ORDER OF BUSINESS
BOARD OF COUNTY
COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 11, 2007
TUESDAY
COMMISSION
9:30 A.M.
CHAMBERS
1.
CALL TO ORDER
A. Roll
Call
B.
Invocation
C.
Pledge of Allegiance
2.
AGENDA APPROVAL
A.
Additions, Deletions, Substitutions
B.
Adoption
3.
CONSENT AGENDA
(Pages 8 - 49)
4.
SPECIAL PRESENTATIONS - 9:30 A.M. (Page 50)
5.
PUBLIC HEARINGS - 9:30 A.M. (Pages 51 - 52)
6.
REGULAR AGENDA
(Pages 53 - 62)
TIME CERTAIN –
2:15P.M. (Permitting Process Regarding Mining Impacts within EAA
Study)
(Page
53)
7.
BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
(Page
63)
8.
BOARD APPOINTMENTS
(Pages 64 - 67)
9.
MATTERS BY THE PUBLIC - 2:00 P.M. (Page 68)
10. STAFF
COMMENTS (Page
69)
11.
COMMISSIONER COMMENTS (Page 70)
12.
ADJOURNMENT (Page
70)
* * * * * * * * * * *
SEPTEMBER 11, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page
8
3A-1 Resolution
by the Town of Gulf Stream supporting HB 1363 “Organized Criminal
Activity”
3A-2 CCRT street
lighting project for Dillman Heights neighborhood
3A-3 First
Amendment creating Palm Beach Workforce Development
Consortium
Page
9
3A-4 Contract
with Florida Atlantic University regarding PBC Strategic Economic Development
Plan
3A-5 Submittal of
six (6) regional projects for inclusion in the TCRPC’s CEDS
Plan
B. CLERK &
COMPTROLLER
Page
9
3B-1 Warrant
list
3B-2
Minutes
3B-3 Contracts
and claims settlements list
3B-4 Sale of 18
shares of Time Warner Cable
C. ENGINEERING & PUBLIC
WORKS
Page
10
3C-1 Report of plat
recordations from April 1 through June 30, 2007
3C-2 Task Agreement
with Civil Design regarding Redding Road watermain project
3C-3 Agreement
w/Stonehaven Estates Homeowners regarding traffic control jurisdiction by
PBSO
3C-4 Agreement with
1950 Congress Avenue, LLC regarding Old Boynton Road
Bridge
3C-5 Amendment with
Town of Lake Park regarding beautification along Park
Avenue
Page
11
3C-6 Agreement
w/Loxahatchee Groves Water Control Dist. concerning a signage
program
3C-7 Supplemental
Agreement No. 4 with Metric Engineering for professional
services
3C-8
Deleted
3C-9 Impact fee credit
with G.L. Homes for Canyon Lakes, Canyon Isles and Canyon
Springs
Page
12
3C-10 Contract with J.W. Cheatham
for paving and drainage improvements to Kidd Street, 2nd Street,
McConnell Street,
Clinton Blvd. and Cambridge Street
3C-11 Resolution vacating a 5’ X
20’ anchor easement within Waterway Vista
3C-12 Contract with Southeast
Attenuators regarding annual guardrail contract
Page
13
3C-13 Agreement with City of Lake
Worth regarding 10th Avenue North
D. COUNTY ATTORNEY
Page
13
3D-1 Tax-Exempt
Commercial Paper Revenue Notes (Parks Improvements)
transcript
3D-2 Tax Exempt
Commercial Paper Revenue Notes (Environmentally Sensitive Lands)
transcript
3D-3 Variable Rate
Revenue Bonds (Saint Andrew’s School of Boca Raton)
transcript
3D-4 Certificate of
Airport Consultant for PBC Airport System Revenue Bonds (Galaxy 2007
bonds)
Page
14
3D-5 Settlement in
eminent domain case PBC v. Maria Mink, et al. (Southern Gardens
Nursery)
3D-6 Settlement in
eminent domain case PBC v. Maria Mink, et. al. (Country West
Landscaping)
E. COMMUNITY SERVICES
Page
15
3E-1 Agreement
with Area Agency on Aging for Respite for Elders Living in Everyday Families
3E-2 Amendment
with Area Agency on Aging for Older Americans Act programs
3E-3 Contract
with 211 Palm Beach Treasure Coast, Inc. for services to the
homeless
3E-4 Contract
with The Center for Family Services for emergency shelter
services
Page
16
3E-5 Contract
with Christians Reaching Out to Society Ministries for gleaning
services
3E-6 Contract
with Gulfstream Goodwill Industries for services to the
homeless
3E-7 Contracts
with Oakwood Center and CARP for services to the homeless
3E-8 Contract
with Oakwood Center for support services to the
homeless
SEPTEMBER 11, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY
SERVICES (Cont’d)
Page
17
3E-9 Contract
with The Lord’s Place for support services to the homeless
3E-10 Contract with United Way of
PBC to support the Community Food Alliance
3E-11 Contract with United Way of
PBC to provide disaster recovery services
3E-12 Resolution regarding FY 2008
HIV Emergency Relief Grant Application
3E-13 Contract with Audrey
Greenwald for speech and language services for Head Start
Page
18
3E-14 Contract with Multi-lingual
Psychotherapy Centers for mental health services for Head
Start
3E-15 Contract with Treasure Coast
Health Council for Care Council program support services
3E-16 Amendment No. 1 with Joseph
L. Morse Geriatric Center’s Just Checking Program
Page
19
3E-17 Amendments to 13 contracts
regarding cost of living adjustments for Head Start
programs
F. AIRPORTS
Page
20
3F-1 Sale of all
common stock shares relative to US Airways and Northwest
Airlines
3F-2 Amendments
to two (2) lease agreements with Aircraft Services
International
3F-3 List of 12
charitable organizations to benefit from proceeds (coins) from PBIA
fountain
Page
21
3F-4 Receive and
file six (6) standard agreements for the Dept. of Airports
G. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
Page
22
3G-1 Public Improvement
Revenue Bond Anticipation Note, Series 2007 issuance
3G-2 Budget
Transfer/Amendment to move funds from Public Building Improvement Fund to
General
Fund
Page
23
3G-3 Budget Transfer
regarding school impact fees
3G-4 Budget
Transfers/Amendment regarding District 3 RAP and gas tax funding
elimination
H. FACILITIES DEVELOPMENT &
OPERATIONS
Page
24
3H-1 Amendment
No. 1 with West Palm Beach DDA for interim parking at Convention
Center
3H-2 Amendment
No. 2 with The Gordian Group, Inc. for consulting/professional
services
Page
25
3H-3 Supplement
No. 2 with Miller-Legg & Assoc. regarding Intermodal Transfer
facility
3H-4 Contract
with Hedrick Brothers Construction for construction management
services
3H-5 Contract
with West Construction, Inc. regarding Dick Moroso Waterway
Park
Page
26
3H-6 Budget
Amendment to recognize funds from PBCC regarding ERM for 20-Mile Bend
property
3H-7 Grant of
Easement in favor of the Village of Wellington and Acme Improvement District for
Wellington Library
3H-8 Agreement
for Purchase and Sale with City of Belle Glade for 1.76
acres
Page
27
3H-9 Resolution
conveying 0.0266 acres of land to the City of Lake Worth
3H-10 BMC Replat No.
1
3H-11 Lease Agreement cancellation
w/Habitat for Humanity (4-H Community Garden Program)
Page
28
3H-12 Utility Easement in favor of
BellSouth for Parks & Recreation Administration
Building
3H-13 Utility Easement in favor of
City of Lake Worth for Parks & Recreation Administration
Building
3H-14 Utility Easement in favor of
AT&T for Therapeutic Recreation Complex
Page
29
3H-15 Utility Easement in favor of
City of Lake Worth for Therapeutic Recreation
Complex
3H-16 Agreement for Purchase and
Sale with Magno C. & Marcia S. Braga for 0.25 acre
parcel
3H-17 Utility Easement in favor of
FPL for South County Regional Park
Page
30
3H-18 Service Agreement with LWDD
for drainage services at South County Regional Park
SEPTEMBER 11, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY
DEVELOPMENT
Page
30
3I-1
Deleted
3I-2
Two (2) agreements for 2005 Disaster Recovery Program
funds
3I-3
Amendment No. 1 with City of West Palm Beach for 2004 Disaster Recovery
Program funds
Page
31
3I-4
Deleted
3I-5
2005 CDBG Disaster Recovery Initiative Supplemental Appropriation
Grant
3I-6
Mid-Year budget amendments for Westgate/Belvedere Homes
CRA
J. PLANNING, ZONING &
BUILDING -
None
K. WATER UTILITIES
Page
32
3K-1 Agreement
for Emergency Generator Purchase with Indian Spring Master
Assoc.
3K-2 CSA No. 2
with Keshavarz & Assoc. for Glades replacement hospital water main
project
3K-3 Reclaimed
Water Development Agreement with KRG/Atlantic Delray Beach,
LLC
Page
33
3K-4 Contract with Florida Design Contractors, Inc. for SRWRF odor
control improvements
3K-5
Deleted
3K-6 Change Order
No. 3 with Lanzo Construction, Inc. for Northern Region Utility
pipeline
Page
34
3K-7 Receive and
file three (3) standard development and/or renewal agreement for
WUD
3K-8 Potable
Water & Wastewater Development Agreement with Spots,
Inc.
Page
35
3K-9 Agreement
with Beeline Community Development District for potable water
main
L. ENVIRONMENTAL RESOURCES
MANAGEMENT
Page
35
3L-1 Lease
Agreement with City of Lake Worth for management of Snook Islands Natural
Area
Page
36
3L-2 Budget
Amendments regarding Aquatic Vegetation Control Program
3L-3 Amendment
with Murphy Construction Co. regarding Ocean Ridge Natural
Area
3L-4 Contract
with PBSO for law enforcement services on County-owned conservation
lands
Page
37
3L-5 Agreement
U.S. Dept. of Agriculture for services to control destructive or nuisance
animals
3L-6 Statement of
Responsibilities with U.S. Army Corps of Engineers and Humiston & Moore
Engineers for Singer Island Erosion Control project
M. PARKS &
RECREATION
Page
38
3M-1 Sovereignty
Submerged Lands Lease Renewal for Juno Beach Park
3M-2 Agreement with
Boynton Beach Faith Based Community Development Corp. for Peace
Makers After-School Program
3M-3 Agreement with
Delray-Boynton Academy, Inc. for International Youth
Summit
3M-4 Agreement with
City of Delray Beach for 2007 Delray Beach Film Festival pavilion
rental
Page
39
3M-5 Agreement with
Lake Lytal Lassie League, Inc. for uniforms and equipment
3M-6 First Amendment
with Jewish Community Center for senior citizen field
trips
3M-7 Agreement with
Milagro Foundation, Inc. for STARS Program
3M-8 Agreement with
Boca Raton’s Promise – The Alliance for Youth, Inc. for summer
camps
Page
40
3M-9 FRDAP grant
application for Glades Pioneer Park Aquatic Center
3M-10 Receive and file two (2)
Independent Contractor agreements for Parks
3M-11 Agreement w/Expanding and
Preserving Our Cultural Heritage for Spady Living Heritage
Day
Page
41
3M-12 Amendment No. 13 with School
District for Middle School After-School Program
3M-13 Agreement with City of Delray
Beach for Delray Beach Miracle League field
3M-14 Agreement with Delray Beach
Playhouse for a children’s musical production
SEPTEMBER 11, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
N. LIBRARY
Page
41
3N-1 Application
to Division of Library and Information Services for State Aid to
Libraries
Page
42
3N-2 Two (2)
Public Library Construction Grant applications for West Boca Branch and Lawrence
Road Branch
P. COOPERATIVE EXTENSION
SERVICE
Page
42
3P-1 Agreement
with Palm Beach Soil and Water Conservation District for soil and water resource
conservation services
Q. CRIMINAL JUSTICE
COMMISSION
Page
42
3Q-1 First Amendment
with City of West Palm Beach to support Weed and Seed
efforts
Page
43
3Q-2 Second Amendment
with City of Delray Beach to support Weed and Seed efforts
3Q-3 First Amendment
with City of Belle Glade to support Weed and Seed efforts
R.
HUMAN RESOURCES -
None
S. FIRE RESCUE
Page
43
3S-1 U.S. Dept.
of Homeland Security’s 2007 Assistance to Firefighters Grant
Award
T. HEALTH DEPARTMENT -
None
U. INFORMATION SYSTEMS
SERVICES
Page
44
3U-1 Supplemental
to IBM Corp. Agreement for software program and support
V. METROPOLITAN PLANNING
ORGANIZATION -
None
W. PUBLIC AFFAIRS -
None
X. PUBLIC SAFETY
Page
44
3X-1 Interlocal
Agreement with Town of Juno Beach pertaining to “Dialogic”
system
3X-2 Amendment
No. 1 with Children’s Health Care Assoc. for medical services at
Highridge
Y. PURCHASING -
None
Z. RISK MANAGEMENT
Page
45
3Z-1 Write-off of
49 outstanding damage claim receivables
3Z-2 Purchase of
airport liability insurance
3Z-3 Budget
Amendment to adjustment budget in Employee Health Insurance
Fund
AA. PALM TRAN
Page
45
3AA-1 Agreement with School
District for student bus passes
Page
46
3AA-2 Agreement with School Board
regarding transportation to educational field trips
BB.
INTERNAL AUDITOR
Page
46
3BB-1 Resolution to dissolve Budget
Advisory Committee
SEPTEMBER 11, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page
46
3CC-1
FDLE grant regarding equipment/supplies for the PBSO Bomb & SWAT
teams
Page
47
3CC-2
FDLE grant regarding equipment for the Buffer Zone Protection
Plan
3CC-3
High Intensity Drug Trafficking Area/Violent Crimes & Drug
Trafficking Orgn. Grant
3CC-4
U.S. Dept. of Justice Project Safe Neighborhood
grant
Page
48
3CC-5
Grant Adjustment Notice regarding State Homeland Security
grant
3CC-6
Budget Transfer in LETF regarding residual Program Generated
Income
3CC-7
Drug Farm Phase II Enhancement grant
DD. TOURIST DEVELOPMENT
COUNCIL
Page
49
3DD-1
Agreement with PBC Cultural Council for administration of cultural grant
program
SPECIAL PRESENTATIONS - 9:30
A.M.
Page
50
4A
Domestic Violence Awareness Month
4B
National Childhood Hunger Day
4C
Spady Living Heritage Day
4D
Sickle Cell Month
4E
GrowSmart Campaign
PUBLIC HEARINGS -
9:30 A.M.
Page
51
5A
Five-Year Road Program Ordinance – Continued from July 10,
2007
5B
Resolution abandoning a portion of right-of-way in Palm Beach Farms Plat
No. 3 (Sandalfoot
Cove Park) – Continued from August 21, 2007
5C
Resolution abandoning a portion of right-of-way in Palm Beach Farms Plat
No. 3 (north of
Belvedere Road/east of Benoist Farms Road)
5D
Resolution abandoning a portion of right-of-way in Florida Fruit Lands,
Subdivision No. 2
Page 52
5E
Park Avenue alignment
5F
Charter Amendment Ordinance
5G
Amendment to Village of Palm Springs COPCN
REGULAR AGENDA
ADMINISTRATION
Page
53
6A-1 Permitting
Process Regarding Mining Impacts within EAA Study – TIME CERTAIN
2:15P.M.
6A-2 Contract
with FAU to provide technical assistance/training to small
businesses
Page
54
6A-3 Grant
Agreement with Palm Beach County Resource Center for consulting/professional
services relative to small business
COMMUNITY
SERVICES
Page
54
6B-1 BCC Roles
& Responsibilities regarding Head Start/Early Head Start
programs
COUNTY ATTORNEY
Page
55
6C-1 Issuance of bonds
for Caron Foundation of Florida project
Page
56
6C-2 Payment to St.
Mary’s regarding medical care expenses for indigent
individual
SEPTEMBER 11, 2007
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
HOUSING & COMMUNITY
DEVELOPMENT
Page
57
6D-1
Foreclosure prevention assistance to Ms. Ruth
McMahon
6D-2 State Housing
Initiative Program funding for Greicy Roldan
OFFICE OF FINANCIAL MANAGEMENT
& BUDGET
Page
57
6E-1 Wedge
Property boundary change Interlocal Agreement with Broward
County
PLANNING, ZONING &
BUILDING
Page
58
6F-1 Annexation
Charter Amendment Implementation Ordinance
FACILITIES DEVELOPMENT &
OPERATIONS
Page
58
6G-1
Thermal Energy Storage System
ENVIRONMENTAL RESOURCES
MANAGEMENT
Page
59
6H-1
Agreement for Sale and Purchase with Indiantown-Jupiter Venture and
Walter J. & Joyce B.
Hatcher for approx. 230.54 acres
SUPERVISOR OF
ELECTIONS
Page
60
6I-1
Budget Transfer regarding Absentee Ballot System
TOURIST DEVELOPMENT
COUNCIL
Page
60
6J-1 Agreement
with Global Spectrum regarding operation of the Convention
Center
Page
61
6J-2 Agreement
with Aramark Sports and Entertainment Services for food/beverage services at
Convention Center
6J-3 Agreement
with Palm Beach County Cultural Council for tourism marketing
services
6J-4 Agreement
with Discover Palm Beach County, Inc. for tourism marketing
services
Page
62
6J-5 Agreement
with Palm Beach County Film & Television Commission to attract, promote and
market existing and new film production and production
facilities
6J-6 Agreement
with Palm Beach County Sports Commission for tourism marketing
services
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD
(Page 63)
BOARD APPOINTMENTS (Pages 64 - 67)
MATTERS BY THE PUBLIC – 2:00
P.M. (Page 68)
STAFF COMMENTS (Page 69)
COMMISSIONER
COMMENTS (Page
70)
ADJOURNMENT (Page 70)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
A.
ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution No. 007-8 of the Town Commission of the Town of Gulf Stream, Florida, supporting House Bill 1363 entitled “Organized Criminal Activity,” which renames and amends the “Criminal Street Gang Prevention Act of 1996” as the “Organized Crime Group Prevention Act of 2007.”
2.
Staff recommends
motion to approve:
A) expenditure
in the amount of $120,000 to assist in the installation and twenty (20) years
maintenance of twenty (20) cobra head street lights within the Dillman Heights
Countywide Community Revitalization Team (CCRT) area;
B)
Budget Transfer of $68,000 from the Transportation Improvement Fund Reserves for
District 2 to the Capital Outlay Fund for $40,000 and $28,000 in the CCRT Street
Lighting Maintenance Fund;
C)
Budget
Transfer of $52,000 in the Capital Outlay Fund OCR Street Lighting Program to
the CCRT Street Lighting Maintenance Fund;
D)
Budget
Amendment of $40,000 in the Capital Outlay Fund to recognize and appropriate the
transfer from the District 2 reserve funds; and
E)
Budget
Amendment of $80,000 in the CCRT Street Lighting Maintenance Fund to recognize
and appropriate the transfer of $52,000 from the Capital Outlay Fund and the
transfer of $28,000 from District 2 reserve funds.
SUMMARY:
This street lighting project was initiated by members of the Dillman Heights
neighborhood group and the total amount of funding provided for this project is
$120,000. Based on Office of Community Revitalization (OCR) staff review, it was
determined that the installation of these streetlights would help reduce area
crime, enhance pedestrian safety and facilitate safer vehicular movement. District 2 (AH)
3.
Staff
recommends motion to approve: execution of the First Amendment to the
Interlocal Agreement creating the Palm Beach Workforce Development Consortium,
authorizing the execution of such other documents as may be necessary to
complete the transactions contemplated hereby; and providing an effective
date. SUMMARY: Public Law
105-220 enacted by the Congress of the United States effective August 1998,
which Act is known as the Workforce Investment Act (“WIA”), established a
program to provide universal access to workforce development services for the
businesses and citizens of Palm Beach County. Countywide (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
A.
ADMINISTRATION
(Cont’d)
4.
Staff recommends motion to approve: a $149,243 Contract with
Florida Atlantic University Board of Trustees (FAU) from October 1, 2007 to
September 30, 2008 to establish measurable benchmark performance standards,
assess businesses and citizens input, and conduct a research on the fiscal
effects of the Palm Beach County Strategic Economic Development Plan on local
and county governments. SUMMARY:
In Fiscal Year 2007, FAU assisted in establishing a monitoring system for
the BCC-approved Strategic Economic Development Plan’s action items. The proposed $84,243 Contract with FAU
will assist in the implementation of the County’s adopted Strategic Economic
Plan. The services outlined for
this Contract are to: a) refine and
implement the monitoring system of action items listed in the Strategic Plan; b)
continue to develop the process for confirming lead agency and partner
participation; c) ascertain timelines for projects and task completion
accordingly in conjunction with EDO; d) establish focus/partner groups, identify
participants, set up process for refining data and input collection as well as
identifying progress and impediments; e) research for and recommend economic
indicators for the County to measure the success in moving toward its economic
goals. FAU will conduct a
feasibility study by evaluating other U.S. indicator systems and their
applicability to Palm Beach County; and f) provide an analysis of the net fiscal
contributions of the Palm Beach County Strategic Economic Development Plan that
includes net fiscal contributions on local and county governments and a fiscal
impact analysis of the net costs versus revenues across seven economic
development thrusts. Countywide (DW)
5.
Staff
recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
authorizing the submittal of six (6) regional projects from the 21st
Century Palm Beach County Strategic Economic Development Plan to be included in
the Treasure Coast Regional Planning Council’s 2007 Comprehensive Economic
Development Strategy (CEDS) Plan to include: 1) A Regional Storm Water Drainage
Project in the Urban Redevelopment Area;
2) Lake Region Water Treatment Plant and Water Transmission and
Distribution System; 3) Canal
Redevelopment for Marine Industry Development; 4) A Regional Inland Port; 5) A Pilot Project for a Public Ferry
System; and 6) An International Research Institute. SUMMARY: Treasure Coast Regional Planning
Council prepares the CEDS Plan as required by the US Department of Commerce,
Economic Development Administration (EDA) for Indian River, Martin, Palm Beach
and St. Lucie Counties. The six (6)
projects are covered in the Board approved 21st Century Palm Beach
County Strategic Economic Development Plan. In order to be eligible for EDA funding
over the next five (5) years, regional projects must be identified in the 2007
CEDS Plan. District 6 (DW)
B.
