ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 19, 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 6 - 33)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 34 - 36)
5. REGULAR
AGENDA (Pages 37 - 40)
TIME
CERTAIN – 11:00 A.M. (Consulate of Finland)
(Page 37)
TIME
CERTAIN – 2:00 P.M. (Let Us Vote Committee) (Page 38)
6. BOARD
APPOINTMENTS (Pages 41 - 42)
7. STAFF
COMMENTS (Page 43)
8. COMMISSIONER
COMMENTS (Page 44)
9. ADJOURNMENT (Page 44)
* * * * * * * * * * *
JUNE 19, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Resolution
by Miami-Dade Board of County Commissioners regarding SFRTA
3A-2 Golf
Tournament Agreement with Trump International for charitable golf tournament
3A-3 Agreement
with City of South Bay for street repairs to S.W. 7th Avenue
3A-4 Reimbursement
of attorney’s fee and cost for defending ethics complaint
3A-5 Agreement
with Bryan Boysaw & Associates for CDBG funds
Page 7
3A-6 Payment
to Florida Association of Counties for County Pre-Emption issues
3A-7 Agreement
with Florida Turbine Technologies, Inc. for ad valorem tax exemption
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 State
Revenue Sharing Application for FY 2007-2008
3B-5 Change
orders, work task orders, minor contracts, final payments for various
departments
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Deleted
3C-2 Deleted
3C-3 Payment
to Seacoast Utility Authority for relocation of potable water interconnect
metering
3C-4 Budget
Transfer to the Hagen Ranch Road project right turn lane
3C-5 Renewal
of three (3) testing lab services annual agreements
3C-6 Budget
Transfer to Gulfstream Road speed humps
3C-7 Amendment
to Drainage Easement Agreement for Okeechobee Blvd improvements
Page 9
3C-8 Agreement
with Valencia Isles Homeowners Assoc. for irrigation/sod improvements
3C-9 Task
agreements for engineering, surveying, permitting services for bridge over the
“M” Canal
3C-10 Deleted
3C-11 Agreement with Lucerne Homes East Homeowners for beautification/lighting
improvements
D. COUNTY ATTORNEY
Page 10
3D-1 Resolution
establishing an application fee, financial fee and attorney fee for industrial development/private activity bonds,
refundings and refinancings
3D-2 Settlement
in eminent domain case vs. Michael Martin, et. al.
E. COMMUNITY SERVICES
Page 10
3E-1 Amendment
No. 1 with Adopt-A-Family for homeless services
Page 11
3E-2 Amendment
No. 1 with The Center for Family Services for emergency shelter services
3E-3 MOA
with United Way and Disaster Recovery Coalition for disaster recovery services
3E-4 Contract
with Caregiver Services for LPN and HHA on-call adult day care services
Page 12
3E-5 Minority
AIDS Initiative Grant Application with Dept. of Health & Human Services
F. AIRPORTS
Page 12
3F-1 Change
Order No. 10 with James A. Cummings for PBIA long term parking garage
3F-2 Change
Order No. 8 with AFCO Constructors for Concourse C gate expansion
3F-3 Receive
and file two (2) standard agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Certification
of the non ad valorem assessment roll
3G-2 Bond
Counsel and Disclosure Counsel for $165M Public Improvement Revenue Bonds
JUNE 19, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Second
Amendment with Village of Wellington for fuel control reader
Page 14
3H-2 Amendment
No. 2 with B.K. Electric, Inc. to annual electrical contract
3H-3 Amendment
No. 2 with Knight Electric Company to annual electrical contract
3H-4 Amendment
No. 2 with C.R. Dunn, Inc. to annual electrical contract
Page 15
3H-5 Contract
with Hi-Tech Roofing & Sheetmetal, Inc. for annual roofing services
3H-6 Contract
with Murton Roofing Corp. for annual roofing services
3H-7 Contract
with Roofing Concepts Unlimited/Florida for annual roofing services
Page 16
3H-8 Contract
with H.A. Contracting Corp. for Job Order contract – North
3H-9 Contract
with All-Site Construction, Inc. for Job Order contract – South
3H-10 Contract with Paragon Construction Unlimited, Inc. for Job Order
contract – South
3H-11 Contract with Holt Contractors, Inc. for Job Order contract – North
Page 17
3H-12 Contract with West Construction, Inc. for Job Order contract –
Central
3H-13 Contract with M.A.C. Construction, Inc. for Job Order contract –
Central
3H-14 Amendment No. 11 with Centex Construction for construction
management services
3H-15 Amendment No. 3 with BRPH Architects-Engineers, Inc. for MEP, HVAC,
IAQ & engineering
Page 18
3H-16 Amendment No. 3 with Gartek Engineering Corp. for MEP, HVAC, IAQ
& engineering
3H-17 First Amendment with FAU for use of County’s 800 MHz radio system
3H-18 First Amendment with Town of Lake Clarke Shores for radio
maintenance services
3H-19 Sixth Amendment with New Cingular Wireless PCS for tower site at
20-Mile Bend
Page 19
3H-20 Conveyance of 0.07 acres to the City of Belle Glade
3H-21 Declaration of Easement for potable water line for Fire Rescue
Station No. 48
3H-22 Concessionaire Service Agreement with Procell Watersports at
Okeeheelee Park
Page 20
3H-23 Agreement for purchase and sale for 0.47 acre parcel adjacent to
Westgate Park
3H-24 Second Amendment/Reinstatement of Lease Agreement with School Board
Page 21
3H-25 Deposit Receipt and Contract for sale and purchase for .26+/- parcel
in Lake Worth
3H-26 West Palm Beach Intermodal Transfer Facility Plat
3H-27 Work Order No. 07-001 with Murton Roofing Corp. for roof repairs to
PBSO Admin. Bldg.
