ORDER OF BUSINESS BOARD OF COUNTY COMMISSIONERS BOARD MEETING PALM BEACH COUNTY, FLORIDA
MARCH 11, 2003
TUESDAY COMMISSION 9:30 A.M. CHAMBERS
DAWN WHYTE 1. CALL TO ORDER DEPUTY CLERK
A. Roll Call B. Invocation C. Pledge of Allegiance
2. AGENDA APPROVAL
A. Additions, Deletions, Substitutions B. Adoption
3. CONSENT AGENDA (Page 7 - 26)
4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 27)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 28-30)
6. REGULAR AGENDA (Page 31 - 34) TIME CERTAIN 11:00 A.M. (Glades Regional Business Plan) (Page 31)
7. BCC SITTING AS THE SOLID WASTE AUTHORITY (Page 35) TIME CERTAIN 11:45 A.M.
8. BOARD APPOINTMENTS (Page 36)
9. MATTERS BY PUBLIC - 2:00 P.M. (Page 37)
10. STAFF COMMENTS (Page 38)
11. COMMISSIONER COMMENTS (Page 39)
12. ADJOURNMENT (Page 39)
* * * * * * * * * * *
1 MARCH 11, 2003
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION Page 7 3A-1 Film Tech Prep Grant Agreement with the FTC 3A-2 Resolution designating the Tri-City League as the advisory board for the Glades Champion Community 3A-3 Three (3) standard County agreements for the Department of Airports 3A-4 Three (3) standard Development Agreements for WU Page 8 3A-5 Final Payment for Stacy Street Water Main with Foster Marine Contractors, Inc. for WUD
B. CLERK 3B-1 Warrant List 3B-2 Minutes - None 3B-3 Contracts and claims settlements list.
C. ENGINEERING Page 8 3C-1 Public Facilities Agreement with PGA Gateway, Ltd., and The Grande at Palm Beach Gardens, Inc. 3C-2 Resolution vacating a utility easement 3C-3 Resolution vacating a utility easement 3C-4 FAA with the City of Riviera Beach Page 9 3C-5 Budget Transfer of $1,400 3C-6 Agreement with the Via Verde Homeowners’ Association, Inc. 3C-7 Payment to FPL for relocation of power lines 3C-8 Report of Plat Recordations 3C-9 Deleted Page 10 3C-10 A $3,387,836.27 Contract with Bergeron Land Development 3C-11 Reimbursement Agreement with the Newport Cove Homeowners’ Association 3C-12 Budget Transfer of $87,421 Page 11 3C-13 Supplement to Project Agreement with E.C. Driver, Inc. On Northlake Reliever
D. COUNTY ATTORNE 3D-1 Quit-Claim Deed to Herbert F. Kahlert, et al Page 11 3D-2 Settlement in Eminent Domain action 3D-3 Amendment No. 4 Agreement with Greenberg Trauig, P.A. and Weiss & Handler, P.A. for bond counsel services 3D-4 Amendment No. 5 to Agreement with Moyle Flanigan Katz Raymond & Sheehan, P.A. for bond counsel services
E. COMMUNITY SERVICES Page 12 3E-1 Cooperative Agreement with the School Board 3E-2 Project Amendment No. 21 to FDOE grant for Farmworker Jobs & Education Program 3E-3 Amendment No. 1 to the Use of Facility Agreement with For the Children Inc. 3E-4 Resolution authorizing the County Administrator to execute Ryan White Title I agreements
F. AIRPORTS Page 13 3F-1 Agreement to Purchase property located West of Runway 9L 3F-2 Terminal Building Lease Agreement with GSA
2 MARCH 11, 2003
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS Page 13 3H-1 JOC Work Order with Master Contracting to provide replacement bus lifts at the Palm Tran North maintenance facility 3H-2 JOC Work Order with H.A. Contracting for construction of a steam cleaning rack at Pahokee Fleet Page 14 3H-3 CSA No. 24 to Agreement with Stephen Boruff, AIA for PBSO Acreage Substation 3H-4 Contract with Republic Construction and Development Corp. for renovations of the fifth floor of the Governmental Center 3H-5 Contract with Hedrick Brothers Construction Co., Inc. for the Historic PBC Courthouse Restoration project Page 15 3H-6 Agreement with Stephen L. Boruff, AIA, for the Parks Administration Office Building Phase II 3H-7 Contract with Thyssenkrupp Elevator Corp. for modernization at the Main Jail 3H-8 Restrictive Covenant for maintenance of planing area in Logger’s Run District Park 3H-9 Resolution authorizing the conveyance of the County’s interest in property to the North Palm Beach Heights Water Control District Page 16 3H-10 Resolution authorizing the conveyance of the County’s interest in property to the City of West Palm Beach 3H-11 Resolution authorizing the conveyance of the County’s interest in property to the Village of Wellington 3H-12 Agreement for Purchase and Sale to acquire a property from Wild Orchid Holdings, Inc. Page 17 3H-13 First Amendment to Lease Agreement with George and Sandra Blumel for an office building 3H-14 Amendment No. 1 to Lease with Gerry Trader, Inc. for the Palm Tran Connection
I. HOUSING & COMMUNITY DEVELOPMENT 3I-1 Agreement with Alzheimer’s Community Care, Inc. 3I-2 Agreement with the Sickle Cell Foundation of PBC, Inc.
J. PLANNING, ZONING & BUILDING Page 18 3J-1 Fourteen (14) Resolutions for tax exemptions for historic properties located in WPB K. WATER UTILITIES 3K-1 CO No. 3 to Contract with Lanzo Construction Co.
Page 19 3K-2 CSA No. 8 to Contract with Mathews Consulting, Inc. For the Winsberg Farm Westlands Restoration Project
L. ENVIRONMENTAL RESOURCES MANAGEMENT Page 19 3L-1 Two (2) Agreements for Purchase and Sale of parcels of land in Unit 11 3L-2 Contract with Marinelife Center of Juno Beach, Inc. Page 20 3L-3 Contract with SFWMD for the Loxahatchee Slough Restoration Project
3 MARCH 11, 2003
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION Page 21 3M-1 Agreement with Palm Beach Shakespeare Festival, Inc. 3M-2 Agreement with the Town of Manalapan 3M-3 Agreement with the School Board Page 22 3M-4 Agreement with the School Board 3M-5 Agreement with the South Florida Opera Company, Inc. 3M-6 Agreement with the Village of Wellington Page 23 3M-7 Agreement with the City of Delray Beach 3M-8 Budget Transfer of $11,452 3M-9 Agreement with the Pleasant City Family Reunion Committee, Inc.
N. LIBRARY Page 24 3N-1 Travel for two (2) Library Advisory Board members to annual Library Days in Tallahassee
P. COOPERATIVE EXTENSION SERVICE Page 24 3P-1 Lease Agreement for land located in Boynton Beach for community gardens for the 4H Club
Q. CRIMINAL JUSTICE COMMISSION Page 24 3Q-1 Budget Transfer of $115,000
R. EMPLOYEE RELATIONS & PERSONNEL Page 24 3R-1 Amendment No. 1 to Contract with Evan R. Shapiro, MD
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN Page 25 3AA-1 Interlocal Agreement with the MPO for funds to construct bus shelters in cities which do not allow advertising on bus shelters
BB. COURT ADMINISTRATION Page 25 3BB-1 Contract with the Office of the State Attorney for the creation of the Domestic Violence Information System
4 MARCH 11, 2003
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF Page 25 CC-1 Enforcing Underage Drinking Laws grant Page 26 3CC-2 Creating a Culture of Integrity grant 3CC-3 FY2002 Federal Annual Certification Report
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 27 4A Presentation by The Palm Beach County School Readiness Coalition, Inc. 4B “Women’s History Month” 4C “Greek Independence Day” 4D “Gideon Day” 4E “ADD ON: American Red Cross Month” 4F Presentation by Dr. Jean Malecki
PUBLIC HEARINGS - 9:30 A.M.
Page 28 5A Construction Permit Fee Schedule Ordinance CONTINUED FROM 02/25/03 5B Resolution abandoning rights-of-way 5C Ordinance amending ULDC Article 15, Traffic Performance Standards Page 29 5D Ordinance amending ULDC Article 15, Traffic Performance Standards CONTINUED FROM 02/25/03 5E Special assessment process for the Laguna Park Area Water Main Extension Page 30 5F Special assessment process for the Country Club Acres Water Main Extension 5G Code Enforcement Citation Ordinance 5H ADD ON: Ordinance amending Article 4, Section 4.11 of the palm Beach Unified Land Development Code
REGULAR AGENDA
ADMINISTRATION Page 31 6A-1 Regional Business Plan for the Glades TIME CERTAIN 11:00 A.M. 6A-2 ADD ON: entering into additional Contracts for consulting/professional services with Southern Strategy Group and Pittman Law Group 6A-3 ADD ON: a Resoultion stating opposition to the position of the government of France regarding the possible use of military action in Iraq
COUNTY ATTORNEY 6B-1 Amendment No. 6 to Contract with Denise M. Dytrych, County Attorney
COMMUNITY SERVICES Page 32 6C-1 Recommendations from the Citizens Advisory Committee on Health and Human Services on Financially Assisted Agencies
5 MARCH 11, 2003
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
AIRPORTS Page 32 6D-1 Resolution adopting General Aviation Minimum Standards for PBIA
OFFICE OF FINANCIAL MANAGEMENT AND BUDGET Page 33 6E-1 Emergency local communications services tax conversion rate 6E-2 Budget Amendment of $7,200
ENGINEERING Page 33 6F-1 Resolution authorizing the County Administrator to execute the Amendment to the Blanket License Agreement with FEC 6G-1 DELETED ADD ON: a First Amendment to Exchange Agreement with United Civic organization, Inc Page 34 6H-1 ADD ON: a Second Amendment to the Option Agreement for sale and purchase with Bookside Tree Farm limited partership
BCC SITTING AS THE SOLID WASTE AUTHORITY
Page 35 7A Presentation to the Board by Donald L. Lockhart, Executive Director
BOARD APPOINTMENTS (Page 36)
MATTERS BY PUBLIC - 2:00 P.M. (Page 37)
STAFF COMMENTS (Page 38)
COMMISSIONER COMMENTS (Page 39)
ADJOURNMENT (Page 39)
6 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. APPROVED R-2003-0331 Staff recommends motion to approve: a $60,000 Film Tech Prep Grant Agreement with The Palm Beach County Film & Television Commission (FTC) commencing March 11, 2003 and ending March 10, 2004. SUMMARY: The $60,000 contract with the FTC will provide funding for (a) operational expenses for conducting the assessment of the Film & TV Tech Prep Program, which is entering its seventh year of operation, with the purpose of developing a program that meets the needs and standards of the Film & TV Industry in Palm Beach County and (b) marketing expenses to carry out the 8th Annual Palm Beach International Film Festival (PBIFF) Student Showcase. Sixty six percent of this grant ($40,000) will be matched with the FTC's and the PBIFF's personnel and consulting services expenses. In addition, the FTC will provide miscellaneous in-kind contributions. Through this twelve-month grant agreement, the FTC in partnership with the PBIFF will: a) create an Advisory Board that will analyze information from the program assessment and recommend program changes; b) conduct a survey among the film & TV industry employers to assess the workforce needs within the industry; c) propose a strategic plan for the next three to five years to develop a Film Tech Prep Program that meets the needs of the students and the film & TV industry; and d) market the film & TV activities to students and the general public through special events and presentations, including guest speakers. Countywide (DW)
2. ADOPTED R-2003-0332 Staff recommends motion to adopt: a Resolution by the Board of County Commissioners of Palm Beach County, Florida, designating the Tri-City League as the community-based advisory board to provide direction and assistance in the implementation of the strategic plan for the Glades Champion Community designated by the United States Department of Agriculture Rural Development. SUMMARY: The adoption of this Resolution designates the Tri-City League as the broad-based community advisory board to support the implementation of the Glades Champion Community’s strategic plan, and meets the requirements of the Federal Empowerment Zone/Enterprise Community Program administered by the U.S. Department of Agriculture Rural Development. District 6 (DW)
3. Staff recommends motion to receive and file: Three (3) Standard County contracts/agreements/grants for the Department of Airports.