CLERK & COMPTROLLER
1.
Staff recommends motion to approve: Warrant List.
2.
Staff recommends motion to approve: the following final minutes of the Board
of County Commissioners= meetings: None
3.
Staff
recommends motion to approve: Contracts (regular) and claim settlements
list as submitted by various departments to the Clerk &
Comptroller=s Office. Countywide
4. Staff recommends motion to authorize: the Clerk’s office to sell 18 shares of Time Warner Cable shares in the most expeditious and cost effective manner. SUMMARY: Approval of the sale of said shares will provide final disposition of shares received by the Department of Engineering and Public works as part of Adelphia’s bankruptcy settlement. The sale is recommended because Common Stock is not an authorized investment for County funds, as outlined in the County Investment Policy. As of July 31, 2007, the price per share of Time Warner Cable was $38.15 for a total of $686.70. Countywide (PFK)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
C.
ENGINEERING & PUBLIC WORKS
1.
Staff
recommends motion to receive and file: a Report of plat recordations from April
1, through June 30, 2007. SUMMARY: This is a quarterly summary of
subdivision plats recorded during the past fiscal quarter as required by the
Department of Engineering and Public Works
Policies and Procedures Manual Item No. ED-0-11, governing administrative
approval of plats by the County Engineer.
Countywide
(MRE)
2.
Staff
recommends motion to approve:
A)
a Budget Transfer of
$42,967 in the Municipal Service Taxing Unit (MSTU) District Fund “C” from
Reserves to Redding Road Watermain (Project); and
B)
a $37,060.84 Task
Agreement under the Annual MSTU Districts “A” through “E” Agreement dated April
10, 2007 (R2007-0462) with Civil Design, Inc. for engineering, surveying,
geotechnical and permitting for the Project.
SUMMARY:
In accordance with the MSTU Ordinance (94-11), final re-petitions have
been received by a majority (greater than 51%) of the property owners requesting potable water
service improvements be accomplished for Redding Road. This complies with the
existing MSTU
Program Policies and Procedures.
District 3 – MSTU “C”
(PFK)
3.
Staff
recommends motion to approve:
An Agreement with Stonehaven Estates Homeowners Association Incorporated
(Community) for traffic control jurisdiction to be performed by the Palm Beach
County Sheriff’s Office. SUMMARY: This Agreement authorizes the Palm Beach
County Sheriff’s Office to provide traffic control enforcement services within
the above-referenced private residential Community. District 6
(MRE)
4.
Staff recommends motion to
approve: an Agreement with 1950 Congress Avenue, LLC
(1950) to provide funds of up to $1,000,000 toward the replacement of the Old
Boynton Road Bridge over the E-4 Canal.
SUMMARY: 1950 is widening Old Boynton Road from
Congress Avenue to Boynton Beach Boulevard, and Palm Beach County (County) has
programmed funds to replace the Old Boynton Road Bridge over the E-4 Canal. This Agreement will allow the County to
reimburse 1950 with these funds.
District 3 (MRE)
5.
Staff
recommends motion to approve:
an Amendment to the Financial Assistance Agreement (R2006-1226) with the
Town of Lake Park (Town), for an extension of the completion date for
engineering and beautification design.
SUMMARY: The original Agreement provides for a
reimbursement to the Town in an amount not-to-exceed $160,000 for the Town’s
engineering and beautification design for Park Avenue from Seventh Street to
Federal Highway. This Amendment
with the Town will extend the completion date from June 30, 2007 to June 30,
2008. The completion date of the
engineering and beautification design has been delayed due to Town staff
turnover. District 1 (MRE)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
C.
ENGINEERING & PUBLIC WORKS
(Cont’d)
6.
Staff
recommends motion to terminate:
the Interlocal Agreement with the Loxahatchee Groves Water Control
District concerning a signage program dated January 5, 1993 (R93-15D). SUMMARY: Palm Beach County entered into an
Interlocal Agreement with Loxahatchee Groves Water Control District on January
5, 1993. In accordance with this
Agreement, the County furnished standard traffic control signs and the District
installed and maintained them. On
March 30, 2007, the geographical territory of the District was incorporated into
the Town of Loxahatchee Groves. In
accordance with Florida Statute 316.006 (2), the new municipality has the
original jurisdiction over all streets and highways located within its
boundaries, except state roads, and may place and maintain any necessary
standard traffic control devices on these streets and highways. As a result of the incorporation of the
new town, the County no longer has the authority or responsibility to furnish or
install traffic control devices on any streets or highways within the boundaries
of the Town of Loxahatchee Groves.
District 6 (MRE)
7.
Staff
recommends motion to approve:
Supplemental Agreement No. 4 to Project Agreement R2003-1492 in the
amount of $127,056.57 with Metric Engineering, Inc. (MEI) for professional
services. SUMMARY: This Supplemental Agreement will provide
the services necessary for the preparation of plan revisions for 45th
Street from Jog Road to east of Haverhill Road (Project). Districts 6 & 7 (PFK)
8.
DELETED
9.
Staff
recommends motion to approve:
Establishment of an impact fee credit with G.L. Homes for Canyon Lakes,
Canyon Isles, and Canyon Springs, for the construction of Lyons Road from
Boynton Beach Boulevard south to the L-28 Canal. SUMMARY: Canyon Lakes, Canyon Isles, and Canyon
Springs (Fogg Projects) have development order conditions to construct Lyons
Road and Acme Dairy Road. All three
(3) projects will have access to both Lyons Road and Acme Dairy Road. G.L. Homes is requesting roadway impact
fee credit for the construction of Lyons Road. The cost for the construction of Lyons
Road from Boynton Beach Boulevard south to the L-28 Canal was approximately
$4,200,000. The three (3) projects
will generate approximately $6,000,000 in road impact fees. District 5 (LB)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
C.
ENGINEERING & PUBLIC WORKS (Cont’d)
10. Staff recommends
motion to approve:
A) a Budget Amendment of $49,340 in the
Municipal Service Taxing Unit Street Improvement Program (MSTU) District “C” Fund to recognize a Utility
Reimbursement from the City of Palm Springs and appropriate it to Clinton
Boulevard and Cambridge Street Paving and Drainage;
B)
a Budget Transfer of
$250,260 in the MSTU District “C” Fund from Reserves to Kidd and McConnell
Street Paving & Drainage ($74,725) and Clinton Boulevard and Cambridge
Street Paving and Drainage ($175,535); and
C)
a Contract with J.W.
Cheatham, LLC, in the amount of $1,130,536.05 for paving and drainage
improvements to Kidd Street, 2nd Street, McConnell Street, Clinton
Boulevard and Cambridge Street (Project).
SUMMARY: The Project consists of all work
necessary to improve paving and drainage for five (5) roads in central Palm
Beach County. The improvements for
Kidd Street, 2nd Street, McConnell Street, Clinton Boulevard and
Cambridge Street, all within Kenwood Estates, include twenty (20) feet of
asphalt pavement and the associated drainage system. Two (2) of the roads, Clinton Boulevard
and Cambridge Street, also include construction of 5-foot sidewalks on both
sides of the roadways. The Small
Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
project by J.W. Cheatham, LLC, is 17.33% overall. Districts 2 & 3 (MRE)
11. Staff recommends
motion to adopt: a Resolution vacating a 5’ X 20’ anchor
easement located within Lot 8, Waterway Vista as recorded in Plat
Book 25, Page 158, Public Records of Palm Beach
County, Florida. SUMMARY: This petition site is located north of
PGA Boulevard and west of Ellison Wilson Road. The vacation of this anchor easement
will increase the buildable lot area, allowing the septic tank to be constructed
in the property’s front yard.
District 1 (PFK)
12.
Staff recommends
motion to approve:
a Contract
not-to-exceed the total value of $465,000 for task orders which may be issued to
Southeast Attenuators, Inc., the lowest responsive, responsible bidder for the
Annual Guardrail Contract.
SUMMARY: The Annual
Guardrail 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 sole bidder, Southeast
Attenuators, Inc. failed to achieve any SBE participation. Countywide (MRE)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
C.
ENGINEERING & PUBLIC WORKS (Cont’d)
13. Staff recommends
motion to approve:
A) an Interlocal Agreement with the City of
Lake Worth (City) for future road work on 10th Avenue North and the
transfer of jurisdictional responsibility of 10th Avenue North to the
City; and
B)
a Budget Transfer of $210,000 in the Transportation Improvement Fund from
Reserves for District 3 to City of Lake Worth/10th Avenue North from
I-95 to North of Federal Highway.
SUMMARY: The City has agreed to assume maintenance
responsibility for 10th Avenue North from the east right-of-way of
I-95 to the west right-of way of North Federal Highway, upon acceptance of this
Agreement by the County. The County
agrees to fund and construct the improvements shown in Exhibit “A” of the
Interlocal Agreement. However, the
County will construct the improvements only after the City has entered into a
License Agreement with the Florida East Coast Railway Company (FEC) to assume
payment of the maintenance for the crossing on 10th Avenue
North. Districts 3 & 7
(MRE)
D.
COUNTY ATTORNEY
1.
Staff recommends motion to receive and
file:
the official Transcript for the closing
of the $8,160,000 Sunshine State Governmental financing Commission Tax-Exempt
Commercial Paper Revenue Notes (Palm Beach County, Program for Parks
Improvements) Series J, as authorized by Resolution R2006-1512 adopted on August
15, 2006. SUMMARY: The closing occurred October 19, 2006. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide (PFK)
2.
Staff
recommends motion to receive and file: the official Transcript for the closing
of the $17,000,000 Sunshine State Governmental financing Commission Tax-Exempt
Commercial Paper Revenue Notes (Palm Beach County, Program for Environmentally
Sensitive Lands) Series J, as authorized by Resolution R2006-2300 adopted on
October 17, 2006. SUMMARY:
The closing occurred December 6, 2006. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide (PFK)
3.
Staff
recommends motion to receive and file: the official Transcript for the closing
of the $36,000,000 Palm Beach County, Florida, Variable Rate Revenue Bonds
(Saint Andrew’s School of Boca Raton, Inc. Project), Series 2007 (the “Bonds”),
as authorized by Resolution R2007-0906 adopted on June 6, 2007. SUMMARY: The closing occurred June 14, 2007. The official transcript for this transaction
has been provided. This transcript
should now be received and filed in the Minutes Department. Countywide
(PFK)
4.
Staff
recommends motion to receive and file: the Certificate of Airport Consultant for
the Palm Beach County Airport System Revenue Bonds (the “Airport Bonds”) related
to the issuance of the County’s Variable Rate Demand Airport Revenue Bonds
(Galaxy Aviation Project, Series 2007) (the “Galaxy 2007 Bonds”). SUMMARY: The Airport Bonds
require the filing with the Clerk of a Certificate of Airport Consultant in
connection with the issuance of the Galaxy 2007 Bonds. This Certificate of Airport Consultant
should now be received and filed in the Minutes Department. Countywide
(PFK)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
D.
COUNTY ATTORNEY
(Cont’d)
5.
Staff
recommends motion to approve: a Settlement in the amount of $129,850,
including attorney’s fees, but excluding costs, in the eminent domain action
styled Palm Beach County v. Maria Mink, et al., Case
No. 502006CA010149XXXXMB, for business damages as to Southern Gardens
Nursery, operated by this business tenant on parcel 103. SUMMARY:
The County has negotiated a business damage settlement in the amount of
$129,850, including attorney’s fees, but excluding costs, subject to the
approval of the Board of County Commissioners, for business damages to Southern
Gardens Nursery being operated on parcel 103. Pursuant to Section 73.015, Florida
Statutes (2006), the business tenant made an initial good faith offer in the
amount of $194,266 to settle its business damage claim. Pursuant to the same Statute, the County
timely made a counter business damage offer in the amount of $70,000. At mediation, the County entered in to a
proposed business damage settlement in the amount of $115,000, subject to
approval of the Board of County Commissioners. Attorney’s fees in the amount of
$14,850 were calculated mathematically pursuant to Florida law, making the total
settlement amount, inclusive of attorney’s fees, but excluding costs,
$129,850. If this settlement is
approved, the County would be required to pay $129,850 to fully fund this
settlement, excluding costs, because in the case of business damages there is no
initial deposit made into the Registry of the Court. District 6 (PM)
6.
Staff
recommends motion to approve:
a Settlement in the amount of $161,962, including attorney’s fees, but
excluding costs, in the eminent domain action styled Palm Beach County v.
Maria Mink, et al., Case No. 502006CA010149XXXXMB, for the taking of
parcels 104/238/304, owned by Ronald L. Schwartz, Cheryl K. Schwartz and
occupied by a business tenant, Country West Landscaping, Inc. SUMMARY: The County has negotiated a settlement in
the amount of $161,962, including attorney’s fees, but excluding costs, subject
to the approval of the Board of County Commissioners, for parcels 104/238/304,
which includes compensation for the land taken and all damages of any type,
including business damages. The County previously deposited $86,100 as its
initial good faith deposit and estimate of value for the land taken and the
improvements thereon. The proposed
settlement is $145,000 for the land taken, the improvements, and all other
damages, including business damages, plus attorney’s fees in the amount of
$16,962, calculated mathematically pursuant to Florida law. The total settlement including
attorney’s fees, but excluding costs, is $161,962. If this settlement is approved, it would
require the County to pay an additional $75,862 to fully fund the settlement,
excluding costs. District 6
(PM)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
E.
COMMUNITY SERVICES
1.
Staff recommends
motion to approve: Standard Agreement No. IR007-9500 for
the Respite for Elders Living in Everyday Families (RELIEF) program with the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period
July 1, 2007, through June 30, 2008, in the amount of $102,058. SUMMARY: The RELIEF Standard Agreement will allow
the County, through its Division of Senior Services (DOSS), a lead agency, to
provide an expansion of currently available in-home respite, specifically
evening and weekend respite, in order to increase the ability of a family unit
to continue to care for a homebound elderly individual beyond the basic
provisions of current public programs.
Under this Agreement, DOSS will directly provide 14,077 volunteer service
hours at a unit reimbursement rate of $7.25 for each hour of in-home respite,
and each hour of training provided to volunteers. The unit rate provides a stipend for the
RELIEF volunteers of $2.55 per hour, plus $2.50 daily for meal expense and $.485
a mile for travel allowance. RELIEF
services are funded with $102,058 in state funds provided through the AAA
agreement and additional County funds in the amount of $69,132 are needed to
cover staff salaries and administrative costs not covered by the Agreement. The Agreement spans two (2) County
fiscal years. Sufficient funding is
available in the FY 2007 budget to meet County obligations. County funding
required to meet FY 2008 obligations has been requested in the FY 2008 budget
process. (DOSS) Countywide (TKF)
2.
Staff
recommends motion to approve:
Amendment No. 001 to Standard Agreement No. IA007-1 (R2007-0119;
dated February 6, 2007) for the Older Americans Act (OAA) Program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. for the period January 1,
2007, through December 31, 2007, increasing the agreement amount by $76,634 for
a new total not-to-exceed the amount of $1,976,742 for various supportive
services to seniors. SUMMARY: This Amendment will increase
OAA-IIIB In-Home Services by $2,106; C1 Congregate Meals by $74,272; C2 Home
Delivered Meals by $263; and decrease IIIE-G1 Adult Day Care by $7. In the area south of Hypoluxo Road, Mae
Volen Senior Center, Inc. currently provide OAA services under a similar grant
from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
3.
Staff
recommends motion to approve: Contract with 211 Palm Beach Treasure Coast,
Inc. in an amount not-to-exceed $45,707 for the period October 1, 2007, through
September 30, 2008, for supportive services to homeless persons. SUMMARY: 211 Palm Beach Treasure Coast, Inc.
will provide homeless individuals access to a toll free Homeless Helpline
and an intake worker 24 hours per day, 7 days a week for 365 days a year. The intake worker screens appropriate
referrals for the Homeless Outreach Teams (HOT), accesses other available
resources and enters all data into the Client Management Information System
(CMIS), a centralized computer database.
The Homeless Helpline will work in conjunction with the 211 Information
System. Payment is based on a unit
cost and the estimated number of appointments scheduled for the HOT. A total of $45,707 in County funds is
included in the FY 2008 budget.
County obligations under this Contract are subject to budget
approval. (Human Services) Countywide (TKF)
4.
Staff
recommends motion to approve: Contract with The Center for Family
Services of Palm Beach County in an amount not-to-exceed $47,514 for the period
of October 1, 2007, through September 30, 2008, for emergency shelter services
to homeless persons.
SUMMARY: The Center for Family Services will
coordinate emergency after hours’ shelter placement and food, including the
provision of transportation and ongoing case management to homeless persons
until alternate placement can be arranged. A total of $47,514 in County funds is
included in the FY 2008 budget.
County obligations under this Contract are subject to budget approval.
(Human Services) Countywide (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
E.
COMMUNITY SERVICES
(Cont’d)
5.
Staff
recommends motion to approve:
Contract with
Christians Reaching Out to Society (CROS) Ministries, Inc. in an amount
not-to-exceed $42,548 for the period of October 1, 2007, through September 30,
2008, to provide gleaning services. SUMMARY: CROS Ministries will recruit and
coordinate gleaning opportunities through local church, civic and non-profit
agencies, in the County to develop strong neighborhood relationships,
opportunities and support systems.
Gleaning is the gathering of excess produce after the fields have been
harvested. The produce is
transported to the Daily Food Bank to be distributed to homeless shelters, day
care centers, senior centers, and emergency food pantries. This project is a collaboration between
the County, CROS and United Way to bring fresh produce into low income
neighborhoods as fresh fruit and vegetables are usually too expensive and/or of
poor quality in these areas. The
addition of these resources adds much needed nutrition to the diet and promotes
health and wellness. A total of
$42,548 in County funds is included in the FY 2008 budget. County obligations under this Contract
are subject to budget approval.
(Human Services)
Countywide (TKF)
6.
Staff
recommends motion to approve: Contract with Gulfstream Goodwill
Industries, Inc. in an amount not-to-exceed $34,005 for the period October 1,
2007, through September 30, 2008, for supportive services to homeless persons.
SUMMARY: Goodwill Industries, Inc. will
provide case management services to thirty (30) homeless individuals through the
Transitional Housing program, Project SUCCESS. 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 FY 2008 budget. County obligations under this Contract are
subject to budget approval. (Human Services) Countywide (TKF)
7.
Staff
recommends motion to approve: Contracts with the following vendors for the
period of October 1, 2007, through September 30, 2008 for support services to
homeless individuals:
A)
Oakwood Center of
the Palm Beaches, Inc. in an amount not-to-exceed $ 42,330;
and
B)
Comprehensive
Alcoholism Rehabilitation Programs, Inc. (CARP) in an amount not-to-exceed
$42,330.
SUMMARY: Oakwood Center of the Palm Beaches, Inc.
and Comprehensive Alcoholism Rehabilitation Programs, Inc. (CARP) provide
special population staffing that target homeless persons. Separate contracts are provided for
these two (2) agencies. Each
contract will receive $42,330. A
total of $84,660 in County funds is included in the FY 2008 budget. County obligations under these contracts
are subject to budget approval. (Human Services) Countywide (TKF)
8.
Staff
recommends motion to approve:
Contract with
Oakwood Center of the Palm Beaches, Inc. in an amount not-to-exceed $73,318 for
the period of October 1, 2007, through September 30, 2008, for services to
homeless individuals. SUMMARY: Oakwood Center of the Palm Beaches,
Inc. 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 are 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 (HUD)
Shelter Plus Care grant programs. A
total of $73,318 in County funds is included in the FY 2008 budget. County obligations under this Contract
are subject to budget approval. (Human Services) Countywide (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
E.
COMMUNITY SERVICES
(Cont’d)
9.
Staff
recommends motion to approve:
Contract with The Lord’s Place in an amount not-to-exceed $63,000 for the
period of October 1, 2007, through September 30, 2008, for support services to
homeless persons. SUMMARY: The Lord’s Place will provide
supportive services to a maximum of 78 homeless individuals in an effort to
reduce recidivism of single, chronic homeless males through Operation Jump
Start. The project’s objective is
to reduce the “revolving door” syndrome of chronic homeless males by extending
emergency shelter from 30 to 60 days; educating and motivating participants
towards change that will create self-sufficiency through an intensive day
program; and evaluating the effectiveness of a low demand program in engaging
and creating change in the chronic homeless population. 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 $63,000 in County funds is included in the FY 2008
budget. County obligations under
this Contract are subject to budget approval. (Human Services) Countywide (TKF)
10. Staff recommends
motion to approve: Contract with the United Way of Palm Beach
County in an amount not-to-exceed $25,000 for the period October 1, 2007,
through September 30, 2008 to support the Community Food Alliance. SUMMARY: The County continues to partner with
the United Way to provide staff support of the Palm Beach County Community Food
Alliance. This Alliance implements
the Countywide Community Food Security Action Plan to decrease hunger in Palm
Beach County. This action plan was
developed as a result of the 2004 Food Security Survey. Funding from the County will be matched
by United Way for the support of the salary/benefits and related expenses of the
Community Food Alliance Coordinator.
County obligations under this Contract are subject to budget
approval. (Human Services)
Countywide (TKF)
11. Staff recommends
motion to approve:
Contract with United
Way of Palm Beach County, Inc. (United Way) for the period October 1, 2007,
through September 30, 2008, in an amount not-to-exceed $25,000 to provide
disaster recovery services. SUMMARY:
This Contract with United Way will support staffing and related
expenses for the Disaster Recovery Coalition. United Way agrees to provide oversight as
the fiscal agent for the Coalition and direct supervision of coalition
personnel. The Coalition will
provide disaster response and recovery services in support of the Palm Beach
County Comprehensive Emergency Management Plan. County obligations under this contract
are subject to budget approval.
