TUESDAY COMMISSION
9:30 A.M. CHAMBERS
JULIE BURNES
1. CALL TO ORDER DEPUTY CLERK
A. Roll Call
B. Invocation
C. Pledge of Allegiance
2. AGENDA APPROVAL
A. Additions, Deletions, Substitutions
B. Adoption
| Aaronson | Greene | Koons | McCarty | Marcus | Masilotti | Newell |
| Yes | Yes | Yes | Yes | Yes | Yes | Yes |
3. CONSENT AGENDA (Pages 6 - 21)
4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 22)
5. REGULAR AGENDA (Pages 23 - 25)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD (See separate meeting on this date)
7. BOARD APPOINTMENTS (Pages 27 - 28)
8. MATTERS BY THE PUBLIC - 2:00 P.M. (Page 29)
9. STAFF COMMENTS (Page 30)
10. COMMISSIONER COMMENTS (Page 31)
11. ADJOURNMENT (Page 31)
MAY 2, 2006
A. ADMINISTRATION
Page 6
3A-1 Contract with U.S. Equal Employment Opportunity Commission for discrimination complaints
3A-2 Contract with Florida Atlantic University Board of Trustees for updating economic development plan
B. CLERK AND COMPTROLLER
Page 6
3B-1 Warrant list
3B-2 Minutes
Page 7
3B-3 Contracts and claims settlements list
3B-4 Change orders, work task orders, minor contracts, final payments and other items
C. ENGINEERING
Page 7
3C-1 Bill of Sale to Seacoast Utility Authority for water line
3C-2 Recordation of the Jog Road at Lateral 28 Canal maintenance map
3C-3 Release of easement rights associated with Hagan Ranch Rd. and Woolbright Rd.
Page 8
3C-4 Contract with J.W. Cheatham for construction of Haverhill Road
3C-5 Payment to FPL for relocation of existing overhead transmission lines
3C-6 Renewal of traffic signal design services agreements
3C-7 Renewal of civil engineering services agreements
Page 9
3C-8 Quit Claim Deed in favor of Florida Department of Transportation
3C-9 Second Amendment with Town of Lake Clark Shores for improvements
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 9
3E-1 Application to Department of Health & Human Services for head start services
3E-2 Travel for Head Start Policy Council members to attend National Conference
Page 10
3E-3 Agreement with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for energy assistance to the elderly
3E-4 Application with U.S. Department of Housing and Urban Development for supportive housing
F. AIRPORTS
Page 10
3F-1 Memorandum of Leases and Landlord's Certificate with Rotortech Properties and Galaxy Aviation
Page 11
3F-2 Contract with Kaplan, Kirsch & Rockwell, LLP for environmental consultant services
3F-3 Joint Participation Agreement with FDOT for taxiway pavement rehabilitation
3F-4 Supplemental Joint Participation Agreement with FDOT for expansion of security checkpoints
Page 12
3F-5 Supplemental Joint Participation Agreement with FDOT for expansion of security checkpoints
3F-6 Joint Participation Agreement with FDOT for passenger loading bridges
3F-7 Supplemental Joint Participation Agreement with FDOT for airfield remarking
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Budget Transfer/Amendment for FAU/Scripps Building Debt Service
MAY 2, 2006
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Amendment No. 3 with Advanced Roofing, Inc. for annual roofing services
3H-2 Amendment No. 3 with Hi-Tech Roofing & Sheetmetal, Inc. for annual roofing services
Page 14
3H-3 Amendment No. 3 with Murton Roofing Corp. for annual roofing services
3H-4 Work Order No. 06-105 with Hi-Tech Roofing & Sheetmetal, Inc. for roof at Ag Center
3H-5 Contract with McTeague Construction, Inc. for Fire Station No. 48
3H-6 Change Order No. 3 with West Construction, Inc. for Mounts Botanical Garden entrance
Page 15
3H-7 Agreement with Florida Department of Corrections for the County's 800 MHz radio system
I. HOUSING & COMMUNITY DEVELOPMENT
Page 15
3I-1 Agreement with City of South Bay for Community Development Block Grant funds
3I-2 Agreement with City of Pahokee for Community Development Block Grant funds
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 16
3K-1 Contract with R.J. Sullivan Corp. for construction of WTP No. 8 expansion
3K-2 Six (6) Standard Development Agreements
Page 17
3K-3 Supplement to CSA No. 17 with Mathews Consulting, Inc. for legal services
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Interlocal Agreement with City of Boca Raton regarding North Boca Raton Beach nourishment
Page 18
3L-2 Budget Transfer in the $75M Conservation Land Fund to various natural area projects
M. PARKS & RECREATION
Page 18
3M-1 Agreement with City of Boynton Beach for Boynton Beach competitive cheerleading program
3M-2 Agreement with For the Children, Inc. for after school program activities
3M-3 Two (2) Independent Contractor Agreements
Page 19
3M-4 Grant to FIND for Burt Reynolds Park Phase II development
3M-5 Florida Boating Improvement Program Project Agreement with City of Delray Beach for Lake Ida Park boating improvement project
N. LIBRARY
Page 20
3N-1 Grant Agreement with Bill & Melinda Gates Foundation for computer hardware upgrades
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 20
3S-1 Grant Application to the U.S. Department of Homeland Security to Firefighters Grant Program
T. HEALTH DEPARTMENT - None
MAY 2, 2006
U. INFORMATION SYSTEMS SERVICES
Page 20
3U-1 Amendment No. 2 to the computer program licensing agreement with Computer Associates International, Inc.
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 21
3X-1 Interlocal Agreement with Town of Manalapan for access to Dialogic
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 21
3AA-1 Labor-Management Agreement between Palm Tran, Inc. and BCC and the National Conference of Firemen and Oilers, Service Employee International Union (SEIU)
Page 22
4A American Heritage School Boys and Girls State Soccer Champions
4B Clean Air Month
4C National Correctional Officers Week
4D Drug Court Month
4E National Tourism Week
4F Emergency Medical Services Week
4G Certificate of Appreciation to Majestic Homes
4H National Bike Month
4I Building Safety Week
4J National Goodwill Week
4K Nurses Week
4L Certificate of Appreciation to Murray J. Green
4M ADD-ON: Proclamation declaring the month of May 2006 as "Jewish American Heritage Month" In Palm Beach County. (Sponsored by Commissioner Aaronson)
4N Proclamation declaring the week of May 20-27, 2006 as "National Safe Boating Week" in
Palm Beach County. (Sponsored by Commissioner Marcus)
4P* ADD-ON: Presentation by Youth Feast Sports Festival to the Board of County Commissioners.
