ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 2, 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 - 32)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 33)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 34)
6. REGULAR
AGENDA (Pages 35 - 39)
TIME
CERTAIN 10:15 A.M. (“MyMinutes”
Presentation by Clerk & Comptroller) (Page 35)
7. BOARD
APPOINTMENTS (Pages 40 - 42)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 43)
9. STAFF
COMMENTS (Page 44)
10. COMMISSIONER
COMMENTS (Page 45)
11. ADJOURNMENT (Page 45)
* * * * * * * * * * *
DECEMBER 2, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Neighborhood
Partnership Grants
Page 8
3A-2 HUD Letters of Removal of Environmental
Grant Condition for Brownfield Economic Development Initiative
3A-3 Amendment
No. 1 with Business Development Board for business recruitment assistance
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
Page 9
3B-4 Annual
financial reports, excess fees and unexpended budget for FY 2007-2008
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Deleted
3C-2 Budget
Transfer for Lakeridge Boulevard speed humps
Page 10
3C-3 Assessment
rolls for Kidd St., 2nd St., McConnell St., Clinton Blvd. &
Cambridge St. Projects
3C-4 Report
of plat recordation’s (July 1 – September 30, 2008)
3C-5 Resolution
declaring acquisition of 2 parcels relative to Lawrence Road improvements
3C-6 Resolution
declaring acquisition of 1 parcel relative to Haverhill R/Stacy St. traffic
signal
Page 11
3C-7 Contract
with Ranger Construction Industries for Alternate A1A improvements
3C-8 Agreement
with City of West Palm Beach regarding lighting system along Okeechobee Blvd
D. COUNTY ATTORNEY
Page 11
3D-1 Payment
to Leon County for pro-rata share of professional services in litigation case
Page 12
3D-2 Palm Beach County-Congress Avenue Widening
Statement of Offer & Purchase Agreement for Parcel 312 owned by Atlantis
Golf Club, Inc.
3D-3 List law firms to the County’s bond counsel
rotation list
E. COMMUNITY SERVICES
Page 12
3E-1 Amendment
No. 1 with Area Agency on Aging for Older Americans Act Program
3E-2 Contract with Multilingual Psychotherapy
Centers for mental health services for Early Head Start children
Page 13
3E-3 Contract
with DCF for Brief Intervention and Treatment for Elders Program
3E-4 Travel
for 2 Head Start Policy Council Members to attend Annual Parent Training
Conference
F. AIRPORTS
Page 13
3F-1 Commercial/Industrial Demand Reduction Rider
Agreement with FPL for long term parking garage
Page 14
3F-2 Receive
and file seven (7) original agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 14
3G-1 Appointment of Senior Manager and Co-Managers
for the $90M Water & Sewer Revenue Bonds
DECEMBER 2, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Contract
with Musco Sports Lighting for outdoor lighting at Santaluces Athletic Complex
3H-2 Amendment
No. 2 with Stephen L. Boruff for Fire Rescue projects architectural services
3H-3 Change
Order No. 76 with The Weitz Company for South County Courthouse project
3H-4 Utility
Easement Agreement in favor of FPL for Fire Station No. 32
Page 16
3H-5 Resolution
conveying County’s interest in four (4) properties to City of Pahokee
3H-6 Resolution
conveying County’s interest in 13 properties to City of Belle Glade
Page 17
3H-7 Utility
Easement Agreement in favor of FPL for South County Regional Park restroom
facility
3H-8 Notice of exercise of second and final option
to lease with San Castle Community Leadership Organization for operation of a
community center
3H-9 Termination of Lease with South Florida
Science Museum adjacent to Lake Lytal Park for new science museum
I. HOUSING & COMMUNITY DEVELOPMENT
Page 18
3I-1 Amendment
No. 4 with City of Belle Glade regarding drainage improvements to several roads
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 18
3K-1 Change
Order No. 7 with Widell, Inc. for Northern Region Utility Site
3K-2 Receive
and file one (1) Agreement for Emergency Generator Purchase with Venetian Isles
Page 19
3K-3 Supplemental No. 3 to CSA with Mock-Roos
regarding City of Lake Worth Water Treatment Plant
3K-4 Contract
with TLC Diversified, Inc. for wastewater lift station rehabilitation project
3K-5 Receive
and file standard development agreements and renewal agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 20
3L-1 Resolution authorizing disbursement of funds
for construction of Boynton/Ocean Ridge Mangrove Riprap project
3L-2 50-Year Lease Agreement with SFWMD for
256.94 acres to be managed as part of the Loxahatchee Slough Natural Area
Page 21
3L-3 Revised
Management Plan for Jupiter Ridge Natural Area
3L-4 Amended and Restated Management and
Maintenance Agreement with Bridgewater Ventures for wildlife/greenway corridor
Page 22
3L-5 Receive
and file law enforcement agreements for presence in estuarine waters
3L-6 Project
Agreement with FIND for construction of Snook Islands public use facility
project
Page 23
3L-7 Interlocal
Agreement with City of Riviera Beach regarding Singer Island erosion control
project
3L-8 Task Order No. 0878-02 with Humiston and
Moore Engineers regarding erosion control project for Singer Island
Page 24
3L-9 Amendment
No. 1 with FDEP for Singer Island shore protection project
3L-10 Contract with Murray Logan Construction for pedestrian bridge over
C-18 Canal
DECEMBER 2, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 24
3M-1 Receive
and file School Board RAP for Rosenwald Elementary safety patrol trip
Page 25
3M-2 Receive
and file School Board RAP for Boynton Beach High chorus trip
3M-3 First
Amendment with City of Boynton Breach for 2008 Boynton Beach Heritage
Celebration
3M-4 Deleted
3M-5 Agreement
with Cops Helping Kids for 2008 Silver Gloves boxing tournament
3M-6 Agreement with Police Athletic League of West
Palm Beach for 2008 Gramercy Park summer camp program
3M-7 Agreement
with Artists Showcase of the Palm Beaches for multi-cultural art programs
Page 26
3M-8 Agreement with Lake Okeechobee Regional
Economic Alliance for recreational and cultural amenities map
3M-9 Florida Fish and Wildlife Conservation
Commission Florida Boating Improvement Program grant for DuBois Park docks and
shoreline stabilization project
3M-10 Agreement with MLK, Jr. Coordinating Committee
for performing arts competition and scholarship breakfast
Page 27
3M-11 Receive and file School Board RAP for Golden
Grove Elementary fitness trail equipment
3M-12 Florida Recreation Development Assistance
Program Project Agreement for John Prince Memorial Park
Page 28
3M-13 Florida Recreation Development Assistance
Program Project Agreement for Lake Ida Park
3M-14 Ratify Florida Coastal Partnership Initiative grant application to
FDEP regarding Zeke’s Marina
Page 29
3M-15 Receive and file three (3) independent contractors agreements
3M-16 Budget Transfer to Bert Winters boat ramp improvements
3M-17 Budget Transfer to Sansbury Way Park
3M-18 Interlocal Agreement with School District for the mutual use of
recreational facilities
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 30
3S-1 Appoint
Michael C. McCurdy and John Sluth to Lantana Firefighters Pension Fund Board
3S-2 Receive
and file one (1) standard agreement for swimming lesions with YMCA
3S-3 Interlocal
Agreement for Interfacility Ambulance Funding with Glades Hospital Holdings,
Inc.
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 31
3X-1 Receive
and file grant documents with Florida Council Against Sexual Violence
3X-2 Receive
and file Victim of Crime Act Grant Agreement with Office of Attorney General
3X-3 Receive and file SARA Planning Grant
Agreement with Florida Division of Emergency Management
DECEMBER 2, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 32
3AA-1 Joint Participation Agreement with FDOT to fund construction of park
and ride lots
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 33
4A Presentation of check from Florida Inland
Navigation District for Burt Reynolds Park
4B Presentation
of check from Florida Inland Navigation District for South Lake Worth Inlet
Sand Trap Dredging Project
4C Governor’s Point of Light Award to
Matilda Nieves
4D Arbor Day
4E Joey Bergsma Retinoblastoma Month
4F Certificate of Appreciation to Frank
Barbieri
4G Animal Rights Day
PUBLIC HEARINGS - 9:30 A.M.
Page 34
5A Five-Year
Road Program Ordinance
5B Ordinance
adopting Interlocal Service Boundary Agreement with Village of Palm Springs
REGULAR AGENDA
ADMINISTRATION
Page 35
6A-1 Amendment
No. 3 to Palm Beach County Section 108 Loan Program criteria
CLERK
& COMPTROLLER
Page 35
6B-1 “MyMinutes” presentation – TIME CERTAIN 10:15 A.M.
COUNTY ATTORNEY
Page 36
6C-1 Pine
Crest Preparatory School Bond Application
ENGINEERING
& PUBLIC WORKS
Page 36
6D-1 Municipal
Service Taxing Unit Special Assessment Ordinance
6D-2 Reimbursement Agreement with Village of
Wellington for traffic signal at Forest Hill Blvd/Quercus Lane
FIRE
RESCUE
Page 37
6E-1 Collective Bargaining Agreement with
Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF,
Inc.
6E-2 Ordinance
amending boundaries of Fire Rescue MSTU to include Village of Palm Springs
6E-3 Ordinance
amending boundaries of Fire Rescue MSTU to include City of Lake Worth
PLANNING,
ZONING & BUILDING
Page 38
6F-1 Resolution
changing street name of Orange Road to Old Orange Road
DECEMBER 2, 2008
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
PUBLIC
SAFETY
Page 38
6G-1 Adult
Entertainment Ordinance
WATER
UTILITIES
Page 38
6H-1 Addition
of six (6) Meter Reader positions
SHERIFF
Page 39
6I-1 Nightclub
Security Ordinance
BOARD
APPOINTMENTS (Pages 40 - 42)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 43)
STAFF
COMMENTS (Page 44)
COMMISSIONER
COMMENTS (Page 45)
ADJOURNMENT (Page 45)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Neighborhood Partnership Grant (NPG) funding agreements
for Fiscal Year 2008-2009:
A) an Agreement with
Pleasant Ridge Property Owners Association, Inc. in an amount not to exceed
$10,000 to install landscaping on Osceola right-of-way, concrete post markers
and a dedication plaque;
B) an Agreement with
Lantana Homes Homeowners Association, Inc. in an amount not to exceed $3,700 to
install lighting and landscaping for entrance signs;
C) an Agreement with
Homes At Lawrence Homeowners Association, Inc. in an amount not to exceed $14,100
to excavate and install American’s with Disabilities Act engineered wood mulch
and rainbow turf under playground;
D) an Agreement with
Sharon McConnell an individual representing W.E.C.A.R.E. Community of Watergate
Estates in an amount not to exceed $3,800 to beautify and maintain common
areas around Watergate Estates;
E) an Agreement with
City of Pahokee in c/o Helping Hands Improving Pahokee in an amount not to
exceed $8,200 to make façade improvements to main street businesses and
installation of a playground;
F) an Agreement
with Frank Cote an individual representing Glades Airboat and Buggy in an
amount not to exceed $20,000 to purchase and install an entryway into Boy
Scout Island with signage, landscaping and picnic facilities;
G) an Agreement with
Palm Beach County Sheriff’s Office Explorer Post 611 in an amount not to exceed $10,000
to purchase and install an entrance sign in Mace Park with landscaping and
picnic facilities;
H) an Agreement with
City of Pahokee in an amount not to exceed $11,200 to purchase and install a
chess park and skate park along Rardin Avenue;
I) an Agreement with
Kim Erickson an individual representing Canal Point Community Development, Inc.
in an amount not to exceed $15,000 to install three (3) “Welcome to
Canal Point” signs with lighting and landscaping;
J) an Agreement with
Melanie Grimes an individual representing Lions Club of Belle Glade in an
amount not to exceed $9,000 to purchase and install an entrance sign in
Lyons Park with landscaping and picnic facilities;
K) an Agreement with
Demetrius Jacques an individual representing Gramercy Park Coalition in an
amount not to exceed $10,000 to purchase and install signage with
landscaping and a canopy in Gramercy Park; and
L) an Agreement with
Paint Your Heart Out, Inc. in an amount not to exceed $10,000 to purchase
supplies to make repairs to homes.
