ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JANUARY 15, 2008

 

 

 

TUESDAY                                                                                                                 COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE SOLID WASTE AUTHORITY – 9:30A.M.

 

Adjourn as the Solid Waste Authority

Convene as the Board of County Commissioners

 

 

 

1.         CALL TO ORDER OF COUNTY COMMISSION MEETING

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

 

3.         CONSENT AGENDA (Pages 7 – 35)

 

4          SPECIAL PRESENTATIONS - 9:30 A.M. (Page 36)

 

5.         PUBLIC HEARINGS - 9:30 A.M. (Pages 37 - 38) 

 

6.         REGULAR AGENDA (Pages 39 - 45)

            TIME CERTAIN 10:30 A.M. - Establishment of various Animal Care & Control Programs (Page 42)

            TIME CERTAIN 10:30 A.M. - Animal Care & Control Ordinance (Page 42)

 

7.         BOARD APPOINTMENTS (Pages 46 - 47)

 

8.         STAFF COMMENTS (Page 48)

 

9.         COMMISSIONER COMMENTS (Page 49)

 

10.       ADJOURNMENT (Page 49)

 

 

 

 

* * * * * * * * * * *

 

JANUARY 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Agreement with Belle Glade Housing Authority for purchase of equipment/supplies at the Okeechobee Community Center

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes:  None

            3B-3    Contracts and claim settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

            3B-5    Report of County Officials Bonds

 

C. ENGINEERING & PUBLIC WORKS

Page 7

            3C-1   Impact fee credit for Summit Boulevard improvements

Page 8

            3C-2   Amendment to increase Annual Pathway & Minor Construction Contract

            3C-3   Deleted

            3C-4   Annual Asphalt Miling and Resurfacing Contracts

            3C-5   Federally Funded Subgrant Agreement with Florida Division of Emergency Management regarding Lakeside Mobile Home Park drainage system

Page 9

            3C-6   Deleted

            3C-7   Deleted

            3C-8   Impact fee credit for Park Avenue West

            3C-9   Public Facilities Agreement with Hypoluxo Homes, LLC regarding Hypoluxo Road

            3C-10 Contract with Almazan Brothers, Inc. for West 7th Street drainage improvements

            3C-11 Agreement with E.C. Driver & Associates, Inc. for professional services regarding Ocean Avenue Bridge

            3C-12 Solicitation of appraisal firms for construction of a bus bay on Okeechobee Blvd/Military Trail

Page 10

3C-13 Deleted

            3C-14 Amendment to JPA with FDOT for Blue Heron Blvd./Congress Avenue intersection

            3C-15 Financial Assistance Agreement with Village of Royal Palm Beach for SR 7 beautification

            3C-16 Agreement with Dennis J. Leavy & Associates, Inc. for professional services related to surveying and mapping projects

 

D. COUNTY ATTORNEY

Page 10

            3D-1   Release and Discharge of the Loan, Mortgage and Security Agreement by Manor Care of Boynton Beach, Inc.

Page 11

3D-2   Mediation Settlement Agreement in the case of Mitchell Carlin vs. Palm Beach County

            3D-3   Settlement with Entek Environmental & Technical Services, Inc. relative to the Old Courthouse restoration

 

E. COMMUNITY SERVICES

Page 11

            3E-1    Receive and file four (4) contracts for services to homeless individuals and families

Page 12

            3E-2    Florida Dept. of Children & Families Homeless Challenge Grant Contract

            3E-3    Florida Dept. of Children & Families Homeless Housing Assistance Grant Contract

            3E-4    Amendment with Treasure Coast Health Council, Inc. to correct work plan dates

Page 13

3E-5    Four (4) contracts with various agencies under the Financially Assisted Agencies Program

            3E-6    Amendment No. 4 with Comprehensive AIDS Program for medical case management


JANUARY 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 14

            3F-1    Resolution authorizing short-term lease to Palm Beach Community College

            3F-2    Amendment No. 7 with CH2M Hill, Inc. for professional planning and design services

            3F-3    Supplemental JPA with FDOT regarding hangars at PBC Park Airport (Lantana)

Page 15

            3F-4    Receive and file eight (8) agreements for Airports

 

