ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 16, 2008
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6 - 30)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 31 - 34)
5. REGULAR
AGENDA (Pages 35 - 38)
6. BOARD
APPOINTMENTS (Pages 39 - 40)
7. STAFF
COMMENTS (Page 41)
8. COMMISSIONER
COMMENTS (Page 42)
9. ADJOURNMENT (Page 42)
* * * * * * * * * * *
DECEMBER 16,
2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Resolution
from various municipalities for equalized State funding and new elementary
school
3A-2 Loan
Agreement with Glades Gas and Electric Corp. regarding Section 108 Program
funds
Page 7
3A-3 Brownfield
Economic Development Initiative Agreement regarding Avenue “A” revitalization
3A-4 Amendment
No. 2 with Business Development Board regarding BDB Executive Committee
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments and other items
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Administrative
change to JPA with FDOT regarding Okeechobee Blvd. improvements
3C-2 Accept
canal rights-of-way as platted in Gramercy Park
3C-3 Interlocal
Agreement with City of Riviera Beach for street lighting
Page 9
3C-4 Budget
Transfer/Amendment regarding Indian Creek Parkway/Egret Landing Blvd. signal
3C-5 Financial
Assistance Agreement with Village of Wellington for beautification of Forest
Hill Blvd.
3C-6 Amendment
No. 5 to Intelligent Transportation System Operational Facility JPA with FDOT
3C-7 Deleted
3C-8 County Deed in favor of Boynton Beach
Associates for un-used right-of-way on Boynton Beach Blvd.
Page 10
3C-9 Acceptance
of S.R. 7 from Sandhill Way E. to Northlake Blvd. for maintenance
3C-10 Consent to Assignment and Assumption of Traffic Agreement regarding
Ryder Cup Blvd.
D. COUNTY ATTORNEY
Page 10
3D-1 Settlement
of parcels needed for Lyons Road improvements
3D-2 Housing
Finance Authority Policies, Procedures and Process for loan applications
E. COMMUNITY SERVICES
Page 11
3E-1 Contracts
for various vendors for services to homeless individuals
3E-2 Amendment
No. 2 w/Area Agency on Aging for Emergency Home Energy Assistance Program
3E-3 Amendment
No. 1 with Children’s Home Society for Financially Assisted Agencies funds
3E-4 Agreement
with Area Agency on Aging for Nutrition Services Incentive Program
F. AIRPORTS
Page 12
3F-1 Construction Manager Authorization with
David Brooks Enterprises regarding the Addressable Fire Alarm project
3F-2 Development
of Regional Impact Annual Report for PBIA
3F-3 Development
of Regional Impact Annual Report for North PBC General Aviation Airport
Page 13
3F-4 Receive
and file four (4) original agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 13
3G-1 Budget
Transfer for payment to the Northern Palm Beach County Improvement District
3G-2 Appointment
of Goldman Sachs & Company on Senior Manager Underwriter Rotation List
DECEMBER 16,
2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Amendment
No. 1 with Kilday & Associates for property development evaluation services
Page 14
3H-2 Agreement
with Nextel South Corp. for reconfiguration of frequencies on 800 MHz system
3H-3 Agreement
with Motorola, Inc. regarding reconfiguration of frequencies on 800 MHz system
Page 15
3H-4 Agreement with EF Johnson Technologies regarding
reconfiguration of frequencies on 800 MHz system
3H-5 Fifth
Amendment to Lease Agreement with SFWMD, and Roth Farms for farming operation
Page 16
3H-6 Resolution
conveying 273 sq. ft. of land to Cove Club Investors, Inc.
3H-7 Amendment
No. 6 with SFWMD for use of well site near Lake Lytal Park
3H-8 Statutory
Warranty Deed from Delray Estuary for 1.29 parcel of mangrove wetlands
Page 17
3H-9 First
Amendment with Town of Manalapan for use of 800 MHz radio system
I. HOUSING & COMMUNITY DEVELOPMENT
Page 17
3I-1 Commission
on Affordable Housing Report of Affordable Housing Incentives
Page 18
3I-2 Rescind Blanket Assignment of Mortgages transferring
certain mortgage loans to Florida Housing Finance Corp.
