ORDER OF BUSINESS BOARD OF COUNTY ... - co.palm-beach.fl.us · right-of-way to the City of Palm...

1

ORDER OF BUSINESSBOARD OF COUNTY COMMISSIONERS

BOARD MEETINGPALM BEACH COUNTY, FLORIDA

MARCH 30, 2004

TUESDAY COMMISSION9:30 A.M. CHAMBERS

JOE SMITH DEPUTY CLERK

1. CALL TO ORDER

A. Roll CallB. InvocationC. Pledge of Allegiance

2. AGENDA APPROVAL

A. Additions, Deletions, SubstitutionsB. Adoption

3. CONSENT AGENDA (Page 6 -27)

4. PUBLIC HEARINGS - 9:30 A.M. (Page 28)

5. REGULAR AGENDA (Page 29 - 33)TIME CERTAIN 10:30 A.M. (Port of Palm Beach/Riviera Beach) (Page 29)TIME CERTAIN 11:00 A.M. (Conservation Lands for Ag Reserve) (Page 30)

6. BOARD APPOINTMENTS (Page 34 - 37)

7. STAFF COMMENTS (Page 38)

8. COMMISSIONER COMMENTS (Page 39)

9. ADJOURNMENT (Page 39)

* * * * * * * * * * *

2

MARCH 30, 2004

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATIONPage 6

3A-1 Nine (9) original agreements for the Department of Airports3A-2 Standard funding agreements with animal rescue agencies

Page 73A-3 One (1) Standard Development Agreement; 1 renewal agreement and 1 construction work

authorization for WUD3A-4 Two (2) annexation ordinances for the Village of Wellington

Page 83A-5 Resolution supporting a proposed constitutional initiative petition to require the legislature to

periodically review sales tax exemptions3A-6 Resolution supporting the proposed changes in regulation of bridge openings

B. CLERKPage 8

3B-1 Warrant List3B-2 Minutes3B-3 Contracts and claims settlements list3B-4 Change orders, work task orders, minor contracts and final payments

C. ENGINEERINGPage 8

3C-1 Accept warranty deed for parcel on Lyons RoadPage 9

3C-2 A $129,435.13 Task Authorization to the Annual Agreement with K-F Group, Inc. (KFG)3C-3 Amendment to Incentive Grant Program Agreement with FDOT3C-4 Deleted3C-5 Budget Transfer of $358,5003C-6 Deleted3C-7 Agreement for Acquisition with Wellington Green, Limited Liability Co.

Page 103C-8 A $358,063.68 agreement with Lawson Noble & Webb, Inc.3C-9 Budget Transfer of $386,0003C-10 FAA of $275,000 with the City of West Palm Beach3C-11 Supplemental Agreement No. 2 for $163,160.02 with George F. Young, Inc.

Page 113C-12 Transfer of ownership, via County Deed, parcel of land known as the Earman River Canal

right-of-way to the City of Palm Beach Gardens3C-13 Deleted3C-14 FAA with Via Verde Homeowners Association, Inc.3C-15 Interlocal Agreement of $76,589 with the Village of Royal Palm Beach3C-16 Reject the contract with M & J Construction Co. Of Pinellas County, Inc. For the deck

replacement and repair of the CR 707 Bascule Bridge

D. COUNTY ATTORNEYPage 12

3D-1 Budget Transfer of $34,066

E. COMMUNITY SERVICESPage 12

3E-1 Contract with the Homeless Coalition for the Homeless Assessment Center3E-2 Contract for consulting/professional services with Consulting for Results, Inc.

3

MARCH 30, 2004

TABLE OF CONTENTS

CONSENT AGENDA CONTINUEDF. AIRPORTS

Page 13 3F-1 Agreement to purchase property located west of Runway 9L at PBIA3F2 Order for Supplies or Services with the Transportation Security Administration for equipment

associated with the screening of baggage at PBIAPage 14

3F-3 Order for Supplies or Services with the Transportation Security Administration for relocationof security equipment at PBIA

3F-4 Budget Amendment of $358,500

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGETPage 14

3G-1 Settlement Offer for full satisfaction of a Code Enforcement LienPage 15

3G-2 Settlement Offer for full satisfaction of a Code Enforcement Lien3G-3 Resolution supplementing Resolution as amended and supplemented authorizing the

issuance of $32,000,000 Water and Sewer Refunding Bonds, Series 2004

H. FACILITIES DEVELOPMENT & OPERATIONSPage 15

3H-1 JOC Work Order with Engineered Environments, Inc. for $239,978.59 to provide replacementof the kitchen freezer/cooler in the Mail Jail

Page 163H-2 Deleted3H-3 Contract with H & J Contracting, Inc., for $4,336,000 for South County Regional Park Parcel

A3H-4 Amendment No. 1 to annual Contract with Hanson Professional Services, Inc. For

architectural consulting services3H-5 Amendment No. 1 to annual Contract with Slattery and Associates Architects Planners, Inc.

for architectural consulting services3H-6 Amendment No. 1 to annual contract with Stephen L. Boruff, AIA, Architects + Planners, Inc.

for professional architectural consulting servicesPage 17

3H-7 CSA No. 22 to the Agreement with Stephen L. Boruff, AIA, Architects and Planners, Inc.3H-8 CO No. 8 to the Contract with McTeague Construction Co., Inc. for the Jupiter Branch Library

Expansion3H-9 Agreement with The School Board of PBC for the 800 MHz Radio System

Page 183H-10 Agreement for Purchase and Sale with LandTrust Holdings, L.L.C. for a parcel of land for a

Fire Rescue station3H-11 Agreement for Purchase and Sale with Janet D. Winterson for property for construction of a

library3H-12 Access Easement in favor of Ranger Construction Industries, Inc.

Page 193H-13 Lease Agreement with Paul W. Smith Enterprises, Inc. for storage of bus shelter components3H-14 Accept an easement with The School Board of PBC3H-15 Agreement with the Village of North Palm Beach for the 800 MHz Radio System

I. HOUSING & COMMUNITY DEVELOPMENTPage 20

3I-1 Agreement with Villa Lago Development, Inc. And Centro Campesino Farmsworker Center,Inc.

J. PLANNING, ZONING & BUILDINGPage 20

3J-1 Resolution approving a Satisfaction of Lien and an Unsafe Structure/Condemnation Lien

K. WATER UTILITIESPage 20

3K-1 Resolution amending Resolution for the country Club Acres Water Main Improvement Project

4

MARCH 30, 2004

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

L. ENVIRONMENTAL RESOURCES MANAGEMENTPage 21

3L-1 Agreement for Sale and Purchase for acquisition of approximately 125 acres of land locatedwithin the Pal-Mar Ecosite

3L-2 Resolution authorizing the disbursement of funds from the Vessel Registration Fee TrustFund for the artificial reef at Peanut Island

M. PARKS & RECREATIONPage 22

3M-1 Deed of Conservation Easement to the SFWMD3M-2 Request for Funding Forms for various School Board projects3M-3 Agreement with Strive Toward Excellence, Inc.

Page 233M-4 Agreement with Armory Art Center, Inc.3M-5 Agreement with the Delray Beach Joint Venture3M-6 Agreement with the South Florida Opera Company, Inc.3M-7 Agreement with the Delray Beach Downtown Development Authority3M-8 Agreement with the Juvenile Transition Center, Inc.

Page 243M-9 Agreement with the Zeta Tau Omega Educational Foundation3M-10 Agreement with the Town of Hypoluxo3M-11 Professional Services Contract with Kiril Zahariev for USA Swimming coaching services

Page 253M-12 SFWMD agreement for a $375,000 District grant to complete the Riverbend Park Hydrologic

Restoration ProjectN. LIBRARY

Page 253N-1 Travel for one (1) Library Advisory Board member

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION - None

R. HUMAN RESOURCESPage 25

3R-1 Amendment II to Contract for Consulting Services with Enterprise Health Systems, Inc.Page 26

3R-2 Contract for Consulting Services with Evan R. Shapiro, M.D. to provide services for theCounty’s drug testing program

S. FIRE RESCUE - None

T. HEALTH DEPARTMENT - None

U. INFORMATION SYSTEMS SERVICES Page 26

3U-1 Change Orders No. 104 and 105 with Affiliated Computer Services, Inc.

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC INFORMATION OFFICE - None

X. PUBLIC SAFETY - None

Y. PURCHASING - None

Z. RISK MANAGEMENT - NoneMARCH 30, 2004

TABLE OF CONTENTS

5

CONSENT AGENDA CONTINUED

AA. PALM TRAN - None

BB. COURT ADMINISTRATIONPage 27

3BB-1 Budget Transfer of $100,000

CC. SHERIFFPage 27

3CC-1 Amendment that increases the FL Department of Children and Families contract with theSheriff’s Office

PUBLIC HEARINGS - 9:30 A.M.Page 28

4A “Tourist Development Ordinance”4B “Fire Rescue Emergency Transport Fee Ordinance”

REGULAR AGENDAADMINISTRATION

Page 295A-1 Resubmittal of a Rural Business Opportunity Grand (RBOG) application5A-2 Report relating to Canadian Drug Re-importation 5A-3 Port of Palm Beach/Riviera Beach access dispute TIME CERTAIN 10:30 A.M.

FIRE RESCUEPage 30

5B-1 Resolution to comply with minimum Fire Rescue Level of Service Standards

ENVIRONMENTAL RESOURCES MANAGEMENTPage 30

5C-1 Report on the Status of the Land Acquisition for Conservation Purposes Program in the AgReserve TIME CERTAIN 11:00 A.M.

FACILITIES DEVELOPMENT AND OPERATIONSPage 31

5D-1 JOC Work Order with Holt Contractors, Inc. to renovate a building for the West Palm BeachHead Start

5D-2 ADD-ON: Contract for Sale and Purchase with Dinesh Pandya,Page 32

5D-3 ADD-ON: Lantana Farm Associates that the County will require access to theScrupps/Meca

Property on June 1, 2004; and5D-4 ADD-ON: Contract with Hedrick Brothers Construction Co., IncPUBLIC SAFETY

Page 335E-1 Establishment of a “one-stop” Domestic Violence Family Justice Center

BOARD APPOINTMENTS (Page 34 - 37)

STAFF COMMENTS (Page 38)

COMMISSIONER COMMENTS (Page 39)

ADJOURNMENT (Page 39)

6

MARCH 30, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. APPROVEDStaff recommends motion to receive and file: nine (9) original contracts/agreements/grantsfor the Department of Airports:

A) APPROVED R-2004-0524North County Hangar Lease Agreement for Hangar No. 11200-7, signed by Kent Leightonand dated April 1, 2004;

B) APPROVED R-2004-0525North County Hangar Lease Agreement for Hangar No. 11200-6, signed by Joe Webster anddated January 1, 2004;

C) APPROVED R-2004-0526North County Hangar Lease Agreement for Hangar No. 11220-3, signed by David R.McFarland and dated February 1, 2004;

D) APPROVED R-2004-0527North County Hangar Lease Agreement for Hangar No. 11240-13, signed by David R.McFarland and dated December 1, 2003;

E) APPROVED R-2004-0528North County Hangar Lease Agreement for Hangar No. 11300-13, signed by Judy C. Millerand dated April 15, 2004;

F) APPROVED R-2004-0529North County Hangar Lease Agreement for Hangar No. 11210-3, signed by William M. Packerand dated January 1, 2004;

G) APPROVED R-2004-0530North County Hangar Lease Agreement for Hangar No. 11200-2, signed by John J. Boswelland dated November 15, 2003;

H) APPROVED R-2004-0531Glades Airport Hangar Lease Agreement for Hangar No. 2-1, signed by Greg Rhule and datedFebruary 23, 2004; andI) APPROVED R-2004-0532Agreement Covering the Operation of Aircraft at Palm Beach International Airport, signed bySoutheast Airlines, Inc. and dated October 1, 2003. Countywide

2. APPROVEDStaff recommends motion to receive and file: Standard funding agreements with thefollowing animal rescue agencies for the period October 1, 2003 through September 30, 2004to provide specific animal services as a partner with the Animal Care and Control Division.

APPROVED R-2004-0533Tri County Humane Society $75,000

APPROVED R-2004-0534Doberman Rescue Concern 6,500

APPROVED R-2004-0535City of Boynton Beach 25,000

APPROVED R-2004-0536Greyhound Pets of America 3,500

APPROVED R-2004-0537Puppies Under Protection, Inc. 65,000

APPROVED R-2004-0538Paws 2 Help, Inc. 25,000Countywide

MARCH 30, 2004

7


A. ADMINISTRATION (Cont’d)

3. APPROVEDStaff recommends motion to receive and file: One (1) executed Standard DevelopmentAgreement; one (1) Standard Development Renewal Agreement and one (1) ConstructionWork Authorization for the Water Utilities Department.