Page 22
3H-28 Easement Deed in favor of Lake Worth Drainage District
I. HOUSING & COMMUNITY DEVELOPMENT
Page 22
3I-1 Amendment
No. 2 with Lifeworks Development, Inc.
3I-2 Budget
Transfer for the HOME Countywide First-Time Homebuyer Program
Page 23
3I-3 Amendment
No. 1 with City of Greenacres for Community Development Block grant funds
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 23
3K-1 Change
Order No. 1 with The Crom Corp. for Water Treatment Plants No. 3, 8 and Lake Region
Ground Storage Tank additions
Page 24
3K-2 Change
Order No. 4 with AKA Services for Northern Region Utility Improvement project
3K-3 Change
Order No. 5 with Ricman International, Inc. for La Mancha Ave. pipeline
extension
Page 25
3K-4 Contract
with Engineer Service Corp. for the Telemetry Information & Management system
3K-5 Contract
with Murray Logan Construction for Wastewater Life Station Rehab.
3K-6 Receive
and file seven (7) standard development/renewal agreements
JUNE 19, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 26
3K-7 Contract
with TLC Diversified for wastewater lift station repair, refurbishment and
maintenance
3K-8 Release
of Utility Easements on land owned by Lowe’s Home Centers, Inc.
3K-9 Four
(4) Commercial Industrial Demand Reduction Rider Agreements with FPL
3K-10 Deleted
3K-11 Deleted
3K-12 CSA No. 21 with Camp Dresser & McKee for LRWTP potable water
distribution analysis
Page 27
3K-13 Standard Forms for Emergency Generator Purchase, Operation &
Maintenance
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 27
3L-1 Loxahatchee
River Preservation Initiative Contract with SFWMD for Cypress Creek project
Page 28
3L-2 Budget
Amendment for exotic plant removal at Loxahatchee Slough Central
3L-3 Logo
design for Northeast Everglades Natural Area project
3L-4 Grant
Agreement with FDEP for Sub-Tropical Storm Andrea emergency dune restoration
M. PARKS & RECREATION
Page 29
3M-1 Agreement
with BMWS, Inc. for traveling basketball program
3M-2 Agreement
with City of Delray Beach for 2007 Delray Beach Sister Cities safari dinner
3M-3 School
Board RAP for Golden Grove Elementary for fitness trail equipment
3M-4 School
Board RAP for Elbridge Gale Elementary for pathway painting
3M-5 School
Board RAP for Osceola Creek Middle for musical instruments
3M-6 School
Board RAP for Lake Worth Middle for band uniforms
Page 30
3M-7 Agreement
with ASPIRA of Florida for Community Service Outreach project
3M-8 Agreement
with Redemptive Life Fellowship for black history tours
3M-9 Independent
Contractor agreements
3M-10 School Board RAP for Boynton Beach High for Washington D.C.
Presidential project
3M-11 Agreement with City of Pahokee for 4th of July fireworks
N. LIBRARY
Page 31
3N-1 PBC
Literacy Coalition Site Application for Literacy*AmeriCorps PBC Program
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 First
Amendment with City of Delray Beach for Weed and Seed Program
3Q-2 FY
2007 Edward Byrne Grant Application with U.S. Dept. of Justice
Page 32
3Q-3 Five
(5) grant applications to FL Dept. of Law Enforcement for FY 2008 Byrne Formula
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 32
3S-1 Agreement
with Florida Medical Training Institute, Inc. for clinical field experience
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Agreement
with Pictometry International Corp. for licensed imagery, mapping and services
3U-2 Cooperative
Agreement with PBSO/Property Appraiser for GIS systems
JUNE 19, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
PUBLIC HEARINGS - 9:30 A.M.