SUMMARY: Projects were
reviewed by the Neighborhood Partnership Grant Program Review Committee (NPGRC)
on September 24, 2008, and are now being recommended for funding. Funding was
established in FY 2007-2008 budget for the purpose of funding neighborhood
projects. Countywide (AH)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to receive and file:
the U.S. Department of Housing and Urban Development (HUD) Letters of
Removal of Environmental Grant Condition and the executed Authority to Use
Grant Funds forms for the Brownfield Economic Development Initiative (BEDI)
grant funds in the amount of $1.2 million and the Section 108 Loan funds in the
amount of $2.6 million. SUMMARY: On December 18, 2007, the Palm Beach County
Board of County Commissioners (BCC) adopted a Resolution (R2007-2307) authorizing
the submittal of a BEDI grant application for $1.2 million and a Section 108
Loan Program application for $2.6 million to fund the Avenue A Project in Belle
Glade. HUD submitted notifications of application approvals for the BEDI grant
in June 2008 and the 108 Loan in September 2008. The implementation of the
Avenue A Project will start with the execution of both applications/contracts. Countywide (DW)
3. Staff
recommends motion to approve: Amendment No. 1 to the Business Development
Board of Palm Beach County Inc. (BDB) Five-Year Agreement (R2006-1998) to
reduce the grant amount by 5.4% or $55,250 annually. The total Agreement will
be reduced from $1,032,100 to $976,850 annually beginning FY 2009. The
Agreement period is from October 1, 2006, through September 30, 2011, and it is
in its third year of the term. SUMMARY:
The Board of County Commissioners entered into an Agreement with the BDB to
provide business recruitment assistance, business retention activities and
business expansion services in Palm Beach County. Palm Beach County and the BDB
entered into a public-private partnership to promote the County, attract new
businesses and assist in creating new industries in the County. This reduction
is required to bring the annual fee in the Agreement in line with the approved
FY 08-09 budget. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Budget June 18, 2008
Environmental Control July 22, 2008
Regular July 22, 2008
Comprehensive Plan July 23, 2008
Zoning August 28, 2008
Budget September 8, 2008
Workshop September 16, 2008
Budget September 22, 2008
Workshop October 28, 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
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
4. Staff recommends
motion to receive and file: Annual financial reports, excess fees and
unexpended budget for FY 2007-2008,
for the Clerk & Comptroller, Tax Collector, and Property Appraiser. SUMMARY:
The financial reports of these Constitutional Officers were submitted to
the Office of the Clerk & Comptroller on or before October 31, 2008, in
accordance with F.S. 218.36. The amounts
shown for the Tax Collector and the Property Appraiser represent the total
payment to the County. A portion of
these revenues are budgeted in the Library, Fire Rescue, and various other
special revenue funds.
|
|
Budget
Estimate |
Actual Excess Fees |
Additional Excess Fees |
|
CLERK & COMPTROLLER |
$ 500,000.00 |
$ 503,678.53
|
$ 3,678.53 |
|
TAX COLLECTOR |
$ 31,704,537.00 |
$ 38,531,435.63 |
$6,826,898.63 |
|
PROPERTY APPR. |
$ 1,175,459.00 |
$ 2,145,738.64 |
$ 970,279.64 |
|
|
$ 33,379,996.00 |
$ 41,180,852.80 |
$7,800,856.80 |
The amounts shown as additional excess fees will be included in the
adjustment for additional balances brought forward which will be brought to the
Board of County Commissioners in March 2009.
Countywide (PK)
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2. Staff recommends
motion to approve: a Budget Transfer of $5,000 in the Transportation
Improvement Fund from Reserve for District 5 to Lakeridge Boulevard Speed Humps
– District 5. SUMMARY: Approval of this Budget Transfer will allow
the District 5 Transportation Improvement Fund to pay for the requested speed
humps on Lakeridge Boulevard to improve safety and reduce speeding. District
5 (MRE)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to:
A) finalize the assessment roll for the Kidd Street, 2nd Street & McConnell Street Paving Improvement Project (Project 1);
B) finalize the assessment roll for the Clinton Boulevard & Cambridge Street Paving Improvement Project (Project 2);
C) authorize the Tax Collector’s Office to process and collect the assessment payments for Project 1;
D) authorize the Tax Collector’s Office to process and collect the assessment payments for Project 2; and
E) transfer of the following roadways from Palm Beach County (County) interim courtesy maintained to County-owned and maintained: Kidd Street from Bowman Street to 2nd Street (Kidd Street); 2nd Street from Haverhill Road to Kidd Street (2nd Street); McConnell Street from Haverhill Road 610 feet east to Odmann Avenue (McConnell Street); Clinton Boulevard from Military Trail east to end (Clinton Boulevard); and Cambridge Street from Military Trail east to end (Cambridge Street).
SUMMARY: Finalization of the assessment roll for Projects 1 and 2,
Section 24, Township 44 South, Range 42 East is needed so the assessment
payments can be processed and collected by the Tax Collector’s Office. Kidd
Street, 2nd Street, McConnell Street, Clinton Boulevard, and
Cambridge Street, are being transferred from County interim courtesy maintained
roadways to County-owned and maintained roadways. District 3/MSTU District C (MRE)
4. Staff recommends motion to receive and file: a report of plat recordations from July 1, through September 30, 2008. 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-O-11, governing administrative approval of plats by the County Engineer. Countywide (MRE)
5. Staff recommends motion to adopt: a Resolution declaring the acquisition of property known as Parcel 102 and Parcel 103, as partial takes in fee simple for right-of-way, for the construction and improvement of Lawrence Road from south of the C. Stanley Weaver Canal to north of the C. Stanley Weaver Canal, Project Number 2006502. SUMMARY: Approval of this action will adopt a Resolution to authorize the filing of eminent domain proceedings against two (2) parcels whose total appraised value is $39,100. District 3 (PM)
6. Staff recommends
motion to adopt: a
Resolution declaring the acquisition of property known as Parcel 100, as a
partial take in fee simple for right-of-way, for a traffic signal on Haverhill
Road at Stacy Street, Project Number 2009905.
SUMMARY: Approval of this action will adopt a Resolution to
authorize the filing of eminent domain proceedings against one (1) parcel whose
estimated value is $7,300. District 2 (PM)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends motion to approve:
A) a Contract with Ranger Construction Industries, Inc., the lowest responsive, responsible bidder in the amount of $10,397,659.45 for the construction of Alternate A1A from an existing four (4) lane roadway to a six (6) lane roadway, from south of Frederick Small Road to Center Street (Project);
B) a Budget Amendment of $59,461 in the Road Impact Fee Fund – Zone 1 to recognize reimbursement funding of $24,720 from Loxahatchee River District, $11,747 from Town of Jupiter, $17,761 from AT&T and $5,233 from FPL Fibernet and appropriate it to Alternate A1A from south of Frederick Small Road to Center Street; and
C) a Budget Amendment of $4,482,304 in the Road Impact Fee Fund – Zone 1 to recognize a reimbursement grant from the Florida Department of Transportation and appropriate it to Alternate A1A from south of Frederick Small Road to Center Street.
SUMMARY: Approval of this Contract will allow Palm Beach County to issue a Notice to Proceed to begin construction of the Project. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Ranger Construction Industries, Inc. is 15.03%. The time limit for the completion of all work under this contract shall be no more than 540 calendar days. District 1 (MRE)
8. Staff recommends
motion to approve:
A) an Agreement with the City of West Palm Beach
(City) for the design of a lighting system along Okeechobee Boulevard, between
State Road 7 and the Florida Turnpike; and
B) a Budget Amendment of $21,784 in the
Transportation Improvement Fund to recognize a reimbursement from the City for
50% of the street lighting design cost for Okeechobee Boulevard at Royal Palm
Beach High School to east of the Turnpike.
SUMMARY: Palm Beach County (County) is constructing the widening improvement of Okeechobee Boulevard, between State Road 7 and the Florida Turnpike. As part of this improvement, the County has also designed a lighting system. It has been agreed between the City and the County to share the responsibility of this system. The specific responsibilities are detailed in the Agreement, which includes a $21,784 reimbursement of design costs from the City to the County. Districts 2 & 6 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Payment in the amount of $688.96 to the Leon County Board of County Commissioners for Palm Beach County’s pro-rata share of the Nabors Giblin & Nickerson invoice for professional services rendered through September 30, 2008, in the Criminal Conflict and Civil Regional Counsel litigation styled Leon County, et al. v. Jeffrey Lewis, et al., Second Judicial Circuit Civil Case No. 2008-CA-2475. SUMMARY: Leon County retained Nabors Giblin & Nickerson to challenge the state law that requires the counties to fund the Office of Criminal Conflict and Civil Regional Counsel. In response to the request for other counties to participate in the litigation, the County Attorney recommended that Palm Beach County join and expend up to $6,000. Receiving no objection, Palm Beach County was named along with 25 other counties as a plaintiff in the subject action. This item requests approval of the Nabors Giblin & Nickerson invoice, which is the first invoice for professional services rendered. Subsequent invoices will be submitted for approval as they are received. Countywide (DMN)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: Palm Beach
County-Congress Avenue Widening Statement of Offer & Purchase Agreement
(the “Agreement”) and First Addendum (the “Addendum”) to that Agreement for Parcel
312. SUMMARY: Execution of the Agreement and the Addendum,
and payment of $57,900 will acquire a temporary construction easement (Parcel
312) for the proposed widening of Congress Avenue east of the Town of
Atlantis. Parcel 312 is owned by Atlantis
Golf Club, Inc., a Florida non-profit corporation. The Florida Department of Transportation
(FDOT) is funding this widening of Congress Avenue, and FDOT requires the
County to use the Agreement for property acquisition. District 3 (PFK)
3. Staff recommends motion to appoint: the listed law firms to the County’s bond counsel rotation list from
January 1, 2009, through December 31, 2010. SUMMARY:
Appointments to the County’s current bond counsel rotation list expire
December 31, 2008. New appointments are
recommended from January 1, 2009, through December 31, 2010. The following
seven (7) bond counsel firms (or teams of firms) are recommended for
appointment:
District
1 – Nabors, Giblin & Nickerson, P.A.
District
2 – Hogan & Hartson, LLP
District
3 - Ruden McClosky Smith Schuster & Russell, P.A.
District
4 – Holland & Knight, LLP
District
5 - Greenberg Traurig, P.A.
District
6 - Edwards Angell Palmer & Dodge,
LLP
District
7 - Bryant Miller Olive, P.A./Isaacs Williams & Associates, P.A.
A form Agreement for Bond Counsel and Related Services has been approved by the Board. Amendments to the existing Agreements with the appointed law firms will be brought to the Board for approval in January. Countywide (PFK)
E. COMMUNITY SERVICES
1. Staff recommends motion to approve: Amendment No. 001 to Standard Agreement No.
IA008-9500 (R2008-0337) for the Older Americans Act (OAA) Program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. for the period January 1,
2008, through December 31, 2008, increasing the agreement amount by $9,136 for
a new total not to exceed the amount of $1,933,750 for various supportive
services to seniors. Summary: This Amendment will increase C2 Home
Delivered Meals by $9,136. There is a
County match of $1,015 (10%) which is currently in the budget. 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, and 7 south of Hypoluxo Road (TKF)
2. Staff recommends motion to approve: Consulting/Professional Services Contract
with Multilingual Psychotherapy Centers, Inc., for the period October 1, 2008,
through September 30, 2009, in an amount of $16,000, for mental health services
for Early Head Start children. Summary: Multilingual
Psychotherapy Centers, Inc. will provide mental health services to Head Start
children and their families. Funding consists of $12,800 (80%) in
Federal funds and $3,200 (20%) in County funds. The County’s portion is
included in the FY 2009 budget. (Head Start) Countywide (TKF)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends motion to approve:
A) Standard Contract for the Brief
Intervention and Treatment for Elders (BRITE) Program with the Florida
Department of Children and Families (DCF) for the period December 1, 2008,
through November 30, 2009, for a total not to exceed the amount of $150,000;
and
B) Budget Amendment of $150,000 in DOSS – Administration
Fund.
