- 5
years and transition to same facility for grades K-12. The Delray Beach Early Head Start Program
currently serves 16 children from the ages of 1 – 36 months. Since 2002 the
County has leased a building and surrounding land for the Early Head Start program.
Head Start Division is finalizing a contract with the School Board to expand
the current Head Start child care services at the Village Academy to include
Early Head Start child care services at which time the Lease will be terminated
and the Early Head Start child care services contracted to the School Board.
The School Board is anticipating commencing the EHS Contract services by March
31, 2013, via a contract to be presented to the Board at a later date. That EHS
Contract will require the County to fund improvements and equipment necessary
to modify the Village Academy to accommodate Early Head Start. The $20,000 in
operating funds is a result of deferred or un-needed maintenance at the Lease
Premises and other Head Start facilities in FY 12 and the budget amendment will
establish a capital project which will ultimately be used to fund the County’s
capital obligations in the future EHS Contract. (FDO Admin)
Countywide/District 7 (JM)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: a Contract with M.A.C. Construction, Inc. in the
amount of $891,000 to provide replacement bus lifts at the Palm Tran North and
South Maintenance Facilities in West Palm Beach and Delray Beach. SUMMARY: The
existing bus lifts are frequently out of service due to a variety of problems
with parts. The original manufacturer is out of business and no new replacement
parts are available. The work consists of replacing the complete lift machinery
for two of the existing in-ground bus lifts for Palm Tran North and three of
the existing in-ground bus lifts for Palm Tran South. This project is fully funded by a grant from
the U.S. Department of Transportation, Federal Transit Administration (FTA) and
governed by the provisions listed under the Master Grant Agreement FTA MA (17)
dated October 1, 2010. Davis Bacon
requirements including a Disadvantaged Business Enterprise (DBE) goal of 10%,
and prevailing wage provisions shall apply to this Contract. M.A.C. Construction, Inc. has included DBE
participation of 10%. The total
construction duration is 150 days.
M.A.C. Construction, Inc. is a Palm Beach County company. (Capital
Improvements) District 7 (JM)
3. Staff recommends
motion to approve: Assignment of contract with MPA Architects, Inc.
(R2011-0122) for architectural services on a Continuing Contract Basis. SUMMARY:
On February 1, 2011, the Board entered into a contract with MPA Architects,
Inc. for architectural services on a continuing contract basis. MPA Architects,
Inc. has advised the County that they have ceased operations on August 20,
2012, and the MPA principals will be joining another local architectural firm,
Tercilla, Courtemanche Architects, Inc.
Tercilla, Courtemanche Architects, Inc. has offered to assume all of the
contractual requirements of MPA Architects including any future projects
assigned to the Architectural Continuing Services Contract and will complete
the open MPA projects. Staff has reviewed the request and as Tercilla,
Courtemanche Architects, Inc. has the proper license and insurance, staff
recommends assigning the MPA Architects, Inc. contract to Tercilla,
Courtemanche, Inc., so as to not delay completion or interrupt continuity of
the current projects. (Capital Improvements Division) Countywide (JM)
4. Staff
recommends motion to approve: an Interlocal Agreement with the City of Greenacres (City) for the
provision of radio maintenance services. SUMMARY: This Agreement provides for
the provision of radio equipment (subscriber units and consoles) maintenance
services to the City by Facilities Development & Operations and Electronic
Services & Security Division (FDO/ESS).
The services are to be charged on an hourly basis at a cost of
$65/hr/person and $97.50/hr/person for overtime work. In the event that the County must out-source
the labor, a separate labor rate is provided.
The maintenance costs for the radio consoles is
provided on a lump sum basis pursuant to the County’s Master Service Agreement
with Motorola. The maintenance cost for
the radio consoles for FY 2013 is $7,423.32.
The rates may be adjusted annually with notification by June 1
(effective the following October 1) at the County’s sole discretion, but in no
event shall the City’s fee schedule exceed the fee schedule applied to County departments. The term of the Agreement is for three (3)
years commencing on September 11, 2012, with one (1) renewal option for a
period of three (3) years. The Agreement
may be terminated by either party, with or without cause with a minimum of
three (3) months notice. The County has been providing radio equipment
maintenance services to the City since October 1, 2006. (ESS) District 2/Countywide (JM)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff
recommends motion to approve: a Declaration of Perpetual Traffic Signal
Easement in favor of the County for mast arm traffic signals located on a
portion of John Prince Park and Lantana Airport properties in Lake Worth. SUMMARY: Engineering is upgrading the
traffic signal at the intersection of John F. Kennedy Drive and Congress Avenue
in Lake Worth with mast arm traffic signals. Due to underground utility
constraints, the mast arms on the east side of this intersection will be
located on parts of both Airports and Parks and Recreation property, rather
than in the right-of-way. Located at
this intersection is a service entrance road to County buildings used by
Parks. The Declaration of Easement
encumbers three easement areas totaling 1398 square feet (0.03 acres) and
provides for the maintenance thereof. The Declaration of Perpetual Traffic
Signal Easement will be recorded to provide public notice of the existence and
location of traffic signal improvements on County property. (PREM) District
3 (HJF)
6. Staff recommends
motion to receive and file: a termination of the Sublease and Fuel
Provision Agreement between Palm Beach County and the City of West Palm Beach (R2006-2005),
as amended, for the City’s use of a portion of the Palm Beach County Sheriff’s
Office Aviation Unit Facility at Palm Beach International Airport. SUMMARY: On September 12, 2006, the
City entered into the Sublease and Fuel
Provision Agreement (Sublease Agreement) with the County to occupy a portion of
the PBSO Aviation Unit Facility in the southwest corner of PBIA. On September
9, 2008, the Board approved Amendment No. 1 to the Agreement (R2008-1481) that
documented changes to the scope of work for the construction of the Aviation
Unit Facility. In a July 16, 2012, letter from the City, the City informed the
County of their intent to vacate and surrender the sublet Premises;
accordingly, the Sublease Agreement is now to be considered terminated.
(PREM) District 2 (HJF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: four (4) Agreements and six (6) Amendments to
Agreements, as follows:
A) Agreement with the City of Riviera Beach under the 2005 Disaster
Recovery Initiative Program (DRI2);
B) Agreement with the City of Delray Beach under the 2005 Disaster Recovery
Initiative Program - Supplemental Appropriation (DRI3);
C) Agreement with the West Palm
Beach Housing Authority under the 2008 Disaster Recovery Initiative Program
(DRI4);
D) Agreement with the City of Riviera Beach under Neighborhood
Stabilization Program (NSP1);
E) Amendment No. 002 to the
Agreement (R2011-0616) with the
Boca Raton Housing Authority under DRI3;
F) Amendment No. 002 to the
Agreement (R2011-0618) with the Boca Raton Housing Authority under DRI3;
G) Amendment No. 002 to the
Agreement (R2011-0623) with the Palm Beach County Housing Authority under DRI3;
H) Amendment No. 001 to the
Agreement (R2011-1795) with the Town of Jupiter under DRI4;
I) Amendment No. 001 to the
Agreement (R2011-1796) with the West Palm Beach Housing Authority under DRI4;
and
J) Amendment No. 005 to the
Agreement (R2010-1036) with the Village of Wellington under NSP1.
Summary: In
accordance with County PPM CW-0-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. The Agreements and Amendments have been fully executed on behalf
of the Board of County Commissioners (Board) by the County Administrator, or
designee, in accordance with Agenda Items R2006-1351, R2007-1524, R2009-1677,
and R2011-1384, approved by the Board on July 18, 2006, September 11, 2007,
October 6, 2009, and September 13, 2011, respectively. The Agreements and
Amendments are now being submitted to the Board to receive and file. These are Federal DRI2, DRI3, DRI4 and
NSP1 funds which require no local match. (DES Contract Development) Districts
1, 2, 4, 6 and 7 (TKF)
2. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2011-2040) with
The Salvation Army to increase the grant amount from $30,000 to $35,787.29. Summary: On December 20, 2011, the
Board of County Commissioners approved an Agreement (R2011-2040) which
allocated $25,000 in Emergency Shelter Grant Program (ESGP) funds to The
Salvation Army. These funds were
allocated for operating costs of their Center of Hope facility, a transitional
housing facility for homeless men located at 1577 North Military Trail, West
Palm Beach. On June 19, 2012, the County
approved Amendment No. 001 (R2012-0895) to the Agreement which allocated an
additional $5,000. Amendment No. 002
will add another $5,787.29 to the grant amount for the purchase of bulk food
for the homeless shelter. At their
meeting of May 7, 2012, the Homeless Continuum of Care Grant Review Committee
recommended that these funds be awarded to The Salvation Army. The additional $5,787.29 is accumulated
unused funds from several other agencies. These are Federal ESGP
funds for which the required local match will be provided by The Salvation
Army. (Strategic Planning) Countywide (TKF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to approve: Amendment No. 002 to an Agreement (R2011-2016) with
FoundCare, Inc. (FoundCare) to allow the Agency to seek reimbursement from the
County for each client visit. Summary: On December 20, 2011, the
Board of County Commissioners approved an Agreement (R2011-2016) which
allocated $50,439 in Community Development Block Grant (CDBG) funds to
FoundCare for the provision of health care services to uninsured low and
moderate income clients. On June 19,
2012, the County approved Amendment No. 001 (R2011-2016) to the Agreement which
allocated an additional $22,400 to FoundCare bringing the total allocation to
$72,839. According to the Agreement,
reimbursement can only be made once per client regardless of how often services
are provided to the client. Amendment
No. 002 allows reimbursement each time an eligible client receives health care
services. These are Federal
CDBG funds which require no local match. (DES Contract Development) Countywide
(TKF)
4. Staff recommends
motion to approve: a Consent for Sharon Battle, a relative of Palm
Beach County employee Sheila Brown, to receive $15,000 in State Housing
Initiative Partnership (SHIP) funds under the Foreclosure Prevention Program as
administered by the Department of Economic Sustainability (DES). Summary: Sharon Battle, an
unmarried woman, is an income eligible applicant who is seeking to receive
$15,000 in financial assistance to bring her mortgage current. She is the sister of Sheila Brown who has
been employed with DES since December 2007.