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 15

            3G-1   Budget transfers regarding road impact fees

Page 16

            3G-2   Budget Transfer/Amendments regarding $35M PBSO Mobile Data Capital Project

            3G-3   Resolution amending issuance of Public Improvement Revenue Bonds

Page 17

            3G-4   Budget Transfer regarding $25M General Obligation Bonds (Recreational & Cultural Facilities Project)

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 17

            3H-1    Amendment No. 2 with Slattery and Associates, Architects and Planners regarding Library Expansion Program

            3H-2    Grant Agreement with Florida Division of Emergency Management for purchase/installation of impact resistant glass in various buildings

Page 18

            3H-3    License Agreement with Town of Loxahatchee Groves for PBSO substation

            3H-4    Amendment No. 5 with South Florida Science Museum, Inc. for new science museum

            3H-5    First Amendment with cities of Boca Raton, Delray Beach and Boynton Beach regarding the County’s radio system

Page 19

            3H-6    Interlocal Agreement with Town of Palm Beach Shores regarding the County’s radio system

            3H-7    First Amendment with Town of South Palm Beach regarding the County’s radio system

            3H-8    First Amendment with City of West Palm Beach regarding the County’s radio system

Page 20

            3H-9    First Amendment with Martin County regarding the County’s radio system

            3H-10 Resolution identifying critical to security or public safety facilities

            3H-11 Amendment No. 1 with Mil Lake Annex, LLC for lease of warehouse space for Library

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 21

            3I-1      Agreement with The Urban League of Palm Beach County for prevention of homelessness

            3I-2      Fifth Amendment to the Hurricane Housing Recovery Plan regarding first time home buyers

            3I-3      Amendment No. 1 with City of Greenacres regarding Ira Van Bullock Park

3I-4      Amendment No. 2 with Town of Jupiter regarding Pine Gardens North neighborhood improvements

Page 22

            3I-5      Additional State Housing Initiative Program funds to Dean and Mary Allen

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 22

            3K-1    Assignment/Acceptance of Potable Water & Wastewater Developers Agreement with Devon Investment, Inc.

JANUARY 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

K. WATER UTILITIES  (Cont’d)

Page 23

            3K-2    Partial Release of Utility Easement on land owned by Woolbright Jog LLC

            3K-3    Contract for Sale and Purchase of Mitigation Credits with Tetra Tech EC, Inc.

            3K-4    Deleted

            3K-5    Correction to a Release of a Portion of Utility Easement on landed owned by Woolbright   Pinewood, LLC

Page 24

            3K-6    Termination of Developer Agreement with KSM Holding, LLC

            3K-7    Receive and file five (5) standard development agreements for Water Utilities

Page 25

            3K-8    Second Amendment to the Beeline Community Development District Water and Wastewater Utility Acquisition

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 25

            3L-1    Land Stewardship Memorandum of Understanding with Bureau of Land Management regarding the management of the Jupiter Inlet Natural Area

Page 26

            3L-2    Purchase Order from Solid Waste Authority regarding Winding Waters Natural Area

            3L-3    Amendment No. 5 with Florida Dept. of Environmental Protection regarding South Lake Worth Inlet Management Plan

 

M. PARKS & RECREATION

Page 26

            3M-1   Agreement with PBSO regarding law enforcement within Parks property

Page 27

3M-2   School Board Recreation Assistance Program regarding Project Graduation 2008

            3M-3   School Board Recreation Assistance Program for U.B. Kinsey Elementary trip

            3M-4   Resolution authorizing lease of certain real property to Delray Beach Playhouse, Inc.

            3M-5   Agreement with The Acreage Athletic League for youth football equipment

Page 28

            3M-6   Agreement with Palm Beach County XXtreme Heat, Inc. regarding basketball team tournament expenses

            3M-7   Agreement with City of Delray Beach for 2008 First Night Event

            3M-8   Agreement with Marine Industries Association of PBC regarding 2007 Holiday Boat Parade

            3M-9   Second Amendment with City of Boynton Beach regarding recreation center at Wilson Park

Page 29

            3M-10 Agreement with Loggerhead Marinelife Center, Inc. for walkways and landscaping improvements

