ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 18, 2007
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
D. Special
Presentations
1. Holiday
Song by the Early Head Start/Head Start Children
2. Certificate of Appreciation for Paul Milelli
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 – 39)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 40 – 42)
5. REGULAR
AGENDA (Pages 43 - 46)
6. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE CHILD CARE FACILITIES BOARD (Page 47)
7. BOARD
OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (Page 48)
8. BOARD
APPOINTMENTS (Page 49)
9. STAFF
COMMENTS (Page 50)
10. COMMISSIONER
COMMENTS (Page 51)
11. ADJOURNMENT (Page 51)
* * * * * * * * * * *
DECEMBER 18,
2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Allocation
of Countywide Community Revitalization Team projects/initiatives
3A-2 Agreement
with Ilene Long for information bulletin board at Old Trail Park
Page 8
3A-3 Agreement
with Federal Gardens Neighborhood Association for signs and landscaping
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Deleted
3C-2 Budget
Transfers for illuminated street name signs at Woolbright and Military Trail
Page 9
3C-3 Deleted
3C-4 Deleted
3C-5 First Amendment with University of Florida
for Traffic Crash Entry, Query, Reporting, and Mapping System
3C-6 Subordination
of Utility Interests from Comcast for land on for right turn lane on Jog Road
3C-7 Subordination
of Utility Interest from Comcast for land for right turn lane on Hagen Ranch Rd
3C-8 Release
of 3 Removal Agreements permitting placement of signs and a fence on US 1
Page 10
3C-9 License
Agreement with School Board for work associated with Lyons Road
3C-10 Resolution re-designating land at the N.E. corner of Indiantown
Road/120th Trail North
3C-11 Deleted
3C-12 Warranty Deed for land on Seminole Pratt Whitney Road
3C-13 Deleted
3C-14 Deleted
3C-15 Resolution transferring FEC License Agreement from City of Boynton
Beach for SE 23rd Ave
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement
Agreement in personal injury case of Miriam Simms
3D-2 Amendment
No. 1 with Nabors, Giblin & Nickerson to provide bond counsel services
3D-3 Official
transcript for closing of the Biomedical Research Park Project bonds
E. COMMUNITY SERVICES
Page 11
3E-1 Amendment
No. 2 with Adopt-A-Family of the Pam Beaches for housing for homeless families
Page 12
3E-2 Six
(6) Amendments to Ryan White supportive services contracts
3E-3 Two
(2) Amendments to Ryan White supportive services contracts
F. AIRPORTS
Page 13
3F-1 Utility
Easement Agreements with FPL associated with new administration building and
long term parking garage
3F-2 Agreement
to purchase property in accordance with PBIA’s Noise Compatibility Study
3F-3 First
Amendment with Hyperion Farms, LLC for construction improvements at North
County General Aviation Airport
3F-4 License
Agreement with One Point, Inc. use of 1.05 acres of vacant property at PBIA
Page 14
3F-5 Sixth Amendment with General Services
Administration for use of common areas
DECEMBER 18,
2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 14
3G-1 Budget
Amendments for Biomedical Research Park Project bonds
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 JOC
Work Order with Paragon Construction for splash pad playground at John Prince
Park
3H-2 Agreement
for art services with Barbara Grygutis Sculpture for “Wave” at Convention
Center
Page 16
3H-3 License
Agreements with PBC Credit Union for ATM’s at Tax Collector branch locations
3H-4 Agreement
with Medics Emergency Services of PBC for use of 800 MHz radio system
Page 17
3H-5 Change
Order No. 22 with The Weitz Company for South County Regional Park Phase II
3H-6 Change Order No. 19 with Hedrick Brothers
Construction Co. for Historic Courthouse renovations
Page 18
3H-7 Assignment of Interest with Habitat for
Humanity of PBC related to 6.64 acres (Kennedy Estates)
3H-8 Modification
of Restrictive Covenant for relocation of water management tract related to
Trump International Golf Course
3H-9 Declaration
of Easement in favor of PBC Water Utilities regarding Mid-County Senior Center
Page 19
3H-10 Amendment No. 1 with Stephen L. Boruff for architectural services
for fire rescue projects
3H-11 Change Order No. 4 with The Weitz Company, Inc. for Judicial Center
parking garage project
3H-12 Concessionaire Service Agreement with Dania Pier Management relative
to Juno Beach Park
Page 20
3H-13 Agreement for Purchase and Sale with City of South Bay for 3.04
acres for fire station
3H-14 Sidewalk Easement/Utility Easement in favor of