Page 19
3I-3 Amendment
No. 1 with Community Land Trust regarding affordable housing funds
3I-4 Affordable
Housing Project “Kennedy Estates II”
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 19
3K-1 Supplement
No. 2 with Southeast Drilling Services for the wellfield rehabilitation project
Page 20
3K-2 Release
of Utility Easement on land owned by New Country Motor Cars of Palm Beach
3K-3 Second Amendment with Lion County Safari for
operation/maintenance of wastewater treatment facilities
3K-4 Change
Order No. 8 with R.J. Sullivan for WTP No. 8 expansion project
3K-5 Closing documents relating to Beeline
Community Development District water/wastewater system
Page 21
3K-6 Work
Authorization No. 6 with AKA Services for Lake Worth Road water main project
3K-7 Contract
for Optimization and Improvement Design/Build Services with Globaltech, Inc.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 21
3L-1 Resolution
authorizing Vessel Registration funds for the South Cove restoration project
Page 22
3L-2 Receive
and file Project Agreement with FIND for John’s Island Oyster Reef project
3L-3 Amendment
No. 3 with FDEP regarding Chain of Lakes System projects
Page 23
3L-4 Amendment No. 3 with FDEP regarding three
(3) sub-projects under Lake Worth Lagoon Partnership Grant Program
M. PARKS & RECREATION
Page 23
3M-1 First
Amendment with City of West Palm Beach for Grassy Waters pavilion project
3M-2 Agreement
with City of Pahokee for 2008 4th of July fireworks display
Page 24
3M-3 Agreement
with Palm Beach County Officials Association for sports officiating services
DECEMBER 16,
2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 24
3Q-1 First
Amendment with Office of the Public Defender regarding Ex-Offender Re-entry
Program
R. HUMAN RESOURCES
Page 24
3R-1 2008-2009
Affirmative Action Plan
S. FIRE RESCUE
Page 24
3S-1 Resolution
conveying transfer of title to ambulance/rescue vehicle to Town of Jupiter
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 25
3U-1 Tenth
Amendment with CGI-AMS for completion of software modifications
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 25
3X-1 FY
2005 State Homeland Security Grant Program for regional planning activities
Page 26
3X-2 FY 2009 EMS County Grant Application and
Distribution Agreement with DOH, Bureau of Emergency Medical Services for
improvements to EMS system
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 27
3Z-1 Cafeteria
Plan Adoption Agreement
AA. PALM TRAN
Page 28
3AA-1 Federal FY 2009 Master Agreement, and Certifications and Assurances
for FY 2009
BB. SHERIFF
Page 28
3BB-1 Grant Adjustment Notice for FY 2006 Forensic Casework DNA Backlog
Reduction Program
Page 29
3BB-2 Grant Adjustment Notice for FY 2006 Forensic DNA Capacity
Enhancement Program
3BB-3 Bureau of Justice Assistance Bulletproof Vest Partnership Grant
3BB-4 Grant Modification for Regional Virtual Fusion Center
Page 30
3BB-5 Budget Transfer for Law Enforcement Trust Fund for community program
donations
CC.
SUPERVISOR OF ELECTIONS
Page 30
3CC-1 Precinct boundary changes
DECEMBER 16,
2008
TABLE OF CONTENTS
PUBLIC HEARINGS - 9:30 A.M.
Page 31
4A Pine
Crest Preparatory School industrial development revenue bonds
4B Adult
Entertainment Ordinance
4C Nightclub
Security Ordinance
Page 32
4D Fire
Rescue Municipal Service Taxing Unit Ordinance (Village of Palm Springs)
4E Fire
Rescue Municipal Service Taxing Unit Ordinance (City of Lake Worth)
Page 33
4F Special
assessment process for Redding Road water distribution system project
4G Special
Assessment Ordinance
Page 34
4H Resolution
abandoning public drainage easement located east of El Clair Ranch Road
4I Resolution renouncing and disclaiming
any public interest in a portion of 95th Avenue within the plat of
Rainberry Planned Unit Development
REGULAR AGENDA
ADMINISTRATION
Page 35
5A-1 Economic
Development Ad Valorem Tax Exemption for Flight Safety International, Inc.
