ORDER OF BUSINESS BOARD OF COUNTY COMMISSIONERS BOARD MEETING PALM BEACH COUNTY,

JANUARY 13, 2004

TUESDAY COMMISSION 9:30 A.M. CHAMBERS

JUDITH CROSBY DEPUTY CLERK 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 (Page 7 - 34)

4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 35)

5. PUBLIC HEARINGS - 9:30 A.M. (Page 35 - 36)

6. REGULAR AGENDA (Page 37 - 40) TIME CERTAIN 11:00 A.M. (Riverbend Park) (Page 39)

7. SITTING AS THE CHILD CARE FACILITIES BOARD (Page 41) TIME CERTAIN 11:15 A.M. (Page 42)

8. BOARD APPOINTMENTS (Page 43 - 46)

9. STAFF COMMENTS (Page 47)

10. COMMISSIONER COMMENTS (Page 48)

11. ADJOURNMENT (Page 48)

* * * * * * * * * * *

1 JANUARY 13, 2004

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATION Page 7 3A-1 A $55,000 Marine Tech Prep Grant with the Marine Industry Education Foundation 3A-2 An Interlocal Agreement with the Village of Palm Springs 3A-3 Development Regions Grant Program (Round VIII) for FY 2004 Page 8 3A-4 Twenty-three agreements for the Department of Airports 3A-5 Annexation Ordinance No. 2003-36 of the City of Greenacres Page 9 3A-6 Two (2) annexation ordinances for the City of Greenacres 3A-7 Annexation Ordinance No. 681 of the Village of Royal Palm Beach 3A-8 Two (2) amendments to agreements for the Department of Housing and Community Development Page 10 3A-9 Two (2) standard development agreements and two (2) standard development agreement renewals for WUD B. CLERK Page 10 3B-1 Warrant List 3B-2 Minutes - None 3B-3 Contracts and claims settlements list 3B-4 Destruction of Board of County Commissioners records (1981 - 1996) 3B-5 Report of County Officials Bonds 3B-6 Change orders, work task orders, minor contracts, and final payments

C. ENGINEERING Page 11 3C-1 Deleted 3C-2 Budget Transfer of $153,513 3C-3 Agreement for Purchase and Sale of a parcel of land required for the construction of improvements to Old Dixie Hwy from Park Ave to Northlake Blvd 3C-4 Deleted 3C-5 The counter-offer payment of $95,890 for a whole take acquisition required for the improvements on Pratt Whitney Road 3C-6 FAA of $$206,000 with the City of Delray Beach Page 12 3C-7 Budget Transfer of $110,900 3C-8 Reimbursement Agreement related to drainage outfall construction for Woolbright Road 3C-9 Budget Amendment of $38,500 3C-10 Project Agreement of $269,762.77 with Metric Engineering, Inc. for professional design services 3C-11 Supplement No. 6 for $123,698.78 with K-F Group, Inc. for design, survey and environmental services for Persimmon Blvd 3C-12 Deleted 3C-13 CO No. 11 for a credit of $155,316.95 to contract with J. W. Cheatham, Inc. for construction of Lantana Road Page 13 3C-14 Renewal and Amendment of Appraiser Agreements with nine (9) firms 3C-15 CO No. 3 for $264,422 to contract with J. W. Cheatham, Inc. for construction of Jog Road 3C-16 CO No. 2 for $111,199.04 to contract with Hardrives, Inc. for construction of Clint Moore Road 3C-17 Deleted 3C-18 Acceptance of Chickasaw Road for courtesy maintenance

Page 14 3C-19 CO No. 17 for $31,787.01 to contract with Ric-Man International, Inc. for construction of Hagen Ranch Road 3C-20 Amendment to FAA with the Town of Jupiter 3C-21 Amendment to FAA with the Town of Jupiter 3C-22 JPA with FDOT for W. Atlantic Avenue

2 JANUARY 13, 2004

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

C. ENGINEERING (Cont’d) Page 15 3C-23 Budget Transfer of $3,711,000 in the Transportation Improvement Fund 3C-24 FAA with Keep Palm Beach County Beautiful, Inc. 3C-25 Supplemental Agreement No. 7 for $253,925.39 with Greenhorne & O’Mara, Inc. Page 16 3C-26 Two agreements to provide professional services for Street Lighting Systems and Related Inspections

D. COUNTY ATTORNEY Page 16 3D-1 Appointment of Successor Credit Facility Trustee for the Palm Beach Bedding Company project

E. COMMUNITY SERVICES Page 17 3E-1 Four (4) amendments to Ryan White Comprehensive AIDS Resources Emergency Act contracts 3E-2 FAA contracts totaling $365,072 Page 18 3E-3 Two (2) amendment to Ryan White Comprehensive AIDS Resources Emergency Act 3E-4 Amendment No. 1 to Master Agreement with AAA

F. AIRPORTS Page 19 3F-1 Agreement to Terminate the Hangar Lease Agreement with Russel Steiner 3F-2 Agreement to Purchase property located West of Runway 9L

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET Page 19 3G-1 Negotiated Settlement Offer 3G-2 Budget Amendment of $236,378

H. FACILITIES DEVELOPMENT & OPERATIONS Page 20 3H-1 Contract with Murray Logan Construction, Inc. 3H-2 Amendment No. 1 to Contract with Hedrick Brothers Construction, Co., Inc. 3H-3 A $435,757 Contract with GTE Builders 3H-4 Agreement with Bethesda Memorial Hospital for the 800 MHz Radio System Page 21 3H-5 Agreement with the City of Riviera Beach for the 800 MHz Radio System 3H-6 Resolution authorizing the conveyance of interest in 3 properties to the City of Boynton Beach 3H-7 Eighth Amendment to Tower Site Lease and Joint Use Agreement with AT&T Wireless Services 3H-8 Amendment No. 1 to Agreement for Purchase and Sales with House of Worship LLC Page 22 3H-9 Water Agreement for services outside the City Limits and Covenant for Annexation with the City of Boynton Beach 3H-10 Projects and related budgets for public artworks 3H-11 Amendment No. 5 to Use Agreement with SFWMD

I. HOUSING & COMMUNITY DEVELOPMENT Page 23 3I-1 Two (2) agreements for Emergency Shelter Grant funds

J. PLANNING, ZONING & BUILDING - None

3 JANUARY 13, 2004

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

K. WATER UTILITIES Page 23 3K-1 Two (2) Potable Water and Wastewater Development Agreements Page 24 3K-2 Utility Easement Agreement with the School Board of PBC 3K-3 CO No. 5 to Contract with The Poole and Kent Company 3K-4 WO No. 15 to the Continuing Contract with Foster Marine Contractors, Inc. Page 25 3K-5 WO No. 16 to the Continuing Contract with Foster Marine Contractors, Inc. 3K-6 CO No. 4 to Contract with Southeast Drilling Services, Inc. 3K-7 CO NO. 22 to Contract with The Poole and Kent Company Page 26 3K-8 Resolution revising the Uniform Policies and Procedures Manual (UPAP)

L. ENVIRONMENTAL RESOURCES MANAGEMENT Page 26 3L-1 Four (4) Agreements for Purchase and Sale of land in Unit 11 3L-2 Mitigation Bank Agreement with the School Board of PBC Page 27 3L-3 Three (3) Assignments of Option to Purchase for acquisition of approximately 50 acres of land in the Ag Reserve

M. PARKS & RECREATION Page 28 3M-1 Agreement with Junior Golf and Academics of America, Inc. 3M-2 Allocation of $2,200 from the District 6 Recreation Assistance Program to /Seniors in Motion Program

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION - None

R. HUMAN RESOURCES - None

S. FIRE RESCUE Page 28 3S-1 Budget Transfer of $15,300

T. HEALTH DEPARTMENT Page 29 3T-1 Contract with the Department of Health

U. INFORMATION SYSTEMS SERVICES Page 30 3U-1 Emergency requisition from Affiliated Computer Services, Inc. for a new format for the JIS Uniform Case Numbering method required by State statute 3U-2 Contract for Sale of a License of the Senior Aides Training Education Program

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC INFORMATION OFFICE - None

X. PUBLIC SAFETY - None

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

4 JANUARY 13, 2004

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

AA. PALM TRAN Page 31 3AA-1 Resolution approving a grant application with FDOT 3AA-2 Standard Agreement with AAA to fund transportation services for DOSS

BB. SHERIFF Page 32 3BB-1 Budget Transfer of $79,000 3BB-2 VOCA Agreement with the State of Florida Attorney General 3BB-3 Governor’s Drug-Free Communities Program grant Page33 3BB-4 FY 2003 Federal Annual Certification Report

CC. COURT ADMINISTRATION Page 33 3CC-1 Grant-in-Aid Agreement with the Justice Administrative Commission 3CC-2 FDLE Byrne grant Page34 3CC-3 Letter terminating the VOCA agreement for the Domestic Violence Intake Unit/Destiny by Choice Program

DD. TOURIST DEVELOPMENT COUNCIL Page 34 3DD-1 A $60,000 agreement with the PBC Film Festival

EE. SUPERVISOR OF ELECTIONS Page 34 3EE-1 Precinct boundary changes

SPECIAL PRESENTATIONS - 9:30 A.M. Page 35 4A Certificate of Appreciation to Major Mike Gauger 4B Certificate of Appreciation to Will Ray 4C “RAMS Day” 4D “Pahokee Blue Devils Day” 4F ADD-ON: Marching RAMS Day”

PUBLIC HEARINGS - 9:30 A.M. Page 35 5A The Jewish Federation of South Palm Beach County, Inc. project Page36 5B Living Wage Ordinance 5C Special Secondary Service COPCN to The Wackenhut Corporation for ALS in Ballen Isles

5 JANUARY 13, 2004

TABLE OF CONTENTS

REGULAR AGENDA

ADMINISTRATION Page 37 6A-1 Resolution updating the budgetary policy and Commission staff salary policy

ENGINEERING Page 37 6B-1 Budget Transfer of $10,000 6B-2 ADD-ON: OFFICE OF FINANCIAL MANAGEMENT AND BUDGET Page 37 6C-1 Reduction in taxable property assessments for parent/grandparent living quarters Page 38 6C-2 Public Improvement Revenue Refunding Bonds, Series 2004 (Convention Center Project) 6C-3 Public Improvement Revenue and Refunding Bonds, Series 2004 Bond Purchase Agreement 6C-4 Resolution authorizing the negotiation of a loan not-to-exceed $12 Million for the construction of a laboratory and research facility for Scripps Florida

PALM TRAN Page 39 6D-1 Labor-Management Agreement between Palm Tran, Inc. and the BCC and the National Conference of Firemen and Oilers, SEIU, Local 1227

HUMAN RESOURCES Page 39 6E-1 2003 - 2004 Affirmative Action Plan

PARKS AND RECREATION Page 39 6F-1 Conceptual Master Plan for Riverbend Park TIME CERTAIN 11:00 A.M.

FACILITIES DEVELOPMENT AND OPERATIONS Page 40 6G-1 Selection of a Proposal to purchase the County-owned Belvedere and 441 property 6G-2 Budget for pre-design services for the Scripps Research Campus

SITTING AS THE CHILD CARE FACILITIES BOARD Page 42 7A Appeal: Little Stars Learning Center, Inc.’s application to renew its Child Care License TIME CERTAIN 11:15 A.M.

BOARD APPOINTMENTS (Page 43- 46)

STAFF COMMENTS (Page 47)

COMMISSIONER COMMENTS (Page 48)

ADJOURNMENT (Page 48)

6 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. APPROVED R-2004-0015 Staff recommends motion to approve: a $55,000 Marine Tech Prep Grant Agreement with the Marine Industry Education Foundation (MIEF) of Palm Beach County, Inc., commencing January 1, 2004 and ending December 31, 2004. SUMMARY: The $55,000 Grant Agreement with the Marine Industry Education Foundation, Inc. will provide funding for the 7th year of operating costs associated with the development of the Marine Tech Prep Program. After FY 2004, MIEF has decided not to request additional County funding to carry on the Marine Technology Academy Program. During the 12-month Grant Agreement MIEF will: A) reorganize the freshman, sophomore, junior and senior year marine technology lesson plans for the 2004/5 school year to accommodate a shortage in the hours of training allowed by the School District; B) prepare students for the June 2004 Remote Operated Vehicle (ROV) National Competition, scheduled in Boston, MA, in which they will present an ROV designed and fabricated by them; C) coordinate with the marine industry employers to develop the students’ performance outcome for the 6-month On-The-Job-Training (OJT) Program and with the Workforce Development Board to secure training positions for graduating senior students ; D) hold the First Annual Job Fair and Employment Forum to bring industry employers and students together, to attract Marine Academy students to the OJT Post-Secondary Marine Apprenticeship Program and to present student awards; E) complete the development of the Marine Industry Employment website; F) coordinate with Channel 20 for the creation of a 15- minute video about the Marine Technology Academy; and G) continue to market the Marine Technology Academy. All FY 2003 grant goals were accomplished as follows: 1) improved and adapted the junior and senior curriculums to use the floating classroom; 2) marketed the marine program to all eighth graders in the School District; 3) structured a 6-month state- subsidized OJT Program instead of developing an apprenticeship program for each vocational discipline, for the benefit of both post-secondary students and marine employers; and 4) developed the basic structure, content and design of the Marine Industry employment website. Countywide (DW)

2. APPROVED R-2004-0016 Staff recommends motion to approve: an Interlocal Agreement with the Village of Palm Springs (Village) for the County to reimburse the Village one-half (1/2) of the engineering and construction costs of providing sanitary sewers on Elizabeth Street in the Plat of Lake Echo (Elizabeth Street). SUMMARY: This Interlocal Agreement provides for the County to reimburse the Village for one-half (1/2) of the engineering and construction costs for the sewer improvements completed on Elizabeth Street, in an amount not-to-exceed Ninety-Eight Thousand Seven Hundred and Ninety-Five Dollars ($98,795), provided Elizabeth Street is annexed by the Village. If the Village fails to annex Elizabeth Street by August 1, 2004, all payments made by the County will be reimbursed by the Village. Funding was approved for this project as part of the allocation of funds for the FY2004 CCRT projects. District 3 (AH)

3. Staff recommends motion to approve:

A) APPROVED criteria changes to the Development Regions Grant Program (Round VIII) for FY 2004;

B) APPROVED criteria for a year-round Impact Fee Assistance Program totaling $50,000 under the Development Regions budget; and

C) APPROVED the revised Development Regions map based on 2000 U.S. Census.

