ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MAY 6, 2008
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 7 - 36)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 37)
5. PUBLIC
HEARING – 9:30 A.M. (Page 38)
6. REGULAR
AGENDA (Pages 39 - 41)
7. BOARD
APPOINTMENTS (Pages 42 - 45)
8 MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 46)
9 STAFF
COMMENTS (Page 47)
10. COMMISSIONER
COMMENTS (Page 48)
11. ADJOURNMENT (Page 48)
* * * * * * * * * * *
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions
from various municipalities relating to Western landfill and County Impact Fees
3A-2 Amendment
No. 1 with Bryan Boysaw & Associates regarding economic development funds
3A-3 Modification to award with U.S. Equal
Employment Opportunity Commission for processing and resolving employment
discrimination complaints
Page 8
3A-4 Agreement
with Regina J. Blair to facilitate
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
List
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Release
of Posted and Viewed Road Rights relative to Pine Glades Natural Area
Page 9
3C-2 Supplemental Agreement No. 5 with Metric
Engineering for professional services relative to Northlake Blvd.
3C-3 Agreement
with FDOT regarding widening/reconstruction of Hypoluxo Road
3C-4 Amendment
No. 2 w/FDOT for Blue Heron Blvd/Congress Ave intersection improvements
3C-5 Reimbursement Agreement with Addison Reserve
Master Property Owners Association regarding removal of brick pavers and
asphalt resurfacing
3C-6 Deleted
3C-7 Deleted
Page 10
3C-8 Resolution approving recordation and filing
of a Specific Purpose Survey Maintenance Map with Clerk regarding 60th
Street North
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 10
3E-1 Twelve
(12) contracts with various provider agencies for Ryan White funds/services
Page 11
3E-2 Use
of Facility Agreement with Village of Royal Palm Beach for congregate meal site
manager
3E-3 Home & Community Based Waiver Case
Management Referral Agreement with FL Dept. of Children & Families
3E-4 Aging
Resource Center Referral Agreement with Area Agency on Aging
Page 12
3E-5 Repayment to the Florida Department of
Children & Families relative to Homeless Housing Assistance Grant
3E-6 Two
(2) amendments to Ryan White support services contracts
F. AIRPORTS
Page 13
3F-1 Budget
Transfer/Amendments regarding Administration & Communications Facility
Page 14
3F-2 Agreement for Purchase and Sale of Specialty
Restaurants Corporation’s and the 94th Aero Squadron of West Palm
Beach, Inc.’s leasehold interest in the 391st Bomb Group restaurant
3F-3 Declaration
of Easement for water/sewer facilities to serve Galaxy Aviation 2 new hangars
Page 15
3F-4 Change
Order No. 2 with Brang Construction, Inc. relative to Terminal skylight
replacement
3F-5 Change Order No. 20 with David Brooks
Enterprises relative to Administration & Communications facility
Page 16
3F-6 Receive
& file ten (10) standard agreements for Dept. of Airports
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Budget
Amendments/Transfer regarding revenue bonds for Scripps facilities
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Amendment
No. 3 with S& F Construction for annual pavilions, shelters & sheds
contract
Page 18
3H-2 JOC
Work Order No. 08-081 with Holt Contractors for Pahokee AC&C modular
building
3H-3 First
Amendment with Town of Palm Beach relative to County’s 800MHz radio system
3H-4 Agreement
with City of Fort Lauderdale relative to County’s 800MHz radio system
Page 19
3H-5 Deposit Receipt and Contract for Sale and
Purchase with National Land Company, Inc. for 4.85 acres of vacant land
adjacent to Lake Ida Park
3H-6 Consent to Change of Ownership of Procell
Watersports, Inc. to Annette Arriaga Roque and Roger Roque relative to
Okeeheelee Park recreational rental concession
Page 20
3H-7 First Amendment to Pedestrian Walkway
Easement Agreement with Courthouse Commons
3H-8 Declaration of Cross Access Easement for
Royal Palm Beach Library and Mid-Western Community Center
3H-9 Donation Agreement with Pahokee Housing
Authority and PBSO for portable Magnum Light Towers
Page 21
3H-10 First Amendment to Lease Agreement with Closter
Farms, Inc. for 7.3 +/- acres in Pahokee
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Agreement
with Comprehensive Community Care Network for emergency generator
3I-2 Third
Amendment to State Housing Initiative Partnership Local Housing Assistance Plan
J. PLANNING, ZONING & BUILDING
Page 22
3J-1 Voluntary