Ms. Battle is facing foreclosure as she is 24 months delinquent on her
first mortgage with Bank Atlantic due to an unexpected loss of employment. Recently, she has regained permanent full-time
employment with the City of Riviera Beach.
On August 14, 2008, Ms. Battle received assistance through Palm Beach
County’s Purchase Assistance Program in the amount of $45,000 which was secured
by a second mortgage. Palm Beach County
will secure the $15,000 foreclosure prevention assistance to Ms. Battle with a
third mortgage on her home. The existing
second mortgage and proposed third mortgage require no repayment if Ms. Battle
resides in the home as her principal place of residence. The second mortgage requires a residency
period of 30 years and the third mortgage will require a residency period of
five (5) years. During these residency
periods, if Ms. Battle rents, sells, or otherwise conveys her home, she will be
required to repay the County the entire amount of the mortgage on which she
defaults. These are State SHIP funds which require no local match.
(B&HI) District 7 (TKF)
5. Staff recommends motion
to adopt: a Resolution by the Board of County Commissioners
of Palm Beach County, Florida, providing support in the form of in-kind
services for the Link Up 2012® international
trade event to be held October 10, 2012 in West Palm Beach, Florida, and
approving use of the Palm Beach County Logo by Orbis Strategy Group in
promotional and program materials produced for this event. Summary: Orbis Strategy Group (Orbis) has organized Link Up 2012®, an international business
event scheduled for October 10, 2012 in West Palm Beach. The event will provide a forum for Florida
companies to introduce their businesses, products and services to foreign trade
commissioners from nations all over the world and for those trade commissioners
to promote their home countries, their products and industry opportunities.
Foreign trade commissioners from 72 countries, having consulate offices located
in Miami, Florida have been invited to participate in this event. Orbis is working in coordination with the
Palm Beach County Convention & Visitors Bureau to plan presentations and
functions in connection with the event.
Additionally, Orbis has requested to use the County Logo in its
promotional and program materials to convey Palm Beach County’s support and
participation in Link Up 2012®. No County funding
will be provided. Countywide (DW)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
6. Staff recommends
motion to adopt: a Resolution by the Board of County
Commissioners (BCC) of Palm Beach County, Florida, authorizing the submittal of
a New Market Tax Credit (NMTC) Program Application with Palm Beach County (PBC)
as the Controlling Entity in the amount of $40,000,000 to the United States
Department of the Treasury (Treasury) Community Development Financial
Institutions (CDFI) Fund; authorizing the acceptance of the funds awarded;
authorizing the Department of Economic Sustainability (DES) to establish and
manage the NMTC Loan Program; and authorizing the County Administrator or his
designee to execute the required documents to implement the NMTC Loan Program
and issue debt obligations pursuant thereto.
Summary: This Application will request an allocation
of Federal funds totaling $40,000,000 to stimulate private investment capital
that in turn will facilitate economic and community development in low-income
communities and create jobs in Palm Beach County. The NMTC Program draws
investment capital by permitting individual and corporate investors to receive
a tax credit totaling 39% against their Federal income tax in exchange for
making equity investments in specialized financial institutions called
Community Development Entities (CDE). The application requires that every
Community Development Entity Applicant designate a Controlling Entity. The
Controlling Entity Agreement with CDE (CIDC), approved on July 19, 2011 by the
BCC, designates Palm Beach County as the Controlling Entity and non-member
manager, providing Management Control and Management Voting Control over the
CDE. The CDE will provide financing from a pool of investment funds in the form
of loans to qualified businesses within Palm Beach County. Some examples of
projects included in the application are the Convention Center Hotel, the
Riviera Beach Public Market, four (4) projects in the Glades Community, one (1)
project in Lake Worth, and two (2) in unincorporated Palm Beach County. The types of businesses range from mixed use
projects, wholesale distributors, to retail and manufacturing. DES will receive
an annual allocation of revenue to offset administrative costs over a seven (7)
year period. The loan recipient will be responsible for paying the debt of the
loan. No County funds will be pledged to
complete any project funded by the NMTC Program. These are Federal funds that
do not require a match. (DES Administration) Countywide (DW)
K. WATER UTILITIES
1. Staff
recommends motion to receive and file: executed Agreements received
during the month of June, 2012:
A) Standard
Development Agreement with Margie L. Bellamy, Trust dated December 19, 1984,
SDA No. 01-01224000 (District 2);
B) Standard
Indemnity Agreement with Pina Residential, LLC; assignment of SDA No. 01-01161-000 (District 2); and
C) Amendment No. 1 to
Agreement No. 4600002550 with South Florida Water Management (District 6).
Summary: In accordance with County PPM CW-0-051, all delegated
contracts/agreements/ grants/procurement items must be submitted by the
initiating Department as a receive and file agenda
item. The Standard Development
Agreement, Indemnity Agreement and Amendment have been fully executed on behalf
of the Board of County Commissioners (Board) by the County
Administrator/Director/Deputy Director of the Water Utilities Department/Director
of Purchasing in accordance with Resolutions R93-1619, R96-0228, and R2003-0539
and are now being submitted to the Board to receive and file. (MJ)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff
recommends motion to approve: an
Agreement with Mrs. Vivian D'Angio to fund the Claude D'Angio Internship in
Chemistry within the Palm Beach County Water Utilities Department (PBCWUD). Summary: Under the Agreement, Mrs. Vivian D'Angio
(Donor) would pay an annual payment of $14,000 to cover the cost of an intern
to work up to 1000 hours per year in chemistry related work at PBCWUD. The intern must be a college student majoring
in chemistry or related physical science or science education, and would be
paid $12 per hour, the remainder of the funding going to required payroll
obligations. The Agreement is for one
(1) year but may be extended by Donor by providing a written extension letter
and payment of funding for the following year.
Failure to execute the extension letter or submit the funding shall
result in termination of the agreement.
Failure of County to execute the extension letter shall result in
termination of the agreement and in such case the County shall return the check
to Donor with 10 days of receipt. Countywide (MJ)
3. Staff recommends
motion to approve: Work
Authorization No. 3 to the Contract for Water, Wastewater and Reclaimed Water
Improvements Design-Build Services with Globaltech, Inc. (R2012-0159) for the
Glades Utility Authority’s (GUA) South Bay Repump Station improvements in the
amount of $290,022. Summary: On January 24, 2012, the Palm Beach County
Board of County Commissioners approved the Water Utilities Department
Optimization and Improvements Design/Build
Services Contract with Globaltech, Inc. for treatment plant and regional
pump station projects. Palm Beach County
Water Utilities Department is implementing this project under its Management
& Operations Contract with the GUA. Funding for the project is from a
Community Development Block Grant made available through the Department of
Economic Sustainability (DES). This Work Authorization is a fixed price for
new pumps, motors, electrical system and internal improvements for the South
Bay Repump Station. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The contract with Globaltech, Inc. provides for SBE participation of 75% overall. This Authorization
includes 72.55% overall participation. The cumulative SBE participation,
including this Work Authorization, is 76.08% overall. Globaltech is a Palm Beach County and
Certified SBE Company. (WUD Project No. 12-030)
District 6 (JM)
4. Staff recommends
motion to approve: Work
Authorization No. 5 to the Contract for Water, Wastewater and Reclaimed Water
Improvements Design-Build Services with Globaltech, Inc. (R2012-0159) for Water
Quality Monitoring System in the amount of $399,844. Summary: On January 24, 2012, the Palm Beach County
Board of County Commissioners approved the Contract for Water, Wastewater and
Reclaimed Water Improvements Design-Build Services with Globaltech, Inc. (R2012-0159). This Work Authorization provides for installation of a distribution
monitoring system. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
Globaltech, Inc. provides for
SBE participation of 75.00% overall. This Authorization
includes 97.58% overall participation. The cumulative SBE participation,
including this Work Authorization, is 98.10% overall. Globaltech is a Palm Beach County and
Certified SBE Company. (WUD Project No. 10-072)
Districts 2, 3, 5 & 6 (JM)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: Consultant Services Authorization No. 12 to the
Electrical, Instrumentation and Telemetry Engineering/Professional Services Contract with Hillers Electrical Engineering, Inc. (R2011-0637) for the Water
Treatment Plant No. 9 (WTP 9) Programmable Logic Controller (PLC) Programming
in the amount not to exceed $149,536.40.
Summary: On May 3,
2011, the Palm Beach County Board of County Commissioners approved the
continuing Contract for Electrical, Instrumentation and Telemetry Consulting
Services with Hillers Electrical Engineering, Inc. (R2011-0637) to obtain
engineering/ professional service for utility related projects. The existing
WTP 9 PLC's are becoming obsolete and are being upgraded to a newer version
which is necessary to assure uninterrupted water treatment in the event of a
PLC system failure. This Consultant Services
Authorization will provide for re-programming of all plant functions controlled
by the PLC's. The new PLC system will
also improve operational efficiency through enhanced monitoring of electric
power consumption. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The Contract with Hillers Electrical Engineering,
Inc. provides for SBE participation of 80% overall. This authorization includes 100% overall
participation. The cumulative SBE
participation, including this Consultant Services Authorization is 100%
overall. Hillers Electrical Engineering,
Inc. is a Palm Beach County and Certified SBE Company. (WUD Project No. 12-014) District 5
(JM)
6. Staff
recommends motion to approve:
A) an Interlocal Agreement with the Town of Mangonia
Park (Town) for installation of Emergency Generators (Interlocal Agreement);
and
B) a Contract in the amount of $345,794 with All
Florida Contracting Services, LLC for the Mangonia Park Lift Station Generators
(Contract).