SUMMARY: On December 4, 2003, the Overall Economic Development Program (OEDP) Committee approved staff and OEDP Subcommittee recommendations for the Development Regions Grant criteria, an Impact Fee Assistance Program with an initial funding totaling $50,000 from the annual Development Regions budget to be replenished to that level at the beginning of each subsequent year; and the updated Development Regions map based on 2000 U.S. Census poverty rate information. Countywide (DW)

7 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION (Cont’d)

4. APPROVED R-2004-0017 THROUGH R-2004-0038 Staff recommends motion to receive and file: twenty-three (23) original contracts/agreements/grants for the Department of Airports:

North County General Aviation Airport Hangar Lease Agreement Signed by Dated A) Hangar No. 11220-1 COLA-DA, LLC December 1, 2003 B) Hangar No. 11200-1 Theodore T. Osinski January 1, 2004 C) Hangar No. 11750-2 Oceans Helicopters, Inc. December 4, 2003 D) Hangar No. 11750-4 Oceans Helicopters, Inc. December 4, 2003 E) Hangar No. 11730-17 So. Fla. Aircraft Sales, Inc. December 10, 2003 F) Hangar No. 11230-5 J. Michael Adelberg, M.D. November 1, 2003 G) Hangar No. 11240-7 Jim Woodside September 1, 2003 H) Hangar No. 11730-19 H. Hewitt Brown December13, 2003 I) Hangar No. 11220-12 Charles R. Modica November 1, 2003 J) Hangar No. 11300-10 David Colston May 10, 2003 K) Hangar No. 11220-9 Advanced Medical Support, Inc. November 1, 2003 L) Hangar No.11210-2 Gary A. Sanders January 1, 2004 M) Hangar No. 11210-9 Charles W. Schooley January 1, 2004 N) Hangar No. 11230-1 Dieter Knoppke November 1, 2003 O) Hangar No. 11240-4 William Penza November 1, 2003 P) Hangar No. 11210-4 Dave White Chevrolet, Inc. January 1, 2004 Q) Hangar No. 11210-5 Charles S. Wolf January 1, 2004 R) Hangar No. 11200-3 Harold B. Walter January 1, 2004 S) Hangar No. 11350-1 Dr. Ben R. Thebaut May 1, 2003 T) Hangar No. 11200-5 Jaffe Development, Inc. January 1, 2004 U) Hangar No. 11200-8 Robert K. Brumwell January 1, 2004 V) Hangar No. 11730-13 David J. Jenkins November 21, 2003

Palm Beach County Glades Airport Hangar Lease Agreement Signed by Dated W) Hangar No. 3 Glades Aero, Inc. August 1, 2003

5. APPROVED R-2004-0039 Staff recommends motion to receive and file: Ordinance No. 2003-36 of the City of Greenacres, Florida, annexing one (1) parcel of land totaling approximately 5 acres, located on the south side of Melaleuca Lane, approximately 1,000 feet West of , as requested by the petitioner, Marion Cate Stomski (Owner), providing for redefining the boundary of the City of Greenacres to include the subject property in the City’s official boundary map; providing for repeal of conflicting ordinances; providing for severability and providing for an effective date.

8 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION (Cont’d)

6. Staff recommends motion to receive and file: The following annexation ordinances for the City of Greenacres.

A) APPROVED Ordinance No. 2002-13 adopted by the City Council of the City of Greenacres, Florida, annexing one parcel of land totaling approximately 2.25 acres (Bright Beginnings Dayschool), located at 3486 Jog Road, as requested by Robert Kuoppala, agent for the owners, James and Sherri Bosley; providing for redefining the boundary lines of the City of Greenacres to include the subject property in the City’s official boundary map; providing for repeal of conflicting ordinances; providing for severability and providing for an effective date.

B) APPROVED Ordinance No. 2003-39 adopted by the City Council of the City of Greenacres, Florida, annexing and approximately 9-foot wide hiatus to be included as part of the previously annexed Bright Beginnings property located at 3486 Jog Road, as requested by the owners, James and Sherri Bosley; providing for redefining the boundary lines of the City of Greenacres to include the subject property in the City’s official boundary map; providing for repeal of conflicting ordinances; providing for severability and providing for an effective date.

7. APPROVED Staff recommends motion to receive and file: Ordinance No. 681 of the Village Council of the Village of Royal Palm Beach, Florida annexing one parcel of real property comprising a total of 4.52 + acres, more or less, located approximately 4,600 feet south of State Road 90 and east of State Road 7, informally known as the “Wasser Property”, and is more particularly described herein; the parcel is hereby annexed pursuant to the petition for voluntary annexation No. 03-09l declaring that the voluntary annexation petition bears the signature of the owner of the real property annexed hereby; directing the Village Manager to do all things necessary to effectuate this annexation; directing the Village Clerk to file a copy of this Ordinance with the Clerk of the Circuit Court in Palm Beach County, the Chief Administrative Officer of Palm Beach County, and the Department of State within seven (7) days after adoption in accordance with Section 171.044, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes.

8. APPROVED Staff recommends motion to receive and file: Two (2) Amendments to Agreement for the Department of Housing and Community Development.

A) APPROVED R-2004-0040 Amendment No. 1 to Agreement with C.S. Sedco, Inc. (R2002-1177) to provide $125,000 of CDBG funds for an addition to their existing facility located at 233 S. W. 16th Street in Belle Glade; and

B) APPROVED R-2004-0041 Amendment No. 1 to Agreement with Boys and Girls Club of Palm Beach County (R2002- 0961) to provide $80,000 of CDBG funds for the purchase of equipment for use at the agency’s program in Belle Glade.

9 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION (Cont’d)

9. APPROVED Staff recommends motion to receive and file: Two (2) executed Standard Development Agreements and two (2) Standard Development Agreement Renewals for the Water Utilities Department.

Standard Development Agreements

A) APPROVED R-2004-0042 Lantana Farm Consultants, Inc. and Lantana Farm Assoc., Inc. 02-01079-000

B) APPROVED R-2004-0043 Lantana Farm Assoc., Inc. 02-01080-000

Standard Development Renewal Agreements

C) APPROVED R-2004-0044 Magna Oil, LLC 02-00237-R01

D) APPROVED R-2004-0045 Boca Glades Baptist Church 09-00601-R00

B. CLERK

1. APPROVED Staff recommends motion to approve: Warrant List.

2. Staff recommends motion to approve: Minutes - None

3. APPROVED R-2004-0046 THROUGH R-2004-0047 Staff recommends motion to approve: Contracts and claims settlements list.

4. APPROVED Staff recommends motion to approve: Destruction of Board of County Commissioners records (1981 - 1996) which have met the revised required State retention schedule. SUMMARY: These records have met the required retention schedule of the Florida Division of Library and Information Services. (Ch 28.30, Ch 257.36(6)). The list has been reviewed by the Board’s Internal Auditor, OFMB, Finance and the County Attorney. Countywide

5. APPROVED Staff recommends motion to review for sufficiency and to receive and file: Report of County Officials Bonds for the Board’s examination as to the sufficiency of the sureties, dated January, 2004. SUMMARY: Ordinance No. 98-51 sets the various bond amounts for specified county officers and provides for examination of the sufficiency of all the bonds at the regular meeting of the Board of County Commissioners, in January and June of each year. Countywide

6. APPROVED R-2004-0048 Staff recommends motion to receive and file: Change orders, work task orders, minor contracts, and final payments approved by the Contract Review Committee and by the department heads for the Engineering; Facilities Development and Operations; Water Utilities; and Environmental Resources Departments; and the Department of Airports during the month of October, 2003.

10 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS

1. DELETED

2. Staff recommends motion to approve:

A) APPROVED Budget Transfer of $153,513 in the Transportation Improvement Fund from Reserves – Road Program Sweeps to the Belvedere Road Outfall project;

B) APPROVED Budget Amendment of $32,999 in the Transportation Improvement Fund to recognize additional municipal participation by the Town of Haverhill in the Briarwood Subdivision Storm Sewer project; and

C) APPROVED R-2004-0049 an $807,302 Contract with B & B Underground Contractors, Inc., the lowest responsive, responsible bidder, for the construction of the Belvedere Road Outfall Improvements. SUMMARY: The Contract consists of all work necessary to pipe an existing County ditch and upgrade a portion of the Briarwood Subdivision Storm Sewer system. The Office of Small Business Assistance (SBA) goals are set at 15% overall. B & B Underground Contractors, Inc., has achieved a goal of 20% overall. District 6 (MRE)

3. APPROVED R-2004-0050 Staff recommends motion to approve: an Agreement for Purchase and Sale with Rodney O. Kemple, Individually and as Personal Representative of the Estate of Fritz C. Kemple, Sr., deceased, for a parcel of land required for the construction of improvements to Old Dixie Highway from Park Avenue to Northlake Boulevard (Project). SUMMARY: This action approves an Agreement for Purchase and Sale for the acquisition of a parcel of land, at the negotiated cost of $12,900, that is required for the construction of improvements for the Project. Districts 1 & 7 (PK)

4. DELETED

5. APPROVED Staff recommends motion to approve: The counter-offer Payment of $95,890 to Mrs. Jessica Esposito, the owner of Parcel 1B, which is a whole take acquisition required for the improvements on Seminole Pratt Whitney Road, from south of Okeechobee Boulevard to north of Sycamore Drive. SUMMARY: Mrs. Jessica Esposito, the property owner of Parcel 1B, will not accept the appraised value of $69,000. She now has made a counter-offer of $95,890, a difference of $26,890. This counter-offer is inclusive of attorney and appraiser fees. After reviewing the background of the two (2) appraisals with staff, the Right-of-Way Acquisition Committee recommends approval of this counter-offer. This parcel is required as a water retention area needed for the future improvements to be constructed on Seminole Pratt Whitney Road, from south of Okeechobee Boulevard to north of Sycamore Drive. District 6 (PK)

6. Staff recommends motion to approve:

A) APPROVED R-2004-0051 a Financial Assistance Agreement in the amount of $206,000, with the City of Delray Beach (City), for construction of road improvements to Southwest 9th and 8th Streets, Southwest 5th, 6th, and 7th Avenues, and Southwest 9th Court, within the City’s southwest area; and

B) APPROVED Budget Transfer of $206,000 in the Transportation Improvement Fund from Reserve for District 7 to City of Delray Beach Southwest Area Improvements II – District 7.

SUMMARY: This Agreement and Budget Transfer provide funding up to $206,000 to the City for construction of street improvements as part of the City of Delray Beach Southwest Area Improvement Project. District 7 (MRE)

11 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

7. DELETED7 Staff recommends motion to approve: Budget Transfer of $110,900 in the Transportation Improvement Fund from Reserve for District 5 to Loggers Run Park Pathway – District 5 ($40,000) and Loggers Run Park Turn Lane – District 5 ($70,900). SUMMARY: This Budget Transfer will fund the construction of a pathway along Palmetto Park Road from Ponderosa Drive to the entrance of Loggers Run Park and a right turn lane along Palmetto Park road into the entrance of Loggers Run Park. District 5 (MRE)

8. APPROVED R-2004-0052 Staff recommends motion to approve: a Reimbursement Agreement in the amount of $39,150.68 related to drainage outfall construction that is associated with the Woolbright Road, Jog Road to Military Trail roadway construction project. SUMMARY: The Agreement will reimburse Herbert F. Kahlert and Iron City Sash & Door Company for proportional cost of drainage construction that they completed at the time of development of their parcels and prior to the County’s need for the outfall for the stormwater run-off from Woolbright Road construction project. District 5 (PK)

9. APPROVED Staff recommends motion to approve: Budget Amendment of $38,500 in the Transportation Improvement Fund to recognize a developer contribution for Engineering Review fees for the Lyons Road four lane project, from Boynton Beach Boulevard to Hypoluxo Road. SUMMARY: The Budget Amendment recognizes and appropriates Transportation Improvement Fund revenue received for design review and administrative costs of the project. The monies include reimbursement for anticipated staff costs, and the funding necessary to provide structural engineering services for reviewing the bridge over the Lake Worth Drainage District (LWDD) Boynton Beach Canal. Districts 3 & 5 (MRE)

10. APPROVED R-2004-0053 Staff recommends motion to approve: a Project Agreement in the amount of $269,762.77 with Metric Engineering, Inc. (MEI) to provide professional design services for Silver Beach Road, east of Congress Avenue to Old Dixie Highway (Project). SUMMARY: This Agreement will provide the necessary professional services required to prepare design plans, construction bid documents, and related documents for highway matters. Palm Beach County’s annual goal for Small Business Enterprise (SBE) and/or Minority/Women Business Enterprise (M/WBE) participation is 15.0%. The M/WBE participation achieved for this Agreement is 31.5%, comprised of 19.5% Black (Brown & Phillips, Inc.), 8.1% Women (Southern Resource Mapping of , Inc., 4.1% Lotspeich & Associates, Inc., 4.0%), and 3.9% Hispanic (Tierra, Inc.). Districts 1 & 7 (PK)

11. APPROVED R-2004-0054 Staff recommends motion to approve: Supplement No. 6 in the amount of $123,698.78 with K-F Group, Inc. (KFG) to provide design, survey and environmental services for Persimmon Boulevard, from East End Connection to Okeechobee Boulevard (Project). SUMMARY: This Supplement will provide the necessary services for preparing design alternatives for the Project. The Small Business Enterprise (SBE) and/or Minority/Women Business Enterprise (M/WBE) participation achieved for the Project is 64.8% SBE (K-F Group, Inc.) and 13.6% Black (Brown & Phillips, Inc.). District 6 (PK)

12. DELETED

13. APPROVED R-2004-0055 Staff recommends motion to approve: Change Order No. 11 for a credit amount of $155,316.95 to Contract No. R2001-1569 with J.W. Cheatham, Inc. for construction of Lantana Road from SR-7 to Florida’s Turnpike and Lyons Road south of Lantana Road to 1,400 feet north of Lantana Road. SUMMARY: Change Order No. 11 is for 2,361 cubic yards of additional embankment in lieu of gravity wall resulting in cost savings of $155,316.95. Districts 2 & 3 (ME)

12 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

14. APPROVED Staff recommends motion to approve: Renewal and Amendment of Appraiser Agreements with nine (9) appraisal firms:

A) APPROVED R-2004-0056 Ames Appraisal Services (R2003-0013)

B) APPROVED R-2004-0057 Anderson & Carr, Inc. (R2003-0014)

C) APPROVED R-2004-0058 Appraisal and Acquisition Consultants, Inc. (R-2003-0015)

D) APPROVED R-2004-0059 Callaway and Price, Inc. (R2003-0016)

E) APPROVED R-2004-0060 M. R. Ford & Associates, Inc. (R-2003-0017)

F) APPROVED R-2004-0061 S. F. Holden, Inc. (R2003-0018)

G) APPROVED R-2004-0062 Jenkins Appraisal services, Inc. (R2003-0020)

H)1 APPROVED R-2004-0063 Johnson, Parrish 7 Edwards, Inc (R2003-0020)

I) APPROVED R-2004-0064 Lawson Valuation Group, Inc. (R2003-0021)

SUMMARY: This action approves Renewal and Amendment of Appraisal Agreements with nine firms to provide appraisal services to Palm Beach County for right-of-way acquisition purposes. Countywide (PFK)

15. APPROVED R-2004-0065 Staff recommends motion to approve: Change Order No. 3 in the amount of $264,422 to Contract No. R2003-0849 with J.W. Cheatham, Inc. for construction of Jog Road south of Roebuck Road to east of Haverhill Road. SUMMARY: Change Order No. 3 is for nighttime lane closures of the Florida Turnpike for construction of the Roebuck Road bridge over the Florida Turnpike, in the amount of $264,422. District 2 (ME)