(Human Services)
Countywide (TKF)
12. Staff recommends
motion to adopt: Resolution delegating authority to
the County Administrator, or his designee to sign the Fiscal Year 2008 HIV
Emergency Relief Grant Application and any other necessary documents. SUMMARY: The County has been notified that it
is one of the Eligible Metropolitan Areas (EMA) which will receive funds under
the Part A HIV Emergency Relief Grant. The grant application for FY 2008 must be
submitted to the U.S. Department of Health and Human Services by October 15, 2007. To ensure that the grant application
deadline is met, the delegation of authority to sign the application is
requested. (Ryan White) Countywide (TKF)
13. Staff recommends
motion to approve: Contract
for consulting/professional services with Audrey Greenwald for the period of
October 1, 2007, through September 30, 2008, in an amount of $28,860 for speech
and language services to Head Start children. SUMMARY:
Audrey Greenwald will provide speech/language therapy by appropriate
licensed therapists to Head Start children. The provider is required to bill
Medicaid for evaluations and services for children who are Medicaid
eligible. Funding consist of
$23,088 (80%) in Federal funds and $5,772 (20%) in County funds. The County’s portion is included in the
FY 2008 budget. (Head Start)
Countywide
(TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
E.
COMMUNITY SERVICES
(Cont’d)
14. Staff
recommends motion to approve: Consulting /Professional Services
Contract with Multilingual Psychotherapy Centers, Inc. for the period October 1,
2007, through September 30, 2008, in an amount of $36,000 for mental health
services for Head Start and Early Head Start children. SUMMARY: Multilingual Psychotherapy Centers, Inc. will
provide mental health services to Head Start/Early Head Start children and their
families. Funding consists
of $28,800 (80%) in Federal funds and $7,200 (20%) in County funds. The County’s portion is included in the
FY 2008 budget. (Head Start)
Countywide (TKF)
15. Staff recommends
motion to approve:
Contract for
provision of Ryan White Part A HIV Health Support Services with Treasure Coast
Health Council, Inc. for the period March 1, 2007, through February 29, 2008,
totaling $190,020 for Emergency Relief Formula funds to provide Care Council
support and program support services.
SUMMARY: Treasure Coast
Health Council, Inc. provides the staff and program support necessary for the
HIV Care Council as part of the grant award requirements established by
the Department of Health and Human Services Health Resources and Services
Administration (HRSA). Funding is
provided under the Ryan White Part A Emergency Relief Formula and no County
funds are required. (Ryan White) Countywide (TKF)
16. Staff recommends motion to approve: Amendment No. 001 to the Contract for Consulting/Professional Services with Joseph L. Morse Geriatric Center-Just Checking Program (R2006-1095; dated June 20, 2006) for the period July 1, 2007, through June 30, 2008, for a not-to-exceed amount of $20,040 to execute the first renewal option. SUMMARY: This Amendment exercises the first renewal option for professional/consultation services with Joseph L. Morse Geriatric Center-Just Checking Program. It allows the Division of Senior Service (DOSS) to continue to meet the Area Agency on Aging Palm Beach/Treasure Coast, Inc., (AAA) counseling services requirements of the Community Care for the Elderly (CCE) grant by providing mental health counseling services to clients on an individual basis at the same rate of $60 per hour. Funding consists of $18,036 (90%) in State funds and $2,004 (10%) in County matching funds. The County match funds are included in the current and the tentative FY 2008 budget. No additional County funds are required. In the area south of Hypoluxo Road, Ruth Rales Jewish Family Services of South Palm Beach County (RRJFSSPBC) currently provides CCE services under similar grants from the AAA. (DOSS) Countywide except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
E.
COMMUNITY SERVICES
(Cont’d)
17. Staff recommends
motion to approve:
A) Amendments to the following Delegate
Agencies/Contract Provider/Child Care Provider contracts as indicated below
totaling $89,139:
1)
Amendment No. 1 to Apostolic Child Development Centers, Inc. (R2006-1091)
for $3,036 for a new total not-to-exceed agreement amount of
$256,208;
2) Amendment No.1 to Florence Fuller Child
Development Centers, Inc. (R2006-1892) for $2,537 for a new total not-to-exceed
agreement amount of $194,861;
3) Amendment No.1 to The Kings Kids Early
Learning Center, Inc. (R2006-1093) for $3,408 for a new total not-to-exceed
amount of $286,746;
4)
Amendment No.1 to A Step Above Learning Center, Inc. d/b/a A step Above
Learning Center (R2006-1090) for $2,066 for a new total not-to-exceed amount of
$166,226;
5) Amendment No. 2 to Florence Fuller Child
Development Centers, Inc. (R2006-1891) for $14,828 for a new total not-to-exceed
amount of $1,014,664;
6)
Amendment No.1 to Hispanic Human Resources Council, Inc. (R2006-1893) for
$28,685 for a new total not-to-exceed amount of
$1,941,032;
7) Amendment No. 1 to Emmanuel Child
Development Center Inc. (R2006-1092) for $2,390 for a new total not-to-exceed
amount of $200,790;
8) Amendment No. 2 to YWCA of Palm Beach
County, Inc. (R2006-1895) for $7,887 for a new total not-to-exceed amount of
$540,456;
9) Amendment No. 2 to Education Development
Center, Inc. d/b/a My First Steps Preschool (R2006-1885) for $8,139 for a new
total not-to-exceed amount of $560,557;
10) Amendment No. 2 to The Union Missionary
Baptist Church, Inc. (R2006-1094) for $3,201 for a new total not-to-exceed
amount of $277,575;
11) Amendment No.1 to Apostolic Child
Development Centers, Inc. (R2006-1889) for $8,448 for a new total not-to-exceed
amount of $571,629;
12) Amendment No. 1 to Hispanic Human
Resources Council, Inc. (R2006-1884) for $3,088 for a new total not-to-exceed
amount of $208,948;
13) Amendment No.1 to Family Central, Inc.
(R2006-1890) for $1,426 for a new total not-to-exceed amount of
$114,517;
B) Budget Amendment of $218,399 for the Head
Start /Early Head Start programs to recognize a Cost of Living Adjustment (COLA)
award from the Department of Health and Human Services/Administration for
Children, Youth and Families (HHS /ACYF) for the period October 1, 2006, through
September 30, 2007.
SUMMARY: Head Start /Early Head Start has applied for
and received a COLA award of $218,399 (Head Start $193,578, Early Head Start
$24,821) from the Department of Health and Human Services, Administration for
Children and Families. This award
is to provide for a 1.5% increase to Head Start and Early Head Start budgets and
is distributed to the delegate agencies, contract providers and child care
providers listed above ($89,139); there is a pending amendment to one (1)
additional delegate agency ($16,133) not listed, and the remaining $113,127
allocated for Head Start/Early Head Start for materials supplies, equipment,
food and dietary and training. A
required County match of $54,600 is included in the current budget. A Budget Amendment is needed to align the
County budget with the award. (Head
Start) Countywide (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
F.
AIRPORTS
1.
Staff
recommends motion to approve: the Sale of all common stock
shares held by the County, arising from bankruptcy distributions of US Airways
and Northwest Airlines. SUMMARY:
US Airways filed for bankruptcy protection on August 11, 2002 with
outstanding payments to the County’s Department of Airports in the amount of
$154,975.66. Northwest Airlines
filed on September 14, 2005 owing $40,557.06. Under Chapter 11 of the United States
Bankruptcy Code, debtors are granted relief from paying outstanding debts at the
time of bankruptcy filing. Pursuant
to the Plans of Reorganization from the respective companies and as approved by
the US Bankruptcy Court, pro rata shares of common stock were issued to general
unsecured creditors. The County’s
estimated stock value for US Airways and Northwest Airlines is $24,465 and
$17,491, respectively, before transaction fees. Additional distributions are not
expected. All Airport fees
subsequent to the respective filing dates have been paid on a timely basis by
both airlines. Under the terms and
conditions of the County’s Airline-Airport Use and Lease Agreement, unpaid debt
is charged to all airline companies operating at Palm Beach International
Airport (PBIA) as a component of terminal rents and landing fees. Therefore, the Department has recovered
the value of the unpaid pre-petition debt through ongoing rates and
charges. Countywide (PM)
2. Staff recommends motion to approve:
A) Fifth Amendment to Airport Building/Ground Lease Agreement (R93-1323D) with Aircraft Service International, Inc., (ASII) extending the term of the agreement for an additional five (5) years to June 30, 2016; and
B) Second Amendment to Fuel Farm Facilities Lease Agreement (R99-2004D) with Aircraft Service International, Inc., extending the term of the agreement for an additional five (5) years to June 30, 2016.
SUMMARY:
The Department of
Airports is requesting approval to amend ASII’s Airport Building/Ground Lease
Agreement and ASII’s Airport Fuel Farm Facilities Lease Agreement to extend both
agreements for an additional five (5) years to June 30, 2016. The Board approved
an extension to both agreements on August 15, 2006 to provide ASII with time to
amortize its cost of bringing its fuel storage facilities into compliance with
Florida Department of Environmental Protection requirements. Due to an increase in costs of the
project, ASII is requesting a five (5) year extension to its agreements. ASII will be making an investment
of $2.871 million dollars on the project.
Countywide
(JB)
3.
Staff
recommends motion to approve: a List of twelve (12) charitable
organizations to benefit from proceeds (coins) from the fountain at Palm Beach
International Airport during the period of October 1, 2007, through September
30, 2008. SUMMARY: On March 14, 1989, the Board
approved the concept of collecting contributions from the Airport’s fountains on
a monthly basis and contributing the funds to a different local charitable
organization recommended by the Department of Airports in conjunction with the
Community Services Department and approved by the Board. The Department of Airports recommends
the non-profit organizations listed on Attachment “A” of the Agenda Item,
provided by the Community Services Department to receive contributions for the
coming year commencing October 1, 2007.
Average monthly contributions for the past year have been approximately
$100. In addition, the list will be
provided to The Paradies Shops, the Airport’s retail operator, who will send the
contribution from the fountain in its main gift shop along with an additional
contribution of $250 to the listed pursuant to its concession agreement. Countywide (AH)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
F.
AIRPORTS
(Cont’d)
4.
Staff recommends
motion to receive and file: six (6) original Agreements for the Department of
Airports:
A) Consent to Assignment of North County
General Aviation Airport Executive Hangar Lease Agreement with Sunrise
Instruments & Avionics, Hangar No. 11250-07, effective August 9,
2007;
B) Agreement to Terminate Hangar Lease
Agreement with Saratoga Sky, LLC for Hangar No. 5, Building 11740, effective
July 23, 2007 with a termination date of July 31, 2007 (amending
R2006-0973);
C) Air Freight Building Lease Agreement with
Bullet Delivery of West Palm Beach, Inc., effective August 9,
2007;
D) Airline-Airport Use and Lease Agreement
with US Airways, Inc., effective July 25, 2007;
E) Federal Aviation Administration Grant
Agreement No. 3-12-0085-047-2007 of $1,003,531 for “EIS Phase 2 – Additional
Services including supplemental analysis of air quality, historic resources,
noise, and additional public involvement” at Palm Beach International Airport,
effective August 8, 2007; and
F) Federal
Aviation Administration Grant Agreement No. 3-12-0086-007-2007 of $142,500 for
“Runway 33 Threshold Improvements: Restripe runway 15 threshold” at Palm Beach
County Park Airport (Lantana), effective August 16, 2007.
SUMMARY:
Delegation of authority
for execution of the standard County agreements above was approved by the BCC in
R95-846, R96-1465, R2004-1367, R2005-2444 and R2006-2086. Countywide (AH)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1.
Staff
recommends motion to:
A)
adopt a Resolution authorizing the issuance of a
Public Improvement Revenue Bond Anticipation Note, Series 2007 in the principal
amount of not exceeding $20,100,000 in anticipation of the issuance of not
exceeding $170,000,000 Public Improvement Revenue Bonds, heretofore authorized
by Resolution No. R2007-1228 of the Board adopted July 24, 2007, for the purpose
of expediting the financing of the costs of acquisition, renovation,
construction and equipping of Criminal Justice and Public Improvement Facilities
and all other costs necessary or incidental thereto; approving the form of and
authorizing the execution and delivery of a loan agreement providing for the
terms and payment of such Bond Anticipation Note; providing for the rights,
security and remedies of the holder thereof; making certain covenants and
agreements therewith; authorizing the negotiated sale of the Bond Anticipation
Note pursuant to a loan agreement with the successful bidder; authorizing the
proper officials of the County to do all other things deemed necessary or
advisable in connection with the issuance of such Bond Anticipation Note; and
providing for an effective date; and
B) approve a Budget Amendment of
$20,045,000 in the $20 Million Public Improvement Revenue Bond Anticipation
Note, Series 2007 Capital Fund to record the proceeds of the note and the cost
of issuance.
SUMMARY:
On July 24, 2007, the Board adopted a Resolution No. R2007-1228
authorizing the issuance of Public Improvement Revenue Bonds in the principal
amount not-to-exceed $170 Million for the purpose of financing the costs of
acquisition, renovation, construction, and equipping of additional criminal
justice and public improvement facilities.
At that time, Facilities Development and Operations requested approval of
a $20 Million Bond Anticipation Note for the funding of the projects until the
bonds are issued in February 2008.
The County’s Financial Advisor has requested bids from qualified lending
institutions and the low bidder will be determined on September 4, 2007. The Budget Amendment sets-up the capital
proceeds and the expected costs of issuance. Countywide
(PFK)
2.
Staff
recommends motion to adopt:
A) a Budget Transfer of $14,070,848 in the
Public Building Improvement Fund from Future Construction Reserves to the
Transfer to the General Fund; and
B) a Budget Amendment of $14,070,848 in the
General Fund to recognize the Transfer from the Public Building Improvement Fund
and to increase Contingency Reserves.
SUMMARY: This budget transfer and amendment are
necessary to move available funds in the Public Building Improvement Fund to the
General Fund. These funds are
available for transfer as a result of the reduction of a number of previously
funded capital projects, and this recommendation is consistent with the Board’s
direction during our budget workshops.
These funds will be used to help offset the property tax revenue
reductions that have come about as a result of the “tax reform” approved by the
Florida Legislature. Original
funding for these de-funded projects was provided by a transfer from the General
Fund. Countywide (PFK)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
G.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3.
Staff
recommends motion to approve: a Budget Transfer from school impact fee
reserve accounts to school impact fee appropriation accounts for the following
school impact fee funds:
Fund
Amount
School Impact Fee Zone 1
$
826,000
School Impact Fee Zone 2
$1,327,000
School Impact Fee Zone 3
$1,333,000
School Impact Fee Zone 4
$
659,000
SUMMARY:
Estimated impact fees budgeted in reserve accounts cannot be appropriated
until funds have been collected.
The Budget Transfer allows for the appropriation of collected impact fees
and allows the County to remit funds to the School District. Countywide (LB)
4.
Staff recommends
motion to approve:
A) a Budget Transfer of $93,648 in the Park
Improvement Fund eliminating the balance in FY 2007 District 3 Recreation
Assistance Program (RAP) funding;
B) a Budget Amendment of $93,648 in the
General Fund recognizing an increase in the Contingency Reserves;
and
C) a Budget Transfer of $211,268 in the
Transportation Improvement Fund eliminating the balance in FY 2007 District 3
District Improvement Program (gas tax) funding.
SUMMARY: Commissioner Kanjian has requested that the balances in FY 2007 District 3 RAP and gas tax funding be eliminated. The balances are being returned to the General Fund Contingency Reserve and the Transportation Improvement Fund Reserve for Future Projects, respectively. District 3 (PFK)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
1.
Staff
recommends motion to approve:
A) Amendment
No. 1 to the Interlocal Agreement (R2006-1346) with the West Palm Beach Downtown
Development Authority (DDA);
B)
a Budget Transfer of $25,025 to Palm
Tran from reserves in the Public Building Improvement Fund to increase the
transfer outline to Palm Tran Operations Fund; and
C)
a Budget Amendment of $25,025 in the
Palm Tran Operations Fund recognizing the transfer from the Public Building
Improvement Fund and increasing the salary budget line.
SUMMARY:
The vertical expansion of the Judicial
Center Parking Garage is expected to be completed in the spring of 2008;
therefore, the interim parking solution of parking jurors at the Palm Beach
County Convention Center needs to be extended. Amendment No. 1 is a six (6) month
extension to the Interlocal Agreement with the DDA to continue transporting
jurors back to the Convention Center. The cost to the County is identical to the
DDA’s costs. The County may
terminate the agreement with the DDA with thirty (30) days written notice if the
entire extension period is not needed. Palm Tran, which transports jurors from
the Convention Center to the Courthouse in the morning shall continue its route
from the Convention Center to the Courthouse through the end of March 2008 at a
cost of $25,025. The budget transfer and amendment are necessary to reflect
payment to Palm Tran in lieu of formal agreement and invoice. The costs of both will be handled by the
contingency established in the interim parking solution account and by the
construction project contingency.
The County’s use of the Courthouse Commons parking garage will also be
extended via separate approval through the end of March 2008. (FDO Admin) District 7 (JM)
2.
Staff
recommends motion to approve:
Amendment No. 2 to
Contract with The Gordian Group, Inc. (R2005-1489) to implement the second and
final renewal for consulting/professional services and increase the
not-to-exceed limit from $265,000 to $355,000. SUMMARY: Amendment No. 2 is the second and final
renewal allowed by the contract.
The Gordian Group provides professional services required to implement
the Job Order Contract (JOC) system to facilitate renovation, repair, and/or
maintenance improvement projects.
Compensation is 1.5% of the dollar value of work orders issued to all JOC
contractors. This Amendment is
being processed now, due to the not-to-exceed limit having been reached after
only eight (8) months of the twelve (12) month renewal term. This last renewal also increases the
not-to-exceed limit by $90,000 for a total of $355,000 to reflect the estimated
value of work orders to be issued in the next 12 months. Amendment No. 2 is a renewal to the
Contract for Consulting/Professional Services, which was awarded to the Gordian
Group, Inc. on August 16, 2005 and previously amended on December 5, 2006. All other terms of the original contract
remain in effect. (FD&O
Admin) Countywide (JM)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3.
Staff recommends
motion to approve:
Supplement No. 2 to Consultant Services Authorization (CSA) No. 1 to
Contract with Miller-Legg & Associates, Inc. (R2005-0954) in the amount of
$159,714.30 to provide additional engineering and architectural services
associated with Palm Tran’s West Palm Beach Intermodal Transfer Facility (ITF).
SUMMARY: Supplement No. 2 will
include final engineering design for construction document preparation,
regulatory permitting and bidding assistance, and complete construction
administration services for the development and construction of a new bus loop
and associated public transportation passenger services adjacent to the existing
Seaboard Train Station in downtown West Palm Beach. The ITF, which is to be operated and
maintained by Palm Tran, is designed to enhance the public ground transportation
network and bring together the commuter rail and bus systems in a manner that
facilitates transfer between the different modes of public transportation. These services are required to complete
the design and effectively administer all construction activities. In accordance
3.with the Federal Transit Administration’s grant fund
requirements, Miller-Legg will comply with all pertinent federal obligations and
complete the Representations and Certifications form. Miller-Legg will provide SBE
participation of 30.4% for this Authorization. When combined with all previous
authorizations, the cumulative SBE participation is 18.4%, exceeding the 15%
goal. (Capital Improvements
Division) District 7 (JM)
4. Staff recommends motion to approve: a continuing services Contract with Hedrick Brothers Construction for construction management services for various capital projects. SUMMARY: This Contract provides for construction management services associated with the design and construction of various capital projects, which may include new construction, additions, or renovations from $400,000 to $25,000,000. Once a project is assigned to Hedrick, a task authorization for preconstruction services will be authorized and Hedrick will prepare a Guaranteed Maximum Price (GMP) for the construction phase. The GMP will include the cost of work required by the construction documents and the construction manager’s fee associated with project construction. Individual GMPs will be implemented as work orders to this annual contract and will be presented to the appropriate approval authority. The Contract is for a period of two (2) years with three (3) - one (1) year renewal options. SBE goals for the projects will be 15%. (Capital Improvements Division) Countywide (JM)
5.
Staff recommends
motion to approve: Contract
with West Construction, Inc. for the construction of Dick Moroso Waterway Park
in the amount of $2,476,321. SUMMARY: This Contract will provide for
the construction of a new waterway park along Broadway in Riviera Beach,
providing public boat access to the Intracoastal Waterway south of Phil Foster
Park. The improvements include
construction of a boat launching basin with floating docks and three (3) public
boat ramps, associated parking, a restroom building, two (2) gazebos and
associated site improvements. The
SBE goal for this project is 15%.
The West Construction, Inc. bid includes participation of 19.9%. The contract time is 485 calendar days
to substantial completion. (Capital
Improvements Division) District
7 (JM)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
6.
Staff
recommends motion to approve: a Budget Amendment of $96,334 in the
Public Building Improvement Fund recognizing funds received from Palm Beach
Community College (PBCC) and increasing the project budget line. SUMMARY: The funds received reflect PBCC’s share
of consultant services costs associated with the preparation of the re-zoning,
subdivision plan and Environmental Resource Permit (ERP) for the 20-Mile Bend
property. The pursuit of these
approvals was made necessary as a result of the April 10, 2007 acquisition of
approximately 100 acres of land from the South Florida Water Management District
for the ultimate development for four separate uses (Law Enforcement Training
Facility, Public Shooting Park, PBCC Public Safety Training Complex, and SFWMD
Field Station). The land acquisition agreement required the County to pursue
these approvals on behalf of all uses and the funding reimburses the County for
the PBCC costs associated with the 21.5 acres of this property that will be
developed by PBCC as a Public Safety Training Complex. (FDO Admin) District 6 (JM)
7.
Staff recommends
motion to approve: a Grant of Easement in favor of the Village of
Wellington (Village) and the Acme Improvement District for a water main and
sewer main serving the County’s Wellington Library. SUMMARY: The County recently completed
construction of the Wellington Library expansion located at the northwest corner
of Forest Hill Boulevard and Royal Fern Drive. Construction included
installation of an extension of the water and sewer mains serving the Library.
This Grant of Easement will provide for a perpetual and exclusive easement for
the recently installed lines. The
easement area is approximately 32' x 111' (3,552 square feet / 0.08 acres) and
begins at Royal Fern Drive and continues west into the County property. This easement is being granted at no
charge, as it will provide water and sewer service to the County facilities. (PREM) District 6 (JMB)
8.
