ORDER OF BUSINESS BOARD OF COUNTY COMMISSIONERS … WEB.pdf · 3D-2 Quit-Claim Deed to P&Z Construction, Inc. 3D-3 the Appointment of Successor Remarketing Agent for the Florida Convalescent

1

ORDER OF BUSINESSBOARD OF COUNTY COMMISSIONERS

BOARD MEETINGPALM BEACH COUNTY, FLORIDA

MAY 20, 2003

TUESDAY COMMISSION9:30 A.M. CHAMBERS

JOE SMITH1. CALL TO ORDER DEPUTY CLERK

C. Pledge of Allegiance

2. AGENDA APPROVAL

A. Additions, Deletions, SubstitutionsB. Adoption

3. CONSENT AGENDA (Page 7 - 29)

4. PUBLIC HEARINGS - 9:30 A.M. (Page 30 -32)

5. REGULAR AGENDA (Page 33 - 39)TIME CERTAIN 11:00 A.M. (Final Report by FAU/FIU regarding sub-jury districts) (Page 35)

6. BOARD APPOINTMENTS (Page 40 - 45)

7. STAFF COMMENTS (Page 46)

8. COMMISSIONER COMMENTS (Page 47)

9. ADJOURNMENT (Page 47)

* * * * * * * * * * *

2

MAY 20, 2003

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATIONPage 7

3A-1 Standard funding agreement with the City of Boynton Beach3A-2 Standard Agreements for WUD3A-3 Contract with TLC Diversified, Inc. for WUD3A-4 Standard contracts/agreements for the Department of Airports3A-5 Interlocal Agreement with the School Board

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 9

3C-1 Memorandum of Understanding with SFWMD and the Boca Woods POA3C-2 County Deed to the School District3C-3 Financial Assistance Agreement with the Village of Wellington3C-4 Reimbursement agreement with Riverside Oaks, LLC3C-5 Locally Funded Agreement with FDOT for bridge replacement at Florida’s Turnpike over West

Atlantic AvenuePage 10

3C-6 Amendment to the Annual Traffic Signal Contract with Designed Traffic Installation Co.3C-7 Resolution vacating utility easements within The Oaks at Roca Raton, Plat One3C-8 Budget Transfer of $3,5003C-9 Fourth Amendment to Funding Agreement with Abacoa Town Center Master Property Owners

Assoc., Inc. For trolley services3C-10 Financial Assistance Agreement with the City of Delray Beach

Page 113C-11 Revision to PPM ETO-500, also know as the Street Lighting Policy3C-12 Supplemental Agreement No. 4 with Greenhorne & O’Mara, Inc.3C-13 A $228,197.64 agreement with American Consulting Engineers of Florida, LLC for

professional design services3C-14 Budget Transfer of $5,000

D. COUNTY ATTORNEYPage 12

3D-1 Continual proxy appointing Commissioner Marcus as PBC’s representative for the annualmeeting of the Pal Mar Water Control District

3D-2 Quit-Claim Deed to P&Z Construction, Inc.3D-3 the Appointment of Successor Remarketing Agent for the Florida Convalescent Centers, Inc.

Bond project

E. COMMUNITY SERVICESPage 12

3E-1 Transfer of Dodge Passenger Van to Gulfstream Goodwill Industries, Inc.Page 13

3E-2 Budget Amendment of $15,0003E-3 Ratify the Chair’s signature on the Senior AIDES Project Modification Agreement3E-4 Lease Agreement with Operation Hope, Inc.

3

MAY 20, 2003

TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

F. AIRPORTSPage 13

3F-1 Second Amendment to the Lease Agreement with Aircraft Service International, Inc.Page 14

3F-2 Agreements to purchase properties located West of Runway 9L3F-3 North PBC General Aviation Airport DRI Annual Report3F-4 PBIA DRI Annual Report

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGETPage 15

3G-1 Payment to the Village of Royal Palm Beach 3G-2 Resolution declaring the County’s official intent to seek reimbursement for expenditures

regarding Recreational and Cultural Projects Bonds

H. FACILITIES DEVELOPMENT & OPERATIONSPage 15

3H-1 JOC Work Order with M.A.C. Construction, Inc. For renovations in the Judicial Center for theClerk of the Circuit Court

3H-2 CO No. 1 to Contract with DPC General Contractors, Inc.Page 16

3H-3 Contract with Hanson Professional Services, Inc. For architectural services3H-4 Interlocal Agreement with the Village of Wellington3H-5 Resolution conveying interest in vacant land to the City of Delray Beach

Page 173H-6 Resolution conveying right-of-way to Lantana Construction Corp.3H-7 Temporary Construction Easement in favor of Murphy Construction Co. 3H-8 CO No. 11 to Contract with McTeague Construction Co.

Page 183H-9 Interlocal Agreement with Martin County regarding the 800 MHz Radio System3H-10 Interlocal Agreement with the Town of Juno Beach

I. HOUSING & COMMUNITY DEVELOPMENTPage 18

3I-1 Agreement with United Forward, Inc. and UF Fluid Systems, Inc. In CDBG funds3I-2 Amendment No. 1 to Agreement with the City of Riviera Beach for CDBG funds

Page 193I-3 Waiver to exceed the per home limit for lead-based paint related costs in connection with the

Property Rehabilitation Program3I-4 Additional funding to complete the emergency rehabilitation project under the Emergency

Rehabilitation Program3I-5 Request for Release of Funds and Certification form for a project funded under the HOME

Program

J. PLANNING, ZONING & BUILDINGPage 20

3J-1 Resolution changing a portion of the street name for two (2) streets3J-2 Resolutions granting a tax exemption for two (2) historic properties3J-3 Agreement with the Health Department to provide sanitary abatement services

K. WATER UTILITIESPage 21

3K-1 A $3,378,020 contract with Murray Logan Construction, Inc. For Pump Station Rehabilitationand Force Main Extension Project

3K-2 CO No. 3 to Contract with The Haskell Co. For Water Treatment Plant No. 9Page 22

3K-3 Work Authorization No. 8 to the WUD Continuing Construction Contract with Foster MarineContractors, Inc.

4

MAY 20, 2003

TABLE OF CONTENTS


L. ENVIRONMENTAL RESOURCES MANAGEMENTPage 22

3L-1 Resolution urging Congress to appropriate no less than $150 million in FY 2004 for protectingand enhancing America’s beaches

3L-2 Resolution amending the Natural Areas Management Advisory Committee3L-3 Budget Transfer of $25,000

Page 233L-4 Amendment No. 4 to DEP Agreement

M. PARKS & RECREATIONPage 23

3M-1 Agreement with the Young Men’s Christian Association of South Palm Beach County, Inc.Page 24

3M-2 Agreement with the City of Pahokee3M-3 Agreement with the Royal Palm Beach Youth Softball Association, Inc.

Page 243M-4 Agreement with the Urban League of Palm Beach County, Inc.

Page 253M-5 Agreement with the Boys and Girls Clubs of Palm Beach County, Inc.