16. APPROVED R-2004-0066 Staff recommends motion to approve: Change Order No. 2 in the amount of $111,199.04, together with a 15-day time extension to Contract No. R2003-0145 with Hardrives, Inc., for construction of Clint Moore Road from SR-7 to Jog Road. SUMMARY: Change Order No. 2 is for the deletion and addition of various drainage items necessary to provide the required roadway drainage, together with a 15-day time extension. The contractor, Hardrives, Inc., has proposed to complete these revisions in the amount of $111,199.04. Districts 4 & 5 (ME)

17. DELETED

18. APPROVED Staff recommends motion to approve: Acceptance of Chickasaw Road (Chickasaw Circle to Jog Road) for Courtesy Maintenance upon completion of the required reconstruction and improvements to the road. SUMMARY: This item will provide assurance to the developers of Macy Estates that Palm Beach County (County) will accept Chickasaw Road for maintenance once the required road improvements are constructed by the developer. District 2 (ME)

13 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

19. APPROVED R-2004-0067 Staff recommends motion to approve: Change Order No. 17 in the amount of $31,787.01, together with a 3-day time extension to Contract No. R2001-1567 with Ric-Man International, Inc., for construction of Hagen Ranch Road from West Atlantic Avenue to Boynton Beach Boulevard. SUMMARY: A) Change Order No. 17, Part A, in the amount of $48,746.01, is to remove median curbs and construct left turn lanes for commercial businesses and schools at various locations necessary to ensure compliance with Florida Department of Transportation’s Standards; and B) Change Order No. 17, Part B, in the credit amount of $16,959 is for deletions associated with the lake excavation and related work at M.I. Homes, Lake 1-A. District 5 (ME)

20. APPROVED R-2004-0068 Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2002-0868) with the Town of Jupiter on behalf of North Palm Beach Heights, for an extension of the completion date for the installation of beautification improvements, including landscaping and irrigation on the County’s Donald Ross Road from Heights Boulevard west and extending north along the Northbound I-95 on-ramp. SUMMARY: The original Agreement provides funding to reimburse the Town of Jupiter (Town) up to 49% of the costs of the beautification improvements, in an amount not-to-exceed a maximum of $48,135, for the installation of beautification improvements on the County’s Donald Ross Road from Heights Boulevard west and extending north along the Northbound I-95 on-ramp. This Amendment between the Town and County will extend the completion date from June 30, 2003 to June 30, 2005, due to the coordination of several funding sources to implement the improvements. District 1 (ME)

21. APPROVED R-2004-0069 Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2002-0867) with the Town of Jupiter, for an extension of the completion date for improvements in the State’s right-of-way for I-95 adjacent to the County’s Heights Boulevard from the intersection of Heights Boulevard and Donald Ross Road, west and north to the extension of Fleming Street. SUMMARY: The original Agreement provides funding to reimburse the Town of Jupiter (Town) for the costs of the beautification improvements, in an amount not-to-exceed a maximum of $75,000, for the installation of improvements in the State’s right-of-way for I-95 adjacent to the County’s Heights Boulevard from the intersection of Heights Boulevard and Donald Ross Road, west and north to the extension of Fleming Street. Funding comes from the District 1 Gas Tax Reserves. The Town will be responsible for the perpetual maintenance of the improvements. This Amendment between the Town and County will extend the completion date from June 30, 2003 to June 30, 2005, due to the coordination of several funding sources to implement the improvements. District 1 (ME)

22. Staff recommends motion to:

A) REVISED TITLE: APPROVED approve a Joint Participation Agreement (JPA) with the State of Florida Department of Transportation (FDOT) concerning the design, right-of-way acquisition, and construction of W. Atlantic Avenue (S.R.806) from east of Florida’s Turnpike to west of Lyons Road; and

B) APPROVED R-2004-0070 adopt a Resolution authorizing the JPA.

SUMMARY: Through this Agreement, FDOT will make available funds not-to-exceed $2,000,000 for the design, right-of-way acquisition, and construction of W. Atlantic Avenue as a four-lane divided roadway from west of Lyons Road to east of Florida’s Turnpike. District 5 (MRE)

14 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

23. Staff recommends motion to approve:

A) APPROVED Budget Transfer of $3,711,000 in the Transportation Improvement Fund from Reserves – Road Program Sweeps to Boynton Beach Boulevard from S.R. 7 to Acme Dairy Road (Project);

B) APPROVED R-2004-0071 a $6,686,314.45 Contract with J. W. Cheatham, Inc. (JWCI), the lowest responsive, responsible bidder, for the construction of the Project;

C) APPROVED R-2004-0072 Assignment of the Construction Contract (including administration) to the developer, G.L. Homes, hereby known for this Project as Boynton Beach Boulevard LLC; and

D) APPROVED Budget Transfer of $3,711,000 in the Transportation Improvement Fund from the Project to Reserves – Road Program Sweeps. SUMMARY: A number of development projects require this Project to be constructed to meet the requirements of Traffic Performance Standards (TPS). On December 18, 2001, the Board of County Commissioners adopted Resolution Numbers R2001-2155 & R2001-2156 which: a) approved a County Incentive Grant Program (CIGP) Agreement with the Florida Department of Transportation (FDOT), providing a 50% funding grant for the Project capped at $4,700,000; b) approved an Agreement with G.L. Homes for designing and constructing the Project, and to complete the funding for the remaining portion not covered by the CIGP; and c) approved a Budget Amendment of $4,700,000 in the Transportation Improvement Fund to recognize the CIGP monies. The Contract consists of all work necessary to construct the Project. JWCI has indicated a total Small Business Enterprise (SBE) participation of 15.6% overall. JWCI has exceeded the overall goal requirement for this Project. District 5 (MRE)

24. Staff recommends motion to approve:

A) APPROVED R-2004-0073 a Financial Assistance Agreement with Keep Palm Beach County Beautiful, Inc. (KPBCB), to provide reimbursement funding, not-to-exceed $25,000 annually, for three (3) consecutive years (subject to budget) for a maximum of $75,000;

B) APPROVED Budget Transfer of $25,000 in the Capital Outlay Fund from Wallis Road Area Improvements to Keep Palm Beach County Beautiful - District 2; and

C) APPROVED Budget Transfer of $25,000 in the Transportation Improvement Fund from Reserve for District 2 to Wallis Road Area Improvements.

SUMMARY: This item provides funding of $25,000 annually, for three (3) consecutive years, for a maximum total of $75,000. Funding for the next two (2) years will be subject to budget. These efforts will serve a public purpose by promoting, facilitating, and reviewing beautification grants for the purpose of enhancing thoroughfare roadways throughout Palm Beach County. Funding comes from Ad Valorem, but supported by Gas Tax Reserves. Countywide (ME)

25. APPROVED R-2004-0074 Staff recommends motion to approve: Supplemental Agreement No. 7 for $253,925.39 with Greenhorne & O’Mara, Inc. (GOI) for Okeechobee Boulevard from west of State Road 7 to east of Florida’s Turnpike (Project. SUMMARY: This supplemental Agreement will provide the processional services required to complete a State Environmental Impact Report (SEIR) for the Project. Districts 2 & 6 (PK)

15 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

C. ENGINEERING & PUBLIC WORKS (Cont’d)

26. Staff recommends motion to approve: Agreements with:

A) APPROVED R-2004-0075 Crossroads Engineering & Surveying, Inc. (CES); and

B) APPROVED R-2004-0076 Techno Engineering, Inc. (TEI)

to provide professional services for Street Lighting Systems and Related Inspections on a task order basis, for Countywide projects, as required.

SUMMARY: These Agreements will provide the necessary professional services required for the design of Street Lighting Systems and Related Inspections throughout the County for all user departments and for various projects. At the option of the County, these Agreements will be renewed annually for a period of one (1) year, with a maximum of two (2) renewals. Countywide (PK)

D. COUNTY ATTORNEY

1. APPROVED R-2004-0077 Staff recommends motion to approve: the Appointment of Successor Credit Facility Trustee, appointing U.S. Bank, N.A. as successor Credit Facility Trustee for the $7,650,000 Palm Beach County, Florida, Variable Rate Demand Industrial Development Revenue Bonds Series 1996 (Palm Beach Bedding Company Project) (the "Bonds"). SUMMARY: Branch Banking and Trust Company, a North Carolina banking corporation ("BB&T") has submitted its resignation as the Credit Facility Trustee for the Bonds as allowed under Section 10.16 of the Trust Indenture dated as of April 1, 1996 (the "Trust Indenture"). Pursuant to Section 10.16 of the Trust Indenture, Palm Beach County, as issuer of the Bonds, appoints the successor Credit Facility Trustee. The parties to the Bonds have requested that U.S. Bank, N.A. ("U.S. Bank") be appointed as the successor Credit Facility Trustee for the Bonds, and U.S. Bank has agreed to accept such appointment. The appointment of U.S. Bank as successor Credit Facility Trustee requires formal action by the Board’s approval of the attached Appointment of Successor Credit Facility Trustee. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. District 1 (PFK)

16 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

E. COMMUNITY SERVICES

1. APPROVED Staff recommends motion to approve: Four (4) amendments to Ryan White Comprehensive AIDS Resources Emergency Act contracts for the period March 1, 2003 through February 29, 2004:

A) APPROVED R-2004-0078 Amendment No. 1 to Contract (R2003-0603; dated May 6, 2003) with Gratitude Guild, Inc. to decrease funding for Transitional Housing by $36,544 for a new not-to-exceed total contract amount of $53,648;

B) APPROVED R-2004-0079 Amendment No.1 to Contract (R2003-0602; dated May 6, 2003) with Compass, Inc. to increase funding for Case Management by $16,897, Transportation by $3,174 and Mental Health Counseling/Therapy by $7,751 for a new not-to-exceed total contract amount of $219,856;

C) APPROVED R-2004-0080 Amendment No.2 to Contract (R2003-0606; dated May 6, 2003) with Health Council, Inc. to increase funding for Speciality Medical Outpatient by $100,455 for a new not- to-exceed total contract amount of $443,955; and

D) APPROVED R-2004-0081 Amendment No.1 to Contract(R2003-605; dated May 6, 2003) with Treasure Coast Health Council, Inc. to decrease funding for CARE Support by $63,911 for a new not-to-exceed total contract amount of $880,076. SUMMARY: Ryan White C.A.R.E. Act service dollars are reviewed throughout the contract year and are reassigned to best meet the needs of the affected clients. Accordingly, funds from Gratitude Guild, Inc. Transitional Housing ($36,544) and the Treasure Coast Health Council CARE Council Support ($63,911) will be allocated to Treasure Coast Health Council Medical Outpatient. Compass, Inc. will receive an increase of $27,822 from Grantee Administration for Case Management, Transportation and Mental Health Counseling/Therapy. Funding is received from the U.S. Department of Health and Human Services under the Ryan White C.A.R.E. Act. No County funds are required. (Ryan White) Countywide (TKF)

2. APPROVED Staff recommends motion to approve: Contracts totaling $365,072 for the Financially Assisted Agency (FAA) Program with the following non-profit agencies, in the amounts and for the services indicated for the period October 1, 2003 through September 30, 2004:

A) APPROVED R-2004-0082 Coalition for Independent Living Options, Inc. - $207,932 for independent living skills training, advocacy, information and referral and peer support services to individuals with disabilities and to provide after-school services to disabled adolescents;

B) APPROVED R-2004-0083 The Center for Family Services - $15,000 for Traveler’s Aid, a resource that assists individuals stranded in Palm Beach County in returning home through transportation vouchers and also food and/or clothing if necessary; and

C) APPROVED R-2004-0084 Haitian American Community Council, Inc. - $142,140 for immigration case management services. SUMMARY: On August 19, 2003, the Board of County Commissioners approved the list of agencies and funding allocations under the Financially Assisted Agency Program process. In addition to the regular FAA funds ($7,832,759), the Board approved an additional $2.6 million dollars to qualified agencies. The total approved funding for FY 2003 - 2004 is $10,432,759. The information submitted in this item reflects part of the total funds approved by the Board of County Commissioners for the 2003 - 2004 fiscal year. Other contracts will be forthcoming upon receipt of all the required information. (Financially Assisted Agency Program) Countywide (TKF)

17 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

E. COMMUNITY SERVICES (Cont’d)

3. APPROVED Staff recommends motion to approve: Two (2) amendments to Ryan White Comprehensive AIDS Resources Emergency Act contracts for the period March 1, 2003 through February 29, 2004:

A) APPROVED R-2004-0085 Amendment No. 3 to the Contract with Comprehensive AIDS Program (CAP) of Palm Beach County, Inc. (R2003-0600; dated May 6, 2003) to increase funding by $81,346 for a total not- to-exceed amount of $3,958,064.69; and

B) APPROVED R-2004-0086 Amendment No. 1 to the Contract with The Children’s Place at Home Safe (R2003-0610; dated May 6, 2003) to decrease funding by $81,346 for a total not-to-exceed amount of $39,404.

SUMMARY: Ryan White C.A.R.E. Act service dollars are reviewed throughout the contract year and are reallocated to best meet the needs of the affected clients. Funding is received from the U.S. Department of Health and Human Services under the Ryan White C.A. R. E. Act. This amendment transfers funding from The Children’s Place at Home Safe in the area of Housing to CAP in the area of Case Management, which is a higher priority in the HIV community. No County funds are required. (Ryan White Comprehensive AIDS Program) Countywide (TKF)

4. Staff recommends motion to:

A) APPROVED R-2004-0087 approve Amendment No. 001 to Master Agreement No. M003-1 (R2003-0036;dated January 7, 2003) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) to extend the expiration date to February 29, 2004;

B) APPROVED R-2004-0088 approve Standard Contract No. A004-1 with AAA providing for Federal funds of up to $1,894,435 for the period January 1, 2004 through December 31, 2004 for Older Americans Act (OAA) funding; and

C) APPROVED R-2004-0089 ratify the Chair’s signature on the Service Provider Application (SPA) with the AAA for Federal funds of $1,886,349 for the period January 1, 2004 through December 31, 2004 for OAA funding.