Page 34
4A Resolution
abandoning Joseph Street
4B Application
of Galaxy Aviation of Palm Beach, Inc. for Variable Rate Demand Revenue bonds
Page 35
4C FY
2007 Section 5307 FTA Grant Application for capital funds
4D FY
2007 Section 5309 FTA Grant Applications for capital funds
Page 36
4E FY
2006 FTA Congestion Mitigation Air Quality Grant Application for capital funds
4F FY
2005 and FY 2006 Section 5309 FTA Grant Applications for capital funds
REGULAR AGENDA
ADMINISTRATION
Page 37
5A-1 Consulate
of Finland – TIME CERTAIN 11:00A.M.
5A-2 Contract
with NACo and PCS Health for Managed Pharmacy Benefit Consumer Care Program
5A-3 Development
Regions Round XI Grant Program for FY 2007 agreements
Page 38
5A-4 Let
Us Vote Committee regarding amendment to PBC Charter – TIME CERTAIN 2:00P.M.
ENGINEERING
& PUBLIC WORKS
Page 38
5B-1 Ordinance
amendment Five-Year Road Program
PLANNING,
ZONING & BUILDING
Page 38
5C-1 Agreement
w/Town of Loxahatchee Groves for plan review/permitting/inspection services
HOUSING
& COMMUNITY DEVELOPMENT
Page 39
5D-1 Draft
Palm Beach County Action Plan for FY 2007-2008
5D-2 Agreement
with DCA for CDBG Disaster Recovery Initiative funding
CRIMINAL
JUSTICE COMMISSION
Page 40
5E-1 Six
(6) month update of the CJC’s Youth Violence Prevention project
WATER
UTILITIES
Page 40
5F-1 Agreement
with FDPL for temporary purchase of bulk potable water
BOARD
APPOINTMENTS (Pages 41 - 42)
STAFF
COMMENTS (Page 43)
COMMISSIONER
COMMENTS (Page 44)
ADJOURNMENT (Page 44)
JUNE 19, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution No. R-473-07 by the Miami-Dade County Board of County Commissioners urging the Florida Legislature not to pass legislation related to the South Florida Regional Transportation Authority that increases the statutorily-mandated local funding requirements unless it includes a dedicated funding source.
2. Staff recommends
motion to approve: a Golf Tournament Agreement with Trump
International Golf Club, L.C.; Junior Golf and Academics of America, Inc.; and
Tab Development, Inc. for a one (1) day charitable golf tournament to be held
on October 29, 2007. SUMMARY: The Development Site Lease Agreement with the
Trump International Golf Club, L.C. (Trump), approved September 3, 1996
(R96-1277D), allows for the use of the golf course during the months of May
through October for the County to host either a single two (2) day or two (2) -
one (1) day charitable golf tournament(s).
The Golf Tournament Agreement provides for Trump to be available
exclusively for the charity golf tournament to be held on October 29,
2007. Proceeds from the golf tournament
will benefit Junior Golf and Academics of America, Inc. and Tab Development,
Inc. Countywide (AH)
3. Staff recommends
motion to approve: Agreement
with the City of South Bay in an amount not-to-exceed Four Hundred Thousand
Dollars ($400,000) for street repairs to SW 7th Avenue. SUMMARY: The
above project was reviewed and recommended for funding by the Countywide
Community Revitalization Team (CCRT) Committee on September 12, 2005 in the
amount of $100,000 and on October 10, 2006 in the amount of $300,000. The Board of County Commissioners (BCC)
approved the recommended funding on October 18, 2005 and on November 21,
2006. The funding agreement provides for
the City of South Bay to conduct street repairs to SW 7th Avenue
(from SW 1st Street to Martin Luther King Jr. Blvd). The funding agreement is now being submitted
to the BCC for approval. District 6
(AH)
4. Staff recommends
motion to approve: Reimbursement
of attorney’s fees and costs in the amount of $472.50, incurred by Commissioner
Aaronson in successfully defending charges filed against him before the Florida
Commission on Ethics. SUMMARY: Charges were filed against Commissioner Aaronson
alleging certain conflicts of interest while engaged in official County
business. The Ethics Commission
dismissed the complaint on April 20, 2007.