5F-1 ADD-ON , TIME CERTAIN 10:30 A.M.: Scripps
COUNTY ATTORNEY
Page 23
5A-1 King's Academy, Inc. Tax-Exempt Adjustable Mode Revenue Bonds
INTERNAL AUDITOR
Page 23
5B-1 Amendment No. 2 to the contract with Joseph Bergeron, Internal Auditor
WATER UTILITIES
Page 24
5C-1 Water Utilities Department Financial Briefing Report
5C-2 Mandatory Reclaimed Water Service Area
HOUSING AND COMMUNITY DEVELOPMENT
Page 25
5D-1 Tenth Amendment to the State Housing Initiative Partnership Local Housing Assistance Plan
MAY 2, 2006
PLANNING, ZONING & BUILDING
Page 25
5E-1 Unified Land Development Code amendments
BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
Page 26
6A-1 Appointment to the Environmental Control Hearing Board
BOARD APPOINTMENTS (Pages 27 - 28)
MATTERS BY THE PUBLIC - 2:00 P.M. (Page 29)
STAFF COMMENTS (Page 30)
COMMISSIONER COMMENTS (Page 31)
ADJOURNMENT (Page 31)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
The Following Agenda Items were approved under one motion vote:
| Aaronson | Greene | Koons | McCarty | Marcus | Masilotti | Newell |
| Yes | Yes | Yes | Yes | Yes | Yes | Yes |
1. Staff recommends motion to approve:
an Award/Contract (Charge Resolution Contract No. 6FPSLP0103) with the U.S. Equal Employment Opportunity Commission (EEOC) allowing the Office of Equal Opportunity (OEO) to receive revenue in the total amount of $153,780 as payment for processing and resolving employment discrimination complaints; and
B)
a Budget Amendment of $33,780 to reconcile budget to actual award amount.
SUMMARY: Execution of this Contract is required so that OEO can receive payment for processing and resolving complaints of employment discrimination, pursuant to the Worksharing Agreement with the EEOC. This Charge Resolution Contract is for FY 2005-2006 and is in the amount of $153,780 ($149,580 - charge processing; $3,200 Intake Services, and $1,000 attendance at EEOC sponsored annual training). EEOC Charge Resolution Contracts' for all Fair Employment Practices Agencies nationwide provide payment at a rate of $540 per charge. OEO's contract is for a total of 277 charges. The Budget Amendment is necessary to allow for the receipt and expenditure of revenue realized through the execution of the Charge Resolution Contract. Countywide (TKF)
2.
Staff recommends motion to approve: a $92,000 Contract with Florida Atlantic University Board of Trustees (FAU) commencing retroactively on April 1, 2006 and ending March 30, 2007, to provide funding for consulting services for assisting in the update of the County's Strategic Economic Development Plan. SUMMARY: FAU will: a) address the concerns of the business community and community at-large, as a function of the seven (7) economic categories identified at the 2005 Economic Summit - Smart Growth & Transportation, Industries of the Mind, Quality of Place, International Trade, Finance & Investment, Agribusiness, Equestrian & Food, Total Education, and Housing; b) provide clear guidance for public and private investment policies and strategies, and program/project development; and c) address/include the public-private development and planning processes that contribute to the to the County's economic development. The Scope of Services includes: 1) meeting with County Commissioners, stakeholders, and partner organizations to identify economic development projects and funding sources, and develop strategies and policies; 2) assist the Economic Development Office to draft and finalize the 2007-2012 Strategic Economic Development Plan and to present it to the Overall Economic Development Program Committee, Board of County Commissioners, stakeholder organizations and public. Countywide (DW)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
B. CLERK AND 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 22, 2005
Regular February 28, 2006
Regular March 14, 2006
Workshop March 21, 2006
Zoning March 23, 2006
Workshop March 28, 2006
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 March 2006. Countywide
C. ENGINEERING & PUBLIC WORKS
1.
Staff recommends motion to approve: a Bill of Sale to the Seacoast Utility Authority for the potable water line constructed within West Edgewater Drive. SUMMARY: The potable water line constructed in West Edgewater Drive by Palm Beach County will be released to, and maintained by, the Seacoast Utility Authority, following execution of the Bill of Sale. District 1 (MRE)
2.
Staff recommends motion to approve: the recordation/filing of the Jog Road at the Lateral 28 Canal, Maintenance Map - Specific Purpose Survey with the Circuit Court of and for Palm Beach County, Florida. SUMMARY: The recording/filing of the drawings will establish, as County right-of-way for Jog Road, the south 45 feet of the east 80 feet of the southwest quarter of Section 34, Township 45 South, Range 42 East. This action is in accordance with 95.361, Florida Statutes, which provides that upon four (4) years maintenance of the road by the County and upon filing of a map with the Clerk, title to the road becomes vested in the County. The Road and Bridge Division Director certified that such maintenance has been performed. District 5 (PFK)
3.
Staff recommends motion to approve: a Release of Easement Rights for three (3) Temporary Construction Easements and one (1) Drainage Easement, that were parcels associated with the Hagen Ranch Road and the Woolbright Road roadway construction projects. SUMMARY: This action will release temporary easement rights to parcels that were necessary for the roadway construction, but are now no longer needed given that the roadway construction has been completed; and release drainage easement rights, which have been replaced by an alternate drainage easement. District 5 (PFK)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont'd)
4. Staff recommends motion to approve:
A)
a $4,497,213.15 Contract with J.W. Cheatham, LLC (Cheatham), the lowest responsive, responsible bidder, for the construction of Haverhill Road from 10th Avenue North to Purdy Lane (Project);
B)
a Budget Transfer of $2,767,710 in the Road Impact Fee Fund - Zone 2 from Reserves to Haverhill Road from 10th Avenue north to Purdy Lane.
C)
a Budget Amendment of $142,490 in the Road Impact Fee Fund - Zone 2 to recognize utility reimbursements from Bell South Telecommunications Company ($8,287), Florida Power and Light ($8,853), Florida Public Utilities ($2,300), and the Village of Palm Springs ($123,050) and appropriate it to Haverhill Road from 10th Avenue North to Purdy Lane.
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% overall. The low bidder, Cheatham, met the SBE goal for this Project. District 1 (MRE)
5.
Staff recommends motion to approve: an additional payment to Florida Power & Light Company (FP&L) not-to-exceed $969,540, which includes a contingency, for the relocation of existing overhead transmission electric power lines as required for the construction of Persimmon Boulevard - South Extension from 110th Avenue to Okeechobee Boulevard, hereinafter referred to as the "Project". SUMMARY: This additional payment to FP&L of up to $969,540 is required for the relocation of its existing overhead facilities, to allow for the construction of the Project. Payment to FP&L is required because the facilities are covered by an existing recorded utility easement. District 6 (MRE)
6.
Staff recommends motion to approve: the renewal of the Traffic Signal Design Services Agreements with the following firms:
Original
Firm Name Agreement Date Resolution No.
Kimley-Horn and Associates, Inc. May 3, 2005 R2005-0850
Progressive Design &
Engineering, Inc. May 3, 2005 R2005-0858
SUMMARY: These Agreements are being considered for renewal for required professional services, on a task order basis. Countywide (PFK)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont'd)
7.
Staff recommends motion to approve: the renewal of the Civil Engineering Services Agreements with the following firms:
Original
Firm Name Agreement Date Resolution No.
Miller-Legg & Associates, Inc. May 17, 2005 R2005-0954
Alan Gerwig & Associates, Inc. June 7, 2005 R2005-1057
Civil Design, Inc. June 7, 2005 R2005-1058
SUMMARY: These Agreements are being considered for renewal for required professional services, on a task order basis. Countywide (PFK)
8. Staff recommends motion to approve:
A)
a Quit Claim Deed in favor of Palm Beach County (County); and
B)
a County Deed in favor of State of Florida, Department of Transportation, Florida's Turnpike Enterprise (Turnpike).
SUMMARY: This item will approve a County Deed to release the County's interest to the Turnpike, right-of-way for the existing 45th Street bridge over the Florida Turnpike, and in return, the Turnpike will convey to the County by Quit Claim Deed, property adjacent to the right-of-way of 45th Street. Districts 6 & 7 (PFK)
9.