SUMMARY: To ensure that the current level of services are sustained, the Department of Elder Affairs (DOEA) has requested an extension to the Master Agreement due to a delay in getting a new Master Agreement to the grantor agency, AAA. The OAA Standard Contract No. A004-1 will provide primary services such as In-Home Services, Adult Day Care, Congregate Meals, Home Delivered Meals, Nutrition, and Outreach. This program is funded with $1,894,435 in Federal funds; $210,493 in County required funds; $994,658 in additional County funds; $274,783 in USDA Meal funds; and $123,000 in Program Income funds (Donations). The additional County funds are used for salaries and expenses not covered through the grant. The Service Provider Application will allow DOSS to provide the needed services to the elderly population. In the area south of Hypoluxo Road, Mae Volen Senior Center Inc., currently provides OAA services under a similar grant from the AAA. The County’s funding is included in the FY 2004 Budget. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)

18 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

F. AIRPORTS

1. APPROVED R-2004-0090 Staff recommends motion to approve: an Agreement to Terminate (“Amendment”) the Hangar Lease Agreement with Russel Steiner accommodating Mr. Steiner’s request to terminate his Hangar Lease Agreement for hangar No. 11750-18 at the North County General Aviation Airport. SUMMARY: The Amendment will allow Mr. Steiner to terminate his Hangar Lease Agreement for hangar No. 11750-18 effective November 14, 2003. Countywide (LMB)

2. APPROVED R-2004-0091 Staff recommends motion to approve: an Agreement to Purchase the following property at a total cost of $ 125,000. Said property is located West of Runway 9L at Palm Beach International Airport:

Stuart M. Ledis, L.L.C. 4958 Lynnwood Drive West Palm Beach, FL 33415 Parcel W – 234 Sales Price $125,000 Replacement Housing $ N/A

SUMMARY: The above property is being acquired in accordance with Palm Beach International Airport’s approved Part 150 Noise Compatibility Study, which recommended the acquisition of property. Countywide (AH)

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. APPROVED Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $67,381.50 for full satisfaction of a Code Enforcement Lien that was entered against Executive Square Associates, Ltd. on June 17, 1999. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on January 6, 1999 giving Executive Square Associates, Ltd. until May 6, 1999 to correct their cited code violations which involved building alterations and renovations without proper permits and inspections. The cited code violations were not fully corrected by May 6, 1996 and a fine of $100 per day was imposed. The CESM entered a claim of lien against Executive Square Associated, Ltd. on June 17, 1999. The cited violations were corrected as of January 9, 2003, the date all of the required building permits were issued. The accumulated fines, interest, and case costs through June 11, 2003, the date which settlement discussions began, totaled $169,403.15 ($134,400 + $34,821.65 + $181.50) of which Executive Square Associates, Ltd. has agreed to pay the County $67,381.50 (39.8%) for full settlement of their outstanding Code Enforcement Lien. District 5 (PM)

2. APPROVED Staff recommends motion to approve: Budget Amendment of $236,378 in the Capital Outlay Fund to increase Transfer from Housing and Community Development and Contributions to non-governmental agencies. SUMMARY: Countywide Community Revitalization projects are currently categorized in a designated accounting line for identification purposes. This amendment reclassifies funding from Housing and Community Development to a specific Countywide Community Revitalization project. Countywide

19 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS

1. APPROVED R-2004-0092 Staff recommends motion to approve: a Contract with Murray Logan Construction, Inc., in the amount of $129,000 to furnish and install new water sports boat docks at Phil Foster Park in Riviera Beach. SUMMARY: The work consists of furnishing and installing a new dinghy dock and ramp, including piling, and a new jet ski dock with piling, per plans designed by Bridge Design Engineering. This procurement is “piggybacking” on the existing annual contract between the Northern Palm Beach County Improvement District (NOO24.06) and Murray Logan Construction, Inc. The existing Northern Palm Beach County Improvement District contract has 0% M/WBE or SBE participation goals. This work will comply with all applicable local, state, and federal codes and regulations. (FD&O Admin) District 1 (JM)

2. APPROVED R-2004-0093 Staff recommends motion to approve: Amendment No. 1 to the Contract with Hedrick Brothers Construction Co., Inc. (R2003-0419) for construction management services for the Historic Palm Beach County Courthouse Restoration, establishing a Guaranteed Maximum Price (GMP) in the amount of $2,810,608 for Demolition services. SUMMARY: On March 11, 2003, the Board entered into a contract with Hedrick Brothers Construction Co., Inc., for construction management services for the Historic Palm Beach County Courthouse Restoration. Amendment No. 1 establishes a GMP for demolition of the 1970 wrap around structure and selective demolition/salvage of the 1916 courthouse, 1927 addition and 1955 addition. The duration for this Amendment is 200 days. During the demolition phase of the project, there is an evaluation period to confirm the condition of the building, existence of materials to be salvaged, as well as to confirm the project budget. A second GMP for the restoration portion of the project will be presented to the Board once the evaluation has been completed. The GMP includes the cost of the work and the construction manager’s fee associated with construction management. The M/WBE goal for this project is 15% Overall with 5% Black participation. This Amendment includes 66% Overall and 0% Black participation. (Capital Improvements Division) Countywide (JM)

3. APPROVED R-2004-0094 Staff recommends motion to approve: a Contract with GTE Builders for the construction of the South County Regional Park Tennis Center in the amount of $435,757. SUMMARY: This contract provides for the construction of a 2,200 square feet Tennis Pro Shop building with associated paving, landscaping, irrigation and fencing to be located in the South County Regional Park, west of Boca Raton. This facility will meet all applicable codes, laws and ordinances, including the accessibility requirement of ADA. The SBE goal for this project is 15%. GTE Builders bid includes participation of 17.06%. The contract time for this project is 200 calendar days. (Capital Improvements Division) District 5 (JM)

4. APPROVED R-2004-0095 Staff recommends motion to approve: an Agreement with Bethesda Memorial Hospital allowing for interoperable communications through the countywide and EMS common groups of the County’s 800 MHz Radio System. SUMMARY: This agreement provides the conditions under which Bethesda Hospital can program into its radios and utilize the countywide and EMS common talk groups for certain types of inter-agency communications. The County’s system will not be utilized for routine operational communications by Bethesda. The terms of the agreement are standard and have been offered to other hospitals and EMS providers with 800 MHz trunked radio capabilities. This agreement also contains state approved standard operating procedures specific to the use of the EMS common talk groups. There are no charges associated with this agreement. Bethesda 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 three (3) years with three (3), three (3) year renewals. The Agreement may be terminated by either party, with or without cause. (Electronic Services & Security) Countywide (ND)

20 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

5. APPROVED R-2004-0096 Staff recommends motion to approve: an Agreement with the City of Riviera Beach allowing for the temporary direct access to the County’s 800 MHz System. SUMMARY: This agreement provides temporary access onto the County’s 800 MHz System for the City of Riviera Beach. The agreement requires the annual payment of operating and maintenance fees during the temporary connect period which extend until February 21, 2008. At any time during the temporary period, the City may opt to pay the County the one-time access charge of $2,089/unit and pay the $211.42/unit annual replacement and renewal charge (retroactive to the date of temporary connection) at which time the units will be considered permanently connected. This type of temporary access agreement was originally offered to the municipalities in December 2000. (FDO Admin) District 1/7 (ND)

6. Staff recommends motion to:

A) ADOPTED R-2004-0097 adopt a Resolution authorizing the conveyance of the County’s interest in three (3) properties, totaling 0.42 acres of vacant land, to the City of Boynton Beach without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and

B) APPROVED approve three (3) County Deeds in favor of the City of Boynton Beach.

SUMMARY: The City of Boynton Beach has requested the conveyance of three (3) parcels of surplus County property located within their jurisdiction which the County acquired by tax deeds within the past year. The total assessed value of these properties is $25,639 and contains 0.42 acres. Florida Statutes Section 197.592(3) states that under certain conditions the County is to convey to municipalities in which they are located, properties acquired by the County for delinquent taxes. The subject properties have been declared surplus as they serve no present or future County purpose. Staff believes that these properties will be more appropriately developed, managed and maintained by the City of Boynton Beach. The conveyance of surplus property to the municipality in which it is located is a major element of PREM’s disposition program adopted by the Board upon the recommendation of the Real Estate Assets Task Force. This conveyance will relieve the County of potential liability for occurrences on the property and also the cost of continued maintenance. The County will retain mineral and petroleum rights in accordance with Florida Statutes Section 270.11, without rights of entry and exploration. (PREM) District 7 (HJF)

7. APPROVED R-2004-0098 Staff recommends motion to approve: an Eighth Amendment to Tower Site Lease and Joint Use Agreement with AT&T Wireless Services. SUMMARY: The County, AT&T and the City of Boynton Beach co-locate on the AT&T Wireless Services tower in Boynton Beach, pursuant to a Tower Site Lease and Joint Use Agreement dated July 16, 1996, between AT&T, the City and County (R96-972D). The City of Boynton Beach desires to replace and relocate an existing antenna to improve coverage. Accordingly, it is necessary to modify and replace the Antenna Tower Schematics, Exhibit “G” to the Tower Site Lease. This Amendment will not interfere with the County’s system, or require any funding by the County. (PREM) District 7 (HJF)

8. APPROVED R-2004-0099 Staff recommends motion approve: Amendment No. 1 to Agreement for Purchase and Sale (R2003-1583) with House of Worship LLC. SUMMARY: On September 23, 2003, the County entered into an Agreement for Purchase and Sale for the Temple Judea property located at 100 Chillingworth Drive near Congress Avenue for relocation of the Gaines Head Start facility. This Amendment to the Agreement for Purchase and Sale is to allow the Seller, House of Worship LLC, to pursue a Tax Deferred Exchange pursuant to Section 1031 of the Internal Revenue Code whereby the Seller may assign the Agreement to an intermediary. The Assignment will not alter or release the Seller from its obligations under the original Agreement. (PREM) District 7 (HJF)

21 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

9. Staff recommends motion to:

A) APPROVED R-2004-0100 approve a Water Agreement for Water Service Outside the City Limits and Covenant for Annexation with the City of Boynton Beach, and

B) AUTHORIZED authorize the Chair to execute an Irrevocable Special Power of Attorney granting the City the right to initiate, maintain, and complete a voluntary petition for annexation.

SUMMARY: The County purchased a 700 sf single family residence for use by San Castle Leadership Group as a Community Center. The Agreement for Water Service Outside the City Limits and Covenant for Annexation (Governmental Entities) is a requirement of the City of Boynton Beach Utilities Department to provide adequate water facilities and services to the Community Center. This type of agreement is standard for new service, and the form of agreement has been reviewed and approved by the County Attorney’s Office. The Agreement contains language whereby the County agrees to voluntary annexation into the City, if and when annexation is ever initiated by the City. The Irrevocable Power of Attorney implements this provision. (PREM) District 7 (HJF)

10. APPROVED Staff recommends motion to approve: the Projects and related Project Budgets for public artworks to be funded through the Recreational and Cultural Bond Issue. SUMMARY: In November 2002, the voters of Palm Beach County approved the passage of the Recreational and Cultural Bond Issue of which Commissioners Roberts/Koons identified One Million ($1,000,000) Dollars for public art projects to be sited throughout Palm Beach County. At the Committee for Public Art meetings in January - March 2003 the Committee discussed criteria development for public art projects funded by the Bond. The key siting criteria were high visibility to foster an interest in public art projects, diversity in medium and type of artwork and geographic equity. In April and May, the Committee toured more than 20 sites in the north, south, central and western sectors of the County and discussed potential public art projects at each of the sites. In October 2003, the Committee considered five (5) categories of public art projects and by unanimous consent recommended eight (8) public art projects and associated project budgets which are identified in the background and justification. (FDO Admin) Countywide (JM)

11. APPROVED R-2004-0101 Staff recommends motion to approve: Amendment No. 5 To Use Agreement (R93-75D) with the Water Management District (SFWMD). SUMMARY: The SFWMD has requested a 5-year extension to the term of an existing Use Agreement which currently expires on January 12, 2004. This Use Agreement has been in place since 1992 and allows SFWMD continuous operation and maintenance of a District-owned Floridan aquifer tri-zone monitoring well adjacent to Lake Lytal Park on property leased to the Science Museum. The Science Museum has indicated they have no objection to extension of the Use Agreement. The SFWMD Board approved Amendment No. 5 To Use Agreement at their December 11, 2003 meeting. There are no County costs associated with this Amendment. (PREM) District 2 (HJF)

22 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

I. HOUSING & COMMUNITY DEVELOPMENT

1. APPROVED Staff recommends motion to approve: Two (2) agreements totaling $34,000 in Emergency Shelter Grant (ESG) funds with the following agencies in the amounts indicated, for the period October 1, 2003, to September 30, 2004:

A) APPROVED R-2004-0102 The Salvation Army - $19,000; and

B) APPROVED R-2004-0103 Center for Family Services of Palm Beach County, Inc. - $15,000

SUMMARY: Palm Beach County received a total of $245,000 in Emergency Shelter Grant (ESG) funds for FY 2003-04 to assist the homeless and those at risk of homelessness countywide. Specifically, these funds should be used for the operations and maintenance of emergency shelters and transitional housing, essential services to the homeless, and homeless prevention activities. ESG funds will be used by the Salvation Army for the operation of an emergency shelter/transitional housing facility known as the Center of Hope, located at 1577 North Military Trail, West Palm Beach. The Center for Family Services of PBC, Inc. will utilize the ESG funds for the operation of the Pat Reeves Emergency Shelter for homeless families with children located at 1320 Henrietta Avenue, West Palm Beach. Both contracts were not received back from the subrecipients in time for presentation to the BCC with the other ESG contracts. The Agreements utilize Federal funds, and the required match will be met by the agency. No match from County General Fund is required. Countywide (TKF)

K. WATER UTILITIES

1. APPROVED R-2004-0104 THROUGH R-2004-105 Staff recommends motion to approve: Potable Water and Wastewater Development Agreements with Greyhawk, a Florida joint venture, and Slabbage Group, L.L., Inc. SUMMARY: Greyhawk and Slabbage Group own adjoining properties at the southeast intersection of Lyons and Lantana Roads. While these properties have existing potable water and wastewater Standard Development Agreements (02-01010-000 and 05-01036-000, respectively), updated agreements are now needed to provide reimbursement for more stringent groundwater de-watering requirements in the vicinity of the Lantana Landfill, and also to address the Department’s need for oversized off-site water and wastewater pipeline improvements. Special precautions must be taken during the construction de-watering process to ensure that groundwater beneath the landfill does not migrate offsite. With the smaller 8-inch waterline previously required to serve these two developments, this would not have resulted in additional expense. However, a 42-inch water main is needed to meet Departmental system-wide needs, therefore requiring a much deeper excavation and more de-watering. The Department’s Uniform Policies and Procedures Manual (UPAP) contains standard provisions for credit/cash reimbursement for oversized pipeline facilities; however, the UPAP does not specifically address the unique environmental conditions which are specific to this location. Staff recommends providing cash reimbursements of $66,400 to Greyhawk and $50,000 to the Slabbage Group to cover the additional de-watering costs. All other oversizing credit/cash provisions in the Agreements are in strict accordance with the UPAP as previously adopted by the Board (R2003-539). District 3 (MJ)

23 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

2. APPROVED R-2004-0106 Staff recommends motion to approve: a Utility Easement Agreement with the School Board of Palm Beach County for temporary and permanent utility easements on the Woodlands Middle School site in the amount of $39,000. SUMMARY: This Utility Easement Agreement provides for the acquisition of a 15 foot wide by 1785 foot long permanent utility easement and a 10 foot wide by 1785 foot long temporary construction easement adjacent to Lyons Road, and within the Woodlands Middle School site, for construction of a 42” water main. The pipeline cannot be placed in the Lyons Road right-of-way due to special dewatering requirements related to the former Lantana Landfill. The $39,000 cost is based upon a certified appraisal. The Agreement also provides for the dedication of utility easements for the existing water and wastewater pipelines on the Woodlands Middle School site which were not previously granted to the County. District 2 (MJ & HF)