A) APPROVED R-2003-0333 Agreement Covering the Operation of Aircraft with Britannia Airways, Ltd.;
B) APPROVED R-2003-0334 Agreement Covering the Operation of Aircraft with Chautauqua Airlines;
C) APPROVED R-2003-0335 Amendment No. 2 to the Airline-Airport Use and Lease Agreement with AirTran Airways, Inc.
4. Staff recommends motion to receive and file: The following three (3) Original Standard Development Agreements for the Water Utilities Department:
A) APPROVED R-2003-0336 Ronald Mastroianni & David Moscarelli 02-01066-000
B) APPROVED R-2003-0337 Lance S. Uhley, Trustee 02-10167-000
C) APPROVED R-2003-0338 Juana Aurora Vassallo, et al 05-01051-000
7 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION 5. APPROVED R-2003-0339 Staff recommends motion to receive and file: Final Payment for Stacy Street Water Main with Foster Marine Contractors, Inc. for the Water Utilities Department.
B. CLERK 1. Staff recommends motion to approve: Warrant List.
2. Staff recommends motion to approve: Minutes - None
APPROVED R-2003-0340 THROUGH R-2003-0342 3. Staff recommends motion to approve: Contracts and claims settlements list.
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to approve:
A) DELETED a Public Facilities Agreement with PGA Gateway, Ltd., and The Grande at Palm Beach Gardens, Inc. (The Grande); and
B) DELETED Budget Transfer of $899,866 in the Road Impact Fee Zone 1 Fund from Reserves to Prosperity Farms Road/PGA Boulevard to Lone Pine Road.
SUMMARY: Through this Agreement, the construction of a three lane section on Prosperity Farms Road from north of PGA Boulevard to Lone Pine Road will be expedited. Traffic impact fee credit will be provided to both PGA Gateway, Ltd., (a/k/a Legacy Place) and The Grande. Palm Beach County will reimburse impact fees previously paid by The Grande to assist with funding this work. District 1 (MRE)
2. ADOPTED R-2003-0343 Staff recommends motion to adopt: a Resolution vacating a six (6) foot wide utility easement being the north three (3) feet of Lots 60, 61, and 62, and the south three (3) feet of Lots 239, 240 and 241, as shown on the Plat of Kenwood in Plat Book 3, Page 44, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located on the south side of Cambridge Street and west of Military Trail. The petitioner is requesting the abandonment to utilize the abandoned area to develop a commercial site. District 2 (PK)
3. ADOPTED R-2003-0344 Staff recommends motion to adopt: a Resolution vacating a portion of a twelve (12) foot wide utility easement within Arvida Turnpike Plaza, Parcel E, recorded in Plat Book 40, Page 148, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located north of Glades Road and east of Florida Turnpike. The petitioner is requesting the vacation because a building was inadvertently constructed over the easement. District 5 (PK)
4. Staff recommends motion to approve:
A) APPROVED R-2003-0345 a Financial Assistance Agreement in the amount of $212,000 with the City of Riviera Beach for installation of street lighting along Avenue U between Dr. Martin Luther King Jr. Boulevard and West 18th Street within Riviera Beach City limits; and
B) APPROVED Budget Transfer of $212,000 in the Transportation Improvement Fund from Reserve for District 7 to Avenue U Street Lighting Project - District 7.
SUMMARY: This Agreement and Budget Transfer provide funding up to $212,000 to the City of Riviera Beach for installation of street lighting as part of the Avenue U Street Lighting project. District 7 (MRE)
8 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cond’t)
5. APPROVED Staff recommends motion to approve: Budget Transfer of $1,400 in the Transportation Improvement Fund from Reserve for District 4 to Banyan Creek Elementary Pathway Memorial - District 4. REVISED SUMMARY: This Budget Transfer will fund the installation of a memorial plaque and pedestal for the Banyan Creek Elementary School pathway along Barwick Road in Delray Beach. In the interest of the health safty and welfare of the traveling public, the Distric Commissioner wishes to fund this project to remind pedestrains, particular the children of Banyan Creek Elementary, to use caution while riding or walking along roads. The plague will be installed in a City of Delray Beach Park, immediately adjacent to the County right-of way, and will be maintained by the City. District 4 (MRE) (Eng)
ENGINEERING & PUBLIC WORKS (Cont’d) 6. Staff recommends motion to approve:
A) APPROVED R-2003-0346 an Agreement with the Via Verde Homeowners’ Association, Inc. to provide for their maintenance of landscaping and colored, stamped concrete to be installed by the County on the County’s Saint Andrews Boulevard in the first median south of Glades Road; and
B) APPROVED Budget Transfer of $22,323 in the Transportation Improvement Fund from Reserves for District 4 to Saint Andrews - South of Glades Road Beautification - District 4, to fund the County’s installation of the improvements.
SUMMARY: This item provides funding in an amount of $22,323 for the County’s installation of the beautification improvements on the County’s Saint Andrews Boulevard. Funding comes from the District 4 Gas Tax Reserves. The Association will be responsible for the perpetual maintenance of the improvements. District 4 (MRE)
7. APPROVED Staff recommends motion to approve: a Payment to Florida Power & Light Company (FPL) not-to-exceed $89,610.17 for the relocation of existing overhead transmission electric power lines, as required for the construction of Boynton Beach Boulevard and Military Trail. SUMMARY: This payment to FPL of up to $89,610.17 is required for the relocation of FPL’s existing overhead transmission electric power lines, to allow for the construction of Boynton Beach Boulevard and Military Trail. Payment to FPL is required because the facilities are covered by an existing recorded utility easement. Districts 3 & 5 (MRE)
8. APPROVED Staff recommends motion to receive and file: a Report of Plat Recordations from October 1 through December 31, 2002. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by Department of Engineering and Public Works Policies and Procedures Manual Item No. ED-O-11, governing administrative approval of plats by the County Engineer. Countywide (ME)
9. DELETED
9 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
ENGINEERING & PUBLIC WORKS (Cond’t)
10. Staff recommends motion to approve:
A) APPROVED R-2003-0347 a $3,387,836.27 Contract with Bergeron Land Development (BLD), the lowest responsive, responsible bidder, for the construction of Woolbright Road from Jog Road to Military Trail (project); and B) APPROVED Budget Amendment of $102,650 in the Transportation Improvement Fund to recognize utility reimbursements for the project.
REVISES SUMMARY: SUMMARY: The contract consists of all work necessary to construct the project. BLD has indicated a total Minority/Women Business Enterprise (M/WBE) participation of 12.79%, comprised of 8.7% Black, 2.29% Women and 1.8% Hispanic. The goals, as set in the contract, were 18% overall with a minium 6% Black. BLD met the minimum black participation goal, but failed to meet the overall M/WBE goal requirements for this project. However, they remain eligible for award of the contract since the second low bidder was also non-compliant and the third low bidder exceed the cost differential for consideration. District 5 (MRE)
11. Staff recommends motion to approve:
A) APPROVED R-2003-0348 a Reimbursement Agreement in the amount of $2,100 with the Newport Cove Homeowners’ Association for reimbursement of repairs to damaged irrigation equipment; and
B) APPROVED Budget Transfer of $2,100 in the Transportation Improvement Fund from Reserve for District 5 to Newport Cove Homeowners Association - District 5.
SUMMARY: This Agreement and Budget Transfer provide funding up to $2,100 to reimburse the Newport Cove Homeowners Association for damage to their irrigation equipment incurred as a result of construction to widen Hagan Ranch Road. District 5 (MRE)
12. Staff recommends motion to approve:
A) DELETED Budget Transfer of $87,421 in the Capital Outlay Fund from Contingency Reserves to George Bush Boulevard Bascule Bridge Repair and Painting; and
B) DELETED a $497,634.86 Contract with Astron General Contracting Company, Inc., the lowest responsive, responsible bidder, for the George Bush Boulevard Bascule Bridge Repair and Painting project.
SUMMARY: The project consists of repairs and painting of the steel lift span of the George Bush Boulevard bascule bridge. Due to the lack of Minority/Women Business Enterprise (M/WBE) business in the area of work required by this Contract, the Goal Setting Committee did not set goals for this Contract, but directed that a statement be added to the Contract documents advising the Contractor of the Board’s policy for utilizing M/WBE business where available. The Contractor, Astron General Contracting Company, Inc. did not achieve any M/WBE participation. A copy of the Contract and supporting Documentation is available for review at the Office of the County Engineer. District 4 (MRE)
10 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cond’t 13. APPROVED R-2003-0349 Staff recommends motion to approve: an $87,512.40 Supplement No. 18 to our Project Agreement with E.C. Driver, Inc. (ECD), on Northlake Reliever from Military Trail to Garden Road (Project). SUMMARY: Supplement No. 18 is necessary to provide additional design services to reduce the typical section, revise the plans to re-align the roadway and bridge to minimize right-of-way take on the northerly properties east of I-95, and revise related drainage and utility impacts for the Project. District 1 (PK)
D. COUNTY ATTORNEY
1. APPROVED R-2003-0350 Staff recommends motion to approve: a Quit-Claim Deed to Herbert F. Kahlert, and Karl A. Kahlert, individually and as Co-Trustees of Trust A under the will of Fritz M. Kahlert, conveying any County interest in certain rights-of-way in Palm Beach Farms Plat No. 3. SUMMARY: Recent recorded quit-claim deeds to the County from West Peninsular Title Company and Absolute, Inc. have raised title issues. County Quit-Claim Deeds have been used to resolve this title issue with other affected property owners. The alternative is a quiet title action to clear the title with litigation costs to the County. This Quit-Claim Deed covers certain Palm Beach Farms Plat No. 3 right-of-way strips that had lost public dedication through the West Peninsular federal lawsuit. The property is located at 10931 Jog Road, Boynton Beach, Florida 33437. District 5 (PFK)
2. DELETED Staff recommends motion to approve: Settlement in the Eminent Domain action styled Palm Beach County v. Payless ShoeSource, Inc., et al., Case No. CL-02-1928-AO, for improvements to Lake Worth Road and Military Trail, Project No. 2000102 in the amount of $197,500. SUMMARY: Pursuant to an Agreed Order of Taking entered April 5, 2002, the County acquired fee simple title to Parcel 100 and a temporary construction easement on Parcel 200 for improvements at the intersection of Lake Worth Road and Military Trail. The case was settled for $197,500 at mediation on January 31, 2003 subject to the approval of the Palm Beach County Board of County Commissioners. The Settlement is inclusive of all damages of any type whatsoever, but exclusive of attorney's fees and costs. Districts 2 & 3 (PM)
3. APPROVED R-2003-0351 Staff recommends motion to approve: Amendment No. 4 to the Agreement (R98-2078D) with the law firms of Greenberg Traurig, P.A. and Weiss & Handler, P.A., to provide bond counsel and related legal services for the $50 Million General Obligation Bonds for Parks and Cultural Facilities. SUMMARY: The law firms were selected as bond counsel for the above financing by the Board at the February 25, 2003 meeting. This Amendment confirms that selection by amending the existing Agreement for bond counsel and related services between Palm Beach County and the law firms. Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. Countywide (PFK)
4. APPROVED R-2003-0352 Staff recommends motion to approve: Amendment No. 5 to the Agreement (R98-2077D) with the law firm of Moyle Flanigan Katz Raymond & Sheehan, P.A., to provide bond counsel and related legal services for the approximately $27 Million refunding of the outstanding Water and Sewer Refunding Bonds, Series 1993 A and B. SUMMARY: The law firm was selected as bond counsel for the above financing by the Board at the February 25, 2003 meeting. This Amendment confirms that selection by amending the existing Agreement for bond counsel and related services between Palm Beach County and the law firm. Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. Countywide (PFK)
11 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
E. COMMUNITY SERVICES
1. DELETED Staff recommends motion to approve: Cooperative Agreement with the School Board of Palm Beach County to provide Exceptional Student Education programs to eligible Head Start children for the period July 1, 2003 through June 30, 2004. SUMMARY: The School Board will provide services to students as specified in the students' Individual Education Plan. Head Start will screen for vision, speech, hearing, development and behavior to identify children that are appropriate for the program. The services provided by the School Board will be at no cost to the County. (Head Start) Countywide (TKF)