Staff recommends motion to approve: the Second Amendment to the Financial Assistance Agreement (R2003-1509) with the Town of Lake Clarke Shores (Town) for an extension of the completion date for improvements along the east edge of South Florida Water Management District right-of-way for its C-51 Canal. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed maximum of $250,000, to the Town for the planned improvements along the east edge of South Florida Water Management District's right-of-way for its C-51 Canal. This Second Amendment between the Town and County will extend the completion date from December 31, 2005 to June 30, 2006. The completion date of the improvements has been further delayed due to Hurricane Wilma. District 3 (MRE)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
E. COMMUNITY SERVICES
1.
Staff recommends motion to approve: an Application to the Department of Health & Human Services, Administration for Children & Families (HHS/CF) requesting that $50,000 in federal funds made available to the County in FY 2005 be approved and allocated for FY 2006. SUMMARY: Head Start/Early Head Start was awarded $50,000 by HHS/ACF in September 2005 to address issues of non-compliance as a result of Federal monitoring conducted in FY 2005. The award came in September 2005, which was the end of the fiscal year and left no time to spend the money. No County funding is required. (Head Start) Countywide (TKF)
2.
Staff recommends motion to approve: Travel at an estimated cost of $3,326.60 for Kenneth Higgins and Moise Theofa, Head Start/Early Head Start Policy Council members to attend the 33rd Annual National Head Start Association (NHSA) Training Conference May 7, 2006, through May 13, 2006, in Detroit, Michigan. SUMMARY: Travel approval is requested for two (2) Head Start/Early Head Start Policy Council members to attend the NHSA Training Conference. The Department of Health and Human Services/Administration for Children and Families (DHHS/ACF) requires that Head Start parents and community representatives receive training in order to take an active role in the program. The estimated cost of $3,326.60 provides for conference registration, airline, lodging, ground transportation, and meals for two (2) participants. Travel per diem is funded by Federal funds of $2,661.28 (80%) and County funds of $665.32 (20%). The County's portion is included in the FY 2006 budget. (Head Start) Countywide (TKF)
3.
Staff recommends motion to approve: Standard Agreement No. IP006-9500 with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the Emergency Home Energy Assistance for the Elderly Program (EHEAP) in an amount not-to-exceed $50,178, for the period March 1, 2006, through March 31, 2007. SUMMARY: This Agreement will allow the Division to serve 157 eligible low-income households who meet 150% of the federal poverty guidelines, have a least one (1) person age 60 years or older, and are experiencing a home energy emergency. Benefits include emergency assistance to prevent disconnection of utility services. No additional County funds are required. This Agreement was received on April 7, 2006. (DOSS) Countywide, except for portions of Districts 3, 4 , 5, & 7 south of Hypoluxo Road (TKF)
4. Staff recommends motion to:
A)
approve the 2006 U.S. Department of Housing and Urban Development (HUD) renewal application for the Supportive Housing Program for the period January 1, 2008, through December 31, 2008 in the amount of $ 438,254;
B)
approve the Shelter Plus Care renewal application for the period June 1, 2007, through May 31, 2008 in the amount of $135,360; and
C)
delegate authority to the County Administrator or his designee to sign the U.S. Department of Housing and Urban Development (HUD) Supportive Housing Program grant agreements.
SUMMARY: The Supportive Housing Program (SHP) will continue funding 30 transitional housing beds and supportive services, including specialized Case Management for the Homeless Outreach Teams (HOT). A cash match of $91,771 (20% Supportive Services/$46,940 and 25% Operating/$44,831) is required. This match will be requested in the FY 2008 budget process. The Shelter Plus Care grant provides rental assistance for 15 disabled individuals. There is no cash match requirement for the grant, but an in-kind match is provided by the partner agency in the form of supportive services. (Human Services) Countywide (TKF)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
F. AIRPORTS
1.
Staff recommends motion to approve: Memorandum of Leases and Landlord's Certificate with Rotortech Properties, LLC (Rotortech) and Galaxy Aviation of Palm Beach, Inc. (Galaxy). SUMMARY: The Memorandum of Leases has been requested by Galaxy and Rotortech to allow Rotortech to obtain a leasehold mortgage, in order to fund the construction of a hangar and associated improvements at Palm Beach International Airport (PBIA). The County's property will not be encumbered by this action. Countywide (LMB)
2. Staff recommends motion to approve:
A)
a Waiver of professional services competitive selection procedures; and
B)
a Contract with Kaplan, Kirsch & Rockwell, LLP in the amount not-to-exceed $50,000 to provide professional environmental consultant services related to environmental regulatory and procedural requirements for airport improvement projects at Palm Beach International Airport (PBIA).
SUMMARY: The County Administrator recommends that the competitive selection procedures be waived for the selection. Kaplan, Kirsch & Rockwell, LLP are uniquely qualified to provide these services in that they are intimately familiar with the environmental conditions and constraints at Palm Beach County's Airports and have successfully assisted the County navigate the federal environmental review process. Staff recommends the approval of a contract in the amount not-to-exceed $50,000 for professional services retroactive to December 1, 2005 and expiring December 1, 2006, with two (2) one (1) year renewal options. This firm has provided consulting services for the Department of Airports in the past. Countywide (LMB)
3.
Staff recommends motion to adopt: a Resolution accepting funding assistance and approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $545,000 for the Taxiway Pavement Rehabilitation Project at Palm Beach International Airport (PBIA). SUMMARY: The Florida Department of Transportation has issued a Joint Participation Agreement reflecting their commitment of funding to the above referenced project in the amount of $545,000 or 50.00% of the eligible project costs, whichever is less. Countywide (LMB)
4. Staff recommends motion to:
A)
adopt a Resolution accepting funding assistance and approving a Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) in the amount of $3,280,000 for the expansion of the Security Checkpoints at Palm Beach International Airport (PBIA); and
B)
approve Budget Transfer of $3,280,000 in the Airports Improvement and Development Fund to establish budget for the receipt of additional FDOT grant funding.
SUMMARY: The FDOT re-allocated a JPA approved by the BCC on June 8, 2004 (R2004-1318) in the amount of $3,280,000 or 80.00% of the eligible project costs, whichever is less, for the Runway Relocation/Extension at North Palm Beach County General Aviation Airport. Approval of this Resolution and agreement will allow for the re-allocation of $3,280,000 and will amend the funding percentage previously approved from 80.00% to 100% to be used for the expansion of the Security Checkpoints at PBIA. Countywide (LMB)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
F. AIRPORTS (Cont'd)
5. Staff recommends motion to:
A)
adopt a Resolution accepting funding assistance and approving a Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) in the amount of $75,000 for the expansion of the Security Checkpoints at Palm Beach International Airport (PBIA); and
B)
approve Budget Amendment of $75,000 in the Airports Improvement and Development Fund to establish budget for the receipt of additional FDOT grant funding and to increase Airport Reserves.
SUMMARY: The FDOT re-allocated a JPA approved by the BCC on July 15, 2003 (R2003-1050) in the amount of $75,000 or 5.00% of the eligible project costs, whichever is less, to relocate Access Road at North Palm Beach County General Aviation Airport. Approval of this Resolution and agreement will allow for the re-allocation of $75,000 and will amend the funding percentage participation previously approved from 5.00% to 100% to be used for the expansion of the Security Checkpoints at PBIA. Countywide (LMB)
6. Staff recommends motion to:
A)
adopt a Resolution accepting funding assistance and approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $625,000 to install Passenger Loading Bridges at Palm Beach International Airport (PBIA); and
B)
approve Budget Amendment of $625,000 in the Airports Improvement and Development Fund to establish budget for the receipt of additional FDOT grant funding and to increase the expenditure authorization for the Passenger Loading Bridges at PBIA.