5A-2 Draft
FY 2009 State Legislative Program
COUNTY ATTORNEY
Page 35
5B-1 Resolution
amending County’s Administrative Code
PUBLIC
SAFETY
Page 35
5C-1 Resolution
establishing revised fees for adult entertainment IDs
PLANNING,
ZONING & BUILDING
Page 36
5D-1 Florida
Building Code Ordinance (basic wind speed map)
5D-2 Florida
Building Code Ordinance (turf and landscape irrigation systems)
Page 37
5D-3 Interlocal
Agreement with Village of Palm Springs for annexation of four (4) enclaves
PUBLIC
AFFAIRS
Page 38
5E-1 Broadband
Radio Service Decommission Agreement with T-Mobile USA, Inc.
BOARD
APPOINTMENTS (Pages 39 - 40)
STAFF
COMMENTS (Page 41)
COMMISSIONER
COMMENTS (Page 42)
ADJOURNMENT (Page 42)
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 2008-183 of the City Commission of the City of Dania Beach, Florida, urging the Florida Legislature to equalize funding based on population to provide each region of Florida, including South Florida, its fair share of State funding;
B) Resolution No. 151-2008 of the City of Boca Raton, Florida, urging the Florida Legislature to equalize funding based on population to provide each region of Florida, including South Florida, its fair share of State funding; and
C) Resolution No. 2-2009 of the City Commission of the City of
South Bay, Florida, requesting and supporting construction of a new elementary
school in the City of South Bay.
2. Staff recommends motion to approve:
A) a Loan Agreement with Glades Gas and
Electric Corporation (GG&EC) in the amount of $198,516 under the Palm Beach
County Section 108 Program;
B) a Brownfield Economic Development
Initiative (BEDI) Grant disbursement in the amount of $99,258; and
C) an Inter-creditor Agreement between
GG&EC and the Bank of Belle Glade;
SUMMARY: On October
9, 2008, the Section 108 Loan Review Committee (LRC), made up of
representatives from the Economic Development Office, Housing and Community
Development and Office of Financial Management & Budget, recommended
providing a loan through the Palm Beach County Section 108 Program for
GG&EC, a full service propane gas, appliance and air conditioning company.
This is the first Avenue A Revitalization project. The total project investment
is $596,290, which includes $278,516 from the Bank of Belle Glade, $198,516
from the County’s Section 108 Loan Program, $99,258 from the U.S. Housing &
Urban Development (HUD) Brownfield Economic Development Initiative (BEDI)
grant, and $20,000 from the County’s Business Frontage Program, in partnership
with the Lake Okeechobee Regional Economic Alliance of the Palm Beaches. Of the
$198,516 of Section 108 funds, $98,516 will be for fixed assets and $100,000
for working capital, which is within the County’s criteria. The combined
Section 108 loan and BEDI grant amount per job to be created is $33,086, which
is within the HUD criteria. The project will create nine (9) full-time
equivalent jobs in the next six (6) years. The borrower will use the funds to
renovate the interior and exterior of the building in which the business
operates, construct a 15 x 200 sq. ft. addition, landscape and improve the
driveway and parking areas. The family business was established in 1929 and is
located at 5 Southwest Avenue A, Belle Glade. The interest on the Section 108
loan will be the 3-month London Inter Bank Offered Rate (LIBOR) at the time of
closing (as of November 24, 2008, LIBOR was 2.160%) plus one percent (1%). The
fixed assets loan will have a term of 20 years and the working capital loan
will have a term of ten (10) years. These are Federal funds that require no
local match. Countywide (DW)
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve: a Brownfield Economic Development Initiative (BEDI)
Grant Agreement between Palm Beach County and the U.S. Department of Housing
and Urban Development (HUD) in the amount of $1.2 million for the Avenue “A”
Revitalization Project. SUMMARY: On
December 18, 2007, the Palm Beach County Board of County Commissioners (BCC)
adopted a Resolution (R2007-2307) authorizing the submittal of a BEDI Grant Application
for $1.2 million and a Section 108 Loan Program Application for $2.6 million to
fund the Avenue A Project in Belle Glade. HUD submitted notifications of
application approvals for the BEDI Grant in June 2008 and the Section 108 Loan
in September 2008. On November 14, 2008, HUD submitted the BEDI Contract for
execution. These are Federal funds that
require no local match. Countywide (DW)
4. Staff recommends
motion to approve:
A) Amendment No. 2 to the Business
Development Board of Palm Beach County, Inc. (BDB) five (5) year Agreement
(R2006-1998) to provide that the Chair may designate a member of the Board of
County Commissioners to sit on the executive committee of the BDB; and
B) Modification to the Scope of Services to be consistent
with the Agreement. The Agreement period
is from October 1, 2006, through September 30, 2011 and it is in the third year
of the term.