Standard Development Agreement

A) APPROVED R-2004-0539Rhine Development, Inc. 01-01136-000

Standard Development Renewal Agreement B) APPROVED R-2004-0540The Donald J Trump Golf Club, LC 01-01002-R00

Construction Work Authorization

C) APPROVED R-2004-0541Construction Work Authorization No. 19 for Congress Avenue, Gun Club Road to PerimeterRoad 12" Water Main Extension with Foster Marine Contractors, Inc. (R2002-2086). Countywide

4. APPROVEDStaff recommends motion to receive and file: The following annexation ordinances for theVillage of Wellington.

A) APPROVEDan Ordinance No. 2003-35 of the Village Council of the Village of Wellington, Florida;annexing, pursuant to a petition for voluntary annexation, real property comprising 101.43acres located on the west side of State Road 7, approximately one mile south of Forest HillBoulevard in Palm Beach County, Florida, known as the “Bangland Property”, which is moreparticularly described herein; declaring that the voluntary annexation petition bears thesignature of the property owner; amending Section 11 of the Village Charter by redefining thecorporate limits of the Village of Wellington; directing the Village Manager to do all thingsnecessary to effectuate this annexation; directing the Village Clerk to file a copy of thisordinance with the Clerk of the Circuit Court in Palm Beach County, and the FloridaDepartment of State within seven days after adoption, in accordance with Section 171.044,Florida Statutes; providing a conflicts clause; providing a severability clause; and providingand effective date.

B) APPROVEDan Ordinance No. 2003-36 of the Village Council of the Village of Wellington, Florida,approving a petition for voluntary annexation providing for the annexation of real propertycomprising 217.89 acres, more or less, located on the west side of State Road 7approximately one mile south of Forest Hill Boulevard in Palm Beach County, Florida, knownas the “Kahlert and Lanier property, and 83.14 acres, more or less, of State Road 7 andForest Hill Boulevard Right-of-Way” which is more particularly described herein; amendingsection 11 of the Village Charter by redefining the corporate limits of the Village of Wellington;directing the Village Manager to do all things necessary to effectuate this annexation; directingthe Village Clerk to file a copy of the ordinance with the Clerk of the Circuit Court in PalmBeach County and with the Department of State within seven (7) days after adoption, inaccordance with Section 171.044, Florida Statutes; providing for conditions of annexation;providing a conflicts clause and a severability clause; and providing an effective date.

MARCH 30, 2004


8

A. ADMINISTRATION (Cont’d)

5. ADOPTED R-2004-0542Staff recommends motion to adopt: a Resolution of the Board of County Commissionersof Palm Beach County, Florida., supporting a proposed constitutional initiative petition torequire the legislature to periodically review sales tax exemptions; providing that anyreenactment of sales tax exemptions or creation of new exemptions be done by a three-fifthsvote; providing for the repeal of any exemptions not reenacted; and providing an effectivedate. SUMMARY: Staff was directed at the February 24, 2004, meeting to draft thisresolution. Countywide (DW

6. ADOPTED R-2004-0543Staff recommends motion to adopt: a Resolution of the Board of County Commissionersof Palm Beach County, Florida, supporting the proposed change in regulation of bridgeopenings contained in CGD07-04-010. SUMMARY: Staff was directed at the March 16,2004, meeting to draft this resolution. Countywide (DW)

B. CLERK

1. APPROVEDStaff recommends motion to approve: Warrant List.

2. APPROVEDStaff recommends motion to approve: Minutes of the following meetings: Regular ofSeptember 23; Regular of October 7; Special of October 14; Regular of October 21; Zoningof October 23; Regular/Workshop of October 28; Comprehensive Plan of November 24;Regular/Workshop of November 25; Zoning of December 4; Environmental Control Board ofDecember 4; and Regular and Joint/City of Riviera Beach of December 16, 2003.Countywide

3. APPROVEDStaff recommends motion to approve: Contracts and claims settlements list.

4. APPROVED R-2004-0544 Staff recommends motion to receive and file: Change orders, work task orders, minor

contracts, and final payments approved by the Contract Review Committee and by thedepartment heads for the Engineering Department; Facilities Development and Operations;Water Utilities Department; Environmental Resources Department; and the Department ofAirports during the month of February 2004. Countywide

C. ENGINEERING & PUBLIC WORKS

1. Staff recommends motion to:

A) APPROVEDaccept a Warranty Deed for Parcel 13.5 on Lyons Road; and

B) APPROVEDapprove payment of a counter-offer in the amount of $310,000 for Parcel 13.5.

SUMMARY: The property owner did not accept Palm Beach County’s offer of $255,000 asdetermined by a certified appraiser. The property owner submitted a counter-offer of$310,000. This represents an increase of $55,000 above the original appraised value. TheRight-of-way Acquisition Committee has reviewed this counter-offer and recommendsapproval. The parcel is needed for the construction of Lyons Road from north of Forest HillBoulevard to south of SR 80. District 6 (PK)

MARCH 30, 2004


9

C. ENGINEERING & PUBLIC WORKS (Cont’d)

2. Staff recommends motion to approve:

A) APPROVED R-2004-0545a $129,435.13 Task Authorization to the Annual Agreement with K-F Group, Inc. (KFG) forprofessional services for Boutwell Road from north of 2nd Avenue North to south of 10thAvenue North (Project); and

B) APPROVEDBudget Transfer of $158,000 in the Transportation Improvement Fund from Reserves forDistrict 3 to Boutwell Road north of 2nd Avenue North to south of 10th Avenue North.

SUMMARY: This Task Authorization will provide the professional services necessary toprepare design plans and construction documents for the project. The participation achievedfor the project is 94.9%, comprised of 13.5% Minority Business Enterprise - Black (Brown &Phillips, Inc.); 81.4% Small Business Enterprise - Other (K-F Group, Inc.). District 3 (PK)

3. APPROVED R-2004-0546Staff recommends motion to approve: an Amendment to the County Incentive GrantProgram Agreement with the State of Florida Department of Transportation (FDOT)(R2202-2157), approved on December 18, 2001, for the widening and resurfacing of State Road704/Okeechobee Boulevard from State Road 7/US 441 to Florida’s Turnpike. SUMMARY:This action approves an amendment to the County Incentive Grant Program Agreement withFDOT for the widening and resurfacing of State Road 704/Okeechobee Boulevard from StateRoad 7/US 441 to Florida’s Turnpike. Districts 2 & 6 (PK)

4. DELETED

5. APPROVEDStaff recommends motion to approve: Budget Transfer of $358,500 in the TransportationImprovement Fund from Unincorporated Area Only Trees, Irrigation, and Sod (O.T.I.S)Program to Transfers – Airports Improvement and Development Fund. SUMMARY: Thisaction provides funding to the Palm Beach County Department of Airports (Department) in theamount of $358,500 for the Department to design and install irrigated median landscaping onBelvedere Road from Military Trail to Australian Avenue. The Department will installbeautification in the medians within Belvedere Road, consistent with the County’s policiesunder the “O.T.I.S.” Program. The Department is responsible for the perpetual maintenanceof these improvements. District 2 (ME)

6. DELETED

7. Staff recommends motion to approve:A) APPROVED R-2004-0547an Agreement for Acquisition with Wellington Green, Limited Liability Company (developer),for the acquisition of rights-of-way as needed for the Lake Worth Road at Jog Roadintersection improvement; and

B) APPROVED Budget Amendment of $3,000 in the Transportation Improvement Fund to recognize adeveloper contribution for acquisition for the Lake Worth Road at Jog Road intersectionimprovement.

SUMMARY: This item requests approval of an Agreement for Acquisition with the developerfor Lake Worth Road at Jog Road and recognizes a developer contribution. The developeris providing the rights-of-way for Lake Worth Road at Jog Road, but was unsuccessful innegotiating the purchase of the needed parcels from the owners. The developer is, therefore,entering into this Acquisition Agreement and supplying all funding needed to secure theproperty. Additional funding will be required as this project moves through the process.District 2 (PFK)

MARCH 30, 2004


10

C. ENGINEERING (Cont’d)

8. APPROVED R-2004-0548Staff recommends motion to approve: an Agreement in the amount of $358,063.68 withLawson Noble & Webb, Inc. (LNW) to provide professional design services for Alternate AIA(SR 811) south of Frederick Small Road to Toney Penna Drive (Project). SUMMARY: ThisAgreement will provide the necessary professional services required to prepare design plans,construction bid documents, and related documents for highway matters. Palm BeachCounty’s annual goal for Small Business Enterprise (SBE) and/or Minority/Woman BusinessEnterprise (M/WBE) participation is 15.0%. The M/WBE participation achieved for thisAgreement is 19.7%, comprised of 15.0% Women (Kathleen Hall Land Surveying, Inc.) and4.7% Hispanic (Tierra, Inc.). District 1 (PK)

9. APPROVEDStaff recommends motion to approve: Budget Transfer of $386,000 in the TransportationImprovement Fund from Reserve for District 2 to North Westgate Infrastructure Improvements– Phase III. SUMMARY: This Budget Transfer will provide funds toward the construction ofPhase III of the North Westgate Infrastructure Improvement Program. District 2 (MRE)


A) APPROVED R-2004-0549a Financial Assistance Agreement, in the amount of $275,000 with the City of West PalmBeach for construction of the Northwest Neighborhood Streets, Curbs and SidewalkImprovements.

B) APPROVEDBudget Transfer of $250,000 in the Transportation Improvement Fund from Reserve forDistrict 7 to Northwest Neighborhood Streets, Curbs and Sidewalk Improvement Project –District 7; andBudget Transfer of $25,000 in the Transportation Improvement Fund from Reserve for District2 to Northwest Neighborhood Streets, Curbs and Sidewalk Improvement Project – District 2.

SUMMARY: This Agreement and the Budget Transfers provide funding up to $275,000 tothe City of West Palm Beach (City) for construction of the Northwest Neighborhood Streets,Curbs and Sidewalk Improvement Project. District 7 (MRE)


A) APPROVED R-2004-0550Supplemental Agreement No. 2 in the amount of $163,160.02, with George F. Young, Inc.,(GFY) (R2002-1667) for Alternate AIA (SR 811) from Toney Penna Drive to Indiantown Road,(Project); and

B) APPROVEDBudget Transfer of $64,000 in the Road Impact Fee Fund – Zone 1 from Reserves toAlternate AIA – Toney Penna Drive to Indiantown.

SUMMARY: This Supplemental Agreement will provide the professional services requiredto prepare design plans and construction bid documents for the project. The participationachieved on this Supplemental Agreement is 2.0% comprising of Small Business Enterprise– Black (Brown & Phillips, Inc.). District 1 (PK).

MARCH 30, 2004


C. ENGINEERING (Cont’d)

11

12. APPROVED R-2004-0551Staff recommends motion to approve: The transfer of ownership, via a County Deed, ofa parcel of land known as the Earman River Canal right-of-way (a/k/a Merrill Canal) to the Cityof Palm Beach Gardens (City), beginning at Military Trail east to the South Florida WaterManagement District’s C-17 Canal. SUMMARY: The City has formally requested transferof ownership of the Earman River Canal right-of-way from Palm Beach County. This will allowthe City to continue performing maintenance and implementing changes to the operatingprotocols for the Earman River Canal in order to enhance the level of service to the citizensof Palm Beach Gardens during major storm events. District 1 (PK)

13. DELETED


A) APPROVED R-2004-0552a Financial Assistance Agreement with the Via Verde Homeowners Association, Inc.(Association) to provide funding, not-to-exceed $125,000, for the installation of beautificationimprovements on the County’s St. Andrews Boulevard from Palmetto Park Road to GladesRoad; and

B) APPROVEDBudget Transfer of $125,000 in the Transportation Improvement Fund from Reserve forDistrict 4 to St. Andrews Boulevard/Palmetto Park Road to Glades Road Medians – District4.

SUMMARY: This item provides funding in an amount of $125,000 to fund a reimbursementAgreement with the Association for the installation of the beautification improvements on theCounty’s St. Andrews Boulevard. Funding comes from the District 4 Gas Tax Reserves. TheAssociation will be responsible for the perpetual maintenance of the improvements. District4 (ME)


A) APPROVED R-2004-0553an Interlocal Agreement in the amount of $76,589 with the Village of Royal Palm Beach forreimbursement of construction costs for installation of entrance signs for the Village; and

B) APPROVEDBudget Transfer of $76,589 in the Transportation Improvement Fund from Reserve for District6 to Royal Palm Beach Entrance Signs - District 6.