annexation of a County-owned parcel into City of West Palm Beach
K. WATER UTILITIES
Page 22
3K-1 Contract
with AKA Services, Inc. for potable water, reclaimed water and wastewater
services
Page 23
3K-2 Interlocal
Agreement with City of Lake Worth for purchase/sale of bulk potable water
3K-3 Budget
Amendments/Transfer regarding Water & Sewer Revenue Refunding Bonds
Page 24
3K-4 Unilateral
Termination/Partial Release of Standard Potable Water/Wastewater agreement
3K-5 Receive
and file seven (7) standard development agreements and one (1) renewal
agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Contract
with InWater Research Group, Inc. to evaluate sea turtles on nearshore reefs
3L-2 Amendment
No. 2 with FDEP regarding Chain of Lakes system
M. PARKS & RECREATION
Page 26
3M-1 Agreement
with ACCESSPORTAMERICA for outrigger canoeing/windsurfacing programs
3M-2 Agreement
with EPOCH for Kids Cultural Club programs
3M-3 Agreement
with Palm Beach Shakespeare Festival, Inc. for “A Comedy of Errors” performance
3M-4 Agreement
with The Lake Worth Playhouse for 2008 children’s programming
3M-5 Agreement
with City of Delray Beach for 2008 Delray Beach Sister Cities Safari Dinner
event
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 27
3M-6 Agreement
with Palms West Chamber of Commerce for SalsaFest event
3M-7 Agreement
w/Ann Norton Sculpture Gardens for studio restoration and archives preservation
3M-8 Agreement
with West Boca Youth Baseball for uniform expenses
3M-9 Agreement
with Adolph and Rose Levis Jewish Center for Camp Kavod 2008
3M-10 First Amendment with PBC XXtreme Heat, Inc. for Girls U14 basketball
team expenses
Page 28
3M-11 First Amendment with City of Belle Glade for Airport Park
improvements
3M-12 Receive and file three (3) independent contractor agreements for
Parks & Recreation
Page 29
3M-13 Waterways Assistance Grant Application with FIND for DuBois
Marina/Shoreline project
3M-14 Addendum 1 to Grant Contract with Florida
Communities Trust regarding acquisition of 1.10 acre waterfront Susan DuBois
Kindt Estate
Page 30
3M-15 Budget Transfers regarding improvements to Morikami Museum
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 30
3Q-1 Amendment with Florida State University
regarding second year evaluation of the Youth Violence Prevention project
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 31
3S-1 Grant
Application to U.S. Dept. of Homeland Security 2008 Assistance to Firefighters
program
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 31
3U-1 Amendment
No. 1 with CGI-AMS regarding Advantage System
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 32
3X-1 Receive
and file four (4) standard veterinary agreements for Public Safety Department
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 32
3AA-1 Resolution authorizing Palm Tran to file
Transportation Disadvantaged Trip & Equipment Grant Application with
Florida Commission for the Transportation Disadvantaged
BB. INTERNAL AUDITOR
Page 32
3BB-1 Amendment No. 4 with Joseph Bergeron, Internal Auditor
MAY 6, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page 33
3CC-1 Accept Police Athletic League donations for PBSO
community events
3CC-2 Accept donation from Manucy and Associates, Inc. for PBSO
equipment
3CC-3 Accept citizens’ donations through Safety Council for
Child Seat Distribution Program
Page 34
3CC-4 Accept State Homeland Security Grant for equipment and
supplies
3CC-5 Accept State Homeland Security Grant for PBSO SWAT and
EOD Sustainment project
Page 35
3CC-6 Accept State Homeland Security Grant for PBSO SWAT and
EOD Build-out
3CC-7 Grant Adjustment Notice for Edward
Byrne Memorial Discretionary Grant for Multi-Agency Violent Crimes Strategy
3CC-8 Grant Adjustment Notice for FDLE Grant for PBSO Bomb
& SWAT Build-out
DD. SUPERVISOR OF ELECTIONS
Page 36
3DD-1 Redistricting of the PBC Republican Executive Committee
Districts
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 37
4A Women’s Lung Health Week
4B Clean Air Month
4C Certificate of Appreciation to Robert
Higgins
4D Workforce Development Professionals Month
4E Drug Court Month
4F PBC Disaster Preparedness Conference for
Persons with Disabilities recognition
4G Building Safety Week
4H World Lupus Day
4I Nurses Week
4J National Goodwill Week
4K St. Mary’s Medical Center Day
4L Certificates of Appreciation to the Safe
Harbor Animal Hospital Fire First Responders
4M Lord’s Place Award to PBC Homeless
Outreach Team
PUBLIC HEARING – 9:30 A.M.
