ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

FEBRUARY 27, 2007

TUESDAY COMMISSION

9:30 A.M. CHAMBERS

1. CALL TO ORDER

A. Roll Call

B. Invocation

C. Pledge of Allegiance

2. AGENDA APPROVAL

A. Additions, Deletions, Substitutions

B. Adoption

3. CONSENT AGENDA (Pages 7 - 33)

4. PUBLIC HEARINGS - 9:30 A.M. (Page 34)

5. REGULAR AGENDA (Pages 35 - 44)

BOARD OF COUNTY COMMISSIONERS SITTING AS THE SOLID WASTE AUTHORITY (Page 40)

TIME CERTAIN – 10:30 A.M. (Tourist Development Council) (Page 44)

6. BOARD APPOINTMENTS (Pages 45 - 50)

7. STAFF COMMENTS (Page 51)

8. COMMISSIONER COMMENTS (Page 52)

9. ADJOURNMENT (Page 52)

* * * * * * * * * * *

FEBRUARY 27, 2007

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATION

Page 7

3A-1 Municipal Home Rule Powers Act Resolutions from various municipalities

3A-2 Underground electric distribution facilities resolutions from two (2) municipalities

3A-3 Resolution from City of Ft. Lauderdale regarding regional transportation and Resolution by Broward County Commissioners regarding surface water bodies

B. CLERK & COMPTROLLER

Page 8

3B-1 Warrant list

3B-2 Minutes

3B-3 Contracts and claims settlements list

3B-4 Change orders, work task order, minor contracts, final payments from departments

C. ENGINEERING

Page 8

3C-1 Deleted

3C-2 Second Amendment w/Northtree Community Association for Hagen Ranch Rd improvements

3C-3 Agreement with Corzo, Castella, Carballo, Thompson & Salmon for civil engineering services

Page 9

3C-4 Intelligent Transportation System agreement with Kimley-Horn

3C-5 Amendment with Ocean Parks Jupiter Condominium Assoc. for A1A improvements

3C-6 Agreement with Ocean Parks Jupiter Condominium Assoc. for A1A beautification

3C-7 Deleted

Page 10

3C-8 JPA with FDOT for 45^th Street bridge replacement over Florida Turnpike

3C-9 Contract with Custom Built Marine Construction for Point Chosen Fender system repair

3C-10 Amendment No. 2 with FDOT for FHWA road damaged by Hurricane Wilma

3C-11 CIGP Agreement with FDOT for construction of Lyons Road

Page 11

3C-12 Deleted

3C-13 Agreement with Florida Office of Tourism, Trade and Economic Development for off-site roadway improvements associated with Office Depot headquarters

3C-14 Amendment No. 2 with FDOT for Intelligent Transportation System operations facility

3C-15 Assignment of Right to Purchase and Waiver of Claims for Loss of Access in Franklin Park

Page 12

3C-16 Resolution transferring jurisdictional control of Water Tower Road

3C-17 Maintenance Agreement with Cocoa Pine Estates for improvements on Coconut Lane

3C-18 Agreement with Cocoa Pine Estates for beautification on Coconut Lane

3C-19 Agreement with Mizner’s Preserve for traffic control jurisdiction

3C-20 Resolution vacating a 10-foot wide utility easement within Jonathan’s Landing

D. COUNTY ATTORNEY

Page 13

3D-1 Settlement in eminent domain case regarding Cypress Creek Natural Area

E. COMMUNITY SERVICES

Page 13

3E-1 Deleted

3E-2 Contracts for homeless services

3E-3 Contract with DCA for energy assistance

F. AIRPORTS

Page 14

3F-1 Change Order No. 3 with AFCO Constructors, Inc. for Concourse “C” Gate expansion

3F-2 Change Order No. 5 with James A. Cummings, Inc. for Long-Term Parking Garage project

Page 15

3F-3 Change Order No. 1 with ThyssenKrupp Airport Systems for passenger loading bridges

3F-4 Use and Lease Agreement with jetBlue Airways Corp.

FEBRUARY 27, 2007

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 15

3H-1 Contract with Cedars Electro-Mechanical, Inc. for air conditioning installment

3H-2 JOC Work Order with Engineered Environments, Inc. for renovations at Mosquito Control

Page 16

3H-3 JOC Work Order with H.A. Contracting Corp. for replacement bus wash for Palm Tran/Central

3H-4 JOC Work Order with M.A.C. Construction for replacement bus wash for Palm Tran/South

3H-5 Contract with Construction Technology for boat staging docks at Burt Reynolds Park

Page 17

3H-6 First Amendment with Jupiter Medical Center for use of 800 MHz Radio System

3H-7 Mutual Assignment of FCC Licenses with Nextel South Corp.