SUMMARY: This Agreement and Budget Transfer provide reimbursement up to $76,589 forconstruction of entrance signs for the Village of Royal Palm Beach. Countywide (ME)

16. STAFF APPROVED TO REJECTStaff recommends motion to reject: The contract with M & J Construction Company ofPinellas County, Inc., the lowest bidder for the deck replacement and repair of the CR 707Bascule Bridge. SUMMARY: The contract consists of the replacement of the metal bridgedeck and repair of the steel superstructure of the lift span. This work will require that thebridge be closed to traffic. Residents of Jupiter Island have voiced concerns regarding theextended period of time the bride will be closed and the availability of emergency assistance.Consequently, by not awarding the contract, the County will be able to investigate alternatesto address the concerns of the residents and incorporate resolution of those concerns into anew contract. District 1 (MRE)

MARCH 30, 2004


D. COUNTY ATTORNEY

12

1. APPROVEDStaff recommends motion to approve: Budget Transfer of $34,066 in the TransportationImprovement Fund from Reserves for Right-of-way-FY 1998, for Project No. 1993502,Gateway Boulevard, Military Trail to Congress Avenue. SUMMARY: The County acquiredproperty for the construction and improvement of Gateway Boulevard between Military Trailand Congress Avenue. This matter is in the final stage of litigation and funds in the amountof $34,066 are needed to pay the court-ordered total attorneys fees and expert costs for thismatter to be finally concluded. District 3 (PM)

E. COMMUNITY SERVICES

1. APPROVED R-2004-0554Staff recommends motion to approve: Contract with the Homeless Coalition in the amountof $50,000 for the period October 1, 2003 through September 30, 2004 for the HomelessAssessment Center. SUMMARY: On October 22, 2002, Commissioner Greene’s HomelessTask Force Report was presented to the Board of County Commissioners. Based on thereport findings, the Task Force asked for approval of $50,000 per year for three (3) years toplan and implement a pilot project for an assessment center for the homeless that wouldprovide emergency shelter beds and transitional services. The BCC approved the plan withthe direction that the assessment center must open within the first year to receive funds forthe second and third years. The Homeless Coalition presented a report of the first year’soperations that detailed why the center was not able to open in the first year, but guaranteedopening and operation by July 1, 2004. Based on this report and other guarantees, the Boardof County Commissioners approved the second year of funding for the assessment centerproject. The Homeless Coalition will serve as the fiscal agency and lead agency to developand implement an assessment center. (Financially Assisted Agency Program) Countywide(TKF)

2. APPROVED R-2004-0555Staff recommends motion to approve: Contract for Consulting/Professional Services withConsulting for Results, Inc. in an amount not-to-exceed $12,000 for the period March 30,2004 through September 30, 2004. SUMMARY: Head Start conducts a communityassessment once every three years as required by the Head Start Performance Standards. The community assessment is a method of measuring agency accomplishments, strengthsand weaknesses, and allows for the continuous improvement of program plans and servicedelivery methods. The community assessment process also provides an opportunity toinvolve parents and the community, and make the staff more aware of how the program isviewed by the community. Consulting for Results, Inc. will conduct the communityassessment and will also translate the survey instruments to Spanish and Creole. Funds forthe assessment are 80% Federal ($9600) and 20% County ($2400). The County’s portionis included in the current budget. (Head Start) Countywide (TKF)

MARCH 30, 2004


F. AIRPORTS

1. APPROVED R-2004-0556

13

Staff recommends motion to approve: An agreement to purchase the following propertyat a total cost of $ 144,849. Said property is located West of Runway 9L at Palm BeachInternational Airport:.

Willy MistilienRolande Mistilien4919 Lynnwood DriveWest Palm Beach, FL 33415 Parcel W – 245Sales Price $ 128,000 Replacement Housing $ 16,849

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


A) APPROVED R-2004-0557an Order for Supplies or Services with the Transportation Security Administration (TSA)reimbursing Palm Beach County the amount of $333,415. The agreement is to obtainconceptual design for environmental enclosures for equipment associated with the screeningof baggage and an automated baggage handling and screening system at Palm BeachInternational Airport (PBIA); and

B) APPROVED R-2004-0558Amendment No. 5 to the Contract with PBS&J, Inc. for Consulting/Professional services inthe amount of $333,415 to perform the work associated with the above Order for Supplies orServices.

SUMMARY: The TSA would like to investigate the potential of providing an automatedbaggage handling and screening system at PBIA and the installation of environmentalenclosures for their equipment and staff. The TSA has determined that the Palm BeachCounty Department of Airports is better positioned to secure and manage the professionalarchitectural services necessary to complete this study. On February 6, 2001, the Countyentered into a Consulting Agreement (R2001-0194) with PBS&J, Inc., for General AirportPlanning and Design. The agreement is for 2 years with 2 one-year renewal options. OnFebruary 26, 2002, the County entered into Amendment No. 1 (R2002-0238) to provideadditional services. On June 18, 2002, the County entered into Amendment No.2(R2002-0953) for additional services and to exercise the first year renewal option. OnFebruary 4, 2003, the County entered into Amendment No. 3 (R2003-0168) to provideadditional services. On July 15, 2003, the County entered into Amendment No. 4(R2003-1109) to provide additional services and to exercise the second year renewal option.Amendment No. 5 contains the project outlined in Exhibit "A" Scope of Services. The fee forservices associated with the Order for Supplies or Services will be reimbursed by TSA. TheDBE participation in this Amendment is 30%. Countywide (LMB)

14

MARCH 30, 2004


F. AIRPORTS (Cont’d)


A) APPROVED R-2004-0559an Order for Supplies or Services from the Transportation Security Administration (TSA)reimbursing Palm Beach County the amount of $134,544 for the relocation of securityequipment at Palm Beach International Airport (PBIA); and

B) APPROVED R-2004-0560an Agreement with Holmes Builders Inc., for Construction Services in the amount of $134,544to relocate security equipment at Palm Beach International Airport.

SUMMARY: The Transportation Security Administration has issued an Order for Suppliesor Services to Palm Beach County in the amount of $134,544 for the purpose of obtainingservices associated with the relocation of three (3) L3 examiner 6000 and relocation ofbaggage display systems. Holmes Builders Inc., has agreed to perform the work identifiedin the Order for Supplies or Services. We are procuring the services of Holmes Builders,Inc., under Section C2 - Alternative Source Selection, Sole Source Purchases, of the PalmBeach County Purchasing Ordinance, as this work is to complete improvements previouslyperformed under contract to the TSA. The TSA requested and accepted a proposal fromHolmes Builders Inc. to perform this work in November 2003. The proposal from HolmesBuilders Inc. served as the basis of the Order for Supplies or Services between the TSA andPalm Beach County. The work is being funded in full by the TSA. Countywide (JCM)

4. APPROVEDStaff recommends motion to approve: Budget Amendment of $358,500 in the AirportsImprovement and Development Fund (Fund 4111) establishing budget for the BelvedereRoad Median Improvement Project. SUMMARY: This Amendment establishes budget forthe Airports Department to receive $358,500 from the Transportation Improvement Fund(Engineering and Public Works) and appropriate the funds for the Belvedere Road MedianImprovement project. The Department of Airports will use this funding to install irrigation andgreenery pursuant to County standards. The Department of Airports will be responsible forfuture costs associated with ongoing maintenance of the improvements. Countywide (LMB)

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. APPROVEDStaff recommends motion to approve: a negotiated Settlement Offer in the amount of$24,000 for full satisfaction of a Code Enforcement Lien that was entered against MarnelleBaille and Rodney Rosseau on July 12, 2001. SUMMARY: The Code Enforcement SpecialMaster (CESM) entered an Order on October 4, 2000 giving Ms. Baille & Mr. Rosseau untilMarch 3, 2001 to correct their cited code violations which involved building improvements tothe property without proper permits and inspections. The cited code violations were not fullycorrected by March 3, 2001 and a fine of $100 per day was imposed. The CESM entered aclaim of lien against Ms. Baille & Mr. Rosseau on July 12, 2001. The cited violations werecorrected as of June 26, 2003. The accumulated fines and interest, through June 26, 2003,the date which settlement discussions began, totaled $96,217.41 ($84,500 + $11,717.41) ofwhich Ms. Baille and Mr. Rosseau have agreed to pay the County $24,000 (25%) for fullsettlement of their outstanding Code Enforcement Lien. District 2 (PM)

MARCH 30, 2004

15


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

2. APPROVEDStaff recommends motion to approve: a negotiated Settlement Offer in the amount of$3,650 for full satisfaction of a Code Enforcement Lien that was entered against GeorgeTurenne on February 7, 2001. SUMMARY: The Code Enforcement Special Master (CESM)entered an Order on September 6, 2000 giving Mr. Turenne until December 5, 2000 to correcthis cited code violations which involved overnight parking of commercial vehicles andequipment in a residentially zoned area and the storage of containers on the property. Thecited code violations were not fully corrected by December 5, 2000 and a fine of $100 per daywas imposed. The CESM entered a claim of lien against Mr. Turenne on February 7, 2001.The cited violations were corrected as of March 1, 2001. The accumulated fines and interest,through July 22, 2003, the date which settlement discussions began, totaled $11,000.32($8,600 + $2,400.32) of which Mr. Turenne has agreed to pay the County $3,650 (33%) forfull settlement of his outstanding Code Enforcement Lien. District 2 (PM)

3. DELETEDStaff recommends motion to adopt: a Resolution supplementing Resolution No. R-84-1206as amended and supplemented; authorizing the issuance of not exceeding $32,000,000Water and Sewer Refunding Bonds, Series 2004 in connection with the refunding of all or aportion of the County’s Water and Sewer Revenue Bonds, Series 1995; providing for certainother details relating to the 2004 bonds; approving the form of and authorizing the executionof a bond purchase agreement; approving the form of and authorizing the distribution of apreliminary official statement relating to the 2004 Bonds; authorizing the debt manager to“deem final” for the purposes Securities and Exchange Commission Rule 15c2-12 thepreliminary official statement prepared in connection with the 2004 Bonds; approving the formof and authorizing the execution of an escrow deposit agreement and official statement;authorizing the purchase of bond insurance, a debt service reserve surety bond or other formof credit enhancement in connection with all or a portion of the 2004 Bonds under thecircumstances provided; appointing a registrar and paying agent in connection with the 2004Bonds; providing for the undertaking required by Rule 15c2-12 of the securities and ExchangeCommission; authorizing the proper officers of the County to do all acts necessary and properfor carrying out the transactions contemplated by the Resolution; providing for the repeal ofprior inconsistent resolutions or proceedings; and providing for an effective date. SUMMARY:On March 16, 2004, the Board approved the refunding of all or a portion of the outstandingWater and Sewer Revenue Bonds, Series 1995 and appointed underwriters and bondcounsel for the transaction. In order to take advantage of rapidly changing market conditions,this resolution delegates authority to proper County officials, subject to conditions set forththerein, to determine the final details of the Refunding Bonds and execute and deliver a bondpurchase agreement for the negotiated sale of the Bonds. Countywide (PK)

H. FACILITIES DEVELOPMENT & OPERATIONS

1. APPROVED R-2004-0561Staff recommends motion to approve: JOC Work Order No. 04-070 with EngineeredEnvironments, Inc., (R2002-1046) in the amount of $239,978.59 to provide replacement ofthe kitchen freezer/cooler in the Main Jail in the Criminal Justice Complex in West PalmBeach. SUMMARY: The work consists of replacement of the existing interior kitchenfreezer/cooler with a same-size unit, including new electrical, new floor drainage, and newrefrigeration units. The existing freezer/cooler presents ongoing maintenance problems andis beyond its serviceable life. The replacement of this equipment has been budgeted as partof the Countywide kitchen equipment replacement program. The M/WBE participation in thiswork order is 13.25% Overall, of which 13.25% is Black. When the participation for this workorder is added to EEI’s total participation-to-date, the resulting values are 24.2% Overall, ofwhich 12.1%(Black), 11.9% (Hispanic), and 0.2% (White). The goals are 20% Overall and10% Black. The total construction duration is 180 days. This work will comply with allapplicable local, state, and federal codes and regulations. (FD&O Admin) District 2 (JM)

16

MARCH 30, 2004


H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

2. DELETED

3. APPROVED R-2004-0562Staff recommends motion to approve: a Contract with H & J Contracting, Inc., for theconstruction of South County Regional Park Parcel A - Phase 1 in the amount of $4,336,000.SUMMARY: The Phase 1 Construction Contract for South County Regional Park Parcel Aconsists of excavation of over 1.2 million cubic yards of soil from the main lake and smallerwater bodies within the park, and placement of the excavated material across the 500-acresite to within one foot of finished grades. The project will also include the planting of littoralshelves within the lakes, clearing of exotics prevalent throughout the site, seeding to preventerosion, and the installation of drainage pipe and structures. Phase 1 is primarily a largeearthmoving project, which will not open any portion of the park for public use. Phase 2 willbegin at the completion of Phase 1, and will include completion of a golf course andamphitheater with associated roadways and parking. This facility will meet all applicablecodes, laws and ordinances, including the accessibility requirements of ADA. The SBE goalfor this project is 15%. The bid of H & J Contracting achieved the goal and includes 15%participation. The contract duration is 300 calender days to substantial completion. (CapitalImprovements Division) District 5 (JM)