            3M-11 Budget Transfer to American Homes Park and Westgate Park improvements

            3M-12 Budget Transfer to Park Ridge Golf Course for site improvements

 

N. LIBRARY

Page 30

            3N-1    Cooperative Agreement with Literacy *AmeriCorps through the Literacy Coalition of Palm Beach County

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 30

            3Q-1   Budget Transfer for a pilot project in the Ex-Offender Reentry Program

            3Q-2   Agreement with Chief Judge, 15th Judicial Circuit regarding Mental Health Case Manager position

Page 31

            3Q-3   Agreement with PBSO for clerical position at the Westgate Community Justice Service Center

            3Q-4   Interlocal Agreement with PBSO regarding Youth Violence Prevention Project

JANUARY 15, 2008

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

Q. CRIMINAL JUSTICE COMMISSION  (Cont’d)

Page 32

            3Q-5   Contract with CARP for substance abuse treatment services

            3Q-6   Second Amendment with City of Riviera Beach regarding Weed and Seed Program

            3Q-7   Interlocal Agreement with City of Belle Glade regarding Youth Violence Prevention Program

           

R.  HUMAN RESOURCES  -  None

 

S. FIRE RESCUE  -  None

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 33

            3U-1    Addendum No. 1 to the License Agreement with Pictometry International Corp.

            3U-2    Task Orders with NSS regarding coastal aerial/color digital ortho photography

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 33

            3X-1    Receive and file Citizen Corps Grant with FL Dept. of Community Affairs

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 34

            3AA-1 Special bus route service to the 2008 South Florida Fair

            3AA-2 Deleted

            3AA-3 Resolution authorizing conveyance of four (4) trolleys to the Bay County Transportation Planning Organization

            3AA-4 Supplemental JPA with FDOT to market transit services

 

BB. SHERIFF

Page 35

            3BB-1 Grant Adjustment Notice amending the National Institute of Justice FY 2005 Forensic Casework DNA Backlog Reduction Program Grant

            3BB-2 Grant Adjustment Notice amending the National Institute of Justice FY 2006 Forensic DNA Capacity Enhancement Program Grant

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 36

            4A       Certificate of Appreciation for Richard Roberts

            4B       Certificates of Appreciation for members of the Okeeheelee Park Citizens Advisory Committee

            4C       Stand Down House Month

            4D       Arbor Day

            4E       Proclamation acknowledging the long life and career of Owen H. Gassaway, Jr.

            4F       Palms West Chamber of Commerce and Florida Public Utilities WestFest Land and Sea Festival 2008 as a Palm Beach County Green Event

JANUARY 15, 2008

 

TABLE OF CONTENTS

 

PUBLIC HEARINGS - 9:30 A.M.

Page 37

            5A       Osprey Oaks Community Development District Ordinance

            5B       Stipulated Settlement Agreement with Dept. of Community Affairs (Lantana Farms Associates, Inc.)

Page 38

            5C       Ordinance adopting a Remedial Comprehensive Plan Amendment with Dept. of Community Affairs (Lantana Farms Associates, Inc.)

            5D       Resolution abandoning that certain portion of University Parkway

                       

 

REGULAR AGENDA

 

ADMINISTRATION

Page 39

            6A-1    Resolution supporting Claudia Anderson d/b/a Audio Enhancement for Florida’s Qualified Target Industry Tax Refund Program

 

            6A-2    Resolution supporting the Nicole Hornstein Act

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 40

            6B-1    Agreement for Art Services with Barbara Grygutis Sculpture, LLC at Convention Center

            6B-2    License Agreement with PBC Bar Association regarding 1916 Historical Courthouse

Page 41

            6B-3    County Deed to Callery-Judge Grove, L.P. conveying 13.127 acres

 

            PLANNING, ZONING & BUILDING

Page 41

            6C-1   Interlocal Agreement with Village of Palm Springs providing for annexation of 10 enclaves

            6C-2   Conceptual enhanced mining review process

 

            PUBLIC SAFETY

Page 42

            6D-1   Implementation of various new programs for Animal Care & Control – 10:30 A.M. TIME CERTAIN

            6D-2   Animal Care & Control Ordinance – 10:30 A.M. TIME CERTAIN

 

            OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 43

            6E-1    Resolution authorizing negotiation of a Sunshine State Governmental Financing Commission loan for acquisition of environmentally sensitive lands

 

            FIRE RESCUE

Page 44

            6F-1    First Amendment to Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services with City of West Palm Beach

 

            WATER UTILITIES

Page 45

            6G-1   Interlocal Agreements with City of Belle Glade and Health Care District of Palm Beach County regarding potable water pipeline construction related to Lake Region Water Treatment Plan

 

BOARD APPOINTMENTS  (Pages 46 - 47)

 

STAFF COMMENTS  (Page 48)

 

COMMISSIONER COMMENTS (Page 49)

 

ADJOURNMENT (Page 49)

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

                        1.         Staff recommends motion to approve: Agreement with Belle Glade Housing Authority in an amount not-to-exceed Five Hundred Dollars ($500) for the No Wind For Seniors Program to purchase table equipment and supplies in the Okeechobee Community Center for the 2005-2006 Resident Education to Action Program (REAP).  SUMMARY:  The Belle Glade Housing Authority completed a six (6) week REAP session.  During the session, Belle Glade Housing Authority was selected by the Office of Community Revitalization to receive a grant in the amount of Five Hundred Dollars ($500).  Belle Glade Housing Authority is proposing to purchase table equipment and supplies in the Okeechobee Community Center.  District 6  (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:  None

 

 

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 Management Department; and the Department of Airports during October 2007.  Countywide

 

 

            5.         Staff recommends motion to review for sufficiency and to receive and file:  Report of County Officials Bonds for the Board’s examination as to the sufficiency of the sureties, dated January 2008.  SUMMARY:  Ordinance 98-51 sets various bond amounts for specified county officers and provides for examination of the sufficiency of all the bonds at the regular meeting of the Board of County Commissioners, in January and June of each year.  Countywide  (PFK)

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: establishing an impact fee credit of $19,768 for improvements on Summit Boulevard, east of Military Trail for the Polo Grounds Shopping Center development (Polo Grounds).  SUMMARY: Polo Grounds was required to make traffic circulation and traffic safety improvements to Summit Boulevard.  The improvements included the installation of a median and a u-turn bay.  These improvements were not required to meet Traffic Performance Standards (TPS). Impact fee credits     for roadway improvements that are not required by TPS require the Board of County Commissioners’ (Board) approval.  District 2  (LB)

 

 

 

 

 

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to approve:  a Contract Amendment to increase the  contract limit for the Annual Pathway & Minor Construction Contract (Contract) (R2007-0013), as amended by Resolution No. R2007-0014, on January 9, 2007, by $4,053,000 to a new not-to-exceed amount of $10,773,000 and to extend the contract expiration date from January 9, 2008, to October 1, 2008.  The current Contract is with Charles S. Whiteside, Inc.  SUMMARY: The Amendment to the Contract extends the expiration date from January 9, 2008 to October 1, 2008 and adds an additional $4,053,000 to the amount of the Contract. The maximum value of work orders issued under the existing Contract, together with this Amendment shall not, in any case, exceed $10,773,000. The Small Business Assistance goals were established at 15% overall participation. Charles S. Whiteside, Inc. committed to 19.58% overall participation and to date has achieved 17.7% participation.  Countywide  (MRE)

 

 

                        3.         DELETED

 

 

4.         Staff recommends motion to approve:  a Contract not-to-exceed the total value of $7,180,000 for task orders which may be issued for the Annual Asphalt Milling and Resurfacing Contract with the Primary Contractor, Community Asphalt Corporation (Community), the lowest responsive, responsible bidder, and the Secondary Contractor, Ranger           Construction Industries, Inc. (Ranger), the second lowest responsive,             responsible bidder.  SUMMARY: The Annual Asphalt Milling and Resurfacing Contract consists of milling and disposal of existing asphalt       pavement, maintenance of traffic, cleaning of surfaces for finish           applications, and furnishing, hauling, and placement of specified asphalt courses.  With 10% Small Business Enterprise (SBE) participation, Ranger failed to meet the 15% SBE goal.  Community committed to 15.1% SBE participation and has met the limits for ranking of responsive bidders.  Consequently, it is recommended that Community be awarded the Primary Contract.  It is recommended that the Secondary Contract be awarded to Ranger, since they are the only other bidder within the limits of ranking, which committed to SBE participation in excess of seven percent.          Countywide (MRE)