Staff recommends
motion to approve: an Agreement for Purchase and Sale with the City of
Belle Glade to acquire a 1.76 acre parcel of improved land at 525 SW
2nd Street in Belle Glade for $1. SUMMARY: On December 20, 2005, the Board
approved an Interlocal Agreement (R2005-2442), with the City of Belle Glade for
Fire Protection and Emergency Medical Services. The Interlocal Agreement provided for
the conveyance to the County of the City’s existing fire station. Staff has completed due diligence,
including a Phase I Environmental Site Assessment and title work, and no
problems were discovered. In the
event the County stops providing fire rescue services to the City, the City is
obligated to repurchase the property for $1, plus the fair market value of the
improvements to the station made by the County, as determined by an
appraisal. Closing is expected to
occur within ten (10) days of Board approval. (PREM) District 6 (JMB)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
9.
Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in 0.0266 acres of land to the City of Lake Worth, without
charge and with a reservation of mineral rights, but without rights of entry and
exploration; and
B) approve a County Deed in favor of the City of Lake
Worth.
SUMMARY: The City of Lake Worth (City) has requested
the conveyance of 0.0266 acres of surplus County-owned property located at the
corner of 13th Avenue North and Federal Highway in Lake Worth. The City has leased the property from
the County since 1976 (R76-1097), for public beautification, landscaping, and
maintenance purposes at an annual rate of $1. The term of the Lease Agreement expires
November 23, 2036. In order for the
City to continue its maintenance of the property without monitoring the Lease
Agreement and requesting extensions to the term of the Lease Agreement, the City
has requested the County convey the property to the City. There is no identified County use for
the property and, pursuant to F.S. 125.38, the County is authorized to convey
property to a municipality at no charge.
The assessed value of the property is $2,200. The conveyance to the City is subject to
the following: i) the property shall be used solely for public beautification,
landscaping, and maintenance purposes; ii) the reservation of an easement for the County to operate
and maintain a traffic control device; and iii) the County having to right to
repurchase the property for $1 should another County purpose be identified.
Staff believes that this property will be more appropriately managed and
maintained by the City. The County
will retain mineral and petroleum rights in accordance with F.S. 270.11, without
rights of entry and exploration.
(PREM) District 3
(HJF)
10.
Staff recommends motion to
approve: BMC Replat No. 1.
SUMMARY: In 2003, the County entered into an
Agreement (R2003-0313) to sell 8.5 acres of property at the northeast corner of
Belvedere Road and Military Trail to Belvedere Military Corporation (BMC). This property was incorporated into the
Wal-Mart commercial shopping center.
The Agreement with BMC required BMC to replat the entire project,
including a small portion of the project which is still owned by the
County. The County is required to
execute the Plat as property owner.
This action will close out all obligations of BMC and the County under
the Agreement. (PREM) District 2
(HJF)
11.
Staff recommends
motion to approve: the Notice of Cancellation of Lease Agreement
(R2005-1714) with Habitat for Humanity Palm Beach County, Inc. SUMMARY: On September 15, 2005, the Board approved
a tri-party Lease Agreement with Habitat for Humanity Palm Beach County, Inc.
and Truth, Responsibility, Unity, Training, Hope & Success, Inc. (TRUTH) for
.33 acres of land located at 1031 and 1033 State Street, West Palm Beach for the
operation of its 4-H Youth Community Garden Program. The term of the Lease Agreement will
expire on March 21, 2008. TRUTH was
dissolved in September 16, 2005, and has not participated in the community
garden since that date. Due to the
loss of funding through the 4-H Youth Community Garden Program, the Cooperative
Extension Services Department has requested the cancellation of the Lease
Agreement, which had an annual rental rate of $1. The County has the right to cancel this
Lease Agreement for any reason upon sixty (60) days prior written notice. (PREM) District 7
(HJF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
12.
Staff recommends
motion to approve: a Utility Easement Agreement in favor of BellSouth
Telecommunications, Inc. d/b/a AT&T Florida (BellSouth) for telephone and
data lines providing communication service for the Parks & Recreation
Department’s Administration Building at John Prince Memorial Park (Building). SUMMARY: The County completed construction of new
administrative offices for the Parks and Recreation Department in 2005. The construction required installation
of new telephone and data lines.
BellSouth requires a perpetual non-exclusive easement for the lines. The easement area commences near the
Congress Avenue entrance to Park, continues through the Park along the main
driveway, and culminates near the northwest corner of the Building. The easement area is approximately
3,300' in length by 10' wide, and contains a total of 33,336 square feet (.77
acres). This easement is being
granted at no charge, as it is required to provide communication service to
County facilities. (PREM) District 3 (JMB)
13.
Staff recommends
motion to approve:
A) a Utility Easement Agreement in favor of the
City of Lake Worth to provide electrical service to the Parks & Recreation
Department’s Administration Building at John Prince Memorial Park (Building);
and
B) a Utility Easement Agreement in favor of
the City of Lake Worth to provide water service to the
Building.
SUMMARY: The County completed construction of new
administrative offices for the Parks and Recreation Department in 2005. The construction required installation
of new electrical and water lines to service the Building. The City of Lake Worth requires
perpetual non-exclusive easements for these lines. The electrical service easement area is
approximately 567' in length by 10' wide, and contains a total of 5,672 square
feet (.13 acres). The water service
easement area is approximately 535' in length by 12' wide, and contains a total
of 6,382 square feet (.15 acres).
Both easements commence at the southern right-of-way of Sixth Avenue
South, and continue southerly to the Building. Both easements are being granted at no
charge, as they are required to provide services to County facilities. (PREM) District 3 (JMB)
14.
Staff recommends
motion to approve: a Utility Easement Agreement in favor of BellSouth
Telecommunications, Inc. d/b/a AT&T Florida (BellSouth) for communication
service at the Club Managers Association of America Therapeutic Recreation
Complex at John Prince Memorial Park (the “Complex”).
SUMMARY: In January
2007, the County completed renovations to the County’s Complex, located at 2728
Lake Worth Road in Lake Worth. The
renovations included installation of new phone and data lines. BellSouth requires a perpetual
non-exclusive easement for the new lines.
The easement area commences at the southern right-of-way of Lake Worth
Road near the entrance to the Complex and continues southeasterly through the
site culminating at the western portion of the recreation center building. The easement area is approximately
115.39' in length by 10' wide, and contains a total of 1,036 square feet (0.024
acres). This easement is being
granted at no charge, as it is required to provide communication service to the
County facilities. (PREM) District 3 (JMB)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
15.
Staff recommends
motion to approve:
A) a Utility Easement Agreement in favor of the
City of Lake Worth for electric service to serve the Club Managers Association
of America Therapeutic Recreation Complex at John Prince Memorial Park (the
“Complex”);
and
B) a Utility Easement Agreement in favor of
the City of Lake Worth for water service to the Complex.
SUMMARY: In January 2007, the County completed
renovations to the County’s Complex, located at 2728 Lake Worth Road in Lake
Worth. The renovations included
installation of new electric and water lines. The City of Lake Worth requires
perpetual non-exclusive easements for their lines. Both easements are 10' in width,
commence at the southern right-of-way of Lake Worth Road near the entrance to
the Complex, and continue southerly through the site culminating near the
southeast corner of the gymnasium.
Both easements are being granted at no charge, as they are required to
provide services to the County facilities.
(PREM) District 3
(JMB)
16.
Staff recommends
motion to approve:
A) an Agreement for Purchase and Sale
(Agreement) with Magno C. Braga and Marcia S. Braga to acquire a 0.25 acre
parcel in the Watergate Mobile Home Estates community in Boca Raton for
$151,000; and
B) a Memorandum of Agreement to be recorded in
the public records to provide notice of this Agreement.
SUMMARY: Mr. and Mrs. Braga own a 0.25 acre lot
located at 10537 West Sandalfoot Boulevard in unincorporated Boca Raton, which
is improved with a mobile home that will be demolished post-closing. The property is being purchased for
development of a Countywide Community Revitalization Team (CCRT) neighborhood
park. Staff obtained an appraisal
which valued the property at $155,000. This Agreement contains a
forty-five (45) day inspection period to complete necessary due diligence. In the event any problems are
discovered, the County has the option to terminate the Agreement. The County shall be responsible for
title insurance and closing costs estimated to be $1,144. Closing is expected to occur within
sixty (60) days of Board approval.
Demolition of the mobile home is estimated to cost $6,000. (PREM) District 5 (JMB)
17.
Staff recommends
motion to approve: a Utility Easement Agreement in favor of Florida
Power and Light Company (FPL), for underground electrical service for Parcel A
at the South County Regional Park. SUMMARY: The County is constructing an
amphitheater and golf course on Parcel A of the South County Regional Park. FPL requires an easement for the
installation of underground power lines and a pad-mounted transformer to provide
service to the golf course clubhouse, amphitheater and lift stations. The easement area traverses the Park
property and is approximately 7,730 feet in length by 10' wide and contains a
total of 77,300 square feet (1.77 acres). The easement is non-exclusive and is
being granted to FPL at no charge, as it provides service to the Park’s
improvements. (PREM) District 5 (JMB)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
18.
Staff recommends
motion to approve: a Service Agreement with the Lake Worth Drainage
District (LWDD) to provide drainage services for a portion of Parcel A at the
South County Regional Park. SUMMARY: The County is developing a golf course
and amphitheater on Parcel A of the South County Regional Park. Drainage services for the Park are
provided by the LWDD. However, a
4.75 acre portion of Parcel A lies outside the boundaries of the LWDD. The LWDD is requiring the County to
incorporate the 4.75 acres into LWDD’s service boundary by filing a Special Act
with the Florida Legislature. In
the interim, the LWDD is requiring the County to enter into a Service Agreement
with LWDD. The term of the Service
Agreement will automatically terminate upon approval of the Special Act. LWDD has the unilateral right to cancel
the Service Agreement upon thirty (30) days written notice. The County is responsible for all
expenses and costs associated with the preparation of the Service Agreement,
including but not limited to attorney's fees, recording fees and administration
fees which shall not exceed $600.
The LWDD will execute the Service Agreement after Board approval. (PREM) District 5 (HJF)
I.
HOUSING & COMMUNITY DEVELOPMENT
1.
DELETED
2.
Staff
recommends motion to receive and file:
A)
an Agreement with The Haven, Inc.,
for the period of July 18, 2007 to January 31, 2008, to provide $85,665 under
the 2005 Disaster Recovery Initiative Program for the purchase and installation
of one generator and a fuel storage tank at their foster care facility; and
B)
an Agreement with Delray Elderly,
L.P., for the period of July 31, 2007 to May 31, 2008, to provide $150,000 under
the 2005 Disaster Recovery Initiative Program for the purchase and installation
of five emergency generators for their residential buildings and clubhouse.
SUMMARY:
On February 16, 2007, Palm Beach County entered into an Agreement with the
Florida Department of Community Affairs (DCA) to receive up to $19,035,920, for
various projects to be funded under the 2005 DRI Program. The two (2) agreements provided herein
are funded under the Agreement with DCA. The County Administrator executed these
two (2) agreements under the authority provided by the Palm Beach County Board
of County Commissioners on July 18, 2006, via Resolution No. R2006-1351.
These are Federal CDBG funds which do not require local matching
funds. Districts 4 &
5 (TKF)
3. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2006-0990) with the City of West Palm Beach in connection with the 2004 Disaster Recovery Initiative Program, to extend the expiration date from July 30, 2007 to January 31, 2008, for the expenditure of $970,000 in Community Development Block Grant (CDBG) funds. SUMMARY: The Amendment provides an extension of six (6) months to the term of the existing Agreement for the Carver Canal storm drainage improvements in the City of West Palm Beach. The work will include canal excavation, storm water pipes, pavement removal and restoration, demolition and installation of sidewalk, curbs, gutters, pavement marking, signage, and sodding. The Agreement provides construction funding made available under the 2004 Disaster Recovery Initiative Program which uses Federal CDBG funds from the United States Department of Housing and Urban Development. The time extension is requested due to delays in pre-construction activities. These are Federal funds that require no local match. District 7 (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
I. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)
4.
DELETED
5.
Staff
recommends motion to:
A) adopt a Resolution: a) authorizing the County Administrator to execute a project proposal for funding to the State under the 2005 CDBG Disaster Recovery Initiative (DRI 3) Supplemental Appropriation addressing Hurricane Wilma: a grant agreement with DCA and any necessary amendments, certifications and all other documents related to the project proposal and the implementation of DRI projects; b) authorizing Palm Beach County Department of Housing and Community Development to be the lead agency in the preparation and submission of the project proposal to the State; c) authorizing the County Administrator to sign interlocal agreements when needed, and grant agreements and amendments thereto, with organizations selected to receive funding; and
B) approve a Budget Amendment of
$17,258,279 in the DRI 3 - Wilma Fund contingent upon the actual grant
award.
SUMMARY: In early 2007, the Department of
Community Affairs (DCA) announced the availability of $100,066,518 in Community
Development Block Grant Disaster Recovery funding that was made available to the
State by the U.S. Department of Housing and Urban Development. These DRI funds
are to be distributed to counties and municipalities throughout the State to
assist in recovery from Hurricane Wilma, which struck on October 25, 2005. Palm Beach County is eligible to receive
up to $17,258,279 of this funding. While all municipalities, non-profits, and
County departments are eligible to participate in the DRI, DCA will only accept
one (1) project proposal from the Palm Beach County geographic area. The County
has been designated by the State as the lead agency. Eligible activities include residential
repair/rehabilitation and hardening, infrastructure repair and improvements, and
program administration. In
correspondence dated August 9, 2007, Palm Beach County HCD notified all County
departments and municipalities of the availability of the DRI funds. In a Notice of Funding Availability
(NOFA) published on August 12, 2007, the general public and non-profits were
informed of the availability of DRI funding. Given the short notification period
for submission of the project proposal, staff believes that execution of
documents by the County Administrator would expedite appreciably the project
submittal process and enhance the chances of meeting the September 30, 2007
submission deadline. These are
Federal CDBG funds that require no local match. Countywide (TKF)
6. Staff recommends motion to adopt: a Resolution approving the mid-year budget amendments to the Westgate/Belvedere Homes Community Redevelopment Agency’s (CRA) FY 2006/2007 budget as follows: a) Budget amendment increasing the Redevelopment Trust (Operating) Fund by $241,014; and b) Budget amendment increasing the Construction Fund by $125,000. SUMMARY: The CRA’s FY 2007 budget approved October 3, 2006 (R2006-1206) projected Tax Increment Financing (TIF) revenues of $2,250,279. The actual TIF revenues based on the Partial Extended Taxable Values for 2006 were $2,211,793 a decrease of $38,486. The amendment for the Operating Fund adjusts the budget for a new TIF amount; additional revenue of $80,000 in rental income; and $7,500 in donations; and for a $200,000 increase in the audited fund balance brought forward. The amendment for the Construction funds adjusts the budget to reflect a $125,000 increase. District 2 (TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
K.
WATER UTILITIES
1.
Staff
recommends motion to receive and file: one (1) Agreement for Emergency Generator Purchase,
Operation and Maintenance received during the month of May 2007: Indian Spring Master Association. SUMMARY: On March 14, 2006, the Board
of County Commissioners delegated the authority to execute Emergency Generator
Purchase, Operation and Maintenance Agreements (Agreements) to the County
Administrator or his designee. The
County Administrator has delegated this approval to the Palm Beach County
Water Utilities Department Director. These Agreements provide property owners
with the ability to donate funds to purchase emergency generators for lift
stations located within their community.
The Department will assign the community its generator(s), locate the
generator(s) on-site during hurricane season, and operate and maintain the
generator(s) during emergencies. By
executing such Agreements, the Department is able to expedite its goal of
providing a higher level of emergency response service throughout its service
area. Power outages that
occur during hurricanes and other emergencies require the Department to operate
a system of emergency generators at wastewater pump stations to prevent
wastewater from backing up into streets, swales, and residents’ homes. Due to the great number of lift stations
and limited staffing resources, the Department is not able to place an emergency
generator at every lift station.
These Agreements will increase the number of generators available to the
Department during emergencies.
Countywide
(MJ)
2. Staff recommends motion to approve: Consultant Services Authorization No. 2 to the Contract with Keshavarz & Associates, Inc. (R2007-0460) for engineering services for the Glades Replacement Hospital Water Main Extension Project in the amount of $182,443.15. SUMMARY: This Consultant Services Authorization provides for the surveying, civil engineering design and permitting services for the Glades Replacement Hospital Water Main Extension Project. The water main will be installed along Hooker Highway from the future Lake Region Water Treatment Plant and south along Main Street (SR 80/SR 15) connecting to the existing City of Belle Glade water main. This pipeline will provide fire flow to the Glades Replacement Hospital and the proposed expansion of the West County Detention Center. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with Keshavarz & Associates, Inc. provides for SBE participation of 97% overall. This Authorization includes 100% overall participation. The cumulative SBE participation, including this Authorization, is 100% overall. (WUD Project No. 07-084) District 6 (MJ)
3. Staff recommends motion to approve: a Reclaimed Water Development Agreement with KRG/Atlantic Delray Beach, LLC. SUMMARY: KRG/Atlantic Delray Beach, LLC (“KRG”) is developing property within the County’s Mandatory Reclaimed Water Service Area, and therefore is required to enter into a Reclaimed Water Development Agreement (“Agreement”). On January 31, 2007, KRG entered into Alternative Water Supply Funding Program Grant Agreement No. 4600000617 (“Grant”) with the South Florida Water Management District for the construction of various reclaimed water pipelines, including approximately 4,000 linear feet of twenty (20) inch reclaimed water main on Atlantic Avenue from west of the Florida Turnpike to east of Lyons Road in Delray Beach (“Reclaimed Water Main”). KRG anticipates receiving $500,000 from this Grant. The County has already constructed the Reclaimed Water Main to serve properties in the area, including those owned by KRG. KRG agrees to forward $313,103 of the Grant to reimburse the County for the County’s cost of constructing the Main. The special condition to this Agreement clarifies the terms associated with that reimbursement. District 5 (MJ)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
K.
WATER UTILITIES
(Cont’d)
4.
Staff recommends
motion to approve:
A) a Contract with Florida Design Contractors, Inc. to
construct the Southern Region Water Reclamation Facility (SRWRF) Short term Odor
Control Improvements and the Water Treatment Plant (WTP) No. 3 Odor Control
Improvements in the amount of $2,805,750;
B) Change Order No. 1 to
this Contract in the deductive amount of $829,097.20, deleting materials and
equipment for the purpose of sales tax recovery and designating Florida
Design Contractors, Inc., as the County’s
agent for the inspection and receipt of the materials;
C) Purchase Orders with
vendors of the materials and equipment in the amount of $782,120; and
D) a Budget Transfer of
$2,200,000 in the Water Utilities Capital Improvement
Fund.
SUMMARY: On July 17, 2007, four (4) bids were received for construction of the SRWRF Short term Odor Control Improvements and the WTP No. 3 Odor Control Improvements with Florida Design Contractors, Inc. being the low bidder in the amount of $2,805,750. This Contract provides for process improvements and a second headwork’s odor scrubber at the SRWRF. The Water Utilities Department (WUD) may utilize Florida blending at WTP No. 3 due to the water shortage which increases the need for additional odor scrubber. By approving Change Order No. 1 to this Contract, and purchasing the associated materials and equipment directly from the vendor listed in the purchase orders, total sales tax savings of $46,977.20 can be achieved. Staff and consultants have reviewed the bids and recommend award to Florida Design Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $2,805,750. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with Florida Design Contractors, Inc. provides for SBE participation of 17.82% overall. (WUD Project No. 06-091 and 07-045) District 5 (JM)
5.
DELETED
6. Staff recommends motion to approve: Change Order No. 3 to the Contract with Lanzo Construction, Inc. (R2006-2466) for the Northern Region Utility Pipeline Phase III decreasing the contract price by $16,029.66 and increasing the contract time by seven (7) days. SUMMARY: Change Order No. 3 authorizes the Contractor to perform additional work and deleting certain work consisting of items 1 through 3 outlined in the description of work for the Northern Region Utility Pipeline Project Phase III. Total change orders to date, excluding the $3,631,703.07 sales tax recovery program change order, equal $114,974.44 (1.24% increase). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall. This Change Order includes zero SBE participation. The contract with Lanzo Construction Co. provides for SBE participation of 15.60%. (WUD Project No. 05-061) District 1 (JM)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
K.
WATER UTILITIES
(Cont’d)
7.
Staff recommends
motion to receive and file: three (3) Standard Development Agreements and
two (2) Standard Development Renewal Agreements complete with executed documents
received during the months of June and July 2006:
Standard Development Agreement
A) Isla Verde, LLC
and Shoppes at Isla Verde, Ltd
01-01194-000
B) Okee Property
West, LLC and Okee Property East,
LLC 01-01195-000
C) Andrea Ricardel,
Individually and Andrea E. Ricardel,
Vincent J.
Ricardel and Adam C. Ricardel, Trustees
02-01114-000
Standard Development Renewal
Agreement
D) The Oaks at Boca
Raton Venture, L.P.
09-01029-R01
E) Charlse/Watt
Communities III, Inc.
09-01029-R03
SUMMARY:
The terms and conditions
for Standard Development Agreements are outlined in the Water Utilities
Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners
delegated the authority to execute various types of Standard Development
Agreements to the Department Director including potable water and wastewater
agreements (R93-1619); reclaimed water agreements (R96-0228); and additional
conditions for potable water, wastewater, and reclaimed water agreements
(R2003-0539). After these
agreements are executed by the developer and the Department, they must be
recorded by the County Clerk’s Office. This agenda item recommends the Board
receive and file the agreements so they may be properly recorded. Countywide (SF)
8. Staff recommends motion to approve: a Potable Water and Wastewater Development Agreement with Spots, Inc. SUMMARY: Spots, Inc. (Spots) desires to enter into a Potable Water and Wastewater Development Agreement (Agreement) for the reservation of potable water and wastewater capacities for their Morgan Hotel project (Project). This urban infill project is located on the east side of Congress Avenue and north of Summit Boulevard in West Palm Beach. In order to obtain wastewater service, Spots is required to upsize an existing off-site wastewater force main (Main). One parcel (00-43-44-05-08-002-0010) included in the Project was assessed for the construction of the Main. As part of the special assessment a lien was placed against the parcel; Spots has satisfied that lien. However, the existing Main is not sufficient to meet the projected needs of the Project while maintaining adequate wastewater capacity for the parcels originally assessed. Spots will construct an oversized force main to serve the Project and still provide the original wastewater capacity of the Main to serve the remaining assessed parcels. The Palm Beach County Water Utilities Department (Department) has agreed to credit $35,000 against Connection Fees, which include a credit for the special assessment lien satisfied by Spots and credit for the required construction associated with removal of the existing Main and replacement with oversized facilities. Under the Agreement, Spots agrees to release the County from any claims related to the special assessment and the Department-required demolition of the existing Main and subsequent construction of the new oversized force main. District 3 (MJ)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
K.