4. APPROVED R-2004-0563Staff recommends motion to approve: Amendment No. 1 to the annual Contract withHanson Professional Services, Inc. (R2003-0693) for professional architectural consultingservices on a continuing contract basis. SUMMARY: Hanson Professional Services, Inc. wasselected to provide professional architectural consulting services for capital improvementsprojects generally with a construction value of less than $2,000,000. The Board approved anannual contract on May 20, 2003. The original Contract provided for an initial one (1) yearterm with three (3), one (1) year renewal options. This amendment would provide for servicesduring the first renewal period. Hanson Professional Services, Inc. has an M/WBE-SBEparticipation goal of 15%. During the first year of the Contract, Hanson has achieved 16.45%participation. (Capital Improvements Division) Countywide(JM)

5. APPROVED R-2004-0564Staff recommends motion to approve: Amendment No. 1 to the annual Contract withSlattery and Associates Architects Planners, Inc.(R2003-0526) for professional architecturalconsulting services on a continuing contract basis. SUMMARY: Slattery and AssociatesArchitects Planners, Inc. was selected to provide professional architectural consulting servicesfor capital improvements projects generally with a construction value of less than $2,000,000.The Board approved an annual contract on April 15, 2003. The original Contract provided foran initial one (1) year term with three (3), one (1) year renewal options. This amendmentwould provide for services during the first renewal period. Slattery and Associates ArchitectsPlanners, Inc. has an M/WBE-SBE participation goal of 15%. During the first year of theContract, Slattery has achieved 45.91% participation. (Capital Improvements Division)Countywide (JM)

6. APPROVED R-2004-0565Staff recommends motion to approve: Amendment No. 1 to the annual Contract(R2003-0525) with Stephen L. Boruff, AIA, Architects + Planners, Inc. for professionalarchitectural consulting services on a continuing contract basis. SUMMARY: Stephen L.Boruff, AIA, Architects + Planners, Inc. was selected to provide professional architecturalconsulting services for capital improvements projects generally with a construction value ofless than $2,000,000. The Board approved an annual contract on April 15, 2003. Theoriginal Contract provided for an initial one (1) year term with three (3), one (1) year renewaloptions. This amendment would provide for services during the first renewal period. StephenL. Boruff, AIA Architects, Inc. has an M/WBE- SBE participation goal of 15%. During the firstyear of the Contract, Stephen L. Boruff Architects has achieved 41.13% participation. (CapitalImprovements Division) Countywide (JM)

17

MARCH 30, 2004



7. APPROVED R-2004-0566Staff recommends motion to approve: Consultant Services Authorization No. 22 to theAgreement (R99-567D) with Stephen L. Boruff, AIA, Architects + Planners, Inc. to providearchitectural/engineering services for Fire Station No. 36 in the amount of $76,380. SUMMARY: This authorization is to provide architectural and engineering services forpermitting, design, and construction phase services for the proposed 5,650 square foot,two-bay fire station to be located on Purdy Lane. Stephen L. Boruff Architects + Planners,Inc. has an annual contract for professional services for fire stations, which provides for anoverall M/WBE participation goal of 23.5%. The participation on this CSA is 18%. Whenadded to the Consultant’s participation to date under this Contract, the resulting M/WBEparticipation is 19.75%. This project will meet all applicable codes, laws, and ordinances,including accessibility requirements of ADA. (Capital Improvements Division) District 6 (JM)


A) APPROVED R-2004-0567Change Order No. 8 to the Contract with McTeague Construction Co., Inc. (R2002-0882) forthe Jupiter Branch Library Expansion in the amount of $5,719.53; and

B) APPROVEDBudget Transfer of $40,000 to provide funding for changes incurred during construction fromcontingency reserves of the Library Impact Fee Fund to increase funding for the projectbudget.

SUMMARY: On June 4, 2002, the Board entered into a contract with McTeague ConstructionCo., Inc., in the amount of $2,294,900. Change Order No. 8 compensates contractor fortesting and balancing of HVAC system required at completion of project. This Change Ordermust be approved by the Board of County Commissioners because this change order, whencombined with previous approvals, would exceed the combined authority of the ContractReview Committee and Department Director. Change Order No. 8 is for work completed bythe Contractor prior to the approval of the change order. This facility was occupied andopened in August 2003. The M/WBE goal for this project is 18% Overall with a minimum of6% Black participation. This change order includes 0% M/WBE participation. When addedto participation to date, the contractor has achieved 19% Overall participation with 14% Blackparticipation. (Capital Improvements Division) District 1 (JM)

9. APPROVED R-2004-0568Staff recommends motion to approve: an Agreement with The School Board of PalmBeach County allowing for interoperable communications through the countywide commongroups of the County’s 800 MHz Radio System. SUMMARY: This Agreement provides theconditions under which the School Board can program into its radios and utilize thecountywide common talk groups for certain types of inter-agency communications. TheCounty’s system will not be utilized for routine operational communications by the SchoolBoard. The terms of the agreement are standard and have been offered to all municipalitiesand local branches of federal agencies with 800 MHz trunked radio capabilities. There are nocharges associated with this agreement. The School Board is required to pay all costsassociated with subscriber units and to comply with the established operating procedures forthe System. The term of the agreement is for five (5) years with three (3), five (5) yearrenewals. The Agreement may be terminated by either party, with or without cause.(Electronic Services) Countywide (ND)

18

MARCH 30, 2004



10. APPROVED R-2004-0569Staff recommends motion to approve: an Agreement for Purchase and Sale withLandTrust Holdings, L.L.C. SUMMARY: This Agreement is for the County’s purchase of a1.60+/- acre parcel for $208,000. The unimproved rectangular parcel is located on the northside of Purdy Lane west of Haverhill Road. The Seller is retaining .94 acres of adjoiningproperty which it intends to develop. The property will be used for construction of apermanent Fire Rescue station to replace the temporary facility on Cresthaven Boulevard.The County's obligations under this Agreement are contingent upon the County obtaining avariance to reduce the required right-of-way from 50' to 40' for the secondary access roadon Major Road, to allow emergency vehicle access directly to Purdy Lane and to rezone theproperty. The County will plat the property, construct Major Road, stub out drainage andsewer lines to the County parcel and the Seller’s remaining property. An appraisal of theproperty prepared by Lawson Valuation Group, Inc. indicated a value of $185,000 which is12.43% below the purchase price. Because of the unavailability of suitable sites in the targetarea as identified by Fire Rescue, Staff believes the agreement reached with LandTrustHoldings is the County’s best option for development of a Fire Station. The Agreementcontains an inspection period of 45 days to perform additional due diligence review of theproperty. In the event any problems are discovered, the County has the option of terminatingthe Agreement. (PREM) District 2 (HJF)

11. APPROVED R-2004-0570Staff recommends motion to approve: an Agreement for Purchase and Sale to acquire .9acres located on the southwest corner of Lantana & Lawrence Roads from Janet D.Winterson for $275,000 for the construction of a library. SUMMARY: This Agreement is forthe County’s purchase of a .9 acre lot located on the southwest corner of Lantana & LawrenceRoads for $275,000 for the construction of a new 29,000 sf branch library. Two (2) appraisalsof the property were prepared indicating values of $285,000 and $245,000. The constructionof a new branch library serving the areas west of Lantana is one of the highest priorities ofthe Library Department. An extensive site search was conducted and this site wasdetermined to be most ideally located, with few other options meeting the size and locationcriteria. This purchase will complete the County’s purchase of three (3) properties requiredfor construction of the library. The other two (2) properties closed on January 15, 2004(R2003-1544, September 23, 2003). Staff is recommending the purchase at this time tocomplete the land acquisition for the library. The Agreement contains an inspection periodof 45 days in which to perform an environmental audit, land survey and other due diligence.In the event any problems are discovered, the County has the option to terminate theAgreement. (PREM) District 3 (HJF)

12. APPROVED R-2004-0571Staff recommends motion to approve: an Access Easement in favor of RangerConstruction Industries, Inc. ("Ranger"). SUMMARY: Ranger has requested an easementacross a County-owned parcel of land adjacent to the Stockade on Fairgrounds Road in orderto better access its adjacent property from North Fairgrounds Road, a portion of which isleased to the Department of Juvenile Justice’s Florida Institute For Girls ("DJJ"). Ranger willconstruct and maintain the roadway, which will be restricted for use by its employees, agents,invitees and customers. They will relocate landscaping and install screening along theeastern fence of the DJJ lease parcel. Ranger has agreed to rehabilitate an existing shellrock parking lot and existing oval exercise track of compacted fill on the County land east ofthe Access Easement for use by the Sheriff's Drug Farm Program located at the Stockade.The Access Easement is approximately 639 feet long and 25 feet wide. In exchange for thisAccess Easement, Ranger is granting a Security and Access Easement across its propertyto provide improved security and access to the County’s stockade facilities on WestFairgrounds Road. All improvements within the Security and Access Easement will beconstructed and maintained at the County’s sole cost and expense. The Security and AccessEasement is approximately 680 feet long and 50 feet wide. The easements are being grantedwithout charge by the County and from Ranger, as the easement will improve trafficcirculation onto Southern Boulevard and improve security at the Stockade. (PREM) District6 (HJF)

19

MARCH 30, 2004




APPROVED R-2004-0572approve a Lease Agreement with Paul W. Smith Enterprises, Inc. d/b/a Boynton TransitAdvertising Company; andadopt a Resolution authorizing the lease via the sole sourcing provision in the PREMOrdinance No. 2002-067 for a term of less than ninety (90) days.

SUMMARY: This Lease Agreement permits Boynton Transit Advertising Company (BTAC)to store bus shelter components on a small section of land located at the County’s Palm TranSatellite Facility at 100 N. Congress Avenue, Boynton Beach. The term of the LeaseAgreement is sixty (60) days, commencing on April 1, 2004 and terminating on June 1, 2004. BTAC will be utilizing the site as a small staging area from which the shelter components willbe taken to various sites in the City of Boynton Beach for the construction of bus shelters.There is no cost to the County and BTAC is paying a token rent of $10 since the installationof the bus shelters will directly benefit Palm Tran and its patrons. In accordance withOrdinance No. 2002-067, staff has negotiated the Lease Agreement directly with BTACwithout public bid since the lease term is less than ninety (90) consecutive days, and the usewould not be offered but for this purpose. (PREM) District 7 (HJF)

14. Staff recommends motion to accept:

A) APPROVEDan Easement with The School Board of Palm Beach County;

B) APPROVEDan Access Easement with The Bear On Jog, Ltd.; and

C) APPROVEDan Access Easement with Jennah Blossom Corp.

SUMMARY: Governor Lawton Chiles Memorial Park, located at 6541 Morikami Park Road,west of Delray Beach, is owned and was developed by the County. Easements have beenrequested from adjacent property owners (School Board, Bear On Jog, and Jennah Blossom)for additional access and to improve traffic circulation through the park. The park is locatedeast of Jog Road between Addison Place and Morikami Park Road, west of the City of DelrayBeach. The easement area is approximately 433 feet long and varies from 26 feet to 110 feetwide. These easements are being granted without charge from the School Board, Bear OnJog, and Jennah Blossom. (PREM) District 5 (HJF)

15. APPROVED R-2004-0573Staff recommends motion to approve: an Agreement with the Village of North Palm Beachallowing for interoperable communications through the countywide and EMS common groupsof the County’s 800 MHz Radio System. SUMMARY: This agreement provides theconditions under which the Village can program into its radios and utilize the countywide andEMS common talk groups for certain types of inter-agency communications. The County’ssystem will not be utilized for routine operational communications by the Village. The termsof the agreement are standard and have been offered to all municipalities and local branchesof federal agencies with 800 MHz trunked radio capabilities. This agreement also containsstate approved standard operating procedures specific to the use of the EMS common talkgroups. There are no charges associated with this agreement. The Village is required to payall costs associated with subscriber units and to comply with the established operatingprocedures for the System. The term of the agreement is for five (5) years with three (3), five(5) year renewals. The Agreement may be terminated by either party, with or without cause.(Electronic Services) Countywide (ND)

