ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 10, 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 - 46)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 47)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 48)
6. REGULAR
AGENDA (Pages 49 - 51)
7. BOARD
APPOINTMENTS (Pages 52 – 56)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 57)
9. STAFF
COMMENTS (Page 58)
10. COMMISSIONER
COMMENTS (Page 59)
11. ADJOURNMENT (Page 59)
* * * * * * * * * * *
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Municipal
Home Rule Powers Act Resolution from City of West Palm Beach
3A-2 Consumer
Choice Act of 2007 Resolutions from various municipalities
3A-3 Florida
East Coast Corridor Resolution from City of Hollywood, Florida
3A-4 Contract
with FEMA for the Hazard Mitigation Grant Program
Page 8
3A-5 Escrow
Agreement with The Scripps Research Institute and U.S. Bank
3A-6 Memorandum
of Agreement between City of Miramar and PBSO
3A-7 Contract
with Florida Atlantic University for Strategic Economic Development Plan
3A-8 Budget
transfers/amendment for the Schall Circle Neighborhood Park project
Page 9
3A-9 Grant
Agreement with Lake Okeechobee Regional Economic Alliance
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
Page 10
3B-4 Change
orders, work task orders, minor contracts, final payments during January 2007
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Contract
with Lanzo Lining Services for Loxahatchee River Rd and Eagle’s Nest culverts
3C-2 Amendment
No. 3 with FDOT for widening and resurfacing of Okeechobee Blvd.
3C-3 Subordination
of Utility Interests from Seacoast Utility Authority for parcel of land on
Military Tr.
Page 11
3C-4 Resolution
declaring acquisition of Parcel GW-01 for Gateway Blvd & Congress Ave intersection improvements
3C-5 Budget
Transfer for Edgehill Road, Upland Way and Westchester Drive speed humps
3C-6 JPA
with City of West Palm Beach for traffic signal at Broadway & 49th
Street
3C-7 Research
Agreement with UF for Traffic Crash Data Entry, Query, Reporting, Mapping
System
Page 12
3C-8 Agreements
with Keshavarz & Associates and Last Devenport for civil engineering
services
3C-9 Agreement
with Civil Design, Inc. for design of projects for MSTU Districts “A” – “E”
3C-10 Landscape Architectural
Service Agreement with Land Stewardship Company
3C-11 First Amendment with UF for
Traffic Crash Data Entry, Query, Reporting, Mapping System
3C-12 Contract with Florida
Blacktop, Inc. for annual concrete bus stop pad construction
Page 13
3C-13 Agreement with Roy-Fisher
Associates for landscape architectural services
3C-14 Resolution amending special
assessment for Sutton Terrace
3C-15 Resolution vacating drainage
and utility easements within Sherbrooke Center Replat
Page 14
3C-16 Budget transfers/amendment for
Only Trees, Irrigation & Sod Program
3C-17 Resolution vacating 12 foot
wide utility easement within Lot 26, Boca Hamlet
3C-18 Resolution transferring
jurisdictional control to City of Delray Beach for Jefferson Rd
3C-19 JPA with Village of Wellington
for utility adjustments along Greenview Shores Blvd
Page 15
3C-20 Contract with Seacoast, Inc.
for Boca Club Bascule Bridge maintenance and repair
3C-21 Deleted
3C-22 Agreement with Journey’s End
Homeowners Association for traffic control jurisdiction
3C-23 Tender Agreement with Carolina
Casualty Company, J.W. Cheatham and Petro Hydro, Inc. relating
to SR 80 & Forest Hill Blvd intersection improvements
Page 16
3C-24 Budget transfers for a County Industrial Land Study
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
D. COUNTY ATTORNEY
Page 16
3D-1 Settlement
Agreement in the personal injury case of Janos Varga
3D-2 Proposal
for settlement in the personal injury case of Connie Rae Vangorder
3D-3 Agreement
for bond council services with Holland & Knight, LLP
E. COMMUNITY SERVICES - None
F. AIRPORTS
Page 16
3F-1 Utility
Easement Agreement with FPL within PBIA
Page 17
3F-2 Change
Order No. 5 with David Brooks Enterprises for Administration Building
3F-3 Agreement
for Cancellation of lease with Florida Department of Juvenile Justice
Page 18
3F-4 Resolution
approving standard Executive Hangar Lease Agreement
3F-5 Access
Agreement with URS Southern Corp. and FDEP relating to the former Servico Landfill
3F-6 First
Amendment with Kaplan, Kirsch & Rockwell for consulting/professional
services
3F-7 Receive
and file standard agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 19
3G-1 Stipulated
Settlement in the case of Clemente Rodriquez for code enforcement lien
