ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

FEBRUARY 5, 2008

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 - 36)

4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 37)

5. PUBLIC HEARINGS - 9:30 A.M. (Children’s Home Society Bonds) (Page 38)

6. PUBLIC HEARINGS – 2:30 P.M. (Animal Care & Control Ordinance) (Page 39)

7. REGULAR AGENDA (Pages 40 - 43)

8. BOARD APPOINTMENTS (Pages 44 - 45)

9. MATTERS BY THE PUBLIC - 2:00 P.M. (Page 46)

10. STAFF COMMENTS (Page 47)

11. COMMISSIONER COMMENTS (Page 48)

12. ADJOURNMENT (Page 48)

* * * * * * * * * * *

FEBRUARY 5, 2008

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATION

Page 7

3A-1 Extension of subgrant agreement with Florida Division of Emergency Management for Grove Street drainage improvements

3A-2 Conveyance of a 1999 Ford E350 passenger van to Palm Beach Recovery Coalition, Inc.

3A-3 First Amendment to the Development Regions Round X Grant with the City of Riviera Beach

Page 8

3A-4 Agreement with Belle Glade Housing Authority for the No Wind For Seniors Program

3A-5 Amendment No. 4 with Langton Associates, Inc. for consulting/professional services

B. CLERK & COMPTROLLER

Page 8

3B-1 Warrant list

3B-2 Minutes

3B-3 Contracts and claim settlements list

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

Page 9

3B-5 Annual financial reports, excess fees and unexpended budget for FY 2006-2007

C. ENGINEERING & PUBLIC WORKS

Page 9

3C-1 Amended & Restated Agreement for a golf cart underpass w/Toll Jupiter Limited Partnership

3C-2 License Agreement with the School Board for right turn lane on Jog Road at Omni Middle

3C-3 Deleted

3C-4 Deleted

3C-5 Agreements for structural engineering projects with Bridge Design Associates, Inc. and R.J. Behar & Company

Page 10

3C-6 Agreement with Corzo Castella Carballo Thompson Salman for structural engineering projects

3C-7 Supplemental Agreement No. 8 with Arcadis U.S., Inc. for professional services

3C-8 Supplemental Agreement No. 11 with CH2M Hill, Inc. for professional services

3C-9 Agreement with Erdman Anthony of Florida, Inc. regarding intersection improvement projects

3C-10 Budget Transfer of $200,000 for Roosevelt Avenue (Island Way)

3C-11 Contract with Ranger Construction Industries, Inc. for Hypoluxo Road

Page 11

3C-12 Budget Transfer of $200,000 for traffic signal at Summit at Pine Jog Elementary

3C-13 Change Order No. 3 with Seacoast, Inc. for Camino Real Road bridge repair work

D. COUNTY ATTORNEY

Page 11

3D-1 Revised Housing Finance Authority Guidelines for Issuance of Multifamily Rental Housing Revenue Bonds

E. COMMUNITY SERVICES

Page 11

3E-1 Modification No. 3 with Florida Dept. of Community Affairs for the Low Income Home Energy Assistance Program

Page 12

3E-2 Amendment No. 3 with the Use of Facilities Agreement with Alzheimer’s Community Care

3E-3 Contract w/Area Agency on Aging Palm Beach/Treasure Coast for quality assurance services

3E-4 Agreement with Area Agency on Aging of Palm Beach/Treasure Coast for the Nutrition Services Incentive Program

F. AIRPORTS

Page 12

3F-1 Contract with CTR Systems, Inc. for parking access and revenue control system replacement

Page 13

3F-2 Contract with Hi-Lite Markings, Inc. for airfield marking improvements project

3F-3 Agreement to purchase property located west of Runway 9L at PBIA

FEBRUARY 5, 2008

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

F. AIRPORTS (Cont’d)

Page 14

3F-4 Receive and file six (6) standard agreements for the Department of Airports

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 14

3G-1 Recording the FY 2007 retirements of tangible personal property

3G-2 Settlement offer for Code Enforcement Lien against Judy W. Hoffman

Page 15

3G-3 Resolution authorizing issuance of Public Improvement Revenue Note, Series 2008 (Environmentally Sensitive Land Acquisition Project)

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 15

3H-1 JOC Work Order No. 08-038 with West Construction, Inc. regarding build-out space at State Attorney/Public Defender building

3H-2 Contract with Musco Sports Lighting for outdoor lighting at two (2) Lake Lytal Park ballfields

Page 16

3H-3 Change Order No. 5 with Rio-Bak Corporation for Riverbend Park bridge

3H-4 Amendment No. 4 with LBFH, Inc. for Parks & Recreation capital improvement projects

3H-5 First Amendment with City of Riviera Beach regarding County’s 800 MHz radio system

Page 17

3H-6 Interlocal Agreement with Solid Waste Authority regarding drainage easement

3H-7 Access Easement from Tivoli Isles of Palm Beach County Homeowners Association, Inc.