MARCH 30, 2004

20


I. HOUSING & COMMUNITY DEVELOPMENT

1. APPROVED R-2004-0574Staff recommends motion to approve: an Agreement with Villa Lago Development, Inc.,and Centro Campesino Farmworker Center, Inc., for the rehabilitation of seven (7) residentialproperties, in the City of South Bay, in the amount of $90,000 in Community DevelopmentBlock Grant (CDBG) funds for the period of March 30, 2004, through December 31, 2004.SUMMARY: Villa Lago Development, Inc., a subsidiary of Centro Campesino FarmworkerCenter, Inc., presently owns seven (7) duplexes in the Villa Lago housing development inSouth Bay. This agreement will provide funding toward the rehabilitation of these vacantdwelling units. As part of the rehabilitation process, each duplex will be combined to form asingle-family house, resulting in seven (7) houses. Centro Campesino Farmworker Center,Inc., will provide any needed funds above those made available under the agreement. Uponcompletion, the homes will be sold to low/moderate income homeowners approved byHousing and Community Development. Each homeowner will execute a mortgage in favorof the County for $12,857, requiring the homeowner to reside in the house for a period of 10years. This agreement will provide $90,000 in Federal CDBG funds which do notrequire local matching funds. District 6 (TKF)

J. PLANNING, ZONING & BUILDING

1. ADOPTED R-2004-0575Staff recommends motion to adopt: a Resolution approving a Satisfaction of Lien on anUnsafe Structure/Condemnation Lien dated November 4, 2003 in the amount of $6,738.56.SUMMARY: On November 4, 2003 an Unsafe Structure/Condemnation Claim of Lien wasfiled in Official Record Book 16136, Page 1117, Public Records of Palm Beach County,Florida, on property located at 1198 So. Main Street/State Road 80, Belle Glade, Florida, forcosts incurred by Palm Beach County for securing of an unsafe structure. The lien in theamount of $5,603.04 plus interest was fully paid on February 4, 2004. District 6 (GB)

K. WATER UTILITIES

1. ADOPTED R-2004-0576Staff recommends motion to adopt: a Resolution amending Resolution No. R2003-0407for the Country Club Acres Water Main Extension Improvement Project, reducing the numberof individual parcels to be assessed from 511 to 507, and reducing the individual assessmentfrom $3,109.19 per parcel to $2,979.13 per parcel. SUMMARY: On March 11, 2003, theBoard adopted Resolution R2003-0407 confirming the Country Club Acres Water MainSpecial Assessment. Pursuant to Section 9 of Ordinance No. 2001-0010, property ownersare entitled to a reduction in their individual assessment if the final cost of the project fallsbelow the original estimate. The assessment adopted by the Board was based upon anestimated cost of $1,588,796.09 and 511 parcels, while the final assessable cost is based on$1,510,418.91 and 507 parcels. The individual cost to the property owners is therebydecreased from $3,109.19 per parcel to $2,979.13 per parcel. The titles on several parcelswere unified by the property owners, resulting in a decrease of four parcels (Property ControlNumbers 00-42-46-23-01-000-132.0, 00-42-46-23-02-000-227.0, 00-42-46-23-02-000-228.0and 00-42-46-23-03-000-490.0). In addition, unification of the titles caused a revision ofProperty Control Number 00-42-46-23-02-000-280.0 to 0-42-46-23-02-000-279.2 and00-42-46-23-03-000-491.0 to 00-42-46-23-03-000-491.1. (WUD Project No. 01-154) District5 (MJ)

MARCH 30, 2004


21

L. ENVIRONMENTAL RESOURCES MANAGEMENT


A) APPROVED R-2004-0577Agreement for Sale and Purchase (Agreement) for acquisition of approximately 125 acres ofenvironmentally sensitive land located within the Pal-Mar Ecosite from C Venture, Inc., aFlorida corporation, at a total purchase price of $1,875,000, pursuant to the terms of theAgreement and subject to satisfactory results of pre-closing due diligence;

B) APPROVEDthe expenditure of up to $1,900,000 from the 2001 $75M General Obligation ConservationLand Acquisition Fund (3002) for the purchase of the C Venture, Inc. land;

C) APPROVEDBudget Transfer of $1,930,000 in the $75M General Obligation Conservation Land 2001 BondFund (3002) from Reserves (9900) to the Corbett Buffer (Pal-Mar) Project Account (E205) asfollows: $1,900,000 to provide for the purchase of the C Venture, Inc. property, closing andmiscellaneous costs (6101), and $30,000 to provide for a portion of the capital sitepreparation work and staff time to administer the program (6504) relating to this property.

SUMMARY: The property consists of several 5-acre lots that are part of the old, unrecordedIndian Lakes Estates subdivision lying east and north of a County-owned natural area, southof Indiantown Road, and west of Jupiter Farms. The lots owned by C Venture, Inc. constitute125 acres of the 160 acres in the western half of the subdivision. Most of the property hasbeen impacted by some form of past agricultural use, but is now primarily covered in nativevegetation. This property will be managed by the Department of Environmental ResourcesManagement (ERM) as compliment to or part of a large natural area maintained for naturalresource protection. The property will be open to the public for passive recreational uses asallowed by County ordinances and specified in a management plan to be developed by ERMand approved by the Board of County Commissioners. District 1 (HJ)


A) ADOPTED R-2004-0578adopt a Resolution authorizing the Clerk of the Board to disburse $65,000 from the VesselRegistration Fee Trust Fund to cover project costs and contingencies for construction of anartificial reef within the designated snorkel reef area at the southeast corner of Peanut Island;

B) APPROVEDapprove Budget Transfer of $65,000 within the Environmental Enhancement Non-SpecificFund (1225) from Reserves to the Peanut Island Project account.

SUMMARY: A Florida Fish and Wildlife Conservation Commission (FFWCC) GrantAgreement No. FWC-03053 (R2004-0355) and budget amendment for $50,000 wereexecuted by the Board on February 24, 2004. The project has been expanded to $115,000.$65,000 from Vessel Registration Fees will be utilized to augment the $50,000 FFWCC GrantAgreement for artificial reef enhancements within the Peanut Island shallow water reef projectarea. Work must be completed by June 30, 2004.Countywide (AH)

MARCH 30, 2004


M. PARKS & RECREATION

1. APPROVED R-2004-0579

22

Staff recommends motion to approve: Deed of Conservation Easement to the SouthFlorida Water Management District for a 9.213 acre lake mitigation area in South CountyRegional Park Parcel "A". SUMMARY: A Deed of Conservation Easement in favor of theSouth Florida Water Management District is required to be approved by the Board of CountyCommissioners and recorded in the public records to satisfy a previous District permitrequirement for South County Regional Parcel "A". This Conservation Easement will ensurethe 9.213 acre wetland mitigation area created along the existing water ski lake will remainin a natural state and will be maintained by the County in perpetuity. The District is requiringthe Conservation Easement be recorded prior to the District issuing any further permits forParcel "A". The subject wetland area is consistent with the long range development plan forParcel "A" and staff recommends approval of the Deed of Conservation Easement. District5 (HF)

2. REVISED TITLE:APPROVED

Staff recommends motion to receive and file: the following original executed Request forFunding Forms for School Board Capital and Operational Projects:

A) APPROVED R-2004-0580Jupiter Middle School for an electric curtain divider and multi-purpose mat for the gymnasium,in the amount of $20,000;...andB) APPROVED R-2004-0581Alexander W. Dreyfoos, Jr. School of the Arts for the 2003 Summer Arts Program, in theamount of $25,000;C) APPROVED R-2004-0582Belvedere Elementary School for the purchase of musical orchestra instruments, in theamount of $5,000;D APPROVED R-2004-0583EEE High School, for weight room equipment ($33,785) and wall art ($16,215), in the amountof $50,000;E) APPROVED R-2004-0584Olympic Heights Community High School for varsity football equipment, in the amount of

$10,000;F) APPROVED R-2004-0585Royal Palm Beach Community High School for golf team uniforms and equipment, in theamount of $2,500;G) APPROVED R-2004-0586Royal Palm Beach Community High School for Project Graduation 2003, in the amount of$2,500; andH) APPROVED R-2004-0587Acreage Pines Elementary School for the purchase of Orff instruments for the MusicDepartment, in the amount of $25,000. $10,000. (Parks)SUMMARY: The Request for Funding Forms are for School Board Recreation AssistanceProgram (RAP) allocations made by Commissioners to various schools. The forms take theplace of previously required individual RAP funding agreements for School Board projects inaccordance with the Interlocal Agreement for the Funding of Recreation Assistance Program(RAP) Projects (R2003-1747) approved by the Board on October 21, 2003. Districts 1, 2, 3,5, & 6 (ND)3. APPROVED R-2004-0588Staff recommends motion to approve: Agreement with Strive Toward Excellence, Inc., inan amount not-to-exceed $5,000 for the Strive Toward Excellence After School Program andSummer Camp Arts Programs, for the period March 30, 2004 through September 30, 2004.SUMMARY: This funding is for the Strive Toward Excellence After School Program andSummer Camp Arts Programs for low-income children and their families. Expenses eligiblefor reimbursement include bus expenses, entrance fees, volunteer stipends, materials, andsupplies. The Agreement allows for the reimbursement of pre-agreement costs subsequentto March 1, 2004. Funding is from the Recreation Assistance Program (RAP). District 1 (ND)

MARCH 30, 2004


M. PARKS & RECREATION (Cont’d)

4. APPROVED R-2004-0589

23

Staff recommends motion to approve: Agreement with Armory Art Center, Inc., in anamount not-to-exceed $15,000 for the Imagining Howard Park Exhibit, for the period March30, 2004 through June 30, 2004. SUMMARY: This funding is for the Armory Art Center, Inc.,to help offset costs for the Imagining Howard Park Exhibit which was featured at the ArmoryArt Center from October 23, 2003, to November15, 2003. Expenses eligible forreimbursement include exhibition fees, materials and supplies, reprographics and printing,and consultant fees. The Agreement allows for the reimbursement of pre-agreement costssubsequent to August 1, 2003. Funding is from the Recreation Assistance Program (RAP).District 2 (ND)

5. APPROVED R-2004-0590 Staff recommends motion to approve: Agreement with the Delray Beach Joint Venture in

an amount not-to-exceed $5,000 for the Hot Air Balloon Race and Festival 2004 for the periodMarch 30, 2004 through September 30, 2004. SUMMARY: This funding is to assist withcosts for Delray Beach Joint Venture’s annual Hot Air Balloon Race and Festival to be heldin Delray Beach and in Lake Ida Park on May 15 and16, 2004. Expenses eligible forreimbursement include balloon pilots’ fees, design/typeset/printing, entertainment, and othermiscellaneous expenses associated with the event. The Agreement allows for thereimbursement of eligible pre-agreement costs subsequent to October 1, 2003. Funding isfrom the Recreation Assistance Program (RAP). District 4 (ND)

6. APPROVED R-2004-0591 Staff recommends motion to approve: Agreement with the South Florida Opera Company,

Inc., in an amount not-to-exceed $5,000 for the "Cosi Fan Tutte" Production for the periodMarch 30, 2004 through June 30, 2004. SUMMARY: This funding is to help offset expensesincurred by the South Florida Opera Company, Inc., for the performance of the opera "CosiFan Tutte" presented at Wellington Community High School on February 4 and 6, 2004.Expenses eligible for reimbursement include artists’ fees, costumes, theater rental, orchestra,transportation, hotels, sets, props, publicity, and printing. The Agreement allows for thereimbursement of eligible pre-agreement costs subsequent to October 1, 2003. Funding isfrom the Recreation Assistance Program (RAP). District 6 (ND)

7. APPROVED R-2004-0592Staff recommends motion to approve: Agreement with the Delray Beach DowntownDevelopment Authority and the Delray Merchants Association, Inc., in an amountnot-to-exceed $10,000 for funding of the Celebrate the Soul of Delray Event for the periodMarch 30, 2004 through June 30, 2004. SUMMARY: This funding is to assist with costs forthe Celebrate the Soul of Delray Event held on March 6, 2004, in Delray Beach co-sponsoredby the Delray Beach Downtown Development Authority and the Delray MerchantsAssociation, Inc. Expenses eligible for reimbursement include entertainment, insurance,port-o-lets, printing, marketing, entertainer hotel costs and transportation, rental of portablelighting, and other miscellaneous expenses associated with the Event. The Agreement allowsfor the reimbursement of eligible pre-agreement costs subsequent to January 2, 2004.Funding is from the Recreation Assistance Program (RAP). District 7 (ND)

8. APPROVED R-2004-0593Staff recommends motion to approve: Agreement with the Juvenile Transition Center, Inc.,in an amount not-to-exceed $7,000 for the ESTEEM Program for the period March 30, 2004through September 30, 2004. SUMMARY: This funding is to assist with costs for theESTEEM (Encouraging Students through Education, Employment, and Mentoring) Programprovided by the Juvenile Transition Center, Inc. Expenses eligible for reimbursement includeteacher salaries, software and books, test fees, and a recreational college tour(transportation, accommodations, and admissions). The Agreement allows for thereimbursement of eligible pre-agreement costs subsequent to October 1, 2003. Funding isfrom the Recreation Assistance Program (RAP). District 7 (ND)

MARCH 30, 2004



9. APPROVED R-2004-0594Staff recommends motion to approve: Agreement with the Zeta Tau Omega Educational

24

Foundation of Alpha Kappa Alpha Sorority, Inc., in an amount not-to-exceed $1,500 for the2003 Youth Outreach Day for the period March 30, 2004 through June 30, 2004. SUMMARY:This funding is to help offset expenses incurred by Zeta Tau Omega Educational Foundationof Alpha Kappa Alpha Sorority, Inc., for the 2003 Youth Outreach Day held on September 27,2003, at Roosevelt Middle School. Expenses eligible for reimbursement include the cost ofthe keynote speaker and facility rental for the event. The Agreement allows for thereimbursement of eligible pre-agreement costs subsequent to September 19, 2003. Fundingis from the Recreation Assistance Program (RAP). District 7 (ND)


A) APPROVED R-2004-0595Agreement with the Town of Hypoluxo in an amount not-to-exceed $100,000 for funding ofthe Hypoluxo Scrub Natural Area Entranceway Project for the period March 30, 2004 throughMarch 29, 2007; and

B) APPROVEDBudget Transfer of $100,000 within the $25M GO Parks and Culture Improvement Fund –2003 to Hypoluxo/Hypoluxo Scrub Natural Area.