City of West Palm Beach relative to Judicial Center parking garage
Page 21
3H-15 CSA No. 3 with Hellmuth, Obata & Kassabaum,
Inc. for the Jail Expansion Program
3H-16 Amendment No. 15 with Catalfumo Construction
relative to North County Branch Library
I. HOUSING & COMMUNITY DEVELOPMENT
Page 21
3I-1 Agreement
with City of Greenacres for construction of a playground and recreational area
Page 22
3I-2 Amendment
No. 1 with Habitat for Humanity regarding Kennedy Estates
3I-3 Consent
and Release Agreement with Azalea Place Apartments
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 22
3K-1 CSA
No. 68 with Mathews Consulting, Inc. for development of a five year financial
plan
3K-2 First
Amendment with Lion Country Safari for wastewater treatment facilities
Page 23
3K-3 Joint
Funding Agreement with SFWMD for Lake Region Water Treatment Plant
3K-4 2007-2008 SFWMD Alternate Water Supply
Funding Program Agreement for Cypress Lakes Reclaimed water transmission mains
3K-5 Second
Amendment with Beeline Community Development District Agreement
Page 24
3K-6 2007-2008
SFWMD Alternate Water Supply Funding Program Agreement for Aberdeen and
Greystone Reclaimed water transmission mains
3K-7 Work
Authorization No. 9 with Foster-Marine Contractors for City of Pahokee Water
Main Replacement project
3K-8 Change
Order No. 4 with John J. Kirlin Construction for Northern Region Pump Station
Page 25
3K-9 Receive
and file standard development and standard development renewal agreements
DECEMBER 18,
2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Two
(2) year Tri-Party MOU with Wildlife Foundation of Florida and Florida Fish and
Wildlife Conservation Commission for mooring buoys in two (2) locations
Page 26
3L-2 Execution
of standard form interlocal agreements with law enforcement agencies
3L-3 Amendment
No. 2 with FDEP for Emergency Dune Restoration
Page 27
3L-4 Amendment
No. 2 with FDEP for projects associated with Lake Worth Lagoon Partnership
Grant Program
Page 28
3L-5 Grant
Contract with Florida Communities Trust related to Cypress Creek Natural Area
M. PARKS & RECREATION
Page 28
3M-1 School
Board RAP for Wellington Community High tournament expenses
Page 29
3M-2 Agreement
with The Juvenile Transition Center for ESTEEM Program trip
3M-3 School
Board RAP for Cypress Trails Elementary for Community School Program
3M-4 Florida
Inland Navigation District Grant for Dick Moroso Waterway
Page 30
3M-5 Florida
Fish & Wildlife Conservation Commission grant for Dick Moroso Waterway Park
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 30
3Q-1 Interlocal
Agreement with City of West Palm Beach for Youth Empowerment Center
Page 31
3Q-2 Interlocal
Agreement with City of Riviera Beach for Youth Empowerment Center
3Q-3 Interlocal
Agreement with City of Boynton Beach for Youth Violence Prevention Project
Page 32
3Q-4 Interlocal
Agreement with City of Lake Worth for Youth Empowerment Center
3Q-5 Interlocal
Agreement with City of Belle Glade for Youth Violence Prevention Project
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 33
3S-1 Receive
and file standard agreement for Fire Rescue
3S-2 License
Agreement with Town of Jupiter for fire rescue training and structure burn
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Florida
Dept. of Community Affairs Grant for technical assistance grant for 2010 Census
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 34
3X-1 Hazard
Mitigation Grant Program contract with Florida Division of Emergency Management
3X-2 Florida
Dept. of Law Enforcement grant for critical infrastructure assessments and
training
3X-3 Annual EMS County Grant Application with
Florida Dept. of Health, Bureau of Emergency Medical Services
DECEMBER 18,
2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 35
3AA-1 FDOT JPA for commuter bus service from Belle Glade to Clewiston
3AA-2 FY 2008 Master Agreement with Federal Transit Administration
assistance programs
Page 36
3AA-3 JPA for construction of the West Palm Beach Intermodal Facility
3AA-4 Budget Amendments for mass transit operating funds
3AA-5 Resolution approving FDOT JPA for marketing transit services
Page 37
3AA-6 Resolution approving FDOT JPA for I-95 HOV Express Bus
3AA-7 Three (3) year Agreement with SFRTA for increased service on Route
94
BB. SUPERVISOR OF ELECTIONS
Page 37
3BB-1 Precinct boundary changes
CC. SHERIFF
Page 38
3CC-1 Bureau of Justice Assistance Bulletproof Vest Partnership
Grant
3CC-2 National Institute of Justice FY 2006 Forensic Casework
DNA Backlog Reduction Grant
Page 39
3CC-3 Budget Transfer from the Law Enforcement Trust Fund
PUBLIC HEARINGS - 9:30 A.M.