3. APPROVED R-2004-0107 Staff recommends motion to approve: Change Order No. 5 to the Contract with The Poole and Kent Company (R2002-1000) for the Water Treatment Plant No. 3 Phase II Expansion Project, increasing the contract price by $80,024 with no time extension. SUMMARY: Change Order No. 5 authorizes the contractor to perform miscellaneous civil, mechanical, electrical, instrumentation and control work necessary to accommodate conditions encountered in the field. This includes modifying and adding underground piping and fittings, revising an injection vault hatch, modifying the chemical containment structure walls, revising the plant control system and adding ductwork in the portable generator building totaling $135,820. A credit in the amount of $55,796 is included to modify the well transformer wiring, delete heat tape and insulation for the caustic and building storm drainage piping, modify the materials and sizes of various check valves and provide a revised emergency generator fuel system. Total change orders to date, including this change order and a previous sales tax recovery program change order, equal negative $15,373,843.21, decreasing the original contract price from $36,527,000 to $21,153,156.79 (42.1% decrease). The minority participation goal established by the Goal Setting Committee for this project is 12% overall (4.0%). This change order includes zero overall M/WBE participation. The contractor’s cumulative M/WBE participation, including this change order, is 18.53% overall (4.61% B, 6.77% H, and 7.15% W). (WUD Project No. 99-196) District 5 (JM)

4. APPROVED R-2004-0108 Staff recommends motion to approve: Work Authorization No. 15 to the Water Utilities Continuing Construction Contract (R2002-2086) with Foster Marine Contractors, Inc., for the construction of the Shawnee Road, Cherokee Court and Choctaw Road Water Main Extension in the amount of $123,900.58. SUMMARY: This Work Authorization provides for construction of water mains and service lines on Shawnee Road, Cherokee Court and Choctaw Road. Funding for the project is from a Community Development Block Grant (CDBG) made available through the Department of Housing and Community Development (HCD). The project is located within a Countywide Community Revitalization Team (CCRT) area. The contract with Foster Marine Contractors, Inc., provides for 8.00% M/WBE participation overall. This authorization includes 8.49% overall participation (3.37% B and 5.12% W). The cumulative M/WBE participation, including this authorization, is 8.48% overall (3.37% B and 5.11% W). (WUD Project No. 03-048) District 3 (MJ)

24 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

5. APPROVED R-2004-0109 Staff recommends motion to approve: Work Authorization No. 16 to the Water Utilities Continuing Construction Contract (R2002-2086) with Foster Marine Contractors, Inc., for the construction of the Norma Elaine Road Water Main Extension in the amount of $112,476.79. SUMMARY: This Work Authorization provides for construction of water mains and service lines on Norma Elaine Road. Funding for the project is from a Community Development Block Grant (CDBG) made available through the Department of Housing and Community Development (HCD). The project is located within a Countywide Community Revitalization Team (CCRT) area. The contract with Foster Marine Contractors, Inc., provides for 8.00% M/WBE participation overall. This authorization includes 8.49% overall participation (3.37% B and 5.12% W). The cumulative M/WBE participation, including this authorization, is 8.49% overall (3.38% B and 5.11% W). (WUD Project No. 03-049) District 2 (MJ)

6. APPROVED R-2004-0110 Staff recommends motion to approve: Change Order No. 4 to the Contract with Southeast Drilling Services, Incorporated (R2001-2036) for the System-Wide Wellfield Expansion Project, increasing the contract price by $64,045. SUMMARY: Change Order No. 4 authorizes the contractor to provide the materials, equipment and labor necessary to perform miscellaneous civil, electrical and mechanical modifications to the existing and new water supply wells included in this project. During well installation and rehabilitation activities, various latent conditions were encountered that required field modification to the original design. In addition to addressing these changes, this change order also includes the installation of raw water meters and associated appurtenances now required by the South Florida Water Management District. The total change orders to date, including this change order, decrease the original contract price from $6,847,020.00 to $5,861,891.24 (14% net decrease). The contract with Southeast Drilling includes the minority participation goal established by the Goal Setting Committee for this project and provides for minority participation of 8.00% overall (3.00% B). This change order includes zero overall M/WBE participation. The contractor’s cumulative M/WBE participation, including this change order, is 14.56% (7.34% B, and 7.22% W). (WUD Project No. 00-136) Countywide (JM)

7. APPROVED R-2004-0111 Staff recommends motion to approve: Change Order No. 22 to the Contract with The Poole and Kent Company (R99-278D) for the Water Treatment Plant No. 9 (WTP No. 9) Membrane Softening Facility, revising the project schedule and decreasing the contract price by $18,140. SUMMARY: Change Order No. 22 decreases the contract price to reflect the difference between actual prices obtained and the contract allowances provided for a raw water blend meter and a 16-inch automatic control valve. This Change Order also revises the Phase II Substantial Completion date to January 28, 2004, and the Phase II Final Completion date to February 27, 2004 to adjust for 74 days time lost due to rain days, and latent asbestos and lime sludge that had to be removed. The total change orders to date, including this change order, have increased the original contract price from $28,205,000 to $29,715,379.50 (5.35% increase). The minority participation goal established by the Goal Setting Committee for this project is 15.00% overall (6.00% B, 9% Other). This change order includes zero overall MWBE participation. The contractor’s cumulative M/WBE participation, including this change order, is 16.37% overall (6.43% B, 9.94% O). (WUD Project No. 97-130) District 5 (JM)

25 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

K. WATER UTILITIES (Cont’d)

8. ADOPTED R-2004-0112 Staff recommends motion to adopt: a Resolution revising the Water Utilities Department’s Uniform Policies and Procedures Manual (UPAP). SUMMARY: The UPAP is a codification of the Department's fees, standards, legal documents, policies and procedures governing the provision of potable water, reclaimed water, and wastewater services. The Department performs a review of the UPAP from time to time to ensure the continued effective and efficient delivery of utility services. The proposed revisions include providing two new alternative methods of obtaining utility concurrency: a Utility Concurrency Letter for proposed developments requiring ten (10) or fewer Equivalent Residential Connections with no special conditions/over-sizing requirements and a Utility Concurrency Reservation Agreement for proposed developments when the developer has a contract to purchase portions of the affected property. These concurrency changes are being made at the request of the County’s Development Review Oversight Committee and will serve to streamline existing concurrency processes. A new Deferred Capital Cost Recovery Program is also being established to provide an alternate cost recovery methodology for use when the Department installs wastewater pipelines to serve existing commercial and industrial areas. This program will be applicable only to areas where 50% support for a special assessment has not been achieved and where at least 50% of the properties would be required to connect to the wastewater lines under the provisions of Environmental Control Rule I within one year of pipeline installation. Other changes include adding and deleting products from the Approved Materials and Equipment List, revising certain design and construction standards, and providing that Maintenance of Traffic (MOT) plans for affected public roads be approved by County Engineering and that re- scheduling of construction activity within a road right-of-way may be required at any time. No Customer fees are being changed. The revised design and construction standards will be applicable to construction plans submitted for review after the approval date of the revised UPAP. The Water Utilities Advisory Board has reviewed and supports the proposed changes. Countywide (MJ)

L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. APPROVED R-2004-0113 THROUGH R-2004-0116 Staff recommends motion to approve: Four (4) Agreements for Purchase and Sale involving four (4) parcels (5.04 acres) of land in Unit 11 to be purchased using mitigation funds. The cost of purchasing the property is $36,228 (land cost), plus $1,764 (closing and miscellaneous costs), for a total of $37,992. SUMMARY: The Agreements presented in this item are for two (2) parcels in Zone 6, one (1) parcel in Zone 7 and one (1) parcel in Zone 8, at a purchase price which is twenty-five (25) percent above the average of recent appraisal values obtained by the County. If these, and other pending Agreements for Purchase and Sale are successfully closed, the County will have acquired, through purchase, tax deed, donation, settlement agreement, and eminent domain, a total of 1,530.66 acres. District 1 (HJ)

2. APPROVED R-2004-0117 Staff recommends motion to approve: Mitigation Bank Agreement with the School Board of Palm Beach County, Florida (School Board), concerning the establishment of a Conservation and Mitigation Area. SUMMARY: The School Board is required to comply with the Unified Land Development Code concerning the preservation and protection of native vegetation. The preservation of vegetation often requires a set-aside of a preserve or mitigation of native vegetation which cannot be completely preserved in place or relocated onsite. The Mitigation Bank Agreement provides a method for the School Board to set aside land owned by the School Board to be placed under a conservation easement and draw down credits against the bank as new projects are approved for permit. The School Board is still responsible for maintaining as much native vegetation as possible onsite and then utilizing the bank as a last resort. Countywide (ND)

26 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

3. Staff recommends motion to:

A) DELETED accept three (3) Assignments of Option to Purchase from The Conservation Fund, as Trustee of the Conservation Fund Charitable Trust (TCF) for acquisition of approximately 50 acres of land in the Agricultural Reserve from West Boynton Farms, Inc., a Florida Corporation, at a total purchase price of $1,023,432.25, subject to satisfactory results of pre-closing due diligence;

B) DELETED approve the expenditure of up to $1,100,433 from the 2001 $75M General Obligation Conservation Land Acquisition Fund (3002) for the purchase of the three properties consisting of approximately 50 acres, upon the terms and conditions set forth in the Option Agreements for Sale and Purchase, as amended (Agreements);

C) DELETED approve TCF’s fee estimated at $10,235 for the acquisition of the properties, which is one percent (1%) of the total purchase price, pursuant to TCF’s agreement (R99-957D) with the County; and,

D) DELETED approve Budget Transfer of $1,100,433 in the $75M General Obligation Conservation Land 2001 Bond Fund (3002) from Reserves (9900) to the Agricultural Reserve Project Account (E500) to provide for the purchase of the properties and for TCF's fee for its acquisition services, closing and miscellaneous costs, and a portion of the capital site preparation work and staff time to administer the program relating to this property.

SUMMARY: The property, which is owned or controlled by West Boynton Farms, Inc., is the ninth land acquisition in the Agricultural Reserve with funds from the 1999 Lands for Conservation Purposes bond referendum. This property is comprised of three parcels (10-acre Woskob parcel, 20-acre North King parcel, and 20-acre South King parcel, collectively known as the West Boynton Farms, Inc. property) totaling approximately 50 acres that are located west of State Road 7 and North of Boynton Beach Boulevard. The parcels being acquired are a mixture of undeveloped land with cypress wetlands, and overgrown, neglected in-ground nursery stock. The South King parcel will be acquired subject to a lease with Woodlands Botanicals, Inc. that will be assigned to the County at closing. The lease rental payments are $0 and the lease expires April 22, 2004. Purchase of the West Boynton Farms, Inc. property is the first transaction to involve acquiring parcels in the Agricultural Reserve that have had development rights removed from the property and transferred to another location as part of a 60/40 development. The seller reserves the right to use these parcels as an Agricultural Reserve Preserve and the County (AGR-PUD) agrees to sign, within 10 days of written requests from the seller, any such applications and consents that will enable the seller to apply for all governmental and regulatory approvals and permits necessary for the seller to create its AGR- PUD. The purpose for the acquisition of these parcels is for the County to gain control of the restoration potential these parcels provide. Acquisition of these parcels is for water resources purposes and the properties will be managed by the Department of Environmental Resources Management (ERM) as part of a restoration effort to convert these parcels, in conjunction with adjoining County-owned parcels, back to wetlands. It is only possible to do this if the County controls the properties. This acquisition is consistent with both Board direction to give highest priority to the purchase of lands west of Highway 441, and the Palm Beach County Agricultural Reserve Master Plan. The option period expires January 28, 2004. District 3 (HJ)

27 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

M. PARKS & RECREATION

1. APPROVED R-2004-0118 Staff recommends motion to approve: Agreement with Junior Golf and Academics of America, Inc., in an amount not-to-exceed $10,450 for the period January 13, 2004, through April 12, 2004, for the funding of the Summer Golf Workshop. SUMMARY: This funding is to assist with costs for the 2003 summer golf workshop. Expenses eligible for reimbursement include golf instructor fees, golf clubs, food and beverages, and uniforms. The Agreement allows for the reimbursement of eligible expenses incurred subsequent to May 1, 2003. Funding is from the Recreation Assistance Program (RAP). District 1 (ND)

2. APPROVED Staff recommends motion to approve: Allocation of $2,200 from District 6 Recreation Assistance Program to Palm Tran/Seniors in Motion Program. SUMMARY: Funding from the Recreation Assistance Program (RAP) is being used to offset costs associated with the first Public Transportation and Senior Safety Expo held on November 13, 2003 at the South Florida Fairgrounds. District 6 (ND)

S. FIRE RESCUE

1. Staff recommends motion to approve:

A) APPROVED Budget Transfer of $15,300 in the Glades Regional Fire MSTU Fund;

B) APPROVED Budget Amendment of $15,300 in the main Fire Rescue MSTU fund; and

C) APPROVED R-2004-0119 the First Amendment to the Interlocal Agreement with the City of Belle Glade for Provision of Fire Protection and Emergency Medical Services (Agreement No. R99-1584D).

SUMMARY: Approval of the budget transfer and budget amendment will provide funding for the transfer of a rescue unit and stretcher from the main Fire Rescue MSTU to the Glades Regional Fire MSTU. Palm Beach County currently provides fire rescue services to portions of the unincorporated areas west of 20-mile Bend through the “Glades Regional Fire MSTU” by contracting with the City of Belle Glade. This amendment to the Interlocal Agreement revises the language regarding funding and equipment and provides for the transfer and conveyance of a rescue unit and stretcher, which are assets of the Glades Regional Fire MSTU, with a fair market value of $15,000 and $300, respectively. This amendment authorizes the County’s Fixed Asset Manager to process future transfers to the City, upon Board approval, without the need to further amend the Agreement. District 6 (SB)

28 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

T. HEALTH DEPARTMENT

1. Staff recommends motion to approve:

A) APPROVED R-2004-0120 a Contract with the Department of Health (DOH) in the amount of $1,907,470 for Environmental Health and Engineering Programs provided by the Palm Beach County Health Department (CHD) for the period October 1, 2003 through September 30, 2004; and

B) APPROVED R-2004-0121 an Addendum to the Contract to clarify:

1. Paragraph 6.a. – As state employees/personnel, CHD employees are not “officers, agents, or employees of the County”; 2) Paragraph 7.c. – The County shall assure that insurance coverage for vehicles is available through either a self-insurance program or purchase of insurance purchased by the County except for that insurance referenced in paragraph 7.e; 3) Paragraph 7.d. – The County shall be named as additional insured on any agreement, in which the CHD contracts or subcontracts any work to be performed on the premises to a third party; and 4) Paragraph 7.e. – As a state agency, the CHD agrees to be responsible for its own, its officers’, employees’, or agents’ negligent acts, or omissions, or tortious acts which result in claims or suits against the parties, and agrees to be liable for any damages proximately caused by said acts or omissions.