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 Amendment
No. 2 with H.A. Contracting Corp. for annual general contractor services
3H-2 Agreement
with U.S. Dept. of Homeland Security for County’s 800 MHz radio system
Page 20
3H-3 First
Amendment with Solid Waste Authority for County’s 800 MHz radio system
3H-4 Planning
Funding Agreement with Nextel Operations for Phase II related to 800 MHz radio
3H-5 CSA
No. 5 with Hanson Professional Services for additional engineering services
Page 21
3H-6 Change
Order No. 35 with The Weitz Company for South County Courthouse modifications
3H-7 Change
Order No. 4 with Republic Construction & Development for Fire Rescue
Station 41
3H-8 CSA
No. 9 with STH Architectural Group for design of the new Mid-County Head Start
Center
Page 22
3H-9 Budget
transfers to reallocate funding for five (5) projects
3H-10 Extension of Lease Agreement with Floral Acres for 38 acres in Ag
Reserve
Page 23
3H-11 Easement in favor of Lake Worth Drainage District relative to South
County Regional Park
3H-12 Declaration of Easement relative to the Vista Office Complex
3H-13 Declaration of Easement relative to the Operations & Support
Center @ Vista Center
Page 24
3H-14 Resolution conveying County’s interest in two (2) vacant parcels to
the City of Delray Beach
3H-15 Utility Easement Agreement in favor of FPL for Sheriff’s substation
on Jog Road
Page 25
3H-16 Resolution conveying County’s interest in 0.07 acres to City of
Belle Glade
3H-17 Extension of Sublease Agreement with DMS and FDOT for use of 800 MHz
Tower
Page 26
3H-18 Extension of Lease Agreement with Bedner Farm, Inc. for 246 acres
for agricultural use
3H-19 Declaration of Easement relative to Mecca Property
3H-20 Utility Easement Agreement in favor of FPL relative to Burt Reynolds
Park
3H-21 Utility Easement Agreement in favor of Town of Jupiter relative to
Burt Reynolds Park
Page 27
3H-22 Extension of Lease Agreement with Jewish Community Facilities Corp.
for use of 1,770 sq. ft. building
in unincorporated Boca Raton
3H-23 Temporary Construction Easement in favor of FDOT at Canal Point
Community Park
3H-24 BMC Replat No. 2
3H-25 Utility Easement Agreement in favor of FPL relative to Vista Center
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 28
3H-26 Agreement for Exchange with South Florida Water
Management District for property located south of SR 80 and L-7
Levee and east of County Road 880
I. HOUSING & COMMUNITY DEVELOPMENT
Page 29
3I-1 Sixth
Amendment to State Housing Initiative Partnership Local Housing Assistance Plan
J. PLANNING, ZONING & BUILDING
Page 30
3J-1 Resolution
granting a County tax exemption for 1 historic property in City of West Palm
Beach
3J-2 Resolutions
granting 5 County tax exemptions for 4 historic properties in Town of Palm
Beach
K. WATER UTILITIES
Page 31
3K-1 CSA
No. 3 with CH2M Hill for Asset Management & Maximo Coordination project
3K-2 Resolution
revising sections of the Uniform Policies and Procedures Manual
3K-3 Work
Authorization No. 1 with Foster Marine Contractors for Century Village
Reclaimed Water
Page 32
3K-4 First
Amendment to Standard Development Agreement with Boynton Beach Associates
3K-5 Receive
and file four (4) standard agreements for WUD
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Budget
amendments/transfers for sale of land to Solid Waste Authority
Page 34
3L-2 Amendment
No. 1 with FDEP for projects within the Chain of Lakes system
3L-3 Loxahatchee
River Preservation Initiative Contract with SFWMD for Limestone Creek project
M. PARKS & RECREATION
Page 35
3M-1 Agreement
with City of Riviera Beach for Back to School Give-A-Way event
3M-2 Agreement
with Armory Art Center for 2007 Summer Art Camp program
3M-3 Agreement
with Bangladesh Association for 2007 Asian Food Fair
3M-4 Agreement
with Towards a More Perfect Union for Community Youth program
3M-5 Agreement
with Community Child Care Center for Beacon Center Media Club Teen program
3M-6 Agreement
with City of West Palm Beach for Kaleidoscope 2007 event
Page 36
3M-7 Agreement
with Florence Fuller Child Development Centers for After School program
3M-8 Agreement
with Compass for 2006 Pridefest Festival
3M-9 Agreement
with ASPIRA of Florida for Media Art Literacy – Mural project
3M-10 Agreement with Knights of Pythagoras Mentoring Network for Y2K ’06
Tennis Jamboree
3M-11 School Board RAP project for Cypress Trails Elementary sound system
Page 37
3M-12 School Board RAP project for Loxahatchee Groves Elementary special