Page 40
4A Equal
Employment Ordinance
4B Equal
Opportunity to Housing and Places of Public Accommodation Ordinance
4C Westgate/Belvedere
Homes Community Redevelopment Area Ordinance
4D Stipulated Settlement Agreement with
Dept. of Community Affairs relating to site-specific Comprehensive Plan
Amendment adopted for Lantana Farms Associates, Inc.
Page 41
4E Ordinance
adopting Remedial Comprehensive Plan Amendment for Lantana Farms Associates,
Inc.
4F Stipulated
Settlement Agreement with Gerald M. Ward relating to the Comprehensive Plan
Amendment adopted for Transportation Concurrency Exception Area for Riviera
Beach
Page 42
4G Ordinance
adopting Remedial Comprehensive Plan Amendment with Gerald M. Ward
4H Ordinance
amending boundaries of the Fire Rescue MSTU to include the City of Lake Worth
REGULAR AGENDA
ADMINISTRATION
Page 43
5A-1 Compliance
Report on the Fire Rescue Level of Service Standard
5A-2 Agreement
for Purchase and Sale with WMJB Marine, Inc. (Palm Beach Yacht Center)
5A-3 Resolution authorizing submittal of
Brownfields Economic Development Initiative Grant Application to U.S. Housing
and Urban Development
ENGINEERING
& PUBLIC WORKS
Page 44
5B-1 Three
(3) County Easements in favor of property owners on Gardiner Lane, April Lane,
and Perigon Way
5B-2 Second
Amendment with City of West Palm Beach extending the date when mitigation fees
regarding Roebuck Road
DECEMBER 18,
2007
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
PLANNING, ZONING & BUILDING
Page 44
5C-1 Interlocal
Service Boundary Agreement with City of Belle Glade
Page 45
5C-2 Interlocal
Agreement with City of Greenacres for annexation of 17 enclaves
HUMAN
RESOURCES
Page 45
5D-1 Deny
request by the Palm Beach County Human Rights Coalition to create a domestic
partnership leave program
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 46
5E-1 Law
Enforcement Information Technology Project Public Improvement Revenue Bonds
HOUSING
& COMMUNITY DEVELOPMENT
Page 46
5F-1 Subordination
Agreement in favor of Palm Beach County regarding Pine Ridge Apartments Joint
Venture
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
CHILD CARE FACILITIES BOARD (Page 47)
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD (Page 48)
BOARD
APPOINTMENTS (Page 49)
STAFF
COMMENTS (Page 50)
COMMISSIONER
COMMENTS (Page 51)
ADJOURNMENT (Page 51)
DECEMBER 18,
2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: the
allocation of $2,250,000 by the Office of Community Revitalization/Countywide
Community Revitalization Team (CCRT) for Fiscal Year 2007-2008 for the
implementation of the following projects and initiatives:
A) Roan Lane/Elmwood Estates – funding toward
paving and drainage improvements on Sun Court ($235,214) - District 1;
B) Eastview Park – funding toward paving and
drainage improvements on Navarre Road ($157,500) - District 2;
C) Westgate -
funding toward the Drainage/Sanitary Sewer/Flood Mitigation Project ($400,000)
- District 2;
D) Village of Palm Springs – one third of
contribution toward the construction costs for a vacuum sewer system ($304,163)
- District 3;
E) Herndon Park/Coconut Road - funding toward the construction of paving and drainage improvements on
Sylvan Lane ($68,123) - District 3;
F) Canal Point –
funding toward the development of a Sanitary Sewer System ($300,000) - District
6;
G) All Districts -
Neighborhood Partnership Grant (NPG) Program ($125,000);
H) All Districts - Neighborhood Home
Beautification Program (NHBP) ($80,000);
I) All Districts -
Residents Education to Action Program (REAP) ($30,000);
J) All Districts –
Neighborhood Street Lighting Program ($500,000); and
K) All Districts -
Putting Kids First ($50,000).