 

 

5.         Staff recommends motion to:

           

            A)  receive and file the executed Federally Funded Subgrant Agreement, 08HM-3G-10-60-01-027, with the State of Florida, Division of Emergency Management (DEM) to conduct an engineering study and design for the Lakeside Mobile Home Park Drainage System (Project) from the period of November 5, 2007 through June 5, 2008; and

 

            B) approve a Budget Amendment of $153,000 in the Capital Outlay Fund to recognize the funding from the Federal Emergency Management Agency (FEMA) for the Hazard Mitigation Grant ($114,750) and from the Westgate/Belvedere Community Redevelopment Agency (CRA) for the 25% match requirement ($38,250) and appropriate it to Westgate/Belvedere CRA-Lakeside Mobile Home Park Drainage for the study and design.

 

            SUMMARY:  On October 1, 2007, Palm Beach County Board of County Commissioners Chairperson, Addie L. Greene, executed said Agreement with DEM to provide funding for the drainage study and design, permitting and geotechnical surveying for Lakeside Mobile Home Park Drainage.          Additional grant funding has been earmarked for the construction phase of this Project after approval of the engineering phase.  Westgate/Belvedere Homes CRA will provide the required $38,250 match and Palm Beach County (County) Engineering will administer the Project.  District 2 (MRE)

 

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         DELETED

 

 

7.         DELETED

 

 

8.         Staff recommends motion to approve:  establishing an impact fee credit up to $387,000 for building a section of Park Avenue West, east of Congress Avenue for Congress Industrial (The Development).  SUMMARY:  The extension of Park Avenue West will go through a portion of The Development along the alignment that was approved by the Board late last year.  Park Avenue West is not needed to provide access to The Development, nor is it required to be built to meet Traffic Performance Standards (TPS).  Impact fee credits for roadway improvements that are not required by TPS require approval by the Board of County Commissioners (Board).  District 1  (LB)

 

 

9.         Staff recommends motion to approve:  a Public Facilities Agreement (Agreement) with Hypoluxo Homes, LLC (Developer) regarding drainage and construction issues for Hypoluxo Road from Jog Road to Military Trail (Project).  SUMMARY:  The Developer owns a parcel of land located on the south side of Hypoluxo Road just east of Haverhill Road. The planned single family development is known as Isola Bella Isles. The Developer has agreed to accept additional road drainage from the Project, over and above the Development Order conditions, in exchange for Palm Beach County (County) taking over the Developer’s obligation to design and construct a right turn lane servicing the Isola Bella Isles development. There is also a provision in the Agreement for the County to pay a lump sum of $75,000 to the Developer if the County can not timely construct the right turn lane.  If that occurs, the Developer assumes the turn lane obligation.  District 3  (MRE)

 

 

10.       Staff recommends motion to approve:  a Contract with Almazan Brothers, Inc., the lowest, responsive, responsible bidder, in the amount     of $146,037 for the construction of the West 7th Street Drainage Improvements (Project).  SUMMARY:  The Project consists of cleaning and re-grading approximately 1600 feet of swale/ditch along the south side of West 7th Street and providing two culvert crossings for pedestrian/maintenance use. This Project was initiated by the Housing and Community Development, Community Revitalization Agency for the City of Pahokee (HCD).  The Small Business Assistance goal for the             Project is 15%. The Small Business Enterprise (SBE) participation committed for the Project by Almazan Brothers, Inc. is 75.5% overall.  District 6  (MRE)

 

 

 11.      Staff recommends motion to approve: an Agreement in the amount of $2,531,474.98 with E. C. Driver & Associates, Inc., for professional services.  SUMMARY:  This Agreement will provide the professional services necessary for the preparation of design plans and construction bid documents for Ocean Avenue (Lantana) Bridge over the Intracoastal Waterway (Project).  District 4  (MRE)

 

 