Summary: The Interlocal Agreement provides the terms
and conditions under which the County shall manage the installation of seven
(7) emergency generators for six (6) of the Town's lift stations and one (1)
water supply well. On April 30, 2012, two
(2) construction bids were received for the Town of Mangonia Park Lift
Station Generators, with All Florida
Contracting Services, LLC being the lowest responsive and responsible
bidder in the amount of $345,794. Funding for this project has been allocated
by Palm Beach County Department of Economic Sustainability in connection with
the State's 2008 Disaster Recovery Initiative (DRI-4) Program. As funded under Community Development Block
Grant (CDBG) Subgrant Agreement 10DB-K4-10-60-01-K29 between County and the
State of Florida Department of Community Affairs, Water Utilities Department
will manage the project for the Town and receive reimbursement from the
Grant. This Contract is funded through
the federal DRI Program which is administered by the State of Florida and
includes participation goals of 22.4% MBE and 6.9% WBE. All Florida Contracting Services, LLC has 0% MBE and
0% WBE participation. While All Florida Contracting Services, LLC submitted the MBE/WBE Good Faith
Efforts Form, it did not indicate that good faith efforts were
undertaken. All Florida
Contracting Services, LLC is utilizing a County certified SBE contractor
for the testing services. The Florida Department of Economic Opportunity
has reviewed the justification provided by All Florida Contracting Services, LLC and determined that it is acceptable
to move forward with the award. These are Federal CDBG DRI funds that
require no local match. (WUD
Project No. 11-073) District 7 (JM)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Agreement
Contract No. 018802 with the Florida Department of Agriculture and Consumer
Services (FDACS) for mosquito control reporting requirements performed by the
Department of Environmental Resources Management, for the period October 1,
2012, through September 30, 2013 for an amount not to exceed $18,500; and
B) authorize the County Administrator, or his designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
this Agreement, and necessary minor amendments that do not change the scope of
work or terms and conditions of this Agreement.
SUMMARY: The Agreement provides Arthropod Control
State Aid of up to $18,500 in quarterly installments with monthly reporting
requirements regarding mosquito control activities to the FDACS. The County is
considered a contractor with the State and therefore no match is required. The FDACS Form 13617 Certified Budget must be
delivered to Tallahassee by September 15, 2012.
The signed agreement must be executed and returned not later than
October 1, 2012. Countywide (SF)
2. Staff recommends
motion to adopt: a
Resolution requesting that the Florida Department of Environmental Protection
(FDEP) support funding for shoreline protection projects within its Fiscal Year
2013/2014 Beach Erosion Control Assistance Program. SUMMARY: The County is requesting that
the State appropriate $270,000 for the Coral Cove Park Dune Restoration,
$2,525,609 for the Jupiter/Carlin Shore Protection Project, $125,000 for the Juno
Beach Shore Protection Project, $79,890 for the Singer Island Shore Protection
Project, $390,000 for the Central Palm Beach County Comprehensive Erosion
Control Project, $648,750 for the South Lake Worth Inlet Management Plan, and
$1,894,200 for the Ocean Ridge Shore Protection Project. If the State
Legislature approves funding for all of the projects, the County’s matching
share would be $4,921,169. Districts 1, 4 & 7 (SF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff
recommends motion to:
A) approve Contract with InWater Research Group, Inc.
(IRG), a not-for-profit corporation
based in Martin County, in an amount not to exceed $13,476.20 to continue Phase
IV of an inwater sea turtle population assessment in Lake Worth Lagoon for one
(1) year;
B) adopt
a Resolution authorizing the Clerk to disburse $50,000 from the Pollution
Recovery Trust Fund (PRTF) for costs associated with monitoring of sea turtles
in the Lake Worth Lagoon for this contract and continued monitoring as needed;
C) approve a Budget Transfer of $50,000 within the
PRTF from reserves for costs associated with sea turtle monitoring in Lake
Worth Lagoon; and
D) authorize the County Administrator, or his designee,
to sign all future time extensions, task assignments, certifications, and other
forms associated with the Contract, and necessary minor amendments that do not
change the scope of work, terms or conditions of the Contract.
SUMMARY: This study will continue work that began in
2005 to evaluate sea turtle populations in Lake Worth Lagoon. The Lake Worth Lagoon Management Plan
recommends evaluating sea turtle populations as a means of evaluating the
success of environmental restoration efforts.
Field work will be conducted in 2012 and a report will summarize the
findings. The Contract is funded by the
Pollution Recovery Trust Fund. The
Contract is effective upon execution by both parties and expires June 30, 2013.
Districts 1, 2, 3, 4 & 7 (SF)
4. Staff
recommends motion to approve: no-cost Change Order No. 1 to Annual
Contract
(R2012-0640) with The
Vance Construction Co. (Vance) for the Palm Beach County Annual Artificial Reef
and Breakwater Project No. 2012ERM01, revising the guarantee and bonding
requirements. SUMMARY: The Board of County Commissioners approved two (2) annual construction
Contracts for artificial reefs and breakwaters on May 1, 2012 with Vance
(R2012-0640) as a primary contractor and Center Marine Contracting,
LLC (R2012-0641) as a
secondary contractor. Contract work is assigned by authorized work
orders. ERM offers work to
the secondary contractor only if Vance does not have available equipment or
time to meet specific project requirements in a work order. Vance received (2) work orders and a third is pending.
Vance’s Small Business Enterprise (SBE) participation on three (3) work
orders is 12.23%. Vance’s SBE commitment
on this annual Contract is 15.86%. Change Order No. 1 reduces the guarantee
period from a year to one (1) month since reef construction tasks are easily
verified upon completion. The change
will allow a small company to bond concurrent projects, thereby accelerating
project schedules and eliminating remobilization costs. Change Order No. 1 allows the County to
process final payment on a work order within the time limits of a State grant,
but requires that Vance maintain bonding for the total amount of active work
orders. Countywide (JM)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to:
A) receive and file six (6) original
documents for the Department of Environmental Resources Management:
1) Task Assignment No. SE-180 to the Florida Fish and Wildlife Conservation
Commission (FWC) Contract No. 11077 (R2011-1632) for contracted services to
treat and control invasive exotic plants in the Palm Beach County Loxahatchee
Slough Natural Area;
2) Amendment No.6 to the Florida Department of Environmental Protection
(FDEP) Agreement No. LP6077 (R2006-0579) which changes the completion date of
the Agreement from December 31, 2012, to
December 31, 2013 and revises the Project Work Plan;
3) Task Assignment No. 4 to the Florida Department of Environmental
Protection (FDEP) Grant Agreement S0485 (R2010-0095) for petroleum
contamination site cleanup services on 171 petroleum contaminated sites;
4) Task Assignment No. 6 with the Florida Department of Environmental
Protection (FDEP) Contract No. GC680 (R2007-0882) for contracted services
related to Petroleum Storage Tank Compliance Verification Program in the amount
of $304,791.19 with a performance period of July1, 2012, through June 30, 2013;
5) Grant and Cooperative Agreement L11AC 20221 (R2011-1394) with the U.S.
Bureau of Land Management (BLM) which recognizes an award of $100,000 for the
second year of a five year Agreement to enhance, restore, and monitor natural
resources within the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA);
6) Modifications 3 and 4 to Contract No. 2002 724209070ZO (R2008-0402) with
the U.S. Department of Agriculture (USDA) which provides a scheduling change
for a prescribed burn, substitutes a prescribed burn with brush management, and
deletes tree/shrub planting due to drought conditions in the Hypoluxo Natural
Area; and
B) approve Budget Amendment of $100,000 in the Natural
Areas Fund to recognize the award for BLM Agreement (L11AC 20221) for JILONA.
SUMMARY: On October 18, 2011, the Board of County
Commissioners approved FWC Contract FWC11077 (R2011-1632). Delegated
authority to execute Task Assignments was provided at that time. Budget is the
Natural Areas Fund included in FY 2013. On April 4, 2006, Board of
County Commissioners approved Grant Agreement No. LP6077
(R2006-0579) with the FDEP. Delegated authority to execute Amendments was
provided at that time. No fiscal impact
associated with this item. On January 12, 2010, the Board of County
Commissioners approved FDEP Grant Agreement SO485 (2010-0095) for contracted
services related to the Pollutant Storage Tank Cleanup Program. Delegated authority to execute Task
Assignments was provided at that time.
Budget for FY12/FY13 is included in the Petroleum Storage Tank
Fund. On June 5, 2007, the Board of
County Commissioners approved FDEP Contract GC680 (2007-0882) for activities
related to the Pollutant Storage Tank Compliance Verification Program. Delegated authority to execute Task
Assignments was provided at that time.
Budget for FY12/FY13 is included in the Petroleum Storage Tank Compliance
Fund. On September 13, 2011, the Board of County Commissioners accepted
Cooperative Agreement L11AC 20221 (R2011-1394) with BLM for the management of
JILONA, for a five (5) year period commencing August 3, 2011. Delegated authority was provided at that
time. A Budget Amendment is included for the Natural Areas Fund. On March 11, 2008, the Board of County
Commissioners approved USDA Contract WHIP 2002 724209070ZO (R2008-0402). Delegated authority to execute modifications
was provided at that time. No Fiscal impact associated with this item. Countywide
(SF)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve: First Amendment to the Interlocal Agreement with the School Board of Palm Beach County (R2007-2031)
for the delivery of transitional life skills to students with disabilities. Summary: This Amendment provides for the addition of a
second program location, Westgate Recreation Center; increases the number of
students with disabilities from ten to twenty participating in the Project
ACCESS (Assimilation to Community, Careers, Education and Self-Sufficiency)
program; provides for the addition of one (1) certified teacher; clarifies the
School Board and County’s roles and responsibilities; and extends the term of
the Agreement. Students receive daily living and vocational education from a
certified School Board teacher and leisure and recreation skill development
from Parks & Recreation Club Managers Association of America Therapeutic Recreation
Complex and Westgate Recreation Center staff.