3H-8 License Agreement with Westgate/Belvedere Homes CRA for office space

Page 18

3H-9 Amendment No. 1 with Knight Electric Company for annual electrical contract

3H-10 Amendment No. 1 with B.K. Electric for annual electrical contract

3H-11 Amendment No. 2 with H.A. Contracting Corp. for UPS system at PBSO

Page 19

3H-12 JOC Work Order with H.A. Contracting Corp. for screen replacement at Judicial Center

3H-13 Contract with Musco Sports Lighting for outdoor lighting at Glades Pioneer Park

3H-14 Amendment No. 3 with H.A. Contracting Corp. for annual general contractor services

Page 20

3H-15 Interlocal Agreement w/City of Lake Worth for wells/transmission lines at John Prince Park

Page 21

3H-16 Lease with Boynton Beach Property Holdings for office space for Community Action Program

3H-17 First Amendment with Dept. of Airports for Division of Head Start office space

3H-18 Amendment No. 3 with Oscar & Catalina Rojas for office space for Palm Tran Connection

Page 22

3H-19 Reallocation of Public Art project funding for Convention Center

I. HOUSING & COMMUNITY DEVELOPMENT

Page 22

3I-1 Agreement with Town of Jupiter for street improvements using CDBG funds

3I-2 Agreement with City of Riviera Beach for street improvements using CDBG funds

Page 23

3I-3 Amendment No. 1 with The Juvenile Transition Center for community service program

3I-4 Amendment No. 1 with Redlands Christian Migrant Assoc. for child care services

3I-5 Amendment No. 1 with Children’s Coalition for after-school program

3I-6 Amendment No. 1 with Aid to Victims of Domestic Abuse for housing and support services

Page 24

3I-7 Interlocal Cooperative Agreement for CDBG Disaster Recovery Initiative with three cities

J. PLANNING, ZONING & BUILDING

Page 24

3J-1 Resolution granting County tax exemption for 1 historic property in City of Delray Beach

Page 25

3J-2 Resolutions granting County tax exemption for 10 historic properties in City of West Palm Bch.

K. WATER UTILITIES

Page 25

3K-1 Release of utility easement on land owned by Lantana Square Outparcel, LLC

3K-2 Amendment to Irrevocable Standby Letter of Credit for The BG Group, LLC

Page 26

3K-3 Reclaimed Water Agreement with Temple Medical, LLC

3K-4 Potable Water & Wastewater Development Agreement with FDOT

3K-5 One (1) Standard Development Agreement and one (1) Renewal Agreement for WUD

FEBRUARY 27, 2007

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 27

3L-1 Agreement for Purchase and Sale for conservation land in Palm Beach Heights

3L-2 Budget Transfers for Cypress Creek Natural Area

M. PARKS & RECREATION

Page 27

3M-1 Resolution dissolving the Okeeheelee Park Citizens Advisory Committee

Page 28

3M-2 Deleted

3M-3 Agreement with Place of Hope for Voices of Hope community event

3M-4 Agreement with Boynton Regional Symphony Orchestra for public concerts

3M-5 School Board Recreation Assistance Program project for Gold Coast School of Choice

3M-6 School Board Recreation Assistance Program project for Atlantic Community High School

3M-7 Independent Contractors Agreements

Page 29

3M-8 CDBG Application for Westgate Park and Recreation Center Splash playground

3M-9 Interlocal Agreement with City of Delray Beach for Old School Square parking garage

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION

Page 29

3Q-1 Budget Transfer/Amendment for technology project

Page 30

3Q-2 Return of $22,145.22 in unexpended funds to U.S. Dept. of Justice

3Q-3 Interlocal Agreement with City of Boynton Beach for Youth Violence Prevention project

3Q-4 Interlocal Agreement w/Florida State University for evaluation of Youth Violence prevention

R. HUMAN RESOURCES - None

S. FIRE RESCUE - None

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 Grant with Department of Health for Sexual Violence Prevention

3X-2 Three (3) standard agreements for veterinary services

3X-3 Two (2) standard grant agreements with Florida Department of Community Affairs

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

AA. PALM TRAN - None

BB. MEDICAL EXAMINER

Page 32

3BB-1 Five (5) standard interim associate medical examiner agreements

FEBRUARY 27, 2007

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

CC. SHERIFF

Page 32

3CC-1 Budget Transfer in LETF for Florida FBI National Academy Conference

Page 33

3CC-2 Amendment to National Institute of Justice “DNA Backlog Reduction Program” Agreement

DD. SUPERVISOR OF ELECTIONS

Page 33

3DD-1 Precinct boundary changes

PUBLIC HEARINGS - 9:30 A.M.