SUMMARY: This allocation provides funding for the construction of the Hypoluxo ScrubNatural Area Entranceway project in the Town of Hypoluxo. Project elements include thegateway, interpretive pavilion and towers, road construction, interpretive display panel,sculpture of the Barefoot Mailman, and landscaping. Any of these project costs are eligiblefor reimbursement. The Agreement allows for the reimbursement of eligible pre-agreementcosts subsequent to November 5, 2002. Funding is from the 2002 $50 Million Recreation andCultural Facilities Bond Referendum. District 7 (PK)

11. APPROVED R-2004-0596Staff recommends motion to approve: a Professional Services Contract with Kiril Zahariev,in an amount not-to-exceed $340,000 for the period of three years beginning May 1st, 2004through April 30th, 2007, for USA Swimming coaching services at the North County AquaticComplex. SUMMARY: Resolutions 94-422 and 2002-2103 granted Departmental authorityto sign independent contractor agreements with recreation instructors and sports officials.Competitively selected and contracted with for one year under this delegated authority, KirilZahariev and his staff have maintained high standards of coaching for the Jupiter DragonsSwim Team at the North County Aquatic Complex. For this reason, staff recommendsentering into a three-year contract with Kiril Zahariev. The term of the contract coupled withthe size of the program now exceeds the intent of the authority delegated and staffrecommends that the existing coaching services be extended through the use of aprofessional services contract. Staff also recommends that the competitive selection processassociated with securing professional services be waived in order to avoid the disruption thatwould occur with a change in coaches. This is a self-sustaining program in which revenuesexceed expenditures. The projected annual revenues exceed $100,000, with the Countyretaining 20% and the contractor receiving 80%. District 1 (ND)

MARCH 30, 2004




A) APPROVED R-2004-0597approve South Florida Water Management District (SFWMD) Agreement No. IA040334, a

25

$375,000 District grant to complete the Riverbend Park Hydrologic Restoration Project;

B) AUTHORIZEDauthorize the County Administrator or his designee to execute any other future timeextensions, task assignments, certifications and other forms associated with this agreement,and necessary minor amendments that do not change the scope of work or terms andconditions of the agreement;

C) AUTHORIZEDauthorize the Director of the Parks and Recreation Department to serve as Liaison Agent withSFWMD for this project; and

D) APPROVED` approve Budget Amendment of $375,000 within Park Improvement Fund to establish budget.

SUMMARY: The Riverbend Park Hydrological Restoration Project will restore the historicnorthward flow of water feeding the headwaters of the Loxahatchee River’s Northwest Forkas it crosses Riverbend Park. The project area encompasses approximately 500 acres of thepark known as the Resse and Gildan parcels which are owned by SFWMD and managed byPalm Beach County. The SFWMD has agreed to provide $375,000, or 48% of the $780,000project cost, and the County will fund the remaining $405,000 from Park Impact Fees – Zone1. Upon approval of the agreement, a budget amendment of $375,000 will be doneadministratively to establish the necessary revenue expenditure budget line items. District1 (ND)

N. LIBRARY

1. APPROVEDStaff recommends motion to approve: Travel at an estimated cost of $743 for one LibraryAdvisory Board (LAB) member, Andy Edwards, Chair, to attend the Annual Library Days inTallahassee, Florida, April 12 & 13, 2004. SUMMARY: The purpose of attending AnnualLibrary Days is to give library supporters an opportunity to meet elected officials to let themknow how important our libraries are; alert them to actions they can take to help librariesgrow; and thank them for their past support. The estimated cost provides for registration,air/ground transportation, lodging and meals for one LAB member. The funds are includedin the current FY 2004 budget. Countywide (TKF)

R. HUMAN RESOURCES

1. DELETEDStaff recommends motion to approve: Amendment II to Contract for Consulting Serviceswith Enterprise Health Systems, Inc. (R2002-0463) to provide services for the County’s drugtesting program as a collection site and to conduct breath testing for alcohol for allsafety-sensitive and pre-employment safety-sensitive employees, at an annual cost of$11,550. SUMMARY: Since January 1, 1995, Palm Beach County is required under theOmnibus Transportation Employee Testing Act of 1991 to screen employees and applicantsin safety-sensitive positions for drugs and alcohol. Safety-sensitive positions are defined asthose requiring operation or maintenance of vehicles in excess of 26,000 pounds, designedto carry 16 or more passengers including the driver, or which are used to transport hazardousmaterials. Countywide (MC)

MARCH 30, 2004


R. HUMAN RESOURCES

2. APPROVED R-2004-0598Staff recommends motion to approve: Contract for Consulting Services with Evan R.Shapiro, MD, to provide services for the County’s drug testing program as Medical ReviewOfficer responsible for coordinating with a designated laboratory for testing and transportationof specimens collected, processing payment of lab analysis fees, receiving the laboratory

26

results, reporting the results to employees, and providing a random selection system fortesting, renewing the contract for one year at an annual cost of $16,560. SUMMARY: SinceJanuary 1, 1995, Palm Beach County is required under the Omnibus TransportationEmployee Testing Act of 1991 to screen employees and applicants in safety-sensitivepositions for drugs and alcohol. Safety-sensitive positions are defined as those requiringoperation or maintenance of vehicles in excess of 26,000 pounds, designed to carry 16 ormore passengers including the driver, or which are used to transport hazardous materials.Countywide (MC)

U. INFORMATION SYSTEM SERVICES


A) APPROVED R-2004-0599confirm Emergency Requisition from Affiliated Computer Services, Inc. (ACS) via ChangeOrder No. 106 to the existing software development contract (R98-1540D), in the amount of$300,000 to provide functionality identified by the users as required for Day Oneimplementation; and

B) APPROVED R-2004-0600receive and file Change Orders No.104 and 105 which were previously approved by the JISPolicy Board, totaling $99,000 for the Justice Information System applications.

SUMMARY: Per Board Resolution No. R98-1541, contract Change Orders exceeding thecumulative amount of $100,000 must be referred to the Board of County Commissioners forconsideration, following approval by the JIS Policy Board. Change Order No. 106 in theamount of $300,000 is in excess of the $100,000 limit, and therefore requires Board approval.This change order will provide the system users with functionality that is required for Day Oneimplementation of the system. This functionality includes the ability to schedule an event priorto the system date, alert user to an outstanding service document, create payables for refundof fees/fines and make location optional on setup table. The urgency of meeting the July 1,2004 production deadline is due to anticipated changes which Article V of the Florida statuteswill cause. Further pursuant to that Resolution, Change Orders No. 104 and 105 are beingsubmitted with this item. Change Order No. 104, which was provided to the County by ACSat no charge, provides the users with the ability to create a mass sentencing form, changecharge code section/subsection, add text box to the case event screen, modify height fieldsto feet/inches, make event, room, officer and agency optional, report non-payment of parkingtickets to Tallahassee, allow priority change for partial payments and change functionality formaintaining bonds. Change Order No. 105 at a charge of $99,000, provides the PublicDefender’s Office with random attorney assignment and mass attorney reassignmentfunctionality as well as additional on-site ACS functional consulting. These Change Orderswere approved by the JIS Policy Board on February 17, 2004. Countywide (PK)

MARCH 30, 2004


BB. COURT ADMINISTRATION

1. APPROVEDStaff recommends motion to approve: Budget Transfer of $100,000 from Reserves in theLaw Library Fund to Books/Publications Library Materials. These Reserves were generatedfrom fees collected specifically to fund the Law Library. SUMMARY: The annual Law Librarybudget for "Books/Publications Library Materials" has remained virtually constant for severalyears. However, the cost of these books and publications has increased approximately 15%

27

per year. Although the Law Library has not added new editions to its collection in severalyears, it is critical to the function of the library that the annual supplemental updates to thosecollections currently on hand be purchased in order to keep the collection current. Thistransfer is necessary in order to purchase these supplementals through June 30, 2004.Countywide (TKF)

CC. SHERIFF


A) APPROVED R-2004-0601receive and file an amendment that increases the Florida Department of Children andFamilies contract with the Palm Beach County Sheriff’s Office by $23,211 for the STOPViolence Against Women Program; and

B) APPROVEDapprove Budget Amendment of $23,211 in the Sheriff’s Grants Fund (1152).

SUMMARY: On January 8, 2002, the Board approved the Department of Children andFamilies (DCF) contract with the Palm Beach County Sheriff’s Office (PBSO) for the STOPViolence Against Women (SVAW) program (R2002-0105). The first amendment increasedthe contract amount by $150,000 for a not-to-exceed amount of $300,000, and extended thecontract period one year through June 30, 2003. The second amendment increases thecontract amount by $147,944 for a not-to-exceed amount of $447,944, and extends thecontract period for the final year through June 30, 2004. This third amendment increases thecontract amount by $23,211 for a new not-to-exceed amount of $471,155. However, it doesnot extend the date of June 30, 2004. The SVAW program will continue to concentrate onthe domestic violence victim population in Palm Beach County through the use of thedomestic violence investigator position. The required match of $7,737 associated with thisamendment is included in the PBSO’s budget in the form of personal services and benefits.No County funds are required. Countywide (DW)

* * * * * * * * * * * *

28

MARCH 30, 2004

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

A. ADOPTED R-2004-007Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, amending Section 17-116 of the Code of Laws andOrdinances relating to the Palm Beach County government, "Tourist DevelopmentOrdinance," relating to the tourist development tax levied pursuant to the "Local OptionTourist Development Act," amending the tourist development plan by providing for areallocation of expenditures of tax revenues, providing for repeal of laws in conflict; providingfor severability; providing for inclusion in the Code of Laws and Ordinances; and providing foran effective date. SUMMARY: This Ordinance provides for the reallocation of TouristDevelopment ("bed tax") revenues among the various uses of those funds (advertising PalmBeach County tourism; beach improvement; and cultural, sports and film/TV events)occasioned by the sunset of $250,000 in annual additional funding for sports events. OnFebruary 24, 2004, the Board approved this Ordinance on preliminary reading. This amendsthe Tourist Development Plan to continue the current level of annual funding to sports.Countywide (MC)

B. ADOPTED R-2004-008Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, amending Chapter 13, Article II, Division 3 of the Palm BeachCounty Code, known as the "Palm Beach County Fire Rescue Emergency Transport FeeOrdinance"; providing for an increase in emergency transport fees; providing for repeal oflaws in conflict; providing for severability; providing for inclusion in the code of laws andordinances; and providing for an effective date. SUMMARY: The proposed ordinanceamendment provides for a change in the fee schedule which will increase the Basic LifeSupport (BLS) transport rate from $300 to $395 the Advanced Life Support 1 (ALS1) transportrate from $340 to $395, the Advanced Life Support 2 (ALS2) transport rate from $450 to $495and the mileage rate from $7.50 to $7.95. The Medicare Allowable Fee Schedule wasamended effective April 1, 2002. Establishing these new rates will ensure that Fire Rescuecontinues to receive the Medicare maximum allowance for ground transportation services.These rates are to be effective April 1, 2004. These fees were last increased on April 1,2002. The proposed rates are also comparable to other billing agencies within the County.Countywide (SGB)