SUMMARY: This Agreement sets forth the funding responsibilities of the DOH and the County for the operation of the Palm Beach County Health Department. The State and County share in the funding of the $7,624,148 environmental health budget. The State’s share is $3,528,248 (46.28%), primarily from State general revenue and State fees. Funding from the County’s FY 2003 budget is $1,907,470 (25.02%). The remaining local share (28.70%) is comprised of County authorized fees of $741,351, Federal funds of $323,000, DEP funds of $376,220, the Air Pollution tag fees of $747,859. County funding is used primarily for salaries and benefits. The environmental staffing is responsible for surveillance of public drinking water systems, permitting and inspection of septic tanks, regulation of air pollution sources, inspection and licensing of childcare and other group care facilities, and other duties related to environmental health. County funds are included in the FY 2004 budget. No additional funds are needed.

County staff requested certain changes to the State’s standard contract in order to clarify the insurance and liability provisions. The State preferred including these in an Addendum instead of revising the standard contract. Countywide (GB)

29 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

U. INFORMATION SYSTEM SERVICES

1. Staff recommends motion to:

A) APPROVED R-2004-0122 confirm emergency requisition from Affiliated Computer Services, Inc. (ACS) via Change Order No. 103 to the existing software development contract (R98-1540D), in the amount of $37,983, to provide the new format for the JIS Uniform Case Numbering method required by State statute to be functional on January 1, 2004; and

B) APPROVED receive and file Change Orders No. 61 through 102, previously approved by the JIS Policy Board, totaling $76,125 for the Justice Information System applications.

SUMMARY: Per Board Resolution No. R98-1541, contract Change Orders exceeding the cumulative amount of $100,000 must be referred to the Board of County Commissioners for approval, following approval by the JIS Policy Board. Change Order No. 103 causes the $100,000 limit to be exceeded, and therefore requires Board approval. However, the January 2004 deadline stipulated by the State for this change to case numbering required that code development begin immediately. As such, the Director of ISS authorized an emergency requisition. The Board is now asked to confirm this purchase of services. Because the modification is to a JIS application which is in use, the budget for this Change Order will be provided by the Clerk of Court. Further pursuant to that Resolution, Change Orders No. 61 through 102 are being submitted with this item. Change Orders No.1 through 60 were presented to the Board previously. Countywide (PK)

2. APPROVED R-2004-0123 Staff recommends motion to approve: Contract for the Sale of a License of the Senior Aides Training Education Program (SATEP) to Senior Service America, Inc. for a $65,000 licensing fee including implementation services. SUMMARY: The Community Services Department contracted with Information Systems Services (ISS) for the development of the Senior Aides Training Education Program (SATEP) application. This application provides for registration of clients, host agencies and prospective employees; programming and tracking of individual and institutional entrants for recurring actions such as eligibility re-certification; management and compliance report generation; program and service functions; and miscellaneous utility applications. Senior Service America, Inc. is purchasing this application as the foundation of their national program to support senior citizen training and placement needs. According to their website, Senior Service America distributes Title V federal funds directly to American communities through non-profit partnerships and local government agencies - with the goal of helping low-income seniors gain useful employment. Software licensing revenues will be deposited as General Fund revenues. Countywide (PK)

30 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

AA. PALM TRAN

1. ADOPTED R-2004-0124 Staff recommends motion to adopt: a Resolution approving a grant application with the Florida Department of Transportation (FDOT) to provide operating funding for mass transit in the amount of $108,159 of Federal funds passed through the State for the Lakes Region of Palm Beach County for FY 2005. SUMMARY: FDOT has notified us that the tentative allocation of Section 5311 funds for Palm Beach County is $108,159 for non-urbanized areas for mass transit operating assistance. This is used to partially offset the operating costs of mass transit in the Lakes Region of Palm Beach County. The operating costs of mass transit to the Lakes Region include operating, maintenance, and administrative costs. This is the maximum amount of FDOT operating assistance available to Palm Beach County for FY 2005 for mass transit services. The grant application for $216,318 requires 50% local match ($108,159 State, $108,159 Local Funds). Palm Beach County provides the local funding from the local option gas tax. District 6 (DR)

2. APPROVED R-2004-0125 Staff recommends motion to approve: Standard Agreement with the Area Agency on Aging in the amount of $355,138 to fund transportation services for the Division of Senior Services (DOSS) program for the period January 1, 2004 through December 31, 2004. SUMMARY: The Standard Agreement with the Area Agency on Aging (AAA) includes information required by the Area Agency on Aging for transportation services to be provide by Palm Tran CONNECTION for senior citizens who are clients of DOSS’ nutritional programs. The AAA funds in the amount of $355,138 and the local match $1,331,843 have already been accounted for in Palm Tran CONNECTION’s approved FY2004 budget. Countywide (DR)

31 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

BB. SHERIFF

1. POSTPONED Staff recommends motion to approve: Budget Transfer of $79,000 from the Law Enforcement Trust Fund (LETF) (1151) to the Palm Beach County Sheriff’s Office for donations to support the school resource officers, safe neighborhood, and crime prevention programs of various non-profit organizations. SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The PBSO’s fiscal year 2004 estimated donation requirement is $81,394. Upon approval of this transfer, the PBSO will have donated $79,000 of the FY 2004 donation requirement. The funds are requested to aid qualified organizations that meet the requirements set forth in F.S. 932.7055. Approval of this request will reduce the State Law Enforcement Trust Fund Balance to $932,358. The Sheriff’s Office certifies that the use of these funds is in accordance with F.S. 932.7055. Countywide (DW)

Organization Amount

People Engaged in Active Community Efforts, Inc. $ 30,000 Crime Stoppers of Palm Beach County, Inc. $ 39,000 Southern Police Institute Alumni Association $ 10,000 TOTAL $ 79,000

2. Staff recommends motion to:

A) APPROVED R-2004-0126 receive and file a Victim of Crime Act (VOCA) Agreement with the State of Florida Office of the Attorney General in the amount of $44,431 for the PBSO’s Domestic Violence Advisor Program for the period October 1, 2003 through September 30, 2004; and

B) APPROVED approve Budget Amendment of $44,431 increasing the Sheriff’s Grant Fund (1152). SUMMARY: The State of Florida Office of the Attorney General (OAG) is acting as a pass- through agency for the Victim of Crime Act (VOCA). This VOCA grant will be used to continue to allow for a victim advocate allocation to concentrate on the victim population in Palm Beach County. This position will continue to coordinate services with PBSO officers and other municipal agencies to offer crisis intervention, lethality assessments and safety plans. The PBSO will be reimbursed for personnel expenses totaling $44,431. An over-match in the amount of $11,108 is being provided by the Sheriff’s Office via volunteer hours worked by the current Domestic Violence Program Advisor. No County funds are required. Countywide (DW)

3. Staff recommends motion to:

A) APPROVED R-2004-0127 receive and file a Governor’s Drug-Free Communities Program grant for enhancing substance abuse education and prevention services at the Sheriff’s Eagle Academy in the amount of $39,000 for the period October 1, 2003 through September 30, 2004; and

B) APPROVED approve Budget Amendment of $39,000 increasing the Sheriff’s Grant fund (Fund 1152). SUMMARY: The Governor’s Office of Drug Control has awarded a Drug-Free Communities grant to the Palm Beach County Sheriff’s Office (PBSO) in the amount of $39,000. There is no local match requirement. The total program cost is $39,000. The grant period is from October 1, 2003 through September 30, 2004. The funds will be used to hire, via a contractual agreement with a licensed substance abuse treatment provider, one (1) case manager who will provide substance abuse prevention education and aftercare follow up to Eagle Academy students and graduates. The Sheriff’s Eagle Academy is a military style youth education program that provides “at-risk” youth from Palm Beach County an opportunity to alter the course of their lives before getting into trouble. The program is considered to be highly successful. This grant will enable the program to address the ongoing problem at-risk youth frequently have with substance abuse. Countywide (DW)

32 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

BB. SHERIFF (Cont’d)

4. APPROVED R-2004-0128 Staff recommends motion to approve: the FY 2003 Federal Annual Certification Report for the Palm Beach County Sheriff’s Office. The report outlines the Federal Law Enforcement Trust Fund proceeds and expenditures for the period of October 1, 2002 through September 30, 2003. SUMMARY: The Department of Justice and the Department of the Treasury require that state and local law enforcement agencies submit the Federal Annual Certification Report every year as prerequisite to the approval and distribution of equitable sharing requests. The report itemizes the PBSO’s FY 2003 receipts and expenditures of Federal shared funds. Countywide (DW)

CC. COURT ADMINISTRATION

1. APPROVED R-2004-0129 Staff recommends motion to ratify: the Chair’s signature on a Grant-in-Aid Agreement with the Justice Administrative Commission (JAC) for child dependency counsel in the amount of $143,892.26 for the period July 1, 2003 through June 30, 2004. SUMMARY: The State of Florida, Justice Administrative Commission has provided a Grant-in-Aid in the amount of $143,892.26 to the 15th Judicial Circuit to assist in the payment of costs incurred by Palm Beach County for child dependency counsel, in accordance with Florida Statute 39.013(11). There is no match required for this Grant-in-Aid. Eligible grant expenditures must be expended by June 30, 2004. Countywide (TKF)

2. Staff recommends motion to:

A) APPROVED R-2004-0130 accept a Florida Department of Law Enforcement Byrne grant in the amount of $29,854 for the period October 1, 2003 through September 30, 2004 for an In-Custody Batterer Intervention Program;

B) APPROVED approve Budget Transfer of $9,961 from the 15th Judicial Circuit’s FY2004 budget to satisfy the grant match requirement; and

C) APPROVED approve Budget Amendment of $29,854 in the General Fund (0001).

SUMMARY: The Florida Department of Law Enforcement (FDLE) is awarding a $29,854 grant for the In-Custody Batterer Intervention Program for the period October 1, 2003 through September 30, 2004. The program will use the grant monies to fund (3) contractual certified Batterer Intervention Program facilitators and training curriculum materials. There is 25% grant match requirement which is already included in the 15th Judicial Circuit‘s FY2004 budget. Grant funds must be expended by September 30, 2004. Countywide (TKF)

33 JANUARY 13, 2004

3. CONSENT AGENDA APPROVAL

CC. COURT ADMINISTRATION (Cont’d)

3. Staff recommends motion to:

A) APPROVED R-2004-0131 approve a letter to State of Florida, Office of the Attorney General terminating the Victims of Crime Act (VOCA) agreement in the amount of $92,170 for the Domestic Violence Intake Unit/Destiny by Choice Program effective October 31, 2003;

B) APPROVED R-2004-0132 ratify the Court Administrator’s signature on a letter terminating the contract with Destiny By Choice, Inc. to provide professional and consultation services in the area of social services for domestic violence victims in Belle Glade and the surrounding areas; and

C) APPROVED approve a downward Budget Amendment of $92,170 in the General Fund.

SUMMARY: Terminating the VOCA agreement with the State of Florida, Office of the Attorney General effective October 31, 2003 requires BCC approval. The BCC accepted a VOCA grant (V3165) in the amount of $92,170 for the Domestic Violence Intake Unit/Destiny by Choice Program on 10/21/2003 (R2003-1751). The BCC also approved a contract with Destiny By Choice, Inc. to provide VOCA approved domestic violence services in the Western communities on 10/21/03 (R2003-1752). In accordance with the VOCA grant agreement, statistical information regarding the program’s victims, goals and objectives is provided to the Attorney General’s Office quarterly. During a review of the quarter ending September 30, 2003, 15th Judicial Circuit staff noted inconsistencies within the reporting requirements. Therefore, the 15th Judicial Circuit terminated the contractual relationship with Destiny By Choice, Inc. on behalf of the BCC and ratification is requested. Countywide (TKF)

DD. TOURIST DEVELOPMENT COUNCIL

1. REVISED TITLE: APPROVED R-2004-0133 Staff recommends motion to approve: an Agreement with the Palm Beach County Film Festival in the amount of $60,000 payable from the Tourist Development Council's Special Project Fund (Fund 0121) to market, publicize and coordinate the 2004 Palm Beach County Film Festival. SUMMARY: This contract will be used to fund professional service expenses for the 2004 Palm Beach International Film Festival to be held in April 2004. The Tourist Development Council approved this contract at their regular meeting on December 11, 2003. Countywide (MC)

B) Budget Transfer of $40,000 from the Film & TV Commission reserves (Fund 1451) to the Palm Beach County International Film Festival. Transfer will create a line item in the 2004 Film & TV Commission Budget. (TDC)

EE. SUPERVISOR OF ELECTIONS

1. APPROVED Staff recommends motion to approve: Precinct boundary changes submitted by Theresa LePore, Supervisor of Elections, as required by Section 101.001(1), Florida Statutes. SUMMARY: Precinct boundary Changes due to growth. Countywide

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34 JANUARY 13, 2004

4. SPECIAL PRESENTATIONS - 9:30 A.M.

A. PRESENTED Certificate of Appreciation to Major Mike Gauger on his retirement from the PBC Sheriff’s Office. (Sponsored by Commissioner Newell)

B. PRESENTED Certificate of Appreciation to Will Ray for his many years of dedicated service with the PBC Cultural Council. (Sponsored by Commissioner Marcus)

C. PRESENTED Proclamation declaring the week of January 25 - 29, 2004 as “Scottish-American Week” in Palm Beach County. (Sponsored by Commissioner Newell)

D. PRESENTED Proclamation declaring Tuesday December 2, 2003 as “RAMS Day” in Palm Beach County. (Sponsored by Commissioner Greene)

E. PRESENTED Proclamation declaring Saturday December 20, 2003 as “Pahokee Blue Devils Day” in Palm Beach County. (Sponsored by Commissioner Masilotti)

F. PRESENTED ADD-ON: Proclamation declaring Monday, January 19, 2004 as “Marching RAMS Day” in Palm Beach County. (Sponsored by Commissioner Greene)

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5. PUBLIC HEARINGS - 9:30 A.M. (Motion to receive and file: Proof of publication)

A. Staff recommends motion to:

A) APPROVED conduct a TEFRA public hearing [within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”)] concerning the issuance by the Colorado Educational and Cultural Facilities Authority (the “Authority”) of the Authority’s tax-exempt Variable Rate Demand Revenue Bonds (The Jewish Federation of South Palm Beach County, Inc. Project) Series A-4 (the “Bonds”), in an aggregate principal amount not-to-exceed $4,000,000; and

B) ADOPTED R-2004-0134 adopt a Resolution approving the issuance of the Bonds and the financing of the hereinafter defined project by the Authority.

