ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA



FEBRUARY 28, 2006



TUESDAY McEADDY CONFERENCE

9:30 A.M. ROOM



SUE ELLEN CALDRON

1. CALL TO ORDER DEPUTY CLERK



A. Roll Call

B. Invocation

C. Pledge of Allegiance



2. AGENDA APPROVAL



A. Additions, Deletions, Substitutions

B. Adoption



3. CONSENT AGENDA (Pages 7 - 34)



4. PUBLIC HEARINGS - 9:30 A.M. (Pages 35 - 37)



5. REGULAR AGENDA (Pages 38- 48)



6. BOARD APPOINTMENTS (Pages 49 - 50)



7. STAFF COMMENTS (Page 51)



8. COMMISSIONER COMMENTS (Page 52)



9. ADJOURNMENT (Page 52)









* * * * * * * * * * *



FEBRUARY 28, 2006



TABLE OF CONTENTS





CONSENT AGENDA



A. ADMINISTRATION

Page 7

3A-1 Agreement with Department of Environmental Protection for Lake Okeechobee Scenic Trail

3A-2 Amendment to Development Regions Round VIII Grant with City of West Palm Beach

3A-3 Agreement with Discover Palm Beach County for 2005 Economic Summit



B. CLERK AND COMPTROLLER

Page 8

3B-1 Warrant List

3B-2 Minutes - None

3B-3 Contracts and claims settlements list

3B-4 Destruction of Board records



C. ENGINEERING

Page 8

3C-1 Contract with Ranger Construction for Melaleuca Lane

3C-2 Deleted

3C-3 Amendment to Financial Assistance Agreement with City of West Palm Beach

Page 9

3C-4 Amendment to Financial Assistance Agreement with City of West Palm Beach

3C-5 Financial Assistance Agreement with City of West Palm Beach for beautification of medians

3C-6 Interlocal Agreement with Pheasant Walk Homeowners Association for clearing right-of-way

3C-7 Reimbursement Agreement with Town of South Palm Beach for installation of street lights

3C-8 Reimbursement Agreement with City of Riviera Beach for reconstruction of 32nd & 33rd Streets

Page 10

3C-9 Budget Transfer of $9,000 for Country Oaks Lane speed humps

3C-10 Task to the MSTU Agreement with Keshavarz & Associates for Cinquez Park improvements

3C-11 Supplemental Agreement with Metric Engineering, Inc. for professional services

3C-12 Contract with J.W. Cheatham, Inc. for construction of Forest Hill Boulevard & Haverhill Rd.

intersection

Page 11

3C-13 Reimbursement Agreement with City of Delray Beach for addition of curbing on Barwick Rd.

3C-14 Resolution vacating a portion of a 10 ft. wide utility easement within Plat of Pinewood Square

3C-15 Budget Transfer of $35,000 to Summerchase median preparation

3C-16 Financial Assistance Agreement with School District for Glades Road beautification

Page 12

3C-17 Amendment to Financial Assistance Agreement with Town of Mangonia Park

3C-18 Agreement with Kimley-Horn and Associates, Inc. for professional services for ITS

3C-19 Agreement with Jordan, Jones & Goulding, Inc. for professional services

3C-20 Budget Transfer of $98,913 for pathway along West Atlantic Avenue

3C-21 Renewal of annual civil engineering service agreements

Page 13

3C-22 Supplemental Agreement No. 3 with George F. Young, Inc. for professional services

3C-23 Agreement with Toll Jupiter Limited Partnership for widening of Indiantown Road

3C-24 Financial Assistance Agreement with Indian Spring Master Association, Inc. for replacement of damaged hedges

3C-25 Change Order No. 9 with Petro Hydro, Inc. for construction of Schall Circle improvements

Page 14

3C-26 Amendment with FDOT for damage to FHWA roads, signs and signals by Hurricane Jeanne

3C-27 Agreement with City of Lake Worth for paver brick on 6th Avenue South

3C-28 Budget Transfer of $162,000 to Park Vista High School traffic signal

3C-29 Corrective County Deed in favor of Suzanne Siegler along N.E. 5th Avenue

3C-30 Budget Transfer of $12,000 for Boca Highlands Center pedestrian flasher



FEBRUARY 28, 2006



TABLE OF CONTENTS



CONSENT AGENDA CONTINUED



D. COUNTY ATTORNEY

Page 15

3D-1 Settlement in the eminent domain case vs. West Palm Beach

3D-2 Quit-Claim Deed to Plant Explorers, LLC.

3D-3 Quit-Claim Deed to Richard and Lynda Wilson

Page 16

3D-4 Receive and file transcript books pertaining to bond closings

3D-5 Tender of an offer of Judgement/Proposal for settlement in case of Jose Cabanas and Maria Salinas

E. COMMUNITY SERVICES

Page 17

3E-1 Amendment No. 2 with Area Agency on Aging regarding meals programs



F. AIRPORTS

Page 17

3F-1 Receive and file five (5) original contracts/agreements/grants for Airports

3F-2 Development Site Lease Agreement with Hyperion Farms, LLC. for hangar facilities

Page 18

3F-3 Contract with AFCO Constructors, Inc. for Concourse "C" gate expansion project



G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 18

3G-1 Recording of FY 2005 retirements of tangible personal property

3G-2 Resolution declaring the County's intent to seek reimbursement for certain capital expenditure to the Judicial Parking Facilities

Page 19

3G-3 Settlement Offer for Code Enforcement Lien with Robert Thomson

3G-4 Settlement Offer for Code Enforcement Lien with Cohen Market Ventures, LLC.

3G-5 Amendment to Authorization No. 15 with Ernst & Young, LLP for external auditing services



H. FACILITIES DEVELOPMENT & OPERATIONS

Page 20

3H-1 Amendment No. 1 with Engineered Environments, Inc. for annual general contracting

3H-2 JOC Work Order with Engineered Environments, Inc. for installation of emergency generator

3H-3 Amendment No. 4 with Hawthorne Industries, Inc. for annual HVAC contract

Page 21

3H-4 CSA No. 2 with Dunkelberger Engineering & Testing, Inc. for special inspection services

3H-5 Contract with The Weitz Company for construction management services

3H-6 Agreement with the Sheriffs' of Broward and Monroe counties for interoperable communications

Page 22

3H-7 Use Agreement with PBC Sheriff to use cafeteria building at Cherry Road facility

3H-8 First Amendment with City of Belle Glade for access to County's 800MHz radio system

3H-9 Contract with West Construction, Inc. for Jupiter Farms Park soccer fields

3H-10 Contract with Song & Associates, Inc. for Riverbend History Museum and Nature Center

Page 23

3H-11 First Amendment with New Cingular Wireless PCS, LLC for tower sites



I. HOUSING & COMMUNITY DEVELOPMENT

Page 23

3I-1 Agreement with City of Lake Worth for construction of bus shelters with CDBG funds

3I-2 Agreement with City of Lake Worth for street improvements with CDBG funds

3I-3 Relocation benefit and demolition payment for Rosa Ramirez

Page 24

3I-4 Amendment No. 1 with City of Lake Worth for improvements to Wingfield Street



J. PLANNING, ZONING & BUILDING - None

FEBRUARY 28, 2006



TABLE OF CONTENTS





CONSENT AGENDA CONTINUED



K. WATER UTILITIES

Page 24

3K-1 Receive and file eight (8) standard agreements

Page 25

3K-2 Deleted

3K-3 CSA No. 16 with Mathews Consulting, Inc. for the Northern Region Wastewater Pump Station

3K-4 First Amendment with Town of Palm Beach for temporary reallocation of reserve capacity

Page 26

3K-5 Potable Water and Wastewater Development Agreement with Green Cay Village

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 26

3L-1 Receive and file thirteen (13) Interlocal Agreements for 2004 Public Lands Grant program

Page 27

3L-2 Amendment No. 1 with Florida Communities Trust to revise legal description



M. PARKS & RECREATION

Page 27

3M-1 Lease Agreement with SFWMD for Siemens/Palm Beach Downs property

Page 28

3M-2 Agreement with City of Delray Beach for First Night event

3M-3 Agreement with Delray Beach Joint Venture for 2005 winter holiday decorations

3M-4 Agreement with Boys and Girls Clubs of Palm Beach County for Wild Things Public Art event

3M-5 Agreement with Community Development Foundation, Inc. for after school programs

Page 29

3M-6 Agreement with The Center for Youth Activities, Inc. for Center programs

3M-7 Receive and file six (6) School Board RAP projects

Page 30

3M-8 Receive and file one (1) Independent Contractor Agreement

3M-9 Acceptance of $93,226.08 from the Richard G. Lepeska Trust

N. LIBRARY - None



P. COOPERATIVE EXTENSION SERVICE - None



Q. CRIMINAL JUSTICE COMMISSION - None



R. HUMAN RESOURCES - None



S. FIRE RESCUE

Page 30

3S-1 Write-off of uncollectible Fire Rescue receivables

Page 31

3S-2 Receive and file two (2) standard agreement for swimming lessons

3S-3 Emergency Services Agreement with City of Greenacres



T. HEALTH DEPARTMENT - None



U. INFORMATION SYSTEMS SERVICES - None



V. METROPOLITAN PLANNING ORGANIZATION - None



W. PUBLIC AFFAIRS - None





FEBRUARY 28, 2006



TABLE OF CONTENTS



CONSENT AGENDA CONTINUED



X. PUBLIC SAFETY

Page 31

3X-1 Receive and file contract with Department of Community Affairs for emergency management grant funds

3X-2 Grant Agreement with Public Entity Risk Institute for preparation of the Economic Redevelopment Annex

Page 32

3X-3 Resolution authorizing County Administrator or designee to execute certain operational agreements

Page 33

3X-4 Receive and file two (2) Grant Agreements with Department of Community Affairs



Y. PURCHASING - None



Z. RISK MANAGEMENT - None



AA. PALM TRAN

Page 33

3AA-1 Service Provider Application with Area Agency on Aging for senior transportation



BB. SHERIFF

Page 33

3BB-1 Florida Department of Law Enforcement Grant for regional domestic security

Page 34

3BB-2 Budget Amendment of $564,059 for additional law enforcement services



CC. SUPERVISOR OF ELECTIONS

Page 34

3CC-1 Precinct boundary changes



DD. TOURIST DEVELOPMENT COUNCIL

Page 34

3DD-1 Budget Transfer of $176,000 to cover three (3) additional staff positions

3DD-2 Eighth Amendment to the CVB marketing contract



PUBLIC HEARINGS - 9:30 A.M.