SUMMARY: The Florida Department of Transportation has issued a Joint Participation Agreement reflecting their commitment of funding to the above referenced project in the amount of $625,000 or 50.00% of the eligible project costs, whichever is less. Countywide (LMB)
7. Staff recommends motion to:
A)
adopt a Resolution accepting funding assistance and approving a Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) in the amount of $37,500 for Airfield Remarking at Palm Beach International Airport (PBIA); and
B)
approve Budget Amendment of $37,500 in the Airports Improvement and Development Fund to establish budget for the receipt of additional FDOT grant funding and to increase the expenditure authorization for the Airfield Remarking Project.
SUMMARY: On July 15, 2003 (R2003-1053), the BCC adopted a resolution accepting funding assistance and approving a JPA with the FDOT in the amount of $37,500 or 12.50% of the eligible project costs, whichever is less, for Airfield Remarking at PBIA. The FDOT has issued a Supplemental Joint Participation Agreement amending their funding percentage from 12.50% participation to 50.00% participation, as FAA funds were not received for this project. Countywide (LMB)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve:
A)
Budget Transfer of $184,644 from the $50.87 Million Sunshine Pool Loan 1987 Debt Service Fund to the $13 Million 2nd FAU/Scripps Building Debt Service Fund 2041 for annual debt service payments; and
B)
Budget Amendment and Transfer of $184,644 in the $13 Million 2nd FAU/Scripps Building 2005 Debt Service Fund 2041 for principal and interest payments.
SUMMARY: The Budget Transfers and Amendment are required to set up the debt service payments for the Bonds. Countywide (PFK)
H. FACILITIES DEVELOPMENT & OPERATIONS
1.
Staff recommends motion to approve: Amendment No. 3 to contract with Advanced Roofing, Inc. (R2005-0753) to implement the third renewal of an annual roofing contract with a maximum value of $1,500,000. SUMMARY: This agenda item is a renewal to the Annual Contract-Roofing which was awarded to Advanced Roofing, Inc., as one (1) of five (5) approved roofing contractors. The contractor will continue to perform as an annual roofing contractor for roofing of various facilities. This annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work from Hurricane Wilma, which would exceed the value assigned to the contract. To date, the total amount of work orders issued to all five (5) vendors under this contract is $2,428,925.95. All terms of the original contract remain in effect. This is the third of four (4) extensions allowed by the Contract. SBE participation goals for the roofing contracts is 15% overall. Advanced Roofing's participation for work orders issued to date is 0%. The overall roofing contracts SBE participation for work orders issued to date is 54.9%. (FD&O Admin) Countywide (JM)
2.
Staff recommends motion to approve: Amendment No. 3 to contract with Hi-Tech Roofing & Sheetmetal, Inc. (R2005-0750) to implement the third renewal of an annual roofing contract with a maximum value of $1,500,000. SUMMARY: This agenda item is a renewal to the Annual Contract-Roofing which was awarded to Hi-Tech Roofing & Sheetmetal, Inc. , as one (1) of five (5) approved roofing contractors. The contractor will continue to perform as an annual roofing contractor for roofing of various facilities. This annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work from Hurricane Wilma which would exceed the value assigned to the contract. To date, the total amount of work orders issued to all five (5) vendors under this contract is $2,428,925.95. All terms of the original contract remain in effect. This is the third of four (4) extensions allowed by the Contract. SBE participation goals for the roofing contracts is 15% overall. Hi-Tech Roofing's participation for work orders issued to date is 100%. The overall roofing contracts SBE participation for work orders issued to date is 54.9%. (FD&O Admin) Countywide (JM)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
3.
Staff recommends motion to approve: Amendment No. 3 to contract with Murton Roofing Corp. (R2005-0751) to implement the third renewal of an annual roofing contract with a maximum value of $1,500,000. SUMMARY: This agenda item is a renewal to the Annual Contract-Roofing which was awarded to Murton Roofing Corp., as one (1) of five (5) approved roofing contractors. The contractor will continue to perform as an annual roofing contractor for roofing of various facilities. This annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work from Hurricane Wilma, which would exceed the value assigned to the contract. To date, the total amount of work orders issued to all five (5) vendors under this contract is $2,428,925.95. All terms of the original contract remain in effect. This is the third of four (4) extensions allowed by the Contract. SBE participation goals for the roofing contracts is 15% overall. Murton Roofing's participation for work orders issued to date is 0%. The overall roofing contracts SBE participation for work orders issued to date is 54.9%. (FD&O Admin) Countywide (JM)
4.
Staff recommends motion to approve: Work Order No. 06-105 with Hi-Tech Roofing & Sheetmetal, Inc. (R2005-0750) in the amount of $473,000 to provide replacement of the existing roofs at the Agriculture Center in West Palm Beach. SUMMARY: The work consists of removing the existing roof system on five (5) buildings and replacing with a new standing seam metal roof system. The SBE participation in this work order is 100% overall. There are currently five (5) participating vendors under the Annual Roofing contract. When the participation for this work order is added to the total participation against the roofing contract, the resulting values are 54.9% overall. The participation goals are 15% overall. The construction duration for this work is 150 days. (FD&O Admin) District 6 (JM)
5.
Staff recommends motion to approve: Contract with McTeague Construction, Inc. for the construction of Fire Station No. 48 in the amount of $1,795,595. SUMMARY: The contract will provide for the construction of a 5,500 sq. ft. fire station with associated work located on Hypoluxo Road between Lyons Road and the Florida Turnpike. The SBE goal for this project is 15%. McTeague Construction bid includes participation at 17.4%. The Contract time is 365 calendar days to substantial completion. (Capital Improvements Division) District 3 (JM)
6.
Staff recommends motion to approve: Change Order No. 3 in the amount of $4,920.50 with a 48-day time extension to the Contract with West Construction, Inc. (R2004-1437) for Mounts Botanical Garden Entrance. SUMMARY: On June 22, 2004, the Board entered into a contract with West Construction, Inc., for improvements to the entrance to Mounts Botanical Gardens in the amount of $473,950. These improvements include adding lighting, landscape islands, paver brick walkways, and walkway pavilion to the parking lot, as well as new fencing, gates, pergolas, garden gazebo, walkways and landscaping to the adjoining entryway area. Change Order No. 3 authorizes the installation of an additional wall mounted light for the parking lot, two lights for the walkway pavilion and one light for the garden gazebo, as well as hand painting the structures. Change Order No. 3 must be approved by the Board of County Commissioners because this Change Order when combined with previous approvals, would exceed the combined authority of the Contract Review Committee and Department Director for time extensions. This project is complete, and with approval of this final Change Order, the project will be submitted for close out. There is no small business participation proposed for this Change Order. The goal for this project is 15% and when combined with previous change orders, the total participation is 18.9%. (Capital Improvements Division) District 6 (JM)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
7.
Staff recommends motion to approve: an Agreement with the Florida Department of Corrections (DOC) allowing for interoperable communications through the countywide common groups of the County's 800 MHz Radio System. SUMMARY: This Agreement provides the conditions under which the DOC can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. The County's system will not be utilized for routine operational communications by the DOC. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The DOC is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the 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. (FDO/ESS) Countywide (JM)
I. HOUSING & COMMUNITY DEVELOPMENT
1.