SUMMARY: The Bonds are proposed to be issued by the Authority for the purpose of loaning the proceeds to the Jewish Federation of Palm Beach County, Inc. (the “Borrower”) so that the Borrower will have the funds necessary to finance and refinance certain capital improvements to the Borrower’s facilities located at 9901 Donna Klein Boulevard, Boca Raton, Florida (the “Project”). The Bonds will be special obligations of the Authority payable solely from the revenues of the Borrower. Neither the taxing power nor the faith and credit of the County, nor any County funds shall be pledged to pay principal or, redemption premiums, if any, or interest on the Bonds. District 5 (PFK)

35 JANUARY 13, 2004

5. PUBLIC HEARINGS - 9:30 A.M. (Cont’d)

B. ADOPTED R-2004-002 Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance No. 2003-004, the Palm Beach County Living Wage Ordinance; amending definitions; repealing the health benefit provision; amending the certification provision; amending the notice and posting provision; amending the maintenance of payroll records provision; amending the reporting payroll provision; amending the applications for special master provision; providing for captions; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for effective date. SUMMARY: On February 25, 2003, the Board of County Commissioners approved the Palm Beach County Living Wage Ordinance (R2003-004). Staff recommends that the Board repeal the health benefit provision because it is preempted by Federal law under the Employee Retirement Income Security Act (ERISA). Staff also recommends that the Board amend the special master provision to clarify who may preside over living wage disputes. Countywide (EC)

C. APPROVED R-2004-0135 Staff recommends motion to approve: the issuance of a “Special Secondary Service” Certificate of Public Convenience and Necessity (COPCN) to The Wackenhut Corporation, a private security provider agency, to allow the agency to provide Advanced Life Support Service (ALS) first response, non-transport services to the private gated community known as Ballen Isles. SUMMARY: The Wackenhut Corporation (Wackenhut) currently provides private security service to the gated community of Ballen Isles. The residents of Ballen Isles wish to have Wackenhut provide ALS first response, non-transport services as part of their security services. The County Emergency Medical Services Office, Emergency Medical Services Advisory Council, and Palm Beach Gardens Fire-Rescue have reviewed the application and recommend approval of a “Special Secondary Service Provider - Non- Transport” COPCN to be issued to Wackenhut for operation restricted to the confines of the community of Ballen Isles. They would operate under a “Memorandum of Understanding” with Palm Beach Gardens Fire Rescue, the primary ALS transport provider for the area. District 1 (DW)

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36 JANUARY 13, 2004

6. REGULAR AGENDA

A. ADMINISTRATION

1. ADOPTED R-2004-0136 Staff recommends motion to adopt: a Resolution, which supercedes Resolution No. R95- 1405, updating budgetary policy and Commission staff salary policy for Commission District Offices. SUMMARY: This Resolution amends the Commission staff salary policy to allow for the upgrade to E-01 for any Commission Aide with a total of fifteen (15) years with the County and one (1) year of service on a Commission staff. The resolution also codifies certain existing policies such as establishing an annual budget for equipment purchases and the addition of one part-time Secretary for each Commission Office. Countywide

2. DELETED

B. ENGINEERING

1. Staff recommends motion to approve:

A) APPROVED Budget Transfer of $10,000 in the Municipal Service Taxing Unit (MSTU) District C (Fund 3508) from Reserves to Seagrape Road – Dead end east to Florida Drive; and

B) APPROVED Waiving of policy requiring ninety percent (90%) of right-of-way to be denoted and proceed with appraisal and acquisition of required right-of-way on Seagrape Road MSTU Street Improvement Project.

SUMMARY: This action will allow for the appraisal and acquisition of two parcels on Seagrape Road and fund the necessary start-up costs for acquisition. District 3 – MSTU C (PK)

2. APPROVED R-2004-0137 ADD-ON: Staff recommends motion to approve: an Amendment to the Jog Road/Roebuck Road construction Contract (R2003-0849) (Contract) with J. W. Cheatham, Inc., (Contractor) to indemnify and hold harmless the City of West Palm Beach (City) and add the City as an additional insured party. SUMMARY: The original construction contract required the contractor to indemnify and hold harmless the Florida Department of Transportation and Palm Beach County and name both as additional insured. The City requested the Contractor add the City as an additional insured and indemnify and hold the City harmless. Approval of this item allows the request to be satisfied. District 2 (MRE) (Eng)

C. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

1. APPROVED DENIAL W / DIRECTION Staff recommends motion to deny: a reduction in taxable property assessments for parent/grandparent living quarters. SUMMARY: A State referendum approved in November 2002, allows Counties to provide for a reduction in the assessed value of homestead property when there has been an increase in value resulting from improvements for living quarters for the property owners’ parents or grandparents. Staff has previously recommended that the Board not authorize this assessment reduction for the following reasons: A) The implementing legislation lacks clear definitions for qualifying improvements; B) There is a potential for greater benefit to owners of highly valued properties as compared to lower valued properties; C) The program does not provide the same benefit to a senior who wishes to make modifications to his/her own home as that which would be available to the child/grandchild of a senior; D) Staff believes that it would be difficult to monitor/interpret the provisions of the proposition, and that there would be a potential for abuse; and E) There is a lack of data on which to accurately estimate the cost to county and other taxing agencies. Countywide

37 JANUARY 13, 2004

6. REGULAR AGENDA

C. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET (Cont’d)

2. APPROVED R-2004-0138 REVISED TITLE: Staff recommends motion to adopt: a Resolution authorizing the issuance of Public Improvement Revenue Refunding Bonds, Series 2004 (Convention Center Project) in the initial aggregate principal amount of not exceeding $80 $85 Million for the purpose of advance refunding the County’s Public Improvement Revenue Bonds, Series 2001 (Convention Center Project), funding a reserve in connection therewith, if deemed necessary, and paying certain costs of issuance related thereto; providing certain of the terms of such bonds; providing for the rights, security and remedies of the holders thereof, making certain covenants and agreements in connection therewith; providing for the undertaking by the County required by Rule 15c2-12 of the Securities and Exchange Commission; approving the form and authorizing the execution of an escrow deposit agreement; providing for certain other matters in connection therewith; and providing an effective date. SUMMARY: On December 9, 2003, the Board directed staff to move forward with the refunding of all of the outstanding $80.705 Million Public Improvement Revenue Bonds, Series 2001. This resolution authorizes the advanced refunding of the convention center bonds. The net present value savings during the first five (5) years of the refunding bonds will be approximately $6.3 million or 8.2%. Countywide (PK)

3. APPROVED R-2004-0014 REVISES TITLE & SUMMARY: Staff recommends motion to adopt: a Resolution supplementing (and amending) Resolution No. R2003-1983 adopted on December 2, 2003; authorizing the negotiated sale of Public Improvement Revenue and Refunding Bonds, Series 2004 in the aggregate principal amount of $94,300,000; $93,085,000; determining certain details of said bonds; approving the form of, and authorizing the execution and delivery of a bond purchase agreement to effect the negotiated sale of the bonds and awarding the sale of the bonds to the underwriters; approving the form and authorizing the execution of an official statement in connection with the offering and sale of the bonds and approving, ratifying and confirming the distribution of a preliminary official statement by the underwriters; appointing a paying agent and a registrar; ratifying the County’s acceptance of commitments for a bond insurance policy and reserve account credit facility for the bonds; authorizing the registration of the bonds under a book-entry system; delivery of an escrow deposit agreement and appointing an escrow agent thereunder; authorizing the execution and delivery of an escrow deposit agreement and appointing officers of the County to do all things deemed necessary or advisable as to the sale and delivery of the bonds; and providing for an effective date. SUMMARY: On December 3, 2003, the Board adopted a Resolution authorizing the issuance of its Public Improvements Revenue and Refunding Bonds, Series 2003 to pay off a bond anticipation note, refund the outstanding Airport Centre Bonds and provide the financing for the Vista Center expansion and improvements, the South County Courthouse improvements and the restoration of the 1916 Old Courthouse. On Monday, January 12, 2004, the underwriters marketed the bonds and are presenting the bond purchase agreement to the Board today for approval. The true interest costs for the bonds is 3.90% and the cost of issuance is $1,107,389. The net present value savings on the $6.5 Million Airport Centre Refunding Bonds was $904,125 or 13.7% and the cost of issuance will be included after the bonds are sold. Countywide (PK) (OFMB)

4. ADOPTED R-2004-0139 Staff recommends motion to adopt: a Resolution authorizing the negotiation of a loan in an amount not-to-exceed $12 Million from the Sunshine State Governmental Financing Commission; approving the execution and delivery of a Loan agreement; providing certain other matters in connection with the making of the Loan; and providing an effective date. SUMMARY: The Sunshine Loan will finance the construction of a laboratory and research facility and related improvements on the FAU John D. MacArthur Campus located in Jupiter for use by Scripps Florida on a temporary basis while permanent facilities are being constructed. Countywide (PK)

38 JANUARY 13, 2004

6. REGULAR AGENDA

D. PALM TRAN

1. APPROVED R-2004-0140 Staff recommends motion to approve: 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, SEIU, Local 1227 covering full-time, non- professional, supervisory employees at Palm Tran. SUMMARY: Pursuant to collective bargaining negotiations, the negotiating committees for Palm Tran and the National Conference of Fireman 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 first 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 December 10, 2003 and is presented for the Board’s consideration and ratification. If approved, the Contract will be effective through September 30, 2005. Countywide (MC)

E. HUMAN RESOURCES

CONTINUED FROM 12/16/03 1. ADOPTED Staff recommends motion to adopt: Palm Beach County’s 2003 - 2004 Affirmative Action Plan, a voluntary effort to correct under representation where it exists in the Board of County Commissioner’s work force. There is no fiscal impact. SUMMARY: Implementation of this year’s Plan focuses on methods and procedures for achieving targeted work unit goals, enhancing special recruitment efforts and continuing to develop systems to correct under representation. Minority representation for all job categories for 2001 - 2002 was 27.1%, which is 5.3% above the availability. For 2002 - 2003, minority representation was 27.7%, which is 5.9% above the availability. Females represented 38.5% of the County’s workforce in 2002 - 2003 as compared to the availability of the labor force for all occupations of 45.3%. Countywide (EC)

F. PARKS AND RECREATION

TIME CERTAIN 11:00 A.M. 1. Staff recommends motion to:

A) APPROVED approve Conceptual Master Plan for Riverbend Park; and

B) APPROVED direct staff to submit the Conceptual Master Plan to South Florida Water Management District for consideration.

SUMMARY: The Riverbend Park property consists of two (2) parcels of land one (1) of which is owned by Palm Beach County (200 acres) and the other (500 acres) by the South Florida Water Management District (S.F.W.M.D.). The S.F.W.M.D. property has been leased to Palm Beach County to be developed and operated as a County park. Prior to moving forward with the numerous approval processes that will be involved in developing this unique park land, it is important that the property owners agree with the various uses and intensity of development proposed in this Conceptual Park Plan. District 1 (ND)

39 JANUARY 13, 2004

6. REGULAR AGENDA

G. FACILITIES DEVELOPMENT AND OPERATIONS

1. APPROVED Staff recommends Board approve: the selection of the Proposal submitted by the Rendina Companies as the most responsive proposal to the Request for Proposals to purchase the County-owned Belvedere and 441 (Mounted Posse) property. SUMMARY: Staff issued a Request for Proposals to purchase the 10-acre County-owned property at the northeast corner of Belvedere Road and US 441. Seven proposals were received. A Selection Committee consisting of the Directors of Parks and Recreation and Property and Real Estate Management Division and the Village of Royal Palm Beach Village Manager ranked the proposal submitted by the Rendina Companies highest of the seven proposals. Rendina's proposal was for mixed use development and a purchase price of $2,800,000. Two appraisals of the property were obtained indicating values of $1,875,000 and $3,200,000 respectively for an average of $2,537,500. A complete analysis of each of the proposals submitted is included in the Background and Policy Issues section. As the rankings were very close, Staff suggests that the Board review the detailed discussion of the two highest ranked proposals, Rendina and Lennar. (PREM) District 6 (HJF)

2. Staff recommends motion to approve: REVISED TITLE & SUMMARY:

A) Budget for pre-design services in conjunction with the due diligence and development of the Scripps Palm Beach County Research Campus; B) Budget Amendment of $1,820,000 in the Public Building Improvement Fund creating a project line entitled “Scripps Planning and Due Diligence” and recognizing the revenue from the General Fund; C) Budget Transfer of $1,820,000 from the General Fund (0001) Contingency to the Public Building Improvement Fund establishing the pre-design project budget; D) Assignment of Contract for Sale and Purchase between the Business Development Board of Palm Beach County, Lantana Farms Associates and the County causing Palm Beach County to become the contract purchaser of the 1900 acre Mecca Farm property; E) APPROVED R-2004-0141 Supplement No. 1 to CSA No. 18 to Agreement with Brown and Phillips, Inc. (R2001-1601) in the amount of $89,192.95 for survey services; and

F) APPROVED R-2004-0142 Supplement No. 2 to CSA No. 25 to Agreement with Kilday and Associates, Inc. (R2001-0866) in the amount of $923,900 for planning and development services. SUMMARY: The pre-design budget includes all expenses associated with the due diligence, developability studies, planning, and securing DRI, land use and zoning approvals. There are two phases of pre-design services;... Phase 1 is due diligence and developability studies required to support the land purchase decision and Phase 2 is the planning and processing services associated with securing DRI, Comp Plan, Zoning and Site Plan approvals. Motion D assigns the purchase and sale contract for the 1900 + acre Mecca Farms property to the County. As a result of the assignment, the County will be the contract purchaser of the property according to the terms negotiated by the Business Development Board and summarized in the background to this item. , which includes a payment of $100,000 as reimbursement for the deposit on the Purchase Contract...The purchase agreement provides for a 120 day inspection period, which ends on 2/7/04, after which the County can terminate the contract only in the event the County is unable to obtain the development approvals. The results of the due diligence and developability studies shall be presented to the BCC on 2/3/04, prior to the conclusion of the inspection period. Phase I Pre-Design studies required to support the 2/3/04 milestone began in December pursuant to authorizations of the FDO Director and Contract Review Committee. Motion E is a supplemental Authorization No. 1 to Brown & Phillips to complete the survey work required for Phase I Pre-Design Services. M/WBE participation on this supplement is 100% M/WBE (B) and results in total contract participation of 100% M/WBE (B). This supplement requires BCC approval as the total for this effort exceeds $100,000. Motion F is Supplemental Authorization No. 2 to Kilday and Associates for services required to complete Phase 2 Pre- Design services. The M/WBE participation on Supplement No. 2 is 19.40% and when combined with previous authorizations results in a contract total of 18.48% M/WBE participation. (FDO Admin) Countywide (JM)

40 * * * * * * * * * * * *

RECESS AS THE BOARD OF COUNTY COMMISSIONERS

CONVENE AS THE CHILD CARE FACILITIES BOARD

41 JANUARY 13, 2004

7. SITTING AS THE CHILD CARE FACILITIES BOARD

TIME CERTAIN 11:15 A.M. A. DELETED APPEAL FROM: The Child Care Advisory Council’s May 29, 2003 Recommended Order Denying Little Stars Learning Center, Inc.’s (“Little Stars”) Application to renew its Child Care License. SUMMARY: This is an appeal of a Recommended Order of the Child Care Advisory Council by Little Stars of the denial of its application for a child care license renewal. The Board of County Commissioners, sitting as the Child Care Facilities Board, has jurisdiction to hear appeals of recommended orders of the Child Care Advisory Council through the Special Act 59- 1698, as amended, and the Rules and Regulations Governing Child Care in Palm Beach County. Countywide (GDB)

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ADJOURN AS THE CHILD CARE FACILITIES BOARD

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

42 JANUARY 13, 2004

8. BOARD APPOINTMENTS

A. ADMINISTRATION (Overall Economic Development Program (OEDP) Committee)

1. APPROVED Staff recommends motion to approve: appointment of one (1) member to the Overall Economic Development Program (OEDP) Committee.