SUMMARY: The Board of County Commissioners entered
into an Agreement with the BDB to provide business recruitment assistance,
business retention activities and business expansion services in Palm Beach
County. Palm Beach County and the BDB entered into a public-private partnership
to promote the County, attract new businesses and assist in creating new
industries in the County. The Agreement also provides that the Chair of the Board
of County Commissioners will be appointed to the executive committee of the
BDB. In the event of a scheduling conflict, the Chair should be allowed to
designate that another member of the Board of County Commissioners be appointed
to the BDB’s executive committee and the Chair will then select a
representative to serve on the BDB’s Board of Directors. Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings: None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during October 2008. Countywide
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to:
A) approve an Administrative Change to the Joint Participation Agreement (JPA) R2005-0862 with the Florida Department of Transportation (FDOT), to incorporate updated language due to a revision to the Florida Statutes regarding the Florida Single Audit Act (FSAA) audit procedures; and
B) grant authority to the County Administrator, or his designee to approve Administrative Changes not included with this Agenda Item and all future Administrative Changes to other agreements with FDOT on behalf of the Board of County Commissioners resulting from revisions to the Florida Statutes regarding the FSAA audit procedures.
SUMMARY: The approval of this agenda item will
execute an Administrative Change to the JPA with FDOT for the improvement of
Okeechobee Boulevard from west of Clear Lake Bridge to Australian Avenue and
authorizes the County Administrator or his designee, to sign Administrative
Changes to other agreements with FDOT when it concerns revisions to the Florida
Statutes regarding the FSAA audit procedures. This Administrative Change
reflects a Florida Statute change in the FSAA audit procedures which requires
updated language to be incorporated into all agreements where FDOT is providing
financial assistance to Palm Beach County.
Districts 2 & 7 (PK)
2. Staff recommends motion to accept: the Canal rights-of-way (Canals) as platted in Gramercy Park Unit 1 (Plat Book 27, Page 51), Gramercy Park Unit 2 (Plat Book 27, Pages 157 and 158), and Gramercy Park Unit 4 (Plat Book 28, Page 76), for Palm Beach County (County) maintenance. SUMMARY: The Canals platted in Gramercy Park Units 1, 2 and 4 were dedicated to the public as easements for construction and maintenance of public utilities, and/or drainage purposes. It is requested that the Canals be accepted for County maintenance since they provide drainage for the County maintained roads in the Gramercy Park plats. District 7 (MRE)
3. Staff recommends
motion to approve:
A) an Interlocal Agreement with the City of
Riviera Beach to reimburse them up to $120,000 for street lighting; and
B) a Budget Transfer of $120,000 in the
Transportation Improvement Fund from Reserve for District 7 to W. 4th
Street/Australian Avenue to Avenue J Street Lights –District 7.
SUMMARY: Approval of this Agreement and Budget
Transfer will supply reimbursement funds for design and installation of
decorative street lighting on W. 4th Street/Australian Avenue to
Avenue J. District 7 (MRE)
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to approve:
A) a Budget Transfer of $50,000 in the Transportation Improvement Fund from Reserves for District 1 to Indian Creek Parkway and Egret Landing Boulevard Signal; and
B) a Budget Amendment of $52,000 in the Transportation Improvement Fund to recognize contributions from the Town of Jupiter of $26,000 and Egret Landing Home Owners Association of $26,000 for the Indian Creek Parkway and Egret Landing Boulevard Signal.
SUMMARY: Approval of
these actions will fund the installation of a mast arm traffic signal. Part of
the funding will be a budget transfer from District 1. The remainder of the funding will come from
the Town of Jupiter, the Egret Landing Home Owners Association and the Traffic
Division. District 1 (MRE)
5. Staff recommends
motion to approve: a Financial Assistance Agreement with
the Village of Wellington (Village), to provide them with a reimbursement
contribution not to exceed $62,500. SUMMARY: Approval
of this Agreement will provide funding to reimburse the
Village up to 10% (maximum of $62,500) of the cost for the installation of
beautification within the right-of-way of Forest Hill Boulevard, from
Wellington Trace (south intersection) to Wellington Trace (north intersection).