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION - None

R. EMPLOYEE RELATIONS & PERSONNEL - None

S. FIRE RESCUE - None

T. HEALTH DEPARTMENT - None

U. INFORMATION SYSTEMS SERVICES Page 26

3U-1 REVISED TITLE: Three Contracts with Computer Associates and a Settlement Agreement3U-2 Confirming Purchase Orders for cellular telephone service

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC INFORMATION OFFICE - None

X. PUBLIC SAFETY - None

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

AA. PALM TRAN Page 27

3AA-1 Travel and related expenses for Palm Trans Services Board Member3AA-2 Fourth Amendment to the Contract with Walter Transport Corp., d/b/a Palm Beach Medical

5

MAY 20, 2003

TABLE OF CONTENTS


BB. SHERIFFPage 28

3BB-1 Budget Transfer of $50,0003BB-2 Budget Transfer of $84,5003BB-3 Budget Transfer of $211,560

COURT ADMINISTRATIONPage 29

3CC-1 Contract with the State of Florida, Department of Revenue

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

4A Resolution abandoning a portion of a 20 foot wide Drainage Easement4B TEFRA Public Hearing and Bond Resolution for the benefit of the Joseph L. Morse Geriatric

Center, Inc.4C TEFRA Public Hearing and Bond Resolution for the funding of a loan to Saint Andrew’s School

of Boca Raton, Inc.Page 31

4D Ordinance pertaining to Lobbyist Regulations4E Code Enforcement Citation Ordinance4F Petroleum Storage Systems Ordinance

Page 324G Petroleum Contamination Cleanup Criteria Ordinance4H Ordinance granting an exemption from ad valorem taxation to South Florida Janitorial & Pool

Supply, Inc.

REGULAR AGENDA

ADMINISTRATIONPage 33

5A-1 ADD-ON: Convention Center

COUNTY ATTORNEYPage 33

5B-1 Amending Resolution providing for an increase in the amount of Bonds authorized to beissued by the Housing Finance Authority for the Renaissance Apartments Project

OFFICE OF FINANCIAL MANAGEMENT AND BUDGETPage 33

5C-1 Amended Resolution authorizing the issuance of Water and Sewer Revenue RefundingBonds, Series 2003

FACILITIES DEVELOPMENT & OPERATIONSPage 34

5D-1 Budget Transfer of $3,741,499 from reserves in the $80.705M Convention Center Bond Fund

5D-2 REVISED TITLE & SUMMARY: Fifty-one (51) foot expansion of an existing Utility Easementwithin Howard Park and a Temporary Construction Easement within Howard Park from theCity of WPB for the Convention Center construction

6

MAY 20, 2003

TABLE OF CONTENTSREGULAR AGENDA CONTINUED

PUBLIC INFORMATIONPage 35

5E-1 Final Report submitted by FAU/FIU Joint Center regarding sub-jury districts TIME CERTAIN11:00 A.M.

PALM TRANPage 35

5F-1 Allocation of Federal Transit Formula Funds Page 36

5G-1 ADD-ON: Standard Contract with the Area Agency on Aging of Palm Beach/Treasure Coast,Inc. (AAA)

5G-2 ADD-ON: Amendment Standard Contracts for the Community Care for the Elderly (CCE)Program

Page 375H-1 ADD-ON: Budget Transfer of $102,8555 from Royal Palm Estates5I-1 ADD-ON: Resolution requesting that the Governor veto CS for CS for SB 1660,

Page 385J-1 ADD-ON: The Department of Airports to terminate the Fixed Base Operator and Lease

Agreement of Palm Beach County Glades Airport5J-2 ADD-ON: Resolution of the BCC Establishing a monthly rental rate for T-hanger units

Page 395J-3 ADD-ON: Agreement with Trump International Golf Club, L.C. and The Youth Recreation

AssociationADMINISTRATION

Page 406A-1 REVISED TITLE: The reappointment of Marie Horenburger to the Tri-County Commuter ENVIRONMENTAL RESOURCES MANAGEMENT

Page 406B-1 Appointment of one(1) at-large member to fill vacant seat No. 10

Page 416C-1 Appointment Representatives to Head Start/Early Head Start Policy Council6C-2 At-Large Members to the Palm Beach County Citizens Advisory CommitteeBOARD APPOINTMENTS

Page 426D-1 Reappointment of four (4) At-Large members to the Palm Tran Service Board:

Page 43PUBLIC SAFETY6E-1 The appointment of two(2) representatives to the Animal Care & Control Advisory BoardPLANNING, ZONING & BUILDING

Page 446F-1 reappointment of three (3) members to the Historic Resources Review Board6F-2 reappointment of the following named individuals to the Building Code Advisory BoardOFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 456G-1 Appointment of one (1) new member to the investment Policy Committee6H-1 Add On Appointment of one (1) member to the Traffic Performance Standards Committee

COMMISSION DISTRICT APPOINTMENTS

BOARD APPOINTMENTS (Page 40 - 45)

STAFF COMMENTS (Page 46)

COMMISSIONER COMMENTS (Page 47)

ADJOURNMENT (Page 47)

7

MAY 20, 2003

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. APPROVED R-2003-0661.1Staff recommends motion to receive and file: Standard funding agreement with City ofBoynton Beach, in the amount of $30,000 for the period October 1, 2002 through September30, 2003 to provide specific animal services as a partner with the Animal Care and ControlDivision. Countywide

2. APPROVEDStaff recommends motion to receive and file: One (1) Standard Development Agreementand one (1) Standard Development Renewal Agreement for the Water Utilities Department.

Standard Development Agreement

A) APPROVED R-2003-0662G. L. Homes of Boca Raton Associates V, Ltd. 09-01037-000

Standard Development Renewal Agreement

A) APPROVED R-2003-0663Tuscan Harvey Estate Homes, Inc. 09-00590-R04

3. APPROVED R-2003-0664Staff recommends motion to receive and file: The executed Contract with TLC Diversified,Inc., for Pump Station at Villa Lago Rehabilitation for the Water Utilities Department.Countywide

4. APPROVEDStaff recommends motion to receive and file: Two (2) Standard Countycontracts/agreements/grants for the Department of Airports.

A) APPROVED R-2003-0665North County T-Hanger Lease Agreement for Hanger 11300-11, signed by Thomas A.Mavracic and dated May 1, 2003; and

B) APPROVED R-2003-0666North County T-Hangar Lease Agreement for Hanger 11350-3, signed by Ivan Dezelic anddated May 1, 2003.

5. APPROVED R-2003-0667Staff recommends motion to approve: Interlocal Agreement with the Palm Beach CountySchool Board setting the terms and conditions for acceptance of grant funds under the DriverEducation Safety Trust Fund Program. SUMMARY: On April 15, 2003 the Board approveda funding agreement (R2003-0507) with the Palm Beach County School Board . This item isbeing brought back due to a scrivener error. This agreement has been executed by theSchool Board. Countywide (AP)

8

MAY 20, 2003


B. CLERK Cont’d

1. Staff recommends motion to approve: Warrant List.

2. APPROVEDStaff recommends motion to approve: Minutes of the following meetings: Regular ofJanuary 7, 2003; Joint Meeting/Martin County of January 21, 2003; Legislative Delegation ofJanuary 29, 2003; Regular/Workshop of February 18, 2003; Regular/Workshop of March 25,2003 and Joint Meeting of April 8, 2003.

3. APPROVED R-2003-0668Staff recommends motion to approve: Contracts and claims settlements list.

4. APPROVED R-2003-0669Staff recommends motion to receive and file: Change orders, work task orders, minorcontracts, and final payments approved by the Contract Review Committee and by thedepartment heads for the Engineering; Facilities Development and Operations; Water Utilities;and Environmental Resources Departments; and the Department of Airports during the monthof March, 2003.