* * * * * * * * * * * *

29

MARCH 30, 2004

5. REGULAR AGENDA

A. ADMINISTRATION

1. APPROVED AS AMENDED R-2004-0602Staff recommends motion to adopt: a Resolution by the Board of County Commissionersof Palm Beach County, Florida, authorizing: a) the resubmittal of a Rural BusinessOpportunity Grant (RBOG) application in the amount of $25,000 to the United StatesDepartment of Agriculture (USDA) rural development; b) the allocation of cash and in-kindmatching funds totaling $67,618 $42,618 from the Economic Development Office (EDO); c)the acceptance of the RBOG upon said grant being awarded to Palm Beach County; and d)the expenditures for the purpose of creating a coordinated Regional Economic DevelopmentStructure which will guide future economic development policy and activities for the gladesarea. SUMMARY: The adoption of this Resolution will provide support for the establishmentof a coordinated regional economic development structure, work plan and budget, which isphase two of the Glades Strategic Business Development Initiative. Phase one, funded byan RBOG, involved developing a Glades Regional Business Plan which recommends creatingthis regional structure. The plan document was approved by the Board on March 11, 2003.EDO will request $25,000 from USDA Rural Development and provide $17,618 of in-kindmatch in staff hours and a $25,000 cash match from the Enterprise Zone ContractualServices budget line. The County’s cash match will increase the application’s priority pointsin the USDA review which was originally denied based on the lack of a competitive 50% cashmatch. If the $25,000 is awarded from RBOG, the funds totaling $50,000 are proposed to beused to contract with Herb A. Marlowe Jr., d/b/a Analytica, the consultant responsible for theplan. Phase two will help put the economic framework for business development opportunitiesinto place that will result in job creation. District 6 (DW)

2. APPROVED WITH STAFF DIRECTIONSStaff recommends motion to receive and file: a report relating to Canadian drugre-importation. SUMMARY: Staff was directed by the Board of County Commissioners at theFebruary 24, 2004 Board of County Commissioners meeting to contact various governmentalentities that have established plans for the purchase of prescription drugs from Canada, andto report on the elements of the plans. Additionally, staff has done research regarding thelegalities and status of legislation regarding this issue. Countywide (TKF)

TIME CERTAIN 10:30 A.M.3. DELETEDStaff requests Board direction: Regarding the Port of Palm Beach/Riviera Beach accessdispute and related safety/security concerns. SUMMARY: Despite staff efforts to coordinatea resolution of this matter, the Port and City have not resolved this Port access issue. ThePort is seeking a permit from the City to close a road and the City has a resulting concernabout public safety access. Security of the Port is involved with this matter. Both parties havebeen asked to be present for this item. District 7 (TKF)

30

MARCH 30, 2004

5. REGULAR AGENDA

B. FIRE RESCUE

1. ADOPTED R-2004-0603Staff recommends a motion to adopt: a Resolution to comply with minimum Fire Rescue Levelof Service Standards. SUMMARY: At the Board of County Commissioners Workshop ofJanuary 27, 2004, the Board agreed to a five-year implementation plan that includes a three-yearvoluntary program for all municipalities and the County to comply with all criteria outlined in theapproved minimum level of service standards for fire-rescue, except those response timerequirements outlined in year 4 and 5 of the implementation plan (sub-paragraphs V-D, E andF). The advisory level of service committee, comprised of city and county representatives,developed a model resolution for the cities and county to adopt to document their desire andcommitment to voluntarily implement the minimum fire-rescue level of service standards. By July1, 2004 each municipality should adopt the model resolution to demonstrate their willingness toparticipate in the voluntary process. The County’s adoption of the model resolution documentsthe County’s commitment to comply with those approved minimum standards and participate inimplementation of the five-year plan. There is no fiscal impact as a direct result of the approvalof this resolution, as Palm Beach County Fire-Rescue meets all proposed minimum level ofservice standards. Countywide (SB)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

TIME CERTAIN 11:00 A.M.1. DELETEDStaff recommends motion to receive and file: a Report on the Status of the Land Acquisitionfor Conservation Purposes Program in the Agricultural Reserve. SUMMARY: The Board madea request for a status report on the Land Acquisition for Conservation Purposes Program in theAgricultural Reserve at its meeting on December 2, 2003. The specific information requestedincluded: the progress of the Program; the acres of the Agricultural Reserve (Ag Reserve) thathave been protected from development; the amount of money available to spend in the AgReserve; and the strategy for spending the remaining bond dollars. The report submitted withthis item is a series of maps and tables that answers those questions. The maps indicate theacreage of the Ag Reserve that has been protected from development and preserved foragricultural, open space, or water resources purposes. They also show the number of acres thathave been developed or approved for development. The tables summarize the percentage ofthe total Ag Reserve acres represented by each of the map data layers, and the status ofacquisitions and funds available for acquisition. Districts 3 & 5 (HJ)

MARCH 30, 2004

31

5. REGULAR AGENDA

D. FACILITIES DEVELOPMENT AND OPERATIONS


A) APPROVED R-2004-0604JOC Work Order No. 04-082 with Holt Contractors, Inc., (R2002-1050) in the amount of/$791,367.39 to renovate the recently purchased Temple Judea Building at 100 ChillingworthDrive in West Palm Beach for use as the new West Palm Beach Head Start; and

B) APPROVEDBudget Transfer of $1,900,000 from contingency reserves in the General Fund (Fund 0001) toincrease the transfer line to the Public Building Improvement Fund; and

C) APPROVEDBudget Amendment of $1,900,000 in the Public Building Improvement Fund (Fund 3804) torecognize revenue and increase the project budget account.

SUMMARY: The work consists of interior demolition required plus the remodeling required tocreate eight (8) new classrooms, five (5) children’s restrooms, two (2) new public restrooms andassociated support space. The M/WBE participation in this work order is 29.78% Overall, ofwhich 13.37% is Black, and 16.41% is Hispanic. When the participation for this work order isadded to Holt’s total participation-to-date, the resulting values are 25.2% Overall, of which 12.6%(Black), and 11.8% (Hispanic). The goals are 20% Overall and 10% Black. The total constructionduration is 92 days. This work will comply with all applicable local, state, and federal codes andregulations. The budget amendment and transfer establishes the overall project budget whichwas to be recommended for funding in FY ‘05 but is being accelerated due to availability ofbuilding. (FD&O Admin) District 7 (JM)

2. DELETEDDELETED: Staff recommends motion to approve: a Deposit Receipt and Contract for Saleand Purchase with Dinesh Pandya, as Trustee. SUMMARY: The County acquired 26 out of the40 units in the Commander Ocean Resort I Timeshare Condominium on Singer Island in 2003.The total appraised value of the County's interest in the 26 units is $235,000. Staff issued aRequest for Proposals to purchase the County' units in February of this year. Dinesh Pandyasubmitted a proposal to purchase the County's units for $450,000 and will indemnify the Countyagainst any claims for past due assessments. One other respondent submitted a proposal for$235,000, but withdrew. This Contract is for the sale of the County's interest in the 26 units for$450,000 and contains no contingencies. Closing will occur within 60 days. Mr. Pandyaproposes to demolish all existing buildings and redevelop the site with a 20-storyhotel/condominium building. This will provide a substantial increase to both the City's andCounty's tax base. (PREM) Countywide (HJF) (FD&O) (Further staff review)

MARCH 30, 2004

5. REGULAR AGENDA

32

D. FACILITIES DEVELOPMENT AND OPERATIONS


ADD-ON: Staff recommends motion to:

A) APPROVEDapprove notifying Lantana Farm Associates that the County will require access to theScripps/Mecca property on June 1, 2004; and

B) AUTHORIZEDauthorize payment to Lantana Farm Associates of the required $500,000 Access Fee.SUMMARY: On February 17, 2004, the Board approved the Assignment and Modification ofContract with Lantana Farm Associates (R2004-0267) to purchase the 1920-acre Meccaproperty. The Contract requires the County to notify Mecca by April 1, 2004 of the date whichthe County requires access to the Mecca Property to commence development (the "AccessDate"). This notice will establish the Access Date as June 1, 2004. The County is required topay Mecca a non-refundable $500,000 Access Fee as a precondition of obtaining access to theproperty and the payment will be made on May 31. Staff will prepare and send the notice toMecca upon approval of this item. In addition, the Contract requires the County to have issued,on or before June 1, the bonds to fund payment of the $60,000,000 purchase price. Upondelivery of this notice and issuance of the bonds, the County will be required to close under theContract, without further contingencies. In order to meet the deadlines to deliver the Scripps site,per the State and County contracts with Scripps, the County must gain access on June 1 andproceed with site development. This differs from the County's normal procedure where, prior tobeing obligated to close, we would thoroughly understand the property's development potential,have the land development approvals secured and know the costs of infrastructure, permitconditions and required mitigation. (PREM) Countywide (HJF) (FD&O)

4. APPROVED R-2004-0605ADD-ON: Staff recommends motion to approve: Amendment No. 2 to the Contract withHedrick Brothers Construction Co., Inc (R2003-0419) increasing the Guaranteed Maximum Pricefor demolition and salvage by $245,167.14 and 77 days for additional asbestos abatement workin the Old Courthouse. SUMMARY: On March 11, 2003, the Board entered into a contract withHedrick for construction management services for the Courthouse Restoration. Amendment No.1 established a GMP of $2,810,608 for demolition of the 1970 structure and selectivedemo/salvage of the 1916 courthouse, 1927 addition and 1955 addition with a duration of 200days. During the course of the work, the contractor discovered asbestos containing materialswhich were not known to exist by the County and were not foreseeable by the Contractor basedon the information resulting from the 1996 abatement and reasonable due diligence andpre-demolition assessments by the Contractor. As a result the Contractor is entitled to be paidfor this work as it is outside of the GMP previously established. Both the Contractor and theCounty ’s asbestos consultant are in agreement as to the scope of the work as well as themanner in which it is to be performed. This increase in the GMP will cover all asbestosabatement work that is currently known as well as any other that may be discovered during theremainder of the work. The 77 day extension represents the impact to the critical path. TheM/WBE goal for this project is 15% Overall, including 5% Black participation. Including theparticipation in this Amendment, the participation to date is 66%. Staff is recommending approvalin order to move forward with the demolition, subsequent evaluation and because this workwould be required even if the County were demolishing the entire structure. It is Staff’s belief thatthis abatement may well have been within the scope of the 1996 abatement and consultantcontracts and has begun its evaluation of possible claims against the abatement contractorand/or consultant. It is too early to speculate as to when the claims would be resolved or theCounty’s success in recovering any or all that it seeks. At the end of the demolition phase, thereis an evaluation period to confirm the condition of the building, the existence of materials to besalvaged, and to confirm the project budget. A separate GMP will be presented for therestoration. (Capital Improvements Division) Countywide (JM) (FD&O)

MARCH 30, 2004

5. REGULAR AGENDA

E. PUBLIC SAFETY

33

1. DELETEDStaff recommends motion to ratify: the Chair’s signature on an eighteen (18) month, $859,040proposal submitted to the United States Department of Justice for the establishment of a"one-stop" Domestic Violence Family Justice Center in Palm Beach County. SUMMARY: Thesignature of the Chair of the Board of County Commissioners was required for submittal of theDomestic Violence Family Justice Center proposal. Due to time Constraints placed upon theCounty by the Grantor, there was insufficient time to submit the proposal to the Board prior tothe date of submittal. The project’s goal is to co-locate cooperating partner agencies (theDivision of Victim Services, The Office of the State Attorney, Health Department, Legal Aid, PrideProbation, Children’s Place at Home Safe (CPAHS), and three domestic violence shelters(YWCA Harmony House, AVDA, and Florida Resource for Women and Children) in one locationto provide an umbrella of services to the victims of domestic violence. No ad-valorem matchingfunds are required during the initial eighteen- month period of the proposal. However, ifthe grant is awarded and before the grant can be accepted by the Board, the Board andall cooperating partner agencies will be required to indicate their commitment to continuefunding their share of the program cost after the grant expires. The cost to the County willbe approximately $250,000 annually. Countywide (DW)

* * * * * * * * * * * *

34

MARCH 30, 2004

6. BOARD APPOINTMENTS

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

1. APPROVEDStaff recommends motion to approve: appointment of one (1) member to the OverallEconomic Development Program (OEDP) Committee.

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

Kathryn Schmidt Workforce Alliance, Inc. 22 11/04

SUMMARY: The new appointment will replace former member, Ken Montgomery. Countywide(DW)

B. WATER UTILITIES(Water Utilities Advisory Board)

1. APPROVEDStaff recommends motion to approve: the reappointment of two (2) at-large members to theWater Utilities Advisory Board for a term of 3 years effective May 1, 2004.

Nominee Seat No.

Seymour Lubetkin 8

Lawrence Gold 9

SUMMARY: On May 1, 2004, Seymour Lubetkin and Lawrence Gold’s terms will expire asat-large members of the Water Utilities Advisory Board (WUAB). Mr. Lubetkin has served on theWUAB for eighteen (18) years. His contributions to the Water Utilities Department and theCounty have been invaluable. Mr. Gold has served on the WUAB since June 2002, and hiscontributions have also been exemplary. Both individuals have indicated a desire to continueas WUAB members, and the Advisory Board unanimously supports their reappointment.Countywide (MJ)

MARCH 30, 2004

35


C. ENVIRONMENTAL RESOURCES MANAGEMENT (Artificial Reef and Estuarine Enhancement Committee)

1. APPROVEDStaff recommends motion to approve: appointment, reappointment and reinstatement of five(5) at-large members to the Artificial Reef and Estuarine Enhancement Committee (AREEC) to3-year term seats.