WATER UTILITIES
(Cont’d)
9.
Staff recommends
motion to approve: an
Interlocal Agreement with the Beeline
Community Development District related to the construction of a replacement
potable water mainhaving fphaving
payment is. SUMMARY: On February 15, 2005, the County entered
into an agreement (R2005-0366) with the Beeline Community Development District
(District) to acquire the District’s exclusive utility service area, utility
system assets (exclusive of the District’s potable water and wastewater plants
which will be decommissioned), customer base, and service area. The closing date for the acquisition is
on or before September 30, 2007.
The District has approached the Palm Beach County Water Utilities
Department (Department) to replace an existing potable water main to serve the Sikorsky testing area, as the
existing potable water main serving the Sikorsky testing area is in
disrepair. This Interlocal
Agreement provides the terms and conditions relating to the work, which will be
constructed by the Department’s in-house construction crew at a cost of
$425,000, to be reimbursed by the District. The Department recommends utilizing the
in-house construction crew based on timing considerations requiring the
completion of the construction prior to the closing date. This project is exempt from the
provisions of Section 255.20, Florida Statutes, as this project qualifies as the
repair or maintenance of an existing public facility. District 1 (MJ)
L.
ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve
Lease
Agreement with the City of Lake Worth for the management of an approximate
100-acre City tract referred to as the Snook Islands Natural Area as well as
cover the cost of the construction of public use facilities estimated to cost
$1,164,500;
B)
approve a Budget
Transfer in the Capital Outlay Fund increasing the Snook Islands Natural Areas
Project by $339,500 and decreasing Pond Cypress Natural Area ($39,500), Yamato
Scrub ($250,000) and Lake Park Scrub ($50,000);
C) approve a Budget
Transfer in the $25M Parks and Cultural Facilities 2003 Bond Fund in the amount
of $600,000 from the Boynton Beach Boat Ramp project to the Snook Islands
project; and
D)
authorize the County
Administrator, or his designee, to sign all future time extensions, task
assignments, and other forms associated with this Agreement and necessary minor
amendments that do not change the scope of work or terms and conditions of the
Agreement.
SUMMARY: This Agreement provides for the long-term management and maintenance of the 100 acre Snook Islands Natural Area situated along the eastern shore of the Lake Worth Municipal Golf Course. In addition, several public use facilities are planned including one or more kiosks, a boardwalk and observation platform, fishing pier and floating docks. The County will cover the costs of the public use facilities estimated at $939,500 from the $25M Parks and Cultural Facilities 2003 Bond Fund and the Natural Areas Fund, with the City obligated to pay $225,000 for the demolition of the old portion of the bridge along the western shore. The project funding reductions in the Natural Areas Fund are from projects nearing capital completion and will not be negatively affected. District 3 (SF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
2.
Staff recommends motion to:
A)
approve a downward
Budget Amendment of $130,000 in the General Fund for decreased revenue funding
associated with the close out of Task Assignment AP5, Change Order No. 2
expiring June 30, 2007 for the Aquatic Vegetation Control Program of State
Fiscal Year 2007; and
B) approve an upward Budget Amendment of $274,239 in
the General Fund to recognize revenue provided by Task Assignment AP6 effective July 1, 2007 for the Aquatic
Vegetation Control Program of State Fiscal Year 2008.
SUMMARY: Task Assignment AP5 to Contract SL977
(R2002-1748) has been decreased by $130,000 to a close-out amount of $405,330
through Change Order No. 2 from the Florida Department of Environmental
Protection. Task Assignment AP6 for
$274,239 has been received effective July 1, 2007 for State Fiscal Year 2008.
These Task Assignments provide funding to control Vegetation in Lake Clark, Lake
Ida, Lake Osborne and Pine Lake.
Countywide
(SF)
3. Staff recommends motion to approve:
A) Change Order No. 5 decreasing the construction Contract (R2005-0263) with The Murphy Construction Co. (Murphy) in the amount of $286,776 primarily for quantity underruns for the Ocean Ridge Natural Area Project No. 2005056 (Project); and
B) Amendment to the construction Contract (R2005-0263) with Murphy in the amount of $241,230 resolving disagreements with Murphy on the Project and increasing the scope of work on two (2) jetties and a breakwater.
SUMMARY: On February 1, 2005, the Board entered into a $2,757,762 Contract with The Murphy Construction Co. to construct an environmental restoration project and public use facility along the Lake Worth Lagoon in Ocean Ridge. Four (4) change orders totaling $66,396.65 were issued. Change Order No. 5 accounts for final quantities and revisions to the original Project. The Amendment is a negotiated resolution of a disagreement primarily over the rock quantity and Contract time. Staff recommends that the Board approve this Amendment, which waives $103,160 in liquidated damages and requires Murphy to enhance two (2) jetties and a breakwater to complete the Project. The new Contract amount is $2,778,612.65, a net decrease of $45,546. The Contract contains 2.6% Small Business Enterprise (SBE) participation. District 4 (JM)
4.
Staff recommends motion to approve: a Contract with the Palm Beach County
Sheriff’s Office (PBSO) to provide continued law enforcement services on
County-owned conservation lands and natural areas for a period of thirty-six
(36) months beginning October 1, 2007 and ending September 30, 2010. SUMMARY: Approval of this Contract will provide
three (3) full-time deputies (reduced from five (5) because of budgetary
cut-backs) properly trained to patrol the County’s conservation lands and
natural areas. Funding of
$282,667.78 for this Contract is included in the FY 2008 budget request. The Contract provides that additional
deputies may be added to this Contract if outside funding sources can be
arranged. Countywide (SF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
L.
ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
5.
Staff
recommends motion to approve: Cooperative
Service Agreement (Agreement) with the United States Department of Agriculture
(USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services
(WS) for services to control destructive or nuisance animals throughout the
County, for a term of five (5) years, not-to-exceed $553,280. SUMMARY: APHIS/WS will monitor and assist the County in
controlling destructive wild and feral animals that are jeopardizing human
health and safety, preying on threatened and endangered species or damaging
ecologically sensitive lands or public resources in County parks and natural
areas. This Agreement is similar to
a previous Agreement the County had with APHIS/WS, with the exception of three
(3) articles. The three (3)
articles in the previous agreement dealt with the location of legal proceedings
for any legal actions necessary to enforce the Agreement, the costs associated
with enforcement of the terms of the Agreement and a severability clause
providing that if one section of the Agreement was found invalid, it would not
affect the remaining portions of the Agreement. APHIS/WS has informed the County that
they will not alter their standard agreement which they use in providing
services to numerous other state and local governmental agencies throughout the
country. Those three (3) articles are not in their
standard agreement and therefore, are not included in the Agreement. Staff from the Department of
Environmental Resources Management (ERM) has found that APHIS/WS has the most
qualified personnel, has the appropriate equipment, and is the most effective at
providing the desired services at the most reasonable cost. ERM recommends continuing to use the
services of APHIS/WS in accordance with the terms of their standard Agreement
format. The County will reimburse
APHIS/WS for services rendered not-to-exceed $108,160 in FY 2008; $110,240 in FY
2009 and FY 2010; and $112,320 in FY 2011 and FY 2012. It is anticipated that ERM will provide
no more than $93,160 and that the Parks and Recreation Department will provide
no more than $15,000 in FY 2008.
Countywide
(SF)
6.
Staff recommends motion to approve: Statement of
Responsibilities with the U.S. Army Corps of Engineers (Corps) and Humiston and
Moore Engineers (H&M) for the development of an Environmental Impact
Statement (EIS) for the Singer Island Erosion Control Project. SUMMARY: The Singer Island Erosion Control
Project is designed to construct a series of segmented breakwaters along a
section of shoreline determined by the Florida Department of Environmental
Protection (FDEP) to be “critically eroded.” These shore parallel structures are
designed to promote accretion of sand in efforts to restore the beach to the
2001 profile. Due to potential
impacts to exposed nearshore hardbottom, the Corps has determined an EIS is
required as part of the federal permitting process. In anticipation of the Corps’ consultant
selection and to minimize further delays in the permitting process, H&M was
contracted (R2007-0174) and has begun compiling and collecting data to be
incorporated into the EIS. The Statement of Responsibilities is required
to authorize H&M to complete the EIS for the Corps on behalf of the
County. District 1 (SF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
M.
PARKS & RECREATION
1.
Staff
recommends motion to approve: Sovereignty Submerged Lands Lease Renewal
(502637596) with the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida (Lessor) for submerged lands at Juno Beach Park for the
period April 2, 2007, through April 2, 2012. SUMMARY: The County owns and operates the
Juno Beach Pier which was constructed over sovereign lands of the State of
Florida. The Board of County
Commissioners initially entered into a five year Sovereignty Submerged Lands
Lease with the State for the lands under the Juno Beach Pier on October 7, 1997
(R97-1024D). The lease was
renewed in 2002 for an additional five (5) year period (R2002-0674). The County is now renewing its lease with
the State for an additional five (5) year period. The lease renewal allows the County to
operate a public fishing pier and non-water dependent bait shop and vending area
exclusively to be used for fishing and passive recreational activities only in
conjunction with an upland public park without fueling facilities, without a
sewage pump out facility, and without liveaboards. The lease requires a $525 processing fee
and an annual lease fee of $4,604.51. The annual fee for the remaining years of
the lease shall be adjusted pursuant to provisions of Section 18-21.011 of the
Florida Administrative Code. All lease fees are budgeted by the Parks and
Recreation Department under annual operating expenses for Juno Beach Park.
District
1 (AH)
2.
Staff
recommends motion to approve: Agreement with Boynton Beach Faith Based
Community Development Corporation for the period September 11, 2007, through October 12,
2007, in an amount not-to-exceed $3,500 for operational expenses for the Peace
Makers After School Program.
SUMMARY: This funding
is to help offset expenses for the Peace Makers After School Program, which was
held at Galaxy and Poinciana Elementary Schools from September of 2006 through
June of 2007. The program served 40
at-risk third and fifth graders, with 20 participants per school. The Agreement allows for the
reimbursement of eligible project costs incurred subsequent to September 25,
2006. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
3.
Staff
recommends motion to approve: Agreement with Delray-Boynton Academy, Inc.
for the period September 11, 2007, through December 24, 2007, in amount
not-to-exceed $2,000 for the student trip to the International Youth Summit.
SUMMARY: This funding
is to help offset costs incurred by Delray-Boynton Academy, Inc., which
sponsored a student trip to the International Youth Summit in Birmingham,
Alabama, held from June 22 through June 24, 2007. Forty (40) students from Palm Beach
County participated in the trip.
The Agreement allows for the reimbursement of eligible project costs
incurred subsequent to June 1, 2007.
Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
4.
Staff
recommends motion to approve: Agreement with the City of Delray Beach for
the period September 11, 2007, through December 30, 2007, in an amount
not-to-exceed $6,000 for funding of Crest Theatre and Entertainment Pavilion
rental for the 2007 Delray Beach Film Festival. SUMMARY: This funding is to offset the cost
of a theatre and pavilion rental for public screening of films shown at the 2007
Delray Beach Film Festival held from March 13 through March 18, 2007, at Old
School Square. The films were
viewed by approximately 2,000 people. The Agreement allows for the reimbursement
of eligible project costs incurred subsequent to March 14, 2007. Funding is from
the Recreation Assistance Program (RAP) District 4 Funds. District 4 (AH)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
M.
PARKS & RECREATION
(Cont’d)
5.
Staff
recommends motion to approve: Agreement with Lake Lytal Lassie League,
Inc. for the period September 11, 2007, through December 30, 2007, in an amount
not-to-exceed $5,000 for funding of uniforms and equipment. SUMMARY: This funding is to help offset the
cost of uniforms and equipment for team members who play in the Lake Lytal
Lassie League girls’ softball program.
The League serves approximately 100 participants. The Agreement allows for reimbursement
of eligible project costs incurred subsequent to October 1, 2006. Funding is from Recreation Assistance
Program (RAP) District 2 Funds.
District 2 (AH)
6.
Staff
recommends motion to receive and file: First Amendment to Agreement
(R2006-2489) with the Jewish Community Center of the Greater Palm Beaches, Inc.
for senior citizen field trips.
SUMMARY: This fully
executed First Amendment to Agreement extends the project completion date from
November 30, 2006, to September 30, 2007, and the Agreement ending date from
February 28, 2007, to December 30, 2007, in order to allow additional time to
accommodate dates of payment and completion of the reimbursement process. The Amendment is in accordance with
Resolution R2005-1738 authorizing the delegation of authority for amending RAP
agreements to the County Administrator or his designee. All other terms of the Agreement remain
the same. Funding for the project
is from the Recreation Assistance Program (RAP) District 2 Funds. District 2 (AH)
7.
Staff
recommends motion to approve: Agreement with Milagro Foundation, Inc. for
the period September 11, 2007, through December 30, 2007, in an amount
not-to-exceed $5,000 for the STARS Program. SUMMARY: This funding is to help offset the
cost of the STARS cultural arts and education program offered by Milagro
Foundation, Inc. The STARS Program
serves 40-50 youth at its on-site program and 100-130 youth through its outreach
programs. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to June 1,
2007. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. District 7 (AH)
8.
Staff
recommends motion to approve:
Agreement with Boca Raton’s Promise – The Alliance For Youth, Inc.,
for the period September 11, 2007, through December 7, 2007, in an amount
not-to-exceed $4,000 for funding of Boca Raton’s Promise summer camps. SUMMARY: This funding is to offset the cost
of summer camp programs sponsored by Boca Raton’s Promise. The camp opportunities were provided for
55 youth. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to May 10,
2007. Funding is from the
Recreation Assistance Program (RAP) District 4 ($2,000) and District 5 ($2,000)
Funds. Districts 4 & 5
(AH)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
M.
PARKS & RECREATION
(Cont’d)
9.
Staff
recommends motion to:
A)
receive and file a fully
executed Florida Recreation Development Assistance Program project grant
agreement for Glades Pioneer Park Aquatic Center Phase II;
B) approve Budget Amendment of $200,000 within the
Park Improvement Fund to establish budget for the approved grant;
and
C)
execute a Notice of
Limitation of Use dedicating the project site for outdoor recreation for the use
and benefit of the public for a period of 25 years.
SUMMARY: On October 3, 2006, the Board authorized
submission of a Florida Recreation Development Assistance Program (FRDAP) grant
application for improvements associated with the Phase II development of the
Glades Pioneer Pool and Splash Park (R2006-2129). The Board also authorized the County
Administrator or his designee to execute the grant Project Agreement (Florida
Department of Environmental Protection Agreement No. F8012) and other standard
state and/or federal grant forms related to this project if the grant was
approved. This grant was approved,
the Project Agreement has been fully executed, and it is being submitted to the
Board to receive and file. The
grant agreement and Florida Administrative Code 62D-5.059 require a Notice of Limitation of Use be
recorded in the public records dedicating the project site to outdoor recreation
for the use and benefit of the public for a period of 25 years as part of the
closeout documentation. District 6 (AH)
10. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the months of July and August.
A)
Joy Deco
Enterprises, Inc., Drama & Dance, Coconut Cove Recreation Center.
(JOYDECO1126330907525400A); and
B)
Cathy Weech,
Computer Lab Class, Therapeutic Recreation Center.
(WEECH11315808075204A).
SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item. The Independent Contractor Agreements
have been fully executed on behalf of the Board of County Commissioners (Board)
by the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 02-2103 and 07-0409, and is now being submitted to the Board to
receive and file.
Countywide (AH)
11. Staff recommends
motion to approve: Agreement with Expanding and
Preserving Our Cultural Heritage, Inc. for the period September 11, 2007,
through December 30, 2007, in an amount not-to-exceed $1,600 for funding of a
stage for the Spady Living Heritage Day Festival.
SUMMARY: This funding is to help
offset costs paid by Expanding and Preserving Our Cultural Heritage (EPOCH),
Inc. for the Spady Living Heritage Day Festival to be held on September 22,
2007. This event is anticipated to
attract approximately 5,000 participants.
The Agreement allows for the reimbursement of eligible project costs
incurred subsequent to October 1, 2006.
Funding is from the Recreation Assistance Program (RAP) District 4
Funds. District 7
(AH)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
M.
PARKS & RECREATION
(Cont’d)
12. Staff recommends
motion to approve: Amendment No. 013 to the Agreement with the
School District of Palm Beach County (R94-1661D dated November 15, 1994)
for funding in the amount of $288,000 to the Middle School After-School Program
for the period October 1, 2007, through September 30, 2008. SUMMARY: This Amendment provides for the
fourteenth year of funding and program support for the School District of Palm
Beach County Middle School After-School Program, and increases the number of
middle schools from 35 to 36 participating in the after-school program. The annual funding amount was decreased
by $62,000 in response to legislatively mandated budget cuts. Attachment 2 of the Agenda Item
identifies each of the 36 middle schools within the school district scheduled to
receive $8,000. The funds shall
support recreation related activities within the after school program. Countywide (AH)
13. Staff recommends
motion to approve:
A)
Interlocal
Agreement with the City of
Delray Beach for the period September 11, 2007, through September 10, 2010, in
an amount not-to-exceed $250,000 for funding of the Delray Beach Miracle League
Field; and
B)
Budget Transfer of
$250,000 within the $25M GO Parks and Cultural Improvements Bond Fund - 2003 to
Delray Beach Miracle Field.
SUMMARY:
This Agreement
provides funding for construction of the Delray Beach Miracle League Field
located at Miller Park in Delray Beach.
Funding is from the 2002 $50 Million Recreational and Cultural Facilities
Bond referendum – District 4. District 4
(PK)
14. Staff recommends
motion to approve:
Agreement with
Delray Beach Playhouse, Inc. for the period September 11, 2007, through December
30, 2007, in an amount not-to-exceed $10,000 for funding of a children’s musical
production. SUMMARY: This
funding is to offset the cost of a children’s musical production at Delray Beach
Playhouse, which took place on July 20 and July 22, 2007. Approximately 100 participants took part
in the production, which was viewed by an audience of approximately 2,000
people. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to May 1,
2007. Funding is from the
Recreation Assistance Program (RAP) District 4 Funds. District 4 (AH)
N.
LIBRARY
1.
Staff
recommends motion to:
A) approve an Application to the Florida Department of
State, Division of Library and Information Services, for State Aid to Libraries
in an estimated amount of $1,066,227 for FY 2008;
B) approve the Agreement for State Aid to Libraries;
and
C)
authorize the Chairperson of the Board of County
Commissioners 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 2008 proposed budget. Countywide
(TKF)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
N.
LIBRARY
(Cont’d)
2. Staff recommends motion to:
A) approve two (2) Public Library
Construction Grant applications totaling $1 million to the Florida Department of
State, Division of Library and Information Services for the following Library
Expansion Program (LEP) projects:
West Boca Branch Library; West Lantana (Lawrence Road Branch); and
B) approve Certification of Exclusive Use as a Public Library; and
C) authorize the Chairperson to
execute the grant agreements and any other necessary forms and
certifications.
SUMMARY:
These grants are being resubmitted as they were not funded in the
State=s FY 2007 budget. Each grant application is for $500,000
with local matching funds of $500,000.
If awarded, grant funds will be used towards the cost of construction,
thus freeing up other funds for furnishing and equipping these libraries. The projected cost of each project
is: West Boca Branch-$11,811,063;
and West Lantana (Lawrence Road Branch)-$15,303,143. These projects will be completed whether
the grants are funded or not. The
operational costs will be funded through the Library's operating budget. Countywide (TKF)
P.
COOPERATIVE EXTENSION SERVICE
1.
Staff
recommends motion to approve:
an Agreement with the Palm Beach Soil and Water Conservation District
in an amount not-to-exceed $79,000 to provide soil and water resource
conservation services for FY ‘08. SUMMARY: This Agreement provides funding for the
Palm Beach Soil and Water Conservation District’s (“District”) Resource
Conservation Activities. The
District provides resource conservation services to rural, agricultural, and
urban communities to facilitate soil and water conservation in Palm Beach
County. Services include soil
information and technical assistance to improve water quality and quantity and
soil planning in Palm Beach County.
Countywide
(AH)
Q.
CRIMINAL JUSTICE COMMISSION
1.
Staff recommends motion to approve: the First Amendment to the Weed and Seed
Interlocal Agreement with the City of West Palm Beach (R2007-0706); dated May 1,
2007 to extend the Weed and Seed contract period from September 30, 2007 to
September 30, 2008 and to increase the amount of the agreement by an additional
$100,000. SUMMARY: On May 1, 2007, the Board of County
Commissioners (BOCC) approved a contract with the City of West Palm Beach to
provide $50,000 to support the Weed and Seed “seeding” efforts for the period
April 1, 2007 through September 30, 2007.
The Criminal Justice Commission (CJC) recommends the use of an additional
$100,000 from the Criminal Justice Reserve Fund for the continuation of
“seeding” services and to extend the existing contract period to September 30,
2008. District 7 (DW)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
Q.
CRIMINAL JUSTICE COMMISSION
(Cont’d)
2.
Staff recommends
motion to approve: the Second Amendment to the Weed
and Seed Interlocal Agreement with the City of Delray Beach (R2005-2433); dated
December 20, 2005 to extend the Weed and Seed contract period from September 30,
2007 to September 30, 2008 and to increase the amount of the agreement by an
additional $100,000.