9

MAY 20, 2003


C. ENGINEERING & PUBLIC WORKS

1. APPROVED R-2003-0670Staff recommends motion to approve: a Memorandum of Understanding (MOU) with theSouth Florida Water Management District (SFWMD) and the Boca Woods Property OwnersAssociation (POA) for the operation of a water control structure within the Boca WoodsDevelopment. SUMMARY: As part of the permit process with the SFWMD for the operationof the water control structure, it is required that the County and the Boca Woods POA enterinto a MOU for the authorization to open and close the proposed water control structurelocated within the Boca Woods Development. The MOU gives the County the authority tooperate the water control structure. The operation of the control structure will be initiatedwhen, in anticipation of or in response to, defined emergency triggers/parameters containedwithin the permit are met. District 5 (MRE)

2. ADOPTED R-2003-0671Staff recommends motion to adopt: a Resolution approving a County Deed which willconvey right-of-way no longer required for Jog Road at Roebuck Road to The School Districtof Palm Beach County. SUMMARY: This action will convey Jog Road right-of-way no longerrequired. District 2 (PK)

3. Staff recommends motion to approve:

A) APPROVED R-2003-0672a Financial Assistance Agreement, in the amount of $100,000, with the Village of Wellington,for resurfacing and reconstruction of 12th Fairway Road; and

B) APPROVEDBudget Transfer of $100,000 in the Transportation Improvement Fund from Reserve forDistrict 6 to 12th Fairway Road Resurface/Reconstruct - District 6.

SUMMARY: This Agreement and Budget Transfer provide funding up to $100,000 to theVillage of Wellington for resurfacing and reconstruction of 12th Fairway Road within Villagelimits. District 6 (MRE)

4. APPROVED R-2003-0673Staff recommends motion to approve: a Reimbursement Agreement with Riverside Oaks,LLC for construction of drainage improvements to Riverside Drive. SUMMARY: ThisAgreement provides reimbursement up to $26,800 to Riverside Oaks, LLC for drainageimprovements constructed on Riverside Drive. District 1 (MRE)

5. Staff recommends motion to:

A) APPROVED R-2003-0674approve a Locally Funded Agreement with the Florida Department of Transportation DistrictFour and the State of Florida Department of Transportation Florida’s Turnpike Enterprise(FDOT) for the bridge replacement at Florida’s Turnpike over West Atlantic Avenue in PalmBeach County, Florida in the amount of $2,500,000 funded in the Adopted Road Program; andadopt a Resolution authorizing this Agreement.

SUMMARY: Through this Agreement, the FDOT will construct a new bridge on Florida’sTurnpike that will accommodate the ultimate six (6) lane section on West Atlantic Avenue.The County’s obligation is one-third of the total cost, estimated to be $7,5000,000. TheCounty’s share is a lump sum payment of $2,500,000. District 5 (MRE)

10

MAY 20, 2003


C. ENGINEERING & PUBLIC WORKS (Cont’d)

6. APPROVED R-2003-0675Staff recommends motion to approve: an Amendment to the Annual Traffic Signal Contractdated April 16, 2002, (R2002-0521) with Designed Traffic Installation Co. for signalinstallations. SUMMARY: The Amendment to the Annual Traffic Signal Contract is for theaddition of numerous new mast arm items and an increase in the Contract amount of$250,000. The maximum value of Work Orders issued under the existing Contract, togetherwith this Amendment, shall not, in any case, exceed $2,750,000. Minority/Women BusinessEnterprise (M/WBE) goals were established by the Goal Setting Committee at 12% overallparticipation. Designed Traffic Installation Co. reached 36.4% Hispanic participation.Countywide (MRE)

7. APPROVED R-2003-0676Staff recommends motion to adopt: a Resolution vacating certain utility easements andTract R-2 (a portion of a private access tract called Oaks Club Drive) within The Oaks at BocaRaton, Plat One, as recorded in Plat Book 95, Pages 16-22, Public Records of Palm BeachCounty, Florida. SUMMARY: This petition site is located north of Clint Moore Road and eastof State Road 7. The petitioner is requesting the vacation because the platted easements andprivate access tract conflict with the proposed replat of the area. District 5 (PK)

8. APPROVEDStaff recommends motion to approve: Budget Transfer of $3,500 in the TransportationImprovement Fund from Reserve for District 4, to Military Trail South at Lenox/Flasher -District 4. SUMMARY: This action will initiate a Budget Transfer of $3,500 required to fundthe installation of 1 pedestal mounted advance warning flasher traffic control device on northbound Military Trail, south of Lennox Drive. District 4 (MRE)


A) APPROVED R-2003-0677A Fourth Amendment to the Funding Agreement with Abacoa Town Center Master PropertyOwners Association, Inc., (Resolution Nos. R2001-0806, R2001-1895, R2002-0739 andR2002-1784) to extend trolley services from May 31, 2003 to September 30, 2003; and

B) APPROVEDA Budget Transfer of $52,164 in the Transportation Improvement Fund from Reserve forDistrict 1 to Abacoa Property Owners’ Association, Inc., Mass Transit.

SUMMARY: This Fourth Amendment to the Funding Agreement provides additional fundingto the Abacoa Town Center Master Property Owners Association, Inc., allowing extension oftrolley services, within the development, from May 31, 2003 to September 30, 2003. District1 (MRE)


A) APPROVED R-2003-0678a Financial Assistance Agreement of $225,000 for Phase I in FY 2003 and $225,000 forPhase II in FY 2004 toward construction of NW/SW 5th Avenue in the City of Delray Beach;and

B) APPROVEDBudget Transfer of $250,000 in the Transportation Improvement Fund from Reserve forDistrict 7 to NW/SW 5th Avenue Road Project - District 7.

SUMMARY: This Agreement and Budget Transfer provide funding up to $250,000 to the Cityof Delray Beach for construction of street improvements for Phase I of the City of DelrayBeach NW/SW 5th Avenue Road Improvement Project. District 7 (MRE)

11

MAY 20, 2003


C. ENGINEERING & PUBLIC WORKS (Cont’d)

11. APPROVEDStaff recommends motion to approve: a Revision to PPM ETO-500, also known as theStreet Lighting Policy, to include additional guidelines on the use of “discretionary” or “districtreserve” funding for Street Lighting. SUMMARY: Staff requests a change in the current StreetLighting Policy to allow the use of “discretionary” or “district reserve” funds for street lighting.This discretionary funding could be used to request street lighting that does not meet currentpolicy requirements and, therefore, would not be recommended or funded through the AnnualStreet Lighting Program. Countywide (MRE)

12. APPROVED R-2003-0679Staff recommends motion to approve: Supplemental Agreement No. 4 in the amount of$397,449.64, with Greenhorne & O’Mara, Inc. (GOI) for Okeechobee Boulevard from Westof State Road 7 to East of Jog Road (Project). SUMMARY: This Supplemental Agreementwill provide the professional services required to prepare design plans and construction biddocuments for the Project. Districts 2 & 6 (ME)

13. APPROVED R-2003-0680Staff recommends motion to approve: a $228,197.64 Agreement with American ConsultingEngineers of Florida, LLC (ACE) for professional design services for Lyons Road - North ofForest Hill Boulevard to South of S.R. 80, (Project). SUMMARY: This Agreement will providethe necessary professional design services required to prepare design plans, construction biddocuments, and procure all sub-consultant services for the Project. During the Selectionprocess of the Project, Palm Beach County’s annual Minority/Women Business Enterprise’s(M/WBE) goal was 11.1% participation. The M/WBE participation achieved is 20.1%,comprising of Betsy Lindsay, Inc. - WBE (13.6%), and Nodarse & Associates, Inc. - WBE(6.5%). District 6 (PK)


A) APPROVEDBudget Transfer of $5,000 in the Unincorporated Improvement Fund from Reserves to theCountry Oaks Lane Street Improvement Project; and

B) APPROVEDAppraisal and Acquisition of property for a Drainage Easement for the Country Oaks LaneStreet Improvement Project.