Staff recommends motion to approve: an Agreement with the City of South Bay for replacement of a wastewater pump and repairs to a water tank, in the amount of $460,000, in Community Development Block Grant (CDBG) funds for the period of May 2, 2006, through June 30, 2007, in connection with the Disaster Recovery Initiative Program as funded by the State of Florida, Department of Community Affairs. SUMMARY: The project involves the replacement of a pump station that suffered hurricane damage and repairs to a water tank in the City of South Bay. This funding is being made available under the Disaster Recovery Initiative Program as funded through an agreement for a $4.375 million grant between the County and the State of Florida, Department of Community Affairs. The State is using Federal Community Development Block Grant (CDBG) funds provided by the United States Department of Housing and Urban Development for this Agreement. The State allocated $460,000 to this project. This Agreement will provide $460,000 in Federal CDBG funds which do not require local matching funds. District 6 (TKF)
2.
Staff recommends motion to approve: an Agreement with the City of Pahokee for storm drainage improvements in the Glades Citizens Villas subdivision, in the amount of $600,000, in Community Development Block Grant (CDBG) funds for the period of May 2, 2006, through July 30, 2007, in connection with the Disaster Recovery Initiative Program as funded by the State of Florida, Department of Community Affairs. SUMMARY: The project involves the construction of storm drainage improvements in the Glades Citizens Villas subdivision (a/k/a Citizens Villas) in the City of Pahokee. This funding is being made available under the Disaster Recovery Initiative Program as funded through an agreement for a $4.375 million grant between the County and the State of Florida, Department of Community Affairs. The State is using Federal Community Development Block Grant (CDBG) funds provided by the United States Department of Housing and Urban Development for this Agreement. The State allocated $600,000 to this project. This Agreement will provide $600,000 in Federal CDBG funds which do not require local matching funds. District 6 (TKF)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends motion to approve:
A)
a Contract with R.J. Sullivan Corp. to construct the Water Treatment Plant No. 8 Expansion in the amount of $18,620,000; and
B)
Consultant Services Authorization No. 10 with Camp Dresser & McKee, Inc. (CDM) for limited services during construction in the amount of $218,328.
SUMMARY: On March 15, 2006, two (2) bids were received for construction of the Water Treatment Plant No. 8 Expansion with R.J. Sullivan Corp. being the low bidder in the amount of $18,620,000. This Contract provides for expansion of the existing 20 million gallon per day (MGD) lime softening and filtration water treatment plant to 30 MGD. The 10 MGD expansion will utilize an anionic exchange process to remove color compounds. Consultant Services Authorization No. 10 provides for Camp, Dresser & McKee, Inc., to provide limited construction management services and startup assistance during construction. The balance of construction management services will be provided by Water Utilities Department staff. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with R.J. Sullivan Corp. provides for SBE participation of 15.14% overall. The contract with Camp Dresser & McKee includes the SBE participation goal of 20%. This Consultant Services Authorization includes 38.47% overall participation. The consultant's cumulative SBE participation, including this Authorization is 24.73% overall. (WUD Project No. 05-146) District 2 (JM)
2.
Staff recommends motion to receive and file: six (6) Standard Development Agreements, complete with executed documents received during the month of March 2006.
Standard Development Agreements
A)
Royal Palm Town Center II, LLC 01-01176-000
B)
T.H.D. Development, Inc. 01-01177-000
C)
Westbrooke Homes 01-01178-000
D)
Whispering Winds Greenacres, LLC 02-01108-000
E)
K. Hovnanian T&C Homes at Florida, LLC 05-01086-000
F)
Boca Raton Commerce Center, LLC 09-01048-000
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 (SF)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd)
3.
Staff recommends motion to approve: Supplement No. 1 to Consultant Services Authorization No. 17 (R2006-0239) to the Contract with Mathews Consulting, Inc. (R2005-0777) for legal services relating to the acquisition of the Village of Royal Palm Beach's water and wastewater utility system in the amount of $249,319.90. SUMMARY: Consultant Services Authorization No. 17 with Mathews Consulting, Inc. provided for professional engineering and consulting services necessary to perform the statutorily required due diligence evaluation for acquisition of the Village of Royal Palm Beach water and wastewater utility system. The Consultant Services Authorization scope of work included legal services to be performed by the firm of Rose, Sundstrom, and Bentley, but did not include the fees related to those services due to the difficulty in estimating the amount of work that would be necessary to negotiate and close the transaction. The legal work was authorized on a time and materials basis. Legal services provided included attendance at numerous negotiation and staff review sessions, preparation of contracts, negotiation and preparation of the final agreement, preparation of the public interest statement and related documents, examination of real property titles, overseeing the preparation of public and private easements, assignment of warranties, assignment of interlocal agreements, assignment of permits, assignment and assumption of development agreements, insuring that surveys were completed, examination of title insurance, insuring that vehicle titles were ready for transfer, and preparation of closing documents. The contract with Mathews Consulting, Inc. includes the Small Business Enterprise (SBE) participation goal of 55%, which exceeds the 15% goal established by Palm Beach County Ordinance (No. 2002-064). This Consultant Services Authorization includes 9.09% overall participation. The consultant's cumulative SBE participation, including this Authorization is 58.87% overall. WUD Project No. 06-051 District 6 (MJ)
L. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to:
A)
approve Interlocal Agreement with the City of Boca Raton for funding a portion of certain project costs associated with the North Boca Raton Beach Nourishment Project through September 30, 2027; and
B)
authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: The Interlocal Agreement with the City of Boca Raton (City) for the North Boca Raton Beach Nourishment Project provides for the County to cost share with the City on a reimbursement basis. The County's cost sharing responsibility is limited to twenty percent (20%) of the total eligible costs within the project area and the annual amount budgeted by the Board of County Commissioners. The County's share would be $1,109,200 for all eligible costs during FY '07 and $37,200 for eligible costs during FY '06. Design, permitting, construction, environmental and project performance monitoring are all eligible project costs. District 4 (SF)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont'd)
2.
Staff recommends motion to approve: Budget Transfer of $1,637,000 in the $75M Conservation Land 1999 Fund from Reserves to various natural areas projects. SUMMARY: This item will establish additional budget required to fund planned initial capital improvements for various county natural areas. These improvements include continued multi-phased initial exotic plant removal efforts, management road installation, firebreak preparation, habitat restoration and fencing installation at High Ridge Scrub $24,000, Yamato Scrub $300,000, Delaware Scrub $100,000, Hypoluxo Scrub $36,000, Limestone Creek $50,000, Pine Glades Natural Area $300,000, Frenchman's Forest $48,000, C-18 Triangle $300,000, Corbett/Loxahatchee Refuge Connector $50,000, Pondhawk Natural Area $300,000, Winding Waters Natural Area $100,000, and Prosperity Oaks $29,000. Districts 1, 3, 4, & 6 (JM)
M. PARKS & RECREATION
1.
Staff recommends motion to approve: Agreement with the City of Boynton Beach for the period May 2, 2006, through May 31, 2006, in an amount not-to-exceed $2,500 for funding of the Boynton Beach Competitive Cheerleading Program. SUMMARY: This funding is to assist with operational costs for the Boynton Beach Competitive Cheerleading Program. The cheerleaders represent the City of Boynton Beach at various local and statewide competitions. The program serves approximately 40 youth from age four (4) through fifteen (15). The Agreement allows for the reimbursement of eligible pre-agreement expenses incurred subsequent to March 7, 2005. Funding is from the Recreation Assistance Program (RAP). District 7 (AH)
2.