2. APPROVED R-2003-0353 Staff recommends motion to approve: Project Amendment No.1 to the Florida Department of Education (FDOE) grant (R2002-0643; dated May 7, 2002) increasing the grant by $50,000 for the period July 1, 2002 through June 30, 2003. SUMMARY: The Farmworker Jobs & Education Program is funded by the State FDOE and operates on the State's fiscal year of July 1 through June 30. The initial grant from FDOE was $425,736 to provide education and training opportunities to farmworkers and their dependents. FDOE identified carryover funds and has allocated an additional $50,000 to Palm Beach County bringing the total grant award to $475,736. No County funds are required. (Farmworker Program) Countywide (TKF)
3. DELETED Staff recommends motion to approve: Amendment No. 001 to the Use of Facility Agreement (R2002-2053; dated November19, 2002) with For the Children, Inc. for the period April 1, 2003 through December 31, 2003 at a not-to-exceed amount of $6,751. SUMMARY: This Amendment will provide for a part-time Creole speaking meal site manager at the For the Children, Inc. site located at 1718 South Douglas Street, Lake Worth, Fl 33460. This site consists of mostly Creole speaking individuals who speak little or no English. Funding consists of $6,076 in Federal funds and $675 in County match. These funds are included in the budget. (DOSS) Countywide except for portions of District 3,4,5 and 7 south of Hypoluxo Road (TKF)
4. ADOPTED R-2003-0417 Staff recommends motion to adopt: Resolution authorizing the County Administrator and/or his designee to execute Ryan White Title I agreements with eligible provider agencies for the period March 1, 2003 through February 29, 2004. SUMMARY: a Notice of Grant Award from the Department of Health and Human Services Health Resources and Services Administration (HRSA) was received on February 18, 2003 that conveys a partial award for FY2003 (the period March 1, 2003 through February 29, 2004). The partial award is based on 33.7% of the amount awarded for FY2002. The RFP process has been completed and current agencies, as well as new agencies have been recommended to receive funding. However, due to being awarded only partial funding from HRSA, at this time only the agencies that are currently providing services are being recommended to receive funds to ensure program continuity. When the remaining funds are awarded, additional agencies will be awarded contracts. Because of the length of time between Board meetings, the late receipt of the “Notice of Grant Award” and a much needed effort to provide continuous services to affected HIV clients, it is necessary to request that the County Administrator and/or his designee be given the authority to execute contracts with approved, eligible provider agencies. (Ryan White) Countywide (TKF)
12 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
F. AIRPORTS
1. APPROVED R-2003-0354 Staff recommends motion to approve: an Agreement to Purchase the following property at a total cost of $ 90,000. Said property is located West of Runway 9L at Palm Beach International Airport:
Frances Gabaldon 4939 Homewood Drive West Palm Beach, FL 33415 Parcel W-261 Sales Price $ 90,000 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 (GPS)
2. APPROVED R-2003-0355 Staff recommends motion to approve: the Terminal Building Lease Agreement with the General Services Administration (GSA), an Executive Agency of the United States of America, effective upon approval by the Board. SUMMARY: This Terminal Building Lease Agreement provides for the GSA to lease 455 square feet of type four space located in the terminal building at PBIA to be used as a training and breakroom area and support for the Transportation Security Administration (TSA). The term of the Agreement is November 1, 2002 through October 31, 2003 and shall automatically be extended on a year-to-year basis with a 90 day cancellation clause by either party. Current annual rental for type four is $37.02 per square foot. The Agreement provides for the Director of Airports to approve amendments that increase or decrease leased space. Countywide (LMB)
H. FACILITIES DEVELOPMENT & OPERATIONS
1. APPROVED R-2003-0356 Staff recommends motion to approve: JOC Work Order No. 03-070 with Master Contracting, (R2002-1047) in the amount of $90,428.36 to provide replacement bus lifts at the Palm Tran North maintenance facility in West Palm Beach. SUMMARY: The work consists of replacing the pistons, cylinders, motors, pumps and hydraulics for two of the four existing in-ground bus lifts. The M/WBE participation in this work order is 100.0% Overall, of which 0% is Black, 100% is Hispanic and 0% is Women. When the participation for this work order is added to Master’s total participation from the original contract date of July 9, 2002, the resulting values are 100.0% Overall, of which 14.5% is Black, 83.5% is Hispanic, 0% is Other, and 2.0% is Women. The contractual goals are 20% Overall and 10% Black. This work order is being sent for Board approval since the total project cost now exceeds $100,000 (the original Work Order No. 02-237 for $90,428.36 was approved by CRC on 11/20/02 for replacement of the first two lifts). The construction duration for this work is 120 days. (FD&O Admin) District 7 (JM)
2. APPROVED R-2003-0357 Staff recommends motion to approve: JOC Work Order No. 03-078 with H.A. Contracting, (R2001-0926) in the amount of $118,605.88 for construction of a steam cleaning rack with a water recycling system for the cleaning of equipment, engines and parts at Pahokee Fleet. SUMMARY: The work consists of providing a 1500 s.f. concrete slab with a raised curb on three sides, slopped to center drains, with a steam cleaning equipment rack, connected to a water recycling system. Demucking under the slab with two feet of replacement fill is included. The M/WBE participation in this work order is 10.1% Overall, of which 10.1% is Black. When the participation for this work order is added to H.A.’s total participation from the original contract date of June 19, 2001, the resulting values are 22.6% Overall, of which 14.3% is Black, 1.9% is Hispanic, and 6.4% is Women. The contractual goals are 20% Overall and 10% Black. The construction duration for this work is 120 days. (FD&O Admin) District 6 (JM)
13 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
3. POSTPONED FOR 30 DAYS Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 24 to the Agreement (R99-742D) with Stephen Boruff, AIA Architects and Planners, Inc., to provide architectural/engineering services for PBSO Acreage Substation in the amount of $75,000. SUMMARY: This authorization is to provide architectural/engineering services for a new Level 2 PBSO Substation of up to 5000 square feet in size to be located near the intersection of 180th Street and Orange Boulevard in the Acreage adjacent to the new 99HH middle school with an estimated construction cost of $800,000. The County and School Board staffs have agreed to the property being used for the substation and are in the process of preparing the lease agreement. Staff is recommending that the design proceed ahead of finalizing the lease agreement so that the design can be coordinated with the school design. Consulting services include the design, bidding assistance and construction observation and coordination. The CSA includes a reuse provision and a reduced fee for future Substations. Boruff has an annual contract for Architectural Services, which provides for an overall M/WBE participation goal of 27.5%. The participation on this CSA is 22.6% (5.3% Black, 17.3% Hispanic). When added to the Consultant’s participation to date under this Contract, the resulting M/WBE participation is 18.1% 19% This project will meet all applicable codes, laws, and ordinances, including accessibility requirement of ADA. (Capital Improvements Division) District 6 (JM)
4. APPROVED R-2003-0358 Staff recommends motion to approve: a Contract with Republic Construction and Development Corporation for the renovations to the fifth floor of the Government Center in the amount of $775,451. (Price includes Alternates 1, 2, and 3) SUMMARY: The project consists of renovation of approximately 33,000 square feet of Property Appraiser space and building infrastructure (HVAC, power, data, and life safety) upgrades. The Contract duration of this project is 547 calendar days and includes eight (8) separate phases. The overall M/WBE goal for this project is 12.0% with a minimum of 4% black. Republic Construction and Development Corporation has committed to 19.8% overall participation with 4.3% black participation. The design will meet all applicable codes, laws and ordinances, including accessability requirements of ADA. (Capital Improvements Division) District 7 (JM)
5. APPROVED R-2003-0419 Staff recommends motion to approve: a Contract with Hedrick Brothers Construction Co., Inc. for construction management services for the Historic Palm Beach County Courthouse Restoration project in the amount of $46,913 for pre-construction services. SUMMARY: This Contract provides for construction management services associated with the design and restoration of the 1916 Historic Palm Beach County Courthouse. This facility will consist of approximately 36,000 square feet of renovation and reconstruction of the original 1916 Courthouse together with the demolition of the 1970, 1955, and 1927 structures. Additionally, the project will include site development of the courthouse parcel including landscape and hardscape improvements and the improvements to the courtyard between the Courthouse and Governmental Center. The first phase of the Contract is for preconstruction phase services only. When construction documents are completed by the project architect, REG Architects, Inc., Hedrick Brothers Construction Co., Inc. will prepare two (2) Guaranteed Maximum Prices (GMP). Construction is anticipated to consist of two (2) phases; the first phase consists of demolition of the 1970 Courthouse addition and the second phase consists of the selective demolition of the 1955 and 1927 additions together with the historic restoration and interior build-out of the 1916 structure. Each GMP will include the cost of work required by the contract documents and the construction manager’s fee associated with project construction. The Phase I GMP and Phase II GMP will each be presented to the Board of County Commissioners as amendments to this Contract. The M/WBE goal and contractor’s participation rate for this project has not been determined. (Capital Improvements Division) Countywide (JM)
14 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
6. APPROVED R-2003-0359 Staff recommends motion to approve: Agreement with Stephen L. Boruff, AIA, Architects & Planners, Inc. for professional architectural and engineering services for the Parks and Recreation Department Administration Office Building Phase II in the amount of $137,550. SUMMARY: This project consists of the Phase II design of approximately 12,300 sq. ft. single story facility to accommodate the administrative offices of the Parks and Recreation Department located in John Prince Park. Services will include design development, construction documents, bidding and construction administration for Phase II building and associated site work. The estimated construction cost for Phase II is $2,100,000. Pursuant to this Contract, Stephen L. Boruff, AIA, Architects & Planners, Inc. agrees to an overall minority participation of 17.1% ( 3.6% Black, 13.5% Hispanic). The facility will meet all applicable codes, laws, and ordinances, including accessibility requirements of ADA. (Capital Improvements Division) District 3 (JM)
7. APPROVED R-2003-0360 Staff recommends motion to approve: a Contract with Thyssenkrupp Elevator Corporation in the amount of $116,853 for providing modernization of the elevators in the east and west towers at the Main Jail. SUMMARY: This project was requested to improve operation of the four elevators in the original jail towers (approximately 18 years old) as well as bring the elevators into compliance with all current code requirements. The work consists of replacing all controllers, replacing car top inspection stations, providing new leveling systems, replacing all pushbutton fixtures, replacing the remote control panels, and replacing all existing hoist way and machine room wiring. Any work performed will be in accordance with the Contract and satisfy all code requirements. Due to lack of M/WBE businesses in the area of work required by this Contract, the Goal-Setting Committee did not set any goals for this Contract, but directed that a statement be added to the Contract Documents advising the contractor of the Board’s policy for utilizing M/WBE businesses. There is 4.0% M/WBE participation in this contract. (FD&O Admin) District 2 (JM)
8. APPROVED R-2003-0361 Staff recommends motion to approve: a Restrictive Covenant providing for maintenance of littoral planting areas in Logger's Run District Park. SUMMARY: Logger's Run District Park is located on the north side of Palmetto Park Road adjacent to the Logger's Run subdivision. The Park is currently under construction and will be completed mid 2003. The Restrictive Covenant ensures that the current property owner, (Palm Beach County), and any future property owners will maintain the designated water tracts and planted littoral shelves as required by Section 7.6 of the Palm Beach County Unified Land Development Code. (PREM) District 5 (HJF) 9. Staff recommends motion to: A) ADOPTED R-2003-0362 adopt a Resolution authorizing the conveyance of the County’s interest in a Tax Deed property consisting of 6.25 acres of vacant land to the North Palm Beach Heights Water Control District without charge and with reservation of mineral rights, but without rights of entry and exploration; and
B) APPROVED approve a County Deed in favor of the North Palm Beach Heights Water Control District.