needs playground
3M-13 School Board RAP project for Timber Trace Elementary for playground
equipment
3M-14 First Amendment with The Acreage Athletic League for uniforms and
equipment
3M-15 First Amendment with Morikami, Inc. for semi-permanent tent
structure
Page 38
3M-16 Executed Independent Contractor Agreements
3M-17 District 5 RAP allocation for soccer summer camp program fees
Page 39
3M-18 Agreement with City of Boynton Beach for Little League Park field
improvements
3M-19 Resolution approving Florida Fish and Wildlife Conservation
Commission grant for Moroso Park boating improvement
project
Page 40
3M-20 Budget Transfer for Phil Foster Park boat ramp improvements
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
N. LIBRARY
Page 40
3N-1 Read
Down Your Fines amnesty program for children
P. COOPERATIVE EXTENSION SERVICE
Page 40
3P-1 Amendment
No. 1 with Ray’s Heritage processing and packaging facility in Belle Glade
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 40
3S-1 Receive
and file standard agreements for Fire Rescue
Page 41
3S-2 Extension
of 2005-2006 State Homeland Security Grant Program MOU
3S-3 Write-off
of uncollectible Fire Rescue receivables
3S-4 Interlocal
Agreement relating to sale of Fire Rescue vehicle and equipment
3S-5 First
Amendment with City of Belle Glade for provision of fire protection and
emergency medical services
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 42
3X-1 Agreement
with Boca Raton Community Hospital for medical decontamination equipment
3X-2 Agreement
with Xavier Garcia for veterinary services
3X-3 Agreement
with Palm Beach County Medical Society for training to Special Medical Response
Team
3X-4 Contract
with FDCA for grant funds to update Emergency Management Plan
3X-5 Executed
agreement under the Ft. Lauderdale Urban Areas Security Initiative
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 43
3AA-1 Agreement with SunFest to provide shuttle service to SunFest 2007
event
BB. SHERIFF
Page 43
3BB-1 Grant for Florida’s Domestic Security Strategic Plan from Dept. of
Law Enforcement
3BB-2 Grant Adjustment Notice amending Regional Domestic Security Task
Force grant
3BB-3 Grant Adjustment Notice amending “DNA Capacity Enhancement Program”
grant
Page 44
3BB-4 Grant Adjustment Notice amending “Solving Cold Cases with DNA
Program” grant
3BB-5 Grant Adjustment Notice amending “Paul Coverdell National Forensic
Sciences Improvement Act” grant
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB.
SHERIFF (Cont’d)
Page 45
3BB-6 Budget transfer to various prevention and reduction of crime
programs
3BB-7 National Institute of Justice “DNA Capacity Enhancement Program”
Cooperative Agreement
Page 46
3BB-8 Grant Adjustment Notice amending Regional Domestic Security Task
Force grants
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 47
4A One of the 100 Best Communities for Young
People
4B Child Abuse Prevention Month
4C Fair Housing Month
4D Pets are Wonderful Month
4E Water Conservation Month
4F Drowning Prevention Awareness Month
4G Victims’ Rights Week
4H Sexual Assault Awareness Month
4I Certificate of Appreciation to Vivian
Palmer
4J Yom Hashoah Remembrance Day
4K Days of Remembrance of the Victims of the
Holocaust
4L Public Safety Telecommunicators Week
PUBLIC HEARINGS - 9:30 A.M.
Page 48
5A Amended
Certificate of Public Convenience and Necessity for Barton Protection Services
5B Budget
amendments/transfers to adjust FY 2007 budgets
REGULAR AGENDA
ADMINISTRATION
Page 49
6A-1 Presentation
of the 2007 Legislative Session update
6A-2 Criminal
Justice Commission’s Executive Director selection
COMMUNITY SERVICES
Page 49
6B-1 Contract
with Haitian American Community Council for services to refugees and immigrants
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 50
6C-1 Procedures
for Selection and Rotation of Disclosure Council regarding bond issues
6C-2 Resolution
authorizing issuance Convention Center Hotel project bonds
HOUSING
& COMMUNITY DEVELOPMENT
Page 51
6D-1 Repayment
to the Robert E. Pinchuck Memorial Housing Trust Fund
SHERIFF
Page 51
6E-1 Budget
Transfer for purchase replacement vehicles
BOARD
APPOINTMENTS (Pages 52 - 56)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 57)
STAFF
COMMENTS (Page 58)
COMMISSIONER
COMMENTS (Page 59)
ADJOURNMENT (Page 59)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution No. R80-07 by the City Commission of the City of West Palm Beach, supporting and endorsing the principals of the Municipal Home Rule Powers Act.