SUMMARY: In FY 2006,
the Board of County Commissioners (BCC) approved a contract with the City of
Delray Beach to provide $100,000 to support the Weed and Seed “seeding” efforts
for the period October 1, 2005 through April 30, 2007. On June 16, 2007, the BCC approved the
extension of the contract period to September 30, 2007 and increased the
contract amount by $50,000. The Criminal Justice Commission (CJC) recommends the
use of an additional $100,000 from the Criminal Justice Reserve Fund for the
continuation of “seeding” services and to extend the existing contract period to
September 30, 2008. District 7 (DW)
3. Staff recommends motion to approve:
A) the First Amendment to the Weed and Seed Interlocal Agreement with the City of Belle Glade (R2005-2434); dated December 20, 2005 to extend the Weed and Seed contract period from May 31, 2007 to September 30, 2007 and to increase the amount of the agreement by an additional $14,291; and
B) a Budget Transfer of $14,291 in the Criminal Justice Reserve Fund.
SUMMARY: In FY 2006, the Board of County
Commissioners (BCC) approved a contract with the City of Belle Glade to provide
$38,000 to support the Weed and Seed “seeding” efforts for the period December
1, 2005 through May 31, 2007. The
Criminal Justice Commission (CJC) recommends the use of an additional $14,291
from the Criminal Justice Reserve Fund for the continuation of “seeding”
services and to extend the existing contract period to September 30, 2007. District 6 (DW)
S.
FIRE RESCUE
1.
Staff recommends
motion to approve:
A) the U.S. Department of Homeland
Security’s 2007 Assistance to Firefighters Grant award in the amount of
$304,000, with a local match of $76,000, for a total project cost of $380,000;
and
B) a Budget Amendment of $304,000 in
the Fire Rescue MSTU Fund. This
Amendment will recognize the grant revenue of $304,000 and establish the grant
appropriation budget of $380,000 for the designated purchases, including the
$76,000 from contingency reserve for Fire Rescue’s matching
share.
SUMMARY: The 2007 Assistance to Firefighters Grant
(AFG) Program is a competitive grant program designed to assist local fire
departments in protecting citizens and firefighters against the effects of fire
and fire-related incidents. This
grant program funds activities such as purchasing firefighting equipment,
personal protection equipment, training, firefighting vehicles, and
firefighter/first responder safety projects. On June 5, 2007, the Board ratified the
Chair’s approval of the grant application (R2007-0903). On July 27, 2007, the County received
notification of the award from the US Department of Homeland Security. This award will be used to
purchase forty (40) thermal imaging cameras (TIC’s) and provide a minimum of
eight (8) hours of training for all 1,250 firefighters in their care, use, and
maintenance. TIC’s are an immediate
safety tool to quickly identify fire conditions, determine structural integrity,
identify trapped or missing fire victims and firefighters, identify the need for
ventilation, and evaluate effective overhaul. Countywide (SB)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
U.
INFORMATION SYSTEM SERVICES
1.
Staff recommends
motion to:
A) approve
Supplement to IBM Corporation Customer Agreement (ICA) for IBM S/390 software
programs and support for the period October 1, 2007, through September 30, 2008,
in the amount $307,815; and
B) authorize the
County Administrator or his designee, ISS Director, to increase services
not-to-exceed 10% of the contract value ($30,782), to provide for any unforeseen
changes to the inventory that could arise during the contract period.
SUMMARY: This Supplement to the IBM ICA
(R94-247D) provides for the ongoing annual software license charge for our
current mainframe processor and data storage equipment. The configuration of the IBM mainframe
system software for the coming contract period has been thoroughly reviewed
prior to developing this agreement.
The maximum amount is structured in two portions: (1) $307,815 based on
the current inventory of IBM S/390 software, and (2) a 10% contingency $30,782,
to provide for any unforeseen changes to the inventory that could arise during
the contract period. This
supplement covers the period October 1, 2007, through September 30, 2008.
Countywide
(PFK)
X.
PUBLIC SAFETY
1. Staff recommends motion to receive and file: Interlocal Agreement with the Town of Juno Beach pertaining to the use of the Geographic-based Alert and Notification System, “Dialogic.” SUMMARY: The Board of County Commissioners (BCC), approved this agreement on August 16, 2005 (Agenda Item 3X1) authorizing the County Administrator, or his designee, to sign Dialogic agreements with the municipalities on behalf of the BCC. District 1 (DW)
2.
Staff recommends
motion to receive and file:
Amendment No. 1 to
the Contract with Children’s Health Care Associates, P.A. for the period of
October 1, 2007 to September 30, 2008 for professional/medical services to the
residents of the Highridge Family Center for an annual cost of $54,000. SUMMARY: This Contract provides
physical examinations, diagnosis, and treatment of illnesses of the residents of
the Highridge Family Center. Agenda
item 3X1 on July 23, 2006 (R2006-1321) authorized the County Administrator or
his/her designee to execute the contracts on behalf of the Board of County
Commissioners. District
7 (DW)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
Z.
RISK MANAGEMENT
1.
Staff
recommends motion to approve: the write-off of 49 outstanding uncollected
property damage claim receivables in the amount of $114,310.23 which were
outstanding on September 30, 2003.
SUMMARY: These claims are against third parties that
have allegedly caused damage to county property. Included in the list are claims for
which a compromise and settlement was reached for less than the full amount
because, after further review of the claim, it was determined that liability was
subject to apportionment among the parties or the party in question was not at
fault. Since the claims are over three (3) years old, Risk Management desires to
remove them from the active LGFS accounts receivable ledger. The Office of Financial Management and
Budget’s collections coordinator has reviewed the listing of uncollected claims
and concurs with Risk Management that these claims should be written-off the
active accounts receivable ledger and moved over to the uncollectible claims
receivable ledger database. The
approval of this item will allow the County’s finance division to remove these
receivables from the County’s active accounts receivable ledger. Risk Management shall maintain the
uncollectible claims database to which these accounts will be transferred. Countywide (TKF)
2.
Staff
recommends motion to approve: the purchase of airport liability
insurance, for the period October 10, 2007, through October 10, 2008 purchased
through the County=s contracted broker, Arthur J. Gallagher
& Co. for a total cost of $327,285.45. SUMMARY: The estimated total cost of
$327,285.45 for airport liability insurance represents a 1% decrease over the
expiring premium of $329,917. Countywide (TKF)
3.
Staff recommends motion to approve:
a Budget Amendment of $8,572,871
in the Employee Health Insurance Fund to reflect an adjustment for balance
brought forward. SUMMARY:
The purpose of this amendment is to adjust the FY 2007 budget to reflect
the difference between actual and estimated revenues and expenditures of FY
2006. This adjustment is being made to reflect the true fund balance of the
account, which has not been reflected in the FY 2007 budget. Of the additional balance brought
forward, $3,000,000 is being allocated to Claims Expense to cover estimated FY
2007expenditures and the balance of $5,572,871 is being budgeted in Reserve for
Insurance Claims.
Countywide
(TKF)
AA. PALM
TRAN
1. Staff recommends motion to approve: a two (2) year Agreement with the School District of Palm Beach County (School Board) to provide annual and semester bus passes available to certain students as a means of transportation services for the 2007- 2008 school year at the annual pass rate of $330 or $165 per pass for the second semester and for the 2008-2009 school year at the annual pass rate of $350 or $175 for the second semester. SUMMARY: The School Board has contracted for annual bus passes as a means of transportation for students since August 1998. The Agreement rate of $330 for the first year represents an 18% increase over the previous agreement rate. The Second year rate of $350 represents a 6% increase over the first year’s rate. Payment of annual school passes is in lieu of School Board’s students paying individual fares into the fare boxes on Palm Tran routes. The Agreement will establish pricing for school bus passes through the end of school year 2009. Countywide (DR)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
AA. PALM TRAN (Cont’d)
2.
Staff
recommends motion to:
A) approve a Funding Agreement with the School Board of Palm Beach County to provide funding of field trips for Title I Elementary Schools within Palm Beach County for field trips provided during fiscal year 2005-2006 and 2006-2007;
B) approve a Budget transfer of $100,000 in the Transportation Improvement Fund from Reserve for District 2 to Cabana Colony – Local Drainage; and
C) approve Budget transfer of $100,000 in the Capital Outlay Fund from Cabana Colony – Local Drainage to Title I Elementary School Field Trips.
SUMMARY: Palm Beach County through Palm Tran is agreeing to reimburse the School Board of Palm Beach County for transportation for educational field trips for Title I Elementary Schools located within Palm Beach County. The Agreement will provide assistance for schools which meet need criteria based on the Title I requirements. Palm Beach County will reimburse the School Board at a rate of $30 per hour and $1 per mile. Countywide (DR)
BB. INTERNAL
AUDITOR
1.
Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, rescinding Resolution R2006-2138; as amended by
R2006-2672, providing for creation and membership of the Budget Advisory
Committee; dissolving the Budget Advisory Committee; and providing an effective
date. SUMMARY: At its August 21, 2007
meeting, the Board approved the dissolution of the Budget Advisory
Committee. This Resolution
implements that decision. Countywide (PFK)
CC.
SHERIFF
1.
Staff recommends
motion to:
A) accept a Florida Department of Law Enforcement Office of Criminal Justice grant in the amount of $33,505 for the Palm Beach County Sheriff’s Office (PBSO) Bomb & SWAT Build-out for the period of June 1, 2007 through January 31, 2008; and
B) approve a Budget Amendment of $33,505 in the Sheriff’s Grants Fund.
SUMMARY: On July 10, 2007, the Palm Beach County Sheriff’s Office (PBSO) received an award to purchase equipment and supplies under the Florida Domestic Security Strategic Plan. These funds and related equipment, which have been approved by FDLE for purchase, will be used to implement the PBSO Bomb & SWAT Build-out. The purpose of the PBSO Bomb & SWAT Build-out is to maintain specialized equipment and replace items that have exceeded their useful lifespan for Bomb and SWAT teams. It is the intention of PBSO to fully expend these funds in FY 2007. There is no match requirement associated with this award. No additional positions are needed and no County funds are required. Countywide (DW)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
CC. SHERIFF
(Cont’d)
2.
Staff
recommends motion to:
A) accept a Florida Department of Law Enforcement Office of Criminal Justice grant in the amount of $49,600 for the Buffer Zone Protection Plan for the period of May 1, 2007, through August 30, 2007; and
B) approve a Budget Amendment of $49,600 in the Sheriff’s Grants Fund.
SUMMARY: On June 15, 2007, the Palm Beach County Sheriff’s Office (PBSO) received an award to purchase equipment under the Regional Domestic Security Strategic Plan. These funds and related equipment, which have been approved by FDLE for purchase, will be used to implement the Buffer Zone Protection Plan. The purpose of the Buffer Zone Protection Plan is to protect, secure and reduce the vulnerability of identified critical infrastructure and key resource sites. There is no match requirement associated with this award. No additional County funds are required. Countywide (DW)
3.
Staff
recommends motion to:
A) accept a South Florida High Intensity Drug Trafficking Area (HIDTA) Violent Crimes and Drug Trafficking Organization (VCDTO) initiative in the amount of $30,000 for the period of July 1, 2007, through June 30, 2008; and
B) approve a Budget Amendment of $30,000 in the Sheriff’s Grants
Fund.
SUMMARY: On June 29, 2007,
the Palm Beach County Sheriff’s Office (PBSO) received an award from the South
Florida (HIDTA) (VCDTO). The funds
provided will be used to pay overtime incurred by law enforcement officers
participating in a multi-agency operation. There is no additional allocation needed, no
matching funds required, and no County funds required. Countywide (DW)
4.
Staff
recommends motion to:
A) accept a U.S. Department of Justice Project Safe Neighborhood grant in the amount of $44,125 for the Midnight Hoops Program for Fremd Village for the period of July 1, 2007, through March 31, 2008; and
B) approve a Budget
Amendment of $44,125 in the Sheriff’s Grants Fund.
SUMMARY: On June 29, 2007,
the Palm Beach County Sheriff’s Office (PBSO) received an award under the Miami
Coalition for a Safe and Drug-Fee Community. These funds will be used to purchase
lighting and develop a basketball and prevention education program for youth in
and around the Fremd Village Housing community in Pahokee. There is a match that will be provided
through donations and volunteer time in the amount of $109,713. No additional positions are needed and
no County funds are required.
District 6 (DW)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
CC. SHERIFF (Cont’d)
5.
Staff
recommends motion to receive and file: Grant Adjustment Notice amending the
Florida Department of Law Enforcement’s State Homeland Security Grant to extend
the ending grant period from June 30, 2007 to December 31, 2007. SUMMARY: The Board of County Commissioners accepted this
grant on April 11, 2007 (R2007-0571).
The Department of Homeland Security awarded funds to the Florida
Department of Law Enforcement (FDLE) under the “State Homeland Security
Grant.” The Palm Beach County Sheriff’s Office
(PBSO) will utilize all equipment purchased through this grant program for the
purpose of protecting the citizens of Palm Beach County and neighboring
communities. The PBSO will work in
partnership with local, state, and federal agencies in joint efforts to combat
and respond to terrorist attacks. There is no required match. No County funds are required. Countywide (DW)
6.
Staff
recommends motion to approve: a Budget Transfer of $11,000 from the
Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office
(PBSO) to expend earned interest income from the FY 2004 residual program
generated income (PGI).
SUMMARY: On May 1,
2007, the Palm Beach County Board of County Commissioners accepted a Budget
Transfer in the amount of $129,283 from the State Law Enforcement Trust Fund
(LETF) to the Palm Beach County Sheriff’s Office (PBSO) to expend FY 2004
residual Program Generated Income (PGI).
Under the terms of the Agreement between the Florida Department of Law
Enforcement and PBSO, PBSO expended all funds generated through the operation of
the Multi-Agency Narcotics Unit program. The award was fully expended in FY 2007;
however, under the terms of the Agreement PBSO is required to spend $11,000 that
represents earned interest income from the funds. The current State LETF balance is
$917,878. Approval of this request
will reduce the State LETF balance to $906,878. The PBSO certifies that the use of these
funds is in accordance with F.S. 932.7055. No additional positions are needed and no
County funds are required.
Countywide (DW)
7.
Staff
recommends motion to:
A) ratify the Chairperson’s signature on the Drug Farm Phase II Enhancement Grant award in the amount of $50,000 for the period of July 1, 2007, through June 30, 2008; and
B) approve a Budget Amendment of
$50,000 increasing the Sheriff’s Grant Fund.
SUMMARY: The purpose of the
program is to assist units of local government to develop and implement
residential substance abuse treatment programs in local correctional facilities
in which prisoners are incarcerated for a period of time sufficient to permit
substance abuse treatment. The
Phase II segment of the Sheriff’s Drug Farm will benefit from this continued
funding by enhancing the treatment parameters to include: Domestic Violence Reduction, Anger and
Stress Management, Effective Parenting, and Job Skills Enhancement. The PBSO will exceed the 25% match
requirement by providing $73,615 through its approved operating budget. No
additional positions are needed and no County funds are required in FY 2007 or
FY 2008.
Countywide
(DW)
SEPTEMBER 11, 2007
3.
CONSENT AGENDA APPROVAL
DD. TOURIST DEVELOPMENT
COUNCIL
1.
Staff recommends
motion to approve: Agreement with Palm Beach County Cultural
Council in the amount of $435,000 from October 1, 2007 through September 30,
2008, for services relating to the administration of one cultural grant program
for non-profit organizations within the County. SUMMARY: The County shall provide an amount
not-to-exceed Four Hundred and Thirty-Five Thousand Dollars ($435,000) to fund
certain of the activities of these organizations as determined by the Council
pursuant to a process established herein and approved by County. Of the $435,000 in County funding, up to
Four Hundred Thousand Dollars ($400,000) will be applied to Category C-Level I
(Small and Emerging Organizations, Children’s and Multicultural projects). A portion of the remaining funds,
not-to-exceed 10% of the total amount, may be used by the Council to administer
the program. In the event some
funds are unspent, the Council will reallocate funds to support cultural
programs in underserved areas of the County. Countywide (MC)
* * * * * * * * * * *
*
SEPTEMBER 11, 2007
4.
SPECIAL PRESENTATIONS – 9:30 A.M.
A.
Proclamation declaring October 2007 as “Domestic Violence Awareness
Month” in Palm Beach County.
(Sponsored by Commissioner Santamaria)
B.
Proclamation declaring October 16, 2007 as “National Childhood Hunger
Day” in Palm Beach County.
(Sponsored by Commissioner Marcus)
C.
Proclamation declaring September 22, 2007 as “Spady Living Heritage Day”
in Palm Beach County. (Sponsored by
Commissioner McCarty)
D.
Proclamation declaring September 2007 as “Sickle Cell Month” in Palm
Beach County. (Sponsored by
Commissioner Greene)
E. The
Palm Beach Chapter of the Florida Nursery, Growers and Landscape Association
wishes to thank the Board of County Commissioners and the Cooperative Extension
Service for their support of the industry's GrowSmart! public information
campaign during this critical drought period.
* * * * * * * * * * *
*
SEPTEMBER 11, 2007
5.
PUBLIC HEARINGS - 9:30 A.M.
(Motion to receive and file: Proof of publication)
CONTINUED FROM JULY 10, 2007
A. Staff recommends
motion to adopt: an Ordinance amending Ordinance No.
85-40, as amended establishing an amended Five-Year Road Program providing for
title; purpose; adoption of revised Five-Year Road Plan and revised list of
projects contained in Exhibit “A”; implementation of the Plan; modification of
Plan; funding of other roadway improvements; interpretation of exhibit; repeal
of Laws in Conflict; severability; inclusion in the Code of Laws and Ordinances;
and effective date. SUMMARY: Since the development and adoption of
the County’s Five-Year Road Program on November 13, 2006, the progress and
evolution of current and near-term projects has continued to be monitored. Costs and revenues have been updated and
in some cases, additional needs have been identified. Revisions are being proposed to modify
the Road Program to reflect this updated information. A Public Hearing was held on July 10,
2007 whereas, the Board of County Commissioners agreed to postpone this item
until today’s meeting, which could result in the final adoption of the amended
Five-Year Road Program.
Countywide (MRE)
CONTINUED FROM AUGUST 21,
2007
B.
Staff recommends
motion to:
A) adopt a Resolution abandoning portions of a 30
and a 50 foot wide unimproved right-of-way, lying between Blocks 80 and 81, Palm
Beach Farms Company Plat No. 3, as recorded in Plat Book 2, Pages 45-54, Public
Records of Palm Beach County, Florida; and
B) approve authorization for the Chairperson to
execute the Utility Easement as requested by Palm Beach County Water Utilities
Department.
SUMMARY: This petition site is located south of
Palmetto Park Road, east of Lyons Road, lying between Sandalfoot Cove Sections 7
& 8 and Boca Rio Heights Developments.
The County Engineer is requesting the abandonment to release the public
interest in these unimproved rights-of-way. This item was postponed from the public
hearing date of August 21, 2007, to revise the legal description and sketch to
exclude that portion of the unimproved right-of-way within Palm Beach County’s
Sandalfoot Cove Park.
District 5
(PFK)
C. Staff recommends
motion to:
A)
adopt a Resolution
abandoning a portion of the unimproved 30 foot wide right-of-way, lying between
Blocks 80 and 81, as recorded in Palm Beach Farms Plat No. 3, recorded in Plat
Book 2, Pages 45-54, Public Records of Palm Beach County, Florida;
and
B)
approve
authorization for the Chairperson to execute the Utility Easement as requested
by Palm Beach County Water Utilities Department.
SUMMARY:
This petition site is located north of Belvedere Road and east of Benoist
Farms Road. The County Engineer is
requesting the abandonment per the Board of County Commissioners (BCC) direction
given at the public hearing of March 12, 2002, at which time the BCC denied the
original petition to abandon this right-of-way. District 2 (PFK)
D. Staff recommends
motion to adopt: a Resolution abandoning that portion of
the unimproved thirty (30) foot wide right-of-way centered on the south line of
Section 11, Township 47, Range 41, adjoining Tracts 40 and 41, Florida Fruit
Lands Company’s Subdivision No. 2, as recorded in Plat Book 1, Page 102, Public
Records of Palm Beach County, Florida.
SUMMARY: This petition site is located south of
Kimberly Boulevard (also known as Old Pump House Road) and west of Coral Ridge
Road. The owner/petitioner is
requesting the abandonment to utilize the unimproved right-of-way within the
development of a Planned Unit Development (PUD). District 5 (PFK)
SEPTEMBER 11, 2007
5.
PUBLIC HEARINGS - 9:30 A.M.
CONTINUED
E. Staff recommends
motion to approve: the alignment of Park Avenue from
Congress Avenue to Old Dixie Highway.
SUMMARY: The approval of the Park Avenue
alignment from Congress Avenue to Old Dixie Highway allows the Town of Lake Park
and affected property owners to plan for an east/west road in this
corridor. The Town currently is
considering development approvals on properties where the alignment will be
located. Park Avenue West exists
today between Military Trail and Congress Avenue, and is shown on the
Thoroughfare Map continuing to Old Dixie Highway, a County maintained road. Ultimately, the construction of Park
Avenue from Congress Avenue to Old Dixie Highway will provide an additional link
in the Thoroughfare System and will reduce traffic volumes on adjacent
roadways. However, there is no
funding for any portion of the project (design, right-of-way, or construction)
in either the Town or County’s Five-Year Capital budgets. Districts 1 & 7 (MRE)
F.
Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, providing for an amendment to the
Palm Beach County Charter concerning the transfer or limit of a service,
function, power or authority of a municipality; providing for charter amendment
language; providing for referendum and ballot language; providing for form of
notice; providing for adoption by the Board of County Commissioners; providing
for severability; providing for inclusion in the charter; and providing for an
effective date. SUMMARY: This Ordinance will place a proposed
charter amendment on the November 4, 2008 General Election ballot that will
revise how and where future charter amendments will be implemented. If passed, this charter amendment would
provide that any approved charter amendment that transfers or limits a service,
function, power or authority of a municipality shall be effective in a
municipality only if the amendment is also approved by a majority of voters in
that municipality voting in the referendum. Countywide (LB)
G. Staff recommends
motion to adopt:
an Amendment to the Village of Palm
Springs Public Safety‘s EMS Certificate of Public Convenience and Necessity
(COPCN) from Primary ALS provider to Primary ALS Provider – ALS Transport within the geographical limits of Palm
Springs. SUMMARY: Medics Ambulance Service currently holds
the COPCN for the Village of Palm Springs and contracts with American Medical
Response (AMR) for ALS transport for the Village of Palm Springs Public
Safety. Palm Springs Public Safety,
in order to meet the Level of Service compliance requirements, must be able to
provide transport by October 1, 2007 and is, therefore, requesting approval of
an amended COPCN. The EMS
Advisory Council has not had an opportunity to review this request as they did
not have a quorum at its July 27, 2007 meeting and will not hold a meeting until
September 20, 2007. Due to the time
constraints, the Office of EMS has reviewed the application and found that Palm
Springs Public Safety’s COPCN should be amended. District 3 (DW)
* * * * * * * * * * *
*
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
A.