SUMMARY:
The above projects were reviewed and recommended for funding by the CCRT
Committee on November 13, 2007. Details
are provided under Attachment 1 to the Agenda Item. Countywide (AH)
2. Staff
recommends motion to approve:
A) termination
of (R2007-1248) Agreement with Ilene Long, an individual representing Old Trail
Community Group, which provided for a Resident’s Education to Action Program
grant in the amount of Two-Thousand Five Hundred Dollars ($2,500), for the
implementation of a street sign topper project; and
B) an Agreement with Ilene Long, an individual
representing Old Trail Community Group, in an amount not-to-exceed Two Thousand
Five Hundred Dollars ($2,500) to install an informational bulletin board at Old
Trail Park.
SUMMARY: On August 21, 2007, the Board of County
Commissioners approved an Agreement (R2007-1248) with Ilene Long, an individual
representing Old Trail Community Group, in an amount not-to-exceed Two Thousand
Five Hundred Dollars ($2,500), to install neighborhood street sign toppers. After
further review by the Engineering Department, it was determined the street sign
toppers project could not be implemented as proposed. Since the street sign toppers project could
not be implemented, Ilene Long submitted a new project to the Office of
Community Revitalization (OCR) for approval. The new project consists of the
installation of an informational bulletin board at Old Trail Park, which is now
being presented to the Board for approval.
District 2 (AH)
DECEMBER 18,
2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
3. Staff recommends motion to approve: an Agreement
with Federal Gardens Neighborhood Association (FGNA) in an amount not-to-exceed
Two Thousand Dollars ($2,000) for neighborhood identification signs and
landscaping for the 2005-2006 Resident Education to Action Program (REAP). SUMMARY: The County entered into a grant agreement
(R2006-0939) with Federal Gardens Neighborhood Association (FGNA) on June 6,
2006 to receive a REAP grant in the amount of Two Thousand Dollars ($2,000). The agreement was later amended on December
5, 2006 (R2006-2564) by extending the termination date to June 5, 2007. The REAP grant expired on June 5, 2007, and
FGNA has not completed the project due to improvements on 13th Street by the
City of Riviera Beach, where the project will take place. FGNA requested that the County enter into
another grant agreement so FGNA can complete the project as originally approved
by the Board of County Commissioners. District
7 (AH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Budget Workshop July 11, 2007
Workshop July 24, 2007
Zoning August 23, 2007
Zoning (Cont’d) August 27, 2007
Comprehensive Plan August 27, 2007
Regular October 2, 2007
Regular October 16, 2007
Special November 13, 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
C. ENGINEERING
& PUBLIC WORKS
1. DELETED
2. Staff recommends
motion to approve:
A) a Budget Transfer of $8,000 in the Transportation Improvement Fund from
Reserve for District 4 to Woolbright Road and Military Trail Illuminated Street
Name Signs – District 4; and
B) a Budget Transfer of $8,000 in the
Transportation Improvement Fund from Reserve for District 5 to Woolbright Road
and Military Trail Illuminated Street Name Signs – District 5.