Page 35

4A Dillman Heights and Sutton Terrace Water Main Extension project

4B Purchase of water and wastewater assets from the Village of Royal Palm Beach

Page 36

4C 90th Street North Special Assessment Process

4D 63rd Lane Special Assessment Process

4E 88th Place North Special Assessment Process

Page 37

4F Conceptual Alignment 1A of Congress Avenue

4G Five-Year Road Program

REGULAR AGENDA



ADMINISTRATION

Page 38

5A-1 Draft FY '07 Federal Legislative Program

5B-2 Selection of Library Director



COMMUNITY SERVICES

Page 38

5B-1 Recommendations on the Financially Assisted Agencies for FY 2007



FEBRUARY 28, 2006



TABLE OF CONTENTS



REGULAR AGENDA CONTINUED





ENVIRONMENTAL RESOURCES MANAGEMENT

Page 39

5C-1 Increase in the personnel complement for two (2) full-time positions

Page 40

5C-2 ADD-ON: A Local Government Agreement No. OTO6193 with the South Florida Water Management Disrict

PARKS AND RECREATION

Page 41

5D-1 Interlocal Agreement with City of Lake Worth for public waterfront access feasibility study for Bryant Park

5D-2 Allocation of $200,000 in unspecified Recreation Assistance Program funding

Page 42

5D-3 Budget Transfer/Amendment of $2,544,000 for Hurricane Wilma-related expenses



ENGINEERING

Page 42

5E-1 Request from Catalfumo Construction, Inc. regarding reimbursement associated with the construction of Kyoto Drive

5E-2 Palm Beach County Code Parking Ordinance



OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 43

5F-1 Budget Transfer of $399,218 to provide additional tax increment funding

5F-2 Selection of Loop Capital Markets and Merrill Lynch for $55M Airport System Revenue Bonds

5F-3 Audit services selection

Page 44

5F-4 Resolution supplementing Airport System Revenue Bonds

Page 45

5F-5 Resolution authorizing the negotiation of a loan from the Sunshine Governmental Financing Commission

Page 46

5G-1 ADD-ON: An Interlocal Agreement with the Town of Jupiter

5G-2 ADD-ON: An Interlocal Agreement with the Town of Palm Beach Gardens

Page 47

5G-3 ADD-ON: Agreement for Donation and Purchase and Sale with the Lester Family

Page 48

5H-1 ADD-ON: A Resolution providing for the purchase of a Waterfront Preservation Easement

5H-2 ADD-ON: A Resolution providing for the purchase of the Working Waterfront Preservation Easemet

BOARD APPOINTMENTS (Pages 49 - 50)



STAFF COMMENTS (Page 51)



COMMISSIONER COMMENTS (Page 52)



ADJOURNMENT (Page 52)





FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



A. ADMINISTRATION



The following Agenda Items were approved under one motion and vote:

Aaronson Greene Koons McCarty Marcus Masilotti Newell
Yes Yes Yes Yes Yes Yes Yes


1. Staff recommends motion to approve:



the Department of Environmental Protection (DEP) three (3) year Agreement No. S0266 State of Florida Grant Assistance pursuant to Line Item 1771A of the 2005-2006 General Appropriations Act totaling $1 million for implementation of a Palm Beach County Lake Okeechobee Scenic Trail (LOST) Tourism Enhancement Master Plan; and



B)

APPROVED

a Budget Amendment of $1,000,000 in the Economic Development Fund to appropriate the award and recognize the revenue.



SUMMARY: The County's LOST Tourism Enhancement Master Plan is a five (5) year capital improvement plan to guide and fund development of needed tourism-related business and job opportunities for residents of the Glades communities. The plan is broken down into three (3) segments: 1) design and construction of entryways in each of the downtown redevelopment areas of the Glades communities (Belle Glade, South Bay, Pahokee and unincorporated Canal Point); 2) to link the entryways with multi-use paths connecting to the Lake Okeechobee Scenic Trail; and 3) to identify and quantify the trailhead development projects with economic potential including private sector partners and funding sources. These funds will be used to ensure development of quality entryways and trailhead projects. District 6 (DW)



2.

APPROVED
R-2006-0292

Staff recommends motion to approve: a First Amendment to the Development Regions Round VIII Grant Agreement R2004-0977 with the City of West Palm Beach to extend the term of the Agreement an additional six (6) calendar months for the purpose of extending the construction reimbursement deadline due to delays caused by the hurricanes in 2004 and 2005, and extending the hiring deadlines and job maintenance requirements according to the project's deadline. SUMMARY: On June 8, 2004, the Board of County Commissioners approved the Grant Agreement for the City of West Palm Beach (R2004-0977) for the business projects, MC1300, LLC Carwash and the Law Office of Richard A. Ryles, P.A. located in the Greater Northwest/Coleman Park area in West Palm Beach. Permits are in process for these projects. The projects are located in an "Acute" (35% or greater poverty) area of the Development Regions. District 7 (LB)





3.

APPROVED
R-2006-0293

Staff recommends motion to ratify: the Chairman's signature on an Agreement with Discover Palm Beach County for the selected services of the Convention Center in the amount of $72,860 relating to the 2005 Economic Summit held on November 9 and 10, 2005. These costs were offset by sponsorship and registration fees. SUMMARY: On November 9 and 10, 2005, the County held the 2005 Economic Summit at the Convention Center to gather input from residents, business leaders, educators and elected officials to collectively develop a vision for Palm Beach County for the next 10 to 20 years. Results of the Summit will provide a springboard for a phased, multi-year revision of the County's economic strategic business plan. Countywide (MC)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



B. CLERK AND COMPTROLLER



1.

APPROVED

Staff recommends motion to approve: Warrant List.



2.

APPROVED

Staff recommends motion to approve: the following final minutes of the Board of County Commissioners' meetings: None



3.

APPROVED
R-2006-0294 THRU R-2006-0297

Staff recommends motion to approve: Contracts (regular & hurricane related) and claim settlements list as submitted by various department to the Clerk & Comptroller's Office. Countywide



4.

APPROVED

Staff recommends motion to approve: Destruction of Board of County Commissioners records (1998 - 2001), boxes 1-58 and 70-106, which have met the revised required State retention schedule. SUMMARY: These records have met the required retention schedule of the Florida Division of Library and Information Services (Ch 28.30, Ch 257.36(6)). The Board's Internal Auditor, OFMB, Finance and the County Attorney have reviewed the list. Countywide (PFK)



C. ENGINEERING & PUBLIC WORKS



1. Staff recommends motion to approve:



A)

APPROVED
R-2006-0298

a $5,219,258.60 Contract with Ranger Construction Industries, Inc., (Ranger) the lowest responsive, responsible bidder, for the construction of Melaleuca Lane from Jog Road to Haverhill Road (Project);



B)

APPROVED

a Budget Transfer of $280,092 in the Road Impact Fee Fund - Zone 4 from Reserves to Melaleuca Lane from Jog Road to Haverhill Road; and



C)

APPROVED

a Budget Amendment of $46,342 in the Road Impact Fee Fund - Zone 4 to recognize utility reimbursements from Adelphia Cable ($12,521), BellSouth Telecommunications ($19,921) and Florida Gas and Transmission ($13,900), and appropriate it to Melaleuca Lane from Jog Road to Haverhill Road.



SUMMARY: This Contract will provide all the work necessary to construct the Project. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Ranger is 15.0%, thus meeting the SBE goal for this Project. District 2 (MRE)



2. DELETED





3

DELETED

Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2004-1531) with the City of West Palm Beach (City) for an extension of the completion date for the installation of improvements. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed a maximum of $52,701, to the City for the City's effort to install improvements on Palm Beach Lakes Boulevard from Australian Avenue to west of Golf Drive. This Amendment with the City will extend the completion date from September 30, 2005 to March 31, 2007, as requested by the City. The completion of the improvements has been slowed due to delays encountered by the City in its efforts to accomplish the improvements. District 7 (MRE)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



4.

DELETED

Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2004-1530) with the City of West Palm Beach (City) for an extension of the completion date for the installation of the improvements. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed a maximum of $150,000, to the City for the City's effort to install improvements on Palm Beach Lakes Boulevard from Hank Aaron Drive to 360 feet west of Golf Drive. This Amendment between the City and County will extend the completion date from September 30, 2005 to March 31, 2007, due to delays encountered by the City in its efforts to accomplish the improvements. District 7 (MRE)





5.

DELETED

Staff recommends motion to approve: a Financial Assistance Agreement with the City of West Palm Beach (City) to provide a reimbursement contribution not-to-exceed $75,000. SUMMARY: This Agreement provides funding to reimburse the City up to 41% of the cost of the installation of beautification within the medians of Palm Beach Lakes Boulevard from Executive Center Drive to Hank Aaron Drive, with contributions not-to-exceed $75,000. The City will be responsible for the perpetual maintenance of these improvements. District 7 (MRE)





6.

APPROVED
R-2006-0299

Staff recommends motion to approve: an Interlocal Agreement in the amount of $15,000, with the Pheasant Walk Homeowners Association (Association) to reimburse the Association for costs incurred on clearing public rights-of-way after Hurricane Frances. SUMMARY: This Agreement and previously approved Budget Transfer will reimburse the Association for costs incurred as a result of clearing public rights-of-way after Hurricane Frances. District 4 (MRE)





7. Staff recommends motion to approve:



A)

APPROVED
R-2006-0300

a Reimbursement Agreement in the amount of $60,000 with the Town of South Palm Beach (Town) for installation of street lights along SR A-1-A/Ocean Boulevard; and



B)

APPROVED

a Budget Transfer of $60,000 in the Transportation Improvement Fund from Reserve for District 4 to Town of South Palm Beach A-1-A/Ocean Boulevard - District 4.