Summary: The
BRITE Program is an elder substance abuse and brief intervention and treatment
program that targets seniors age 55 and older. BRITE focuses on providing
services within primary and emergency health care settings, public health
clinics, elder homes and at sites coordinated by aging services. Clients may be offered screening, brief
intervention and brief treatment by DOSS or they may be offered more intensive
care by a substance abuse specialist provider agency. (DOSS)
Countywide (TKF)
4. Staff
recommends motion to approve: Travel for two (2) Head Start /Early Head Start Policy
Council Members to attend the National Head Start Association, 25th
Annual Parent Training Conference in Atlanta, Georgia, December 13, 2008,
through December 18, 2008, for an estimated cost of $2,695. Summary:
Travel approval is requested for Head
Start/Early Head Start Policy Council members Tawania Nubin and Karen Simpson to
attend the National Head Start Association, 25th Annual Parent
Training Conference in Atlanta, Georgia. The grantor agency requires that Head
Start parents and community representatives receive training in order to take
an active role in the program. Alternates
Cynthia Smith and/or Patricia Jacques, will be selected in the event any of the
above named members cannot attend this conference. The estimated cost of $2,695 provides
for conference registration, lodging, ground transportation, airfare and meals
for two (2) participants. Funding
consists of $2,155 (80%) in Federal funds and $539 (20%) in County funds. (Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve: a
Commercial/Industrial Demand Reduction Rider Agreement (CDR) with Florida Power
& Light Company (FPL) for the long term parking garage at PBIA. SUMMARY: FPL has a program
to provide reduced electric rates for facilities with a usage of 200 kW or
greater. During periods of high electric demand, FPL will curtail service
and the facility’s emergency generator will be activated to continue operation
of the facility. The reduction in demand makes more power available to
other FPL customers. FPL has estimated that the savings in electric
charges under the CDR will be approximately $7,850 per year. Countywide (MJ)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: seven
(7) original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Airways
Aviation, Inc., Unit 18, Building 11720 at North County Airport, terminating
R2006-0970 on September 30, 2008 (JB);
B) Agreement to Terminate Hangar Lease Agreement with Gary
Czajkowski, Unit 20, Building 11740 at North County Airport, terminating
R2003-1448 on October 10, 2008 (JB);
C) North County General Aviation Airport Hangar Lease
Agreement with Cloud 9 Helicopters, LLC, Unit 20, Building 11740, for one (1)
year, automatically renewed at one (1) year intervals, commencing on October
10, 2008 (JB);
D) North County General
Aviation Airport Hangar Lease Agreement with Thomas W. Costanzo, Unit 18,
Building 11720, for one (1) year, automatically renewed at one (1) year
intervals, commencing on October 1, 2008 (JB);
E) License Agreement
with CSC Applied Technologies, LLC to use Airport Property exclusively for
twenty-four (24) hour vehicle parking, commencing October 1, 2008, expiring December
31, 2008, automatically renewed for one (1) month intervals thereafter (JCM);
F) License Agreement
with CSC Applied Technologies, L.L.C. to use Airport Property exclusively for
twenty-four (24) hour vehicle parking, commencing October 27, 2008, expiring December
31, 2008, automatically renewed for one (1) month intervals thereafter (JB);
and
G) Agreement Covering the Operation of Aircraft at Palm
Beach International Airport with Republic Airline, Inc., commencing April 7,
2008, expiring September 30, 2008, and automatically extended on a year-to-year
basis (October 1st through September 30th) (JB).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R83-801,
R2003-1047, R2004-1367 and R2007-2070. Countywide
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to appoint:
Wachovia Securities as Senior Manager and Citigroup, Jackson Securities, Janney
Montgomery, and Merrill Lynch as Co-Managers for the not to exceed $90 Million
Water & Sewer Revenue Bonds, Series 2009 (FP&L Reclaimed Water
Project). SUMMARY: On November 18, 2008, the Board conducted a TEFRA
public hearing and approved the issuance by the County of its not to exceed $90
Million Water and Sewer Revenue Bonds (FP&L Reclaimed Water Project). The Series
2009 Bonds are considered private activity bonds under the Internal Revenue
Code and the County must obtain an allocation from the State to issue the
bonds. As part of the application
process, the Board must have bond counsel and underwriters in place prior to
the due day of the application which is January 1, 2009. Bond counsel was selected on October 21,
2008. The above firms are next on the senior manager underwriter rotation list. Countywide (PFK)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends motion to approve: a Contract with Musco Sports Lighting LLC., in the amount of $365,000 to furnish and install new outdoor lighting for two (2) ball fields and batting cages at the Santaluces Athletic Complex in Lantana. SUMMARY: The work consists of furnishing and installing energy efficient replacement light fixtures on 18 existing concrete poles to include all new electrical wiring and electrical disconnect switches. This procurement is Apiggybacking@ on the existing annual Contract between the City of Jacksonville (SC-0511-06) and Musco Sports Lighting. The existing City of Jacksonville Contract only has an SBE participation Encouragement requirement. There is 0% SBE participation in this Contract. A Performance Bond is included in the Contract. This work will comply with all applicable local, state, and federal codes and regulations. (FD&O Admin) District 3 (JM)
2. Staff recommends
motion to approve: Amendment
No. 2 to the Contract with Stephen L. Boruff, AIA, Architects & Planners,
Inc. (R2006-0073) for architectural services for Fire Rescue projects on a
continuing contract basis. SUMMARY: Stephen L. Boruff, AIA, Architects &
Planners, Inc. is under contract to provide professional architectural services
for Fire Rescue projects generally with a construction value up to
$3,500,000. The Contract provided for an
initial two (2) year term with three (3) - one (1) year renewal options.
Amendment No. 2 would provide for services during the second renewal
period. Stephen L. Boruff, AIA,
Architects & Planners, Inc. has an SBE participation goal of 15%. During the first three (3) years of the
Contract, Stephen L. Boruff, AIA, Architects & Planners, Inc. has achieved
88.5% participation. (Capital Improvements Division) Countywide
(JM)
3. Staff recommends
motion to approve: Change Order
No. 76 to the Contract with The Weitz Company (R2002-1868) in the amount of
$339,317.63 and a time extension of 53 days for the South County Courthouse.
SUMMARY: Change Order No. 76 provides for the demolition of the existing
atrium skylight and replacing the open area with roofing assembly. Previous hurricane activity has damaged the
existing 1,600 square foot skylight atrium assembly beyond repair. Because of the age of the existing skylight
and current building code requirements for wind load strengths, alternatives of
replacement or removal were researched and priced. The most economical of these
options is adding a new roofing assembly on the existing skylight curb. A FEMA obligation
of $80,000 is partially funding the costs.
The original costs submitted to FEMA in April, 2006, were based on a
preliminary estimate for glass replacement only. A new request will be
submitted to FEMA for the reimbursement of the actual costs. The M/WBE goal is
15% overall with 5% Black participation. This Change Order includes 0% overall
and 0% black participation. When combined with previous work done under this Contract,
the M/WBE percentages are 17.5% overall and 1.0% Black. (Capital Improvement
Division) District 7/Countywide (JM)
4. Staff recommends
motion to approve: a Utility Easement Agreement in favor of Florida
Power & Light Company (FPL) for electrical service to the County's new Fire
Station No. 32 located in unincorporated Lake Worth. SUMMARY:
The County will be constructing a new Fire Station on the corner of
Lake Worth Road and Charleston Road, east of the Turnpike, in unincorporated
Lake Worth. The existing fire station
will be demolished upon the completion of this new Fire Station. FPL requires a utility easement for the
installation of underground power lines and a pad mounted transformer to
provide primary power to the new Fire Station.
The easement area is approximately 10' wide by 300' long, and contains
3,000 sq. ft. This is a perpetual
non-exclusive easement and is being granted to FPL at no charge, as it will
provide electrical services to County facilities. (PREM) District 2 (HJF)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest
in four (4) properties, totaling 0.49 acres of surplus property, to the City of
Pahokee without charge and with reservation of mineral and petroleum rights,
but without rights of entry and exploration; and
B) approve four (4) County Deeds in favor of the City of
Pahokee.
SUMMARY: The
City of Pahokee has requested the conveyance of four (4) parcels of
County-owned surplus property acquired by tax deeds in 2005. The parcels total
0.49 acres, are located within the City’s municipal boundaries and have a total
assessed value of $38,804. Florida Statutes Section 197.592(3) requires the
conveyance of surplus property acquired by tax deed to the municipality in
which it is located. The subject
properties have been declared surplus as they serve no present or future County
purpose. One (1) property, identified as
Parcel 1 on the Disposition Summary and located at 242 Adams Place, is improved
with a vacant house that has been secured. The City proposes to utilize the
properties for housing, landscaping or community-related programs, and is aware
of the secured house. Staff believes these properties will be more
appropriately developed, managed and maintained by the City. Housing &
Community Development has reviewed this conveyance and has no objections. This conveyance will relieve the County of
potential liability for occurrences on this property and also the cost of
continued maintenance. The County will retain mineral and petroleum rights in
accordance with Florida Statues Section 270.11, without rights of entry and
exploration. As the City is a municipal corporation, a Disclosure of Beneficial
Interests form is not required. (PREM) District 6 (JMB)
6. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in 13 properties, totaling 1.89 acres of surplus
property, to the City of Belle Glade without charge and with reservation of
mineral and petroleum rights, but without rights of entry and exploration; and
B) approve 13 County Deeds in favor of the City of Belle
Glade.
SUMMARY: The
City of Belle Glade has requested the conveyance of 13 parcels of County-owned
surplus property acquired by tax deeds between April 2002 and March 2007. The
parcels total 1.89 acres, are located within the City’s municipal boundaries
and have a total assessed value of $135,957. Florida Statutes Section
197.592(3) requires the conveyance of surplus property acquired by tax deed to
the municipality in which it is located. The subject properties have been
declared surplus as they serve no present or future County purpose. One property,
identified as parcel 5 on the Disposition Summary and located at 525 SW Avenue
C Place, is improved with an occupied mobile home. The City proposes to utilize
the properties for housing, landscaping or community-related programs, and is
aware of the mobile home improvement. Staff believes these properties will be
more appropriately developed, managed and maintained by the City. Housing & Community Development has
reviewed this conveyance and has no objections. This conveyance will relieve
the County of potential liability for occurrences on this property and also the
cost of continued maintenance. The County will retain mineral and petroleum
rights in accordance with Florida Statues Section 270.11, without rights of
entry and exploration. As the City is a municipal corporation, a Disclosure of
Beneficial Interests form is not required.
(PREM) District 6 (JMB)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: a Utility
Easement Agreement in favor of Florida Power & Light Company (FPL) for
electrical service to a new restroom facility at the South County Regional
Park-Parcel A. SUMMARY: The County is currently developing the South
County Regional Park-Parcel A in unincorporated Boca Raton. FPL requires a utility easement for the
installation of underground power lines and a pad mounted transformer to
provide power to a new restroom that is under construction and located near the
existing amphitheater. The easement area is 10' wide and covers an area of
1,350 sq. ft. This is a perpetual
non-exclusive easement and is being granted to FPL at no charge, as it will
provide electrical services to County facilities. (PREM) District 5 (JMB)
8. Staff recommends
motion to receive and file: a
notice of exercise of the second and final option to extend the term of the
Agreement of Lease (R2003-1804) dated November 4, 2003, with the San Castle
Community Leadership Organization, Inc. for the continued use of a 700 +/- sq.
ft. home at 1057 Highview Road located within unincorporated Boynton Beach at
an annual rate of $10/yr. SUMMARY: The San Castle Community Leadership
Organization, Inc. currently leases a 700 +/- sq. ft. single-family home
located at 1057 Highview Road within the San Castle neighborhood in Boynton
Beach, for the operation of a community center. On November 4, 2003, the Board
approved the Agreement of Lease for an initial term of three (3) years ending
on January 8, 2007, with two (2) extension options, each for a period of two (2)
years. The first extension expires on January 8, 2009. This second and final
option will extend the term of the Agreement for two (2) years, from January 9,
2009 through January 8, 2011. The annual rent for this extension period is $10.
The County pays for water and electric services while the Tenant is responsible
for all taxes and assessments. Pursuant
to the terms of the Lease, San Castle Community Leadership Organization, Inc.
has the right to exercise its option 90 days prior to the expiration of the
original term and the Board has no discretionary authority to not allow the
exercise of the option. All other terms and conditions of the Agreement remain
in full force and effect. (PREM) District 7 (JMB)
9. Staff recommends
motion to approve: the Termination of Lease (R2002-1978) with South
Florida Science Museum, Inc. located adjacent to Lake Lytal Park. SUMMARY: On November 12, 2002, the Board
approved a Land Lease Agreement (Lease) with South Florida Science Museum, Inc.
for the lease of approximately eleven (11) acres of undeveloped property on the
west side of Lake Lytal Park for the construction of a new science museum. The term of the Lease is through November 11,
2046. The Lease was amended five (5) times.
All of the Amendments, except for the Second which extended the term, were
amendments to fundraising milestones and construction commencement dates. The
Science Museum paid a $10 annual rental rate. On May 29, 2008, the Science
Museum notified the County of its desire to relinquish the Lease to the
County. This Termination of Lease will
terminate the Lease effective immediately. The proposed funding allocations for the
Science Museum from the 2002 Recreational and Cultural Facilities Bond Issue
will be addressed in a separate Parks and Recreation Department agenda item in
the future. (PREM) District 2 (HJF)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: Amendment No. 004 to an Agreement (R2006-0988) with the City of Belle Glade, to extend the expiration date from July 31, 2008, to November 30, 2008. SUMMARY: The Agreement provides the City of Belle Glade $948,900, in 2004 Disaster Recovery Initiative Program funds for drainage improvements to Southwest 5th, 8th, 10th and 12th Streets, and to Southwest Avenues I and J, in the City of Belle Glade. The work includes reconstruction of catch basins and sidewalks, and installation of storm drainage pipes. Improvements on Southwest 5th and 10th Streets were added to the project requiring additional engineering design. Delays in the engineering design have necessitated this Amendment to provide an extension of four (4) months to the term of the Agreement. These are Federal Community Development Block Grant funds that require no local matching funds. District 6 (TKF)
K. WATER
UTILITIES
1. Staff recommends
motion to approve:
A) Change Order No. 7 to the Contract with Widell, Inc.