Page 34

4A All Terrain Vehicle (ATV) Operation on Unpaved Roadways Ordinance

REGULAR AGENDA

ADMINISTRATION

Page 35

5A-1 Gardiner Lane Transfer

5A-2 Draft FY ’08 Federal Legislative Program

5A-3 Budget Transfer for two (2) Grand Jury investigations

5A-4 Contract with L&M J Consulting (Michael Jackson) for general administration in the Glades

Page 36

5A-5 Recommendation of the Budget Advisory Committee to set spending limit on 2008 budget

COUNTY ATTORNEY

Page 36

5B-1 Resolution authorizing Variable Rate Demand Revenue Bonds for Comprehensive Community Care Network, Inc.

COMMUNITY SERVICES

Page 36

5C-1 Contract with Haitian American Community Council for services to new immigrants

FACILITIES DEVELOPMENT & OPERATIONS

Page 37

5D-1 Interlocal Agreement with City of Riviera Beach for improvements to City Marina

Page 38

5D-2 Tri-Party Agreement with City of Riviera Beach and Lockheed Martin Corp. for construction of fishing pier and water taxi facility

Page 39

5D-3 Agreement for Purchase and Sale with Solid Waste Authority for 40.88 acres in Ag Reserve

BOARD OF COUNTY COMMISSIONERS SITTING AS THE SOLID WASTE AUTHORITY

Page 40

Agreement for Purchase and Sale with Board of County Commissioners for 40.88 acres in Ag Reserve

PALM TRAN

Page 41

5E-1 Palm Tran Ten Year 2006-2016 Transit Development Plan

HOUSING & COMMUNITY DEVELOPMENT

Page 41

5F-1 Creation of one (1) full-time Principal Housing Planner position

FEBRUARY 27, 2007

TABLE OF CONTENTS

REGULAR AGENDA CONTINUED

CLERK & COMPTROLLER

Page 42

5G-1 Budget Transfer to supplement the 2007 Value Adjustment Board budget

INFORMATION SYSTEMS SERVICES

Page 42

5H-1 Agreement for Inter-Agency Cooperation in establishing a Wide Area Wireless Communications System

5H-2 Interlocal Agreement with School District for shared use of Wide Area Network

PARKS & RECREATION

Page 43

5I-1 Reallocation of $4,000,000 in the 2002 $50M Recreational and Cultural Bond referendum

TOURIST DEVELOPMENT COUNCIL

Page 44

5J-1 Tourist Development Council and Divisions Issues: Time Certain - 10:30 A.M.

BOARD APPOINTMENTS (Pages 45 - 50)

STAFF COMMENTS (Page 51)

COMMISSIONER COMMENTS (Page 52)

ADJOURNMENT (Page 52)

FEBRUARY 27, 2007

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. Staff recommends motion to receive and file:

A) Resolution No. R07-013 by the City Commission of the City of Boynton Beach, supporting and endorsing the principals of the Municipal Home Rule Powers Act;

B) Resolution No. 2007-01 by the City Council of the City of Greenacres, supporting and endorsing the principals of the Municipal Home Rule Powers Act;

C) Resolution No. 006-04 by the Town Commission of the Town of Gulf Stream, supporting and endorsing the principals of the Municipal Home Rule Powers Act; and

D) Resolution No. 2007-02 by the Village Council of the Village of North Palm Beach, supporting and endorsing the principals of the Municipal Home Rule Powers Act;

2. Staff recommends motion to receive and file:

A) Resolution No. R1-07 by the Town Council of the Town of Palm Beach, supporting the conversion of overhead electric distribution facilities to underground facilities and encouraging the Florida Public Service Commission to implement all reasonable measures to encourage the conversion of electric distribution facilities to underground facilities; and

B) Resolution No. R-4-07 by the Town Commission of the Town of Palm Beach Shores, supporting the conversion of overhead electric distribution facilities to underground facilities and encouraging the Florida Public Service Commission to implement all reasonable measures to encourage the conversion of electric distribution facilities to underground facilities.