SUMMARY: This Budget Transfer reimburses the Town the amount of $60,000 for installation of street lights along SR A-1-A/Ocean Boulevard. District 4 (MRE)





8. Staff recommends motion to approve:



A)

APPROVED
R-2006-0301

a Reimbursement Agreement in the amount of $33,676 with the City of Riviera Beach (City) for reconstruction of 32nd and 33rd Streets within the City limits; and



B)

APPROVED

a Budget Transfer of $33,676 in the Transportation Improvement Fund from Reserve for District 7 to 32nd and 33rd Street Reconstruction Project - District 7.



SUMMARY: This Budget Transfer reimburses the City the amount of $33,676 for reconstruction of 32nd and 33rd Street within the City limits. District 7 (MRE)





FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



9.

APPROVED

Staff recommends motion to approve: a Budget Transfer of $9,000 in the Transportation Improvement Fund from Reserve for District 1 to Country Oaks Lane Speed Humps - District 1. SUMMARY: The District 1 Commissioner has authorized funding to cover the increase in asphalt cost for the speed humps. District 1 (MRE)





10.

APPROVED
R-2006-0302

A) the second and final renewal of the Municipal Service Taxing Unit (MSTU) Districts "A through E" Services Agreement with Keshavarz & Associates, Inc. (KAI), original Agreement dated February 3, 2004 (R2004-0191), to do work on a task order basis;



B)

APPROVED

a Budget Transfer of $93,756 in the Municipal Service Taxing Unit (MSTU) District "A" Fund from Reserves to the Cinquez Park East Area Improvements (Project); and



C)

APPROVED
R-2006-0303

a $159,778 Task to the Annual MSTU Districts "A" through "E" Agreement with Keshavarz & Associates, Inc. for engineering, surveying, permitting and geotechnical services for design and construction plans for the Project.



SUMMARY: The second and final renewal of the MSTU Agreement will allow KAI to provide continuing service to Palm Beach County for the remainder of the terms of the Agreement. The Budget Transfer will provide funds for the engineering services required for the preparation of plans and specifications for the Cinquez Park Area Improvements (Project). The Task Agreement will allow KAI to provide the engineering, surveying, permitting, and geotechnical services for preparation of design and construction plans for the Project. District 1 (MSTU "A") (MRE)





11.

APPROVED
R-2006-0304

Staff recommends motion to approve: Supplemental Agreement No. 18 to Project Agreement (R1993-603D) in the amount of $35,473.62 with Metric Engineering, Inc. (MEI) for professional services. SUMMARY: This Supplemental Agreement will provide the services necessary for the preparation of revised design plans for Congress Avenue Extension from Northlake Boulevard to Alternate AIA (Project). District 1 (PFK)





12. Staff recommends motion to approve:



A)

APPROVED
R-2006-0305

a $1,041,336.90 Contract with J.W. Cheatham, Inc. (Cheatham), the sole responsive, responsible bidder, for the construction of Forest Hill Boulevard and Haverhill Road Intersection Improvements (Project); and



B)

APPROVED

a Budget Amendment of $337,396 in the Transportation Improvement Fund to recognize a $278,447 contribution from a developer and utility reimbursements from BellSouth Telecommunications ($13,605), Florida Public Utilities ($4,600) and The Village of Palm Springs ($40,744) and appropriate it to Forest Hill Boulevard and Haverhill Road Intersection Improvements.



SUMMARY: This Contract will provide all the work necessary to construct the Project. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Cheatham is 15.0% overall. The sole bidder, J.W. Cheatham, Inc., has met the SBE requirement for this project. District 2 (MRE)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



13. Staff recommends motion to approve:



A)

APPROVED
R-2006-0306

a Reimbursement Agreement in the amount of $12,500 with the City of Delray Beach (City) for addition of curbing to the west side of Barwick Road; and



B)

APPROVED

a Budget Transfer of $12,500 in the Transportation Improvement Fund from Reserve for District 4 to the City of Delray Beach for Barwick Road Curbing - District 4.



SUMMARY: This Budget Transfer reimburses the City the amount of $12,500 for the addition of curbing to the west side of Barwick Road adjacent to the Barwick Ranch Estates. District 4 (MRE)





14.

ADOPTED
R-2006-0307

Staff recommends motion to adopt: a Resolution vacating a portion of a ten (10) foot wide utility easement as recorded in Official Record Book 5720, Pages 1872-1904, within the Plat of Pinewood Square, in a portion of Parcel 8, as recorded in Plat Book 84, Pages 129-134, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located on the southeast corner of Lantana Road and Jog Road. The petitioner is requesting the vacation to resolve a conflict with the construction of a proposed building. District 3 (PFK)





15.

APPROVED

Staff recommends motion to approve: a Budget Transfer of $35,000 in the Transportation Improvement Fund from the Reserves for District 6 to Summerchase Median Preparation - District 6. SUMMARY: This Budget Transfer will fund the preparation of medians along Lake Worth Road adjacent to the Summerchase Development for the installation of landscaping by the County. District 6 (MRE)





16. Staff recommends motion to approve:



A)

APPROVED
R-2006-0308

a Financial Assistance Agreement with the School District of Palm Beach County (District), to provide funding in an amount not-to-exceed $100,000; and

B)

APPROVED

a Budget Transfer of $100,000 in the Transportation Improvement Fund from Reserve for District 5 to West Boca Raton Community High School along Glades Road Beautification - District 5.



SUMMARY: This item provides funding in the amount of $100,000 to enhance the buffer landscaping for West Boca Raton Community High School, on school property, along the school's perimeter (within 25 feet of, and visible from) the County's right-of-way for Glades Road. Funding comes from the District 5 Gas Tax Reserves. After the installation, the District will be responsible for perpetual maintenance of the improvements. District 5 (MRE)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



17.

APPROVED
R-2006-0309

Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2004-1856) with the Town of Mangonia Park (Town), for an extension of the completion date for the installation of the improvements and to extend the eastern limits of the project from Australian Avenue eastward to East Avenue. SUMMARY: The original Agreement provides for a reimbursement in an amount not-to-exceed a maximum of $25,000, to the Town for the Town's effort to install improvements on 45th Street between Embarcadero Drive and Australian Avenue. This Amendment between the Town and County will extend the completion date from September 30, 2005 to September 30, 2006, due to delays encountered by the Town in its efforts to accomplish its planning. Additionally, the Town wishes to increase the limits of the project on 45th Street eastward from the present limit of Australian Avenue to the Town's municipal boundary at East Avenue. District 7 (MRE)



18.

APPROVED
R-2006-0310

Staff recommends motion to approve: an Agreement with Kimley-Horn and Associates, Inc. (KHA) to provide the necessary professional services for the implementation of an Intelligent Transportation System on a task order basis, for Countywide projects, as required. SUMMARY: This Agreement will provide the necessary professional services for an Intelligent Transportation System throughout the County for all user departments. At the option of the County, this Agreement will be renewed annually for a period of one (1) year, with a maximum of two (2) renewals. Countywide (MRE)



19.

APPROVED
R-2006-0311

Staff recommends motion to approve: an Agreement in the amount of $309,078.16 with Jordan, Jones & Goulding, Inc. (JJG) for professional services. SUMMARY: This Agreement will provide the professional services necessary for the preparation of a preliminary study, design plans and construction bid documents for Boca Rio Road from S.W. 18th Street to Palmetto Park Road (Project). District 5 (PFK)





20.

APPROVED

Staff recommends motion to approve: a Budget Transfer of $98,913 in the Transportation Improvement Fund from Reserves for District 5 to Fiscal Year 2005 Pathway Program for the construction of a pathway along West Atlantic Avenue from Legends Way to Michelangelo Boulevard. SUMMARY: The Budget Transfer will fund the design, permitting and construction of a pathway along the south side of West Atlantic Avenue from Legends Way to Michelangelo Boulevard. The District 5 Commissioner has authorized funding for this project from his District Reserves fund. District 5 (MRE)



Staff recommends motion to approve: the renewal of the Civil Engineering Service Agreements with the following firms:

Original

Firm Name Agreement Date Resolution No.



APPROVED
R-2006-0312

Keshavarz & Associates, Inc. February 03, 2004 R2004-0195

APPROVED
R-2006-0313

K-F Group, Inc. February 03, 2004 R2004-0196

Michael B. Schorah & APPROVED R-2006-0314

Associates, Inc. February 24, 2004 R2004-0301



SUMMARY: These Agreements are being considered for renewal for required professional services, on a task order basis. Countywide (PFK)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



22.

APPROVED
R-2006-0315

Staff recommends motion to approve: Supplemental Agreement No. 3 to Project Agreement (R2002-1667) in the amount of $87,392.98 with George F. Young, Inc. (GFY) for professional services. SUMMARY: This Supplemental Agreement will provide the services necessary for the preparation of plan revisions for Alternate AIA (SR-811) from Toney Penna Drive to Indiantown Road (project). District 1 (PFK)





23.

APPROVED
R-2006-0316

Staff recommends motion to approve: an Agreement with Toll Jupiter Limited Partnership (Toll) to allow Toll to construct the widening of Indiantown Road from four (4) lanes to six (6) lanes, from the Florida Turnpike to the entrance to Parcel 19, and allowing road impact fee credits for the creditable portion of the roadway widening. SUMMARY: Parcel 19 has a development order condition to widen Indiantown Road. This Agreement contractually obligates Toll to construct the widening project. The Agreement also allows impact fee credits, in accordance with the provisions in the Impact Fee Ordinance. District 1 (LB)





24. Staff recommends motion to approve:



A)

APPROVED
R-2006-0317

a Financial Assistance Agreement with Indian Spring Master Association, Inc. (Association), to provide reimbursement funding not-to-exceed $16,500; and



B)

APPROVED

a Budget Transfer of $16,500 in the Transportation Improvement Fund from Reserve for District 5 to Woolbright Road, for the replacement of damaged hedges along the right-of-way for Woolbright Road, on Association property, between El Clair Ranch Road and Military Trail.