 12.      Staff recommends motion to approve:  initiation of the selection process of an appraisal firm to appraise property known as Parcel 100 in fee simple for the construction of a Bus Bay on the northwest corner of the Okeechobee Boulevard and Military Trail intersection.  SUMMARY:  This action will authorize staff to proceed with the selection of an appraiser for a parcel of land known as Parcel 100, for possible acquisition.  Parcel 100 will be used for the construction of a Bus Bay on the northwest corner of the Okeechobee             Boulevard and Military Trail intersection.  District 2  (PM)

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

13.       DELETED

 

 

14.       Staff recommends motion to approve:  an Amendment to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) (R2005-1064) for intersection improvements at Blue Heron Boulevard (State Road 708) and Congress Avenue.  SUMMARY:  The FDOT and Palm Beach County (County) have partnered together to design and construct additional southbound and northbound left turn lanes and reconstruct a six (6) foot wide sidewalk behind the curb and gutter on Congress Avenue at the intersection of Blue Heron Boulevard under a JPA approved on June 22, 2005.  This Amendment is necessary to include the latest Federal and State Audit provisions.  Attachment “A” of the JPA explains the audit requirements for federally and state funded projects.  District 7  (MRE)

 

 

15.       Staff recommends motion to approve:  a Financial Assistance Agreement with the Village of Royal Palm Beach (Village) for beautification improvements on the Florida Department of Transportation’s State Road 7 from the south Village limit (approximately one mile south of Southern Boulevard) to Southern Boulevard. Funding for this agreement was approved by a previous Agreement (R2004-1409) which expired on September 30, 2006.  This Agreement expires on March 31, 2009.  SUMMARY:   The original Agreement provides for a reimbursement, in an amount not-to-exceed $112,944, to the Village for the planned improvements on the Florida Department of Transportation’s State Road 7 from the south Village limit to Southern Boulevard. The completion date of the improvements has been delayed due to contractual issues.  District 6  (MRE)

 

 

16.       Staff recommends motion to approve: an Agreement with Dennis J. Leavy & Associates, Inc. (DJLA) to provide the necessary professional services for surveying and mapping projects on a task order basis, for countywide projects, as required.  SUMMARY: This Agreement will provide the necessary professional services for surveying and mapping projects throughout the County for all user departments.  At the option of the County, this Agreement can be renewed annually for a period of one (1) year, with a maximum of two (2) renewals.  Countywide  (PFK)

           

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve:  execution of a Release and Discharge of the Loan, Mortgage and Security Agreement dated March 1, 1984, by Manor Care of Boynton Beach, Inc. (“Manor Care”) in favor of the County.  SUMMARY:  The County issued its $3,500,000 Industrial Development Revenue Bonds for the Manor Care of Boynton Beach, Inc. project (the “Bonds”) in 1984.  The Bonds were paid off in 1999.  The County did not release and discharge Manor Care’s Loan, Mortgage and Security Agreement related to the Bonds at that time.  Manor Care now requests the County to execute the Release and Discharge of Loan, Mortgage and Security Agreement to clear the title to the property.  District 7  (PFK)

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY  (Cont’d)

 

2.         Staff recommends motion to approve:  a Mediation Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $60,000 in the personal injury action styled Mitchell Carlin vs. Palm Beach County, Case No. 2007CA003249 MB AG.  SUMMARY:  Plaintiff was in a motor vehicle accident on October 15, 2005.  He was stopped at a red light at the intersection of Haverhill Road and Okeechobee Boulevard and was rear-ended by another motor vehicle which was rear-ended by the Defendant Fire Rescue vehicle en route to a call.  His vehicle did not strike anything else.  Upon impact, his right knee hit the dashboard.  He developed increasing pain over the next 24 to 48 hours which included right knee pain and neck and back spasms.  The County driver received two (2) points and a written warning was issued.  Staff, including the Risk Management Roundtable Committee and the Fire Rescue Department, concur that this settlement is in the best interest of Palm Beach County.  Countywide  (SCL)

 

 