3. Staff recommends motion to receive and file:

A) Resolution No. 06-212 by the City Commission of the City of Fort Lauderdale, Florida, in support of the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the Florida East Coast Corridor Area, to expand local and regional passenger service in that Area to meet the growing transit needs and complement freight industry growth in the Southeast Florida area; and

B) Resolution No. 2006-875 by the Board of County Commissioners of Broward County, Florida, opposing actions by the Florida Legislature or agencies of the State of Florida to amend the Designated Uses and Classification of Surface Water Bodies in a manner which lowers water quality standards or allows degradation of the quality or retention of the waters of Broward County.

FEBRUARY 27, 2007

3. CONSENT AGENDA APPROVAL

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

Child Care Facilities October 3, 2006

Regular October 3, 2006

Budget Public Hearing September 21, 2006

Child Care Facilities November 21, 2006

Regular November 21, 2006

Zoning November 27, 2006

Workshop December 12, 2006

3. Staff recommends motion to approve: Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller=s Office. Countywide

4. Staff recommends motion to receive and file: change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Department; and the Department of Airports during December 2006. Countywide

C. ENGINEERING & PUBLIC WORKS

1. DELETED

2. Staff recommends motion to approve: a Second Amendment to the Financial Assistance Agreement (R2005-0033) with Northtree Community Association (Association) for an extension of the completion date for improvements in and along the County’s Hagen Ranch Road. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed a maximum of $25,000, to the Association for the planned improvements in and along the County’s Hagen Ranch Road from the L-20 Canal to the Association’s north property line. This Second Amendment with the Association will extend the completion date from December 31, 2006 to December 31, 2007. The completion of the improvements has been delayed due to Hurricane Wilma and unforeseen difficulty in obtaining a water use permit from the South Florida Water Management District. District 3 (MRE)

3. Staff recommends motion to approve: an Agreement with Corzo, Castella, Carballo, Thompson & Salmon, P.A. (C3TS), to provide the necessary professional services for civil engineering services on a task order basis, for Countywide projects, as required. SUMMARY: This Agreement will provide the necessary professional services for civil engineering services throughout the County for all user departments. At the option of the County, this Agreement will be renewed annually for a period of one (1) year, with a maximum of two (2) renewals. Countywide (PFK)

FEBRUARY 27, 2007

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

4. Staff recommends motion to approve: the renewal of the Intelligent Transportation System Annual Agreement with the following firm:

Original

Firm Name Agreement Date Resolution No.

Kimley-Horn and Associates, Inc. February 28, 2006 R2006-0310

SUMMARY: This Agreement is being considered for renewal for required professional services, on a task order basis. Countywide (PFK)

5. Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2006-1233) with Ocean Parks Jupiter Condominium Association (Association) for an extension of the completion date for the installation of improvements. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed $25,000, to the Association for the Association’s effort to install improvements on Association property along A1A from 725 feet north of Indiantown Road to 1,875 feet north of Indiantown Road. This Amendment with the Association will extend the completion date from March 31, 2007 to March 31, 2008, as requested by the Association, and establishes that the improvements are to be located in the road right-of-way and not on Association property. The completion of the improvements has been slowed due to a Town of Jupiter project occurring at this location. District1 (MRE)

6. Staff recommends motion to approve:

A) a Financial Assistance Agreement with Ocean Parks Jupiter Condominium Association, Inc. (Association) to provide reimbursement funding not-to-exceed $125,000; and

B) a Budget Transfer of $125,000 in the Transportation Improvement Fund from Reserve for District 1 to County A1A from 725 feet north of Indiantown Road to 1,875 feet north of Indiantown Road.

SUMMARY: This Agreement provides funding to reimburse the Association up to a maximum of $125,000 of the cost to install beautification along the County’s right-of-way for County A1A from 725 feet north of Indiantown Road to 1,875 feet north of Indiantown Road. The Association will be responsible for the perpetual maintenance of these improvements. District 1 (MRE)

7. DELETED

FEBRUARY 27, 2007

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

8. Staff recommends motion to:

A) approve a Joint Participation Agreement (JPA) with the State of Florida Department of Transportation (FDOT) concerning the construction and funding of the 45^th Street bridge replacement over the Florida Turnpike; and

B) adopt a Resolution authorizing this JPA with the FDOT.