3H-8 Extension of Land Lease Agreement with Solid Waste Authority for North Transfer Station

Page 18

3H-9 Extension of Internal Memorandum of Understanding with Dept. of Airports for 4215 Cherry Rd

3H-10 Fourth Amendment w/SFWMD and Roth Farms, Inc. regarding Public Safety Training facility

Page 19

3H-11 Utility Easement Agreement in favor of FPL for service to Lake Region Water Treatment Plant

3H-12 Utility Easement Agreement in favor of FPL for service to Herman W. Brice Complex

3H-13 Quitclaim Deed from FDOT for 2.765 acre parcel adjacent to WTP. No. 8

3H-14 Stratford Court II, PUD Replat for Fire Rescue Station No. 56

3H-15 BMC Replat No. 1

Page 20

3H-16 Corrective Notice of Limitation of Use for regarding Lake Ida Park

3H-17 Contract with West Construction, Inc. for renovations to Belle Glade Fire Station No. 73

3H-18 Change Order No. 9 with West Construction, Inc. regarding West Boynton PBSO project

3H-19 Amendment No. 2 with Moss & Associates, LLC regarding West County Detention facility

I. HOUSING & COMMUNITY DEVELOPMENT

Page 21

3I-1 Amendment No. 2 with City of Belle Glade regarding drainage improvements

3I-2 Agreement with City of Pahokee for construction of a passive courtyard and parking area

3I-3 Resolution approving the Fifth Amendment to the Hurricane Housing Recovery Plan

Page 22

3I-4 Amendment No. 1 with City of Riviera Beach regarding 32^nd Street improvements

3I-5 Amendment No. 1 with Westgate/Belvedere Homes CRA for Cherry Road street lights

J. PLANNING, ZONING & BUILDING

Page 22

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

K. WATER UTILITIES

Page 23

3K-1 Agreement for Emergency Generator Purchase with Saturnia Homeowners Association

3K-2 Water Quality Monitoring Agreement with Cen West Communities, Inc.

Page 24

3K-3 Contract with TLC Diversified, Inc. for wastewater lift station rehabilitation project

3K-4 Change Order No. 2 with Poole & Kent Company for Lake Region Wellfield improvements

FEBRUARY 5, 2008

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

K. WATER UTILITIES (Cont’d)

Page 25

3K-5 Amendment to Standard Potable Water & Wastewater Development Agrement with The Diocese of Newton for the Melkites

3K-6 Potable Water & Wastewater Development Agreement with Aspen Square, LLC

3K-7 Wastewater Development Agreement with Town of Lake Clarke Shores

Page 26

3K-8 Work Authorization No. 9 with AKA Services, Inc. for PBC/FPL potable water main project

3K-9 First Amendment with City of Delray Beach for an emergency potable water interconnect

3K-10 Work Authorization No. 10 with AKA Services, Inc. for Glades Hospital water main project

Page 27

3K-11 Sponsorship of the WestFest Land & Sea Festival to promote water conservation/education

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 27

3L-1 Project Agreement with FIND for South Lake Worth Inlet sand trap and boat channel dredging

Page 28

3L-2 Contract with Ocean Gate General Contractors, Inc. for the Limestone Creek Natural Area and Lake Okeechobee Scenic Trail

3L-3 2007 Indian River Lagoon License Plat Funding Agreement with SFWMD

Page 29

3L-4 Contract and Addendum with Palm Beach Boat Show for exhibit space

M. PARKS & RECREATION

Page 29

3M-1 Interlocal Agreement with School Board for transitional life skills to students with disabilities

3M-2 Agreement with Towards a More Perfect Union for Community Youth Program

3M-3 Agreement with Delray Beach Downtown Marketing Cooperative for 2007 holiday decorations

Page 30

3M-4 Agreement with For the Children, Inc. for 2008 events

3M-5 Agreement with Museum of Lifestyle and Fashion History for bus tours of historic Delray Bch

3M-6 Agreement with Arts at Mizner Park for tent rental costs for Festival of the Arts Boca event