SUMMARY: This action will provide for the authority to appraise and acquire property for aDrainage Easement running east from the end of the roadway to the Intra-coastal Waterway.The Budget Transfer will fund Right-of-Way Acquisition start up costs of $5,000. District 1(PK)

12

MAY 20, 2003


D. COUNTY ATTORNEY

1. APPROVED R-2003-0681Staff recommends motion to approve: a continual proxy appointing Commissioner KarenT. Marcus as Palm Beach County’s representative for purposes of voting at the June 12, 2003annual landowners’ meeting and at each annual meeting thereafter of the Pal Mar WaterControl District, until the proxy is revoked. SUMMARY: Palm Beach County has been alandowner in Pal Mar for several years and, as such, is entitled to vote in elections at annuallandowners’ meetings. Commissioner Marcus is the Board of County Commissioner’sappointed representative on Pal Mar’s governing board. She is also authorized to vote onbehalf of the County as a Pal Mar landowner pursuant to a proxy last updated and approvedby the BCC on June 8, 1999. Voting is on a one-acre-equals-one-vote basis. The proxyneeds to be revised since the number of acres that the County owns in Pal Mar has changedsince the last proxy was approved. District 1 (HJ)

2. APPROVED R-2003-0682Staff recommends motion to approve: a Quit-Claim Deed to P&Z Construction, Inc.,conveying any county interest in certain rights-of-way in Palm Beach Farms Plat No. 3.SUMMARY: Recent recorded quit-claim deeds to the County from West Peninsular TitleCompany and Absolute, Inc. have raised title issues. County Quit-Claim Deeds have beenused to resolve this title issue with other affected property owners. The alternative is a quiettitle action to clear the title with litigation costs to the County. This Quit-Claim Deed coverscertain Palm Beach Farms Plat No.3 right-of-way strips that had lost public dedication throughthe West Peninsular federal lawsuit. The property is located adjacent to 6900 Arbor LakesRoad, City of Greenacres, Florida 33413. District 2 (PFK)

3. APPROVED R-2003-0683Staff recommends motion to approve: the Appointment of Successor Remarketing Agent,appointing Southwest Securities, Inc. as successor remarketing agent for the $5,500,000Palm Beach County, Florida, Industrial Development Revenue Bonds, Series 1986 (FloridaConvalescent Centers, Inc. Project) (the “Bonds”). SUMMARY: Lehman Brothers, Inc., hassubmitted its resignation as remarketing agent for the Bonds, as allowed under Section 1124of the Trust Indenture dated as of November 1, 1986 ®-86-1768), and amended and restatedas of March 10, 1987 (R87-407), and further amended and restated as of June 30, 1991 ®-91-125), as supplemented by First Supplemental Indenture of Trust, dated October 3, 1991 (R91-285). Pursuant to the said Section 1124 of the Trust Indenture, Palm Beach County, as issuerof the Bonds, appoints the successor remarketing agent. The parties to the Bonds haverequested that Southwest Securities, Inc. be appointed as the successor remarketing agentthe Bonds, and Southwest Securities, Inc. has agreed to accept such appointment. Theappointment of Southwest Securities, Inc. as successor remarketing agent requires formalaction by the Board’s approval of the Appointment of Successor Remarketing Agent. District7 (PFK)

E. COMMUNITY SERVICES

1. APPROVEDStaff recommends motion to approve: Transfer of property (2001 Dodge 3500 15Passenger Van - VIN No.2B5WB35Y31K517046 - Asset No. 10133044) to GulfstreamGoodwill Industries, Inc., a non-profit agency that serves homeless individuals through theCounty’s HUD grant. SUMMARY: The Division of Human Services is recommending thetransfer of a 15 passenger vehicle (valued at $15,000) purchased in 2001 with a StateDepartment of Children and Families (DCF) grant. DCF concurs with this transfer toGulfstream Goodwill Industries (GGI); they have served as the housing subcontractor sincethe 1996 (Project SUCCESS) HUD grant award to the County. GGI will utilize the vehicle toprovide transportation services to homeless individuals at Project SUCCESS. (HumanServices) Countywide (TKF)

13

MAY 20, 2003


E. COMMUNITY SERVICES (Cont’d)

2. APPROVEDStaff recommends motion to approve: Budget Amendment of $15,000 to increase theDOSS - Administration (168). SUMMARY: The Estate of Maria Casanova made a specialprivate donation of $15,000 to Palm Beach County, Florida for services provided by theDivision of Senior Services (DOSS). DOSS will use the money to set up a Special DonationNon-Grant Fund to make needed purchases for DOSS clients that are unable to be providedfor under any grant funded program. DOSS staff will be required to complete an applicationfor purchases from the special funds, and have a committee that makes the final decision onhow funds are expended. (DOSS) Countywide except for portions of District 3, 4, 5 and 7south of Hypoluxo Road (TKF)


A) APPROVED R-2003-0684 ratify the Chair’s signature on the Senior AIDES Project Modification Agreement with SeniorService America, Inc. (SSAI) for additional funding in the amount of $5,426;

B) APPROVED R-2003-0685approve the Senior AIDES Project Modification Agreement with SSAI in the amount of$60,000; and

C) APPROVEDapprove Budget Amendment of $65,426 for the Senior AIDES Training and EmploymentProgram (SATEP) under Title V of the Older Americans Act for the period July 1, 2002 throughJune 30, 2003.

SUMMARY: Ratification and approval of these agreements and budget amendment willenable the Senior AIDES Program to provide additional funding for training and employmentto senior participants. The additional funding of $5, 426 for Private Sector Initiative (PSI) and$60,000 for wages and fringe benefits was received by the Senior AIDES Training andEmployment Program (SATEP) on March 26, 2003. (Senior AIDES) Countywide (TKF)

4. APPROVED R-2003-0686Staff recommends motion to approve: Lease Agreement with Operation Hope, Inc. toprovide temporary housing for Community Action Program (CAP) clients in an amount not-to-exceed $22,200 for the period June 1, 2003 through May 30, 2004. SUMMARY: TheCommunity Action Program receives funds through the Community Services Block Grant(CSBG) to provide temporary shelter for low-income individuals and families. Clients whomeet certain income criteria receive housing for a maximum of one year with the average staybeing three to six months. The leased property at 3501 Old Dixie Highway in Riviera Beachprovides for five rooms (2 person occupancy). This lease was prepared by Property and RealEstate Management Division and includes an option to renew for twelve (12) months, iffunding is available at the current lease rate. The total cost of the lease is $22,200, whichconsists of $18,500 (80%) in Federal funds and $3,700 (20%) in County funds. The leasespans two fiscal years. Funding of $1,233 in County match is included in the current budgetand $2,467 has been requested in the proposed FY ‘04 budget. (Community Action Program)District 7 (TKF)

F. AIRPORTS

1. APPROVED R-2003-0687Staff recommends motion to approve: Second Amendment to the Airport Building/GroundLease Agreement (R93-1323D) with Aircraft Service International, Inc. (ASII). SUMMARY:The Department of Airports is requesting approval to amend ASII’s Airport Building/GroundLease to extend the expiration date from June 30, 2003 to June 30, 2004 and to incorporateupdated contractual language covering the tenant’s Uses and Rights, Rentals, InsuranceRequirements, Non-Discrimination and Notice provisions. Total annual rent remainsunchanged at $68,038.56 per year. Countywide (ND)

14

MAY 20, 2003


F. AIRPORTS (Cont’d)

2. APPROVEDStaff recommends motion to approve: Agreements to purchase the following properties ata total cost of $191,000. Said properties are located West of Runway 9L at Palm BeachInternational Airport:

APPROVED R-2003-0688John Banister, Esq.Personal Representative of the Estate of Robert Graves Daniel, Jr., (Deceased)4947 Lynnwood DriveWest Palm Beach, FL 33415 Parcel W-242Sales Price $91,000Replacement Housing $ N/A

APPROVED R-2003-0689Guillermo Rojas4920 Homewood DriveWest Palm Beach, FL 33415 Parcel W-248Sales Price $100,000Replacement Housing $ N/A

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


A) APPROVEDreceive and file the North Palm Beach County General Aviation Airport Development ofRegional Impact (DRI) Annual Report; and

B) AUTHORIZEDauthorize distribution of the Annual Report in accordance with Section 380.06(18) FloridaStatutes.