(R2005-1893) for the Northern Region Utility Site (BRP) decreasing the contract
price by $2,159.18 and increasing time by 259 days; and
B) Final Payment to Widell, Inc. in the amount of
$362,212.55.
SUMMARY: On September 27, 2005, the Board approved a contract with Widell, Inc.
in the amount of $8,895,000 for construction of the Northern Region Utility
Site (R2005-1893). Change Order No. 7 authorizes
the contractor to perform additional work consisting of items 1 through 12
outlined in the description of work for the Mecca site and establishes the
final payment for the completion of the BRP pump station. 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
Widell, Inc. provides for SBE participation of 15.93% overall. (WUD
Project No. 05-018) District 6
(JM)
2. Staff recommends
motion to receive and file: one (1) Agreement for Emergency Generator
Purchase, Operation and Maintenance with Venetian Isles Community HOA. 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 fund the purchase of
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. District
3 (MJ)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends
motion to approve: Supplement
No. 3 to Consultant Services Authorization No. 2 to the Contract for
Consulting/Professional Services with Mock- Roos (R2008-0528), for providing
water resource facilities final design and bid phase services for the ground
storage, and transfer pumping at the City of Lake Worth (City) Water Treatment
Plant in the amount of $179,900. SUMMARY:
Supplement
No. 3 to Consultant Service Authorization No. 2 is for providing design and bid phase services for the ground
storage, and transfer pumps. The Agreement approved on May 6, 2008
(R2008-0770) provides for the City of Lake Worth (City) to purchase up to six
(6) million gallons per day (GPD) of potable water from the County. The City will
initially purchase two (2) MGD of capacity at the rate of $2.99 per gallon
($5,980,000) and will pay $1.37 per 1,000 gallons for water delivered during
off-peak hours. In order for the City to
be able to accept potable water from the County during off-peak hours a ground
storage tank and transfer pumping facility needs to be designed and constructed.
The contract with Mock-Roos
includes a Small Business Enterprise (SBE) participation goal of 50% overall,
which exceeds the 15% goal established by the Palm Beach County SBE Ordinance
(No. 2002-064). Supplement No. 3 to Consultant Services Authorization No. 2
includes 20.01% overall participation. The
City shall reimburse all project costs to the County. The consultant’s
cumulative SBE participation, including this authorization, is 19.55% overall. (WUD
08-047(B)) District 3 (MJ)
4. Staff recommends
motion to approve: a Contract with TLC Diversified, Inc. to construct the
Wastewater Lift Station Rehabilitation Project in the amount of $1,318,429. SUMMARY: On September 17, 2008, eight (8) construction bids were received for the Wastewater
Lift Station Rehabilitation Project with TLC Diversified, Inc. being the low
bidder in the amount of $1,318,429. This
Contract provides for the rehabilitation of six (6) lift stations within the
Department’s wastewater collection system. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15.00%
overall. This Contract provides for 16.49% SBE participation. (WUD Project No.
08-010) Districts 2 & 5 (JM)
5. Staff recommends
motion to receive and file: two (2) Standard Development Agreements and
five (5) Standard Development Renewal Agreements complete with executed
documents received during the months of September and October 2008:
Standard Development Agreements
A)
Gun Club, LLC (District
2) 01-01168-000
B)
Boca Pointe Country Club, Inc. (District
4) 09-01058-000
Standard Development Renewal
Agreements
C)
Brownstone Management, LLC (District
2) 01-01118-R00
D) Colony at Lake Worth, LLC (District 3) 02-01074-R01
E) Homeland Plaza, LLC (District 3) 02-01076-R00
F) JR Eisenman Properties, LLC (District 3) 02-01076-R01
G) Northstar Holdings at B and A, LLC (District 3) 05-01059-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)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the Clerk to the Board to disburse $466,575 from the Vessel Registration Fee Trust Fund for the construction of the Boynton/Ocean Ridge Mangrove Riprap Project; and
B) approve a Budget Transfer of $466,575 in the Environmental Enhancement Non-Specific Fund from Reserves to the Environmental Enhancement Project.
SUMMARY: The $466,575 Resolution and Budget Transfer provide the necessary matching funds for the construction of the Boynton/Ocean Ridge Mangrove Riprap Project in southern Lake Worth Lagoon. The project consists of approximately 3,300 tons of limestone boulders placed along 2,236 feet of shoreline to protect 45 acres of mature mangroves that lie along the Intracoastal Waterway, north of the Ocean Avenue Bridge. District 4 (SF)
2. Staff recommends
motion to:
A) approve a 50-year Lease Agreement (Lease) with the South Florida Water Management District (District) of an approximately 256.94-acre tract of land, known as Tract No. DA-100-019 (Leased Premises), to be managed as part of the Loxahatchee Slough Natural Area; and
B) authorize the Director of the Department of Environmental Resources Management to serve as Project Manager for this Lease.
SUMMARY: Both the County and the District have acquired lands within the area known as the Loxahatchee Slough. Both agencies wish to preserve the natural and water resources associated with the headwaters of the Wild and Scenic Loxahatchee River. The County is the largest landowner in the area (12,579 acres) and manages the land as part of the County’s natural areas system, and more specifically as the Loxahatchee Slough Natural Area. The District desires that its landholdings in the area be managed by the County as part of the larger natural area. The District will focus its efforts on managing the water resources of the area. To accomplish these objectives, the District wants to lease its most recent land acquisition in the area (Tract No. DA-100-019) to the County for management of the native ecosystems as part of the Loxahatchee Slough Natural Area. The County desires to include the Leased Premises as part of the natural area because the Leased Premises provide frontage on both PGA Boulevard and the Beeline Highway, and provide access to the heart of the Loxahatchee Slough Natural Area from these major highways. This Lease requires no rental payments. It does require that the County manage the land for the preservation of the natural habitats that are present; to provide passive recreational public use, and provide these functions according to a County-approved management plan that is reviewed by the District. The Management Plan must be developed and approved by the County within two (2) years of execution of the Lease. Any restoration activities or installation of capital infrastructure for public use placed on the Leased Premises will be at the County’s expense and will become the property of the District at the end of the Lease, unless removal of the improvements from the property is requested by written notice from the District. If required, removal of the improvements also will be at the County’s expense. District 1 (JB)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to approve: the revised Management Plan for Jupiter
Ridge Natural Area. SUMMARY: The Jupiter Ridge
Natural Area Management Plan was originally approved by the Board on November
19, 1996 and by the State of Florida on February 27, 1998. The Management Plan was revised in 2008 to
include additional information regarding the history of the site and its
biological resources, a chronology of significant events and activities
occurring since the County’s acquisition, improvements in management techniques
for the site, and other new information.
This document is the first update to the Plan. The next update will be due in 2018. The
County continues to manage the site with the assistance of the Town of Jupiter. District 1 (SF)
4. Staff recommends
motion to:
A) approve an Amended and Restated Management and Maintenance Agreement (the “Agreement”) with Bridgewater Ventures, LLC, a Florida limited liability company (“Bridgewater”) with the agreement and consent of the Bridgewater Preserve Homeowners’ Association, Inc. (“Bridgewater Preserve Homeowners’ Association”), a Florida not-for-profit corporation; the Town of Jupiter (“Town”); Lennar Homes, LLC (“Lennar”), a Florida limited liability company; and Rialto Community Association, Inc. (“Rialto Community Association”), a Florida not-for-profit corporation, for a wildlife/greenway corridor between Jonathan Dickinson State Park and the North Jupiter Flatwoods Natural Area (the “Natural Area”) to be managed by the County’s Department of Environmental Resources Management (ERM) as part of the Natural Area after completion of planting and plant survivability requirements to be met by Lennar;
B) accept a special warranty deed for the conveyance of a 7.96-acre preserve parcel from the Town to be added to the Natural Area as part of the wildlife/greenway corridor, subject to satisfactory completion of County due diligence;
C) accept a donation of $125,000 from Lennar for the long-term maintenance and management of the wildlife/greenway corridor, to be made in four (4) equal payments of $31,250 over a period of up to five (5) years; and
D) approve a Budget Amendment for $125,000 in the Natural Areas Stewardship Endowment Fund.
SUMMARY: In 2002, the Town approved the site plan for a Planned Unit Development (PUD) known as Jupiter Isles. The applicant, Schickedanz Capital Group (“SCG”), subsequently conveyed the property to GMAC Model Home Finance, Inc., which then conveyed it to Lennar. Lennar assumed the obligations of SCG, applied to the Town for amendments to the site plan, and then entered into litigation with the Town. A Settlement Agreement was reached in December 2006 and the PUD was amended to include an adjacent development known as Loxahatchee Reserve, also owned by Lennar. The former Jupiter Isles tract was renamed Loxahatchee Reserve North and the former Loxahatchee Reserve tract was renamed Loxahatchee Reserve South. The combined development is now known as Rialto. As part of the settlement, Lennar was required to preserve a 135-foot-wide strip on the northern boundary of the development as an addition to the existing wildlife/greenway corridor, plant the entire corridor with fire-resistant native vegetation, and dedicate the 135-foot-wide strip to the Town by plat. Lennar later provided a quit-claim deed for that property to the Town. The Town intends to convey the property to the County to be managed in concert with two (2) adjacent corridor strips already managed by the County as part of the Natural Area. District 1 (SF/JMB)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to receive and file:
A) Interlocal Agreement with the City of Boca Raton (District 4)
B) Interlocal Agreement with the City of Delray Beach (Districts 4 & 7)
C) Interlocal Agreement with the City of West Palm Beach (Districts 2 & 7)
D) Interlocal Agreement with the City of Boynton Beach
Police Department (District 4)
E) Interlocal Agreement with the Florida Fish and Wildlife
Conservation Commission (Countywide)
SUMMARY: As part of the Manatee Protection Plan, the County has committed to annually provide $200,000 of funding for additional on-water law enforcement in the County’s waterways. On December 18, 2007, the Board of County Commissioners approved a Resolution (R2007-2277) with a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in estuarine waters of Palm Beach County. Delegation of the authority to execute these standard form Interlocal Agreements was approved, pursuant to PPM No. CW-O-051, on January 2, 2008. Districts 2, 4, 7/Countywide (SF)
6. Staff recommends
motion to:
A) receive and file Project Agreement No. PB-08-133 with the Florida Inland Navigation District (FIND) to reimburse up to $559,575 for the construction of the Snook Islands Public Use Facility Project (Project);
B) approve Budget Transfer in the Metropolitan Planning Organization (MPO) Fund of $100,000 (R2008-1507) from Transfer to the Capital Outlay Fund to Transfer to the Environmental Capital Projects Fund to consolidate the Project funding into the Environmental Capital Projects Fund;
C) approve Budget Amendment of $438,500 in the Capital Outlay Fund to decrease the Transfer from the MPO Fund by $100,000 and decrease the Transfer from the Natural Areas Fund by $338,500 to consolidate the Project funding into the Environmental Capital Projects Fund;
D) approve Budget Transfer of $338,500 in the Natural Areas Fund
decreasing the Transfer to the Capital Outlay Fund to reduce Natural Areas
Funding; and
E) approve Budget Amendment of $659,575 in the Environmental Capital Projects Fund for the FIND Waterways Assistance Program Project Agreement PB-08-133 totaling $559,575 and $100,000 from the MPO (R2008-1507) to consolidate the Project funding into the Environmental Capital Projects Fund.