SUMMARY: This Agreement provides funding to reimburse the Association up to a maximum of $16,500 of the cost of the replacement of damaged hedges along (within 25 feet of and entirely visible from) the right-of-way for Woolbright Road, on Association property, between El Clair Ranch Road and Military Trail. The Association will be responsible for the perpetual maintenance of these improvements. District 5 (MRE)





25. Staff recommends motion to approve:



A)

APPROVED
R-2006-0318

Change Order No. 9 in the amount of $31,000, together with a 31-day time extension, to Contract No. R2005-0521 with Petro Hydro, Inc. for construction of Schall Circle Street Improvements; and



B)

APPROVED

a Budget Transfer of $29,400 in the Transportation Improvement Fund from Reserves - Road Program Sweeps to Schall Circle Street Improvements.



SUMMARY: Change Order No. 9 is for the adjustment of existing water main and force main valve boxes, as requested and fully reimbursable by Palm Beach County Water Utilities, providing asphalt overlay of existing pavement as needed, and granting a 31-day time extension. The Budget Transfer will fund the Change Order work. District 2 (MRE)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



C. ENGINEERING & PUBLIC WORKS (Cont'd)



26.

APPROVED
R-2006-0319

Staff recommends motion to approve: Amendment No. 2 to the Joint Participation Agreement (R2005-0531), dated April 19, 2005, with the Florida Department of Transportation (FDOT) to reimburse Palm Beach County (County) and the local municipalities for damage to Federal Highway Administration (FHWA) Federal Aid System roads, traffic signs and signals caused by Hurricane Jeanne. SUMMARY: This second Amendment will reallocate funds between categories of claims that will be paid to the County within the original estimated total costs submitted by the County to FDOT. There will be no fiscal impact. Countywide (MRE)





27.

APPROVED
R-2006-0320

Staff recommends motion to approve: an Agreement with the City of Lake Worth for the installation, maintenance and indemnification of the County for paver brick to be constructed within Palm Beach County right-of-way on 6th Avenue South. SUMMARY: The proposed Agreement will allow the Community Redevelopment Agency (CRA) to construct paver brick for the crosswalks along 6th Avenue South within the City of Lake Worth. This Agreement transfers maintenance responsibility for the paver brick to the City of Lake Worth. District 7 (PFK)





28.

APPROVED

Staff recommends motion to approve: a Budget Transfer of $162,000 from the Transportation Improvement Fund for District 3 to Park Vista High School south entrance traffic signal - District 3. SUMMARY: The District 3 Commissioner has authorized a $162,000 contribution to fund the costs for the installation of the bus loop entrance traffic signal on the south side of the school. District 3 (MRE)





29. Staff recommends motion to approve:



A)

APPROVED
R-2006-0321

a Corrective County Deed in favor of Suzanne Siegler for County-owned right-of-way along Northeast 5th Avenue in the City of Boca Raton; and



B)

APPROVED
R-2006-0322

a County Deed in favor of Gregory K. Talbott for County-owned right-of-way along Northeast 5th Avenue in the City of Boca Raton.



SUMMARY: This item will correct a transfer of County-owned right-of-way, lying within the City of Boca Raton. District 4 (PFK)





30. Staff recommends motion to approve:



A)

APPROVED

a Budget Transfer of $12,000 in the Transportation Improvement Fund from Reserve for District 4 to Boca Highlands Center pedestrian flasher - District 4.



B)

APPROVED
R-2006-0323

a Reimbursement Agreement in the amount of $12,000 with the Boca Highlands Center for reimbursement for funding the installation of pedestrian flashers along South Ocean Boulevard by the County.



SUMMARY: The Budget Transfer and Reimbursement Agreement will reimburse the Boca Highlands Center for the cost to install pedestrian flashers along South Ocean Boulevard by the County. District 4 (MRE)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



D. COUNTY ATTORNEY



Staff recommends motion to approve: a Settlement in the eminent domain action styled Palm Beach County v. City of West Palm Beach, et al., Case No. 502005CA008346XXXXMB, Parcels 100, 104, 105, 106, 200, 202, 203, 204, 303 and 304, for the construction and improvement of Roebuck Road from State Road 7 to Jog Road, Project No. 2005506, in the amount of $382,335, inclusive of attorney's fees and costs. SUMMARY: This matter was tentatively resolved prior to the Order of Taking hearing pending approval of the Board. If the proposed Stipulation of Settlement is approved, the City of West Palm Beach will convey to the County Parcels 100, 104, 105, 106, 200, 202, 203, 204, 303 and 304, by deeds. As compensation thereof, the County will pay the City the sum of $385,335, which represents the County's initial good faith, pre-suit offer to purchase the property. The compensation paid to the City is inclusive of attorney's fees and costs. District 2 (PM)





2.

APPROVED
R-2006-0324

Staff recommends motion to approve: execution of a Quit-Claim Deed to Plant Explorers, LLC, conveying any County interest in certain rights-of-way in Palm Beach Farms Plat No. 3. SUMMARY: Recent recorded quit-claim deeds to the County from West Peninsular Title Company and Absolute, Inc. have raised a title issue. County Quit-Claim Deeds have been used to resolve this title issue with other affected property owners. This Quit-Claim Deed covers certain Palm Beach Farms Plat No. 3 strips that had lost public dedication through the West Peninsular federal lawsuit. The property is located at 5200 Fearnley Road, Lake Worth, Florida 33467. District 2 (PFK)





3.

APPROVED
R-2006-0325

Staff recommends motion to approve: execution of a Quit-Claim Deed to Richard and Lynda Wilson, conveying any County interest in certain rights-of-way in Palm Beach Farms Plat No. 3. SUMMARY: Recent recorded quit-claim deeds to the County from West Peninsular Title Company and Absolute, Inc. have raised a title issue. County Quit-Claim Deeds have been used to resolve this title issue with other affected property owners. This Quit-Claim Deed covers certain Palm Beach Farms Plat No. 3 strips that had lost public dedication through the West Peninsular federal lawsuit. The property is located at 5200 Fearnley Road, Lake Worth, Florida 33467. District 2 (PFK)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



D. COUNTY ATTORNEY (Cont'd)



4.

APPROVED
R-2006-0326 THRU R-2006-0330

Staff recommends motion to receive and file: transcript books pertaining to the bond closings for: a) $6,410,000 Palm Beach County Variable Rate Demand Revenue Bonds, Series 2005, (the Maltz Jupiter Theater, Inc. Project), dated March 18, 2005, as authorized by Resolution R2005-0593 on March 15, 2005; b) $13,485,000 Palm Beach County, Florida, Revenue Refunding Bonds, Series 2005, (North County Courthouse & Sheriff's Motor Pool Facilities Project), dated July 7, 2005, as authorized by Resolution R2005-0598 on March 15, 2005; c) $9,520,000 Palm Beach County, Florida, Public Improvement Revenue Refunding Bonds, Series 2005, (the Judicial Center Parking Facilities Project), dated May 4, 2005, as authorized by Resolution R2005-0599 on March 15, 2005; d) $20,070,000 Palm Beach County, Florida, Stadium Facilities Revenue Refunding Bonds, Series 2005, dated June 22, 2005, as authorized by Resolution R2005-0925 on May 3, 2005; and e) $10,000,000 Industrial Development Revenue Bonds, The Children's Home Society of Florida Project, Series 2002, dated October 20, 2005, as authorized by R2005-1605 on August 16, 2005. SUMMARY: During the past year the Board has approved the issuance of bonds on the $6,410,000 Palm Beach County Variable Rate Demand Revenue Bonds, Series 2005, (the Maltz Jupiter Theater, Inc. Project); the $13,485,000 Palm Beach County, Florida, Revenue Refunding Bonds, Series 2005 (North County Courthouse & Sheriff's Motor Pool Facilities Project); the $9,520,000 Palm Beach County, Florida, Public Improvement Revenue Refunding Bonds, Series 2005, (the Judicial Center Parking Facilities Project); the $20,070,000 Palm Beach County, Florida, Stadium Facilities Revenue Refunding Bonds, Series 2005; and the $10,000,000 Industrial Development Revenue Bonds, The Children's Home Society of Florida Project, Series 2002, dated October 20, 2005, as authorized by R-2005-1605 on August 16, 2005. The official transcripts of above-referenced public improvement revenue bond issues have been provided by bond counsel. These five (5) items should now be received and filed in the Minutes Department. Countywide (PFK)





5.

AUTHORIZED

Staff recommends motion to authorize: the tender of an Offer of Judgment/Proposal for Settlement, inclusive of attorneys fees and costs, in the total amount of $100,000 in the personal injury case of Jose Cabanas and Maria Salinas v. Palm Beach County, Case No. 502005CA005266XXXXMB. The tender of the Offer of Judgment/Proposal for Settlement will be with plaintiff, Jose Cabanas, only. The excess carrier wants to file an Offer of Judgment/Proposal for Settlement over and above the sovereign immunity limits, but needs confirmation that the County will tender its sovereign immunity cap and pay the first $100,000. The County previously settled with co-plaintiff, Maria Salinas, his wife, for $20,000. SUMMARY: This is a personal injury case arising from a motor vehicle accident involving a Palm Tran bus. The bus driver allegedly rear-ended the plaintiff after the plaintiff allegedly stopped short in the course of making a right turn. The internal Palm Tran accident review board concluded the accident was "avoidable." The plaintiff has outstanding medical bills of more than $400,000. Countywide (PGG)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



E. COMMUNITY SERVICES



1.