SUMMARY: North Palm Beach Heights Water Control District (NPBHWCD) has requested the conveyance of a 6.25 acre parcel of surplus County property which includes the NC-6 outfall canal, located in the Town of Jupiter, south of Toney Penna Drive. This property was acquired by Tax Deed on February 27, 2002. This property is 100' by 2,722.50' (6.25 acres), and is currently in use as a drainage canal and embankment and has no development potential. By deeding this property to NPBHWCD it will reduce the County’s liability and maintenance responsibilities. The property will be included in NPBHWCD’s maintenance program of their canal system. The assessed value of this property is $1,818. The County will retain mineral rights in accordance with Florida Statutes Section 270.11, but without rights of entry and exploration. (PREM) District 1 (HJF)
15 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d) 10. Staff recommends motion to:
A) ADOPTED R-2003-0363 adopt a Resolution authorizing the conveyance of the County’s interest in 0.12 acres of vacant land to the City of West Palm Beach without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and
B) ADOPTED R-2003-0364 adopt a Resolution authorizing the conveyance of the County’s interest in twenty-five (25) properties totaling 2.75 acres of vacant land to the City of West Palm Beach without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and
C) APPROVED approve twenty-six (26) County Deeds in favor of the City of West Palm Beach.
SUMMARY: The City of West Palm Beach has requested the conveyance of twenty-six (26) parcels of surplus County property within their jurisdiction. One parcel was acquired in 1949 by warranty deed and twenty-five (25) parcels were acquired by tax deeds between February and November 2002. These 26 parcels will be used by the City of West Palm Beach for affordable housing and recreational purposes. The total assessed value of these properties is $191,064. The County will retain mineral and petroleum rights in accordance with Florida Statues Section 270.11, without rights of entry and exploration. (PREM) Districts 2 & 7 (HJF)
11. Staff recommends motion to:
A) ADOPTED R-2003-0365 adopt a Resolution authorizing the conveyance of the County’s interest in four (4) properties, totaling 0.48 acres of vacant land, to the Village of Wellington without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and
B) APPROVED approve four (4) County Deeds in favor of the Village of Wellington.
SUMMARY: The Village of Wellington has requested the conveyance of four (4) parcels of surplus County property within their jurisdiction which the County acquired by tax deeds within the past six years. The properties will be used by the Village of Wellington for municipal purposes. The total assessed value of these properties is $20,725. The County will retain mineral and petroleum rights in accordance with Florida Statutes Section 270.11, but without rights of entry and exploration. (PREM) District 6 (HJF)
12. Staff recommends motion to approve:
A) DELETED an Agreement for Purchase and Sale to acquire a 1.02 acre property from Wild Orchid Holdings, Inc. for $65,000; and
B) DELETED a Memorandum of Agreement to be recorded in the public records to provide notice of the existence of this Agreement. SUMMARY: Wild Orchid Holdings, Inc. is the owner of a 1.02 acre lot on the southwest corner of Haverhill Road and Stacey Street in West Palm Beach. This vacant site was chosen by the PREM staff an alternate site when it was determined that the initially identified site could not be developed adequately as a neighborhood park. Staff obtained an appraisal of the 1.02 acre site indicating a value of $58,000 ($1.31/sf). However, the property owner purchased the site in 1990 for $83,500 and was unwilling to sell at the appraised value. A price of $65,000 was the lowest sales price Wild Orchid Holdings, Inc. was willing to accept. Staff believes that this is the only available site which will meet the program objectives, and therefore, recommends approval of this purchase above the appraised value. (PREM) District 6 (HJF)
16 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d) 13. ADOPTED R-2003-0366 Staff recommends motion to approve: the First Amendment to Lease Agreement (R2000- 842) with George and Sandra Blumel, as Trustees of Land Trust dated 11/18/88. SUMMARY: On June 20, 2000, the County entered into a Lease Agreement with the Blumel’s for a 10,000 sf office building with associated parking at 1937 10th Avenue North in Lake Worth. Both the Blumel’s and the County performed modifications to the site prior to occupancy to meet County’s requirements. The initial term of the Agreement expires on June 20, 2003, and contains a three-year extension option. The First Amendment exercises the option to extend the Agreement to June 19, 2006, with the right to cancel any time after October 20, 2005. The annual rent is $70,000. In addition, the County is responsible for its proportionate share of operating costs estimated at $19,500. The gross rent is $89,500 (8.95/sf). The First Amendment also allows the County to perform $15,000 of interior building alterations to the site. These improvements have already been completed, and the entire cost will be reimbursed by the Blume’s through monthly rental credits. The alterations consisted of replacement of the ceiling grid tiles and complete cleaning of the underside of the roof deck as detailed on Exhibit “E” of the First Amendment. (PREM) District 3 (HJF)
14. APPROVED R-2003-0367 Staff recommends motion to approve: Amendment Number One to Lease Agreement (R2000-2059) with Gerry Trader, Inc. REVISED SUMMARY: On December 19, 2000, the County, on behalf of Palm Tran Connection, entered into a Lease Agreement with South Atlantic Properties Group, Inc. for office space at the Palm Coast Plaza located at 3040 South Military Trail in Lake Worth. In November 2002, the Palm Coast Plaza was sold to Gerry Trader, Inc. The Lease grants the County the option to rent adjacent space that becomes available under the same terms and conditions. New space has become available and is needed for Palm Tran Connection’s management staff, leaving the current site as an operations, processing and storage center. The initial term of the Lease expires on March 31, 2004, and contains five (5) one-year extension options. This Amendment provides for expansion of the leased premises by 2,675 sf and exercises the first one-year extension option, thereby extending the Lease to March 31, 2005. The current gross annual rent is $84,180 ($14.03/sf). This additional space increases the rate by $37,524 ($14.03/sf) for a total of $121,434 ($14.03/sf). The landlord will perform required tenant improvements at its cost. (PREM) District 3 (HJF)
I. HOUSING & COMMUNITY DEVELOPMENT 1. APPROVED R-2003-0368 Staff recommends motion to approve: an Agreement with Alzheimer’s Community Care, Inc., for the construction of an adult care facility in the City of Pahokee, in the amount of $250,000 in Community Development Block Grant (CDBG) funds for the period of March 11, 2003 through April 30, 2004. SUMMARY: CDBG funds will be used for the construction of a 2,500 square-foot facility at 470 SE 1st Street in the City of Pahokee. The facility will provide comprehensive services to Alzheimer’s and related disorders patients, their families, and care givers. These services will include complete care management, 24-hour crisis services, support groups, and specialized adult daycare. The facility will also be used as a special medical needs hurricane shelter. These services are currently housed in a facility owned by the City of Pahokee. The City of Pahokee has donated land for the construction of the facility. The estimated cost of the project is $364,000. The shortfall of $114,000 will be provided by the recipient. This agreement will provide $250,000 in Federal CDBG funds which do not require local matching funds. District 6 (TKF)
2. APPROVED R-2003-0369 Staff recommends motion to approve: an Agreement with the Sickle Cell Foundation of Palm Beach County, Inc. in the amount of $50,467 from FY 2002-03 Community Development Block Grant (CDBG) funds to provide case management and outreach services for the period of October 1, 2002 through September 30, 2003. SUMMARY: In its Annual Consolidated Plan for FY 2002-03, the Board of County Commissioners allocated CDBG funds for the provision of public services, fair housing activities and activity delivery costs. This agreement will allocate $50,467 in CDBG funds to the Sickle Cell Foundation of Palm Beach County, Inc. for the provision of case management and outreach to 138 persons. This is Federal CDBG funds that require no local match. Countywide (TKF)
17 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
J. PLANNING, ZONING & BUILDING 1. Staff recommends motion to:
A) ADOPTED adopt Resolutions of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for fourteen (14) historic properties located within the City of West Palm Beach; and
B) APPROVED approve Restrictive Covenants for each historic property, requiring the qualifying Improvements be maintained during the period that the tax exemption is granted.
SUMMARY: These resolutions will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach:
735 Ardmore Road R-2003-0370 204 Monroe Drive R-2003-0377
310-320 Belvedere Road R-2003-0371 715 Park Place R-2003-0378
711 Flamingo Drive R-2003-0372 232 Plymouth Road R-2003-0379
1318 Florida Avenue R-2003-0373 328 Plymouth Road R-2003-0380
701 Kanuga Drive R-2003-0374 343 Plymouth Road R-2003-0381
811 Kanuga Drive R-2003-0375 3135 Washington Road R-2003-0382
815 Kanuga Drive R-2003-0376 645 36th Street R-2003-0383
If granted the tax exemption shall take effect January 1, 2003, and shall remain in effect for ten (10) years, or until December 31, 2012. The exemption shall apply to 100 percent of the assessed value of all improvements to each property, which resulted from restoration, renovation, or rehabilitation of the property. Based on the 2002 millage rate, it is estimated that approximately $7,400 tax dollars will be exempted annually. Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. Districts 2 & 7 (AP)
K. WATER UTILITIES
1. Staff recommends motion to approve:
A) APPROVED R-2003-0384 Change Order No. 3 to the Contract with Lanzo Construction Company (R2002-1511) for the West Atlantic Avenue 42-Inch Water Main Extension Project, decreasing the contract price by $106,950.40; and
B) APPROVED R-2003-0385 Final payment to Lanzo Construction Company (R2002-1511) in the amount of $44,704.13.
SUMMARY: Lanzo Construction Company has satisfactorily completed all work associated with the 42-Inch Water Main Extension Project along West Atlantic Avenue and has requested final payment. Change Order 3 reconciles the final piping quantities installed, reduces the contract allowances, and eliminates the phase I early completion bonus. The total change orders to date, including a previous change order associated with the County’s Sales Tax Recovery Program, has decreased the contract amount from $3,590,750 to $2,235,206.27 (38% decrease). The minority participation goal established by the Goal Setting Committee for this project is 8.0% overall (3.0% B). The contractors cumulative M/WBE participation, including this final change order, is 12.88% overall (6.20% B, 4.98% H, 1.69% W). The Office of Small Business Assistance has recommended approval of the final payment. (WUD Project No. 01-078) District 5 (JM)
18 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
2. APPROVED R-2003-0386 Staff recommends motion to approve: Consultant Services Authorization No. 8 to the Contract with Mathews Consulting, Inc. (R2002-0573) for Constructibility Analysis and Value Engineering Services for the Winsberg Farm Wetlands Restoration Project in the amount of $59,827. SUMMARY: This Authorization provides for Mathews Consulting, Inc. to perform constructibility and value engineering services for the Winsberg Farm Wetlands Restoration Project. This review will help to ensure a quality and cost-effective design, with the result being a reduced potential for change orders and contractor claims. Historically these reviews provide construction savings which greatly exceed the cost of the review. The contract with Mathews Consulting, Inc. includes the minority participation goals (2.50% B, 2.50% H, 56.00% W, and 2.50% O), established by the Palm Beach County Ordinance (No. 93-28, amended). This consultant services authorization includes 67.14% overall participation (21.77% B, 10.02% H and 35.35% W). The consultants cumulative M/WBE participation, including this authorization, is 70.59% overall (5.60% B, 2.56% H and 62.43% W). (WUD Project No. 03- 061) District 5 (JM)
L. ENVIRONMENTAL RESOURCES MANAGEMENT
1. APPROVED R-2003-0387 THROUGH R-2003-0388 Staff recommends motion to approve: Two (2) Agreements for Purchase and Sale involving two (2) parcels (2.60 acres) of land in Unit 11 to be purchased using mitigation funds. The cost of purchasing these properties is $15,600 (land cost), plus $910 (closing and miscellaneous costs), for a total of $16,510. SUMMARY: The Agreements presented in this item are for two (2) parcels in Zone 4 and are at a purchase price equivalent to the $6,000 per acre jury verdict rendered on November 13, 2001, in the Unit 11, Zone 1 case. 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 1,463.55 acres. District 1 (HJ)
2. APPROVED R-2003-0389 Staff recommends motion to approve: a Contract with Marinelife Center of Juno Beach, Inc. in the amount not-to-exceed $137,493 for sea turtle monitoring in association with activities related to beach nourishment in the North County area and continued operation of the Juno Beach Pier, effective upon execution and expiring December 31, 2005. SUMMARY: The County completed construction of the Juno Beach Shore Protection Project in 2001. Environmental permits issued for the Project by state and federal agencies require specific monitoring activities to assess the impact of the beach nourishment on sea turtles for up to three (3) nesting seasons post-construction. These permits require two (2) years of pre- construction data before the next renourishment project, which is proposed for 2006. In addition, the current state permit for the Juno Beach Pier requires that medical assistance be provided for any turtles trapped or injured by fishing activities off the Pier. Comparative sediment temperature monitoring will also be performed at Juno Beach and Jupiter Carlin. The Contract will enable the Marinelife Center of Juno Beach, Inc. to perform this work for Palm Beach County. District 1 (ND)
19 MARCH 11, 2003
3. CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends motion to:
A) APPROVED R-2003-0390 approve Contract No. C-15173 with the South Florida Water Management District (SFWMD) for the Palm Beach County Loxahatchee Slough Restoration Project, commencing upon execution in FY2003 for a period of three (3) years, in an amount not to exceed $750,000;
B) APPROVED approve Budget Amendment of $600,000 in the $75M General Obligation Conservation Land 1999 Bond Fund (307) for the Loxahatchee Slough Project Account (E270);
C) APPROVED approve Budget Amendment of $150,000 in the $75M General Obligation Conservation Land 2001 Bond Fund (308) for the Hungryland Slough Project Account (E200);
D) AUTHORIZED authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
SUMMARY: State matching funds, which are administered by the District, were requested. The Contract will provide $750,000 in funding for the Loxahatchee Slough Restoration Project (Project), on a reimbursement basis. The County’s share of the $1,500,000 project cost is $750,000 to be paid from Conservation Lands Bond Funds. The match (expenses and in-kind costs) is retroactive to July 1, 2002. The purpose of the Project is to address the problems associated with hydrological changes in the Loxahatchee Slough basin caused by berms and ditches that were constructed in the past, and the detrimental effects of the invasive exotic vegetation that has become established in this area. Exotic vegetation will be removed and treated. Some ditches will be filled and berms removed. District 1 (ND)
20 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends motion to approve:
A) APPROVED R-2003-0391 Agreement with the Palm Beach Shakespeare Festival, Inc., in an amount not-to-exceed $10,000 for the period March 11, 2003 through July 31, 2003, for funding of Shakespeare by the Sea XIII at Carlin Park; and
B) APPROVED Budget Transfer of $10,000 within the Park Improvement Fund from Reserves for District 1 to Palm Beach Shakespeare Festival/Shakespeare by the Sea XIII.