Page 38
5A Resolution regarding County seat
expansion
REGULAR AGENDA
ADMINISTRATION
Page 39
6A-1 Ordinance
revoking tax exemption granted to Florida Turbine Technologies, Inc.
CLERK & COMPTROLLER
Page 39
6B-1 Presentation of the Comprehensive Annual
Financial Report for FY ending 09/30/07
COUNTY ATTORNEY
Page 39
6C-1 Small
Business Enterprise Program Ordinance
Page 40
6C-2 Increase in funds for expert litigation
services regarding lawsuit with Mizner Trail Golf Club, Ltd.
MAY 6, 2008
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 40
6D-1 Pine
Glades Natural Area Management Plan
FACILITIES
DEVELOPMENT & OPERATIONS
Page 41
6E-1 Donation of 2.5 acres of Haverhill Linear
Park property to Boys & Girls Clubs of Palm Beach County
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 41
6F-1 Unified
Land Development Ordinance (Countywide Impact Fees)
BOARD
APPOINTMENTS (Pages 42 - 45)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 46)
STAFF
COMMENTS (Page 47)
COMMISSIONER
COMMENTS (Page 48)
ADJOURNMENT (Page 48)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. R2008-2642 adopted by the City Commission of the City of Belle Glade, Florida recognizing the importance of a Western Landfill; supporting location in Western Palm Beach County; and recognizing conformance to the Palm Beach County Comprehensive Plan;
B) Resolution No. 2008-08
adopted by the City Council of the City of Greenacres, Florida recognizing the
importance of a Western Landfill; supporting the location in Western Palm Beach
County in accordance with the Palm Beach County Comprehensive Plan; and
C) Resolution No. 43-2008 adopted by the City of Boca Raton advising the Palm Beach County Board of County Commissioners of the City’s opposition to any increase in County Impact Fees.
2. Staff recommends
motion to approve:
A) Amendment No. 1 to Agreement
(R2007-0911) with Bryan Boysaw & Associates a/k/a Law Offices of Bryan Boysaw and Associates, P.A., to extend
the expiration date from April 1, 2008, to April 1, 2010; and
B) a Subordination Agreement to the Declaration of Restrictions with Bryan
Boysaw & Associates.
SUMMARY: On June 19, 2007, the Board of County
Commissioners approved the Community Development Block Grant (CDBG) Economic
Set-Aside Agreement (R2007-0911) with Bryan Boysaw & Associates in the
amount of $60,000 for the acquisition of real property located at 501Rosemary
Avenue, West Palm Beach, Florida 33401 for the company’s expansion. This Amendment will allow for a twelve (12)
month extension to the existing agreement for the completion of construction
and twelve months for the hiring of four (4) full-time equivalent jobs. The
Subordination Agreement will allow the company to close a $500,000 construction
loan with SunTrust Bank (“Suntrust”) and the loan to be secured by a mortgage
and security agreement encumbering the Property (“Suntrust Mortgage”). The
project was delayed until funds could be secured for construction. These are Federal funds and require no
local matching funds. District 7
(DW)
3. Staff recommends
motion to approve: a Modification
to an Award/Contract (R2007-0833) (Charge Resolution Contract No. 6FPSLP0103)
with the U. S. Equal Employment Opportunity Commission (EEOC) allowing the
Office of Equal Opportunity to receive revenue in the total amount of $83,050
as payment for processing and resolving employment discrimination complaints. SUMMARY:
Execution of this modified contract is required so that OEO can receive payment
for processing and resolving complaints of employment discrimination pursuant
to the Worksharing Agreement with the EEOC.