APPROVED
R-2006-0331

Staff recommends motion to approve: Amendment No. 002 to Contract No. IU005-1 (R2004-2344; dated November 16, 2004) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA): a) increasing the rate per meal; b) increasing the number of units; and c) increasing the maximum reimbursement to $367,702 for the period October 1, 2004, through September 30, 2005. SUMMARY: Nutrition Services Incentive Program (NSIP) funds are available to supplement the cost of meals in the Division of Senior Services (DOSS) Congregate and Home Delivered Meals Program. This Amendment increases the rate per meal from $0.7714178 to $0.79861283; increases the number of units from 449,515 to 460,427; and increases the new maximum reimbursement from $346,763 to $367,702. The Amendment is retroactive to October 1, 2004. This Amendment was received from AAA on January 25, 2006. No County funds are required. (DOSS) Countywide, except for portions of Districts 3,4,5 and 7 south of Hypoluxo Road (TKF)

F. AIRPORTS



1.

APPROVED

Staff recommends motion to receive and file: five (5) original contract(s)/agreement(s)/grant(s) for the Department of Airports:



A)

APPROVED
R-2006-0332

Agreement to Extend and the Second Amendment to Airline-Airport Use and Lease Agreement with American Airlines, Inc. (R2001-0154), effective October 1, 2005;



B)

APPROVED
R-2006-0333

Hangar Lease Agreement for North County General Aviation Airport with Helen Ahnert, Hangar No. 11720-09, effective January 1, 2006;



C)

APPROVED
R-2006-0334

Hangar Lease Agreement for North County General Aviation Airport with Dale Aviation, LLC, Hangar No. 11740-13, effective December 15, 2005;



D)

APPROVED
R-2006-0335

Hangar Lease Agreement for North County General Aviation Airport with Richard Dumais, Hangar No. 11350-03, effective September 3, 2005; and



E)

APPROVED
R-2006-0336

Hangar Lease Agreement for North County General Aviation Airport with William Phillips, Hangar No. 11740-07, effective February 1, 2006.



SUMMARY: Delegation of authority for execution of these standard County contracts/agreements/grants above was approved by the BCC in R2003-1047 and R2004-1367, pursuant to PPM No. CW-0-51. Countywide (LMB)

2.

APPROVED
R-2006-0337

Staff recommends motion to approve: a Development Site Lease Agreement with Hyperion Farms, LLC for the development, construction and operation of hangar facilities for an annual initial rental of $20,267.24. SUMMARY: Hyperion Farms, LLC has requested to lease 1.667 acres of land at North County General Aviation Airport to construct two (2) hangars of approximately six thousand (6,000) square feet each, which shall include lobby, classroom, break room and storage space. They will construct an additional ten thousand (10,000) square feet of associated aircraft ramp including a taxi lane and access road into the leased premises. This Lease requires Hyperion Farms, LLC to make a minimum capital expenditure of $850,000. A term of twenty (20) years will commence on Board approval, issuance of a Certificate of Occupancy or twenty-four (24) months from effective date, whichever occurs first. Hyperion Farms, LLC will have the option to extend the lease for two (2) additional periods of five (5) years each under the same terms and conditions except being required to pay rental on all leasehold improvements in addition to ground rental. Countywide (LMB)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



F. AIRPORTS (Cont'd)



3. Staff recommends motion to approve:



A)

APPROVED
R-2006-0338

Contract with AFCO Constructors, Inc. in the amount of $17,433,942 for the Concourse "C" Gate Expansion Project at Palm Beach International Airport (PBIA);



B)

APPROVED

Budget Transfer of $12,650,000 in the Passenger Facility Charge (PFC) Fund from reserves to the Improvement and Development Fund;

C)

APPROVED

Budget Amendment of $13,979,000 in the Improvement and Development Fund to recognize the $12,650,000 transfer from the PFC Fund and a grant of $1,329,000 from the Florida Department of Transportation in order to appropriate it to the Concourse "C" Gate Expansion project; and



D)

APPROVED

Budget Transfer of $4,021,000 in the Improvement and Development Fund from the Administration Building Project to the Concourse "C" Gate Expansion Project. This project will be reestablished with subsequent financing.



SUMMARY: The construction of three (3) additional gates on Concourse "C" at PBIA was approved by the BCC on October 18, 2005. This project was advertised utilizing the competitive bid process. On November 15, 2005, only one (1) bid was received from AFCO Constructors, Inc. in the amount of $18,039,900. The Department of Airports, the project designer PBS&J and the contractor AFCO Constructors, Inc. entered into negotiations and were able to identify cost savings of $605,958 bringing the project cost down to $17,433,942. AFCO Constructors, Inc. has been identified as a responsible/responsive bidder in the amount of $17,433,942. Staff recommends establishing a budget for this project in the amount of $18,000,000, which will fund the contract with AFCO and provide for an additional 3.2% in value to provide for permit fees, administrative costs, and construction contingencies. The Small Business Enterprise (SBE) goal for this project was established at 15.00%. AFCO Constructors, Inc., bid contained 15.02% SBE participation. Countywide (JCM)



G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET



1.

APPROVED

Staff recommends motion to approve: the recording of the FY 2005 retirements of tangible personal property (equipment, vehicles, publications) in the official minutes of the Board of County Commissioners' meeting as prescribed by Florida Statutes, Chapter 274. SUMMARY: Florida Statutes, Chapter 274 and the Palm Beach County "Surplus Property Ordinance" require the recording of the disposal (retirement) of tangible personal property from the official records of Palm Beach County at historical value. Disposal, retirement, and reconciliation adjustments total $31,597,944.50, which includes 204 items unaccounted for, but not disposed of in Fiscal Year 2005, in the amount of $604,565.30 (depreciated value of $42,517.81). Approval of this agenda item allows for Palm Beach County to meet required legal obligations. Countywide (PFK)



2.

ADOPTED
R-2006-0339

Staff recommends motion to adopt: a Resolution declaring the County's official intent to seek reimbursement for certain capital expenditure to be made with respect to the acquisition, construction and equipping of additions to the County's Judicial Parking Facilities from the proceeds of not-to-exceed $17 Million Revenue Bonds (Judicial Parking Facilities) and providing an effective date. SUMMARY: The County is currently in the design phase of the Judicial Parking Facilities and expects to issue non-ad valorem revenue bonds by the end of Fiscal Year 2006 to finance the costs of the project. This Resolution allows the County to be reimbursed from the bond proceeds for certain capital expenditures in connection with the project. Countywide (PFK)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont'd)

3.

APPROVED

Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $6,500 for the full satisfaction of a Code Enforcement Lien that was entered against Robert Thomson on July 7, 2004. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on April 7, 2004 giving Robert Thomson until June 6, 2004 to obtain permits for the installation of a concrete slab and the construction of a lattice structure on his property. Compliance with the CESM's order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Robert Thomson on July 7, 2004. The cited code violations were fully corrected as of June 6, 2005, the date Mr. Thomson was issued the permit for the concrete slab. The total accumulated lien amount through October 15, 2005, the date the settlement discussions began, totaled $19,373.30, of which Mr. Thomson has agreed to pay the County $6,500 (33.6%) for full settlement of his outstanding Code Enforcement Lien. District 1 (PM)

4.

APPROVED

Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $7,000 for the full satisfaction of a Code Enforcement Lien that was entered against Cohen Market Ventures, LLC on July 7, 2004. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on May 5, 2004 giving Cohen Market Ventures, LLC until June 4, 2004 to obtain permits for some interior renovation work and use expansion that had been done without securing the proper required permits. Compliance with the CESM's order was not achieved by the ordered compliance date and a fine in the amount of $75 per day was imposed. The CESM then entered a claim of lien against Cohen Market Ventures, LLC on July 7, 2004. The cited code violations were fully corrected as of January 7, 2005. The total accumulated lien amount through August 3, 2005 totaled $17,353.55, of which Cohen Market Ventures, LLC has agreed to pay the County $7,000 (40.3%) for full settlement of their outstanding Code Enforcement Lien. District 2 (PM)

5. Staff recommends motion to approve:

A)

APPROVED
R-2006-0340

Amendment to Authorization No. 15 (R2005-1137) under the Contract for External Auditing Services dated March 16, 1999 (Resolution R99-421D) with Ernst & Young, LLP for services related to arbitrage rebate calculations and coordination with private activity regulations with respect to the County's General Obligation Bonds, Series 1999A and 2001A (Land Acquisition Program) to extend the term of Authorization No. 15 through December 31, 2007, regardless of any prior termination of the External Auditing Services Contract, at an amount not-to-exceed $69,000;

B)

APPROVED

Budget Transfer of $34,500 in the $75 Million General Obligation Bonds Land Conservation Capital Fund, Series 1999 to provide sufficient funds for the additional services related to arbitrage rebate calculations and coordination with private activity regulations for the term of Authorization No. 15; and

C)

APPROVED

Budget Transfer of $34,500 in the $75 Million General Obligation Bonds Land Conservation Capital Fund, Series 2001 to provide sufficient funds for the additional services related to arbitrage rebate calculations and coordination with private activity regulations for the term of Authorization No. 15.

SUMMARY: The County issued its $75 Million General Obligation Bonds (Land Acquisition Program), Series 1999B and $75 Million General Obligation Bonds (Land Acquisition Program), Series 2001A to finance the Land Acquisition Program including the purchase of agriculture land. Certain portions of the land have been leased to private businesses. On June 21, 2005, the County engaged Ernst & Young under Additional Services Authorization No. 15 under the Contract for External Auditing Services dated, March 6, 1999 to provide for arbitrage rebate calculations, the allocation of bond proceeds and the coordination with private activity regulations. The County requires that Ernst & Young provide these services through the initial call date of the Bonds and is requesting that the Board approve the above Amendment to Additional Services Authorization No. 15. Countywide (PFK)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



H. FACILITIES DEVELOPMENT & OPERATIONS





1.

APPROVED
R-2006-0341

Staff recommends motion to approve: Amendment No.1 to Contract with Engineered Environments, Inc. (R2005-0539) to implement the first renewal of Job Order Contract-North with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the Job Order Contract-North which was awarded to Engineered Environments, Inc. The contractor will continue to perform as an "annual general contractor" for implementation of maintenance and capital projects. This Job Order Contract (JOC) is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original Contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15% overall. Engineered Environments, Inc.'s participation for work orders issued to date is 30.6%. (FD&O Admin) Countywide (JM)





2.