SUMMARY: Shakespeare by the Sea XIII is the thirteenth annual Shakespeare play produced by the Palm Beach Shakespeare Festival, Inc., at Carlin Park, which is presented to the public free of charge. Expenses eligible for reimbursement include salaries and fees, production and technical support, event promotion, festival production and technical support. Funding is from District 1 Recreation Assistance Program (RAP) reserves. District 1 (GB)
2. Staff recommends motion to approve:
A) APPROVED R-2003-0392 Agreement with the Town of Manalapan in an amount not-to-exceed $4,276 for the period March 11, 2003 through May 31, 2003, for funding of the J. Turner Moore Memorial Library Lecture Series; and
B) APPROVED Budget Transfer of $4,276 within the Park Improvement Fund from Reserves for District 4 to Manalapan/Lecture Series.
SUMMARY: The Town of Manalapan provides the J. Turner Moore Memorial Library Lecture Series on an annual basis as a cultural and recreational activity. Expenses eligible for reimbursement include speaker fees, printing costs, and postage. The Agreement has been written to allow for the reimbursement of eligible pre-agreement costs subsequent to January 15, 2003, since expenses for the lecture series were initiated on that date. Funding is from Recreation Assistance Program (RAP) reserves. District 4 (GB)
3. Staff recommends motion to approve:
A) APPROVED R-2003-0393 Agreement with the School Board of Palm Beach County in an amount not-to-exceed $5,700 for funding of expenses for the Royal Palm Beach High School Band for the period March 11, 2003 through March 10, 2004; and
B) APPROVED Budget Transfer of $5,700 within the Park Improvement Fund from Reserves for District 6 to School Board/Royal Palm Beach High School/Band Expenses.
SUMMARY: Royal Palm Beach High School provides uniforms and equipment for its Band Program. This Agreement and Budget Transfer provide $5,700 to help offset costs for band uniform pants, a bassoon, and miscellaneous expenses associated with uniforms and instruments. The Agreement has been written to allow for the reimbursement of eligible pre- agreement costs subsequent to January 15, 2003, since the school began incurring expenses on that date. Funding is from Recreation Assistance Program (RAP) reserves. District 6 (GB)
21 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
4. Staff recommends motion to approve:
A) APPROVED R-2003-0394 Agreement with the School Board of Palm Beach County in an amount not-to-exceed $5,000 for funding of choral attire for Wellington High School for the period March 11, 2003 through September 10, 2003; and
B) APPROVED Budget Transfer of $5,000 within the Park Improvement Fund from Reserves for District 6 to School Board/Wellington High School/Choral Attire.
SUMMARY: Wellington High School provides choral attire for students participating in its music program. This Agreement and Budget Transfer provide $5,000 to help offset expenses for choral attire to include dresses and shipping costs. The Agreement has been written to allow for the reimbursement of eligible pre-agreement costs subsequent to September 1, 2002, since the school began incurring expenses on that date. Funding is from Recreation Assistance Program (RAP) reserves. District 6 (GB)
5. Staff recommends motion to approve:
A) APPROVED R-2003-0395 Agreement with the South Florida Opera Company, Inc., in an amount not-to-exceed $5,000 for the period March 11, 2003 through July 31, 2003, for funding of “Madama Butterfly”; and
B) APPROVED Budget Transfer of $5,000 within the Park Improvement Fund from Reserves for District 6 to South Florida Opera/Madama Butterfly.
SUMMARY: The South Florida Opera Company will present the opera “Madama Butterfly” at Wellington Community High School on April 2 and April 4, 2003. This funding provides $5,000 to assist in South Florida Opera’s costs for artists’ fees, costumes, theater rental, orchestra, transportation, hotels, sets, props, publicity, and printing. Expenses for the production were incurred beginning on January 1, 2003, and the Agreement was written to reflect the reimbursement of eligible project costs subsequent to that date. Funding is from District 6 Recreation Assistance Program (RAP) reserves. District 6 (GB)
6. Staff recommends motion to approve:
A) APPROVED R-2003-0396 Agreement with Village of Wellington in an amount not-to-exceed $3,500 for the period March 11, 2003 through September 10, 2003, for funding of the Wellington Art Festival; and
B) APPROVED Budget Transfer of $3,500 within the Park Improvement Fund from Reserves for District 6 to Wellington/Art Festival.
SUMMARY: The Village of Wellington held the Wellington Art Festival as a special event on January 11 and 12, 2003, at western edge of the Mall at Wellington Green. This funding is to help offset costs paid by Wellington for arts and craft supplies, tent rentals, judging fees, and signage. Expenses for the festival were initiated by Wellington on October 1, 2002, and the Agreement was written to allow for the reimbursement of eligible expenses incurred subsequent to that date. Funding is from District 6 Recreation Assistance Program (RAP) reserves. District 6 (GB)
MARCH 11, 2003
22 3. CONSENT AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
7. Staff recommends motion to approve:
A) APPROVED R-2003-0397 Agreement with the City of Delray Beach in an amount not-to-exceed $20,000 for the funding of special events for the period March 11, 2003 through June 10, 2003; and
B) APPROVED Budget Transfer of $20,000 within the Park Improvement Fund from Reserves for District 7 to Delray Beach/Special Events.
SUMMARY: The City of Delray Beach sponsored the Caribbean-American Music Festival held on June 1, 2002, and The Glory Awards held from May 11, 2002 through June 1, 2002. This funding is to help offset costs incurred by the City for the two events for entertainment, dancers, a community film, food, crafts, bands, site rental, security, printing, insurance, and catering. Expenses for the Events were initiated by the City of Delray Beach beginning on April 1, 2002, and the Agreement was written to allow for the reimbursement of eligible expenses subsequent to that date. Funding for the Events is from Recreation Assistance Program (RAP) reserves. District 7 (GB)
8. APPROVED Staff recommends motion to approve: Budget Transfer of $11,452 within the Park Improvement Fund from Reserves for District 2 to Lake Lytal Pool/Equipment. SUMMARY: This budget transfer provides $11,452 from District 2 Recreational Assistance Program Reserves to purchase swim team equipment. District 2 (GB)
9. Staff recommends motion to approve:
A) APPROVED R-2003-0398 Agreement with the Pleasant City Family Reunion Committee, Inc., d/b/a Heritage Gallery, in an amount not-to-exceed $1,500 for the funding of the Kwanza at the Gallery 2002 Event for the period March 11, 2003 through June 10, 2003; and
B) APPROVED Budget Transfer of $1,500 within the Park Improvement Fund from Reserves for District 7 to Pleasant City/Kwanza.
SUMMARY: The Pleasant City Family Reunion Committee, Inc., d/b/a Heritage Gallery, sponsored the Kwanza at the Gallery 2002 event from December 27 through December 30, 2002, as a community celebration event. This funding is to help offset costs incurred by the Pleasant City Family Reunion Committee, Inc. for the four day event. Expenses eligible for reimbursement include outside professional services (storyteller/dancer, visual artists, dance troupe, drummers, and models), instruments, supplies, costumes and decorations, printing, advertising and promotion, food, or other miscellaneous expenses relating to the event. Expenses for the event were initiated by the Pleasant City Family Reunion Committee, Inc., beginning on October 1, 2002, and the Agreement was written to allow for the reimbursement of eligible expenses subsequent to that date. Funding for the event is from Recreation Assistance Program (RAP) reserves. District 7 (GB)
MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
23 N. LIBRARY
1. APPROVED Staff recommends motion to approve: Travel at an estimated cost of $1,147 for two (2) Library Advisory Board (LAB) members, Claude D’Angio, Chair, and Andy Edwards, Vice Chair, to attend the 34th Annual Library Days in Tallahassee, Florida, March 24 & 25, 2003. SUMMARY: Two LAB members will attend the Florida Library Association’s Annual Library Days. The purpose is to give library supporters an opportunity to meet elected officials to let them know how important our libraries are; alert them to actions they can take to help libraries grow; and thank them for their past support. The estimated cost provides for registration, air/ground transportation, lodging and meals for the two LAB members. The funds are included in the current FY 2003 budget. Countywide (TKF)
P. COOPERATIVE EXTENSION SERVICE
1. APPROVED R-2003-0399 Staff recommends motion to approve: Lease Agreement with James Johnson, Jr. in the amount of $1 per year for two (2) years for land located at the southwest area of Martin Luther King, Jr. Boulevard and Seacrest Boulevard, Boynton Beach, Florida. SUMMARY: This agreement provides property for the continuation of community gardens by the Palm Beach County 4-H Youth Development Program. District 7 (DW)
Q. CRIMINAL JUSTICE COMMISSION
1. Staff recommends motion to approve:
A) APPROVED Budget Transfer of $115,000 in the Drug Abuse Trust Fund for Drug Court’s treatment services;
B) APPROVED Budget Amendment of $115,000 in the General Fund; and
C) APPROVED Budget Amendment of $115,000 in the Sheriff’s Grant Fund.
SUMMARY: The Drug Abuse Trust Fund (DATF) Committee met on December 20, 2002 and recommended allocating an additional $115,000 to the Drug Court program for funding drug treatment services through September 30, 2003. The Criminal Justice Commission (CJC) approved the DATF Committee’s recommendation on January 27, 2003. Countywide (DW)
R. EMPLOYEE RELATIONS & PERSONNEL
1. APPROVED R-2003-0400 Staff recommends motion to approve: Amendment No. 1 to Contract R2002-0361 with Evan R. Shapiro, MD, to provide services for the County’s drug testing program as Medical Review Officer responsible for receiving the laboratory results, reporting the results to employees, and providing a random selection system for testing, renewing the contract for one year at an annual cost of $16,560. SUMMARY: Since January 1, 1995, Palm Beach County is required under the Omnibus Transportation Employee Testing Act of 1991 to screen employees and applicants in safety-sensitive positions for drugs and alcohol. Safety-sensitive positions are defined as those requiring operation or maintenance of vehicles in excess of 26,000 pounds, designed to carry 16 or more passengers including the driver, or which are used to transport hazardous materials. Countywide (MC)
24 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends motion to approve:
A) APPROVED R-2003-0418 Interlocal Agreement with the Metropolitan Planning Organization (MPO) of Palm Beach County for funds to construct bus shelters in cities which do not allow advertising on bus shelters; and,
B) APPROVED Budget Amendment of $200,000 of Congestion Mitigation and Air Quality (CMAQ) funds from the MPO.