Existing program staff and supplies will be utilized to facilitate this
program resulting in no fiscal impact. Countywide (AH)
2. Staff recommends
motion to approve: transfer of project management under Agreement
R2007-1150 from the Boynton Woman’s Club, Inc. to Boynton Beach Catering, Inc. Summary: On July 10, 2007, the Board approved an
Agreement with Boynton Woman’s Club, Inc. for $75,000 from the 25M GO Parks and
Cultural Improvements Bond Fund to assist in funding of a roof replacement
project. On July 2, 2012, Boynton
Woman’s Club, Inc. entered into a catering and building management agreement
with Boynton Beach Catering, Inc. (a for profit corporation) for a term of 60
months from July 3, 2012, through June 30, 2017, with one five-year renewal
option. Boynton Beach Catering, Inc. is responsible for all day to day
operations and maintenance of the building, including scheduling of all events
and paying all utilities and operational costs for materials, equipment and
supplies. The Boynton Woman’s Club will
receive a percentage of the gross receipts from facility rentals. Members of the Boynton Woman’s Club entered
into this agreement in order to generate enough revenue to continue to keep the
building open and available for its public purpose. In accordance with Section 4.05 of Agreement
R2007-1150, Board approval of the transfer of project management is required
and now requested. District 4 (PK)
3. Staff recommends
motion to approve:
A) Budget Transfer of $9,777 within the 2003 $25
Million General Obligation Recreational & Cultural Facilities Bond from Westgate
Recreation Center Renovation to Recreation Facility Improvements and
Renovations; and
B) Budget Transfer of $49,255 within the 2005
$25 Million General Obligation Recreational & Cultural Facilities Bond from
West Boynton Recreation Center Renovation to Recreation Facility Improvements
and Renovations.
Summary: These budget transfers will provide additional funding necessary to
complete improvement and renovation projects at various recreational
facilities. The Westgate Recreation Center Renovation project and the West
Boynton Recreation Center Renovation project have been completed. These two (2) budget transfers will move the
residual funding from these two (2) projects to the Recreation Facility
Improvements and Renovations project. Countywide (PK)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: executed First Amendment to Independent Contractor
Agreement received during the month of June:
Team Elite Athletic Management International, Inc. d/b/a FLA Aquatics,
USA Swimming and U.S. Masters Swim Teams Coach, Aqua Crest Pool, for the period
January 1, 2012, through June 30, 2012 (FLAAQUA13052801125303E).
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. This Independent Contractor Agreement
Amendment has 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 is now being
submitted to the Board to receive and file. District 7 (AH)
5. Staff recommends
motion to approve: Agreement with Center for Creative Education, Inc. (CCE)
for the period of September 11, 2012, through March 10, 2014, in an amount
not-to-exceed $550,000 for funding of construction costs to the Center for
Creative Education facility ‑ Phase I.
Summary: On June 19, 2012, the Board
approved a reallocation of funding for the CCE under the 2002 $50 Million
Recreation and Cultural Facilities Bond.
The reallocation provides $550,000 ($250,000 from District 2 and $300,000
from District 7) for construction costs at their West Palm Beach facility. This
Agreement will provide funding to help offset costs for Phase I renovations to
the CCE facility and allows for the reimbursement of eligible expenses incurred
subsequent to March 1, 2012. Milestone deadlines for design and construction
are required to be met in order for CCE to receive funding. Districts 2 & 7 (PK)
N. LIBRARY
1. Staff recommends
motion to:
A) submit an Application to the Florida Department of
State, Division of Library and Information Services, for State Aid to Libraries
in an estimated amount of $1,147,111 for FY 2013;
B) approve the associated Agreement for State Aid to
Libraries; and
C) authorize the County
Administrator or his designee to execute any other necessary forms and
certifications.
Summary: The State provides an annual operating grant
to eligible libraries based upon their annual operating expenditures from local
funds. Estimated State Aid revenue has
been included in the County Library’s FY 2013 proposed budget. There is no match requirement for this
grant. Countywide (AH)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: First Amendment to Agreement (R2011-1642)
between Palm Beach County and Housing Partnership, Inc. for continued funding
of a part-time program assistant to conduct a nutrition program at Highland
Elementary School. Summary: On October 18, 2011, the County entered into an agreement (R2011-1642) with Housing
Partnership, Inc. (HPI) which provided for HPI to provide funding to the County
to support a part-time program assistant to conduct a nutrition program at
Highland Elementary School. This
Amendment extends the term of the Agreement an additional 35 weeks, and also provides
that HPI will continue to fund a part-time program assistant to conduct the
Bridges Nutritional Program at Highland Elementary School in amount not to
exceed $14,358. The program assistant is a fully grant funded position and will
be eliminated when the grant term has expired. The funding shall consist of
$8,695 for salary plus $1,148 for fringe benefits, $115 for travel
reimbursement, $200 for Resource Library updated materials, $200 for printing
costs, and $4,000 for food and supplies for food demonstrations, which shall be
paid for by HPI to the County on a reimbursable basis. District 7 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) receive and file an Amendment to
the Memorandum of Understanding with the Department of Children and Families
(DCF);
B) approve reinstating, extending the Contract (R2011-1410) with the Jerome
Golden Center for Behavioral Health, Inc., a not-for-profit agency, from July 31, 2012, to March 28, 2014 and increasing the
amount to $238,820.46 for supportive housing
for individuals with substance abuse or mental health issues leaving the jail;
and
C) approve a downward Budget Amendment of $143,777 to
reconcile the budget with the reduced grant amount.
SUMMARY: The Jerome Golden Center for Behavioral
Health, Inc., formerly known as the Oakwood Center of the Palm Beaches, Inc.,
received $132,968 of the grant funds to provide supportive housing, mental
health and substance abuse treatment services to dually-diagnosed repeat
offenders. The grant funds from the DCF are for a three
(3) year period that will expire in March 28, 2014. The extension of the
contract to March 28, 2014 and the addition of $105,852.46 for a total not to
exceed $238,820.46 will enable the program to be extended. The grantor agency
funding calculation reduces the overall grant amount by the previous year’s
unexpended funds minus interest income. Countywide (PGE)
2. Staff recommends
motion to receive and file: a Justice Assistance Grant (JAG) Program Local
Solicitation Grant award from
the Department of Justice (DOJ) for $175,501 beginning October 1, 2011, through
September 30, 2015 to fund criminal justice programs in the areas of ex-offender
re-entry and drug court treatment. SUMMARY: Palm Beach County, through the Criminal
Justice Commission (CJC), was successful in receiving a grant award of $175,501
from the DOJ to allow for the continuation of the Public Defender Re-entry and
Palm Beach County Adult Drug Court programs. No local match is required for the
JAG program. Countywide (PGE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to approve: the
First Amendment to the
Interlocal Agreement (R2012-0456) with the City of Riviera Beach to
increase the amount by $5,000 to $56,000 for the period January 1, 2012, to
September 30, 2012 to support the Civil Drug Court case management and
substance abuse treatment. SUMMARY: The Board of County Commissioners approved an interlocal agreement
with the City of Riviera Beach for the Civil Drug Court Program which provides
case management services and contracts for residential and outpatient substance
abuse services for indigent clients, court ordered to treatment (R2012-0456).
We are requesting to add an additional $5,000 for drug treatment due to an
increase in demand. This will allow additional substance abuse treatment to be
provided and enable county jail inmates to be released to obtain treatment. Countywide (PGE)
S. FIRE RESCUE
1. Staff recommends
motion to approve: a Memorandum of Agreement with the Children’s
Services Council of Palm Beach
County providing the County funding of up to $50,000 for the Drowning Prevention
Coalition for the period October 1, 2012, to September 30, 2013. SUMMARY:
The Drowning Prevention Coalition program is managed by Palm Beach
County Fire Rescue. However, the program
is funded by multiple sources including the Children’s Services Council (CSC)
of Palm Beach County and the County’s general fund. This Memorandum of Agreement provides the
terms and conditions of the Children’s Services Council of Palm Beach County’s
agreement to provide funding to the County of up to $50,000 for the Drowning
Prevention Coalition program. The
additional funding of this program for FY 2013 is being provided from the
County’s general fund in the amount of $150,000. Countywide (PK)
2. Staff recommends
motion to approve: an Agreement with Bar Education, Inc., d/b/a
Southeastern College, for clinical field experience for the period October 1,
2012, through September 30, 2015. SUMMARY: This Agreement allows Palm
Beach County Fire Rescue to provide clinical field experience to Paramedic and
EMT students of the Southeastern College.