SUMMARY: Resolution No. 90-294 requires this Annual DRI Report to be submitted annuallyto the Board of County Commissioners, Treasure Coast Regional Planning Council, State ofFlorida Department of Community Affairs, and all affected permitting agencies. Countywide(GPS)


A) APPROVEDreceive and file the PBIA Development of Regional Impact (DRI) Annual Report; and

B) AUTHORIZEDauthorize distribution of the Annual Report in accordance with Section 380.06(18) FloridaStatutes.

SUMMARY: The Development Order for Palm Beach International Airport requires that anAnnual Report on the activities of the Airport be submitted to the Board of CountyCommissioners, Treasure Coast Regional Planning Council, and other State and Localagencies. Countywide (GPS)

15

MAY 20, 2003


G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. APPROVEDStaff recommends motion to approve: Payment to the Village of Royal Palm Beach (theVillage) in the amount of $2,601.25 in reimbursement for 50% of the expenses incurred forwater testing and crane rental in conjunction with Fox Property flood prevention in the LaMancha area of Royal Palm Beach. SUMMARY: During the summer of 2001 heavy rainsfilled the Pond Cypress Natural Area (the Fox Property) of Royal Palm Beach. It wasnecessary for the Village to request an emergency order to “pump down” the area to preventpotential flooding of residential homes in the La Mancha neighborhood. There was an oralagreement that the County and the Village would share the cost of the pumping on a 50/50basis. The Board approved the reimbursement ($27,271) in April, 2002. Subsequently, theVillage received $5,202.50 in additional invoices and is seeking reimbursement of 50% or$2,601.25 from the County. District 6 (NJD)

2. ADOPTED R-2003-0690Staff recommends motion to adopt: a Resolution declaring the County’s official intent toseek reimbursement for certain capital expenditures to be made with respect to theacquisition, construction and/or improvements of or to certain recreational and cultural projectsfrom the proceeds of its not-to-exceed $50 Million General Obligation Bonds (Recreationaland Cultural Projects) and providing for an effective date. SUMMARY: On May 5, 2003, theBoard authorized the issuance of not exceeding $50 Million General Obligation Bonds(Recreational and Cultural Facilities) (the Projects). This resolution allows the County to bereimbursed for certain capital expenditures in connection with the Projects prior to theissuance of the bonds. Countywide (PK)

H. FACILITIES DEVELOPMENT & OPERATIONS

1. APPROVED R-2003-0691Staff recommends motion to approve: A JOC Work Order No. 03-106 with M.A.C.Construction, Inc., (R2002-1049) in the amount of $215,606.88 for improvements to the shellspace and interior renovations in the Judicial Center for the Clerk of the Circuit Court.SUMMARY: The work consists of build-out of 3,600 sf. of shell space on the 4th Floor of theJudicial Center for the Clerk’s Automation Section and modifications to the adjacent RecordingSection including carpet replacement and service counter modifications. The M/WBEparticipation in this work order is 100.00% Overall, of which 20.00% is Black, 71.23% isWoman, 6.91% is Hispanic, and 1.86% is Other. When the participation for this work orderis added to M.A.C.’s total participation-to-date, the resulting values are 60.6% Overall, ofwhich 11.0% is Black, 6.2% is Hispanic, 42.7% is Woman, and 0.7% is Other. The totalconstruction duration is 180 days. This work will comply with all applicable local, state, andfederal codes and regulations. (FD&O Admin) District 7 (JM)

2. APPROVED R-2003-0692Staff recommends motion to approve: Change Order No. 1 to the Contract with DPCGeneral Contractors, Inc., (R2002-1876) in the amount of $196,847.96 and a thirty (30) daytime extension. SUMMARY: On October 22, 2002, the Board entered into a contract withGHP/DPC Joint Venture, Inc. for removal of the Government Center Sun Shades. Thatcontract was subsequently reassigned to DPC General Contractors, Inc. on February 25,2003. In November, 2002, a trial portion of the sun shade structures was removed from thenortheast corner of the Government Center Building to verify the validity of the Contractor’sapproach to their work. It was discovered at that time that sections of the sun shades thatexceed ten (10) feet in length contain structural steel along with light gage metal stud framingmembers. This discovery, which was not shown on the record drawings and was not foundin the pre-construction investigation and sampling, has required the Contractor to change themethod of demolition and abatement due to the additional weight of structural steel versuslight gage metal stud framing. The original contract contained an overall M/WBE participationof 5.91% with 3.03% Black in response to the policy statement issued in the proposal. Thischange order amends the overall participation to 4.55% with 2.97% Black. (CapitalImprovements Division) Countywide (JM)

16

MAY 20, 2003


H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

3. APPROVED R-2003-0693Staff recommends motion to approve: Contract with Hanson Professional Services, Inc.to provide architectural services on a continuing contract basis. SUMMARY: The purposeof this contract is to have a consultant pre-selected and under contract to provide architecturalservices for capital improvements projects generally with a construction value less than$1,000,000. Consultant fees will be negotiated on an individual basis for the identifiedprojects. This contract will be for one (1) year with three (3) one (1) year renewal options.Pursuant to County Ordinances, this contract includes a goal of 15% which can be metthrough the use of either M/WBE or SBE firms. (Capital Improvements Division) Countywide(JM).

4. APPROVED R-2003-0694Staff recommends motion to approve: Interlocal Agreement with the Village of Wellingtonfor the County to lease and maintain a fuel control reader at the Village’s public works facility.SUMMARY: Since 1990 Fleet Management leased equipment to the Acme ImprovementDistrict/Village of Wellington. The terms of the lease require the County to provide andmaintain the fuel control reader, provide fuel access cards, and monthly fuel accounting toWellington. In exchange, Wellington pays equipment rental fees and for services provided bythe County. In addition, the Agreement provides that Wellington will allow PBSO to fuel at thislocation, which benefits law enforcement efforts. This agreement will be for a three (3) yearperiod and will provide for an extension for up to three (3) one (1) year periods upon requestby the Village and acceptance by the BCC. (Fleet Management) District 6 (ND)


A) ADOPTED R-2003-0695adopt a Resolution authorizing six (6) County Deeds conveying the County’s interest in six(6) properties, totaling 0.77 acres of vacant land, to the City of Delray Beach without chargeand with reservation of mineral and petroleum rights, but without rights of entry andexploration.