SUMMARY: The Metropolitan Planning Organization (MPO) of Palm Beach County is making available $ 200,000 of Congestion Mitigation and Air Quality (CMAQ) funds for the purpose of constructing bus shelters in cities witch do not allowing advertising on bus shelters. Palm Tran solicited applications from cities who desire to construct bus shelters without advertising and two (2) cities (Palm Beach Gardens and Delray Beach) responded to date. Under this shelter program, cities are eligible to receive up to $ 7,500 or 50% of the cost of constructing each non- advertising bus shelter at Palm Tran bus stops within their cities. The ongoing maintenance and cleaning costs are the responsibility of the cities. Countywide (DR)
BB. COURT ADMINISTRATION
1. APPROVED R-2003-0401 Staff recommends motion to approve: Contract with the Office of the State Attorney, Fifteenth Judicial Circuit in the amount of $100,000 for the creation of the Domestic Violence Information System (DVIS), as part of the Model Court Pilot Project for the period of July 1, 2001 through June 30, 2003. SUMMARY: On December 4, 2001, the BCC approved a grant from the Quantum Foundation for a Model Court Pilot Project in the amount of $400,000 to facilitate more effective and efficient case management for families and children simultaneously involved in multiple divisions of the Palm Beach County and Circuit Court, involving Juvenile, Family, and Domestic Violence cases. The grant included $100,000 for the development of the DVIS, which will provide critical information and link central Model Court components, internal units and agencies. The State Attorney’s Office is developing the DVIS for this project and a contract is required to process payment for work performed. Countywide (TKF)
CC. SHERIFF
1. Staff recommends motion to:
A) APPROVED R-2003-0402 receive and file the Enforcing Underage Drinking Laws grant in the amount of $14,650 for the period of February 1, 2003 through May 30, 2003; and
B) APPROVED approve Budget Amendment of $14,650 in the Sheriff’s Grant Fund (104).
SUMMARY: The Palm Beach County Sheriff’s Office (PBSO) is the lead agency for the Narcotics Overdose Prevention Education (NOPE) Coalition. The NOPE coalition is a network of private and governmental agencies working together to address the problem of deaths in Palm Beach County due to drug overdoses. The Florida Office of Drug Control has awarded grant funds to assist the NOPE program in its efforts to reduce deaths in Palm Beach County due to illegal drug use. There is no match requirement for the Enforcing Underage Drinking Laws grant. This agenda item acknowledges the award amount of $14,650 for a total budget of $14,650. Countywide (DW)
25 MARCH 11, 2003
3. CONSENT AGENDA APPROVAL
CC. SHERIFF (Cont’d)
2. Staff recommends motion to: REVISED MOTION AND TITLE: A) ratify the Chair’s signature on the Creating a Culture of Integrity grant from the U.S. Department of Justice in the amount of $125,000 for the period of September 1, 2002 through August 31, 2003;
B) APPROVED R-2003-0416 Approved the Culture of Integrity grant; and
C) APPROVED approve Budget Amendment of $125,000 in the Sheriff’s Grant Fund (104).
SUMMARY: The Palm Beach County Sheriff’s Office (PBSO) is actively recruiting persons to serve as deputy sheriffs. The Culture of Integrity grant funds efforts to recruit quality recruits from the local community. PBSO will use grant funds to enhance recruitment efforts within Palm Beach County. There is no match requirement for the Culture of Integrity grant. This agenda item acknowledges the award amount of $125,000 for a total budget of $125,000. Countywide (DW)
3. APPROVED R-2003-0403 Staff recommends motion to approve: the FY2002 Federal Annual Certification Report for the Palm Beach County Sheriff’s Office, which outlines the Federal Law Enforcement Trust Fund proceeds and expenditures for the period of October 1, 2001 through September 30, 2002. SUMMARY: The Department of Justice and the Department of 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 FY2002 receipts and expenditures of Federal shared funds. Countywide (DW)
* * * * * * * * * * * *
26 MARCH 11, 2003
4. SPECIAL PRESENTATIONS - 9:30 A.M.
A. PRESENTED Presentation of a plaque to the BCC from The Palm Beach County School Readiness Coalition, Inc., by its Chairman, William Moss.
B. PRESENTED Proclamation declaring the month of March as “Women’s History Month” in Palm Beach County. (Sponsored by Commissioner Marcus)
C. PRESENTED Proclamation declaring Tuesday, March 25, 2003 as “Greek Independence Day” in Palm Beach County. (Sponsored by Commissioner Koons)
D. PRESENTED Proclamation declaring Tuesday, March 18, 2003 as “Gideon Day” in Palm Beach County. (Sponsored by Commissioner Aaronson)
PRESENTED E. ADD-ON: Proclamation declaring the month of March, 2003 as “American Red Cross Month” In Palm Beach County. (Sponsored by Commissioner Greene)
PRESENTED F. Presentation to the BCC by Dr. Jean Malecki
* * * * * * * * * * * *
27 MARCH 11, 2003
5. PUBLIC HEARINGS - 9:30 A.M. (Motion to receive and file: Proof of publication)
CONTINUED FROM 02/25/03
A. ADOPTED ORDINANCE R-2003-012 Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, titled Palm Beach County Construction Permit Fee Schedule; repealing Ordinance No. 89-21; providing the Construction Permit Fee Schedule as Exhibit “A”; providing time for assessment of fees; providing methodology for valuation for primary permitting fees; providing for review; providing reference for administrative details on permits; providing for refunds; providing for fee increases for failure to obtain permits in advance of construction; providing for violations of non-payment of fees; providing for records of fees; providing repeal of Laws and Ordinances in conflict; providing a savings clause; providing for severability; providing for applicability; providing for Inclusion in the Code; and providing for an effective date. SUMMARY: The legislature adopted F.S. 553.73 which mandates a Statewide Florida Building Code. The Statute allows local governments to adopt their own Administrative Section. Sections 104.6.1 (Prescribed fees) and 104.6.4 (Schedule of Permit Fees) allows the setting of fees by the applicable governing authority. This Ordinance establishes new fees and equalizes the existing fees, which have been unchanged since 1989, to reflect the actual cost of construction, which is the standard utilized in most jurisdictions. Unincorporated (AH)
B. ADOPTED R-2003-0404 Staff recommends motion to adopt: a Resolution abandoning four (4) unimproved thirty (30) foot wide rights-of-way located within Palm Beach Farms Company Plat No.1, as recorded in Plat Book 2, Pages 26-28, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located just east of the Florida Turnpike, north and south of Linton Boulevard. These unimproved rights-of-way are not consistent with the approved Master Plan for the proposed Grand Haven Planned Unit Development (P.U.D.) and must be abandoned prior to development. District 5 (PK)
ADOPTED ORDINANCE R-2003-013 C. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance 92-20, known as the Unified Land Development Code of Palm Beach County, Florida, as follows: amending Article 15, Traffic Performance Standards; amending intent and authority; amending definitions; amending applicability; amending the standard; amending traffic impact studies; amending modeling of trips; amending procedure; providing for interpretation of captions; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the unified land development code; and providing for an effective date. REVISED SUMMARY: The Traffic Circulation Element of the Comprehensive Plan was changed in amendment round 02-1. This change to Article 15 of the Unified Land Development Code implements these changes and also includes some minor changes to parts of the ordinance that required modification. The main change is modification of the Traffic Performance Standards from an average daily standard to a peak hour, peak season standard. Countywide (LB)
28 MARCH 11, 2003
5. PUBLIC HEARINGS - 9:30 A.M. CONTINUED
CONTINUED FROM 02/25/03
D. ADOPTED ORDINANCE R-2003-014 Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance No. 92-20, known as the Unified Land Development Code of Palm Beach County, Florida as follows: amending Article 15, Traffic Performance Standards, to revise the definition of the term "project"; creating a new section providing for project aggregation; amending level of significance table 2a-1; providing for interpretation of captions; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Unified Land Development Code; and providing for an effective date. SUMMARY: This amendment to the Traffic Performance Standards in Article 15 of the Unified Land Development Code makes two (2) changes: 1) The amendment provides for a project aggregation rule. The rule was designed to prevent developers from dividing one project into several smaller projects to evade provisions of the Traffic Performance Standards; and 2) The table in Traffic Performance Standards that identifies the level of significance for the purpose of determining which roadways are reviewed is modified. The amendment implements a graduated level of significance that varies with the volume to capacity ratio of a given road length. There is also a ½ % significance level in a portion of the existing table which is being eliminated by this change. This could allow a doubling of allowable project trips on some roads, but only from projects generating trips equal to between ½ % and 1% level of significance. However, by changing the table, it does make all projects subject to the same graduated standard (between ½% and1%) – instead of two (2) different standards (1% and ½ %). The current approach placed a ½ % standard for all roads within ½ mile of a project. This could result in identical projects being treated differently, depending on how far away they were from a problem road. The TPS Committee believed that this was an inequity that should be corrected. Countywide (LB)
E. Staff recommends motion to:
A) ADOPTED R-2003-0405 adopt a Resolution confirming the special assessment process for the Laguna Park Area Water Main Extension; and
B) APPROVED R-2003-0406 approve a Work Authorization to Foster Marine Contractors, Inc., under the Water Utilities Department Continuing Construction Contract (R2002-2086) in the amount of $288,350.20.
SUMMARY: Petitions in favor of the installation of a potable water main have been provided by 67% of the property owners in the Laguna Park Area. The project will serve 49 residential properties currently on private wells. Individual assessments are based on 100% of the assessable cost and may be paid over twenty years with equal annual payments of principal and 6½% interest. The total project cost is $360,834.91, and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration, and construction contingency. The Water Utilities Capital Fund will cover the $72,215.31 cost to extend water mains along Congress Avenue and across Congress Avenue to loop the water system. The project will be constructed utilizing a Work Authorization under the Water Utilities Department Continuing Construction Contract (R2002- 2086). (WUD Project No. 01-202) District 2 (MJ)
29 MARCH 11, 2003
5. PUBLIC HEARINGS - 9:30 A.M. CONTINUED
F. Staff recommends motion to:
A) ADOPTED R-2003-0407 adopt a Resolution confirming the special assessment process for the Country Club Acres Water Main Extension; and
B) APPROVED R-2003-0408 approve a Work Authorization to Foster Marine Contractors, Inc., under the Water Utilities Department Continuing Construction Contract (R2002-2086) in the amount of $1,289,315.35.