Paramedic and EMT students will respond with County paramedics to
observe and assist in delivering emergency medical care under actual emergency
conditions. This clinical field
experience is a component of the Paramedic and EMT training required for State
certification, and will enhance the available job pool of qualified personnel. Countywide
(SB)
3. Staff recommends
motion to receive and file: five (5) fully executed Interlocal
Agreements with Palm Beach State College (College) for the provision of
professional development training services provided by the College to Palm
Beach County Fire Rescue employees. SUMMARY: Five (5) Interlocal
Agreements relating to the provision of fire rescue training and instructional
services by the College to the County were executed by the Purchasing Director
between October 31, 2011 and August 3, 2012, pursuant to the authority granted
by Section 2-53(d), Palm Beach County Code. These five (5) fully executed
agreements are being submitted as a receive and file
agenda item for the Clerk’s Office to note and receive in accordance with
Section 163.01(11) F.S., which requires the filing of Interlocal agreements. Countywide
(SB)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
4. Staff recommends
motion to approve: an Emergency Services
Agreement for Mutual Assistance, Automatic
Aid, Dispatch and Fire Vehicle Maintenance and Repair Services with the Village
of Tequesta (Village) for a ten (10) year period beginning October 1, 2012. SUMMARY: On
April 5, 2005, the Board approved a ten year Emergency Services
Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services with the
Village of Tequesta (R2005-0685), as amended by the
First Amendment (R2009-1593), to provide for a contractual commitment for
dispatch services to the Village as part of the Countywide Common Dispatch
program along with providing the mechanism for the Fire Chiefs to implement
mutual assistance/automatic aid (closest unit response) plans. Pursuant to the First Amendment following the
closing of County Station 11, the Village has been providing primary fire
rescue response to four geographical areas in the County’s service area since
October 1, 2009, at a contract rate established by the First Amendment. The parties now mutually desire to terminate
that agreement effective October 1, 2012 and enter into a new emergency
services agreement to provide for mutual assistance, automatic aid, dispatch,
and primary fire rescue response by the Village to certain County geographical
areas, as well as fire vehicle maintenance and repair services by the County to
Village fire-rescue apparatus. This
Agreement will again authorize the parties’ respective Fire Chiefs to enter
into Letter(s) of Understanding to develop automatic aid/closest unit response plans
and procedures. For the first year of
this Agreement, the County shall pay $184,000 to the Village payable in four (4)
equal installments. Annual funding for
each fiscal year thereafter shall be increased by 3% over the previous year’s funding. As part of the consideration for the contract
price for primary fire rescue response by the Village to certain geographical
areas, the first $70,000 of vehicle maintenance and repair services for each
year of this Agreement shall be at no cost to the Village. District 1
(SB)
T. HEALTH DEPARTMENT
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, adopting the FY 2012/2013 budget for the Air
Pollution Control Program. Summary: This Resolution is required by the August 21,
1984, Agreement between the Board of County Commissioners and the Palm Beach
County Health Department to establish the annual budget for the expenditure of
fees deposited into the Air Pollution Control Trust Fund. This program is solely supported by motor
vehicle license registration fees. The
proposed FY 2012/2013 budget for the Air Pollution Control Program from this
funding source is $900,000 which is a 6.25% decrease compared to the current year. This budget can be accommodated by future
revenues and a surplus in the Air Pollution Control Trust Fund. Countywide (PGE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Microsoft Enterprise Agreement with SHI
International, Corp., pursuant to the State of Florida Term Contract number
252-001-09-1, to provide software assurance in the amount of $476,684.13 per
year, for a three (3) year period from October 1, 2012, to September 30, 2015. SUMMARY:
The Microsoft Enterprise Agreement for software assurance provides the County
with the right to the latest version of the software products purchased under
the original Agreement. The County is
requesting software assurance for the User Client Access Licenses which are
necessary for users to access Active Directory, Exchange and SharePoint, and
for various server software licenses previously
purchased by the County. SHI
International Corp. is not a Palm Beach County or a Florida-based business and
is the only authorized reseller of Microsoft products in the State of Florida. Countywide (PFK)
2. Staff recommends
motion to approve: a second extension, for a period of sixty (60) days,
to the existing AT&T “Volume & Term Agreement” (R2009-1055). The first extension was approved by the Board
on June 26, 2012 (R2012-0933). This will
allow the County to continue receiving the current discounts (21%) and tariff
rates as staff finalizes the terms and conditions of a new AT&T Agreement. SUMMARY:
To obtain the best possible pricing, ISS has contracted with an
outside firm to assist in negotiating a new Agreement with AT&T. Extensive evaluation is required to assess
recent telecommunications offerings and to also plan for new technologies, such
as the voice over IP (VoIP) telephone system.
These efforts will extend the timeframe for negotiating the new
agreement beyond the current contract end date of September 30, 2012. Countywide (PFK)
3. Staff recommends
motion to approve: an Interlocal Agreement with Florida State
University (FSU) to connect to the Palm Beach County (County) Regional Network
at a net first year revenue of $8,400 for the
initial point of connection, for an initial term of one (1) year with automatic
one-year renewals unless
notice is given by either party. SUMMARY: FSU wishes to connect to the
Palm Beach County Network in order to access their facility in West Palm Beach
via the Florida LambdaRail. FSU is a founding member of the FLR network. This
broadband connection will support the College of Motion Picture Arts and its
association with Digital Domain. The County’s Information Systems Services
(ISS) Department will be responsible for providing these services. FSU agrees
to reimburse the County for fiber optic cable construction costs estimated at $9,000. The
County will not incur any costs associated with this project other than staff
time involved in planning and managing the project. This Agreement is similar to existing
agreements with other municipalities for network services. District 7 (PFK)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
4. Staff recommends
motion to:
A) approve the Interlocal Agreement with the Town of Palm Beach (Town)
for document scanning services to be provided by Palm Beach County Information
Systems Services (County) as part of a cost sharing initiative between the
County and local municipalities; and
B) authorize the County Administrator or his
designee, the ISS Director, to approve and execute Task Orders associated with
these scanning services which have a value of less than $50,000 per Task Order.
SUMMARY: The
Town wishes to obtain document scanning services from the County to convert a
backlog of paper documents in varying sizes to electronic images. The County
will also be providing document preparation, indexing, DVD creation of digitized
documents, quality assurance, and paper shredding services for this project. The Town has expressed an interest in the
continued use of County scanning services to meet their document and records
management requirements. The FY 2013 revenue to the County is estimated to be
$20,000. District 1 (PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following executed amendment to the
Palm Beach County Rape Crisis Exam Center Contract No. COH8Z with
the State of Florida, Department of Health for the period of July 1, 2012, through
June 30, 2014. SUMMARY: The Division of Victim Services was awarded $880,662 in recurring
funding from the State of Florida, Department of Health, for the period of
September 1, 2011, through June 30, 2014, to implement a sexual assault
forensic exam facility in Palm Beach County.
This is the first amendment to the contract, which deletes the
requirement to print a hard copy of the Sexual Violence Data Registry report,
and provides the option to submit monthly invoices, narrative reports and
supporting documentation electronically. The amendment also clarifies technical
language. Resolution R2011-1223
authorizes the County Administrator or his designee to execute contracts and
amendments utilizing funding from the State of Florida, Department of Health on
behalf of the Palm Beach County Board of County Commissioners. Countywide (PGE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file:
A) the executed Amendment No. 01 to the Palm Beach County Victim Services
and Rape Crisis Center’s Contract with Emergency Specialists of Wellington
(ESOW), LLC., decreasing the contract amount from $122,792 to $95,000 for the period
of July 1, 2011, through June 30, 2012; and
B) the executed Amendment No. 02 to the Palm Beach
County Victim Services and Rape Crisis Center’s Contract with ESOW, LLC.,
increasing the contract amount from $95,000 to $98,536.65 for the period of July
1, 2011, through June 30, 2012.
SUMMARY: The Division of Victim Services was awarded $880,662 in reoccurring
funding from the State of Florida, Department of Health, for the period of
September 1, 2011, through June 30, 2014, to implement a sexual assault
forensic exam facility in Palm Beach County.
A subcontract with ESOW provides a medical director, a Sexual Assault
Nurse Examiner (SANE) Coordinator and a pool of SANE who work on a rotational
stand-by basis to perform forensic rape exams for Victim Services. The first amendment to the contract decreased
the contract amount from $122,792 to $95,000, due to ESOW projecting to not to expend
the funds. The second amendment of the
contract increased the contract amount by $3,536.65 to make the contract amount
not to exceed $98,536.65. This increase was due to an unexpected increase
in the number of rape exams performed requiring additional ESOW services. Resolution
R2011-1223 authorizes the County Administrator or his designee to execute
contracts and amendments utilizing funding from the State of Florida,
Department of Health on behalf of the Palm Beach County Board of County
Commissioners. Countywide (PGE)
3. Staff recommends
motion to:
A) approve contracts with the following Pre-doctoral
Psychology Interns to complete a required 2000-hour internship that will
provide the interns training and experience in family and youth counseling
payable at $11.50 per hour:
1) Karen Findon in the amount of
$23,000;
2) Mary Anne Belton in the amount
of $23,000;
B) approve the proposed contract as a standard
contract template for pre-doctoral psychology interns which will allow the
Youth Affairs Division to contract with individuals seeking training and
experience in family and youth counseling to obtain state licensure; and
C) authorize the County Administrator, or his designee,
to execute future pre-doctoral psychology intern contracts on behalf of the Board
of County Commissioners, after approval of legal sufficiency by the County
Attorney’s Office, and within budgeted allocations.
SUMMARY: The
Youth Affairs Division is an authorized counselor training facility for many
state colleges and universities offering degrees in psychology, social work,
etc. Doctoral programs require
internships in order to meet degree and licensing requirements. The Division is offering its program as a
location to obtain this training. The
cost savings involved with this internship program is financially beneficial to
the County. Each intern, at a minimum, is assigned and completes the workload
equivalent to a Licensed Family Therapist.