2. Staff recommends motion to receive and file: Resolutions by the following municipalities expressing opposition to House Bill 529 (H529), known as the “Consumer Choice Act of 2007”, urging Florida Legislature representatives to refrain from any form of support or co-sponsorship of H529 and to vote in opposition to H529, requesting Governor Crist to advise the House and Senate leadership that he does not support H529 in advance of the opening of the 2007 Regular Session:
A) City of Boca Raton (Resolution No. 20-2007);
B) City of Delray Beach (Resolution No. 15-07);
C) Town of Juno Beach (Resolution No. 2007-6);
D) Town of Lake Clarke Shores (Resolution No. 07-04)
E) Town of Ocean Ridge (Resolution No. 2007-03); and
F) Town of Palm Beach (Resolution No. 10-07)
3. Staff recommends motion to receive and file: Resolution No. R2007-65 by the City Commission of the City of Hollywood, 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 areas to expand local and regional passenger services in that area to meet the growing transit needs and complement freight industry growth in the southeast Florida area.
4. Staff recommends
motion to approve:
A) entering into a Contract with Federal
Emergency Management Agency (FEMA) for a grant to complete the design of
drainage improvements as part of the Hazard Mitigation Grant Program; and
B) Budget
Amendment of $48,750 in the Capital Outlay Fund to recognize funding from FEMA
for the Hazard Mitigation Grant and appropriate it to Grove Street Outfall
(Briarwood). Additionally, a $1,300
administrative cost allowance may be received increasing the Grant amount to
$50,050.
Summary: FEMA has approved a Phase I
Grant in the amount of $48,750 for the design of a drainage system serving the
Grove Street area located along Military Trail between Southern Boulevard and
Belvedere Road. The grant requires a 25%
cost share with the County, meaning the total design cost is $65,000. Additionally, a Phase II Grant for
construction of the drainage facilities has been approved contingent upon the
cost-benefit ratio meeting FEMA’s requirements after the completion of the
design. The Phase II approval will be brought back to the Board at the
conclusion of the Phase I contract. District
6 (MJ)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
5. Staff recommends
motion to approve: an Escrow Agreement with The Scripps Research
Institute (Scripps) and U.S. Bank. SUMMARY: On May 2, 2006, the Board approved a Grant
Agreement with Scripps (R2006-0803). The
Grant Agreement requires Scripps to establish an escrow account and to deposit
$5,000,000 in the account. The County
has the right to withdraw funds from the escrow account under certain limited
circumstances. Countywide (LMB)
6. Staff recommends
motion to receive and file: original
executed Memorandum of Agreement between the City of Miramar and the
Palm Beach County Sheriff’s Office for the Ft. Lauderdale Urban Area Security
Initiative (UASI) FY2006 Grant Program for a total grant amount of
$1,684,487. SUMMARY: This grant agreement was accepted by the BCC
on December 19, 2006 (Agenda Item 3BB2), subsequently the agreement was fully
executed. The agreement provides $698,600
in reimbursable funding for various direct law enforcement oriented domestic
security activities and $985,887 in reimbursable funding for Regional Security projects,
effective until January 31, 2008. Countywide (DW)
7. Staff recommends
motion to approve: a $35,010
Contract with Florida Atlantic University Board of Trustees (FAU) commencing
retroactively on April 1, 2007 and ending September 30, 2007 to establish
measurable benchmark performance standards and assess businesses and citizens
input of the County's Strategic Economic Development Plan. This Contract is
currently funded in the Department’s 2006-2007 fiscal year budget. SUMMARY:
In fiscal years 2005 and 2006, FAU
assisted in the production of a phased
economic development planning process and in the update of the County's
Strategic Economic Development Plan. The
proposed $35,010 Contract with FAU will assist in the implementation of the
County’s adopted Strategic Economic Plan. The scope of services outlined for this
Contract is to: a) establish a monitoring system of the Palm Beach County
Strategic Economic Development Plan (SEDP) action items within the five (5) strategic
directions of prosperity, sustainability, quality of life, equity &
education, and positioning; b) identify
a process for confirming the lead agency and partner agency participation for
each SEDP action item; c) work with lead
agencies and the Economic Development Office to identify potential funding
sources to implement the Palm Beach County SEDP; d) establish focus groups, identify
participants, set up process for input gathering and for progress assessment on
each action item; and f) provide quarterly updates on the progress of the SEDP
implementation and assessment. Countywide
(DW)
8.