ADMINISTRATION
TIME CERTAIN -
2:15P.M.
1.
Staff
recommends motion to: accept the study “Permitting Process Regarding
Mining Impacts within the Everglades Agriculture Area (EAA)”; dated September
2007 and have staff implement the improvements listed in the Conclusions section
of the aforementioned report that would provide improved regulation and
intergovernmental coordination during the permitting process dealing with
mining. SUMMARY: On February
6, 2007, the Palm Beach County Board of County Commissioners (BCC) approved
staff’s recommendation to perform a study that was to evaluate whether or not
the existing permitting process addresses the concerns raised about the impacts
of large scale mining within the EAA. Meetings were held with the permitting
agencies to discuss the current permitting processes and determine whether or
not the current process was sufficient to adequately address the issues that
have been raised about mining impacts. Additional comments were received and
considered from other public interests.
The study presented today is the culmination of those meetings and
discussions. Countywide/District
6 (MJ)
2.
Staff recommends
motion to approve: a Contract with Florida Atlantic University Small
Business Development Center (SBDC) in the amount of $94,000 to provide technical
assistance and training to small businesses in Palm Beach County for the period
of October 1, 2007, through September 30, 2008. SUMMARY: This Contract provides Palm Beach
County’s Small Business Enterprise firms with technical assistance and training
in the form of direct consulting services in the areas of finance, marketing,
management, construction, human resources, business plans and international
trade. In addition, $50,000 of the
$94,000 contracted amount will secure services to develop federal
certifications, such as 8(a), HUBZone and Small Disadvantaged Business; identify
federal contract opportunities for local small businesses; and, assist local
businesses in submitting bids to
local, state, and federal agencies.
On July 3, 2007, the Office of Small
Business Assistance completed an audit for Programmatic Efficiency, Financial
Accountability, Contract Compliancy and Customer Satisfaction, and concluded
that the SBDC satisfactorily provides business consultation services to both
start-up and existing businesses.
As of July 3, 2007, the SBDC satisfactorily met or exceeded the majority
of deliverables for the Scope of Work.
All goals were met as of August 31, 2007. Countywide
(TKF)
|
|
Deliverables |
FY
07 Contracted |
Achieved As of
8/31/07 |
FY
08 Contracted |
|
|
SBDC |
|
|
|
|
1 |
Management &
Technical Assistance Clients |
440 |
658 |
440 |
|
2 |
Loans Approved |
$1,750,000 |
$3,056,430 |
$1,750,000 |
|
3 |
Client Profiles |
4 |
3 |
4 |
|
|
PTACP |
|
|
|
|
4 |
Management &Technical
Assistance Clients |
65 |
86 |
65 |
|
5 |
Procurement Approved
|
$3,500,000 |
$60,050,974 |
$3,500,000 |
|
6 |
Government Procurement
Seminars |
16 |
9 |
16 |
|
7 |
Certification
Training |
8 |
12 |
8 |
|
8
|
Review of RFP/Bid
Process |
6 |
7 |
6 |
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
A.
ADMINISTRATION
(Cont’d)
3. Staff recommends motion to approve: a Grant Agreement with the Palm Beach County Resource Center, Inc., (PBCRC) a not-for-profit 501(c)(3) corporation in the amount of $96,800 for consulting/professional services for the period of October 1, 2007, through September 30, 2008. SUMMARY: This Agreement with the PBCRC provides funding for activities and services to assist and develop small businesses in Palm Beach County. The PBCRC provides local businesses with access to capital, technical assistance, and procurement opportunities to assist and develop small businesses in Palm Beach County. Staff has determined that the services and assistance provided. Staff has determined that the services and assistance provided by PBCRC are essential to the small business community.
On June 29, 2007, the Office of
Small Business Assistance completed an audit for Programmatic Efficiency,
Financial Accountability, Contract Compliancy and Customer Satisfaction, and
concluded that the PBCRC has successfully provided business development services
to both start-up and existing businesses.
As of June 29, 2007, the PBCRC exceeded each of its contracted goals.
Countywide (TKF)
|
|
Deliverables |
FY 07 Contracted |
Achieved (As of 8/30/07) |
FY 08 Contracted |
|
1 |
Loans Approved |
$1,543,500 |
2,126,457 |
1,543,500 |
|
2 |
Procurements Approved |
4,410,000 |
10,365,493 |
4,410,000 |
|
3 |
New Clients Assisted |
100 |
65 |
100 |
|
4 |
Client Service Hours |
3,150 |
7,271 |
3,150 |
B. COMMUNITY
SERVICES
1.
Staff
recommends motion to accept:
presentation of BCC Roles
& Responsibilities as the Governing Board for the Head Start/Early Head
Start Programs. SUMMARY:
The Board of County Commissioners, as the governing board of Head
Start/Early Head Start Programs, is required by Federal Head Start Program
Performance Standards to be trained to carry out their governance
responsibilities effectively. The
training will be provided by Mabel
Jones of The Jones Connection.
(Head Start) Countywide (TKF)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
C. COUNTY
ATTORNEY
1.
Staff
recommends motion to adopt: a Resolution authorizing the issuance
of up to $9,500,000 Tax-Exempt Adjustable Mode Revenue Bonds (Caron Foundation
of Florida, Inc. Project) Series 2007 (the “Bonds”) for the purpose of financing
a portion of the cost of acquisition and construction of office and outpatient
treatment facilities to be owned and operated by Caron Foundation of Florida,
Inc. and the costs of leasehold improvements to certain apartment facilities
leased by such corporation; approving the form of and authorizing the execution
of a loan agreement, indenture of trust and a bond purchase agreement; awarding
the sale of the Bonds by a negotiated sale; approving a trustee for the Bonds;
authorizing certain officials and employees of the County to take all actions
required in connection with the issuance of the Bonds; making certain other
covenants and agreements in connection with the issuance of the Bonds and
providing an effective date.
SUMMARY: On August
21, 2007, the Board of County Commissioners approved the application of Caron
Foundation of Florida, Inc.(the “Company”) for the issuance of the Bonds. Proceeds of the Bonds will be used
to: i) pay the costs of
acquisition, construction, installation and furnishing of certain leasehold
improvements to the apartment facilities known as Fairways on the Green located
at 2101 Lowson Boulevard, Delray Beach, Florida; ii) pay the costs of the
acquisition, build-out, installation and furnishing of an office and outpatient
treatment facility known as Beacon Square located at 8051 Congress Avenue, Boca
Raton, Florida; and iii) pay
the costs of issuance of the Bonds.
The Bonds will be payable solely from revenues derived from the
Company. Neither the taxing power nor the faith and
credit of the County, nor any County funds, shall be pledged to pay principal or
redemption premiums, if any, or interest on the Bonds. District 4
(PFK)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
C. COUNTY ATTORNEY
(Cont’d)
2.
Staff
recommends motion to approve:
A) payment in the amount of $375,308 to St.
Mary’s Medical Center for the cost of providing medical care to an indigent
individual who was shot and injured by the West Palm Beach Police Department
during his arrest on November 27, 2006.
As a result of this shooting, this Defendant is a
quadriplegic;
B) continued payment to St. Mary’s Medical
Center at the Medicaid rate of $1,472.82 per day for the care of this defendant,
from September 11, 2007 forward until the defendant is either released from the
criminal court hold on him by either being acquitted or convicted and committed
to the custody of the Florida Department of Corrections, upon his release to the
Healey Rehabilitation and Nursing Center, or until January 11, 2008, whichever
occurs first, in an amount not-to-exceed $179,684. The budget amendment and transfer for
these per diem payments shall only be made through September 30, 2007, the end
of our fiscal year. After the
beginning of the 2007-2008 fiscal year, an additional budget request will be
made for any needed per diem funds required to January 11, 2008 per the above
agreement;
C) a Budget Transfer of $406,237 from
the Risk Management Fund to the General Fund; and
D) a Budget
Amendment of $406,237 in the General Fund to provide for this payment for
medical services from November 27, 2006 through September 30, 2007.
SUMMARY: Section
901.35, Florida Statutes, provides that the County is responsible for the
medical cost of treating a person injured by law enforcement during their arrest
when there is no other source of payment.
In the past, the County has argued that these indigent medical costs are
the responsibility of the Palm Beach County Health Care District because these
patients are indigent citizens of the County and, therefore the District is
properly “another source of payment” pursuant to Section 901.35, Florida
Statutes. However, the Health Care
District has refused to pay these medical costs because it has a policy of
excluding coverage for indigent persons under arrest and the Circuit Court
agreed that the District could pass such a policy. The total cost of the defendant’s care
through September 10, 2007 is over a million dollars, and the hospital will
accept the Medicaid rate for his treatment through September 10, 2007 of
$375,308. St. Mary’s has filed a Motion to
Compel the County to pay these costs in the pending criminal case, and that
Motion will be withdrawn upon the approval of this payment. Sufficient funds exist in the Risk
Management Fund to cover the cost of this payment. Should the defendant’s situation not
change by January 11, 2008, another item will be brought to the Board for
additional funding.
Countywide (LSJ)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
D. HOUSING & COMMUNITY
DEVELOPMENT
1. Staff recommends motion to approve: up to $7,500 in foreclosure prevention assistance to Ms. Ruth McMahon to avoid the foreclosure of her home, located at 1021 W 2nd Street, Riviera Beach, Florida 33404. SUMMARY: This assistance is being provided under the County’s local SHIP Program which assists income eligible very low and low income homeowners who are facing foreclosure. The goal of this strategy is to prevent foreclosure by paying up to six (6) months delinquent mortgage payments (PITI) to aid in bringing the mortgage current. These funds will be used to pay the delinquent mortgages, including late fees and attorney’s fees, and other foreclosure associated costs. The property must be owner-occupied, and the homeowner must meet SHIP income qualification guidelines. Ms. McMahon lost her employment due to heart surgery and later suffering a stroke. This mortgage assistance program is designed to provide a one time subsidy to eligible applicants. However, Ms. McMahon received $7,500 in September 2006 from this program; and as a result, this is her second mortgage assistance subsidy request, which was recommended for approval by the CAH Advisory Committee on August 23, 2007. Countywide (TKF)
2.
Staff
recommends motion to approve:
additional
State Housing Initiative Program (SHIP) funding in the amount of $13,000 to
Greicy Roldan, of the City of Lake Worth, to undertake an emergency
rehabilitation project at her home, with a waiver to exceed the maximum funding
amount of $8,000 as established under the policies and procedures of the
Emergency Rehabilitation Program.
SUMMARY: On July 10,
2007, a bid for $21,000 was received to perform work under the SHIP funded
Emergency Rehabilitation Program at Ms. Roldan’s house at 539 Sunrise Court in
Lake Worth. Her home has older
electrical wiring which has cloth type insulation that has deteriorated to the
water heater to develop a short circuit causing smoke in the attic and resulting
in a call to the fire department.
The proposed scope of work includes rewiring the entire house to current
codes, installing a new electrical service and panel, ground fault protection,
arc fault protection, and patching and painting walls and ceilings in affected
areas. These requested funds are
SHIP funds that require no local match. District 7 (TKF)
E. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
1.
Staff recommends
motion to approve:
A)
the form of an interlocal agreement between Broward County and Palm Beach
County relating to public debt for property transferred due to boundary changes;
and
B) delegation of signature authority to the
County Administrator to execute the Interlocal Agreement.
SUMMARY: On June 26, 2007, the Legislature enacted
Chapter 2007-22, Laws of Florida, transferring approximately 2,000 acres of real
property, commonly referred to as the wedge property, from Palm Beach County to
Broward County. Section 10 of
Chapter 2007-22 requires an Interlocal Agreement addressing the apportionment of
any outstanding public debt be approved by September 30, 2007. This Interlocal Agreement calls for the
payment of $331,471.13 in satisfaction of that requirement. The delegation of signature authority is
requested due to the time constraints for getting both counties to approve the
Agreement. Countywide (PFK)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
F.
PLANNING, ZONING &
BUILDING
1.
Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
October 16, 2007 at 9:30 a.m.: an Ordinance of the
Board of County Commissioners of Palm Beach County, Florida repealing Ordinance
2005-006 in its entirety and replacing it with the following: revised Annexation
Charter Amendment Implementation Ordinance; providing for purpose; providing for
authority; providing for territory embraced; providing for notice to County;
providing for procedure in charter regarding voluntary annexation by
municipalities; providing for designation of unincorporated rural neighborhoods;
providing for applicability of state law; providing for severability; providing
for inclusion in the Code of Laws and Ordinances; providing for enforcement;
providing for captions; and providing an effective date. SUMMARY:
The voters of Palm Beach County approved the Annexation Charter Amendment
in November 2004. On April 19,
2005, the Board of County Commissioners adopted Ordinance 2005-006 to implement
the charter amendment.
Subsequently, several municipalities challenged the legality of the
charter amendment and implementing ordinance. Several provisions in the implementing
ordinance were stricken by the circuit court in an order dated June 6, 2005 that
was upheld by the Fourth District Court of Appeal in November 2006. The Florida Supreme Court denied review
of the case in March 2007. This
Ordinance repeals Ordinance 2005-006 in its entirety and replaces it with a new
ordinance establishing notice for procedures for all voluntary annexations and
designating an Unincorporated Protection Area and Unincorporated Rural
Neighborhoods. County staff
presented the proposed ordinance to the League of Cities on January 10, 2007 and
August 8, 2007. In response to
concerns raised by the League, Subsection 5(3) of the Ordinance has been revised
to state that the provisions of this section may be the basis for a cause of action
invalidating the voluntary annexation. Countywide (RB)
G. FACILITIES DEVELOPMENT &
OPERATIONS
1.
Staff requests direction: on proceeding with the design and
construction of a Thermal Energy Storage system to supplement the Judicial
Center Central Energy Plant (CEP).
Summary: In June 2007, the Board authorized
proceeding with the expansion of the Judicial Center Central Energy Plant
(R2007-0871) to serve the Governmental Center and the 1916 Courthouse as well as
ultimately the build-out on Block D.
The purpose of this phase of the project is to replace the Governmental
Center roof mounted chiller plant which has reached its operational life
expectancy by replacing and expanding the existing CEP chillers to accommodate
the additional load. Also, the
replacement of the existing chillers will eliminate the current refrigerant
which is now banned by the EPA. As is typical for new and replacement HVAC
projects, the County’s consultant was tasked to examine the potential of
alternative energy and energy cost saving systems including Thermal Energy
Storage (TES). A TES system is designed to store cooling energy during
“off-peak” hours thereby benefiting from reduced electrical rates. The
analysis shows that the TES alternative for this project would reduce ongoing
electrical costs by at least $205,000/yr (before the construction of the Block D
Building and $265,000/annually with the Block D Building) when compared to
operating the proposed new central chiller plant without TES. However, there is a net increase in
capital cost of $1.3M and requires the siting of a water storage tank on the
property, which not only requires approval from the City of West Palm Beach, but
the loss of 20 parking spaces. In
order for the design to proceed further, Board direction is required with regard
to the inclusion of TES in the further design of the CEP Expansion. Staff is
presenting this to the BCC for direction as: 1) this analysis indicates favorable
payback terms, but recognizes the immediate capital budget constraints and
additional appropriation required; and
2) if chosen for long term financial reasons, the design money is at risk
until (and if) the water storage tank is approved by the City. (Capital Improvements Division) Countywide/District 7 (JM)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
H.
ENVIRONMENTAL RESOURCES MANAGEMENT
A) direction on an Agreement for Sale
and Purchase with Indiantown-Jupiter Venture, a Florida general partnership, and
Walter J. Hatcher and Joyce B. Hatcher, husband and wife and Hatcher Jupiter,
L.L.C. for the purchase of approximately 230.54 acres of improved land at a
purchase price of $19,826,440, subject to satisfactory due diligence, a
certified survey, and the County’s successful closing on a loan to fund
acquisition of the property;
B) approval of a Lease Agreement with
Walter J. Hatcher and Joyce B. Hatcher, husband and wife, for a 5-year period,
plus two (2) additional one (1) year renewal options, on an approximate
6.54-acre improved portion of the property which will be purchased from Hatcher
and which includes a residence, for the sum of $125,000 which amount will be
deducted from the County’s purchase price payment for the property and a small
area where the Hatchers will retain use of barns and sheds for an 18-month
period after closing, all conditional upon approval of the Agreement for
Purchase and Sale; and
C) authorize staff from the Office of
Finance and Budget Department to
proceed with securing funds from the Florida Sunshine Fund in an amount not to
exceed $18,000,000 for the purchase of the 230.54+ acre Indiantown
Jupiter Venture and Walter J. and Joyce B. Hatcher tract of land, and related
acquisition costs. Debt service on the Sunshine Fund loan would come from non-ad
valorem sources.
Summary: Staff is seeking direction regarding the
purchase of 230.54 acres of land which adjoins Riverbend Park and is in close
proximity to Cypress Creek Natural Area. A number of potential funding sources
are described herein. However, those potential funding sources are not, as of
yet, committed and this acquisition may, to a lesser or greater extent,
necessitate ad valorem equivalent funding.
On
October 3, 2006, the Board approved the acquisition of 251 acres of vacant land
from Jupiter Ranch, Inc. for inclusion into the County’s Cypress Creek Natural
Area. When the acquisition was
approved (R2006-2139), the Board directed staff to investigate the possible
acquisition and potential use(s) of an approximate 230.54-acre tract south of
the Jupiter Ranch tract. This
230.54-acre tract is comprised of 145.94 acres owned by Indiantown-Jupiter
Venture (IJV), a Florida general partnership, and 84.60 acres owned by Walter J.
Hatcher and Joyce B. Hatcher, husband and wife (Hatcher). The property is
bordered to the north by Indiantown Road, to the west by Jupiter Farms Road, and
to the east by a Loxahatchee River Environmental Control District parcel and
Riverbend Park. Although IJV and
Hatcher indicated that they would be willing to sell their land for $90,000 per
acre, or $20,748,600 for the entire 230.54-acre site, (an amount equivalent to
what was paid for the Jupiter Ranch tract), the average of two appraisals
obtained by the County indicates that the value of the IJV and Hatcher
properties is $86,000 per acre. IJV
and Hatcher have agreed to sell their respective properties, totaling 230.54
acres, for $19,826,440, or $86,000 per acre, “as is”, subject to adjustment
based upon the actual acreage shown on the survey to be completed during the
60-day Inspection Period. The
Agreement for Purchase and Sale (Agreement) is contingent upon the sale and
closing of both the IJV and Hatcher properties, and the concurrent execution of
the Lease Agreement which permits Hatcher to retain use and occupancy of the
existing residence and approximately 5 acres of adjacent lands on the Hatcher
property, together with access to the residence from Indiantown
Road.
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
H.
ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
1.
SUMMARY
(Continued):
The
Agreement is also contingent upon normal satisfactory pre-acquisition due
diligence, and the successful closing on a loan by the County to fund
approximately 86% of the property’s sale price. If the Board approves the Agreement,
$2,666,000 of the $19,826,440 purchase price will be paid using 1999
Recreational and Cultural Facilities Bond funds. The balance of the purchase price would
be funded using a Florida Sunshine Fund in an amount not to exceed
$18,000,000. There currently are no
dedicated funding sources for the repayment of this loan and if outside funding
is not obtained or is delayed, non-ad valorem funds would have to be used to
repay the loan. However, the Solid
Waste Authority (SWA) has expressed an interest in participating in the
acquisition and the South Florida Water Management District (SFWMD) has
indicated a willingness to discuss their potential participation in this effort.
Florida Communities Trust (FCT), Loxahatchee River Preservation Initiative
(LRPI) and Florida Recreation Development Assistance Program (FRDAP) are
potential grant sources for this project.
Staff
has investigated the subject property and believes that it could be divided into
areas suitable for use as a natural area, incorporation into the adjacent
Riverbend Park and for water resources.
Approximately 135 acres are environmentally sensitive and, if acquired,
should be maintained as a natural area.
Approximately 31 acres could be added to Riverbend Park and could provide
pedestrian and equestrian access to the park from Jupiter Farms without the need
to travel on Indiantown Road.
Finally, the remaining approximate 64 acres could be used to help improve
drainage within Jupiter Farms, provide a means to mitigate needed stormwater
drainage from the eastern portion of the County’s Pine Glades Natural Area into
South Indian River Water Control District’s canal system and provide additional
water storage capacity to help provide dry-season freshwater flow to the Wild
and Scenic Loxahatchee River.
District 1 (JMB)
I.
SUPERVISOR OF ELECTIONS
1.
Staff recommends
motion to approve: a Budget Transfer of $1,375,000 from
the General Fund Contingency to provide funding for the Pitney Bowes Relia-Vote
tm Absentee Ballot System.
SUMMARY: The Supervisor of Elections requested
funding for an absentee ballot system as part of his FY 2007 budget
submittal. The Board of County
Commissioners did not include the requested funds in the budget, but agreed to
fund the system from the General Fund Contingency when the Supervisor was ready
to make the purchase.
Countywide (LSJ)
J.
TOURIST DEVELOPMENT COUNCIL
1.
Staff recommends motion to
approve: an Agreement
with Global Spectrum, L.P., which is an assumption of the Agreement between
Global and Discover Palm Beach County, Inc., d/b/a the Palm Beach County
Convention and Visitors Bureau (CVB), for the operation of the Palm Beach
County Convention Center for a period beginning October 1, 2007 to September 30,
2008, with an additional one (1) year renewal option. SUMMARY: This Agreement provides for the County's
assumption of the rights and obligations of the CVB under the CVB's existing
agreement with Global Spectrum for the operation and management of the
Convention Center. In addition,
Global will assume responsibility for the management of the parking and
audio-visual contract previously held by the CVB. Global will be paid a management fee of
$169,674.72 for FY 2008 plus 5% of the net food and beverage sales (which was
$34,611 in 2006).