The hourly rate of a Licensed Family Therapist is $22.44 versus the
hourly intern rate of $11.50. This
provides the County with an approximate 49% savings per intern. Countywide
(PGE)
SEPTEMBER 11, 2012
3. CONSENT
AGENDA APPROVAL
BB. MEDICAL
EXAMINER
1. Staff recommends
motion to approve: a Contract with Rockledge HMA, LLC, d/b/a
Wuesthoff Reference Laboratory to provide forensic toxicology and histology
testing for the period July 1, 2012, through June 30, 2017 in an amount not to
exceed $1,125,000. SUMMARY: Wuesthoff Reference Laboratory contract
includes a fee schedule with a comprehensive drug panel being completed for a
flat rate of $165 per case, instead of a separate fee for each test. A comprehensive drug panel is defined as the
detection and quantitation of alcohols, carbon monoxide, and the drugs listed
in Exhibit “B” to the contract in blood, urine and vitreous fluid from the
submitted Medical Examiner case. This fee schedule has helped in reducing the
funding needed to cover toxicology testing. Additional tests for drugs not
included in the panel are done at the discretion of the Medical Examiner’s
Office and fees are separate, with a fee schedule attached (to the Agenda
Item). Wuesthoff Reference Laboratory’s costs include the cost of the pickup, delivery,
storage and return and/or destruction of specimens. The type
of services provided in the contract are exempt from the Purchasing
Code. Countywide (PGE)
* * * * * * * * * * * *
SEPTEMBER 11, 2012
4. PUBLIC
HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution to abandon any public interest in that certain portion of the 50 foot strip for road, dyke and ditch purposes in Blocks 11 & 16, as shown on the plat of Palm Beach Farms Plat No. 3, as recorded in Plat Book 2, Pages 45-54; all of Tract “RW2” of the plat of Wellington View, according to the plat thereof recorded in Plat Book 102, Pages 40-47; and all of Tract “F” of the plat of Dillrun Estates according to the plat thereof recorded in Plat Book 109, Pages 9-10, all of the Public Records of Palm Beach County (County), Florida, also known as a portion of Dillman Road; reserving an ingress and egress easement over the entire area to be abandoned; reserving one utility easement over a portion of the area to be abandoned; executing two (2) utility easements over a portion of the area to be abandoned; and reserving a drainage easement over a portion of the area to be abandoned. SUMMARY: Adoption of this Resolution will allow the County to vacate its interest in that certain portion of Dillman Road to provide consistency with the previous abandonment in 2009 where Dillman Road from east of Montclaire Court eastward to Whippoorwill Boulevard was abandoned. This petition site is the portion of Dillman Road from Whippoorwill Boulevard eastward to 150 feet west of Lyons Road. District 6 (MRE)
B. Staff recommends
motion to:
1) reaffirm that the property owners abutting Patio Court will not be required to pay any assessment for the proposed Patio Court Paving and Drainage Improvements (Project) since their assessment is funded by a Community Development Block Grant (CDBG);
2) approve a Contract with Charles S. Whiteside, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $249,860.30 for the Project;
3) approve a Budget Transfer of $220,478 in the Municipal Services Taxing Unit (MSTU) Improvement Fund from Reserves to Patio Court from Lakewood Road north to the L-11 Canal;
4) approve a Budget Transfer of $67,203 in the Department of Economic Sustainability (DES) to the MSTU Fund for Patio Court from Lakewood Road north to the L-11 Canal; and
5) approve a Budget Amendment of $80,883 in the MSTU Fund to recognize funding from DES in the amount of $67,203 and the Village of Palm Springs in the amount of $13,680 to Patio Court from Lakewood Road north to the L-11 Canal.
SUMMARY: The Office of Community Revitalization applied for and received funding from CDBG through Department of Economic Sustainability to fund the proposed $25 per abutting foot assessment to the property owners in this Countywide Community Revitalization Team (CCRT) area. Consequently there will be no assessment to the property owners. This Project includes construction of pavement and a storm water management system. The low bidder was not responsive to the bid resulting in this proposed award to the above Contractor who is a Palm Beach County business. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the Project by the Contractor, who is a SBE, is 58.47% overall. District 3 (MRE)
SEPTEMBER 11, 2012
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Section 2-184 and Sections 2-188 through 2-191 of the Palm Beach County
Code governing the Housing Finance Authority of Palm Beach County (the
“Authority”) related to membership; conflicts of interest and disclosures by
members of the Authority; contracts of the Authority; bonds of the Authority;
rules and regulations of the Authority; providing for severability; providing
for applicability; providing for inclusion in the Code of Laws and Ordinances;
and providing for an effective date. SUMMARY: The Ordinance now governing the Authority
(superseding the Resolution that created the Authority in 1979) was adopted in
2002. Since that time, changes have
occurred in County governance, organization and ethics that require amendment
of the County Code governing the Authority.
The County Code revisions recommended by staff include adding provisions
related to the County Code of Ethics, references to the new County Department
of Economic Sustainability, and other revisions proposed by the Authority. Additionally, the Authority is recommending
that the requirement that an Authority board member may not serve more than two
(2) consecutive complete four (4) year terms be removed. On August 14, 2012, this amending Ordinance
was approved on preliminary reading. Countywide
(PFK)
D. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, pertaining to refueling assistance for persons with disabilities; providing for the creation of a new section of the Code of Ordinances of Palm Beach County, Florida; providing for authority; providing for a title; providing for purpose; providing for definitions; providing for accessibility; providing for prohibited conduct; providing for filing of complaints; providing for enforcement and penalties; providing for severability; providing for repeal of laws in conflict; providing for inclusion in the Code of Laws and Ordinances; providing for captions, and providing for an effective date. SUMMARY: The Paralyzed Veterans of America (PVA) has contacted counties throughout the State of Florida requesting they enhance state legislation that would require service stations/convenience stores with at least two or more attendants on duty to prominently display their store phone number to advise the handicap community they will provide refueling assistance to disabled motorists upon request. According to the PVA, typically because no phone numbers are displayed, a disabled motorist has to obtain assistance by honking their horn or otherwise signaling the attendant in order to refuel their vehicles. The ADA requires gas stations to provide refueling assistance upon request of a person with a disability if there is more than one attendant on duty. In addition, Florida Statute Section 526.141 mandates every full-service gas station with two or more attendants on duty be required to dispense gasoline to any motor vehicle properly displaying a handicap parking permit or license plate. The statute also requires the station to prominently display a decal no larger than 8 square inches on the front of all self-service pumps clearly indicating this requirement; however, it does not require the posting of a phone number. PVA is requesting a telephone number be displayed and the decal size be increased to 15 square inches (3X5) so that disabled motorists could call for assistance without exiting their cars. Hillsborough, Broward and Miami have adopted similar ordinances. Approximately 20% of the 450-500 gasoline stations/distributors would be required to meet this Ordinance requirement. This Ordinance would be enforced utilizing our county funded consumer affairs mediation/investigative personnel. Countywide (PGE)
SEPTEMBER
11, 2012
4. PUBLIC
HEARINGS CONTINUED
E. REVISED SUMMARY: Staff
recommends motion to approve: Alignment Alternative Four for Jupiter
Park Drive/Western Corridor (Island Way) within unincorporated Palm Beach
County, from Jupiter Gardens Boulevard to 68th Terrace. SUMMARY: Per Board direction and discussions from the
meetings held on April 17, May 15, and July 10, this will approve Alignment
Alternative Four for Jupiter Park Drive/Western Corridor (Island Way) within
unincorporated Palm Beach County (from Jupiter Gardens Boulevard to 68th
Terrace). This approval is required to allow the establishment of the overall
alignment from Jupiter Park Drive to Indiantown Road. The Town of Jupiter (Town) is finalizing the
development conditions of approval for the Hawkeye Jupiter property (formerly
known as the Brown property). The new
road, Island Way, will need to be designed and built to provide appropriate
access to the property. Land will have
to be acquired to allow the construction of the road. The northern and southern
ends of the road are within the Town, and are approximately 60% of the road
length. The remaining section lies
within the unincorporated area. The road is intended to be a Town road when it
is constructed with funding expected to come from the Town and the Hawkeye
development. The Board asked/directed at
the July 10 meeting that additional meetings be held with the neighborhood and
the developer. The developer and Town
committed to holding those discussions. Several meetings have been held
since then, with the most recent meeting held on September 6th. District 1 (MRE)
* * * * * * * * * * * *
SEPTEMBER 11, 2012
A. ADMINISTRATION
1. Staff recommends
motion to:
A) designate the Cam Estates/Meadowbrook Plats 1, 2 & 3
area as a CCRT Neighborhood Enhancement Area;
B) remove the
Cinquez Park CCRT area from the CCRT designation; and
C) remove the Lakewood Gardens Central CCRT area from
the CCRT designation.
SUMMARY: The Cam
Estates/Meadowbrook Plats 1, 2 & 3 Area (CEM Area) Assessment Study
provides a preliminary analysis of community needs in this area, and outlines
the Office of Community Revitalization’s and Countywide Community
Revitalization Team’s (CCRT) recommendation regarding the designation of such
area as a CCRT Neighborhood Enhancement Area based on the analysis presented
within the report. The Cinquez Park and
Lakewood Gardens Central CCRT areas are being removed from the CCRT list
because they have been annexed by the adjoining municipalities and are,
therefore, no longer eligible for CCRT designation. Districts 1, 2 & 3
(AH)
b. Community
Services
1. Staff recommends
motion to approve:
A) Amendment No. 01 to Contract for Provision
of Services with Adopt-A-Family of the Palm Beaches, Inc. (R2012-0613), for the
period May 1, 2012, through September 30, 2012, to increase funding for
engagement, interim housing and rapid re-housing services to homeless families
by $100,000 for a new total amount not to exceed $537,836; and
B) Budget Transfer of $100,000 in the General
Fund from Contingency Reserves to increase funding for the Senator Philip D. Lewis Center.
Summary: This Amendment
will enable Adopt-A-Family of the Palm Beaches, Inc. (Adopt-A-Family) to continue to provide engagement, interim housing and rapid re-housing
services to homeless families at the Senator Philip D. Lewis Center
(Lewis Center). Adopt-A-Family has been serving homeless families since the opening of
the Lewis Center on July 2, 2012.
During the first six weeks of operation, Adopt-A-Family
encumbered/expended all funds allocated for interim housing and rapid
re-housing due to significant demand for services. Eighty household are currently being assisted
in interim housing and rapid re-housing with an additional forty households in
need of assistance. No funds remain to house homeless families for the balance
of the fiscal year. Additional resources are needed to provide for housing
homeless families through the Lewis Center. The Budget Transfer will fund the
increased service need. (Human Services)
Countywide (TKF)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
c. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve
Amendment No. 2 to Contract
No. GC680 (R2007-0882) with the Florida Department of Environmental Protection
(FDEP) for activities in the Pollutant Storage Tank Compliance Verification
Program; and
B) authorize the County Administrator or his designee to
sign Task Assignments provided by the FDEP on a yearly basis.