3.         Staff recommends motion to approve: a settlement with Entek Environmental & Technical Services, Inc. in the amount of $175,000 and execution of a General Release in favor of Entek and its insurer Zurich American Insurance Company.  SUMMARY:  Palm Beach County has sued Entek Environmental & Technical Services, Inc., and others, to recover the $245,167.14 in extra costs incurred by the County to remove asbestos from the Old Courthouse prior to its restoration.  These costs were incurred as a result of the failure of the County’s consultant, Entek, and the County’s contractor, Simpson and Associates, Inc., to completely identify and remove all of the asbestos during the 1996 remediation efforts.  Entek has agreed to settle the claim against it for $175,000 provided that the County provides it with a General Release in the form attached.  Staff is recommending accepting Entek’s offer in that it represents an immediate recovery of better than 70% of the claim amount and eliminates the uncertainty of litigation, which in this case includes, but is not limited to, potential challenges based upon the reasonableness of the amount of the change order and challenges based upon the statute of limitations.  Countywide  (JCM)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to receive and file:

 

A)  Contract with Salvation Army, A Georgia Corporation for the period of November 1, 2007, to June 30, 2008, in the amount of $25,000;

 

B)  Contract with Faith, Hope, Love, Charity Inc. for the period of November 1, 2007, to June 30, 2008, in the amount of $25,000;

 

C) Contract with Coalition for Independent Living Options, Inc. for the period of November 1, 2007, to June 30, 2008, in the amount of $25,000; and

 

D)  Contract with Families First for the period of November 1, 2007, to June 30, 2008, in the amount of $25,000.

 

SUMMARY:  On August 21, 2007 (R2007-1267), the Board of County Commissioners delegated authority to the County Administrator, or his designee, to sign contracts with the Salvation Army, A Georgia Corporation, Faith, Hope, Love Charity Inc., Coalition for Independent Living Options, Inc. and Families First.  The authorization and designation was necessary to expedite the agreements and thereby avoid gaps in service delivery to homeless individuals and families.  (Human Services)  Countywide (TKF)

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

 

2.         Staff recommends motion to:

 

A) receive and file State of Florida Department of Children and Families (DCF) Homeless Challenge Grant Contract for the period of November 1, 2007, through June 30, 2008, in an amount of $100,000, for provision of services to homeless individuals and families; and

 

B)  approve a Budget Amendment of $40,000 in the General Fund, Human Services.

 

SUMMARY: On August 21, 2007 (R2007-1267), the Board of County Commissioners delegated authority to the County Administrator or his designee to sign the State of Florida Department of Children and Families Homeless Challenge Grant Contract. This authorization and designation was necessary to expedite the agreements and thereby avoid gaps in service delivery to homeless individuals and families. The budget amendment recognizes the funding from DCF. No match is required for these funds. (Human Services)  Countywide  (TKF)

 

 

3.         Staff recommends motion to:

 

A) receive and file State of Florida Department of Children and Families (DCF) Homeless Housing Assistance Grant Contract for the period of November 1, 2007, through June 30, 2008, in an amount of $375,000; and

 

B)  approve a Budget Amendment of $375,000 in the General Fund, Human Services.

 

SUMMARY: On October 2, 2007 (R2007-1684), the Board of County Commissioners delegated authority to the County Administrator or his designee to sign the State of Florida Department of Children and Families Homeless Housing Assistance Grant Contract. This authorization and designation was necessary to expedite the availability and expenditure of the funds.  A budget amendment is needed to acknowledge the grant funding from DCF.  No match is required for these funds. (Human Services)  Countywide  (TKF)

 

 

4.         Staff recommends motion to approve:  Amendment No. One to Contract with Treasure Coast Health Council, Inc. (R2007-1478) to correct work plan dates for Program Support.  SUMMARY:  Dates throughout the work plan of the Treasure Coast Health Council contract are incorrect.  This Amendment is needed to correct dates to the work plan.  No County funds are required.  (Ryan White)  Countywide  (TKF)

 

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

5.         Staff recommends motion to approve:  four (4) contracts with financially assisted agencies totaling $259,945 for the indicated activities, for the period October 1, 2007, through September 30, 2008:

 

A)  Gulfstream Goodwill Industries, Inc. ‑ $19,750 for services to assist homeless people with disabilities overcome barriers and find employment;

 

B)  Florida Outreach for the Blind, Inc. - $25,000 for classes provided at no charge in instruction in Braille, Electronic Communications, Daily Living Skills, Mobility, Computer Training and Personal and Home Management;

 

C)  Children’s Place at Home Safe - $51,500 for services provided in a child-friendly environment designed to provide short-term, intensive treatment and coordinated services to children and families victimized by domestic violence; and

 

D)  City of Pahokee ‑ $163,695, a social‑recreational program providing before‑ and after‑care services to at‑risk children and their families.