This motion is consistent with County Policy, PPM CW-F-057, which
authorizes the County Administrator to request reimbursement on behalf of
present and former County Officials who prevail in actions brought before the
Florida Commission on Ethics, provided the matter was connected to an official
County function and in furtherance of a public purpose. District 5 (LB)
5. Staff recommends
motion to approve: an Agreement with Bryan Boysaw & Associates under
the Community Development Block Grant (CDBG)/Economic Development Set-Aside
Program for $60,000. SUMMARY: On December 5, 2006, the Board of County
Commissioners (BCC) approved four (4) CDBG/Economic Set-Aside projects for
Fiscal Year 2006-2007 funding (Item No. 5A-3). Through the funding
granted, Bryan Boysaw & Associates will create four (4) full-time
equivalent positions. The
Agreement with Bryan Boysaw & Associates is retroactive and commenced on
April 2, 2007. Countywide (DW)
JUNE 19, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
6. Staff recommends
motion to approve: a Payment to
Florida Association of Counties, Inc., in the amount of $4,222.22 for the costs
associated with the County Pre-Emption Issue.
SUMMARY: This payment
reflects Palm Beach County’s contribution to the Florida Association of
County’s effort to prevent any state pre-emption of countywide powers. Countywide (DMN)
7. Staff
recommends motion to approve:
an Agreement with Florida Turbine
Technologies, Inc. and Jupiter RE Investments, LLC, for the Economic
Development Ad Valorem Tax Exemption Agreement, which is for the creation of
sixty (60) full-time equivalent positions at an average annual salary of no
less than $70,000 (excluding benefits) in Palm Beach County. SUMMARY: The Economic Development Ad Valorem Tax
Exemption Ordinance for Florida Turbine Technologies, Inc. will grant an ad
valorem tax exemption for 100% of the assessed value of all qualifying tangible
personal property acquired and added improvements to real property for four (4)
years, excluding land. On May 1, 2007
and May 15, 2007 (Public Hearing), an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, granting an exemption from certain
ad valorem taxation to encourage economic development in the County for Florida
Turbine Technologies, Inc. was approved.
The Property Appraiser certified Florida Turbine Technologies, Inc. as
an expansion of an existing business and estimated that $26,153 in expansion
revenues would be lost during the current fiscal year. 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
Regular May
1, 2007
Zoning May
24, 2007
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 approve: State Revenue Sharing Application
for the Fiscal Year 2007-2008. SUMMARY: Each unit of local government is required
to file an application in order to be considered for any funds to be
distributed under the Revenue Sharing Act.
Countywide (PFK)
5. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during April 2007. Countywide
JUNE 19, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2. DELETED
3. Staff recommends
motion to approve: a Payment to
the Seacoast Utility Authority (SUA) not-to-exceed $140,000 for the costs
associated with the relocation of existing underground potable water
interconnect metering. This is required for the construction of the
Donald Ross Road and Alternate AIA Intersection Improvement (Project). SUMMARY: This payment to SUA of up to $140,000 is
required to cover all the costs associated with the relocation of its existing
underground facilities, which are located within an existing utility
easement. District 1 (MRE)
4. Staff recommends
motion to approve: a Budget
Transfer of $175,000 from Reserve for District 5 to the Hagen Ranch Road
Project No. 96506B. SUMMARY: This is to request
transfer of funds, in the amount of $175,000, from the District 5 Reserve to
the Hagen Ranch Road project account for costs that will be incurred for the
construction of a right turn lane on Hagen Ranch Road at Cascades Isles
Boulevard. District 5 (PFK)
5. Staff recommends
motion to approve: the renewal
of the Testing Lab Services annual agreements with the following firms:
Original
Firm
Name Agreement
Date Resolution No.
Dunkelberger Engineering &
Testing,
Inc. June 21,
2005 R2005-1144
GFA
International June
21, 2005 R2005-1147
Tierra, Inc. June
21, 2005 R2005-1148
SUMMARY:
These agreements are being considered for renewal for required
professional services, on a task order basis. This is the second and final renewal of these
firms’ agreements. Countywide (PFK)
6. Staff recommends
motion to approve: a Budget
Transfer of $8,000 in the Transportation Improvement Fund from Reserve for
District 3 to Gulfstream Road Speed Humps – District 3. SUMMARY: The District 3 Transportation Improvement
Fund will pay for the requested speed humps on Gulfstream Road south of Lake
Worth Road, to improve safety and reduce speeding. District 3 (MRE)
7. Staff recommends motion to approve: an Amendment to a Drainage Easement Agreement (Agreement) dated February 4, 2005 (R2005-0371), recorded in Official Record Book 18774, Page 1367, which conveyed certain drainage easements from Fillmore Properties, Limited to Yamato Court, LLC, who then assigned all its rights, title and interests of said easements to Palm Beach County (County). SUMMARY: This action approves an Amendment to a Drainage