Page 31

3M-7 Agreement with Boca Raton Champions Golf Charities for 2008 Allianz Championship

3M-8 School Board Recreation Assistance Program for Palmetto Elementary fitness equipment

3M-9 School Board Recreation Assistance Program for JFK Middle band trip

Page 32

3M-10 Receive and file two (2) Independent Contractor Agreements

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE

Page 32

3P-1 Grant Agreement with Community Caring Center for seasonal farmers’ market

Q. CRIMINAL JUSTICE COMMISSION

Page 32

3Q-1 Grant reinstatement and extension with FL Dept. of Law Enforcement for the Community Justice Service Center Treatment project

R. HUMAN RESOURCES - None

S. FIRE RESCUE

Page 33

3S-1 Receive and file four (4) standard agreements for Fire Rescue

3S-2 Resolution establishing special assessment rate for the Palm Beach County Municipal Service Benefit Unit for Fire Hydrant Maintenance and Rental – Boca Raton

3S-3 Selection of Michael McCurdy on the Lantana Firefighters Pension Fund Board

FEBRUARY 5, 2008

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

T. HEALTH DEPARTMENT - None

U. INFORMATION SYSTEMS SERVICES

Page 34

3U-1 Amendment No. 3 to Microsoft Consulting Services Agreement

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC AFFAIRS - None

X. PUBLIC SAFETY

Page 34

3X-1 Contract with FL Department of Community Affairs for emergency management grant funds

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

AA. PALM TRAN

Page 34

3AA-1 Resolution approving grant application with FDOT for mass transit operating funds

Page 35

3AA-2 Labor-Management Agreement with SEIU, Florida Public Services Union, CtW, CLC

BB. SHERIFF

Page 35

3BB-1 Agreement with Circuit 15 Dept. of Children & Families regarding the DCF Re-Entry Case Manager Program

Page 36

3BB-2 FDOT Bicycle Safety Education Program grant for purchase of bicycles and safety helmets

3BB-2 FDOT Highway Safety Grant for I-95 corridor enforcement

CC. TOURIST DEVELOPMENT COUNCIL

Page 36

3CC-1 First Amendment with the Palm Beach County Film and Television Commission regarding the Tourist Development Plan

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 37

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

4B 50^th Anniversary of the Arc of Palm Beach County

4C America Saves

PUBLIC HEARINGS - 9:30 A.M.

Page 38

5A Application of Children’s Home Society of Florida for Variable Rate Demand Revenue Bonds

PUBLIC HEARINGS – 2:30 P.M.

Page 39

6A Animal Care & Control Ordinance

FEBRUARY 5, 2008

TABLE OF CONTENTS

REGULAR AGENDA

ADMINISTRATION

Page 40

7A-1 FY 2009 Federal Legislative Program

7A-2 Resolution supporting Claudia Anderson d/b/a Audio Enhancement for Florida’s Qualified Target Industry Tax Refund Program

Page 41

7A-3 United Way of Palm Beach County request for funding the Prosperity Campaign Volunteer Income Tax Assistance Program

COUNTY ATTORNEY

Page 41

7B-1 Resolution approving the sale of Housing Finance Authority Homeowner Revenue Bonds

7B-2 Agreement with Barry S. Balmuth, P.A. for legal services to represent Fire Rescue District Chief Ken Fisher

Page 42

7B-3 Agreement with Ogletree, Deakins, Nash, Smoak & Stewart for legal services to represent Commissioner Mary McCarty

ENGINEERING & PUBLIC WORKS

Page 42

7C-1 Right-of-Way Construction Permitting Ordinance

HOUSING & COMMUNITY DEVELOPMENT

Page 42

7D-1 Waiver for the State Housing Initiative Program to Dean and Mary Allen under the Emergency Rehabilitation Program

Page 43

7D-2 State Housing Initiative Partnership Purchase Assistance Program criteria

HUMAN RESOURCES

Page 43

7E-1 Family & Medical Leave Act domestic partnership leave program

AIRPORTS

Page 43

7F-1 Dedicate the Palm Beach County Park Airport’s airfield as “Owen H. Gassaway, Jr. Airfield”

BOARD APPOINTMENTS (Pages 44 - 45)

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 46)

STAFF COMMENTS (Page 47)

COMMISSIONER COMMENTS (Page 48)

ADJOURNMENT (Page 48)