SUMMARY: The County will receive $559,575 to partially fund construction costs for the Project. Funding from the Natural Areas Fund is no longer needed because of the approval of grant applications submitted to FIND in May 2008. County matching funds of $559,575 are required and already included in the budget. Grant funds must be expended by September 1, 2010. FIND may extend the project period for one (1) year. The bid process for the Project is scheduled to occur within the next 1-2 months and construction is scheduled to begin in the spring of 2009. Districts 2 & 3 (SF)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff
recommends motion to:
A) approve Interlocal Agreement with the City of Riviera Beach for twenty percent (20%) cost share up to $7,020,000 on the Singer Island Erosion Control Project with reimbursement of eligible project costs retroactive to May 3, 2005;
B) approve Budget Amendment of $7,020,000 to recognize the revenue in the Beach Improvement Fund; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: The Interlocal Agreement with the
City of Riviera Beach establishes a twenty percent (20%) cost-share of eligible
project costs up to $7,020,000 which include project management, engineering
and design, permitting, construction, mitigation, and environmental and project
performance monitoring. The term of the
Agreement is from the date of execution through September 30, 2015, with
reimbursement of eligible project costs retroactive to May 3, 2005. District
1 (SF)
8. Staff recommends motion to approve: Task Order No. 0878-02 to a continuing Contract (R2008-0878) with Humiston and Moore Engineers (Humiston) in the amount of $123,339 to provide professional coastal design and permitting services to respond to the Florida Department of Environmental Protection (DEP) and Fish and Wildlife Service (FWS) Requests for Additional Information (RAI) in support of the Erosion Control Project (ECP) for Singer Island. SUMMARY: The BCC approved the Contract with Humiston on May 20, 2008 (R2008-0878). The County has issued $59,152 in task orders since the Contract was executed. Task Order No. 0878-02 authorizes Humiston to develop a response to the permitting agencies RAI’s. The County executed a funding agreement (R2007-0046) with the Florida Department of Environmental Protection (DEP) on January 9, 2007 to cost share on Singer Island ECP costs. This Task Order has been submitted to DEP for cost share approval, it is anticipated 39.945% of the cost ($49,268) will be reimbursed under the 06PB2 agreement. The City of Riviera Beach will reimburse 20% ($24,667). Humiston committed to an overall 25% Small Business and Minority Business Enterprise (SBE-MBE) participation in the Contract. Humiston has achieved 13.72% cumulative SBE-MBE participation on the Contract including this Task Order. District 1 (SF)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
9. Staff recommends motion to:
A) receive and file Amendment No. 1 to Grant No. 06PB2 with the
Florida Department of Environmental Protection (FDEP) to extend the Agreement
to June 1, 2010;
B) approve Amendment No. 2 to Grant Agreement No. 06PB2 with the Florida Department of Environmental Protection (FDEP) for increased cost-sharing on the Singer Island Shore Protection Project up to a revised grant amount of $7,285,395 through June 1, 2010; and
C) approve Budget Amendment of $7,014,964 to recognize the revenue increase in the Beach Improvement Fund.
SUMMARY: The
Florida Legislature authorized funding through the FDEP to provide assistance
to eligible governmental entities for beach erosion control activities under
the Florida Beach Management Funding Assistance Program. DEP Grant Agreement No. 06PB2 was executed by
the BCC on January 9, 2007 (R2007-0046) for cost share of the design and
permitting of the Singer Island Erosion Shore Protection Project (up to
$270,431). Amendment No. 1, executed on
May 13, 2008, extended the Agreement until June 1, 2010. Amendment No. 2 authorizes
FDEP to reimburse the County an additional $7,014,964 for design, permitting,
construction and monitoring costs on the Singer Island Shore Protection
Project. Local matching funds of $10,953,173 (60.055%) are required. The City
of Riviera Beach has executed an Interlocal Agreement for 20% of eligible
project costs. Grant reimbursement is retroactive to January 1, 2005. District
1 (SF)
10. Staff recommends
motion to approve: Contract
with Murray Logan Construction, Inc. in the amount of $216,000 for the
construction of the Pedestrian Bridge for Loxahatchee Slough over C-18
Canal-Project No. 2008ERM03. SUMMARY: Seven (7) bids were received for this Project. Murray Logan Construction, Inc. (Murray
Logan) was the lowest responsive, responsible bidder with 0% Small
Business Enterprise (SBE) participation, which does not meet the established
15% goal. However, the second and third
low bids fall outside the range for the ranking of responsive bidder
consideration. The Contract includes construction of a 105-foot pedestrian
bridge over the west leg of the C-18 Canal connecting the Ocean to Lake Hiking
Trail in the Loxahatchee Slough Natural Area as part of the Northeast
Everglades Natural Area (NENA). District 1
(JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Rosenwald Elementary School in an amount not
to exceed $3,000 for funding of the Safety Patrol Trip to Atlanta,
Georgia. Summary: This fully executed Request for
Funding Form is for School Board RAP allocations made in accordance with the
Interlocal Agreement for the funding of RAP Projects (R2003‑1747), as
amended. Funding is from the Recreation Assistance Program (RAP) District 6
Funds. District 6 (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Boynton Beach
Community High School in an amount not to exceed $50,000 for the Dimensional
Harmony Chorus Trip to New York City to perform at the Heritage Festival. Summary: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747), as amended. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
3 (DW)
3. Staff recommends
motion to receive and file: First Amendment to Agreement (R2008-1111)
with the City of Boynton Beach for the 2008 Boynton Beach Heritage Celebration
event. Summary: This fully executed First Amendment to
Agreement in an amount not to exceed $7,000 extends the project completion date
from June 30, 2008, to September 30, 2008.
The amendment is needed to accommodate dates of payment and completion
of the reimbursement process for this completed project. 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, including the funding amount, remain the same. Funding for the
project is from the Recreation Assistance Program (RAP) District 7 Funds. District 7 (DW)
4. DELETED
5. Staff recommends
motion to approve: Agreement
with Cops Helping Kids, Inc. for the
period December 2, 2008, through May 1, 2009, in an amount not to exceed $5,000
for funding of the 2008 Silver Gloves Boxing Tournament. Summary: This funding is to offset costs for the
2008 Silver Gloves Boxing Tournament to be held from December 5, through
December 6, 2008, at the Westgate Park Recreation Center. The tournament is expected to attract
approximately 500 participants. The
Agreement allows for reimbursement of eligible expenses incurred subsequent to
May 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 2 Funds. District 2 (DW)
6. Staff recommends
motion to approve: Agreement
with Police Athletic League of West Palm Beach, Inc. for the period December 2,
2008, through December 30, 2008, in an amount not to exceed $7,000 for funding
of the 2008 Gramercy Park summer camp program.
Summary: This funding is to help offset costs paid
by the Police Athletic League of West Palm Beach, Inc. for the summer camp
program held at Gramercy Park. The
summer camp served approximately 66 participants each day. The Agreement allows
for the reimbursement of eligible expenses incurred subsequent to June 9,
2008. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds.
District 7 (DW)
7. Staff recommends
motion to approve: Agreement
with Artists Showcase of the Palm Beaches, Inc. for the period December 2,
2008, through December 30, 2009, in an amount not to exceed $10,000 for funding
of multi-cultural art programs. Summary: This funding is to help offset costs for
Artists Showcase of the Palm Beaches, Inc.’s ongoing multi-cultural art
programs for at-risk youth.
Approximately 200 youth participate in the programs. The Agreement allows for the reimbursement of
eligible expenses incurred subsequent to October 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to approve: Agreement
with Lake Okeechobee Regional Economic Alliance of Palm Beach County, Inc. for
the period December 2, 2008, through March 31, 2009, in an amount not to exceed
$5,000 for funding the creation and distribution of a recreational and cultural
amenities map. Summary: This funding is to offset costs incurred
by Lake Okeechobee Regional Economic Alliance of Palm Beach County, Inc. (LORE)
to develop and distribute a map that highlights recreational and cultural
amenities in the Lake Okeechobee region.
The map will be viewed by the local population and by approximately
100,000 people from outside of the area.
The Agreement allows for the reimbursement of eligible expenses incurred
subsequent to October 1, 2008. Funding
is from Recreation Assistance Program (RAP) District 6 Funds. District 6 (DW)
9. Staff recommends
motion to:
A) receive and file a fully executed Florida Fish and Wildlife
Conservation Commission Florida Boating Improvement Program Grant Agreement for
DuBois Park docks and shoreline stabilization project for the period
October 20, 2008, through June 15, 2030; and
B) approve Budget Amendment of $500,000 within the Park
Improvement Fund to establish budget for the approved grant.
Summary: On July 8, 2008,
the Board adopted a Resolution (R2008-1211) authorizing the Director of Parks
and Recreation, as Project Manager, to apply for a Florida Fish and Wildlife
Conservation Commission (FFWCC) Florida Boating Improvement Program (FBIP) grant
for improvements associated with the DuBois Park docks and shoreline
stabilization project. The Board also authorized the County Administrator or
his designee to execute the Grant Agreement (FWC Contract No. 08083) and other
standard state and/or federal grant forms related to this project if the grant
was approved. This grant was approved by the FFWCC and the Grant Agreement has
been fully executed, and it is now being submitted to the Board to receive and
file and to establish a project budget. District 1 (DW)
10. Staff recommends
motion to approve: Agreement
with Martin Luther King, Jr. Coordinating Committee of West Palm Beach, Inc.
for the period December 2, 2008, through January 1, 2010, in an amount not to
exceed $5,500 for funding of the 2008 Performing Arts Competition and the
Martin Luther King, Jr. Scholarship Breakfast. Summary: This funding is to help offset costs for special
community events being sponsored by the Martin Luther King, Jr. Coordinating
Committee of West Palm Beach, Inc.
Approximately 5,000 people will participate in the two events, which
will be held at Roosevelt Middle School and the Palm Beach County Convention
Center. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to October 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to receive and file: original executed Third Amendment to Request for Funding Form for School
Board Recreation Assistance Program project for Golden Grove Elementary School
for the purchase and installation of fitness trail equipment (R2007‑0991),
as amended (R2008-0545, R2008-1224), to extend the project completion date
from December 31, 2008, to June 30, 2009.
Summary: This fully executed Third Amendment
to Request for Funding Form is being processed in accordance with the
Interlocal Agreement for the Funding of Recreation Assistance Program (RAP)
Projects (R2003-1747), as amended. The amended project completion date of
December 31, 2008, is being extended by six (6) months to allow project
completion time and completion of reimbursement documentation. All other project terms, including the
funding amount of $5,000, remain the same.
Funding is from the Recreation Assistance Program (RAP) District 6
Funds. District 6 (DW)
12. Staff recommends
motion to:
A) receive and file a fully executed Florida Recreation
Development Assistance Program Project Agreement for John Prince Memorial Park;
B) approve Budget Amendment of $135,611 within the
Park Improvement Fund to establish budget for the approved grant; and
C)
execute a Notice of
Limitation of Use/Site Dedication identifying the project site for outdoor
recreation for the use and benefit of the public in perpetuity.
Summary: On October 16, 2007, the Board authorized submission of a Florida
Recreation Development Assistance Program (FRDAP) grant application for improvements
at John Prince Memorial Park (R2007-1839). The Board also authorized the County
Administrator or his designee to execute the Project Agreement (Florida
Department of Environmental Protection Agreement No. A9007) 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 Project Agreement requires the County to
execute and record a Notice of Limitation of Use dedicating the land in
perpetuity as an outdoor recreation site. The John Prince Memorial Park project
includes the construction of a fishing pier, group picnic shelter, canoe/kayak
launch, and 12 parking spaces, as well as renovations to an existing
playground, restroom, parking lot and bike trail. According to the terms of this agreement, the
project period commenced on July 16, 2008, and will end on April 30, 2011. District 3 (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
13. Staff recommends
motion to:
A) receive and file a fully executed Florida Recreation
Development Assistance Program Project Agreement for Lake Ida Park;
B) approve Budget Amendment of $135,611 within the
Park Improvement Fund to establish budget for the approved grant; and
C)
execute a Notice of
Limitation of Use/Site Dedication identifying the project site for outdoor
recreation for the use and benefit of the public in perpetuity.
Summary: On October 16, 2007, the Board authorized
submission of a Florida Recreation Development Assistance Program (FRDAP) grant
application for improvements at Lake Ida Park (R2007-1841). The Board also authorized the County
Administrator or his designee to execute the Project Agreement (Florida
Department of Environmental Protection Contract No. A9008) 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 Project
Agreement requires the County to execute and record a Notice of Limitation of
Use dedicating the land in perpetuity as an outdoor recreation site. The Lake Ida Park project includes construction
of a new group picnic pavilion, playground, bike trail, canoe/kayak launch,
parking lot and landscaping, as well as renovations to an existing playground,
group picnic shelter and parking lot. According
to the terms of this Agreement, the project period is from July 16, 2008, through
April 30, 2011. District 4 (DW)
14 Staff recommends
motion to:
A) ratify the signature of the Chairperson
on a Florida Coastal Partnership Initiative grant application submitted to the
Florida Department of Environmental Protection on October 15, 2008, requesting
$50,000 for development of the newly acquired Zeke’s Marina property to be
matched with $50,000 from the 2004 $50 Million Waterfront Access and
Preservation General Obligation Bond;
B) authorize the County
Administrator or his designee to execute the grant funding Agreement, as well
as task assignments, certifications, standard forms, or amendments to the
Agreement that do not change the scope of work or terms and conditions of the
Agreement, if the grant is approved; and
C)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with Florida Department
of Environmental Protection for this
project.