APPROVED
R-2006-0342

Staff recommends motion to approve: JOC Work Order No. 06-009 with Engineered Environments, Inc. (R2005-0539) in the amount of $311,842.25 to provide installation of a new emergency generator for the Palm Tran offices at 100 N. Congress Avenue, Delray Beach. SUMMARY: The work consists of the purchase and installation of a new 500 kw back-up emergency generator with protective housing, a 1,000 gallon convault double wall diesel fuel tank, a new automatic transfer switch, and the associated electrical work required to tie the entire site to the generator. The SBE participation in this work order is 22.25% overall. When the participation for this work order is added to EEI's total participation to date, the resulting values are 25.55% overall. The SBE goals are 15% overall. The total construction duration is 180 days. This work will comply with all applicable local, state, and federal codes and regulations. (FD&O Admin) Countywide/District 7 (JM)





3.

APPROVED
R-2006-0343

Staff recommends motion to approve: Amendment No. 4 to Contract with Hawthorne Industries, Inc. (R2003-1197) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the Annual Contract-HVAC which was awarded to Hawthorne Industries, Inc. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four extensions allowed by the Contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts are 15% overall. Hawthorne's participation for work orders issued to date is 0%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)



4.

APPROVED
R-2006-0344

Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 2 to the Contract with Dunkelberger Engineering & Testing, Inc. (DE&T) (R2005-1144) in the amount of $118,820 for special inspection services for the Historic PBC 1916 Courthouse. SUMMARY: On September 27, 2005, the Board approved a contract with Hedrick Brothers Construction, Inc., to restore the Historic PBC 1916 Courthouse. On January 6, 2006, the City of West Palm Beach issued a building permit for the restoration. Included in the provisions of the building permit is a requirement for special inspection services. Special inspection services requires a full-time state licensed Building Inspector to be present onsite during all construction activities. This Building Inspector provides ongoing structural inspections and coordinates the inspections of the other City inspectors. Written daily reports are submitted weekly to the Building Official. The SBE participation on this CSA is 0%. The overall SBE participation for FD&O projects including this CSA is 0%. DE&T's contract contains an SBE participation goal of 15%. (Capital Improvements Division) District 7 (JM)





5.

APPROVED
R-2006-0345

Staff recommends motion to approve: Contract with The Weitz Company for construction management services for the Judicial Center Parking Garage Expansion in the amount of $73,070. SUMMARY: This Contract provides for the Construction Management (CM) services associated with the design and vertical expansion of the existing Judicial Center Parking Garage. This first phase of the CM contract is for preconstruction services only. When construction documents are completed by the project Architect, Pierce Goodwin Alexander & Linville , Inc. (PGAL), The Weitz Company will prepare a Guarantee Maximum Price (GMP) for the construction phase. The GMP includes the cost of the work required by the contract documents and the Construction Manager's fee associated with the project. After the GMP is developed, an amendment to this contract will be presented to the Board for approval. The estimated construction cost is $12,000,000. The SBE requirement for this project is 15%. The Construction Manager will provide SBE participation during the construction phase of this project. (Capital Improvements Division) District 7 (JM)





6. Staff recommends motion to:



A)

APPROVED
R-2006-0346

approve a three-party Agreement with the Sheriff of Broward County (Broward) and the Sheriff of Monroe County (Monroe) allowing for interoperable communications through the countywide common groups of each other's 800 MHz Radio System; and



B)

AUTHORIZED

authorize the County Administrator, or his designee, to sign any amendments to the Agreement to add the City of Miami as a party to the Agreement under the same terms as the other parties.



SUMMARY: This three-party Agreement provides the conditions under which the County and the Sheriffs of Broward and Monroe Counties can program into their radios and utilize each other's countywide common talk groups for certain types of inter-agency communications. The radio systems will not be utilized for routine operational communications. There are no charges associated with this Agreement. Each party is required to pay the costs associated with its subscriber units and to comply with the established operating procedures for each system. The term of the Agreement is for five (5) years with three (3) - five (5) year renewals. The Agreement may be terminated by either party, with or without cause. The Agreement may be amended by written agreement signed by all the parties; however, the Agreement may be amended by the County unilaterally to add the City of Miami as a party under the same terms as the other parties with just notification to the Sheriffs of Broward and Monroe Counties. (FDO/ESS) Countywide (JM)





FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)



7.

APPROVED
R-2006-0347

Staff recommends motion to approve: Use Agreement with the Sheriff of Palm Beach County (Sheriff) that provides for the Sheriff to use the cafeteria building at the Cherry Road facility. SUMMARY: The Sheriff will be using the former cafeteria building at the Cherry Road facility to meet the needs of its information technology group. The County shall perform the improvements required to render the premises safe for use as office space prior to occupancy by the Sheriff including replacement of the HVAC unit, replacement of the roof and installation of an intrusion alarm. The Sheriff shall provide the funding for these improvements in the amount of $48,370. The Sheriff shall receive credit towards its first year of annual rent for the HVAC improvement costs in the amount of $16,200. After the first year, the Sheriff shall pay rent in the amount of $20,576 with a 5% escalation annually. The term of the Agreement is five (5) years. (FDO Admin) District 2 (LMB)





8.

APPROVED
R-2006-0348

Staff recommends motion to approve: First Amendment to the Interlocal Agreement with the City of Belle Glade (R2002-0446) for direct access to the County's 800MHz Radio System. SUMMARY: The Agreement between the County and the City, which provides the terms and conditions under which the City can directly access the County's 800 MHz Radio is set to expire on April 2, 2006. The Agreement provides for two (2) - four (4) year renewals, but renewals require approval by both parties. The City has approved a renewal to extend the term of the Agreement until April 2, 2010. The renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The annual fees are consistent with those being charged to the County departments. The Agreement may be terminated by either party, with or without cause, on October 1st of any year, with a minimum of six (6) months notice. (FDO/ESS) Countywide (JM)





9.

APPROVED
R-2006-0349

Staff recommends motion to approve: Contract with West Construction, Inc. for the construction of Jupiter Farms Park soccer fields in the amount of $1,589,000. SUMMARY: This Contract will provide for the construction of two (2) new lighted soccer/football fields and associated paved access and parking in the 35-acre expansion area of Jupiter Farms Park. The compensating storage lake for the expansion area will also be dug, and fill stockpiled, for future improvements in the park, and the existing wetland will be cleaned of exotics and protected by a buffer and new fence. The SBE goal for this project is 15%. West Construction's bid includes participation at 40%. The Contract time is 180 calender days to substantial completion. (Capital Improvements Division) District 1 (JM)





10.

APPROVED
R-2006-0350

Staff recommends motion to approve: a Contract with Song + Associates, Inc. for professional architectural and engineering services for the Riverbend History Museum and Nature Center in the amount of $275,000. SUMMARY: The scope of services for this Contract is for the planning, design, permitting, bid phase and construction services. The project is located within Riverbend Park on Indiantown Road in Jupiter. The project consists of the development of an interpretive center with exhibits, meeting room, restroom, parking and open spaces surrounding the buildings. The construction cost is estimated at $3.6 million. Pursuant to this Contract, Song + Associates, Inc., agrees to meet an overall minimum small business participation of 15.3%. (Capital Improvements Division) District 1 (JM)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)



11. Staff recommends motion to approve:



A)

APPROVED
R-2006-0351

a First Amendment to Communication Tower Joint Use Agreement (R96-1077D) with New Cingular Wireless PCS, LLC for the tower site located at 8130 N. Jog Road in West Palm Beach; and



B)

APPROVED
R-2006-0352

a Third Amendment to Communication Tower Joint Use Agreement (R96-972-D) with New Cingular Wireless PCS, LLC for the tower site located at 7800 Forest Hill Boulevard in Greenacres.



SUMMARY: In 1996, the Board approved Communication Tower Joint Use Agreements for the tower site located at the southeast corner of N. Jog Road and Bee Line Highway and the tower site located at the southeast corner of Forest Hill Boulevard and the Florida Turnpike. These Amendments allow Cingular to remove and install communication equipment for the purpose of upgrading its equipment, and updates Section 13.03 (Notices Provision) of the Agreements. The Third Amendment also authorizes the County's installation of additional emergency backup generator at the Forest Hill Boulevard tower site. There will be no cost to the County nor service interruptions to either party's operations. All other terms of the Agreements remain unchanged and in full force and effect. (PREM) Countywide/District 6 (HJF)



I. HOUSING & COMMUNITY DEVELOPMENT



1.

APPROVED
R-2006-0353

Staff recommends motion to approve: an Agreement with the City of Lake Worth for the construction of bus stop shelters, in the amount of $56,968 in Community Development Block Grant (CDBG) funds, for the period of February 28, 2006, through December 31, 2006. SUMMARY: The project involves the construction of six (6) bus stop shelters on North Dixie Highway in the City of Lake Worth. The shelters include benches, signs, trash cans, pavers, lighting, and bike racks. The project will also be funded by the City ($10,000) and Palm Tran ($104,032) for a total estimated cost of $171,000. This Agreement will provide $56,968 in Federal CDBG funds which do not require local matching funds. District 7 (TKF)





2.

APPROVED
R-2006-0354

Staff recommends motion to approve: an Agreement with the City of Lake Worth for street improvements on Latona Avenue in the amount of $170,325, in Community Development Block Grant (CDBG) funds for the period of February 28, 2006, through December 31, 2006. SUMMARY: CDBG funds will be used for improvements to Latona Avenue, from Wingfield Street east to the FEC Railroad in the City of Lake Worth. The project will include installation of bulbouts, speed slowdown crosswalks, streetlights, trees and sidewalks. This Agreement will provide $170,325 in Federal CDBG funds which do not require local matching funds. District 7 (TKF)





3.