The Village will be responsible for the perpetual maintenance of these
improvements. District 6 (MRE)
6. Staff recommends
motion adopt: a Resolution to approve Amendment Number Five, to the
Intelligent Transportation System (ITS) Operational Facility Joint
Participation Agreement (JPA) with the Florida Department of Transportation
(FDOT) R2003-0312, to extend the term of the contract from December 31, 2008,
to June 30, 2009 and authorize transfer of ownership of the FDOT portion of the
ITS equipment to FDOT, for further maintenance.
SUMMARY: Approval of this
Amendment will allow Palm Beach County to extend the time limits on the
construction and construction administration agreement of the ITS Operational
Facility, at the County’s Vista Center offices from December 31, 2008, to June
30, 2009. This extension of time will
enable transfer of ownership of communications and electronic equipment that
has been procured and installed for the purpose of FDOT functions at the ITS Operational
Facilities to FDOT. District 2
(MRE)
7. DELETED
8. Staff recommends motion to:
A) approve a County Deed in favor of Boynton Beach Associates, XXII, LLLP (Boynton Associates) to convey un-used right-of-way originally intended for a right turn lane on Boynton Beach Boulevard; and
B) accept a Warranty Deed from Boynton Associates donating property for a new right turn lane on Boynton Beach Boulevard.
SUMMARY: Approval of this item will convey un-used right-of-way originally intended for a right turn lane and accept right-of-way for a new right turn lane along Boynton Beach Boulevard. District 5 (PK)
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends motion to approve: acceptance of State Road 7 from Sandhill Way East to Northlake Boulevard, for maintenance at a project cost of $4,580 per year. SUMMARY: Approval of this acceptance will provide for maintenance of State Road 7 from Sandhill Way East to Northlake Boulevard. District 6 (PK)
10. Staff recommends motion to approve: a Consent to Assignment and Assumption of an Agreement dated May 7, 1986, as amended March 1, 1990, February 21, 2002 and September 12, 2006 collectively Traffic Agreement between PGA National Venture, LLLP, (PGA National) and WFGR Resort Core V, L.L.L.C. (WFGR). SUMMARY: PGA National was party to the Traffic Agreement that defined rights and responsibilities relating to Ryder Cup Boulevard within PGA National Resort Community. PGA National desires to assign, and WFGR desires to assume PGA National’s rights and obligations under the Traffic Agreement which among other things sets forth operational procedures for guardhouse, information booth and traffic control gate. District 1 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to authorize: a settlement as to Parcels 102 , 704, 705, 705A,
and 705B in the amount of $5,554,860 inclusive of attorney’s fees, in the
eminent domain proceeding entitled Palm Beach County v. E.F. Johns, Ltd., et
al, Case No.: 50 2007 CA 00-2957 XXXMB AD, for the improvement of Lyons
Road. SUMMARY: This action would authorize a settlement of compensation
for the acquisition of one (1) parcel in fee simple and four (4) temporary
construction easements acquired for the improvement of Lyons Road from Glades
Road to Yamato Road (Project No. 1998504), by paying $5,554,860 for the
property acquired, damages, and attorney’s fees. District 5 (PM)
2. Staff recommends
motion to approve: the Housing Finance Authority of Palm Beach County,
Florida’s (the “Authority”) Policies, Procedures and Process for Loan
Applications Using Surplus Funds (the “Surplus Funds Policy”) as required by
Ordinance No. 2002-022 (the “Ordinance”). SUMMARY: Pursuant to its authority under the Ordinance and the Florida
Housing Finance Authority Law encoded in Part IV, Chapter 159, Florida Statutes
(the “Act”), the Authority has promulgated the Surplus Funds Policy to carry
into effect the powers and purposes of the Authority with respect to the use of
its surplus monies. Pursuant to the
Ordinance, “all rules or regulations to be promulgated by the Authority . . .
as the same are initially established . . .
shall be submitted to and approved, in each instance, by the Board of
County Commissioners.” Countywide (PFK)
DECEMBER 16,
2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contracts
with the following vendors for the period of January 1, 2009, through December
31, 2009 for a total of $509,725 for services to homeless individuals:
A) Gulfstream Goodwill Industries, Inc. for supportive
services in an amount not to exceed $65,000;
B) Gulfstream Goodwill Industries, Inc. for supportiv