Nominee Seat Requirement/Nominated by: Seat No. Term Expires

Dr. Esther E. Glades Communities/ Berry Commissioner Masilotti 21 7/13/08

SUMMARY: The nominee will represent the municipalities; Belle Glade, South Bay and Pahokee including the surrounding unincorporated areas including Canal Point on the OEDP Committee. District 6

B. COMMUNITY SERVICES (Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council)

1. APPROVED Staff recommends motion to approve: Reappointment of the following individuals to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council for a term of two (2) years, effective January 13, 2004.

Reappointment Seat No.

Thomas McKissack 13

Glenn Krabec, Ph.D. 18

SUMMARY: The Palm Beach County HIV CARE Council Bylaws state that total membership shall be no more than forty-five (45) and no less than twenty-one (21) members. Founding members were appointed for one (1) and two (2) year terms with subsequent terms of two (2) years. The HIV CARE Council Nominations Process is an open process with publicized criteria and legislatively defined conflict of interest standards. These were the only two (2) nominees and the CARE Council has recommended their reappointment. Countywide (TKF)

43 JANUARY 13, 2004

8. BOARD APPOINTMENTS

B. COMMUNITY SERVICES (Cont’d) (Palm Beach County Citizens Advisory Committee on Health and Human Services)

REVISED TITLE: APPOINTED 2.Staff recommends motion to appoint: Five (5) At-Large Members to the Palm Beach County Citizens Advisory Committee on Health and Human Services.

Nominee Category Term Expires Nominated by:

Sharon Greene At Large 9/30/2006 Citizens Advisory Committee

Barbara Jacobowitz At Large 9/30/2006 Citizens Advisory Committee

Mary “Jill” Hanson At Large 9/30/2006 Citizens Advisory Committee

Cynthia R. Smith At Large 9/30/2006 Citizens Advisory Committee Elizabeth Hernandez Cayson At Large 9/30/2004 Citizens Advisory Committee Commissioner Masilotti

SUMMARY: The Citizens Advisory Committee on Health and Human Services consists of eleven (11) members with at least one (1) member being a resident west of the 20 Mile Bend and at least one (1) member being a representative of the Palm Beach County League of Cities. Founding members were appointed for 1, 2 and 3 year terms with subsequent terms for three (3) years. Resolution No. R2001-0913 requires the Executive Committee of the Citizens Advisory Committee to solicit and recommend member nominations for transmittal to the Board of County Commissioners. Additionally, the Board of County Commissioners was notified and requested to provide nominations for committee appointment. Countywide (TKF)

44 JANUARY 13, 2004

8. BOARD APPOINTMENTS

C. PARKS AND RECREATION (West Jupiter Recreation Center Advisory Committee)

1. APPOINTED Staff recommends motion to appoint/reappoint: six (6) of the nine (9) at- large members to the West Jupiter Recreation Center Advisory Committee commencing January 13, 2004, and ending December 31, 2004. The following persons have been nominated by the current Advisory Committee and/or staff for your consideration.

Nominees Seat No. Nomination Supported By Reappoint Commissioner Greene; Commissioner Evelyn H. Dimarzio 1 Marcus; and Commissioner Newell Idella Harris 8 Commissioner Greene; Commissioner Marcus; and Commissioner Newell Jeffery S. Leslie 5 Commissioner Greene; Commissioner Marcus and Commissioner Newell

Appoint Commissioner Greene; Commissioner Avernel Matthews 2 Marcus and Commissioner Newell Everett Simmons 3 Commissioner Greene; Commissioner Marcus; and Commissioner Newell Robert Tatum 4 Commissioner Greene; Commissioner Marcus; and Commissioner Newell

SUMMARY: The Board of County Commissioners, as authorized by Resolution No. 91-1625, appoints nine (9) at-large members to the West Jupiter Recreation Center Advisory Committee for a one-year term. Six (6) nominees have indicated a willingness to serve and members may be appointed/reappointed without limit. Staff is actively seeking commitments to fill seats 6, 7 and 9 of the Advisory Committee. Memos were sent to Commissioners soliciting nominees. Countywide (ND)

45 JANUARY 13, 2004

8. BOARD APPOINTMENTS

C. PARKS AND RECREATION (Cont’d) (Westgate Recreation Center Advisory Committee)

2. APPOINTED Staff recommends motion to appoint/reappoint: six (6) of the nine (9) at-large members to the Westgate Recreation Center Advisory Committee commencing January 13, 2004 and ending December 31, 2004. The following persons have been nominated by the current Advisory Committee and/or staff for your consideration.

Nominees Seat No. Nomination Supported By Reappoint

Glenn I. Brown 7 Commissioner Greene; Commissioner Koons; and Commissioner Newell Wendy Goodhue 1 Commissioner Greene; Commissioner Koons; and Commissioner Newell Letitia Sharry 9 Commissioner Greene; Commissioner Koons and Commissioner Newell

Appoint

Jeffrey Pegg 2 Commissioner Greene; Commissioner Koons; and Commissioner Newell Yves S. Joseph 3 Commissioner Greene, Commissioner Koons; and Commissioner Newell Joseph D. Pitts 5 Commissioner Greene; Commissioner Koons and Commissioner Newell

SUMMARY: The Board of County Commissioners, as authorized by Resolution No. 91-1625, appoints nine (9) at-large members to the Westgate Recreation Center Advisory Committee for a one (1) year term. Six (6) nominees have indicated a willingness to serve and members may be appointed/reappointed without limit. Staff is actively seeking commitments to fill seats 4, 6 and 8 of the Advisory Committee. Memos were sent to Commissioners soliciting nominees. Countywide (ND)

D. PLANNING ZONING AND BUILDING [Construction Board of Adjustment & Appeals (CBAA)]

1. APPROVED Staff recommends motion to approve: the reappointment of the following named individual to the Construction Board of Adjustment & Appeals (CBAA) as the plumbing contractor member for a three (3) year term from September 3, 2003 to September 3, 2006.

Nominee Seat No. Requirement

Jesse Green lll 1 Plumbing Contractor

SUMMARY: The reappointment of Jesse Green is nominated by The Palm Beach County Association of Plumbing Heating Cooling Contractors, Inc. The nomination represents the appropriate composition of the Board as required by the Palm Beach County Amendments to the Florida Building Code, 2001 Edition. Countywide (DW)

E. COMMISSION DISTRICT APPOINTMENTS

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46 JANUARY 13, 2004

9. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

B. COUNTY ATTORNEY

47 JANUARY 13, 2004

10. COMMISSIONER COMMENTS

A. District 1 - KAREN T. MARCUS, CHAIR

B. District 2 - COMMISSIONER JEFF KOONS

C. District 3 - COMMISSIONER WARREN H. NEWELL

D. District 4 - COMMISSIONER MARY MCCARTY

E. District 5 - COMMISSIONER BURT AARONSON

F. District 6 - TONY MASILOTTI, VICE-CHAIRMAN

G. District 7 - COMMISSIONER ADDIE L. GREENE

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."

48 January 13, 2004 8:00 a.m. BOARD OF COUNTY COMMISSIONERS

BOARD MEETING PALM BEACH COUNTY, FLORIDA

ADDITIONS, DELETIONS, & SUBSTITUTIONS

JANUARY 13, 2004

PAGE ITEM

12 3C-7 DELETED: Budget Transfer of $110,900 in the Transportation Improvement Fund from Reserve for District 5 to Loggers Run Park Pathway – District 5 ($40,000) and Loggers Run Park Turn Lane – District 5 ($70,900). (Eng) (Further staff review)

14 3C-22 ** REVISED TITLE: A) approve a Joint Participation Agreement (JPA) with the State of Florida Department of Transportation (FDOT) concerning the design, right-of-way acquisition, and construction of W. Atlantic Avenue (S.R.806) from east of Florida’s Turnpike to west of Lyons Road; and

B) adopt a Resolution authorizing the JPA; and

C) Budget Amendment of $2,000,000 in the Transportation Improvement Fund. (Eng)

28 3L-3 DELETED: Staff recommends motion to:

A) accept three (3) Assignments of Option to Purchase from The Conservation Fund, as Trustee of the Conservation Fund Charitable Trust (TCF) for acquisition of approximately 50 acres of land in the Agricultural Reserve from West Boynton Farms, Inc., a Florida Corporation, at a total purchase price of $1,023,432.25, subject to satisfactory results of pre-closing due diligence;

B) approve the expenditure of up to $1,100,433 from the 2001 $75M General Obligation Conservation Land Acquisition Fund (3002) for the purchase of the three properties consisting of approximately 50 acres, upon the terms and conditions set forth in the Option Agreements for Sale and Purchase, as amended (Agreements);

C) approve TCF’s fee estimated at $10,235 for the acquisition of the properties, which is one percent (1%) of the total purchase price, pursuant to TCF’s agreement (R99-957D) with the County; and,

D) approve Budget Transfer of $1,100,433 in the $75M General Obligation Conservation Land 2001 Bond Fund (3002) from Reserves (9900) to the Agricultural Reserve Project Account (E500) to provide for the purchase of the properties and for TCF's fee for its acquisition services, closing and miscellaneous costs, and a portion of the capital site preparation work and staff time to administer the program relating to this property. (ERM) (Further staff review/moved to 1/27/04)

35 3DD-1 **** REVISED TITLE: A) an Agreement with the Palm Beach County Film Festival in the amount of $60,000 payable from the Tourist Development Council's Special Project Fund (Fund 0121) to market, publicize and coordinate the 2004 Palm Beach County Film Festival; and

B) Budget Transfer of $40,000 from the Film & TV Commission reserves (Fund 1451) to the Palm Beach County International Film Festival . Transfer will create a line item in the 2004 Film & TV Commission budget. (TDC)

37 4F ADD-ON: Proclamation declaring Monday, January 19, 2004 as “Marching RAMS Day” in Palm Beach County. (Sponsored by Commissioner Greene) 39 6B-2 ADD-ON: Staff recommends motion to approve: an Amendment to the Jog Road/Roebuck Road construction Contract (R2003-0849) (Contract) with J. W. Cheatham, Inc., (Contractor) to indemnify and hold harmless the City of West Palm Beach (City) and add the City as an additional insured party. SUMMARY: The original construction contract required the contractor to indemnify and hold harmless the Florida Department of Transportation and Palm Beach County and name both as additional insured. The City requested the Contractor add the City as an additional insured and indemnify and hold the City harmless. Approval of this item allows the request to be satisfied. District 2 (MRE) (Eng)

40 6C-2 REVISED TITLE: a Resolution authorizing the issuance of Public Improvement Revenue Refunding Bonds, Series 2004 (Convention Center Project) in the initial aggregate principal amount of not exceeding $80 $85 Million for the purpose of advance refunding the County’s Public Improvement Revenue Bonds, Series 2001 (Convention Center Project), funding a reserve in connection therewith, if deemed necessary, and paying certain costs of issuance related thereto; providing certain of the terms ... (OFMB)

40 6C-3 **** REVISED TITLE & SUMMARY: a Resolution supplementing (and amending) Resolution No. R2003-1983 adopted on December 2, 2003; authorizing the negotiated sale of Public Improvement Revenue and Refunding Bonds, Series 2004 in the aggregate principal amount of $94,300,000; $93,085,000 determining ... SUMMARY: On December 3, 2003 the Board adopted ... On Monday, January 12, 2004, the underwriters marketed the bonds and are presenting the bond purchase agreement to the Board today for approval. The true interest costs for the bonds is 3.90% and the cost of issuance is $1,107,389. The net present value savings on the $6.5 Million Airport Centre Refunding Bonds was $904,125 or 13.7% and the cost of issuance will be included after the bonds are sold. Countywide (PK) (OFMB)

43 6G-2 **** REVISED TITLE & SUMMARY: A) Budget for pre-design services in conjunction with the due diligence and development of the Scripps Palm Beach County Research Campus; B) Budget Amendment of $1,820,000 in the Public Building Improvement Fund creating a project line entitled “Scripps Planning and Due Diligence” and recognizing the revenue from the General Fund; C) Budget Transfer of $1,820,000 from the General Fund (0001) Contingency to the Public Building Improvement Fund establishing the pre-design project budget;

D) Assignment of Contract for Sale and Purchase between the Business Development Board of Palm Beach County, Lantana Farms Associates and the County causing Palm Beach County to become the contract purchaser of the 1900 acre Mecca Farm property;

E) Supplement No. 1 to CSA No. 18 to Agreement with Brown and Phillips, Inc. (R2001-1601) in the amount of $89,192.95 for survey services; and F) Supplement No. 2 to CSA No. 25 to Agreement with Kilday and Associates, Inc. (R2001-0866) in the amount of $923,900 for planning and development services.

SUMMARY: The pre-design budget includes all expenses associated with the due diligence, developability studies, planning, and securing DRI, land use and zoning approvals. There are two phases of pre-design services; ... As a result of the assignment, the County will be the contract purchaser of the property according to the terms negotiated by the Business Development Board and summarized in the background to this item , which includes a payment of $100,000 as reimbursement for the deposit on the Purchase Contract. The purchase agreement provides for a 120 day inspection period, which ends ... (FD&O)

43 6H-1 **** MOVE TO CONSENT 3DD-1 & REVISED: an Agreement with the Palm Beach County Film Festival ... (TDC) 44 7A DELETED: SITTING AS THE CHILD CARE FACILITIES BOARD

TIME CERTAIN 11:15 A.M. A. APPEAL FROM: The Child Care Advisory Council’s May 29, 2003 Recommended Order Denying Little Stars Learning Center, Inc.’s (“Little Stars”) Application to renew its Child Care License. (CoAtty) (Appellant's legal representative states that his client has not obtained transcripts which are germane to the appeal.)

46 8B-2 REVISED TITLE: Staff recommends motion to appoint: Five (5) At-Large Members to the Palm Beach County Citizens Advisory Committee on Health and Human Services.

Nominee Category Term Expires Nominated by:

Sharon Greene At Large 9/30/2006 Citizens Advisory Committee Barbara Jacobowitz At Large 9/30/2006 Citizens Advisory Committee Mary “Jill” Hanson At Large 9/30/2006 Citizens Advisory Committee Cynthia R. Smith At Large 9/30/2006 Citizens Advisory Committee Elizabeth Hernandez Cayson At Large 9/30/2004 Citizens Advisory Committee Commissioner Masilotti

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 (*).