Summary: The Florida Coastal Partnership Initiative
makes federal funds from the National Oceanic and Atmospheric Administration
(NOAA) available to local governments for the protection and effective
management of Florida’s coastal resources.
The grant is administered by the Florida Department of Environmental
Protection (FDEP). If awarded, the grant
funds will be used at Zeke’s Marina to clear exotic vegetation, plant native
vegetation, install picnic shelters, provide picnic tables, grills, a bike
rack, and to construct a 12’ multi-purpose path. The grant requires a $50,000 match which will
come from the 2004 $50 Million
Waterfront Access and Preservation General Obligation Bond. District
1 (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
15. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received
during the month of October.
A) Karen Lindquist, Photography,
Riverbend Park;
B) Joy Deco Enterprises, Inc.,
Dance Program, Coconut Cove Recreation Center; and
C) Cynthia Davis, Art Class, Therapeutic
Recreation Complex.
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 are now being submitted to the Board to receive and file. Districts 1, 3 & 5 (DW)
16. Staff recommends
motion to approve: Budget Transfer of $33,002 in the Park Improvement Fund from Boat Ramp
Improvement Reserve to Bert Winters Boat Ramp Improvements. Summary: This Budget Transfer will provide additional funding necessary to
renovate the two (2) existing boat ramps at Bert Winters Park. Funding is from the Park Improvement
Fund Boat Ramp Improvement Reserve. District 1 (DW)
17. Staff recommends
motion to approve: Budget Transfer of $50,000 in the Park Improvement Fund from Reserves to Sansbury
Way Park. Summary: This Budget Transfer will provide additional
funding for professional planning services necessary to process a Development
Order Amendment application and other associated costs for District Park “K”
also known as Sansbury Way Park.
Funding is from the Park Improvement Fund Reserve. District
6 (DW)
18. Staff recommends
motion to approve: Interlocal Agreement with the School District
of Palm Beach County for the period December 2, 2008, through December 1, 2009,
for the mutual use of recreational facilities. Summary: This
Agreement enables the School Board of Palm Beach County and the Palm Beach
County Parks and Recreation Department to utilize each other’s recreational
facilities at no cost. It outlines a procedure for requesting and authorizing
the use of recreational facilities and establishes the requirements for use by
County-affiliated recreation organizations. The current Agreement (R2003-1973) expires
on December 2, 2008. The Department has
worked with the School Board to create this Agreement and recommends approval
in the best interest of the community. The term of this Interlocal Agreement is for
one year, and shall be automatically renewed up to four additional consecutive
one year terms. The School Board approved the new Agreement
at its November 12, 2008 meeting.
Countywide (DW)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends
motion to approve and select:
A) Michael C. McCurdy for appointment by the Town of Lantana, as Trustee,
on the Lantana Firefighters Pension Fund Board.
The term will expire September 28, 2010; and
B) John Sluth for appointment by the Town of Lantana, as Trustee, on the
Lantana Firefighters Pension Fund Board.
The term will expire September 28, 2010.
SUMMARY: Pursuant to the Interlocal Agreement for Fire Protection and Emergency Medical Services with the Town of Lantana (Town) (R2004-0364), the Town is requesting the County’s approval of their selection to appoint John Sluth and Michael C. McCurdy, Town residents, to the Lantana Firefighters Pension Fund Board, as Trustees. Under the Interlocal Agreement, the Town retained the power and responsibility to make appointments to the Fund’s Board of Trustees for its Chapter 175 plan. Any Trustee to be appointed by Lantana first must be approved by the County. Mr. Sluth and Mr. McCurdy’s current positions expired on September 28, 2008. Their reappointments would expire on September 28, 2010. District 7 (SB)
2. Staff recommends
motion to receive and file: one (1) original standard Interlocal
Agreement for Swimming Lessons with the Young Men’s Christian Association of
the Palm Beaches, Inc. SUMMARY: On September 27, 2005, the Board adopted
Resolution No. R2005-1906 authorizing the County Administrator, or his designee
(the Fire Rescue Administrator) to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, one (1)
standard County agreement that has been executed by the County Administrator,
or his designee (the Fire Rescue Administrator) is being submitted as a receive
and file agenda item for the Clerk’s Office to note and receive. Countywide (SB)
3. Staff recommends
motion to approve: an Interlocal Agreement for Interfacility Ambulance
Funding with Glades Hospital Holdings, Inc., d/b/a Glades General Hospital, for
a three (3) year term, effective retroactively to March 8, 2008. SUMMARY: Glades Hospital Holdings, Inc.,
d/b/a Glades General Hospital (Hospital) is a public hospital located in the
Glades area of Palm Beach County that predominantly serves a population
residing within the Fire Rescue Municipal Service Taxing Unit (MSTU). The Hospital entered into a Healthcare
Transportation Service Agreement with American Medical Response (AMR) on March
8, 2008, which requires AMR to station an ambulance at the Hospital to provide
interfacility transport services for patients under the care of the Hospital.
The Transport Agreement requires the Hospital to pay AMR for ambulance
transport as well as an annual Stationing and Availability Fee. The Hospital has requested the County fund
one-half the Availability Fee. Having a
dedicated interfacility ambulance provider in the Glades area will ease the
strain on the resources of the County and its Fire Rescue MSTU for emergency
response in that area. The total funding
to be provided by the County shall not exceed One-Hundred Thirty-One Thousand
Four-Hundred Dollars ($131,400) for the first year of the Agreement. Countywide
(SB)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: the following executed grant documents with the Florida Council Against
Sexual Violence (FCASV):
A) Amendment with FCASV increasing grant
funding from $51,124 to $107,343 for the period July 1, 2007, through June 30,
2009; and
B) Standard Subcontract with FCASV providing
an additional grant of $17,648 for the period July 1, 2008, through June 30,
2009.
SUMMARY: Resolution
R06-0096 authorizes the County Administrator or his designee to execute certain
FCASV grant agreements on behalf of the County. These FCASV grant funds will be
used to provide sexual battery recovery services to victims. No County match is
required. Countywide (GB)
2. Staff recommends
motion to:
A) receive and file the executed FY 2008-2009 Victim of Crime Act
(VOCA) Grant Agreement with the State of Florida, Office of the Attorney
General to receive $127,290 for the period of October 1, 2008, through September
30, 2009;
B) approve a downward Budget Amendment of $33,301 in the Public Safety Grant Fund;
and
C) approve a downward Budget Amendment of $3,810 in the General Fund to adjust
budget to actual.
SUMMARY: Resolution R97-1057 authorizes the County Administrator or his designee
to execute certain VOCA grant agreements on behalf of the County with the State
of Florida. The FY ‘09 VOCA grant is
$21,985 less than the FY ‘08 grant. The
shortfall will be absorbed through reductions in operating budget and reserves.
The grant requires a 20% in-kind match. Countywide (GB)
3. Staff recommends
motion to:
A) receive and file the executed SARA Planning Grant Agreement with the
Florida Division of Emergency Management in the amount of $23,865 for the
period of July 1, 2008, through June 30, 2009; and
B) approve a Budget Amendment of $1,831 in the EM Grant Fund to
adjust grant budget to actual.
SUMMARY: The Florida
Division of Emergency Management will provide Palm Beach County Division of
Emergency Management $23,865 to perform the SARA Title III Hazards Analysis
Program. Site visits will be conducted as part of the hazardous materials
contingency plan. This program will
provide first responders information concerning the chemicals at facilities in
the county and assist these facilities in their emergency hazard materials
planning. Facility information, Risk
Analysis, Vulnerability Analysis, and Vulnerability Zone information are shared
with hazardous materials (HazMat) teams, and first responding public safety
agencies. R06-0401 authorizes to the
County Administrator or his designee, to execute contracts with the Florida
Department of Community Affairs on behalf of the County. No County match is
required. Countywide (GB)
DECEMBER 2, 2008
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to:
A) adopt Resolution approving a Florida Department of
Transportation (FDOT) Joint Participation Agreement (JPA) FM No. 423865-1 in
the amount of $490,000 (100% State) to
fund the construction of park and ride lots;
B) approve Budget Amendment of $490,000 in the Palm Tran Grant Fund to
reconcile the budget to account for this award; and
C) approve Budget Amendment of $490,000 in the Public
Building Improvement Fund to reconcile the budget to account for this award.
Summary: FDOT is providing funds for the construction of park and ride lots that
will facilitate and encourage the public to use public transit. FDOT is focusing on service from Martin
County, for which FDOT also provided funding, and service from the western
communities specifically a location in the Village of Wellington. The funds can be used for planning, design,
right-of-way acquisition, engineering, construction, inspection, and marketing
of the lots. Funds are 100% state, no
local match is required. Countywide
(DR)
* * * * * * * * * * * *
DECEMBER 2, 2008
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Presentation
of check in the amount of $1,206,750 from the Florida Inland Navigation
District for redevelopment of Burt Reynolds Park.
B. Presentation
of check in the amount of $233,220 from the Florida Inland Navigation District
for the South Lake Worth Inlet Sand Trap Dredging Project.
C. Governor’s
Point of Light Award to Matilda Nieves for outstanding volunteerism in honor of
Hispanic Heritage Month. (Sponsored by Commissioner Santamaria)
D. Proclamation
declaring January 12, 2009 as “Arbor Day” in Palm Beach County. (Sponsored by Commissioner Vana)
E. Proclamation
declaring December 2008 as “Joey Bergsma Retinoblastoma Awareness Month” in
Palm Beach County. (Sponsored by
Commissioner Greene)
F. Certificate
of Appreciation to Frank Barbieri in recognition for his many valuable years on
the Zoning Commission. (Sponsored by Commissioner Aaronson)
G. Proclamation
declaring December 17, 2008 as “Animal Rights Day” in Palm Beach County. (Sponsored by Commissioner Greene)
* * * * * * * * * * * *
DECEMBER 2, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
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:
This is the annual update of the County’s Five-Year Road Plan which is
required to be considered each year by the Five-Year Road Program Ordinance. On
November 18, 2008, the Board approved this Ordinance on preliminary
reading. Exhibit “A” to the Ordinance contains
the road projects to be undertaken by the County in the next five (5) years. Countywide
(MRE)
B. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, adopting an Interlocal Service Boundary Agreement
with the Village of Palm Springs to coordinate future land use, public
facilities and services and protection of natural resources in advance of
annexation; authorizing the Chair of the Board of County Commissioners to sign
the interlocal agreement; providing for severability; providing for captions;
and providing for an effective date. SUMMARY: Pursuant to the Palm Beach County Board of County Commissioners'
direction to resolve annexation issues in a proactive and cooperative manner,
staff from the County and the Village of Palm Springs jointly prepared a Palm
Springs Annexation (PSA) Study in 2005.
Subsequently, this Study was used as a framework for developing an
Interlocal Service Boundary Agreement (ISBA) and Joint Planning Agreement (JPA)
between the County and the Village. On July 10, 2007, Palm Beach County and the
Village of Palm Springs entered into resolutions to commence negotiations for
an ISBA/JPA. By Ordinance No. 2008-23, the Village has accepted the terms of the proposed ISBA/JPA for the
annexation of a Municipal Service Area, generally located on the north and
south sides of Forest Hill Boulevard, east of Military Trail and west of Kirk
Road. Based on recommendations
from the PSA Study, this area was identified as a very high priority
sub-area. The proposed ISBA/JPA meets the requirements of Chapter 171, Part II,
F.S., and is consistent with the Intergovernmental Coordination Element Policy
1.4-d of the County’s Comprehensive plan. District 2 (RB)
* * * * * * * * * * * *
DECEMBER 2, 2008
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve: Amendment No. 3 to the Palm Beach County Section
108 Loan Program Criteria funded by the U.S. Department of Housing and Urban
Development’s (HUD) Section 108 Loan Guarantee Program. SUMMARY: The Palm Beach County Section 108 Loan
Program was created as a federal source of loan funding to be used by
businesses, investors, communities and non-profit and economic development
organizations to implement business ventures that will create new jobs and help
revitalize local communities. HUD
approved Palm Beach County's request for Section 108 funding on September 26,
2002 for a $15,000,000 loan pool that was available through September 30, 2008.