This Charge Resolution Contract is for FY 2007-2008 and is in the amount
of $83,050 ($80,850 - charge processing; $700 Intake Services, and $1,500 -
attendance at EEOC sponsored annual training). EEOC Charge Resolution contracts
for all fair employment practices agencies nationwide provide payment at a rate
of $550 per charge. OEO=s contract is for a total of 147
charges. Countywide (TKF)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
4. Staff recommends
motion to approve: an Agreement with Regina J. Blair as a Certified
Neighborhood Coordinator, to facilitate a Building Sustainable Neighborhood
Public Workshop, conduct OCR Strategic Program Development Training, and
present the Keynote Speech and assist with the award and certificate ceremony
for the Resident Education to Action Program (REAP) Graduation Ceremony on May
9 &10, 2008, in an amount not-to-exceed $3,000. SUMMARY: The Agreement being submitted for approval
provides for Regina J. Blair, as a Certified Neighborhood Coordinator, to
facilitate a Building Sustainable Neighborhood Public Workshop for the citizens
of Palm Beach County, conduct OCR Strategic Program Development Training for
the Office of Community Revitalization, and present the Keynote Speech and
assist with the award and certificate ceremony for the REAP Graduation
Ceremony, in an amount not-to-exceed $3,000.
Countywide (AH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular December
4, 2007
Regular February
5, 2008
Workshop February
26, 2008
Zoning February
28, 2008
Workshop March
25, 2008
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during February 2008. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Release of Posted and Viewed Road Rights (Rights),
as recorded in Palm Beach County Board of County Commissioners Minutes and
Summaries Book 20, Page 566, in Sections 5 and 8, Township 41 South, Range 41
East. Summary:
This action will approve the release of
Rights, created on September 25, 1939, within an area managed by the Department
of Environmental Resources Management. This area is known as the Pine Glades
Natural Area. District
1 (PK)
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to approve: Supplemental
Agreement No. 5 to Project Agreement
R2004-0621 in the amount of $63,767.28 with Metric Engineering, Inc. for
professional services. Summary: This
Supplemental Agreement will provide the services necessary to revise the Pond
Siting Report and the right-of-way procurement map for Northlake Boulevard from
Seminole Pratt Whitney Road to Coconut Boulevard. Districts 1 & 6 (PK)
3.
Staff
recommends motion to:
A) adopt a Resolution approving a County Incentive Grant Program (CIGP) Agreement with the State of Florida Department of Transportation (FDOT), in the amount of $2,250,000 for the widening and reconstruction of Hypoluxo Road from Jog Road to Military Trail (Project); and
B) approve a Budget Amendment of $2,250,000 in the Road Impact Fee Fund – Zone 4 to recognize a CIGP Agreement with FDOT and appropriate it to the Project.
Summary:
Through this Agreement, Palm Beach County (County) will receive a matching
grant of $2,250,000 from the CIGP for the Project. The County will be responsible for matching
the FDOT funds up to the grant amount and for all costs above this grant. District 3 (MRE)
4. Staff recommends
motion to adopt: a Resolution approving Amendment Number Two to the
Joint Participation Agreement (JPA) with the State of Florida Department of
Transportation (FDOT), approved on June 7, 2005 (R2005-1064), to modify the
required begin construction date to no later than June 15, 2009 for the
intersection improvements at SR-708/Blue Heron Boulevard and Congress Avenue
(Project). Summary: This action approves an Amendment to the JPA
Agreement with FDOT for the Project.