SUMMARY: Through this Agreement, FDOT will provide the County a lump sum of $3,700,000 as its share of the cost for design, construction and inspection of the replacement bridge, including, but not limited to the additional span length required to accommodate an eight-lane future Turnpike facility. In addition, this Agreement addresses the necessary cooperation, coordination and responsibilities for FDOT and the County to design and construct the 45^th Street Bridge. Districts 6 & 7 (MRE)

9. Staff recommends motion to approve: a Contract with Custom Built Marine Construction, Inc., the lowest responsive, responsible bidder, in the amount of $131,592.97, for Point Chosen Fender system repair. SUMMARY: The construction plans consist of all work necessary to replace piles, whalers and decking for a portion of the fender system for the Point Chosen Swing Bridge located over the Rim Canal on the eastern side of Lake Okeechobee. The Small Business Enterprise (SBE) goal for the project is 15%. The low bidder, Custom Built Marine Construction, Inc., failed to meet the SBE goal for this project. The second low bidder, Coastal Marine Construction, Inc., also failed to meet the SBE goal. The third low bidder, Abhe & Svoboda, Inc., met the SBE goal, but their bid falls outside the limit for ranking of responsive bidders’ consideration. District 6 (MRE)

10. Staff recommends motion to approve: Amendment No. Two to the Joint Participation Agreement (R2006-0818), dated June 9, 2006, with the Florida Department of Transportation (FDOT), to reimburse Palm Beach County (County) for damage to Federal Highway Administration (FHWA) Federal Aid System roads caused by Hurricane Wilma. SUMMARY: This Second Amendment disburses to the County an additional amount of $752,627, bringing the total County claim to $3,747,034. Countywide (MRE)

11. Staff recommends motion to:

A) approve a County Incentive Grant Program (CIGP) Agreement with the State of Florida Department of Transportation (FDOT), in the amount of $2,850,000 ($350,000 for design and $2,500,000 for right-of-way acquisition), for the new construction of Lyons Road from north of SR-806/Atlantic Avenue to south of SR-804/Boynton Beach Boulevard;

B) adopt a Resolution concerning this Agreement; and

C) approve a Budget Amendment of $2,850,000 in the Road Impact Fee Fund - Zone 5 to recognize a County Incentive Grant Agreement with the Florida Department of Transportation and appropriate it to Lyons Road from north of Atlantic Avenue to south of Boynton Beach Boulevard.

SUMMARY: Through this Agreement, the County will receive a grant of $2,850,000 ($350,000 for design and $2,500,000 for right-of-way acquisition) from the CIGP to design and acquire right-of-way for the new construction of Lyons Road from north of SR-806/Atlantic Avenue to south of SR-804/Boynton Beach Boulevard. The County will be responsible for all costs above this grant. District 5 (MRE)

FEBRUARY 27, 2007

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

12. DELETED

13. Staff recommends motion to:

A) approve an Agreement with the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) to receive $2,000,000 for off-site roadway improvements associated with the new Office Depot headquarters;

B) adopt a Resolution accepting future maintenance of the roadway improvements that are within the County right-of-way; and

C) approve a Budget Amendment of $2,000,000 in the Transportation Improvement Fund to recognize a grant of Economic Development Transportation Funds from OTTED and appropriate it to Office Depot Headquarters - Off Site Roadway Improvements.

SUMMARY: This Agreement will allow Palm Beach County to receive Economic Development Transportation Funds (EDTF) from OTTED for off-site roadway improvements required for the Office Depot headquarters. At a later date, there will be an Agreement with the developer of the Office Depot headquarters for payment of funds to the developer for the improvements. The Resolution accepting maintenance responsibility for the improvements is a requirement of the OTTED Agreement. District 4 (MRE)

14. Staff recommends motion to:

A) approve Amendment Number Two to an Advance/Reimbursement Agreement previously approved under Resolution No. 2003-0312, with the Florida Department of Transportation (FDOT), which provided funding towards design, construction and construction administration associated with the Intelligent Transportation System (ITS) Operations Facility, at the County’s Vista Center Facility; and

B) adopt a Resolution authorizing Amendment Number Two to the Advance/Reimbursement Agreement.

SUMMARY: This Amendment will allow FDOT to reimburse the County for the costs to furnish the offices at the ITS Operations Facility by reallocating funds within the previously approved Advance/Reimbursement Agreement in the amount of $150,000. The current Advance/Reimbursement Agreement allows FDOT to reimburse the County for the costs of design, construction and construction administration associated with the ITS Operation Facility in the newly constructed County building located at the Vista Center, Parcel 22, District 2 (MRE)

15. Staff recommends motion to approve: an Assignment of Right to Purchase and Waiver of Claims for Loss of Access.