Staff recommends motion to approve: Agreement with For the Children, Inc., for the period May 2, 2006, through July 30, 2006, in an amount not-to-exceed $2,500 for funding of Osborne and Barton Community After School Program activities. SUMMARY: This funding is to assist with the For the Children, Inc.'s After School Program activities. The after school programs serve approximately 250 children and youth. Funding is from the Recreation Assistance Program (RAP). District 7 (AH)
3. Staff recommends motion to receive and file: executed Independent Contractor Agreements received during the month of March 2006:
A)
David Wright, Competitive Swim Coach, Aqua Crest Pool (WRI176520406530300B); and
B)
Ken Nemet, Masters Competitive Swim Coach, Lake Lytal Pool (NEME00010406530200I).
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. These Independent Contractor Agreements have 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 R94-422, amended by Resolution R02-2103, and are now being submitted to the Board for receive and file. Districts 2 & 4 (AH)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
M. PARKS & RECREATION (Cont'd)
4. Staff recommends motion to:
A)
adopt Resolution for assistance under the Florida Inland Navigation District (FIND) Waterways Assistance Program for grant funding for Burt Reynolds Park Phase II Development in the amount of $1,000,000;
B)
authorize the County Administrator or his designee to execute the funding Agreement, as well as task assignments, certifications, standard forms, or amendments to the Agreement that do not change the scope of work or terms and conditions of the Agreement, if the grant is approved; and
C)
authorize the Director of the Parks and Recreation Department to serve as Liaison Agent with FIND for this project.
SUMMARY: This grant application requests up to $1,000,000 from the FIND Waterways Assistance Program (WAP) for the development and construction costs of the Burt Reynolds Park Phase II development project. The $2.9 million project includes construction of a new restroom, access road, 48 paved car/trailer parking spaces, 18 stabilized grass car/trailer parking spaces, 65 car parking spaces, group picnic pavilion, family picnic shelters, storage building, security lighting, a children's play area, and additional staging docks on the west side of the park. The $1,000,000 FIND grant will be matched with $470,000 from the Florida Boating Improvement Program (FBIP), and $550,000 from Park Impact Fees - Zone 1. District 1 (AH)
5.
Staff recommends motion to receive and file: Palm Beach County Florida Boating Improvement Program (PBC-FBIP) Project Agreement with the City of Delray Beach for funding for the Lake Ida 11th Street Park Boating Improvement Project for the period May 2, 2006, to May 1, 2008. SUMMARY: This fully executed Agreement was executed by Dennis L. Eshleman, as authorized signatory for PBC-FBIP Agreements meeting criteria as delineated in R99-77, which established guidelines for the Palm Beach County - Florida Boating Improvement Program (PBC-FBIP). The Agreement is for an eligible boating-related project which includes renovation of the Lake Ida 11th Street Park to provide boat ramp access to Lake Ida, boat trailer, regular and handicapped parking, walking trails, playground equipment, picnic pavilions, rest rooms, landscaping, and irrigation. The amount of PBC-FBIP funding to be provided to the City of Delray Beach for this project is $100,000. Pre-Agreement costs incurred subsequent to January 1, 2006, are eligible for reimbursement. The funding was previously approved during the FY 2006 budget process. District 4 (AH)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
N. LIBRARY
1. Staff recommends motion to:
A)
receive and file one (1) Grant Agreement with the Bill & Melinda Gates Foundation for a $45,000 grant award to the Palm Beach County Library System for a Public Access Computer Hardware Upgrade Program for the period March 31, 2006 to December 31, 2008; and
B)
approve a Budget Amendment of $45,000 to establish the Bill & Melinda Gates Foundation grant award.
SUMMARY: This grant is designed to replace public computers purchased under the Library System's prior grants from the Gates Foundation or, if they have already been replaced, to purchase new computers for the specific branches (Belle Glade, Pahokee, South Bay and Main) which were eligible for the earlier grants. Required personal productivity software will also be purchased. No matching funds are required. Funds must be expended by December 31, 2008. Countywide (TKF)
S. FIRE RESCUE
1. Staff recommends motion to:
A)
ratify the Chairman's signature on a Grant Application to the U.S. Department of Homeland Security's 2006 Assistance to Firefighters Grant Program in the amount of $510,000, including a local match of $102,000; and
B)
authorize the County Administrator, or his designee (Division Chief of Training), to act as the County's representative for the purpose of electronically signing and submitting the Grant Application via the Department of Homeland Security's website.
SUMMARY: The 2006 Assistance to Firefighters Grant (AFG) Program is a competitive grant program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents. This grant program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. If awarded this Grant, funds would be used to purchase computer-based driving simulators to reinforce classroom education. The ability to use driving simulations is a critical element to improving driver safety. The grant rules require submission of these grant applications by electronic format in order to assure an efficient review and competitive scoring of all grants submitted under this program. Countywide (SB)
U. INFORMATION SYSTEM SERVICES
1.
Staff recommends motion to approve: Amendment No. 2 to the Computer Program Licensing Agreement with Computer Associates International, Inc., (R2003-0720), extending the period from May 15, 2006, through May 14, 2007 in the amount of $35,900. SUMMARY: This second Amendment to the County's existing Computer Associates (CA) Program Licensing Agreement provides for the ongoing annual software license maintenance charges for the CA AllFusion Harvest Change Manager program operating in the open systems processing environment. The use of the software to be supported for the extended period was thoroughly reviewed by staff prior to developing this agreement. Countywide (PFK)
MAY 2, 2006
3. CONSENT AGENDA APPROVAL
X. PUBLIC SAFETY
1.
Staff recommends motion to receive and file: standard three (3) year Interlocal Agreement with the Town of Manalapan (Town) that authorizes municipal access to the County's Geographic-based Alert and Notification System (Dialogic). SUMMARY: The County has an existing system called "Dialogic" that is used to telephonically alert residents of emergency situations or conditions. This system is sometimes referred to as a "reverse 9-1-1 system." This Agreement formalizes the arrangement under which the Town may use the County's "Dialogic" system for alerting the residents of the Town. On August 16, 2005, the Board approved the standard agreement form and authorized the County Administrator, or his designee, to execute these agreements on behalf of the Board. Countywide (DW)
AA. PALM TRAN
1. Staff recommends motion to approve:
A)
a Labor-Management Agreement between Palm Tran, Inc. and the Palm Beach County Board of County Commissioners, as joint employer, and the National Conference of Firemen and Oilers, Service Employees International Union (SEIU), Local 1227 AFL-CIO (The Union) covering full-time, non-professional, supervisory employees at Palm Tran; and
B)
a Memorandum of Understanding between Palm Tran, Inc., and The Union.
SUMMARY: Pursuant to collective bargaining negotiations, the negotiating committees for Palm Tran and the National Conference of Firemen and Oilers, SEIU, Local 1227 have reached a tentative agreement on all negotiated issues. The bargaining unit covers certain specified job categories of full-time, non-professional, supervisory employees at Palm Tran. This is the second contract for the bargaining unit certified by the Public Employees Relations Commission under certification No. 1373. The proposed contract incorporating all agreed-upon terms was ratified by SEIU on March 23, 2006 and is presented for the Board's consideration and ratification. The previous contract expired on September 30, 2005, and negotiations for a new contract had not been completed, therefore, the bargaining unit could not receive the pay raise on October 1, 2005. This Agreement will become effective retroactively to October 1, 2005, through September 30, 2007. Countywide (DR)
MAY 2, 2006
4. SPECIAL PRESENTATIONS
A.