HUD renewed the loan pool for $12,000,000 through September 30, 2011. The
proposed Amendment will make the program more accessible to the businesses
community by streamlining and aligning the County policies with HUD and Small
Business Administration (SBA) guidelines and requirements. The proposed
Amendment modifies the following key elements of the criteria:
(I.)
& (II.) Program Objectives and Fundamental Loan Requirement: Eliminates the category of job
retention as per HUD guidelines, modifies the job creation to begin at the
issuance of a certificate of occupancy, completion of the
construction/renovation project or when the loan is disbursed, whichever is
first, and modifies the job creation time frame from one (1) to five (5) years.
(III.)
Eligible Activities:
Amends the maximum amount of working capital from $50,000 or ten percent (10%)
of the total project cost to a maximum of 40% of the total project cost as per
HUD guidelines.
(IV.)
Eligible Applicants:
Reduces the minimum number of years in business from three (3) to two (2)
years.
(V.)
Types of Assistance Available: No changes.
(VI.)
Interest Rates, Loan Fees and Terms:
Eliminates the requirement to increase the interest rate by 1% for projects
located in non-distressed areas, reduces the application fee from 1% of the
total loan amount to a non-refundable application fee of $100, increases the
loan closing fee from 0.75% to 1.5% of the total loan amount, and amends the
minimum loan amount from $250,000 to 40% of the total project cost.
(VII.)
Lending Criteria/Underwriting:
Increases the maximum amount of assistance per job created from $15,000 to
$35,000 as per HUD guidelines.
(VIII.)
Public Benefit Requirements:
Aligns the salary requirement with HUD guidelines. Additional procedural
changes are also being proposed to streamline the program.
These modifications are
recommended to assist businesses, allow business development and investment in
distressed areas, such as the Glades communities and Development Regions, and
promote more participation of commercial lenders in economic development
projects, which will leverage more private investment. These proposed
Amendments are consistent with HUD guidelines. Because this amendment will not
impact Palm Beach County's HUD-approved underwriting guidelines, HUD review and
approval is not required. Countywide (DW)
B. CLERK
& COMPTROLLER
TIME CERTAIN - 10:15 A.M.
1. Clerk Sharon R. Bock presents “MyMinutes” – a new interactive online
tool that links Board of County Commissioner meeting video directly to the
meeting minutes.
DECEMBER 2, 2008
6. REGULAR
AGENDA
C. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: the Application
of Pine Crest Preparatory School, Inc. for the issuance of up to $18,000,000
industrial development revenue bonds. SUMMARY:
Pine Crest Preparatory School, Inc. (collectively the “Company”) has
applied for the issuance of industrial development revenue bonds by the county
in an amount not to exceed $18,000,000.
This transaction will be a tax-exempt lease-purchase of a new energy
management (HVAC system) at the Company’s middle and upper school facilities in
Ft. Lauderdale, and is part of the overall capital improvement plan of the
Company for which the County issued $75,000,000 in revenue bonds in August
2008. 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)
D. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve on preliminary
reading and advertise for Public Hearing on December 16, 2008 at 9:30 a.m.: an Ordinance
amending Palm Beach County Code Chapter 26, Article II, known as the Municipal Service Taxing Unit
(MSTU) Special Assessment Ordinance
(Ordinance 94-11 as amended);
amending Section 26-17, creation and purpose; amending Section 26-18, governing
body of municipal service taxing unit; amending Section 26-19, powers; amending
Section 26-20, funding; amending Section 26-21, budget adoption; amending
Section 26-22, trust funds; amending Section 26-23, improvements; amending
Section 26-24, special assessments; amending Section 26-29, percentage of
costs, further procedures; providing for savings clause; providing for repeal
of laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for captions; providing for effective
date. SUMMARY: The proposed
Ordinance will amend Chapter 26, Article II, known as the Municipal Service
Taxing Unit(MSTU) Special Assessment Ordinance (Ordinance 94-11 as amended) to
merge the original six(6) MSTU into a single unit and to allow for assessments
and collections of 100% of the costs of road improvements. Countywide
(MRE)
2. Staff
recommends motion to approve:
A) the originally agreed to Reimbursement
Agreement with the Village of Wellington not to exceed $150,000 for the
installation of a traffic signal at the intersection of Forest Hill Boulevard
and Quercus Lane and;
B) a Budget Transfer of $150,000 in the
Transportation Improvement Fund from Reserve for District 6 to Forest Hill
Boulevard/Quercus Lane Intersection Traffic Signal – District 6.
SUMMARY:
This Agreement and Budget Transfer will fund the installation of a non
warranted traffic signal at the intersection of Forest Hill Boulevard and
Quercus Lane. District 6 (MRE)
DECEMBER 2, 2008
6. REGULAR
AGENDA
E. FIRE RESCUE
1. Staff recommends motion to approve: the Collective Bargaining Agreement between Palm Beach County and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., for the period October 1, 2008, through September 30, 2011, retroactively to October 1, 2008. SUMMARY: This Agreement was ratified by the Union membership on November 18, 2008. The three (3) year cumulative fiscal impact amounts to $23 million and includes across-the-board increases as follows:
FY 2009 October 1, 2008 0%
FY 2010 October 1, 2009 2%
April 1, 2010 1%
FY 2011 October 1, 2010 1%
April 1, 2011 2%
Countywide (SB)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 16, 2008 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Section 26-51, Subsection
(b), of Chapter 26, Article II, Division 3, of the Palm Beach County Code;
amending the boundaries of the Fire Rescue MSTU (Municipal Service Taxing Unit)
to include the Village of Palm Springs; providing for effectiveness; providing
for opt-out procedures; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions. SUMMARY:
The Fire Rescue MSTU (MSTU) encompasses the unincorporated areas of Palm Beach
County plus the incorporated areas within the municipal boundaries of
municipalities that have opted to join the MSTU. The County currently provides
dispatch services to the Village of Palm Springs (Village) through an Emergency
Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services
(R2007-0904). The Village now desires to
abolish its fire rescue department and opt into the MSTU as a method to receive
and pay for fire rescue services from the County. The proposed Ordinance amends the existing
boundaries of the Fire Rescue MSTU to include properties within the municipal
boundaries of the Village. Countywide
(SB)
3. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on December 16, 2008 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II, Division 3, of the Palm Beach County Code; amending the boundaries of the Fire Rescue MSTU (Municipal Service Taxing Unit) to include the City of Lake Worth; providing for effectiveness; providing for opt-out procedures; providing for opt-out procedures for tax year 2009; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions. SUMMARY: The Fire Rescue MSTU (MSTU) encompasses the unincorporated areas of Palm Beach County plus the incorporated areas within the municipal boundaries of municipalities that have opted to join the MSTU. The County currently provides dispatch services to the City of Lake Worth (City) through an Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services (R2005-1563). The City now desires to abolish its fire rescue department and opt into the MSTU as a method to receive and pay for fire rescue services from the County. The Department is currently in negotiations with the City to enter into a service agreement. However, if no action is taken by the City and the BCC prior to December 31, 2008 to include the City in the MSTU they could not be included in the MSTU until October 2010. The proposed Ordinance amends the existing boundaries of the Fire Rescue MSTU to include properties within the municipal boundaries of the City. If the County decides not to move forward with the provision of fire rescue services to the City, the Board has the option to repeal this Ordinance prior to April 30, 2009. Countywide (SB)
DECEMBER 2, 2008
6. REGULAR
AGENDA
F. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to adopt: Resolution of the Board of County Commissioners of
Palm Beach County, Florida, changing the street name of Orange Road to Old
Orange Road, located in Section 35, Township 40, Range 42, Loxahatchee Gardens,
recorded in Plat Book 23, Page 237. SUMMARY: Planning, Zoning &
Building Department (PZ&B) requests a street name change for Orange Road,
to eliminate and/or reduce confusion with another street in the unincorporated
area with the same name. In conjunction with Emergency Services,
Planning, Zoning & Building Department staff believes this duplication
could result in a delay of emergency services to the neighborhood. Upon
receiving a copy of the approved resolution, PZ&B staff will implement the
name change by notifying appropriate parties and agencies. District 1
(RB)
G. PUBLIC
SAFETY
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 16, 2008 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 17, Article V,
Division 1, Section 17-153 of the Palm Beach County Code concerning work
identification cards for individuals performing in adult entertainment
establishments; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions; providing for an effective date. SUMMARY:
Section 17-153 of the Adult Entertainment Ordinance requires performers in
adult entertainment establishments to apply for work identification cards from
the Public Safety Department, and show proof that they are at least 18 years
old. Some application requirements of the current Ordinance such as social
security numbers and two (2) separate forms of identification were deemed
unnecessary. The Ordinance, adopted in
1999, also fixed the fees at $25 for each new request and $5 for each
duplicate. The revenues generated do not recoup the current costs of the Department
to administer the program. Staff will be recommending an adjustment to the fees
to offset the cost of issuing the license. The amendment modifies the
application requirements, designates the Public Safety Department responsible
in creating the application form to verify that the applicant is at least 18
years old, and provides that fees for work identification cards be established
by Board resolution. Countywide (MJ)
H. WATER UTILITIES
1. Staff recommends
motion to approve: the addition of six (6) Meter Reader positions in
the Water Utilities Department’s operating budget for FY 2009. SUMMARY:
The Water Utilities Department (Department) is requesting that six
(6) additional Meter Readers be added to the Department’s complement in order
to read customers’ meters on a monthly basis.
The Department
recognizes the concerns of its customers who have recently received bills with
large month to month variations. Much of
this problem is due to the current policy of bi-monthly meter reading with the
intervening month’s bill being based on the customer’s average usage over the
previous 12 months. Converting to
monthly reading of all meters will avoid the problems posed by the estimation
procedure. The Department had adopted a
long-term policy to move toward monthly reading of all meters. In 2006, the Department began replacing its
meters with radio-read meters that are read electronically on a monthly basis simply
by driving through the neighborhood. To date,
the Department has 19,500 radio-read meters from a total of approximately
170,000. The original plan was to have
all of the meters replaced by 2014. The
additional staff can be phased out as more radio-read meters are installed. The Department is making cuts in other areas of
its 2009 budget; therefore, no budget amendment is necessary. A significant reduction in Excessive Usage Commodity
Credits is expected to partially offset the estimated cost of $325,000. Countywide (MJ)
DECEMBER 2, 2008
6. REGULAR
AGENDA
I. SHERIFF
1. Staff recommends motion to approve on
preliminary reading and advertise for Public Hearing on December 16, 2008 at
9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, pertaining to the regulation of nightclubs; providing short title;
providing definitions; providing a security fee; providing additional security
measures; providing enforcement and penalties; providing patron age
restrictions; providing police supervision; providing right of entry for purpose
of inspection; providing exemption; providing for severability; providing for
repeal of laws in conflict; providing for applicability; providing for
inclusion in the Code of Laws and Ordinances; providing captions; and providing
an effective date. SUMMARY:
The public health, safety and welfare of the citizens of Palm Beach County will
be best served by prohibiting the admission of persons under the age of
twenty-one (21) to nightclubs. The Palm Beach County Nightclub Security
Ordinance will require nightclubs to have security officers/law enforcement
presence when the nightclub is open to the public between 11:00 p.m. and 8:00
a.m. It also requires that security officers complete a security officer
training course approved by the Sheriff’s Office. Additionally, the Owner must
provide a minimum number of off-duty Sheriff’s deputies and exterior security
lighting. Upon adoption, it will be
unlawful for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any nightclub unless: they are employed by or at the nightclub; the
nightclub is not serving or selling alcoholic beverages to the public; or the
person is a member of the military or armed services with proper military
identification. This Ordinance is only
applicable in the unincorporated area. Countywide (DW)
* * * * * * * * * * * *
DECEMBER 2, 2008
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Treasure Coast Regional Planning Council)
1. Staff recommends
motion to approve: the reappointment/appointment of the following members to the Treasure Coast Regional
Planning Council for a term beginning on December 2, 2008, through December 1,
2009:
A) Reappoint:
Regular Appointments:
Nominees Seat
No. Requirement
Commissioner Karen Marcus 1 Palm Beach County Official
Commissioner Jeff Koons 2 Palm Beach County Official
Commissioner Addie L. Greene 3 Palm Beach County Official
Alternate Appointments:
Commissioner Mary McCarty 1A Palm Beach County Official
Commissioner Jess R. Santamaria 3A Palm
Beach County Official; and
B) Appoint:
Alternate Appointment (Appoint 1):
Commissioner Shelley Vana 2A Palm Beach County Official; or
Commissioner Burt Aaronson 2A Palm Beach County Official
SUMMARY: In accordance with the Treasure Coast
Regional Planning Council (TCRPC) Rules of Order, the Board of County
Commissioners (BCC) is requested to appoint their members and alternates for
the coming year before the Council’s Annual meeting on December 12, 2008.