SUMMARY: Petitions in favor of the installation of a potable water main have been provided by 61% of the property owners in the Country Club Acres project area. The project will serve 511 residential properties currently on private wells. Individual assessments are based on 100% of the assessable cost and may be paid over twenty years with equal annual payments of principal and 6½% interest. The total project cost is $1,635,977.79, and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration and construction contingency. The Water Utilities Capital Fund will cover the $47,181.70 cost to provide a second source of water to Country Club Acres and loop the water system. Staff recommendation of the per parcel method of assessment is based upon obtaining an equitable individual assessment for the 511 properties, which are similar in size. The project will be constructed utilizing a Work Authorization under the Water Utilities Department Continuing Construction Contract (R2002-2086). (WUD Project No. 01- 154) District 5 (MJ)
G. ADOPTED ORDINANCE R-2003-015 Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Schedule “A” of Chapter 8.5, Article II, Palm Beach County Code (known as the “Code Enforcement Citation Ordinance of Palm Beach County, Florida”), to increase certain fine amounts and update certain code references; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date. SUMMARY: This Ordinance amends Chapter 8.5, Article II, Palm Beach County Code, increasing certain Fire Rescue related fine amounts, and updating certain code references. Countywide (SGB)
H. ADOPTED ORDIANCE R-2003-016 ADD-ON: Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Article 4, Section 4.11 of the Palm Beach County Unified Land Development Code, pertaining to the Environmental Ordinance Appeals Board; amending Article 4, Section 4.15 of the Palm Beach County Unified Land Development Code, pertaining to the creation and appointment of hearing officers; amending Article 7, Section 7.6 of the Palm Beach County Unified Land Development Code, pertaining to the administration of excavation permits; amending Article 9, Section 9.1 of the Palm Beach County Unified Land Development Code, pertaining to appeals of lighting plans; amending Article 9, Section 9.3 of the Palm Beach County Unified Land Development Code, pertaining to appeals of wellfield permits; amending Article 9, Section 9.4 of the Palm Beach County Unified Land Development Code, pertaining to appeals of wetlands permits; amending Article 9, Section 9.5 of the Palm Beach County Unified Land Development Code, pertaining to administration of vegetation permits; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Unified Land Development Code; and providing for an effective date. SUMMARY: The Environmental Ordinance Appeals Board is no longer necessary as it is almost entirely unused; and an adequate opportunity for appeal of administrative action taken by the Department of Environmental Resources Management (ERM) is provided by appeal to a hearing officer and petitioning for writ of certiorari to the Circuit Court. (ND) (Co Atty)
* * * * * * * * * * * *
30 MARCH 11, 2003
6. REGULAR AGENDA
A. ADMINISTRATION
TIME CERTAIN 11:00 A.M. 1. APPROVED WITH STAFF DIRECTIONS Staff requests board direction on a Regional Business Plan for the Glades developed for the municipalities of Belle Glade, South Bay, Pahokee and the surrounding unincorporated areas including Canal Point. SUMMARY: On April 17, 2001, the Board of County Commissioners approved the acceptance of a $50,000 U.S. Department of Agriculture Rural Development grant in order to hire a consultant to develop a five (5) year areawide strategic business plan identifying business development/expansion opportunities, and new public/private investment potential based on the Glades’ assets. The Plan covers major findings, important valuable assets, conclusions, preliminary recommendations and business development opportunities in four potential growth areas; agriculture, tourism, transport/trades (including manufacturing) and public services. The Glades municipalities approved this strategic business plan and recommendations in November 2002. District 6 (DW)
2. APPROVED ADD-ON: Staff recommends a motion to conceptually approve: entering into additional Contracts for consulting/professional services with Southern Strategy Group and Pittman Law Group, and other firms if necessary for State Lobbying on behalf of Palm Beach County in an amount not-to-exceed a total of $60,000. SUMMARY: This authorizes the County to enter into an agreement with Southern Strategy Group with Christopher F. Dudley and Paul A. Bradshaw specified as the principal County contacts and Pittman Law Group with Sean A. Pittman specified as the principal County contact for the purpose of additional state lobbying on behalf of Palm Beach County for the duration of 2003 legislative session and subsequent special sessions of the Florida Legislature. The County may enter into agreements with additional firms, but only if those firm’s names and justification for their use is brought before the Board in subsequent meetings. Countywide (Adm)
3. ADOPTED R-2003-0409 ADD-ON: Staff recommends motion to adopt: a Resolution stating opposition to the position of the government of France regarding the possible use of military action in Iraq. SUMMARY: The residents of Palm Beach County are suggested to refrain from the purchase and/or consumption of French made products as long as the French government opposes the United States, in an effort to enforce military action in Iraq if they do not fully comply with the United Nations requirements of disarmament. (Admin)
B. COUNTY ATTORNEY
1. Staff recommends motion to:
A) APPROVED R-2003-0410 approve Amendment No. 6 to the Contract (R96-714D as amended by Resolution Nos. R98-392D, R99-493D, R2000-0402, R2001-0419 and R2002-0371) with Denise M. Dytrych, County Attorney, and
B) APPROVED Set salary for period from March 26, 2003 through March 25, 2004.
SUMMARY: This Amendment provides for the County Attorney’s services through March 25, 2008. Current salary is $126,000. Countywide
31 MARCH 11, 2003
6. REGULAR AGENDA
C. COMMUNITY SERVICES
1. APPROVED Staff recommends motion to approve: Recommendations from the Citizens Advisory Committee on Health and Human Services (CAC/HHS) on the Financially Assisted Agencies (FAA) funding process to: a) allow multi-year contracts; and b) modify funding categories for the period October 1, 2003 through September 30, 2004. SUMMARY: The CAC/HHS held a public input forum on December 12, 2002 to review the FAA funding process. As a result, staff developed recommendations for 5 funding categories and multi-year contracting requirements. On February 13, 2003, the CAC/HHS voted unanimously and approved the recommendations. The categories are:
A) APPROVED Prevention/Intervention, treatment and emergency services for substance abuse and mental health services;
B) APPROVED Independent living and support services for people/families with special needs or disabilities;
C) APPROVED Domestic abuse, emergency and shelter services for women, children and families;
D) APPROVED Human service programs supportive of the health and human services element of the Palm Beach County Comprehensive Plan; and
E) Health and Human Services in the Glades.
Multi-year funding contracts (3 years) will benefit the programs and clients that are served by providing continuous service with less interruption from a re-application process. For the clients of health and human services, stopping and starting programs can be detrimental to their progress. Staff would also have more time and opportunity to focus on monitoring and reviewing the outcomes of funded agencies. Agencies will be held to a very strict set of monitoring standards and each funding cycle will be contingent on funds being budgeted by the Board annually. All agencies currently understand that they are not guaranteed funding each year. Countywide (TKF)
D. AIRPORTS
1. ADOPTED R-2003-0411 Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, adopting General Aviation Minimum Standards for Palm Beach International Airport; repealing Minimum Operation Standards for the Conduct of South Quadrant services and activities for Palm Beach International Airport dated July 1989; providing for severability; providing for an effective date. SUMMARY: The Department of Airports is requesting adoption of a resolution establishing General Aviation Minimum Standards (Minimum Standards) for PBIA, which provide the requirements to be met by entities desirous of engaging in commercial general aviation aeronautical activities, constructing non-commercial general aviation facilities and engaging in non- commercial self-service fueling. The revised Minimum Standards will replace the Minimum Operating Standards dated July 1989. The Department of Airports held a public information meeting with existing PBIA tenants, subtenants and prospective tenants to address any questions or comments on the updated Minimum Standards. The Minimum Standards were well accepted. Approval of the resolution will establish reasonable Minimum Standards that are relevant to the current aeronautical activity at PBIA with the goal of protecting the level and quality of services offered to the public which shall apply uniformly to all on-airport aeronautical activities and services while promoting safety, maintaining a higher quality of service for airport users, protecting airport users from unlicensed and unauthorized products and services, enhancing the availability of services for all airport users and promoting the orderly development of airport land. Countywide (LMB)
32 MARCH 11, 2003
6. REGULAR AGENDA
E. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
1. ADOPTED R-2003-0412 Staff recommends motion to adopt: a Resolution electing to adopt an Emergency Local Communications Services Tax Conversion Rate to recoup estimated revenue shortfalls to the County as a result of the Communications Services Tax Simplification Law; electing to adopt a local communications services tax conversion rate upon expiration of the emergency rate to ensure expected revenues are generated on an ongoing basis; providing for severability; providing for an effective date. SUMMARY: In 2001, the Florida Legislature created a new communications tax structure which consolidated all taxes imposed upon communications services providers. The Legislature established maximum local conversion rates for each local governmental unit. This maximum local conversion rate was intended to generate sufficient revenues to replace revenues that local governments had previous received from communications services providers, plus anticipated growth. To date, the conversion rate for Palm Beach County has not generated the level of revenue that was anticipated. The Communications Services Tax Simplification Law allows local governments a one-time opportunity to adjust local conversion rates to recover any shortfall and to ensure expected revenues are generated on an ongoing basis. Approval of this Resolution will establish a rate of 6.32% on communications services for the period June 1, 2003 through May 31, 2004. Beginning June 1, 2004, the permanent rate will be 5.72%. The current rate is 5.22%. Countywide Unincorporated (MJ)
2. APPROVED Staff recommends motion to approve: Budget Amendment of $7,200 to establish the School Concurrency Fund. SUMMARY: On June 27, 2002, Palm Beach County Planning, Zoning, and Building Department began collecting School Concurrency fees for new residential development units having an impact on school attendance. These fees were established by the School District to recover their cost of reviewing projects for concurrency related issues. Through an interlocal agreement, the County has consented to collect these fees and remit them to the District. Countywide
F. ENGINEERING
1. ADOPTED R-2003-0413 Staff recommends motion to adopt: a Resolution authorizing the County Administrator, or his designee, to execute the Amendment to the Blanket License Agreement dated February 5, 2002 (R2002-0167), with the Florida East Coast Railway Company (FEC) and any future amendments for subgrade and overhead facilities that do not exceed $10,000, and specifically at a cost of $5,040 for this amendment. SUMMARY: The Amendment to the Blanket License Agreement (R2002-0167) is for the addition of seven (7) crossings to the Agreement as shown on Schedule “A”. The annual charge for each of the crossings is $720, for a total of $5,040. In addition to this Amendment, it is also desirous to obtain approval by the Board to authorize the County Administrator to execute future amendments for other crossings associated with the Agreement. Countywide (ME)
G. 1. DELETED ADD ON: a First Amendment to Exchange Agreement with United Civic Organization, Inc. (R2002-1466). (FD&O) (Further Staff Review)
* * * * * * * * * * * *
ADJOURN AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE SOLID WASTE AUTHORITY
33 MARCH 11, 2003
6. REGULAR AGENDA
H. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET (Cond’t)
1. ADD-ON: Staff recommends motion to approve:
A) APPROVED R-2003-0414 Second Amendment to the Option Agreement (Agreement) for Sale and Purchase with Brookside Tree Farm Limited Partnership, extending the time period to exercise the option to purchase from ninety (90) to one hundred and twenty (120) days, for acquisition of approximately 78.74 acres of land in the Agricultural Reserve;
B) APPROVED R-2003-0415 Third Amendment to the Agreement crediting the County at closing with a $110,000 reduction in the $5,299,999.64 purchase price in order to partially satisfy the seller’s obligations under the provisions of Sections 4.B and 14 of the Agreement;
C) APPROVED Budget Transfer of $110,000 in the $75M General Obligation Conservation Land 2001 Bond Fund (308) from the Agricultural Reserve Project Account (E500) to Reserves (9900).
SUMMARY: On February 4, 2003, the Board accepted the Option to Purchase the Brookside Tree Farm Limited Partnership property (Property) from the Conservation Fund (R2003-0199), subject to satisfactory results of pre-closing due diligence. The environmental site assessment (ESA) conducted on the Property as part of the pre-closing due diligence was completed and delivered to the County staff only a few days prior to the deadline for exercising the option to purchase. Staff requested a time extension of 30 days from the seller to allow a more thorough review of the ESA, and the seller agreed and signed the Second Amendment to the Agreement. During the 30-day extension, staff have negotiated with the seller regarding the results of the ESA relative to hazardous materials and solid waste on the Property. The hazardous materials identified were low levels of arsenic in a former pesticide mixing and storage area. Staff estimates for assessment and cleanup of this problem were in the range of $20,000. Seller is providing a credit in this amount. The solid waste identified in the ESA consisted of small waste piles observed in three locations on the property and a buried debris field found on approximately 3 acres where portions of two former mined lakes were filled in the late 1980's. A County consultant estimated that the cost of excavation and removal of 100% of the buried debris would exceed $3 million. Staff has conducted an evaluation of the impact of the buried debris on future uses of the property and the potential for regulatory liability if the trash remained buried on-site. The Division of Property and Real Estate Management (PREM) and the Cooperative Extension Service have reviewed the ESA information and believe that the buried waste will only slightly limit the agricultural use of the 2-3 acres. In- ground nursery stock or row crops may not be appropriate for that area; however, above-ground nursery stock or common preparation or storage areas could occur in that location. After consultation with the Florida Department of Environmental Protection, ERM and Facilities staff have determined that the waste which has been characterized as non-hazardous, would not have to be removed to satisfy any regulatory requirements. Based on this information, it is staff’s opinion that the regulatory liability associated with the buried solid waste is low and the waste is more of a nuisance than a liability. The presence of the waste, however, does somewhat diminish the value of the impacted acres. To compensate for the impacts and possible diminished value, the seller has agreed to credit the County at closing approximately $90,000. This will partially satisfy his responsibilities under Section 14 of the Agreement which addresses the solid waste cleanup. Seller will not be required to remove the buried waste in the lake areas, but will be required to remove and dispose of the remainder of the waste on the property. The Third Amendment to the Agreement formally adjusts the purchase price with a reduction of $110,000 to reflect these negotiations on both of these issues. The Budget Transfer accounts for this reduction. The Third Amendment to the Agreement will document the price reduction as partial satisfaction of the seller’s responsibilities under Sections 4.B and 14 of the Agreement. This item is a late addition to the agenda because of the recent ESA information, subsequent negotiations, and lack of additional Board meetings that would allow the County to meet the contract time lines involved for the purchase. District 5 (HJ) (ERM)
34 MARCH 11, 2003
* * * * * * * * * * * ADJOURN AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE SOLID WASTE AUTHORITY
7. BCC SITTING AS THE SOLID WASTE AUTHORITY
TIME CERTAIN 11:45 A.M. A. Presentation to the Board by Donald L. Lockhart, Executive Director
* * * * * * * * * * *
ADJOURN AS THE SOLID WASTE AUTHORITY
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS
35 MARCH 11, 2003
8. BOARD APPOINTMENTS
A. COMMISSION DISTRICT APPOINTMENTS
* * * * * * * * * * * *
36 MARCH 11, 2003
9. MATTERS BY PUBLIC - 2:00 P.M.
* * * * * * * * * * * *
37 MARCH 11, 2003
10. STAFF COMMENTS
A. ADMINISTRATION COMMENTS
B. COUNTY ATTORNEY
38 MARCH 11, 2003
11. 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
12. 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."