 

SUMMARY:  On July 11, 2007, and September 20, 2007, the Board of County Commissioners (BCC) approved the list of agencies and funding allocations under the Financially Assisted Agency Program.  The information submitted in this item reflects the final part of the total funding approved by the Board of County Commissioners for the FY 2008, which is $13,749,311.  These four (4) contracts required additional staff assistance in the area of outcomes development and unit cost finalization, delaying their submittal to the BCC.  (Financially Assisted Agency Program)  Countywide  (TKF)

 

 

6.         Staff recommends motion to approve: Amendment No. 4 to contract (R2007-0741) with Comprehensive AIDS Program, Inc. to increase funding by $100,000 for a total not-to-exceed amount  of $1,262,814 for the period March 1, 2007, through February 29, 2008, for Medical Case Management.  SUMMARY:  Ryan White HIV Health Support service dollars are reviewed throughout the contract year and dollars unlikely to be spent by the end of the contract period are reallocated to best meet the need of the affected clients.  These funds are from Grantee Administration and Quality Management formula budget lines which cannot be carried over to the next contract year.  No County funds are required.  (Ryan White)  Countywide  (TKF)


JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

                        1.         Staff recommends motion to:

 

                        A)  adopt a Resolution authorizing the short-term lease of certain real property to Palm Beach Community College (PBCC) pursuant to Section 125.38, Florida Statutes, which will become effective upon adoption; and

 

                        B) approve a Short Term Lease Agreement with PBCC for use of a portion of Building S-            1440 located at the Palm Beach International Airport for a monthly rental rate of             $5,038.13.

 

SUMMARY:  The Board approved an Airport Building/Ground Lease Agreement with PBCC (R2001-1139) for its Fire/EMS Training Program on July 24, 2001.  PBCC is in the process of relocating its Fire/EMS Program to another location and has requested the short-term use of portions of the property pending relocation to its new facilities.  The new Lease will be on a month-to-month basis and will terminate the current Airport Building/Ground Lease Agreement.  The new Lease may be terminated on fifteen days notice.  The County may elect to lease the remainder of the property to other tenants.  The current monthly rental is $20,288 for the entire site.  The monthly rental will be reduced to $5,038.13 under the new Lease since PBCC vacated the most of the property on October 31, 2007.  Countywide  (JMB)

 

 

                        2.         Staff recommends motion to approve:  Amendment No. 7 to the General Consulting Agreement with CH2M Hill, Inc. for Consulting/Professional Services to exercise the second one (1) year renewal option for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program.  SUMMARY:   The Consulting Agreement (R2005-0319) with CH2M Hill, Inc. for general airport planning and design was approved on February 15, 2005 in the amount of $2,443,804 in order to carry out the approved Capital Improvement Programs for the County’s Airports.  The agreement is for two (2) years with two (2) - one (1) year renewal options.  Amendments 1-6 were approved for a net increase in the amount of $8,942,834.  This Amendment will allow the County, at its sole discretion, to exercise the second one (1) year renewal option for the continuation of services provided under this Agreement.  There is no fiscal impact associated with this Amendment.  The Disadvantaged Business Enterprise (DBE) participation goal of 25% is being met.  Countywide  (JCM)

 

 

                        3.         Staff recommends motion to adopt:  a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 1 with the Florida Department of Transportation (FDOT) amending the original project description.  SUMMARY:  On October 16, 2007 (R2007-1793), the BCC adopted a Resolution approving a Joint Participation Agreement (JPA) with the FDOT in the amount of $1,500,000 or 80% of  the eligible project costs, whichever is less, to construct hangars at Palm Beach County Park Airport (Lantana).  The FDOT has issued SJPA Number 1 amending the original project description to construct hangars and infrastructure at Palm Beach County Park Airport (Lantana), with no increase in funding.  This change will allow us to use state funds towards construction of the access roadway and site utilities.  Countywide  (AH)

 

JANUARY 15, 2008

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS  (Cont’d)

 

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