Proclamation and Certificates of Congratulations to the American Heritage School Boys and Girls State Soccer Champions. (Sponsored by Commissioner Aaronson)
B.
Proclamation declaring the month of May 2006 as "Clean Air Month" in Palm Beach County. (Sponsored by Commissioner Koons)
C.
Proclamation declaring the week of May 7 - 13, 2006 as "National Correctional Officers Week" in Palm Beach County. (Sponsored by Commissioner Koons)
D.
Proclamation declaring the month of May 2006 as "Drug Court Month" in Palm Beach County. (Sponsored by Commissioner Newell)
E.
Proclamation declaring the week of May 2, 2006 as "National Tourism Week" in Palm Beach County. (Sponsored by Commissioner Newell)
F.
Proclamation declaring the week of May 14 - 20, 2006 as "Emergency Medical Services Week" in Palm Beach County. (Sponsored by Commissioner Masilotti)
G.
Certificate of Appreciation to Majestic Homes for their participation in the Extreme Makeover of a home for a Riviera Beach family. (Sponsored by Commissioner Greene)
H.
Proclamation declaring the month of May 2006 as "National Bike Month" in Palm Beach County. (Sponsored by Commissioner Marcus)
I.
Proclamation declaring the week of May 7 - 13, 2006 as "Building Safety Week" in Palm Beach County. (Sponsored by Commissioner Greene)
J.
Proclamation declaring the week of May 7 - 13, 2006 as "National Goodwill Week" in Palm Beach County. (Sponsored by Commissioner McCarty)
K.
Proclamation declaring the week of May 1 - 7, 2006 as "Nurses Week" in Palm Beach County. (Sponsored by Commissioner Masilotti)
L.
Certificate of Appreciation presented to Murray J. Green for his years of service on the Education and Government Programming Advisory Board. (Sponsored by Commissioner McCarty)
MAY 2, 2006
4. SPECIAL PRESENTATIONS(Cont'd)
ADD-ON: Proclamation declaring the month of May 2006 as "Jewish American Heritage Month" in Palm Beach County. (Sponsored by Commissioner Aaronson)
N. PRESENTED
ADD-ON: Proclamation declaring the week of May 20 - 27, 2006 as "National Safe Boating Week" in Palm Beach County. (Sponsored by Commissioner Marcus)
4P* PRESENTED
ADD-ON: Presentation by Youth Fest Sports Festival to the Board of County Commissioners.
5F-1 ADD-ON, TIME CERTAIN 10:30A.M.: Scripps
MAY 2, 2006
5. REGULAR AGENDA
A. COUNTY ATTORNEY
1.
Staff recommends motion to approve: the application of The King's Academy, Inc. for the issuance of not-to-exceed $22,000,000 of Tax-Exempt Adjustable Mode Revenue Bonds (The King's Academy, Inc. Project), Series 2006 (the "Bonds"). SUMMARY: The King's Academy, Inc. (the "School") has applied for the issuance of industrial development revenue bonds by the County in an amount not-to-exceed $22,000,000. Proceeds of the Bonds will be used to finance and refinance the costs of acquiring and constructing the School's campus located at 8401 Belvedere Road, West Palm Beach, Florida 33411, including approximately 63.7 acres of land, 13 buildings totaling approximately 194,000 gross square feet including classrooms for grades Pre-K - 12, a sports and fine arts center, an elementary music building, a library/media center, food services building, field house and covered physical education area, maintenance, administrative and related space, site improvements for athletic fields including bleachers and landscaping, and related improvements and equipment. Neither the taxing power nor the faith and credit of the County, nor any County funds shall be pledged to pay principal or redemption premium, if any, or interest on the Bonds. District 6 (PFK)
B. INTERNAL AUDITOR
1. Staff recommends motion to approve:
A)
Amendment No. 2 to the contract (R2004-1796) with Joseph Bergeron, Internal Auditor; and
B)
recommendations of the Audit Committee for salary and benefits for the period August 17, 2006, through August 16, 2007.
SUMMARY: The Audit Committee, at its March 15, 2006 meeting, unanimously approved recommending a 5% salary adjustment, an increase in deferred compensation contributions to 50% of the maximum amount allowed by law exclusive of any catch-up provisions and an extension of the contract term to three (3) years. This Amendment provides for an extension of the Internal Auditor's contract through August 16, 2009. The Audit Committee's recommendations result in a salary of $126,788 and a deferred compensation contribution of $7,500 annually. This item is presented to the Board at this time to comply with the 90 day notice requirement of the contract. Countywide (PFK)
MAY 2, 2006
5. REGULAR AGENDA
C. WATER UTILITIES
1.
Staff recommends motion to receive and file: the Water Utilities Department Financial Briefing Report. SUMMARY: The Board directed staff to present information regarding the financial status of the Utility, specifically relating to its Reserve Funds. The Water Utilities Department is an Enterprise Fund of the County. The Department receives its revenue from user and developer fees collected from customers. Revenues are used to fund our operating and capital budgets. Revenues in excess of budgeted expenses accumulate in cash balances or reserves to fund future projects. The term "reserves" references two specific accounts - cash balances and reserves. Cash balances are funds set-aside to encumber capital required for projects spanning multiple budget years. Reserves, on the other hand, are funds set-aside to satisfy bond covenants, achieve preferred bond ratings, and address operational contingencies and unplanned situations. Maintaining appropriate cash balances and reserves is in great measure responsible for the financial stability and high bond rating (AAA) of the Department. Over the past few years, the Department has relied heavily upon its reserves to cover unforeseen costs associated with hurricanes, spikes in energy pricing, escalation of construction materials and piping, and increasing chemical costs. Today our reserves are less than the utility industry standard of fifty percent of annual operating revenues. Countywide (MJ)
2.
Staff recommends motion to approve on preliminary reading and to advertise for public hearing on May 16, 2006, at 9:30a.m.: an Ordinance amending Chapter 27, Article IX of the Palm Beach County Code; amending the boundaries of the Mandatory Reclaimed Water Service Area; clarifying the definition of a new development within the Mandatory Reclaimed Water Service Area; providing for repeal of laws in conflict; providing for severability; providing for a savings clause; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: The South Florida Water Management District, in accordance with the recent passage of growth management legislation, has mandated that water utility providers develop alternative water supplies. The Palm Beach County Water Utility Department has responded to the District's mandate with a long range program that promotes the conservation and protection of surface and groundwater resources through the advancement of reclaimed water within the utility's service area. The County's program specifies a geographic area known as the "Mandatory Reclaimed Water Service Area" (MRWSA). Any new development located within the MRWSA is required to construct a reclaimed water irrigation network that is connected into the County's reclaimed water system. This program complies with the Utility Element of the County Comprehensive Plan to secure future water supplies for urban and agricultural users. The program also promotes preservation and enhancement of the regional ecosystem. This Ordinance will amend boundaries and clarify the definition of "new development" for the MRWSA. Expansion of the MWRSA helps the County comply with the District's mandate. District 5 (MJ)
MAY 2, 2006
5. REGULAR AGENDA
D. HOUSING AND COMMUNITY DEVELOPMENT
1. Staff recommends motion to:
A)
adopt a Resolution approving the Tenth Amendment to the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Year 2003-2004; and
B)
approve revisions to the funding levels for strategies in the LHAP for fiscal years 2003-2004 indicating an increase in funding from $4,398,491 to $5,205,067 for the Purchase Assistance Program, an increase in funding for the Utility Connection Program from $100,000 to $106,638, a decrease in funding for the Multifamily Competitive Rental Program from $1,000,000 to $738,000, decrease in funding for the Special Needs Replacement Housing and Barrier Free Program from $500,000 to $0.00 and a decrease in funding for the Single Family Rehabilitation Program from $293,880 to $242,666.