Currently, the County’s regular members are Commissioners Marcus, Koons and
Greene; and the alternates are Commissioners McCarty and Santamaria with a
vacant seat (No. 2A) left by the departure of former Commissioner Kanjian. Countywide (RPB)
DECEMBER 2, 2008
7. BOARD
APPOINTMENTS
A. ADMINISTRATION (Cont’d)
(Small
Business Assistance Advisory Committee)
2. Staff recommends motion to approve: appointment of one (1) individual to the Small Business Assistance Advisory Committee, for a term of three (3) years:
Nominee Seat
Designation Term Nominated
By
Bryan K. Boysaw 14 Black
Chamber 3
years Comm. Marcus
of Commerce 12/2/08 – 12/1/2011 Comm. Koons
Comm. Greene
SUMMARY: The SBA Advisory Committee (Committee) was established by Ordinance 2002-064. The committee consisted of 13 members representing one (1) black business owner certified as a small business by the County; one (1) Hispanic business owner certified as a small business by the County; one (1) woman business owner certified as a small business by the County; one (1) white male business owner certified as a small business by the County; one (1) business owner domiciled in Palm Beach County; one (1) representative of the Palm Beach County Resource Center; one (1) representative of the Hispanic Chamber of Commerce; one (1) representative of the National Organization of Women in Construction; one (1) representative of a Women’s Business Organization; one (1) certified minority contractor; one (1) representative of the Associated General Contractors; one (1) representative of the Small Business Development Center; one (1) representative of the Business Loan Fund of the Palm Beaches. On May 20, 2008, the Board of County Commissioners adopted Ordinance 2008-014, which created an additional seat on the Committee. This seat has a designation which allows for representation by a Black Chamber of Commerce. The creation of this seat has increased the membership of the Committee to 14 members. A memo was sent to the Board of County Commissioners on October 30, 2008 which requested nominations to the Committee. The above nominations are being submitted for approval. No other nominations were received. Countywide (TKF)
B. COMMUINTY
SERVICES
(Treasure Coast Health
Council, Inc.)
1.
Staff recommends
motion to approve: appointment
of one (1) new member to Seat No. 9 for a term of two (2) years to the Treasure
Coast Health Council, Inc.:
Nominee Category/Seat No. Term Expire
M. Douglas Sigman Health Care Provider/Seat 9 12/02/08-12/01/10
Summary: The Treasure Coast Health Council, Inc.
consists of 12 members: seven (7) representatives for Palm Beach County; one
(1) member appointed by Indian River County, one (1) member appointed by Martin
County, one (1) member appointed by Okeechobee County, and two (2) members
appointed by St. Lucie County. Appointees shall be representatives of health
care providers, health care purchasers, and non-governmental health care
consumers, not to exclude elected government official. A majority of the Council member must be
health care purchasers and health care consumers and the Council must include a
representative number of persons over 60 years of age. Appointments shall be for a term of two (2)
years and be eligible for reappointment. Countywide (TKF)
DECEMBER 2, 2008
7. BOARD
APPOINTMENTS
B. COMMUINTY
SERVICES (Cont’d)
(Citizens Advisory
Committee on Health & Human Services)
2. Staff recommends
motion to approve: reappointment
of two (2) members to Seats 8 and 11 to the Palm Beach County Citizens
Advisory Committee on Health and Human Services for the term indicated;
|
Nominee |
Category/Seat No. |
Term Expire |
Nominated by: |
|
Dr. Richard
Galeta |
PBC League of
Cities/Seat 8 |
12/02/08-9/30/11 |
Comm. Marcus Comm. McCarty Comm. Koons |
|
Mary (Jill)
Hanson |
Legal Services/ Seat 11 |
12/02/08-9/30/11 |
Comm. Marcus Comm. Koons |
Summary: The Citizens Advisory Committee on Health
and Human Services consists of 11 members with at least one (1) member being a
resident west of the 20 Mile Bend and at least one (1) member being a
representative of the Palm Beach County League of Cities. Founding members were appointed for 1, 2 and
3 year terms with subsequent terms for three (3) years. Resolution R2001-0913 requires the Executive
Committee of the Citizens Advisory Committee to solicit and recommend member
nominations for transmittal to the Board of County Commissioners. The Board of
County Commissioners was notified by memo dated October 13, 2008, when
requested to provide nominations for reappointment. Term dates reflect lapses
in reappointments, which are being corrected by the item. Countywide
(TKF)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 2, 2008
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 2, 2008
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 2, 2008
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
Certificate of Appreciation to Bruce Dawson in recognition of your
foresight and in and in appreciation of your diligent and tireless efforts to
ensure the Jupiter Inlet Lighthouse Outstanding Natural Area became a reality.
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE
11. 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."
November 26, 2008 – 11:30 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
DECEMBER 2, 2008
PAGE ITEM
8 3A-3 REVISED
TITLE & WAITING FOR BACKUP: Staff
recommends motion to approve:
A) Amendment No. 1 to the Business Development
Board of Palm Beach County Inc. (BDB) Five-Year Agreement (R2006-1998) in
accordance with Board direction to reduce the grant amount by 5.4% 5%
or $55,250 $51,605 annually. The total Agreement will be
reduced from $1,032,100 to $976,850 $980,495 annually
beginning FY 2009; and
B)
Modification to the Scope of Services for FY 2009. The Agreement period is from October 1,
2006, through September 30, 2011, and it is in it’s the third
year of the term.
12 3E-1 WAITING FOR BACKUP: Staff
recommends motion to approve: Amendment No. 001 to Standard Agreement No.
IA008-9500 (R2008-0337) for the Older Americans Act (OAA) Program with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. for the period January 1,
2008, through December 31, 2008, increasing the agreement amount by $9,136 for
a new total not to exceed the amount of $1,933,750 for various supportive
services to seniors.
12 3E-2 WAITING FOR BACKUP: Staff recommends motion to approve:
Consulting/Professional Services Contract with Multilingual Psychotherapy
Centers, Inc., for the period October 1, 2008, through September 30, 2009, in
an amount of $16,000, for mental health services for Early Head Start children.
13 3E-3 WAITING FOR BACKUP: Staff
recommends motion to approve: A) Standard Contract for the Brief
Intervention and Treatment for Elders (BRITE) Program with the Florida
Department of Children and Families (DCF) for the period December 1, 2008,
through November 30, 2009, for a total not to exceed the amount of $150,000;
and
13 3E-4 REVISED SUMMARY & WAITING FOR BACKUP: Staff recommends motion to approve: Travel for two (2) Head Start /Early Head Start Policy
Council Members to attend the National Head Start Association, 25th
Annual Parent Training Conference in Atlanta, Georgia, December 13, 2008,
through December 18, 2008, for an estimated cost of $2,695. Summary: Travel approval is requested for Head
Start/Early Head Start Policy Council members Tawania Nubin and Karen Simpson to
attend the National Head Start Association, 25th Annual Parent
Training Conference in Atlanta, Georgia. The grantor agency requires that Head
Start parents and community representatives receive training in order to take
an active role in the program. Alternates
Cynthia Smith and/or Patricia Jacques, will be selected in the event any of the
above named members cannot attend this conference. The estimated cost of $2,695 provides
for conference registration, lodging, ground transportation, airfare and meals
for two (2) participants. Funding consists of $2,155 $2,156
(80%) in Federal funds and $539 (20%) in County funds. (Community Services)
23 3L-7 WAITING FOR BACKUP: Staff recommends motion to: A) approve Interlocal Agreement with the City of Riviera Beach for twenty percent (20%) cost share up to $7,020,000 on the Singer Island Erosion Control Project with reimbursement of eligible project costs retroactive to May 3, 2005;..
23 3L-8 WAITING FOR BACKUP: Staff recommends motion to approve: Task Order No. 0878-02 to a
continuing Contract (R2008-0878) with Humiston and Moore Engineers (Humiston)
in the amount of $123,339 to provide professional coastal design and permitting
services to respond to the Florida Department of Environmental Protection (DEP)
and Fish and Wildlife Service (FWS) Requests for Additional Information (RAI)
in support of the Erosion Control Project (ECP) for Singer Island.
24 3L-9 WAITING FOR BACKUP: Staff recommends motion to: A) receive and file Amendment No. 1 to
Grant No. 06PB2 with the Florida Department of Environmental Protection (FDEP) to
extend the Agreement to June 1, 2010;
33 4D* REVISED TITLE: Proclamation declaring January 12 16,
2009 as “Arbor Day” in Palm Beach County.
(Sponsored by Commissioner Vana)
34 5A* REVISED
MOTION TITLE & SUMMARY & WAITING FOR BACKUP: 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: This is the annual update of the County’s
Five-Year Road Plan which is required to be considered each year by the Five
Year Road Program Ordinance. On November 18, 2008, the Board approved this
Ordinance on preliminary reading. Exhibit “A” to the Ordinance contains the
road projects to be undertaken by the County in the next five years
A) determine that Palm Beach County (County) has adhered
to and implemented its Five-Year Road Program based on substantial evidence
that the funding for the current fiscal year and the addition of the new fifth
year are as contemplated in the Comprehensive Plan and that fewer than 20% of
the FY 2007 construction projects are more than 12 month behind schedule;
B) appprove delaying construction of Okeechobee Blvd.,
Australian Ave. to Tamarind Ave./Parker Ave and Silver Beach Rd. east of
Congress Ave. to Old Dixie Hwy. based on the findings of fact presented by
staff; and
C) 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: In accordance with Traffic Performance
Standards, Article 12, Chapter N, Section 5 of the present Unified Land
Development code requires that concurrent with the adoption of the annual Five-Year
Road Program, the Board of County Commissioners (Board) must determine that the
Findings have been made. The Findings of Fact have been made and are defined in
Attachment “1” to the Agenda Item.
In accordance with Article 12.N.4.B of the Unified Land Development
Code, and prior to the deletion/delay of any construction project from the
County’s Five-Year Road Program, the Board must determine that the Findings of
Fact have been made. The Findings of Fact have been made and are defined in
Attachment “2” to the Agenda Item.
This is the annual update of the County’s Five-Year Road Plan which is
required to be considered each year by the Five-Year Road Program Ordinance. On
November 18, 2008, the Board approved this Ordinance on preliminary
reading. Exhibit “A” to the Ordinance
contains the road projects to be undertaken by the County in the next five (5) years. (Engineering)
36 6D-2* REVISED
TITLE & SUMMARY & WAITING FOR BACKUP: Staff recommends motion to
approve:
A) the originally
agreed to a Reimbursement Agreement with the Village of Wellington (Village)
not to exceed $150,000 for the installation of a traffic signal at the
intersection of Forest Hill Boulevard and Quercus Lane;
B) requiring, as part
of the Agreement, the Village pay for maintaining the traffic signal; and
B) C) a Budget Transfer
of $150,000 in the Transportation Improvement Fund from Reserve for District 6
to Forest Hill Boulevard / and Quercus Lane Intersection Traffic Signal – District
6.
SUMMARY: Approval of tThis
Agreement and Budget Transfer will partially fund the installation of a
non warranted mast arm traffic signal at the intersection of Forest Hill
Boulevard and Quercus Lane. The
Village will be installing the signal after receipt of the funds. The Village Council considered the Agreement
in mid-November, but requested the Agreement be amended to have the Palm Beach
County (County) accept maintenance responsibility. County staff disagrees and feels the County
should not pay for maintenance for a signal that does not meet our installation
standards. Annual maintenance is
expected to be approximately $2,000. (Engineering)
39 6I-1 WAITING
FOR BACKUP: Staff recommends motion to approve on preliminary reading and advertise
for Public Hearing on December 16, 2008 at 9:30 a.m.: an Ordinance of the Board
of County Commissioners of Palm Beach County, Florida, pertaining to the
regulation of nightclubs; providing short title; providing definitions;
providing a security fee; providing additional security measures; providing
enforcement and penalties; providing patron age restrictions; providing police
supervision; providing right of entry for purpose of inspection; providing
exemption; providing for severability; providing for repeal of laws in
conflict; providing for applicability; providing for inclusion in the Code of Laws
and Ordinances; providing captions; and providing an effective date. (PBSO)
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 (*).