SUMMARY: All of the subject properties are located within the municipal boundaries of theCity of Delray Beach. The total assessed value of the six (6) properties is $51,186. FloridaStatutes Section 197.592(3) states that under certain conditions the County is to convey tomunicipalities in which they are located, properties acquired by the County for delinquenttaxes. The subject properties were acquired by tax deeds within the last two years. Thesubject properties have been declared surplus as they serve no present or future Countypurposes. Staff believes that these properties will be more appropriately developed, managedand maintained by the City of Delray Beach. The conveyance of surplus properties to themunicipality in which they are located is a major element of PREM’s disposition programadopted by the Board upon the recommendation of the Real Estate Assets Task Force.These conveyances will relieve the County of potential liability for occurrences on theproperties and also the cost of continued maintenance. The County will retain mineral andpetroleum rights in accordance with Florida Statutes Section 270.11, without rights of entryand exploration. (PREM) Districts 4 & 7 (HJF)

17

MAY 20, 2003


H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)6. Staff recommends motion to:

A) ADOPTED R-2003-0696adopt a Resolution authorizing a County Deed in favor of Lantana Construction Corporationfor the conveyance of 0.155 acres of canal right-of-way, to Lantana Construction Corporationwith reservation of mineral and petroleum rights, but without rights of entry and exploration;and a Deposit Receipt and Contract For Sale and Purchase with Lantana ConstructionCorporation; and a County Deed in favor of Lantana Construction Corporation.

SUMMARY: The L-2 Canal right-of-way, located between Belvedere Road and MercerAvenue in West Palm Beach, consists of 10.70 acres. Lantana Construction Corporation(LCC) owns a 59,000 square foot vacant industrial parcel on Old Okeechobee Road adjacentto the north boundary of the Canal. LCC has requested the County sell them a 0.155 acre(6,769 sq. ft.) portion of the Canal right-of-way that is adjacent to their property for $10,153.50($1.50/sq ft). LCC requested this in order to square-off their parcel to assist in itsdevelopment. Because of its location, this property is only useable by the adjacent propertyowners. Notice of the sale and the opportunity to bid on it was provided to the adjacentproperty owners pursuant to F.S. 125.35(2) and only one response was received from LCC.The County will retain an easement over 618 square feet of the property for canalmaintenance. (PREM) District 2 (HJF)

7. APPROVED R-2003-0697Staff recommends motion to approve: a Temporary Construction Easement in favor ofMurphy Construction Company. SUMMARY: In April 2001, the City of Boca Raton, togetherwith Environmental Resources Management, made an application to the Department ofEnvironmental Protection for a 25-year permit for a beach nourishment project located southof the Boca Raton Inlet which covers 5,060 feet along the shore and a 2.39 acre artificial reefapproximately 700 feet offshore. Murphy Construction Company (Murphy) has been selected,by Environmental Resources Management, as the contractor to build the reef. They haverequested a Temporary Construction Easement at the South Inlet Boca Raton Park to beutilized as a staging area. Murphy will compensate the Parks and Recreation Department$11,909.10 for lost revenues from daily pavilion rental fees which will be affected by thestaging area. In exchange for use of a staging area, Murphy will furnish and install rip rap toarmor and cover exposed steel sheet piling at the base of the existing seawall forapproximately 235 feet. Murphy will restore the park affected by the construction to theprevious condition upon completion of construction. The easement area is 46,077 square feetand only affects a small area of the Park. (PREM) District 4 (HJF)

8. APPROVED R-2003-0698Staff recommends motion to approve: Change Order No. 11 to the Contract withMcTeague Construction Co., Inc. (R2000-1873) for Fire Station No. 56, in the amount of$3,044.85 and a 119-day time extension. SUMMARY: On November 21, 2000, the Boardentered into a contract with McTeague Construction, in the base-bid amount of $1,364,000for construction of Fire Station No. 56. Change Order No. 11 will compensate the contractorto provide electrical service to the lift station and a time extension of 119 days, resulting froma change to the roof truss design, a re-design of the sanitary sewer crossing at Glades Road,and power delays to the building as a result of lift station issues. The minority participationassociated with this change order is 93.8% (Black) participation. The goals for this projectwere 20% overall and 10% Black. With this change, M/WBE participation is 24.6% overall,with 16.5% Black participation. This change order must be approved by the Board becausethe time extension exceeds the combined authority of the Contract Review Committee andthe Department Director. Change Order No. 11 is for work completed by the contractor priorto the approval date of the referenced change order. Approval of this change order will allowfor final close-out of the contract. The building was occupied on May 20, 2002. (CapitalImprovements Division) District 5 (JM)

18

MAY 20, 2003


H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

9. APPROVED R-2003-0699Staff recommends motion to approve: an Interlocal Agreement with Martin County allowingfor interoperable communications through the countywide common groups of the County’s 800MHz Radio System. SUMMARY: This Interlocal Agreement provides the conditions underwhich Martin County can program into its radios and utilize the countywide common talkgroups for certain types of inter-agency communications. The County’s system will not beutilized for routine operational communications by Martin County. The terms of the agreementare standard and have been offered to all municipalities and local branches of federalagencies with 800 MHz trunked radio capabilities. There are no charges associated with thisagreement. Martin County is required to pay all costs associated with subscriber units and tocomply with the established operating procedures for the System. The term of the agreementis for five (5) years with three (3), five (5) year renewals. The Agreement may be terminatedby either party, with or without cause. (Electronic Services) Countywide (ND)

10. APPROVED R-2003-0700Staff recommends motion to approve: an Interlocal Agreement with the Town of JunoBeach. SUMMARY: In the mid 1990's, the County’s Road & Bridge Division identified theneed for a satellite shop and material storage area in North County to increase theeffectiveness of service delivery to this area. This Agreement provides for the co-use of theTown’s 6 acre public works yard by the County’s Road & Bridge Division for the operation ofa satellite public works yard and material storage area. Road & Bridge currently utilizes aportion of an abandoned County ROW and current FPL ROW in Jupiter as the staging locationfor its North County operation. Due to the recent and future development in the area of thisyard, a new location is required. This location is actually more central to the Division’s needsand this partnership will benefit both the Town and the County. There is no cost for the co-useof the yard and the County will be responsible for all improvements and utilities installed andused on its own behalf. The term of the Interlocal is for a 10 year period, with one (1) 10 yearrenewal period. (FDO Admin) District 1 (JM)

I. HOUSING & COMMUNITY DEVELOPMENT

1. APPROVED R-2003-0701Staff recommends motion to approve: an Agreement with United Forward, Inc. & UF FluidSystems, Inc. for $50,000 in Community Development Block Grant (CDBG) funds from May1, 2003 to April 30, 2004 to purchase extrusion line equipment for use in the manufacture ofautomobile hoses at its facility located at 4020 Thor Drive, Boynton Beach, Florida.SUMMARY: Funding is being provided for this project as an economic development activity.The overall project will include renovation of the company’s manufacturing facility to includethe installation of extrusion lines that will allow for the manufacturing of automotive rubberhoses. CDBG funds will only be used toward the purchase of extrusion lines. The companyis required to create 3.33 full-time equivalent permanent jobs, and at least 51% of the jobscreated through this project must be held by low-and moderate-income persons. The City ofBoynton Beach is required to match amount on a dollar-for-dollar cash basis. These areFederal funds and do not require local matching funds. District 4 (TKF)

2. APPROVED R-2003-0702Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2002-2173)with the City of Riviera Beach, to provide an additional $50,000 in Community DevelopmentBlock Grant (CDBG) funds for street improvements in the City of Riviera Beach. SUMMARY:This amendment provides an additional $50,000 to complete the street improvements on West26th Street. The project initially received $212,000 in funding as set forth in the agreementwith the City of Riviera Beach. The City has received bids for the project, with the lowest bidbeing at $435,509. The City has agreed to fund $173,509 towards the construction contractand $26,500 towards the engineering fees. The shortfall of $50,000 would be addressedthrough this amendment. These are Federal funds that require no local match. District 7(TKF)