SUMMARY: The demand for purchase assistance has increased significantly during the past year due to the escalating cost of housing. In order to meet the growing demand for purchase assistance, staff recommends appropriate revisions to the LHAP by modifying its programs funding level accordingly. Countywide (TKF)
E. PLANNING, ZONING & BUILDING
1. Staff requests Board direction:
A)
to incorporate additional amendments to the Unified Land Development Code (ULDC), Article 5.G.1, Density Bonus Program, Workforce Housing Program (WFH) to allow residential uses in Planned Unit Development (PUD) civic pod; and
B)
to allow a cash out of a PUD civic site at less than fair market value for purposes of creating workforce housing.
SUMMARY: The Zoning Division is currently drafting amendments to the ULDC, Article 5.G.1, Density Bonus Program (WFH) to incorporate the provision outlined in the Interim WFH Policy. The amendments will include: a) provision of flexibility to property development regulations to address compatibility due to the increase in density resulting from the WFH units; b) a study on the feasibility of allowing WFH units in the civic pod and coordination with PREM to establish criteria.
The Zoning Division is currently processing a residential project, Osprey Oaks PUD, which is scheduled for the May 25, 2006 Zoning Board of County Commission Hearing, of which the developer, EB Homes, is willing to provide Workforce Housing units on the designated civic pod. The developer has requested consideration to reduce the market rate for the cashing out of the civic parcel for providing WFH units for this development. (RB, Unincorporated)
F.
1.
ADD-ON:, TIME CERTAIN 10:30 A.M.: Scripps
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
MAY 2, 2006
6. BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD
A. COUNTY ATTORNEY
(Environmental Control Hearing Board)
1.
Staff recommends motion to approve: appointment of the following individual to the Environmental Control Hearing Board, to complete the unexpired term of Rhea Moss, who has resigned effective March 3, 2006, and whose term expires January 12, 2008:
Name Seat No. Requirement Recommended By
David L. Freudenberg 4 Citizen-at-Large Commissioner McCarty
SUMMARY: The Board is composed of five (5) members. Membership must consist of one (1) lawyer recommended by the Palm Beach County Bar Association, one (1) medical doctor recommended by the Palm Beach County Medical Society, one (1) engineer recommended by the Palm Bach County Chapter of the Florida Engineering Society, and two (2) citizens-at-large not holding elective office. This action will fill this seat until January 12, 2008. Countywide (GB)
RECESS AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS
MAY 2, 2006
7. BOARD APPOINTMENTS
A. AIRPORTS
(Committee on Airport Noise)
1.
Staff recommends motion to approve: appointment of the following individual to the Citizens Committee on Airport Noise (CCAN), to complete term expiring February 23, 2007:
Nominee Seat No. Nominated by
Tom Neumann 13 PBIA Air Carriers
SUMMARY: Per Resolution No. R2002-0544, the Citizens' Committee on Airport Noise consists of 13 seats, of which six (6) (Seat No. 8 through Seat No. 13) are recommended for appointment by the organizations approved by the BCC. Mr. Neumann has been recommended by the Air Carriers serving PBIA to complete the term vacated by Mr. Daniel Woodruff, who has retired. Countywide (LMB)
B. FIRE RESCUE
(Fire Code Board of Appeals and Adjustments)
1.
Staff recommends motion to approve: the reappointment of three (3) members to the Fire Code Board of Appeals and Adjustments Committee for a three (3) year term, beginning on May 18, 2006, through May 17, 2009:
Reappoint:
Nominee Category Seat No. Nominated By
Ken Loihle Municipal Building Official 3 Commissioner Masilotti
Commissioner Koons
Commissioner McCarty
Commissioner Aaronson
Robert Farmer Fire Sprinkler Contractor 5 Commissioner Masilotti
Commissioner Koons
Commissioner McCarty
Commissioner Aaronson
Gary Ratay Mechanical Engineer 8 Commissioner Masilotti
Commissioner Koons
Commissioner McCarty
Commissioner Aaronson
SUMMARY: The Fire Code Board of Appeals and Adjustments is maintained in accordance with the Palm Beach Local Amendments to the Florida Fire Prevention Code (Ordinance 2004-073). On March 3, 2006, a memo was distributed to the Board of County Commissioners (BCC) requesting nominations to this nine (9) member board (at-large). This Board is appointed by the Board of County Commissioners and members serve three (3) year terms, with no limit on the number of terms an individual may serve. Commissioners Tony Masilotti, Jeff Koons, Mary McCarty and Burt Aaronson have nominated Mr. Loihle, Mr. Farmer and Mr. Ratay. No other nominations were received. Countywide (SB)
MAY 2, 2006
7. BOARD APPOINTMENTS
B. FIRE RESCUE (Cont'd)
(Fire Rescue Advisory Board)
2.
Staff recommends motion to approve: the reappointment of the following individuals to Seat Nos. 1, 4 and 7 for a term of three (3) years beginning on December 16, 2005, through December 15, 2008:
Reappoint:
Nominee Position Seat No. Nominated By
Michael Bornstein Professional 1 Comm. Karen Marcus
Comm. Burt Aaronson
Dr. Richard Galeta Health Care Services 4 Comm. Karen Marcus
Comm. Burt Aaronson
Titus Rich Consumer 7 Comm. Karen Marcus
Comm. Burt Aaronson
SUMMARY: The Fire Rescue Advisory Board was created by Resolution No. R89-1661 and revised by R92-596 on April 28, 1992. Appointments to this seven (7) member board are for three (3) year terms, and represents specific fields of expertise. Mr. Bornstein represents the category of Professional, Dr. Galeta represents the category of Health Care Services and Mr. Rich represents the category of Consumer. Countywide (SGB)
C. COMMISSION DISTRICT APPOINTMENTS
MAY 2, 2006
8. MATTERS BY THE PUBLIC - 2:00 P.M.
MAY 2, 2006
9. STAFF COMMENTS
A. ADMINISTRATION COMMENTS
B. COUNTY ATTORNEY
MAY 2, 2006
10. COMMISSIONER COMMENTS
A. District 1 - COMMISSIONER KAREN T. MARCUS
B. District 2 - COMMISSIONER JEFF KOONS
C. District 3 - COMMISSIONER WARREN H. NEWELL
D. District 4 - COMMISSIONER MARY MCCARTY
1.
Proclamation declaring May 10th World Cu
E. District 5 - COMMISSIONER BURT AARONSON
F. District 6 - COMMISSIONER TONY MASILOTTI, CHAIRMAN
G. District 7 - COMMISSIONER ADDIE L. GREENE, VICE CHAIRPERSON
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."
May 2, 2006 - 9:30a.m.
PAGE ITEM
22 4M ADD-ON: Proclamation declaring the month of May 2006 as "Jewish American Heritage Month" in Palm Beach County. (Sponsored by Commissioner Aaronson)
22 4N ADD-ON: Proclamation declaring the week of May 20 - 27, 2006 as "National Safe Boating Week" in Palm Beach County. (Sponsored by Commissioner Marcus)
22 4P* ADD-ON: Presentation by Youth Fest Sports Festival to the Board of County Commissioners.
25 5F-1 ADD-ON, TIME CERTAIN 10:30A.M.: Scripps
NOTE: Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).