Countywide
(MC)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
J.
TOURIST DEVELOPMENT COUNCIL
(Cont’d)
2.
Staff recommends motion to
approve: an Agreement
with Aramark Sports and Entertainment Services, Inc. which is an assumption of
the Agreement between Aramark and Discover Palm Beach County, Inc, d/b/a the
Palm Beach County Convention and Visitors Bureau (CVB) for the provision of food
and beverage services at the Palm Beach County Convention Center for the period
of October 1, 2007 to September 30, 2008.
SUMMARY: This Agreement
provides for the County's assumption of the rights and obligations of the CVB
under the CVB's existing agreement with Aramark for the provision of food and
beverage services at the Convention Center. Aramark will be paid an annual
management fee of $100,000 plus 8% of annual net profits (which totaled $60,803
in 2006). Countywide (MC)
3.
Staff recommends motion to
approve: Agreement with
Palm Beach County Cultural Council, Inc. (the “Cultural Council”) for the
provision of services under the County’s Tourist Development Plan during the
period October 1, 2007, through September 30, 2012. SUMMARY: The Agreement provides for the Cultural
Council to provide tourism marketing services under the County’s Tourist
Development Plan for a five (5) year period, from October 1, 2007 through
September 30, 2012. The Agreement
replaces the current contract (Contract R2001-1992) to update governance and
other contractual provisions. The new Agreement establishes: A) a new audit committee; B) Exhibit “I” a new “Conflict of
Interest Policy”; C) term limits on auditing and legal services and re-bidding
thereof; D) amend fidelity bond
insurance; E) updates for Fiscal Year 2008 Exhibit “A” – Annual Budget, and
Exhibit “E” – Performance Measures; and F) adopts revised Exhibit “F” – Travel
Policy, Exhibit “G” - Salary Ranges; Exhibit “H” – Organizational Chart; and
other minor modifications. These
changes have been reviewed and approved by the TDC. The new Agreement is for the amount of
$982,000. Countywide (MC)
4.
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, 2007, through September 30, 2012. SUMMARY: The Agreement provides for the CVB to
provide tourism marketing services under the County’s Tourist Development Plan
for a five (5) year period, from October 1, 2007 through September 30, 2012.
The Agreement replaces the current
contract (Contract R2006-1993) to update
scope of work (including convention center long term sales and collaborative
marketing of the convention center, governance and other contractual
provisions). The new
Agreement establishes: A) a new Exhibit “C” “Conflict of Interest Policy”; B) a new Exhibit “K” “Financial Policies
and Procedures”; C) new audit and
finance committees; D) term limits on auditing and legal services and re-bidding
thereof; E) industry certification;
F) updates for Fiscal Year 2008
Exhibit “A” – Annual Budget, and Exhibit “F” – Performance Measures; G) adopts revised Exhibit “B” – Moving
Expense Policy, Exhibit “G” – Travel Policy, Exhibit “H” - Salary Policy,
Exhibit “I” - Salary Structure, Exhibit “J” – Organizational Chart and other
minor modifications. These changes
have been reviewed and approved by the TDC. The new Agreement is for the amount of
$9,804,000. Countywide (MC)
SEPTEMBER 11, 2007
6.
REGULAR AGENDA
J.
TOURIST DEVELOPMENT COUNCIL
(Cont’d)
5.
Staff recommends motion to
approve: Agreement with the Palm Beach
County Film and Television Commission (the PBCFTC) for the provision of services
under the County’s Tourist Development Plan during the period October 1, 2007,
through September 30, 2012. 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 (5) year
period, from October 1, 2007 through September 30, 2012. The Agreement replaces the current
contract (Contract R2006-1991) to update governance and other contractual
provisions. The new Agreement establishes:
A) a new audit and Finance committee; B) Exhibit “K” –“Conflict of
Interest Policy”; C) term limits on
auditing and legal services and re-bidding thereof; D) amend fidelity bond insurance; E) industry certification; F) updates
fiscal year 2008 Exhibit “A” – Annual Budget, and Exhibit “F” – Performance
Measures; and G) adopts revised Exhibit “D” Travel and Entertainment Policy,
Exhibit “I” Salary Ranges, and Exhibit “J” Organizational Chart; and minor
modifications. These changes have been reviewed and approved by the TDC. The new Agreement is for the amount of
$604,000. Countywide (MC)
6.
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, 2007, through September
30, 2012. SUMMARY: The Agreement provides for the PBCSC to
provide tourism marketing services under the County’s Tourist Development Plan
for a five (5) year period, from October 1, 2007 through September 30,
2012. The Agreement replaces the
current contract (Contract R2006-1990) to
update governance and other contractual provisions. The new Agreement
establishes: A) a new Finance and Audit committee; B) Exhibit
“J” –“Conflict of Interest Policy”; C) term limits on auditing and legal
services and re-bidding thereof; D)
makes certain changes of a technical nature to the body of the contract; E) amend fidelity bond insurance; F) deletes Exhibit “C” Student Intern
Policy; G) updates for Fiscal Year
2008 Exhibit “A” – Annual Budget, and Exhibit “F” – Performance Measurements;
and H) adopts revised Exhibit “B” -
Moving Expenses, Exhibit “D” – Travel and Entertainment Policy, Exhibit “G” –
Salary Policy, Exhibit “H” - Salary Structure, Exhibit “I” – Organizational
Chart; and other minor modifications. These changes have been reviewed and
approved by the TDC. The new
Agreement is for the amount of $870,800.
Countywide
(MC)
* * * * * * * * * * *
*
RECESS AS THE BOARD OF COUNTY
COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL
BOARD
SEPTMEBER 11, 2007
7.
BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL
BOARD
A.
COUNTY ATTORNEY
(Environmental Control Hearing Board)
1.
Staff
recommends motion to approve:
appointment of the following individual to the Environmental Control
Hearing Board, to complete the unexpired term of Bernard Kalina, who resigned as
of December 11, 2006, and whose term expires January 23,
2009:
Name
Seat No.
Requirement
Recommended By
Lewis Green
2
Medical Doctor
Palm Beach County
Medical Society
SUMMARY:
The Board is composed of five (5) members. Membership must consist of one (1)
lawyer recommended by the Palm Beach County Bar Association, one (1) medical
doctor recommended by the Palm Beach County Medical Society, one (1) engineer
recommended by the Palm Beach County Chapter of the Florida Engineering Society,
and two (2) citizens-at-large not holding elective office. This action will fill this seat until
January 23, 2009.
Countywide
(GB)
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ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE AS THE BOARD OF COUNTY
COMMISSIONERS
SEPTEMBER 11, 2007
8.
BOARD APPOINTMENTS
A.
ADMINISTRATION
(Workforce Alliance,
Inc.)
1.
Staff recommends motion to approve: appointment of Elena Polanco for
September 15, 2007 to September 15, 2009 as follows: Ms. Elena Polanco, WIA/WTP
Supervisor, Workforce Alliance, Inc. will represent Welfare Transition
Participant, Seat number 19 for two (2) years. SUMMARY: The membership of Workforce Alliance,
Inc. (Alliance) conforms to the requirements of the Workforce Investment Act
(WIA) of 1998 and requests that an emphasis be placed on CEO’s or highest level
of Management positions for both community and business sector
appointments.
Countywide
(TKF)
B.
ENVIRONMENTAL RESOURCES MANAGEMENT
(Artificial Reef and Estuarine
Enhancement Committee)
1. Staff recommends motion to approve: appointment of two (2) new members to the Artificial Reef and Estuarine Enhancement Committee (AREEC) for three (3) years beginning September 11, 2007 through September 10, 2010:
Appointment:
Representing
Seat No.
Nominated By
Georgia Vince
Local Government Entity 2
Comm. Koons
Comm. Greene
Or
James Bowser
Local Government Entity 2
Comm. Koons
Comm. Greene
And
David Snyder Commercial Fishing
Entity 6
Comm. Koons
Comm. Greene
SUMMARY: Resolution No. R96-1489 approved on
October 1, 1996 provides for a nine (9) member AREEC. The membership consists of one (1)
representative of the County Commission, two (2) members representing other
local governmental entities, one (1) representing commercial scuba diving
interest, one (1) member representing commercial marine industry, one (1) member
representing commercial fishing interests, one (1) member representing a
recreational fishing club, one (1) member representing a recreational scuba
diving club, and one (1) member representing an environmental organization. A Memorandum dated July 18, 2007 was
sent to the Board advising that the terms of Seat No. 2 and Seat No. 6 had
expired. These appointments are for
a three (3) year term expiring September 10, 2010. All nominees meet their respective seat
requirement and wish to serve on the AREEC. Countywide (HF)
SEPTEMBER 11, 2007
8.
BOARD APPOINTMENTS
C.
FIRE RESCUE
(Regional Hazardous Material Oversight
Committee)
1.
Staff recommends
motion to approve: reappointments of two (2) individuals to
the Regional Hazardous Materials Oversight Committee beginning on May 1, 2007
through April 30, 2010, and one (1) new appointment beginning September 11, 2007
through September 10, 2010:
Reappointment
Nominee
Category
David J. Levy, P.G.
Palm Beach County League of Cities
Robert Madden
Solid Waste Authority
Appointment
Nominee Category
Michael Geier
PBC Division of Emergency Management
SUMMARY: The Hazardous Materials Oversight
Committee was created in 1998 by Ordinance No. 98-13. Appointments to this five (5) member
committee are for three (3) year terms and are composed of members from specific
areas of representation. The terms
of the committee members are staggered to eliminate replacing the entire
committee at one time. Mr. Levy and
Mr. Madden have requested to be reappointed. Countywide (SB)
D.
HOUSING & COMMUNITY DEVELOPMENT
(Westgate/Belvedere Homes
Community Redevelopment Agency)
1.
Staff recommends
motion to approve: the following CRA Board Officers for a one (1) year
term commencing June 11, 2007 and expiring June 11, 2008:
Board Member
Office
Frederick G. Wade/reappointment as
Chair
Ronald Daniels/reappointment as
Vice- chair
SUMMARY: The Westgate/Belvedere Homes CRA
Board consists of seven (7) at-large members from residents and local businesses
within the CRA boundaries. At the
June 11, 2007 meeting, the CRA Commissioners elected the Chair and Vice-Chair
from amongst its Board. The term
shall be one (1) year, beginning with the date of election. District 2 (TKF)
SEPTEMBER 11, 2007
8. BOARD APPOINTMENTS
D.
HOUSING & COMMUNITY DEVELOPMENT
(Cont’d)
(Emergency Shelter Grants Program Advisory Board)
2.
Staff
recommends motion to approve:
appointment/reappointment of the following eleven (11)
nominees to the Emergency Shelter Grants Program (ESGP) Advisory Board for a two
(2) year term, beginning October 1, 2007 and ending September 30,
2009:
Nominees for Appointment
Nominated By
Seat #
Stephen Johnson
The Homeless Coalition of Palm Beach County, Inc. 5
Nominees for Reappointment
Nominated By
Seat #
Robert Anis (Alternate)
The
Homeless Coalition of Palm Beach County, Inc.
1
Barbara Bell-Spence
The Homeless Coalition of Palm Beach County, Inc.
4
Erick Dominguez (Alternate)
The Homeless Coalition of Palm Beach County, Inc.
2
Jeff Ferraro
The Homeless Coalition of Palm Beach County, Inc.
3
Linda Graham
The Homeless Coalition of Palm Beach County, Inc.
6
Ezra Krieg
The Homeless Coalition of Palm Beach County, Inc.
7
Teresa Merwin
The Homeless Coalition of Palm Beach County, Inc.
9
LeRoy Nace
The Homeless Coalition of Palm Beach County, Inc. 8
Sandy Reynolds
The Homeless Coalition of Palm Beach County, Inc. 10
Dr. Bernard Shulman
The Homeless Coalition of Palm Beach County, Inc. 11
SUMMARY: Resolution
R970-1154, adopted by the BCC on September 2, 1997, reestablished the ESGP
Advisory Board. The ESGP Advisory
Board consists of nine (9) regular and two (2) alternate members nominated by
The Homeless Coalition of Palm Beach County, Inc. ESGP Advisory Board members serve
at-large for two (2) year terms.
The Advisory Board must be comprised of Palm Beach County residents who
are non-conflict, meaning that the agencies they are employed by, or are board
members of, will not be applying for ESGP funds during their term in
office. Federal regulations require
that at least one Advisory Board member be currently or formerly homeless. A request was sent to the Homeless
Coalition on May 8, 2007 requesting nominations. Correspondence was received from
the Homeless Coalition on June 19, 2007 nominating the above individuals to
serve on the ESGP Advisory Board.
Countywide (TKF)
SEPTEMBER 11, 2007
8.
BOARD APPOINTMENTS
E.
PUBLIC SAFETY
(Emergency Medical Services
Advisory Council)
1. Staff recommends motion to approve: the appointment/reappointment of nine (9) at-large members to the Emergency Medical Services Advisory Council for the term of August 15, 2007, through August 14, 2009 from the following:
Nominee
Nominated
Seat
No.
Appoint:
Catherine E. Lessard
Emergency Room Nurses Forum
2
Don W. Chester
Economic Council of Palm Beach County, Inc. 6
John T. Treanor, Jr.
EMS Educator
8
Reappoint:
Darrel Donatto
Fire Chief’s Association of PBC-FL, Inc.
1
Gerald Pagano
Health Care District/PBC Trauma Agency
4
Dr. Jeffrey Davis
PBC Medical Society Services
5
Armand Nault
PBC Council of Fire Fighters and Paramedics
17
Select:
Nominated
Seat
No.
A)
Brooke Liddle
Private Ambulance
3
OR
Andrew V. Cohen
Private Ambulance
3
B)
Dr. Randall Wolff
PBC EMS Medical Directors
16
OR
Dr. Scott McFarland
PBC EMS Medical Directors
16
SUMMARY: The Emergency Medical Services Council
is made up of seventeen (17) people who represent consumers and various
components of the EMS system. Each
member agency representative has recommended that their current member be
reappointed with the exception of the Emergency Room Nurses Forum, and Palm
Beach Community College. The Economic Council of Palm Beach County, Inc. has
nominated their former appointee who had to resign in 2005 due to illness. Seat No. 3 Private Ambulance and Seat
No.16 EMS Medical Directors have requested to serve in place of the current
representative. All “at-large”
appointments will expire on August 14, 2009. Countywide (DW)
F.
COMMISSION DISTRICT APPOINTMENTS
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SEPTEMBER 11,
2007
9.
MATTERS BY THE PUBLIC – 2:00 P.M.
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SEPTEMBER 11, 2007
10. STAFF
COMMENTS
A.
ADMINISTRATION COMMENTS
Housing & Community Development Audit
B.
COUNTY ATTORNEY
SEPTEMBER 11, 2007
11.
COMMISSIONER COMMENTS
A.
District 1 - COMMISSIONER KAREN T. MARCUS
B.
District 2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C.
District 3 - COMMISSIONER ROBERT J. KANJIAN
D.
District 4 - COMMISSIONER MARY MCCARTY
E.
District 5 - COMMISSIONER BURT AARONSON
F.
District 6 - COMMISSIONER JESS R. SANTAMARIA
G.
District 7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
Proclamation honoring Congresswoman Maxine Waters on her visit to Palm
Beach County for
the 114th Anniversary of the Tabernacle Missionary Baptist
Church.
Proclamation declaring September 18, 2007 as “Matchmaker Day” in Palm
Beach County.
12.
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."
September 10, 2007 –
3:45p.m.
BOARD OF COUNTY
COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY,
FLORIDA
ADDITIONS, DELETIONS, &
SUBSTITUTIONS
SEPTEMBER 11, 2007
PAGE
ITEM
9 3A-4 DELETED: Staff recommends motion to approve: a $149,243 Contract with Florida Atlantic University Board of Trustees (FAU) from October 1, 2007 to September 30, 2008 to establish measurable benchmark performance standards, assess businesses and citizens input, and conduct a research on the fiscal effects of the Palm Beach County Strategic Economic Development Plan on local and county governments. (Moved to 10/02/07) (Admin./Economic Development)
10 3C-4 DELETED: Staff recommends motion to approve: an Agreement with 1950 Congress Avenue, LLC (1950) to provide funds of up to $1,000,000 toward the replacement of the Old Boynton Road Bridge over the E-4 Canal. (Further staff review) (Engineering)
27 3H-10 DELETED: Staff recommends motion to approve: BMC Replat No. 1. (Further staff review) (FD&O)
32 3K-2 REVISED TITLE: Staff recommends motion to approve: Consultant Services Authorization No. 2 to the Contract with Keshavarz & Associates, Inc. (R2007-0460) for engineering services for the Glades Replacement Hospital Water Main Extension Project in the amount of $182,443.15. Payment for tasks performed under this CSA is contingent upon the execution by the Board of County Commissioners of an agreement(s) with the City of Belle Glade, the Healthcare District of Palm Beach County and/or other parties, providing for the reimbursement of all costs incurred under this CSA. (WUD)
36
3L-2
DELETED: Staff recommends motion to: A)
approve a downward
Budget Amendment of $130,000 in the General Fund for decreased revenue funding
associated with the close out of Task Assignment AP5, Change Order No. 2
expiring June 30, 2007 for the Aquatic Vegetation Control Program of State
Fiscal Year 2007; and …(Further staff review) (ERM)
36
3L-4
DELETED: Staff recommends motion to
approve: a Contract with the Palm Beach County
Sheriff’s Office (PBSO) to provide continued law enforcement services on
County-owned conservation lands and natural areas for a period of thirty-six
(36) months beginning October 1, 2007 and ending September 30, 2010. (Further
staff review)
(ERM)
37 3L-6 DELETED: Staff recommends motion to approve: Statement of Responsibilities with the U.S. Army Corps of Engineers (Corps) and Humiston and Moore Engineers (H&M) for the development of an Environmental Impact Statement (EIS) for the Singer Island Erosion Control Project. (Further staff review) (ERM)
42 3Q-1 DELETED: Staff recommends motion to approve: the First Amendment to the Weed and Seed Interlocal Agreement with the City of West Palm Beach (R2007-0706); dated May 1, 2007 to extend the Weed and Seed contract period from September 30, 2007 to September 30, 2008 and to increase the amount of the agreement by an additional $100,000. (Further staff review) (CJC)
54
6A-4*
ADD-ON, TIME CERTAIN
- 11:00A.M., REVISED TITLE & SUMMARY:
Staff recommends motion to
adopt:
a Resolution: a) conceptually approving a grant in the
amount of $86.7 $86.9 million to the Max Planck Society for the
purposes of seeking matching funds from the State of Florida; b) authorizing the Business Development
Board to facilitate the application for matching funding from the State of
Florida Innovation Incentive Fund;
c) authorizing staff to commence negotiations with the Max Planck Society
to establish the terms and conditions of the Grant Agreement; d) authorizing
staff to commence negotiations with Florida Atlantic University and Scripps
Florida for temporary facilities for the Max Planck Society; and e) authorizing staff to commence
negotiations with Florida Atlantic University for six (6) acres of land upon
which the Max Planck Florida Institute will be located. SUMMARY: The Max Planck Society is seeking
funds requires funding in the amount of $189.8 $181.8
million to construct and operate a 100,000 square feet Bioscience Institute, Max
Planck Florida Institute on the Campus of Florida Atlantic University in
Jupiter. Of this amount,
$86.7 $86.9 million is anticipated to be funded by Palm Beach
County and $94.9 million is anticipated to be funded by the State of
Florida. The State’s portion is
contingent upon receiving approval by the Governor and Legislature under the
Innovation Incentive Fund. The
State of Florida has appropriated $250 million in an Innovative Incentive Fund
for this fiscal year. The research
institutes’ of Max Planck employ approximately 23,400 people worldwide, and
performs basic research in the interest of the general public in the natural
sciences, life sciences, social sciences and the humanities. Since 1990, the organization has
successfully spun-off 76 companies.
The organization also has produced 16 Nobel Prize winners since
1948. Countywide
(JM)
58
6G-1
DELETED: Staff requests direction: on proceeding with the design and
construction of a Thermal Energy Storage system... (Moved to Workshop on
9/25/07) (FD&O)
60
6J-1
DELETED: Staff recommends motion to
approve: an Agreement
with Global Spectrum, L.P., which is an assumption of the Agreement between
Global and Discover Palm Beach County, Inc., .. for the
operation of the Palm Beach County Convention Center…. (Further staff review)
(TDC)
61
6J-2
DELETED: Staff recommends motion to approve:
an
Agreement with Aramark Sports and Entertainment Services, Inc. which is an
assumption of the Agreement between Aramark and Discover Palm Beach County,
Inc.,… for the provision of food and beverage services at the Palm Beach County
Convention Center … (Further staff
review) (TDC)
61
6J-3
DELETED: Staff recommends motion to approve:
Agreement with Palm Beach County Cultural Council, Inc. (the “Cultural
Council”) … (Further staff review) (TDC)
61
6J-4
DELETED: Staff recommends motion to
approve: Agreement with Discover Palm Beach County, Inc.
…(Further staff review) (TDC)
62
6J-5
DELETED: Staff recommends motion to approve:
Agreement with the Palm Beach County
Film and Television Commission … (Further staff review) (TDC)
62
6J-6
DELETED: Staff recommends motion to approve: Agreement with Palm Beach County Sports
Commission, Inc. … (Further staff review)
(TDC)
64 8A-1 DELETED: Staff recommends motion to approve: appointment of Elena Polanco for September 15, 2007 to September 15, 2009 as follows: Ms. Elena Polanco, WIA/WTP Supervisor, Workforce Alliance, Inc. will represent Welfare Transition Participant, Seat number 19 for two (2) years. (Further staff review) (Admin./Workforce All.)
NOTE:
Items that were
revised, added, deleted, or backup submitted and were not listed on the
preliminary addition/deletion sheet distributed to the Board the prior day are
noted with an asterisk (*).