Appoint for term commencing March 30, 2004:Nominee Requirement Seat No. Nominated By

Ben Hartig Commercial Fishing 6 Commissioner Marcus Commissioner Koons Commissioner Newell Commissioner Greene

Reappoint for terms commencing October 15, 2003 (Nelson, Twyford) and November 3, 2003(Hargis):

Nominee Requirement Seat No. Nominated ByGail Nelson Local Government 2 Commissioner Marcus

Commissioner Koons Commissioner Newell

Commissioner Greene

Tom Twyford, Jr. Recreational Fishing Club 7 Commissioner Marcus Commissioner Koons

Commissioner Newell Commissioner Greene

John Hargis Recreational Scuba Diving 8 Commissioner MarcusClub Commissioner Koons

Commissioner Newell Commissioner Greene

Reinstate for period October 14, 2003 through October 14, 2005Nominee Requirement Seat No. Nominated ByJohn Sprague Commercial Marine 5 Commissioner Marcus

Industry Commissioner Koons Commissioner Newell

Commissioner Greene

SUMMARY: Resolution No. R96-1489 provides a nine-member AREEC. A memorandum wassent to the Board of County Commissioners on February 11, 2004 that advised the terms of SeatNos. 2, 7 and 8 had expired and Seat No. 6 was vacant due to a resignation. It also advised thatMr. Sprague wished to be reinstated to Seat No. 5. Commissioners Marcus, Koons, Newell andGreene submitted nominations. The nominees meet their respective seat requirements and wishto serve on the AREEC. Countywide (ND)

36

MARCH 30, 2004


D. HOUSING AND COMMUNITY DEVELOPMENT[Westgate/Belvedere Homes Community Redevelopment Agency Board (WGBH/CRA)]

1. APPOINTEDStaff recommends motion to appoint: the following named individual to fill the unexpired termof John P. Little, III on the Westgate/Belvedere Homes Community Redevelopment AgencyBoard (WGBH/CRA), Seat 4, to commence April 12, 2004 and expire May 31, 2006.

Nominee Nominated By Seat No.

Melanie A. Marvin Straw Vote/ 4Commissioner Koons

SUMMARY: The Westgate/Belvedere Homes CRA Board consists of seven (7) at-largemembers from the general public and local businesses within the CRA boundaries. OrdinanceNo. 89-6 requires that the Palm Beach County Board of County Commissioners appoint the CRAcommissioners. At the monthly meeting on February 9, 2004, Melanie A. Marvin, a Westgateresident and business owner was nominated by a straw vote of Board members and residentsto be recommended to the Board of County Commissioners to fill the unexpired term of John P.Little, III, Seat 4. District 2 (TKF)

E. PUBLIC SAFETY (Consumer Affairs Hearing Board)

1. APPROVEDStaff recommends motion to approve: appointment/reappointment of five (5) members to theConsumer Affairs Hearing Board for a term of two (2) years with an expiration date of December31, 2005.

Nominee Category Nominated byAppoint:

Arthur F. Newberry Special Technical Commissioner Koons

Ted Cott Citizen/Resident Commissioner Koons

Reappoint:Harold Murphy Management/Business Commissioner Koons

Commissioner Masilotti

Daniel S. Pikula Chamber of Commerce Commissioner Koons

Rubin Felderman Citizen/Resident Commissioner Koons

SUMMARY: Palm Beach County Consumer Affairs Ordinance No. 77-10 establishes aConsumer Affairs Hearing Board. The nine members are selected for countywide representationand serve two-year terms for a maximum of 6 years. The board serves in both an advisorycapacity to the County Commissioners and as an appeals board to hear and act on consumerconcerns about unfair/deceptive business practices and appeals relating to the towing, vehiclefor hire, moving and price gouging ordinances. The Hearing Board represents various trades,organizations and the general public. Countywide (DW)

MARCH 30, 2004

37


F. PLANNING, ZONING AND BUILDING(Land Development Regulation Advisory Board)

1. APPROVEDStaff recommends motion to approve: Ten (10) Organization appointments and two (2) At-Large members to the Land Development Regulation Advisory Board (LDRAB):

Nominee Seat No. Nominated by: Term Expiring

Leonard Tylka 8 Goal Coast Builders 02-2007Carmella Starace 9 League of Cities 02-2006 Ron Last 10 FL Engineering Society 02-2007John Glidden 11 Amer Institute of Architects 02-2006Rosa Durando 12 Environmental Organization 02-2007D. J. Snapp 13 PBC Board of Realtors 02-2006W. Larry Fish 14 FL Prof Land Surveyor 02-2007Maurice Jacobson 15 Lake Shore Condo Assoc 02-2006Charles Adams 16 Associated General Contractors 02-2007Wes Blackman 17 PBC Planning Congress 02-2006Brian Waxman 18 At-Large Alternate

Nominated by Comm. Koons 02-2006Frank Palen 19 At-Large Alternate

Nominated by Comm. Newell 02-2006

SUMMARY: The Board consists of seventeen (17) members. Seats 1 through 7 are DistrictAppointments. Seats 8 through 17 are recommended appointments by OccupationalOrganizations. Two (2) At-Large Alternate Members are appointed by a majority vote by theBoard of County Commissioners. Countywide (LB)

G. COMMISSION DISTRICT APPOINTMENTS

* * * * * * * * * * *

38

MARCH 30, 2004

7. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

Scripps status update by Bevin Beaudet

B. COUNTY ATTORNEY

39

March 30, 2004

8. 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

9. ADJOURNMENT

"If a person decides to appeal any decision made by this Commission with respect to any matterconsidered at this meeting or hearing, he will need a record of the proceedings, and that, for suchpurpose, he may need to ensure that a verbatim record of the proceedings is made, which recordincludes the testimony and evidence upon which the appeal is to be based."

March 30, 2004 8:00 a.m. BOARD OF COUNTY COMMISSIONERSBOARD MEETING

PALM BEACH COUNTY, FLORIDA

ADDITIONS, DELETIONS, & SUBSTITUTIONS

MARCH 30, 2004

PAGE ITEM 15 3G-3 DELETED: a Resolution supplementing Resolution No. R-84-1206 as amended

and supplemented; authorizing the issuance of not exceeding $32,000,000Water and Sewer Refunding Bonds, Series 2004 in connection with therefunding of all or a portion of the County’s Water and Sewer Revenue Bonds,Series 1995; ... (OFMB) (Further staff review/moved to 4/13/04)

22 3M-2 REVISED TITLE: the following original executed Request for Funding Forms

for School Board Capital and Operational Projects:

A) ... and

H) Acreage Pines Elementary School for the purchase of Orff instruments forthe Music Department, in the amount of $25,000 $10,000. (Parks)

25 3R-1 DELETED: Amendment II to Contract for Consulting Services with EnterpriseHealth Systems, Inc. (R2002-0463) to provide services for the County’s drugtesting program as a collection site and to conduct breath testing for alcohol forall safety-sensitive and pre-employment safety-sensitive employees, at anannual cost of $11,550. (Human Resources)(Insurance) (Moved to 4/13/04)

29 5A-3 DELETED 10:30 A.M. TIME CERTAIN: Staff requests board direction:regarding the Port of Palm Beach/Riviera Beach access dispute and relatedsafety/security concerns. (Admin)

30 5C-1 DELETED 11:00 A.M. TIME CERTAIN: a Report on the Status of the LandAcquisition for Conservation Purposes Program in the Agricultural Reserve.(ERM) (Moved to 4/13/04)

31 5D-2 DELETED: Staff recommends motion to approve: a Deposit Receipt andContract for Sale and Purchase with Dinesh Pandya, as Trustee. SUMMARY:The County acquired 26 out of the 40 units in the Commander Ocean Resort ITimeshare Condominium on Singer Island in 2003. The total appraised valueof the County's interest in the 26 units is $235,000. Staff issued a Request forProposals to purchase the County' units in February of this year. Dinesh Pandyasubmitted a proposal to purchase the County's units for $450,000 and willindemnify the County against any claims for past due assessments. One otherrespondent submitted a proposal for $235,000, but withdrew. This Contract isfor the sale of the County's interest in the 26 units for $450,000 and contains nocontingencies. Closing will occur within 60 days. Mr. Pandya proposes todemolish all existing buildings and redevelop the site with a 20-storyhotel/condominium building. This will provide a substantial increase to both theCity's and County's tax base. (PREM) Countywide (HJF) (FD&O) (Further staffreview)

31 5D-3 ADD-ON: Staff recommends motion to:

A) approve notifying Lantana Farm Associates that the County will requireaccess to the Scripps/Mecca property on June 1, 2004; and B) authorize payment to Lantana Farm Associates of the required $500,000Access Fee.SUMMARY: On February 17, 2004, the Board approved the Assignment andModification of Contract with Lantana Farm Associates (R2004-0267) topurchase the 1920-acre Mecca property. The Contract requires the County tonotify Mecca by April 1, 2004 of the date which the County requires access tothe Mecca Property to commence development (the "Access Date"). This noticewill establish the Access Date as June 1, 2004. The County is required to payMecca a non-refundable $500,000 Access Fee as a precondition of obtainingaccess to the property and the payment will be made on May 31. Staff willprepare and send the notice to Mecca upon approval of this item. In addition,the Contract requires the County to have issued, on or before June 1, the bondsto fund payment of the $60,000,000 purchase price. Upon delivery of this noticeand issuance of the bonds, the County will be required to close under theContract, without further contingencies. In order to meet the deadlines to deliverthe Scripps site, per the State and County contracts with Scripps, the Countymust gain access on June 1 and proceed with site development. This differsfrom the County's normal procedure where, prior to being obligated to close, wewould thoroughly understand the property's development potential, have theland development approvals secured and know the costs of infrastructure,permit conditions and required mitigation. (PREM) Countywide (HJF) (FD&O)

31 5D-4 ADD-ON: Staff recommends motion to approve: Amendment No. 2 to theContract with Hedrick Brothers Construction Co., Inc (R2003-0419) increasingthe Guaranteed Maximum Price for demolition and salvage by $245,167.14 and77 days for additional asbestos abatement work in the Old Courthouse.SUMMARY: On March 11, 2003, the Board entered into a contract with Hedrickfor construction management services for the Courthouse Restoration.Amendment No. 1 established a GMP of $2,810,608 for demolition of the 1970structure and selective demo/salvage of the 1916 courthouse, 1927 addition and1955 addition with a duration of 200 days. During the course of the work, thecontractor discovered asbestos containing materials which were not known toexist by the County and were not foreseeable by the Contractor based on theinformation resulting from the 1996 abatement and reasonable due diligenceand pre-demolition assessments by the Contractor. As a result the Contractoris entitled to be paid for this work as it is outside of the GMP previouslyestablished. Both the Contractor and the County ’s asbestos consultant are inagreement as to the scope of the work as well as the manner in which it is to beperformed. This increase in the GMP will cover all asbestos abatement workthat is currently known as well as any other that may be discovered during theremainder of the work. The 77 day extension represents the impact to the criticalpath. The M/WBE goal for this project is 15% Overall, including 5% Blackparticipation. Including the participation in this Amendment, the participation todate is 66%. Staff is recommending approval in order to move forward with thedemolition, subsequent evaluation and because this work would be requiredeven if the County were demolishing the entire structure. It is Staff’s belief thatthis abatement may well have been within the scope of the 1996 abatement andconsultant contracts and has begun its evaluation of possible claims against theabatement contractor and/or consultant. It is too early to speculate as to whenthe claims would be resolved or the County’s success in recovering any or allthat it seeks. At the end of the demolition phase, there is an evaluation periodto confirm the condition of the building, the existence of materials to besalvaged, and to confirm the project budget. A separate GMP will be presentedfor the restoration. (Capital Improvements Division) Countywide (JM) (FD&O)

31 5E-1 DELETED: the Chair’s signature on an eighteen (18) month, $859,040 proposalsubmitted to the United States Department of Justice for the establishment ofa "one-stop" Domestic Violence Family Justice Center in Palm Beach County.(PubSafety) (Further staff review) (Moved to 4/13/04)

NOTE: Items that were revised, added, deleted, or backup submitted and were not listed on thepreliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).

ORDER OF BUSINESS BOARD OF COUNTY ... - co.palm-beach.fl.us · right-of-way to the City of Palm...

Documents

Transcript of ORDER OF BUSINESS BOARD OF COUNTY ... - co.palm-beach.fl.us · right-of-way to the City of Palm...