SUMMARY: Contract No. GC680 is a ten (10) year
contract between Palm Beach County and the FDEP that began on July 1, 2007 and
runs through June 30, 2017. This Contract is being amended to expand the
programs geographic area to include performing storage tank compliance
inspection activities in Martin and St. Lucie Counties. Funding is through the 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)
d. FIRE
RESCUE
1. Staff recommends
motion to approve on preliminary
reading and advertise for public hearing on September 25, 2012, at 9:30a.m.: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Chapter 11, Article VII, of the Palm
Beach County Code, known as the Palm Beach County Regional Hazardous Materials
Response Ordinance of 1998 (codifying ordinance 98-13, as amended); amending
Sections 11-130, 11-132, and 11-133, of the Palm Beach County Code, relating to
the Oversight Committee, the Technical Review Team, cost recovery, use of
recovery funds, and penalties; providing
for applicability; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions; providing for an effective date. SUMMARY: The Palm Beach County Regional Hazardous
Materials Response Ordinance of 1998 (Ord. 98-13) provides for regional hazardous
materials response teams comprised of fire (5) departments within Palm Beach
County. The Ordinance also provides for
an Oversight Committee to establish standards and review the effectiveness of
the regional hazardous materials response services, and a technical review team
to review the teams. This Ordinance is being revised to clarify provisions
related to the Oversight Committee, the technical review team, cost recovery,
use of recovery funds, and penalties, including clarifications recommended by
the Oversight Committee. This revision
clarifies the authority of the response teams to recover their emergency
response costs from responsible parties.
This revision also clarifies appointments to the technical review team
shall be made by the Oversight Committee based on recommendations by the Fire
Chiefs Association of Palm Beach County, Inc. Countywide (SB)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff requests
Board direction: on
policy for mandatory rotation of external auditors. SUMMARY: In December 1991, the Board approved a mandatory rotation
policy for external auditors that prevents the current
auditors from competing for the next contract.
Auditing contracts have historically lasted seven (7) years (an initial
term of three years followed by up to four years of extensions). The County is in the last year of its current
audit contract and staff, working with the Constitutional Officers, is
beginning the RFP process. Board
direction is needed to determine if this policy should be changed to allow
McGladrey & Pullen (current auditors) to compete for the contract again. Countywide
(PFK)
F. TOURIST DEVELOPMENT
COUNCIL
1. REVISED TITLE:
Staff
recommends motion to approve: Staff
recommends motion to approve: Agreement with Cultural Council of Palm Beach
County, Inc. (the “Cultural Council”) for the provision of services under the
County’s Tourist Development Plan during the period October 1, 2012, through
September 30, 2017 an amount not to exceed of $1,257,190 in
contractual services and $3,807,460 in indirect costs, grants and reserves for a
total of $5,064,650. SUMMARY:
The Agreement provides for the Cultural Council to provide tourism marketing
services under the County’s Tourist Development Plan for a five-year period,
from October 1, 2012, through September 30, 2017. The Agreement replaces the current contract
(Contract R2012-0846). The new Agreement updates for Fiscal Year 2013 Exhibit
“A” – Annual Budget, Exhibit “E” –
Performance Measures; and Exhibit “H” – Organizational Chart. In addition, indirect
cost, grants, and reserves of $3,807,460 are included for a total budget of
$5,064,650. Rena Blades of the Cultural Council serves on the Overall Economic
Development Program Committee. The Committee provides no regulation, oversight,
management, or policy-setting recommendations regarding the Cultural Council’s
contracts. Disclosure of the contractual relationship at a duly noticed public
meeting is being provided in accordance with the provisions of Sect. 2-443, of
the Palm Beach County Code of Ethics. These changes have been reviewed and
approved by the Tourist Development Council Finance Committee and Tourist
Development Council Board. (TDC) Countywide (DW)
2. REVISED TITLE
& SUMMARY: Staff
recommends motion to approve: Agreement with the Palm Beach County Film
and Television Commission, Inc. (the PBCFTC) for the provision of services
under the County’s Tourist Development Plan during the period October 1, 2012,
through September 30, 2017 an amount not to exceed of $585,508 in
contractual services and $318,305 in indirect costs, and reserves for a total
of $903,813. SUMMARY: The
Agreement provides for the PBCFTC to attract, promote, and market existing and
new film production and production facilities under the County’s Tourist
Development Plan for a five-year period, from October 1, 2012, through
September 30, 2017. The new Agreement replaces the current contract (Contract
R2012-0844). The new Agreement updates Fiscal Year 2013 Exhibit “A” – Annual
Budget, and Exhibit “F” – Performance Measures, and Exhibit “J” Organizational
Chart. In addition, indirect cost and reserves totaling $318,305 are included
for a total budget of $913,813 $903,813. These changes have been
reviewed and approved by the Tourist Development Council Finance Committee and
Tourist Development Council Board. (TDC) Countywide (DW)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
F. TOURIST DEVELOPMENT
COUNCIL (Cont’d)
3. REVISED TITLE
& SUMMARY: Staff
recommends motion to approve: Staff
recommends motion to approve: Agreement with Discover Palm Beach County,
Inc. d/b/a Palm Beach County Convention & Visitors Bureau (the “CVB”) for
the provision of services under the County’s Tourist Development Plan during
the period October 1, 2012, through September 30, 2017 in the amount of
$9,450,705 in contractual services and $1,427,632 in indirect costs and
reserves for a total of $10,878,337.; deleting the requirement that the
Tourist Development Council Executive Director be an ex-officio member of
Discover Palm Beach County; and adding the requirement that the Tourist
Development Council’s Executive Director shall be notified of all meetings of
the Board of Directors, and the executive committee as well as all committees
and subcommittees of Discover Palm Beach County whose functions are in any way
related to the expenditure of County or Tourist Development Tax funds. The Tourist Development Council’s Executive
Director shall be provided notice of meetings and an opportunity to be heard at
the meetings. Notice of the meetings shall be provided to the Tourist
Development Council’s Executive Director no later than five (5) days before the
meeting is to occur. SUMMARY:
The Agreement provides for the CVB to provide tourism marketing services under
the County’s Tourist Development Plan for a five-year period, from October 1,
2012, through September 30, 2017. The Agreement replaces the current contract
(Contract R2012-0925). The new Agreement
updates for Fiscal Year 2013 Exhibit “A” – Annual Budget, Exhibit “E” –
Procurement Policy, Exhibit “H” – Performance Measures, Exhibit “I” - Salary
Structure, and Exhibit “K” –
Organizational Chart. The new Agreement removes reference that the Tourist
Development Council Executive Director serves as ex-officio member of Discover
Palm Beach County committees and sub-committees, but requires notification of
all meetings and an opportunity to be heard. Notice of the meetings shall be
provided to the Tourist Development Council’s Executive Director no later than
five (5) days before the meeting is to occur. In addition, indirect cost,
and reserves of $1,427,632 are included for a total budget of $10,878,337.
These changes have been reviewed and approved by the Tourist Development
Council Finance Committee and Tourist Development Council Board. (TDC) Countywide
(DW)
4. REVISED TITLE:
Staff
recommends motion to approve: Agreement with Palm Beach County Sports
Commission, Inc. (the “PBCSC”) for the provision of services under the County’s
Tourist Development Plan during the period October 1, 2012, through September
30, 2017 an amount not to exceed of $724,877 in contractual services
and $1,024,430 in indirect costs, grants and reserves for a total of
$1,749,307. SUMMARY: The
Agreement provides for the PBCSC to provide tourism marketing services under
the County’s Tourist Development Plan for a five-year period, from October 1,
2012, through September 30, 2017. The
Agreement replaces the current contract (Contract R2012-0845). The new
Agreement updates for Fiscal Year 2013 Exhibit “A” – Annual Budget, and Exhibit
“E” – Performance Measures, Exhibit “G” – Salary Structure, and Exhibit “H” -
Organizational Chart. In addition, indirect cost, grants and reserves of
$1,024,430 are included for a total budget of $1,749,307. These changes have
been reviewed and approved by the Tourist Development Council Finance Committee
and Tourist Development Council Board. (TDC) Countywide (DW)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
G. FACILITIES DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: a
Vehicle and Equipment Parts Management and Supply Agreement (“Agreement”) with
Genuine Parts Company d/b/a NAPA (NAPA), a Georgia corporation, qualified to do
business in Florida, for onsite integrated inventory management services for
the Fleet Management Division at an estimated annual cost of $2,250,000. SUMMARY: Facilities Development & Operations/Fleet
Management (“FDO/Fleet”) operates and manages its automotive parts function
in-house from its primary maintenance facility in West Palm Beach and two (2)
outlying maintenance facilities located in Pahokee and in Delray Beach. As part of the FY13 budget process, FDO/Fleet
staff was tasked with finding ways to increase effectiveness of its operation,
gain efficiencies and reduce the operating budget. FDO/Fleet has determined
that outsourcing Fleet’s automotive parts function would accomplish all
goals. This Agreement provides for NAPA
to provide a comprehensive in-house store operation to include all materials,
equipment, parts and supplies required for the operation and maintenance of the
County’s fleet with no less than an eighty percent
(80%) in-stock availability for all parts requested. The inventory will include NAPA Products as
well as Non-NAPA Products, based on the requirements of the County’s fleet. The
Agreement contains local preference language for all Non-NAPA products
purchased by FDO/Fleet. With this local preference language and the continued
purchases of existing county contracts by Fire Rescue and PalmTran, this Agreement
should negatively impact less than 12% of the County’s total parts
purchased. The Agreement also requires
NAPA to purchase parts from existing competitively bid contracts held by local
vendors where the cost of the part is not more than 5% greater than the
equivalent NAPA product. This language
will reduce or eliminate the negative impact on the 12% of the impact purchase. NAPA will provide on-going review and
adjustment of inventory; access to automotive and heavy-duty replacement parts;
and delivery of non-stocked parts. The Agreement provides that the County will
pay NAPA: (i) 10% above both NAPA Product Costs and Non-NAPA Product Costs and
(ii) for operational costs that were included within the annual budget approved
by the County during its normal budget process.