APPROVED

Staff recommends motion to approve: a Relocation Benefit in the amount of $72,571 and a Demolition Payment in the amount of $7,500 for Rosa Ramirez of South Bay. SUMMARY: The referenced homeowner is a participant in Palm Beach County's local relocation program. According to the policies approved by the Board of County Commissioners on April 28, 1987, relocation benefits and assistance may be granted to eligible clients that are voluntarily, permanently or temporarily displaced. Ms. Ramirez is being relocated because her present residence is beyond repair and must be demolished. Her new home will be built on the same lot where her present house is located. All funds are federal and require no local match. District 6 (TKF)



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



I. HOUSING & COMMUNITY DEVELOPMENT (Cont'd)



4. Staff recommends motion to receive and file:



A)

APPROVED
R-2006-0355

Amendment No. 001 to an Agreement with the City of Lake Worth entered into on October 5, 2004, and approved by Document R2004-2077, to provide $250,902 in Community Development Block Grant (CDBG) funds for improvements to Wingfield Street and Washington Avenue in the City of Lake Worth; and



B)

APPROVED
R-2006-0356

Amendment No. 002 to an Agreement with the Town of Lake Park entered into on October 5, 2004, and approved by Document R2004-2072, to provide $99,960 in Community Development Block Grant (CDBG) funds for storm water drainage improvements.



SUMMARY: Under the authority provided the County Administrator by the Palm Beach County Board of County Commissioners on February 27, 2001 (R2001-0340), the County Administrator executed Amendment No. 001 to extend the expiration date of the Agreement with the City of Lake Worth from September 30, 2005 to June 30, 2006. This extension was needed in order to make up for time lost on this project while City resources were diverted to address the damages from last year's hurricanes. Under the same authority, the County Administrator executed Amendment No. 002 to extend the expiration date of the Agreement with the Town of Lake Park from December 31, 2005, to March 31, 2006. This extension was needed in order to make up for time lost due to Hurricane Wilma. Districts 1 & 7 (TKF)





K. WATER UTILITIES



1.

APPROVED

Staff recommends motion to receive and file: five (5) Standard Development Agreements, two (2) Utility Concurrency Reservation Agreements and one (1) Standard Development Renewal Agreement complete with executed documents received during the month of December 2005.



Standard Development Agreements

A)

APPROVED
R-2006-0357

Midland Commons, Inc. 02-01101-000

B)

APPROVED
R-2006-0358

D.R. Horton, Inc. 02-01102-000

C)

APPROVED
R-2006-0359

Bella Vista Development, LLC 02-01103-000

D)

APPROVED
R-2006-0360

API Cameron Park, LLC 03-01027-000

E)

APPROVED
R-2006-0361

The Pious Society of the Missionaries of

St. Charles Boromero, Inc. 09-01052-000



Utility Concurrency Reservation Agreements

F)

APPROVED
R-2006-0362

Corporate Center West, LLC 01-01173-000







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont'd)



G)

APPROVED
R-2006-0363

SRR Holdings, LLC 02-01104-000



Standard Development Renewal Agreements

H)

APPROVED
R-2006-0364

Royal Palm Town Center, LTD. 01-01050-R00



SUMMARY: The terms and conditions for Standard Development Agreements are outlined in the Water Utilities Department's Uniform Policies and Procedures Manual. The Board of County Commissioners delegated the authority to execute various types of Standard Development Agreements to the Department Director including potable water and wastewater agreements (R93-1619); reclaimed water agreements (R96-0228); and additional conditions for potable water, wastewater, and reclaimed water agreements (R2003-0539). After these agreements are executed by the developer and the Department, they must be recorded by the County Clerk's Office. This agenda item recommends the Board receive and file the agreements so they may be properly recorded. Countywide



2. DELETED



3.

APPROVED
R-2006-0365

Staff recommends motion to approve: Consultant Services Authorization No. 16 to the Contract with Mathews Consulting, Inc. (R2005-0777) for the design, permitting, bidding and construction management of the Northern Region Wastewater Pump Station in the amount of $464,381. SUMMARY: Consultant Services Authorization No. 16 with Mathews Consulting, Inc. provides engineering services for the Northern Region Wastewater Pump Station. The Northern Region Wastewater Pump Station will be an in-line facility used to pump wastewater to the East Central Regional (ECR) Wastewater Treatment Plant located east of the Florida Turnpike. The station will be located on the Village of Royal Palm Beach's existing wastewater treatment plant site. This project includes an in-line booster wastewater pump station, odor control facilities and a water rechloramination facility. The contract with Mathews Consulting, Inc. includes the Small Business Enterprises (SBE) participation goal of 55%, which exceeds the 15% goal established by Palm Beach County Ordinance (No. 2002-064). This Consultant Services Authorization includes 96.62% overall participation. The consultant's cumulative SBE participation, including this Authorization is 77.79% overall. (WUD Project No. 06-050) District 6 (MJ)





4.

APPROVED
R-2006-0366

Staff recommends motion to approve: the First Amendment to the Interlocal Agreement (Agreement) with the Town of Palm Beach (Town) for the temporary reallocation of reserve capacity in the East Central Regional Wastewater Treatment Facilities (ECRWWF). SUMMARY: On March 15, 2005, the County and the Town entered into an Agreement (R2005-0566) for the County to temporarily lease a portion of the Town's reserve capacity in the East Central Regional Wastewater Treatment Plant. The Agreement is set to expire on March 14, 2006. The temporary lease is being utilized to provide capacity for the County's wastewater flows while improvements are being constructed to expand the capacity of the plant. Due to an excessive delay in obtaining the additional capacity, the County's wastewater flows are exceeding the current reserve capacity of 12.5 mgd and may be subject to excessive- use penalty charges if additional capacity is not obtained. To assist in the situation, the Town has agreed to extend the Agreement for one (1) year through March 14, 2007. The County will pay the Town a one-time lease payment of $55,000 in exchange for the one (1) year reallocation of 2 mgd of the Town's reserve capacity. District 2 (MJ)













FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont'd





5.

APPROVED
R-2006-0367

Staff recommends motion to approve: a Potable Water and Wastewater Development Agreement with Green Cay Village Apartments, LTD, Green Cay Village Condominium, LLLP, and Green Cay Village Town Homes, LLLP. SUMMARY: Green Cay Village Apartments, LTD, Green Cay Village Condominium, LLLP, and Green Cay Village Town Homes, LLLP (Green Cay) own adjoining properties extending west from Jog Road and bounded on the south by Flavor Pict Road and on the north by LWDD Canal L-29. In order to provide potable water and wastewater concurrency reservations for new developments, the Department requires property owners to enter into formal development agreements. Green Cay has agreed to special conditions in this Agreement that exceed the requirements associated with the Green Cay projects. These conditions provide for the design and installation of approximately 2,600 feet of 24-inch diameter wastewater force main along Flavor Pict Road and the installation of a utility road crossing at the intersection of Flavor Pict Road and Jog Road. The County will reimburse Green Cay for the additional costs associated with the oversizing of the force main and installation of the Department-requested utility road crossing. Reimbursement will be accomplished through the use of direct payments totaling approximately $859,500. District 5 (MJ)



L. ENVIRONMENTAL RESOURCES MANAGEMENT



1. Staff recommends motion to receive and file:

A)

APPROVED
R-2006-0368

$37,500 Interlocal Agreement with the City of Belle Glade - District 6

B)

APPROVED
R-2006-0369

$5,000 Interlocal Agreement with the Town of Boynton Beach - District 3

C)

APPROVED
R-2006-0370

$7,430 Interlocal Agreement with the City of Delray Beach - District 4

D)

APPROVED
R-2006-0371

$7,500 Interlocal Agreement with the City of Delray Beach - District 4

E)

APPROVED
R-2006-0372

$24,500 Interlocal Agreement with Florida Atlantic University - District 4

F)

APPROVED
R-2006-0373

$8,131 Interlocal Agreement with Florida Atlantic University - District 6

G)

APPROVED
R-2006-0374

$18,000 Interlocal Agreement with the City of Greenacres - District 2

H)

APPROVED
R-2006-0375

$3,500 Interlocal Agreement with the Jupiter Inlet District - District 1

I)

APPROVED
R-2006-0376

$50,000 Interlocal Agreement with the Northern Palm Beach County Improvement District - Districts 2 & 6



J)

APPROVED
R-2006-0377

$35,000 Interlocal Agreement with the Town of Palm Beach - District 7

K)

APPROVED
R-2006-0378

$50,000 Interlocal Agreement with the Village of Royal Palm Beach - District 6



FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL





L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont 'd)



1. Staff recommends motion to receive and file:



L)

APPROVED
R-2006-0379

$50,000 Interlocal Agreement with the City of West Palm Beach - District 2

M)

APPROVED
R-2006-0380

$13,700 Interlocal Agreement with the Westgate/Belvedere CRA - District 2



SUMMARY: Delegation of authority for execution of these standard County Interlocal Agreements above were approved by the BCC pursuant to PPM No. CW-O-051, in the following board items: Item 5J-1 on February 25, 2003 and Item 3L-2 on July 13, 2004 for the 2004 Public Lands Grant Program, which reimburses municipalities and other public entities for removal of invasive non-native vegetation. Districts 1, 2, 3, 4 & 6 (SF)



2. Staff recommends motion to:



A)

APPROVED
R-2006-0381

approve Amendment I (Amendment) to Grant Award Agreement (GAA) with the Florida Communities Trust (FCT) in order to revise the legal description contained in the Grant Award Agreement approved February 4, 2003 (R2003-0197).



B)

AUTHORIZED

authorize the reimbursement of $1,832 to FCT for the proposed road right-of-way expansion of 140th Avenue North within FCT property boundaries.



SUMMARY: On February 1, 2005, the Board of County Commissioners (BCC) adopted a Resolution (R2005-0281) to designate County-owned land as road right-of-way and a Temporary Roadway Construction Easement for 140th Avenue North, in connection with the expansion of Acreage Community Park. The County's Survey Section has determined that a 0.4798 acre portion of the right-of-way lies within the FCT project site of the Acreage Pines Natural Area. Approval of the Amendment is necessary in order for the County to revise the legal description of the FCT project property, and to reimburse FCT for the grant award amount of $1,832 for the release of this area from the terms of the GAA. District 6 (SF)





M. PARKS & RECREATION



1.