This Amendment extends the required begin construction date to no later than
June 15, 2009. District 7 (PK)
5. Staff recommends
motion to approve:
A) a Budget Transfer of
$16,000 in the Transportation Improvement Fund from Reserve for District 5 to Addison
Reserve Boulevard at Jog Road – District 5; and
B) a Reimbursement
Agreement with Addison Reserve Master Property Owners Association (Association)
for up to $16,000 for removal of brick pavers and asphalt resurfacing.
Summary: This Agreement will reimburse the Association with funds from the Transportation Improvement Fund up to $16,000 for the removal of brick pavers and replacement with asphalt. District 5 (MRE)
6. DELETED
7. DELETED
MAY 6, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff
recommends motion to adopt: a Resolution approving recordation and
filing of a Specific Purpose Survey Maintenance Map with the Clerk of the
Circuit Court of and for Palm Beach County (County), Florida, certifying that
60th Street North, from the “M” Canal east to Seminole Pratt Whitney
Road, was constructed by the County and has been maintained or repaired,
continuously and uninterruptedly, by the County for over four (4) years and
therefore all right, title, easement appurtenances in and to the road is vested
in the County. SUMMARY: This
recordation and filing will establish and confirm title of 60th
Street North, to the County in accordance with Section 95.361, Florida
Statutes, which provides that upon construction by the County and upon four
years of continuous and uninterrupted maintenance or repair of the road by the
County and upon filing of a map with the Clerk, all right, title, easement, appurtenances
in and to the road becomes vested in the County. The Road and Bridge Division Director has certified
on the cover of the 60th Street Specific Purpose Survey Maintenance
Map, that the Map depicts the limits of maintenance by the County. District
6 (PFK)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
contracts with listed provider agencies for the period March 1, 2008, through
February 28, 2009, totaling $4,010,738 for Ryan White Part A HIV Emergency Relief Formula/Supplemental funds:
|
|
Formula |
Supplemental |
|
A) Compass,
Inc |
$
266,512 |
$ 119,136 |
|
B) Comprehensive AIDS Program |
$1,187,878 |
536,925 |
|
C) Comprehensive
Community Care Network, Inc. |
$ 392,173 |
91,850 |
|
D) Florida
Housing Corporation |
$ 41,491
|
12,515
|
|
E) Gratitude
House |
$ 37,500 |
NA |
|
F) Legal Aid Society of Palm Beach County |
$ 139,794 |
55,206 |
|
G) Minority Development & Empowerment, Inc. |
$ 100,000 |
NA |
|
H) Oakwood Center of the Palm Beaches, Inc. |
$ 75,000 |
NA |
|
I) Treasure Coast Health Council- Medical |
$ 460,322 |
194,436 |
|
J) Treasure Coast Health Council-CC Support |
NA |
300,000 |
|
|
$2,700,670 |
$1,310,063 |
|
|
|
|
|
Total $4,010,738 |
||
SUMMARY: A Notice of Grant Award from the Department
of Health and Human Services Health Resources and Services Administration
(HRSA) was received on March 3, 2008, that conveys an award for the contract
period March 1, 2008, through February 28, 2009. Total funds awarded are $7,786,995,
of which $778,699 is allocated for Grantee Administration (which includes $300,000
for Care Council Support subcontracted to Treasure Coast Health Council listed
above); and $389,350 for Quality Management. The remaining $2,908,208 has been
allocated and contracts will be presented for approval on a future agenda. The grantee, Palm Beach County, is
responsible for selecting and contracting with service providers. The HIV
Council is charged with the sole responsibility of determining service
priorities and the allocation of funding the service priorities. The grant
award is for the provision of services related to HIV affected clients, such as
medical case management, medical care, oral health care and substance abuse
treatment. The agencies listed were
selected through the Request For Proposal (RFP) process and have been
recommended to receive funding. (Ryan White) Countywide (TKF)
MAY 6, 2008