19

MAY 20, 2003


I. HOUSING & COMMUNITY DEVELOPMENT (Cont’d)

3. APPROVEDStaff recommends motion to approve: a Waiver to exceed the $10,000 per home limit forlead-based paint related costs in connection with the Property Rehabilitation Program byauthorizing $7,005 in additional funds to Lucille Dortch of Riviera Beach. SUMMARY: OnDecember 11, 2001, the BCC authorized the expenditure of up to $10,000 per home for lead-based paint related costs in connection with the rehabilitation of homes undertaken under theProperty Rehabilitation Program. This homeowner applied under this program, and had herhome inspected revealing the presence of lead-based paint. Bids have been solicited for theapplicant for both the rehabilitation of the home and for the removal of lead-based painthazards. Rehabilitation costs for the applicant are within the applicable limits allowed underthe policies for the Property Rehabilitation Program, and rehabilitation funding for the applicanthas been approved by HCD's Loan Review Committee, however, the costs related to lead-based paint have exceeded the BCC authorized $10,000 limit necessitating the approval ofthe requested $7,005 in additional funds to enable the implementation of this project. Theseare Federal funds that require no local match. District 7 (TKF)

4. APPROVEDStaff recommends motion to approve: Additional funding in the amount of $1,325 toGregorio Velasquez, of unincorporated West Palm Beach, Florida, to complete the emergencyrehabilitation project at his home, with a waiver to exceed the maximum funding amount of$8,000 as established under the policies and procedures of the Emergency RehabilitationProgram. SUMMARY: On January 28, 2003, funding in the amount of $6,795 for emergencyrehabilitation of Mr. Velasquez's home was approved in accordance with established policiesand procedures via purchase order number PDQFPD01195. When the scope of workidentified in the purchase order was completed and a final building inspection was beingconducted, the electrical inspector observed electrical code violations at Mr. Velasquez'shome that needed to be addressed as part of the emergency rehabilitation project in additionto those already included in the project. When the additional work costing $2,530 is addedto the original project cost of $6,795, the new total will be $9,325, causing the total costs toexceed the $8,000 funding limit by $1,325. The property owner's eligibility to receive thisfunding was determined in conjunction with the original request for funding. The requestedfunds are SHIP funds that require no local match. District 2 (TKF)

5. APPROVED R-2003-0703Staff recommends motion to approve: a "Request for Release of Funds (RROF) andCertification" form (HUD 7015.15) to comply with environmental grant conditions for a projectfunded under the HOME Investment Partnership (HOME) Program for FY2001-02 as follows:Evernia Station Limited Partnership - $320,000 toward the construction of twenty (20)affordable housing rental units located at 909 Evernia Street in the City of West Palm Beach,FL. SUMMARY: On November 19, 2002, the Board of County Commissioners approved aHOME Program Rental Assistance Loan Agreement between Palm Beach County andEvernia Station Limited Partnership (R2002-2084). This HOME funded project must complywith 24 CFR Part 58, which establishes regulations concerning the Environmental Reviewprocedures for the HOME Program. Under these regulations, the County is required to: a)determine which projects are in need of an environmental assessment and, where applicable,issue an environmental clearance finding; b) publish the finding to receive public input; andc) request release of funds from U.S. Department of Housing and Urban Development (HUD).Steps a and b have been finalized. Execution of the RROF and its submission to HUD willaccomplish Step c. The RROF form documents and certifies that all steps have been takenwith respect to HUD's environmental procedures. Before expending any HOME funds for thisactivity, the County must receive a notification from HUD of the release of funds. Countywide (TKF)

20

MAY 20, 2003


J. PLANNING, ZONING & BUILDING

1. ADOPTED R-2003-0704Staff recommends motion to adopt: Resolution of the Board of County Commissioners ofPalm Beach County, Florida, changing a portion of the street name Victoria Woods Circle toAzalea Circle, from Sweet William Lane to Apple Blossom Lane, located in Section 11,Township 44, Range 42. SUMMARY: Planning, Zoning & Building requests a street namechange for Victoria Woods Circle, from Sweet William Lane to Apple Blossom Lane. This isto ensure continuity of the street name Azalea Circle. Upon receiving a copy of the approvedresolution, PZ&B Staff will implement the name change by notifying appropriate parties andagencies. District 6 (LB)


A) ADOPTED R-2003-0705adopt Resolutions of the Board of County Commissioners (BCC) of Palm Beach County,Florida, granting a County tax exemption for two (2) historic properties located within the Cityof Delray Beach; and authorizing Restrictive Covenants for each historic property, requiringthe qualifying improvements be maintained during the period that the tax exemption isgranted.

SUMMARY: The resolutions will authorize a County tax exemption for the following historicproperties located within the City of Delray Beach:

R-2003-0705Address: 105 NE 7th StreetOwner: Kathleen Crocker

R-2003-0706Address: 226 South Ocean BoulevardOwner: Patrick Lynch

If granted, the tax exemption shall take effect January 1, 2003, and shall remain in effect forten (10) years, or until December 31, 2012. The exemption shall apply to 100 percent of theassessed value of all improvements to each property which resulted from restoration,renovation or rehabilitation of the property. Accompanying each Resolution is a restrictivecovenant which requires the qualifying improvements be maintained during the period thateach tax exemption is granted. Both properties are privately owned residences. District 4(AH)


A) APPROVED R-2003-0707approve an Agreement with the Palm Beach County Health Department to provide sanitaryabatement services; and

B) APPROVEDestablish a Summary Abatement Account of $20,000.

SUMMARY: This agreement essentially re-establishes a previous agreement with the HealthDepartment allowing for the immediate correction of sanitary nuisances, providing a greaterdegree of protection for the public. The agreement sets forth the responsibilities andobligations of the Board of County Commissioners (BCC) and the Palm Beach County HealthDepartment (Health Department). It provides for limited funding by the BCC withreimbursement to the fund through the monies collected by the Health Department.Countywide (GB)

21

MAY 20, 2003


K. WATER UTILITIES


A) APPROVED R-2003-0708a Contract with Murray Logan Construction, Inc. to construct the Pump Station Rehabilitationand Force Main Extension Project in the amount of $3,378,020;

B) APPROVED R-2003-0709Change Order No. 1 to this contract in the deductive amount of $1,014,475.65, deletingmaterials and equipment for the purpose of sales tax recovery and designating Murray LoganConstruction, Inc. as the County’s agent for the inspection and receipt of the materials andequipment; and

C) APPROVEDPurchase Orders with vendors of the materials and equipment for sales tax recovery as listedin Attachment 3 in the amount of $957,052.50

SUMMARY: On March 27, 2003, three (3) construction bids were received for the PumpStation Rehabilitation and Force Main Extension Project, with Murray Logan Construction, Inc.being the low bidder in the amount of $3,378,020. This contract provides for the rehabilitationof seventeen (17) wastewater pump stations, the installation of 1,250 feet of 6” force main,the installation of an emergency power generator at Pump Station 265, and the installation ofworker fall protection at 623 pump stations. By approving Change Order No. 1 to thiscontract, and purchasing some materials and equipment directly from the vendors, total salestax savings of $57,423.15 can be achieved by the County. Murray Logan Construction, Inc.has agreed to serve as the County’s agent for the inspection and receipt of the materials andequipment at no additional cost. The minority participation goal established by the GoalSetting Committee for this project is 12.0% overall (4.0% B and 8.0% O). This contract withMurray Logan Construction, Inc. provides for minority participation of 13.4 % overall (4.0% B,0% H, and 9.4% W). (WUD Project No. 01-051) Districts 2, 3, 4 & 5 (JM)