APPROVED
R-2006-0382

Staff recommends motion to approve: Lease Agreement with the South Florida Water Management District (District) for the 313-acre Siemens/Palm Beach Downs Property located west of State Road 7 and north of West Atlantic Boulevard. SUMMARY: On November 15, 2005, the Board authorized staff to negotiate a seven (7) year lease agreement with the District for District-owned property known as the Palm Beach Downs property. Commencing on the date of execution and running until 2013, the Lease shall be automatically extended for additional one-year terms until January 1, 2021, unless either party elects to terminate the Lease. The cost to improve the property for public recreational use is estimated at $225,000, which has been budgeted for this project. The projected annual operating costs are approximately $100,000 and would need to be budgeted in subsequent years. District 5 (HF)

















FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



M. PARKS & RECREATION (Cont'd)



2.

APPROVED
R-2006-0383

Staff recommends motion to approve: Agreement with the City of Delray Beach for the period February 28, 2006, through June 15, 2006, in an amount not-to-exceed $5,000 for funding of First Night Event. SUMMARY: This funding is to help offset costs for the annual First Night Event held in Delray Beach on December 31, 2005. Expenses eligible for reimbursement include production (sound, lighting, tents, tables, fireworks supplies), programs (entertainers and artists), marketing/promotions (postage and printing), and administration. The Agreement allows for the reimbursement of eligible pre-agreement expenses incurred subsequent to November 1, 2005. Funding is from the Recreation Assistance Program (RAP). District 7 (AH)





3.

APPROVED
R-2006-0384

Staff recommends motion to approve: Agreement with the Delray Beach Joint Venture for the period February 28, 2006, through March 31, 2006, in an amount not-to-exceed $20,000, from District 4 ($10,000) and District 7 ($10,000) for the funding of 2005 winter holiday decorations. SUMMARY: This funding is to help offset costs for winter holiday decorations in downtown Delray Beach. Expenses eligible for reimbursement include the erection and dismantling and electrical costs of the 100-foot winter holiday tree, which is the focal point of the City's winter holiday decorations. The Agreement allows for the reimbursement of eligible pre-agreement expenses incurred subsequent to November 1, 2005. Funding is from the Recreation Assistance Program (RAP). Districts 4 & 7 (AH)





4.

APPROVED
R-2006-0385

Staff recommends motion to approve: Agreement with Boys and Girls Clubs of Palm Beach County, Inc. for the period February 28, 2006, through April 30, 2006, in an amount not-to-exceed $37,500, from District 1 ($10,000), District 2 ($5,000), District 4 ($10,000), District 6 ($7,500), and District 7($5,000) for the funding of the Wild Things Public Art Event. SUMMARY: This funding is to help offset costs for the Wild Things Public Art Event, which features more than 80 painted, life-sized fiberglass animal sculptures that will be on display in communities throughout Palm Beach County during an approximately three-month period. Expenses eligible for reimbursement include printing and design costs, animal mold purchases, personnel costs, promotional materials, t-shirts for children, postage, audio visual equipment, photography, moving expenses, and other miscellaneous project expenses. The Agreement allows for the reimbursement of eligible pre-agreement expenses incurred subsequent to October 1, 2005. Funding is from the Recreation Assistance Program (RAP). Districts 1, 2, 4, 6 & 7 (AH)





5.

APPROVED
R-2006-0386

Staff recommends motion to approve: Agreement with Community Development Foundation, Inc. for the period February 28, 2006, through March 31, 2006, in an amount not-to-exceed $6,000 for the funding of after school programs and Old School Square Concert radio advertising. SUMMARY: This funding is to help offset costs for radio advertising for Community Development Foundation, Inc.'s after school programs and a community summer concert on July 9, 2005, in Old School Square. Expenses eligible for reimbursement include the cost of radio advertising for the after school programs and concert. The Agreement allows for the reimbursement of eligible pre-agreement expenses incurred subsequent to May 1, 2005. Funding is from the Recreation Assistance Program (RAP). District 7 (AH)







FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



M. PARKS & RECREATION (Cont'd)



6.

APPROVED
R-2006-0387

Staff recommends motion to approve: Agreement with The Center for Youth Activities, Inc. for the period February 28, 2006, through August 10, 2006, in an amount not-to-exceed $60,000 for funding of Youth Activity Center programs. SUMMARY: This funding is to assist with operational expenses for the Center for Youth Activities, Inc. which provides after school programs at the Youth Activities Center in Veterans Park (Programs). Expenses eligible for reimbursement include salaries, personnel costs, travel and transportation, postage/shipping/printing, utilities, vehicle repairs and maintenance, school and educational supplies, program supplies, events, food services, sport coaches equipment, emergency expenses, and other miscellaneous expenses related to the Programs. The Agreement allows for the reimbursement of pre-Agreement expenses incurred subsequent to August 10, 2005. Funding is from the Recreation Assistance Program (RAP). District 5 (AH)





7.

APPROVED

Staff recommends motion to receive and file: the following original executed Request for Funding Forms for School Board Recreation Assistance Program (RAP) projects:



A)

APPROVED
R-2006-0388

Jupiter Community High School - Environmental Research and Field Studies Academy Lecture Series, in an amount not-to-exceed $3,400 - District 1;



B)

APPROVED
R-2006-0389

Forest Hill Community High School - Forest Hill Environmental Academy field trips, in an amount not-to-exceed $5,000 - District 2;



C)

APPROVED
R-2006-0390

Woodlands Middle School - construction of covered pavilion, in an amount not-to-exceed $25,000 - District 2;



D)

APPROVED
R-2006-0391

Pierce Hammock Elementary School - musical instruments, in an amount not-to-exceed $10,000 - District 6;



E)

APPROVED
R-2006-0392

Prevention Center Safe Schools Division for Dreyfoos School of the Arts - Project Graduation 2006, in an amount not-to-exceed $5,000 - District 7; and



F)

APPROVED
R-2006-0393

U.B. Kinsey/Palmview Elementary School of the Arts - trip to Atlanta for performance at Heritage Music Festival, in an amount not-to-exceed $5,430 - District 7.



SUMMARY: These fully executed Request for Funding Forms are for School Board RAP allocations made by Commissioners to various schools in accordance with the Interlocal Agreement for the funding of RAP Projects (R2003-1747) approved by the Board on October 21, 2003. Districts 1, 2, 6 & 7 (AH)























FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



M. PARKS & RECREATION (Cont'd





8. Staff recommends motion to receive and file: an executed Independent Contractor Agreement received during January 2006:

A)

APPROVED
R-2006-0394

Gordon Andrews, USA Head Swim Coach, Lake Lytal Pool (ANDR00200206530200H)



SUMMARY: In accordance with County PPM No. CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item. This Independent Contractor Agreement has been fully executed on behalf of the Board of County Commissioners by the County Administrator/Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolution 02-2103, and is now being submitted to the Board to receive and file. Countywide (AH)



9. Staff recommends motion to:



A)

APPROVED
R-2006-0395

approve acceptance of $93,226.08 from the Richard G. Lepeska Trust;



B)

AUTHORIZED

authorize the County Administrator or his designee to execute any future release forms or other forms associated with the Richard G. Lepeska Trust that do not change the terms and conditions of the Trust; and



C)

AUTHORIZED

authorize the Director of the Parks and Recreation Department to serve as Liaison Agent with the Richard G. Lepeska Trust.



SUMMARY: The Richard G. Lepeska Trust (Trust) is being distributed by its trustee and the Parks and Recreation Department is a beneficiary. The Trust wishes to donate $93,226.08 to the Parks and Recreation Department to be used for the operation of aquatics programs for youth or adults. Countywide (AH)





S. FIRE RESCUE



1.

APPROVED

Staff recommends motion to approve: the write-off of uncollectible Fire Rescue receivables to remove these amounts from the County's financial books for the following period:



October 1, 2001 through September 30, 2002 $14,500



SUMMARY: In accordance with the Fire Code, service agreements, mutual aid agreements, and special event permits, Palm Beach County Fire Rescue assesses fees for excessive false alarms, annual fire inspections, inspections necessary to obtain an occupational license, mutual aid services and the provision of personnel requested for stand-by at special events. For the period October 1, 2001 to September 30, 2002 there is currently $14,500 in receivables related to these services that are deemed to be uncollectible and staff recommends that this amount be written-off the County's financial books. This recommended write-off does not include emergency transport fees, which Fire Rescue seeks Board approval separately on an annual basis. Countywide (SB)













FEBRUARY 28, 2006



3. CONSENT AGENDA APPROVAL



S. FIRE RESCUE (Cont'd)





2. Staff recommends motion to receive and file: two (2) original standard agreements for the Fire-Rescue Department:



A)

APPROVED
R-2006-0396

Independent Contractor Agreement for swimming lessons with The Young Men's Christian Association of the Palm Beaches, Inc; and



B)

APPROVED
R-2006-0397

Independent Contractor Agreement for swimming lessons with the Rehabilitation Center for Children and Adults, Inc.



SUMMARY: Pursuant to Countywide PPM No. CW-O-051, two (2) standard County agreements that have been executed by the County Administrator, or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk's Office to note and receive. These Agreements provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition's Learn to Swim Program. Countywide (SB)



3.

APPROVED
R-2006-0398

Staff recommends motion to approve: Emergency Services Agreement for Mutual Assistance and Automatic Aid with the City of Greenacres. SUMMARY: This Agreement provides for fire suppression, emergency medical services, and other emergency services during extraordinary emergency events. The proposed Agreement with the City of Greenacres is for a one (1) year period upon execution by both parties. The County currently has Mutual Assistance and Automatic Aid agreements with thirteen (13) Fire Rescue agencies. District 2 (SB)





X. P