NAPA is to provide services in two phases: (i) the Start-Up Phase, which
will commence upon Board approval of the Agreement and continue through
September 30, 2012; and (ii) the Full-Services Phase, which will commence on
October 1, 2012 and continue through the term of the Agreement. The term of the Agreement will commence upon
approval by the Board and will continue through February 23, 2015. The Agreement will automatically renew for one
(1) additional year, unless either party notifies the other of its intent not
to renew at least 60 days prior to the expiration of the initial term. The
Internal Auditor is satisfied that the Agreement is internally consistent and
contains adequate financial and management controls and has agreed to review
FDO/Fleet’s divisional PPM relating to the management of this Agreement. This
Agreement is made in accordance with the Palm Beach County Purchasing Code,
which authorizes the County to purchase supplies from a competitively bid
proposal or contract secured by another governmental entity or
government-related association, in this case the National Joint Powers Alliance
Contract No. 010511-GPC. There is no Small Business Enterprise (SBE)
participation in this Agreement. (FDO/Fleet) Countywide (JM)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
G. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
2. DELETED:
Staff recommends motion to approve:
A) a Civic Site Dedication Agreement with
Boynton Beach Associates XXIV, LLLP;
B) a Memorandum of Agreement between the County
and Boynton Beach Associates XXIV, LLLP;
and
C) a Termination of Memorandum of Agreement.
SUMMARY: Pursuant to
this Agreement, G.L. Homes of Florida (“GL Homes”) d/b/a Boynton Beach
Associates XXIV, LLLP, will convey to the County a 19.64 acre civic site within
the Hyder PUD located within the Ag Reserve on the west side of Lyons Road
between Atlantic Avenue and Clint Moore Road. This conveyance will offset
civic dedication requirements of current and future GL Homes’ development
orders. At the June 5, 2012, Board meeting, the Board questioned the need
for additional civic land and requested that this item be postponed for further
review. The attached maps show the County’s limited holdings in the south
county area and the significant amount of residential development in the
southern end of the Ag Reserve which is likely to need both public and private
civic services. Due to the complicated land development regulations for the Ag
Reserve, it is difficult to find land for such civic uses at an affordable
price. Staff continues to believe that this property should be accepted and
held to meet future public and/or private civic needs. If the Board decides to
not approve this Agreement and instead require GL Homes to cash out of the
civic dedication requirements, the County would receive approximately $491,000
now from GL Homes Lyons West PUD which is currently in process, and would
receive another approximately $500,000 at such time as GL Homes plats its
future development projects. Cash out funds must be used for acquisition of
land and/or development of projects serving civic needs in the general area of
the PUD, in this case the Ag Reserve. If this Agreement is approved, the
Memorandum of Agreement will be recorded to provide public notice of the existence
of the County’s rights under this Agreement. The Termination of
Memorandum will be held by the County and provided to GL Homes upon conveyance
of the civic site to the County. This
Agreement must be approved by a supermajority vote (5 Commissioners). (PREM) District 5 (HJF) (Further staff
review)
SEPTEMBER 11, 2012
5. REGULAR AGENDA
G. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. DELETED: Staff recommends motion to:
A) adopt
Resolution
rescinding and replacing R2002-0192 supporting the allocation of ad valorem
funds for the benefit of municipal efforts to maintain interoperability with
and participate in the County’s Intergovernmental Communications Program
(ICP);
B) adopt Resolution rescinding and replacing
R2000-0407 providing for the procedures for allocation of funds collected
pursuant to Section 318.21(9) FS specifically clarifying the distribution of
reports prepared by the Clerk & Comptroller;
C) approve a Budget Amendment of $600,400 in the
Intergovernmental Radio Communication Fund to close out the fund and transfer
all remaining balances to the 800 MHz R&R Fund;
D) approve a Budget Amendment of $999,400 in the
Intergovernmental Radio Communication Countywide Fund to close out the fund and
transfer all remaining balances to the 800 MHz R&R Fund;
E) approve a Budget Transfer of $1,704,942 in the
General Fund establishing a Municipal expense budget by redirecting eligible
expenses to the 800 MHz R&R Fund; and
F) approve
a Budget Amendment
of $1,726,563 in the 800 MHz R&R Fund recognizing the changes in the $12.50
moving traffic violation procedures.
SUMMARY: In an effort to recognize municipal efforts
to become, maintain or enhance municipal participation in the ICP, the Board
directed Staff on August 21, 2012 to restructure the $12.50 Program from one
using $12.50 Funds to one using ad valorem funds. The replacement resolutions
provide for the municipalities to: 1) seek annual reimbursement for expenses
associated with their public safety radio systems and/or equipment in an amount
not to exceed the funds collected from moving violations written by municipal
police officers, and 2) streamlines the reimbursement procedures. The budget
amendments and transfers to the FY 13 budget will implement the new Resolutions
ensuring a financially neutral position in the general fund. (FDO Admin) Countywide
(JM) (Further staff review)
* * * * * * * * * * * *
SEPTEMBER 11, 2012
A. ADMINISTRATION
(Water Resources Task
Force)
1. Staff recommends motion to ratify: Jeff Hmara of the Village of Royal Palm Beach as an alternate for one of the League of Cities seats on the Palm Beach County Water Resources Task Force (Seat No. 1), effective September 11, 2012. SUMMARY: The Water Resources Task Force is comprised of 14 members: six (6) City elected officials; one (1) County Commissioner; one (1) special independent district water and/or wastewater provider or utility water or wastewater provider representative; one (1) Lake Worth Drainage District representative; one (1) drainage/water control district representative; one (1) South Florida Water Management District Governing Board member; one (1) environmental representative; one (1) land owner actively farming to represent agricultural interests; one (1) Indian Trail Improvement District representative. The resolution also requires designated alternates for each seat. Due to the recent resignation of several Task Force members and alternates, a new alternate is being submitted to be ratified by the Board of County Commissioners. Countywide (MJ)
(Florida Atlantic Research & Development Authority)
2. Staff recommends
motion to approve: reappointment of the following individual to the
Florida Atlantic Research & Development Authority (Authority) for a term of
four (4) years, from September 13, 2012, to September 12, 2016:
Nominee Seat
No. Seat
Requirement Nominated
by:
Bruce
C. Rosetto 1 Private Sector/PBC Resident Comm. Burdick
Comm. Abrams
SUMMARY: On October 3, 1985,
the Board of County Commissioners (BCC) adopted Ordinance No. 85-32, which
created the Florida Atlantic Research & Development Authority. The
Authority is comprised seven (7) members: three (3) Palm Beach County
representatives, three (3) Broward County representatives and the President of
Florida Atlantic University or his/her designee. Representatives must be employed in the
private sector and reside in the County in which they represent. On August 7,
2012, a memo was distributed to the BCC indicating Mr. Rosetto’s term on the
Authority would expire September 12, 2012. Mr. Rosetto has been a Palm Beach
County representative on the Authority since December 6, 2011, and has
expressed a desire to continue. Mr.
Rosetto has disclosed that
he is employed with the firm of Greenberg Traurig, P.A., which has one (1)
existing contract with the County for bond counsel services. FARDA provides
no regulation, oversight, management, or policy-setting recommendations
regarding the subject contract. Disclosure of this contractual
relationship at a duly noticed public meeting is being provided in accordance
with the provisions of Sec. 2-443, of the Palm Beach County Code of Ethics. No
other nominations were received. District 4 (JM)
SEPTEMBER 11, 2012
6. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Cont’d)
(Handicap
Accessibility & Awareness Grant Review Committee)
3. Staff recommends
motion to approve: appointment
of four (4) at-large members to the
Handicap Accessibility and Awareness Grant Review Committee (Grant Review
Committee) for a two-year period beginning September 11, 2012, through
September 10, 2014. These are at-large appointments to be made from the
following list of nominees:
New Appointments |
Seat No. |
Nominated by |
|
|
|
Laurence P.
Osband |
6 |
Comm. Marcus |
|
|
Comm. Burdick |
|
|
Comm. Taylor |
|
|
|
James F. Murray |
7 |
Comm. Marcus |
|
|
Comm. Burdick |
|
|
Comm. Taylor |
|
|
|
Adam J. Brockman |
8 |
Comm. Marcus |
|
|
Comm. Burdick |
|
|
Comm. Taylor |
|
|
|
Rashid R. Rice |
9 |
Comm. Marcus |
|
|
Comm. Burdick |
|
|
Comm. Taylor |
Summary: This
Committee is comprised of nine (9) members.
All members must be residents of Palm Beach County and a person with
disabilities or advocate for persons with disabilities. These appointments are necessary to fill the
remaining four (4) vacancies on the Grant Review Committee as a result of
multiple expired terms. All terms expired
on August 27, 2009. All appointments are
for a term of two (2) years and are at-large. Countywide (DO)
B. COOPERATIVE EXTENSION SERVICE
(Agricultural Enhancement Council)
1. Staff recommends
motion to approve: appointment
of Dave Self to the Agricultural Enhancement Council to complete the term of
William Churchill, Seat No. 5, who has resigned, for the term of September 11,
2012 to January 23, 2015:
Name Category,
Seat Number Expire
Dave Self Nursery
Industry, Seat 5 1/23/15
Summary: Based
on Resolution No. 94-1760, nine (9) agricultural related entities were
requested to nominate one (1) member each to the Agricultural Enhancement
Council (AEC). The nine (9) members
represent the following agricultural industry areas: Farm Bureau, Agricultural
Value Added Industry; Farm Credit of South Florida, Vegetable Industry, Sugar
Cane Industry, Nursery Industry; an Agricultural Supplier and the Horse
Industry Council. Countywide (AH)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 11, 2012
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
SEPTEMBER 11, 2012
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
SEPTEMBER 11, 2012
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, CHAIR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, VICE CHAIRMAN
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
Request approval
to present off-site, a Proclamation honoring the memory of Frances Gibson
Coffield.
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."