39 March 11, 2003 8:30 a.m. BOARD OF COUNTY COMMISSIONERS BOARD MEETING PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 11, 2003
PAGE ITEM
8 3C-1 DELETED: A) a Public Facilities Agreement with PGA Gateway, Ltd., and The Grande at Palm Beach Gardens, Inc. (The Grande); and
B) Budget Transfer of $899,866 in the Road Impact Fee Zone 1 Fund from Reserves to Prosperity Farms Road/PGA Boulevard to Lone Pine Road. (Eng) (Further staff review)
8 3C-5 REVISED SUMMARY: This Budget Transfer will fund the installation of a memorial plaque and pedestal for the Banyan Creek Elementary School pathway along Barwick Road in Delray Beach. In the interest of the health safety and welfare of the traveling public, the District Commissioner wishes to fund this project to remind pedestrians, particularly the children of Banyan Creek Elementary, to use caution while riding or walking along roads. The plague will be installed in a City of Delray Beach park, immediately adjacent to the County right-of-way, and will be maintained by the City. District 4 (MRE) (Eng)
9 3C-10 REVISED SUMMARY: The contract consists of all work necessary to construct the project. BLD has indicated a total Minority/Women Business Enterprise (M/WBE) participation of 12.79%, comprised of 8.7% Black, 2.29% Women and 1.8% Hispanic. The goals, as set in the contract, were 18% overall with a minium 6% Black. BLD met the minimum black participation goal, but failed to meet the overall M/WBE goal requirements for this project. However, they remain eligible for award of the contract since the second low bidder was also non-compliant and the third low bidder exceed the cost differential for consideration. District 5 (MRE) (Eng)
10 3C-12 DELETED: A) Budget Transfer of $87,421 in the Capital Outlay Fund from Contingency Reserves to George Bush Boulevard Bascule Bridge Repair and Painting; and
B) a $497,634.86 Contract with Astron General Contracting Company, Inc., the lowest responsive, responsible bidder, for the George Bush Boulevard Bascule Bridge Repair and Painting project. (Eng) (Further Staff Review)
11 3D-2 DELETED: Settlement in the Eminent Domain action styled Palm Beach County v. Payless ShoeSource, Inc., et al., Case No. CL-02-1928-AO, for improvements to Lake Worth Road and Military Trail, Project No. 2000102 in the amount of $197,500. (Cty Atty) (Further staff review/moved to 4/01/03)
11 3E-1 DELETED: Cooperative Agreement with the School Board of Palm Beach County to provide Exceptional Student Education programs to eligible Head Start children for the period July 1, 2003 through June 30, 2004. (Comm Serv) (Insurance issues)
12 3E-3 DELETED: Amendment No. 001 to the Use of Facility Agreement (R2002- 2053; dated November19, 2002) with For the Children, Inc. for the period April 1, 2003 through December 31, 2003 at a not-to-exceed amount of $6,751. (Comm Serv) (Insurance issues)
17 3H-12 DELETED: A) an Agreement for Purchase and Sale to acquire a 1.02 acre property from Wild Orchid Holdings, Inc. for $65,000; and
B) a Memorandum of Agreement to be recorded in the public records to provide notice of the existence of this Agreement. (FD&O) (Further staff review) 18 3H-14 REVISED SUMMARY: This Amendment provides for expansion of the leased premises by 2,675 sf and exercises the first one-year extension option, thereby extending the Lease to March 31, 2005. The current gross annual rent is $84,180 ($14.03/sf). This additional space increases the rate by $37,524530 ($14.03/sf) for a total of $121,434 710 ($14.03/sf). The landlord will perform required tenant improvements at its cost. (FD&O)
27 3CC-2 REVISED MOTION AND TITLE: A) ratify the Chair’s signature on the Creating a Culture of Integrity grant application from the U. S. Department of Justice in the amount of $125,000 for the period of September 1, 2002 through August 31, 2003;
B) Receive and File approve the Culture of Integrity grant award; and
C) approve Budget Amendment of $125,000 in the Sheriff’s Grant Fund (104). (Sheriff)
28 4E MOVE TO 4F: Presentation to the BCC by Dr. Jean Malecki
28 4E ADD-ON: Proclamation declaring the month of March, 2003 as “American Red Cross Month” in Palm Beach County. (Sponsored by Commissioner Greene)
29 5C REVISED SUMMARY: The Traffic Circulation Element of the Comprehensive Plan was changed in amendment round 02-1. This change to Article 15 of the Unified Land Development Code implements these changes and also includes some minor changes to parts of the ordinance that required modification. The main change is modification of the Traffic Performance Standards from an average daily standard to a peak hour, peak season standard. It also modifies the definition of “completion” of a residential project to be at 80% of the project’s ultimate buildout level. Countywide (LB) (Eng)
31 5H ADD-ON: Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Article 4, Section 4.11 of the Palm Beach County Unified Land Development Code, pertaining to the Environmental Ordinance Appeals Board; amending Article 4, Section 4.15 of the Palm Beach County Unified Land Development Code, pertaining to the creation and appointment of hearing officers; amending Article 7, Section 7.6 of the Palm Beach County Unified Land Development Code, pertaining to the administration of excavation permits; amending Article 9, Section 9.1 of the Palm Beach County Unified Land Development Code, pertaining to appeals of lighting plans; amending Article 9, Section 9.3 of the Palm Beach County Unified Land Development Code, pertaining to appeals of wellfield permits; amending Article 9, Section 9.4 of the Palm Beach County Unified Land Development Code, pertaining to appeals of wetlands permits; amending Article 9, Section 9.5 of the Palm Beach County Unified Land Development Code, pertaining to administration of vegetation permits; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Unified Land Development Code; and providing for an effective date. SUMMARY: The Environmental Ordinance Appeals Board is no longer necessary as it is almost entirely unused; and an adequate opportunity for appeal of administrative action taken by the Department of Environmental Resources Management (ERM) is provided by appeal to a hearing officer and petitioning for writ of certiorari to the Circuit Court. (ND) (Co Atty) 32 6A-2 ADD-ON: Staff recommends a motion to conceptually approve: entering into additional Contracts for consulting/professional services with Southern Strategy Group and Pittman Law Group, and other firms if necessary for State Lobbying on behalf of Palm Beach County in an amount not-to-exceed a total of $60,000. SUMMARY: This authorizes the County to enter into an agreement with Southern Strategy Group with Christopher F. Dudley and Paul A. Bradshaw specified as the principal County contacts and Pittman Law Group with Sean A. Pittman specified as the principal County contact for the purpose of additional state lobbying on behalf of Palm Beach County for the duration of 2003 legislative session and subsequent special sessions of the Florida Legislature. The County may enter into agreements with additional firms, but only if those firm’s names and justification for their use is brought before the Board in subsequent meetings. Countywide (Adm)
32 6A-3 ADD-ON: Staff recommends motion to adopt: a Resolution stating opposition to the position of the government of France regarding the possible use of military action in Iraq. SUMMARY: The residents of Palm Beach County are suggested to refrain from the purchase and/or consumption of French made products as long as the French government opposes the United States, in an effort to enforce military action in Iraq if they do not fully comply with the United Nations requirements of disarmament. (Admin)
34 6G-1 DELETED ADD-ON: a First Amendment to Exchange Agreement with United Civic Organization, Inc. (R2002-1466). (FD&O) (Further Staff Review)
34 6H-1 ADD-ON: Staff recommends motion to approve:
A) Second Amendment to the Option Agreement (Agreement) for Sale and Purchase with Brookside Tree Farm Limited Partnership, extending the time period to exercise the option to purchase from ninety (90) to one hundred and twenty (120) days, for acquisition of approximately 78.74 acres of land in the Agricultural Reserve;
B) Third Amendment to the Agreement crediting the County at closing with a $110,000 reduction in the $5,299,999.64 purchase price in order to partially satisfy the seller’s obligations under the provisions of Sections 4.B and 14 of the Agreement;
C) Budget Transfer of $110,000 in the $75M General Obligation Conservation Land 2001 Bond Fund (308) from the Agricultural Reserve Project Account (E500) to Reserves (9900).
SUMMARY: On February 4, 2003, the Board accepted the Option to Purchase the Brookside Tree Farm Limited Partnership property (Property) from the Conservation Fund (R2003-0199), subject to satisfactory results of pre-closing due diligence. The environmental site assessment (ESA) conducted on the Property as part of the pre-closing due diligence was completed and delivered to the County staff only a few days prior to the deadline for exercising the option to purchase. Staff requested a time extension of 30 days from the seller to allow a more thorough review of the ESA, and the seller agreed and signed the Second Amendment to the Agreement. During the 30-day extension, staff have negotiated with the seller regarding the results of the ESA relative to hazardous materials and solid waste on the Property. The hazardous materials identified were low levels of arsenic in a former pesticide mixing and storage area. Staff estimates for assessment and cleanup of this problem were in the range of $20,000. Seller is providing a credit in this amount. The solid waste identified in the ESA consisted of small waste piles observed in three locations on the property and a buried debris field found on approximately 3 acres where portions of two former mined lakes were filled in the late 1980's. A County consultant estimated that the cost of excavation and removal of 100% of the buried debris would exceed $3 million. Staff has conducted an evaluation of the impact of the buried debris on future uses of the property and the potential for regulatory liability if the trash remained buried on-site. The Division of Property and Real Estate Management (PREM) and the Cooperative Extension Service have reviewed the ESA information and believe that the buried waste will only slightly limit the agricultural use of the 2-3 acres. In-ground nursery stock or row crops may not be appropriate for that area; however, above-ground nursery stock or common preparation or storage areas could occur in that location. After consultation with the Florida Department of Environmental Protection, ERM and Facilities staff have determined that the waste which has been characterized as non-hazardous, would not have to be removed to satisfy any regulatory requirements. Based on this information, it is staff’s opinion that the regulatory liability associated with the buried solid waste is low and the waste is more of a nuisance than a liability. The presence of the waste, however, does somewhat diminish the value of the impacted acres. To compensate for the impacts and possible diminished value, the seller has agreed to credit the County at closing approximately $90,000. This will partially satisfy his responsibilities under Section 14 of the Agreement which addresses the solid waste cleanup. Seller will not be required to remove the buried waste in the lake areas, but will be required to remove and dispose of the remainder of the waste on the property. The Third Amendment to the Agreement formally adjusts the purchase price with a reduction of $110,000 to reflect these negotiations on both of these issues. The Budget Transfer accounts for this reduction. The Third Amendment to the Agreement will document the price reduction as partial satisfaction of the seller’s responsibilities under Sections 4.B and 14 of the Agreement. This item is a late addition to the agenda because of the recent ESA information, subsequent negotiations, and lack of additional Board meetings that would allow the County to meet the contract time lines involved for the purchase. District 5 (HJ) (ERM)
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 (*)