FEBRUARY 5, 2008

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. Staff recommends motion to approve: a six (6) month time extension of a federally funded subgrant agreement with the Florida Division of Emergency Management (DEM) to complete the design of drainage improvements as part of the Hazard Mitigation Grant Program. 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 the 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 Commission at the conclusion of the Phase I contract. Due to the long amount of time it took to receive FEMA approval for the Phase I project, a six (6) month extension to complete the project design work was requested and granted from DEM. District 6 (MJ)

2. Staff recommends motion to:

A) adopt Resolution authorizing the conveyance of a 1999 Ford E350 passenger van to the Palm Beach Recovery Coalition, Inc.;

B) approve Agreement establishing the terms of the conveyance with Palm Beach Recovery Coalition, Inc.;

C) approve a Budget Transfer of $5,335 in the Transportation Improvement Fund from Reserve for District 6 to the Cabana Colony – Local Drainage; and

D) approve a Budget Transfer of $5,335 in the Capital Outlay Fund from Cabana Colony – Local Drainage to Ford E350 Van / Palm Beach Recovery Coalition – District 6.

SUMMARY: These actions will result in the conveyance of a passenger van that is no longer needed by the County, to a not-for-profit organization known as the Palm Beach Recovery Coalition, Inc. for a nominal sum of one (1) dollar. The Recovery Coalition operates emergency shelter facilities and provides substance abuse treatment and support counseling for individuals suffering from homelessness and addiction-related disorders. The budget transfers increase the gas tax support and decrease the ad valorem support for the Cabana Colony Drainage Project, freeing up ad valorem funds that will be used to reimburse Fleet Management for the value of the van. Commissioner Santamaria has requested that the van be conveyed to the Recovery Coalition. District 6 (MRE)

3. Staff recommends motion to approve: a First Amendment to the Development Regions Round X Grant Agreement (R2006-1172) with the City of Riviera Beach to extend the term of the Agreement an additional six (6) calendar months. SUMMARY: On June 20, 2006, the Board of County Commissioners approved the Grant Agreement for the City of Riviera Beach (R2006-1172) for the business projects; Stinson Industries, Inc. d/b/a Stephen Brothers Funeral Home, Venture Marine, Inc. (completed) and Westside Barber Shop. This Amendment will allow for extension of the construction reimbursement deadline due to a delay caused by a previous illness and financial difficulties; and extension of the hiring deadline and job maintenance requirements according to the project’s deadline. All projects are located in the "Acute" (35% or greater poverty) area of the Development Regions and the two (2) remaining projects are ready to be completed. District 7 (DW)

FEBRUARY 5, 2008

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION (Cont’d)

4. 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)

5. Staff recommends motion to approve: Amendment No. 4 to the Contract for consulting/professional services with Langton Associates, Inc. (R2004-0180) for services related to Palm Beach County’s Grant Development Program for the period of February 1, 2008, through April 30, 2008, in the amount of $21,537.42. SUMMARY: On February 3, 2004, the Board approved a consulting/professional services contract with Langton Associates, Inc. for the term of February 1, 2004, through January 31, 2005 for a total contract amount of $78,140, to provide grant program development services. Amendment No. 1 approved on February 1, 2005 extended the term an additional one (1) year period and increased the annual amount by 5%. Amendment No. 2 approved on February 7, 2006 extended the term an additional one (1) year period. Amendment No. 3 approved on February 6, 2007 extended the term an additional one (1) year period and increased the annual amount by 5%. This Amendment will extend the term of the contract an additional three (3) month period and provides for a contract amount of $21,537.33. At this time staff is extending the contract for a three (3) month period while preparing a Request for Proposal for the next contract cycle. The purpose of the Request for Proposal is to pre-qualify three (3) grant consultants that will provide services on a task order basis to County departments. Countywide (DSW)

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 Public Hearing September 6, 2007

Workshop September 25, 2007

Regular October 16, 2007

Regular November 20, 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 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 November 2007. Countywide

FEBRUARY 5, 2008

3. CONSENT AGENDA APPROVAL

B. CLERK & COMPTROLLER (Cont’d)

5. Staff recommends motion to receive and file: annual financial reports, excess fees and unexpended budget for FY 2006-2007 for the Clerk & Comptroller, Tax Collector, and Property Appraiser. SUMMARY: The financial reports of these Constitutional Officers were submitted to the Office of the Clerk to the Board on or before October 31, 2007, in accordance with F.S. 218.36. The amounts shown for the Tax Collector and the Property Appraiser represent the total payment to the County. A portion of these revenues are budgeted in the Library, Fire Rescue, and various other special revenue funds.