SUMMARY: Districts 4 & 5 Transportation
Improvement Fund will pay for four requested illuminated street name signs at
the intersection of Woolbright Road and Military Trail. Districts 4 & 5 (MRE)
DECEMBER 18,
2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. DELETED
4. DELETED
5. Staff recommends
motion to approve: the
First Amendment to Resolution 2007-0459, a Research Agreement with the University of
Florida (UF) to provide software services to develop additional features for
enhancing the recently developed Traffic Crash Data Entry, Query, Reporting,
and Mapping System approved on April 10, 2007. SUMMARY: This
Research Agreement provides for the development of additional features for
enhancing the recently developed Traffic Crash Data Entry, Query, Reporting,
and Mapping System. One of the software
development tasks involves close coordination with Palm Beach County Sheriff’s
Office (PBSO) to access their scanned crash reports. It also involves close coordination with the
County Information Systems Services Department (ISS). This coordination requires more time than
previously envisioned. This Amendment
will extend the date for completion of the work from December 31, 2007 to
December 31, 2008. Except for the time
extension, all terms and conditions of the Agreement remain in full force and
effect. Countywide (MRE)
6. Staff recommends
motion to approve: a Subordination of Utility Interests from Comcast
Cable Communications (Comcast) releasing their interests to Palm Beach County
(County) in a parcel of land located on the east side of Jog Road approximately
one half mile north of Yamato Road. SUMMARY: This action will
approve a Subordination of Utility Interests which releases the interests of
Comcast in a parcel of land required for a right turn lane on Jog Road
approximately one half mile north of Yamato Road. This Subordination of Utility
Interests requires the County to pay for any future relocation costs of the
utility facilities when and if requested by the County. District 4 (PFK)
7. Staff recommends
motion to approve: a
Subordination of Utility Interests from Comcast-Boca Raton (Comcast) releasing
their interests to Palm Beach County (County) in a parcel of land located on
the east side of Hagen Ranch Road at Cascades Isles Boulevard. SUMMARY: This
action will approve a Subordination of Utility Interests which releases the
interests of Comcast in a parcel of land required for a right turn lane on
Hagen Ranch Road. This Subordination of
Utility Interests requires the County to pay for any future relocation costs of
the utility facilities when and if requested by the County. District 5 (PFK)
8. Staff recommends
motion to approve: the release
of three (3) Removal Agreements permitting the placement of signs and a fence
on the premises designated as 1181 U.S. Highway No. 1, as recorded in Official
Record Book, 2346, Page 1490; Official Record Book 3673, Page 0895; and
Official Record Book 3949, Page 0884, Public Records of Palm Beach County,
Florida. SUMMARY: This action will
authorize the release of three (3) Removal Agreements for signs and a fence
located on the owner’s property on the west side of U.S. Highway No. 1. The
signs and fence, which were permitted by the Removal Agreements, have been
removed. District 1 (PFK)
DECEMBER 18,
2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to approve: a License
Agreement with the School Board of Palm Beach County (School Board) for work associated
with Lyons Road from Glades Road to Yamato Road. SUMMARY: This item will approve a License Agreement
with the School Board to allow work to be done on Olympic Heights High School property
in conjunction with the County’s construction of Lyons Road. District 5 (PFK)
10. Staff recommends
motion to adopt: a Resolution re-designating
a parcel of Palm Beach County (County) owned land at the northeast corner of
Indiantown Road and 120th Trail North as County right-of-way. SUMMARY: This
action will allow the Property and Real Estate Management Division (PREM) to
satisfy a condition of zoning approval for Fire Station No. 14 (R2007-1433), by
which the County is required to re-designate a parcel of County-owned land as
right-of-way. The parcel consists of 319
square feet at the northeast corner of Indiantown Road and 120th Trail
North. District 1 (PFK)
11. DELETED
12. Staff recommends motion to:
A) accept
a Warranty Deed for Parcel 1A on Seminole Pratt Whitney Road; and
B) approve
payment of a counter-offer in the amount of $300,000 for Parcel 1A.
SUMMARY: This action will accept a Warranty Deed for a parcel
of land needed for a retention pond and approve a counter-offer in the amount
of $300,000 for the purchase of the parcel of land, known as Parcel 1A. This
parcel is required for the construction of Seminole Pratt Whitney Road from
Orange Boulevard to south of Northlake Boulevard. District 6 (PFK)
13. DELETED
14. DELETED
15. Staff recommends motion to adopt: a Resolution authorizing the transfer of the Florida East Coast Railway (FEC) License Agreement from the City of Boynton Beach (City) to Palm Beach County (County) for S.E.