2. APPROVED R-2003-0710Staff recommends motion to approve: Change Order No. 3 to the Contract with TheHaskell Company (R2001-0099) for the Water Treatment Plant No. 9 Eastern Hillsboro CanalAquifer Storage and Recovery Well Project, decreasing the contract price by $163,440.27 andextending the contract duration by 210 days. SUMMARY: Change Order No. 3 is the finaladjusting change order for this project. This Change Order changes the well pump columnpipe from welded to flanged, deletes the early completion bonus, deletes the remainingcontract allowances, and compensates the County for extended overhead related to projectdelays. The contract duration has been increased to provide for increased fabrication timefor the well column pipe, and also to adjust for lost time due to unanticipated flooding thatoccurred in the pump vault. Total change orders to-date, including this change order, resultin a reduction of the original contract price from $2,773,680 to $2,484,506.98 (10.4%decrease). The contract and this change order include zero percent M/WBE participation.The Goal Setting Committee established goals of 3.0% B, 5.0% O for this project, but inaccordance with the M/WBE Ordinance (No. 93-28, as amended), the contractor was eligiblefor this award because the next lowest bid was outside of the 10% limit established in theM/WBE Ordinance. (WUD Project No. 98-066B) District 5 (JM)

22

MAY 20, 2003


K. WATER UTILITIES (Cont’d)

3. APPROVED R-2003-0711Staff recommends motion to approve: Work Authorization No. 8 to the Water UtilitiesContinuing Construction Contract with Foster Marine Contractors, Inc., for the construction ofthe Holt Estates Water Main Extension in the amount of $272,113.52. SUMMARY: This WorkAuthorization provides for construction of water mains and service lines on Holt Road, MangoDrive, Kent Street and Zill Street. Funding for the project is from a Community DevelopmentBlock Grant (CDBG) made available through the Department of Housing and CommunityDevelopment (HCD). The contract with Foster Marine Contractors, Inc., provides for 8.00%M/WBE participation overall (3.00% B and 5.00% O). This authorization includes 8.14%overall participation (3.37% B and 4.77% W). The cumulative M/WBE participation, includingthis authorization, is 8.46% overall (3.37% B and 5.09% W). (WUD Project No. 99-106)District 2 (MJ)

L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. ADOPTED R-2003-0712Staff recommends motion to adopt: a Resolution urging Congress to appropriate no lessthan $150 million in FY2004 for protecting and enhancing America’s beaches and to createa long term dedicated funding source for beach maintenance and protection efforts.SUMMARY: The Resolution will be sent to Congress along with resolutions from other localgovernments in support of beach funding. Nineteen (19) members of Congress, includingCongressmen E. Clay Shaw and Mark Foley, signed a letter to the Chairman and RankingMember of the Subcommittee on Energy and Water Development expressing concerns aboutprotecting the natural resources and invaluable infrastructure of America’s beaches andrequested an increase in vitally important funding for beach protection and restoration projectsin the FY2004 Energy and Water Development Appropriations bill. The Resolution supportsthe position of those nineteen (19) Congressmen as outlined in their March 28, 2003 letter.Countywide (ND)

2. ADOPTED R-2003-0713Staff recommends motion to adopt: a Resolution amending the Natural Areas ManagementAdvisory Committee (NAMAC) Resolution (R94-1051), as amended (R95-1455 and R99-1188), to add additional duties and functions of NAMAC relating to the Public Lands GrantProgram (Program). SUMMARY: The Program was set forth in Ordinance 2003-011, whichwas approved by the Board of County Commissioners (BCC) on February 25, 2003 andpublished in Section 9.5 of the Unified Land Development Code. The Program calls for theestablishment of a project selection process in order to provide grant funding to public entitiesas an incentive to remove invasive non-native plant species from their properties. Staff fromthe Department of Environmental Resources Management (ERM) has developed a matchinggrant program that proposes to utilize NAMAC to review the annual Program grantapplications and recommend the selections for funding to the BCC. It is anticipated that mostapplicants will be municipalities. Therefore, ERM staff recommends the addition of two (2)individuals, appointed by the League of Cities, to sit as part of NAMAC at the annual meetingwhen the Program applications are reviewed and recommended for funding. Countywide(ND)

3. APPROVEDStaff recommends motion to approve: Budget Transfer of $25,000 in the $75M GeneralObligation Conservation Land 2001 Bond Fund (308) from Reserves (9900) to the LakeOkeechobee Connector Project Account (E418). SUMMARY: The Budget Transfer willincrease the budget for this proposed 575-acre natural area (greenway) acquisition to coveradditional appraisal costs and County staff time needed for administration and review of theappraisal procurement process and the resultant appraisals. Districts 1 (ND)

23

MAY 20, 2003


L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)


A) APPROVED R-2003-0714Amendment No. 4 to DEP Agreement 99PB1 with the Florida Department of EnvironmentalProtection (DEP) increasing State and County funding each by $1,093,187, for a totalestimated cost of $4,021,374 for the South Lake Worth Inlet Management PlanImplementation (Project); and

B) APPROVEDBudget Amendment of $1,093,187 in the South Lake Worth Inlet Fund (460).

SUMMARY: State funding and the County match each increase from $917,500 to $2,010,687for Project design, permitting and construction in Amendment No. 4. The Agreement (R2000-0082), as amended (R2001-0319, R2002-0915, R2002-2278), requires a 50% cost share bythe County. The total Project cost increases $2,186,374 from $1,835,000 to $4,021,374. ThisProject includes measures to mitigate the impacts of the South Lake Worth Inlet. The grantperiod is January 13, 2000 through February 28, 2008. District 4 (ND)

M. PARKS & RECREATION


A) APPROVED R-2003-0715Agreement with the Young Men’s Christian Association of South Palm Beach County, Inc., inan amount not-to-exceed $25,000 for funding of the DeVos-Blum Family YMCA of BoyntonBeach Y-Youth Super Sports and Summer Sports Camp Programs for the period May 20,2003, through September 30, 2003; and

B) APPROVEDBudget Transfer of $25,000 within the Park Improvement Fund from Reserves for District 3to YMCA/Youth Programs.

SUMMARY: The Devos-Blum Family YMCA of Boynton Beach offers Youth Sports programsincluding soccer, basketball, baseball, flag football, and cheerleading on an on-going basis,and also provides a Summer Sports Camp program during the nine-week summer break.This Agreement and budget transfer provide $25,000 from District 3 Recreation AssistanceProgram reserves to the Young Men’s Christian Association of South Palm Beach County,Inc., for funding of these programs. Expenses eligible for reimbursement include salaries,program supplies, program activities, food and beverage, licensing and permits, dues, campsponsorship scholarships, maintenance, and administration. The Agreement was written toallow for the reimbursement of eligible pre-agreement costs subsequent to January 1, 2003.District 3 (GB)

MAY 20, 2003

24


M. PARKS & RECREATION (Cont’d)


A) APPROVED R-2003-0716Agreement with the City of Pahokee in an amount not-to-exceed $5,000 for funding of SeniorCitizen Program expenses and Youth Football Program uniforms for the period May 20, 2003,through August 19, 2003; and

B) APPROVEDBudget Transfer of $5,000 within the Park Improvement Fund from Reserves for District 6 toPahokee/Senior and Youth Expenses.SUMMARY: The City of Pahokee offers recreational programs and activities for seniorcitizens and youth. This Agreement provides funding in the amount of $2,500 for seniorprograms and $2,500 for the youth football program. Expenses eligible for reimbursementinclude senior program activity bus air conditioning repair, senior field trips and transportation,arts and craft supplies, and youth football uniforms. Expenses were incurred beginning onNovember 1, 2002, and the Agreement allows for the reimbursement of eligible pre-Agreement expenses incurred subsequent to that date. Funding is from RecreationAssistance Program (RAP) reserves. District 6 (GB)


A) APPROVED R-2003-0717Agreement with the Royal Palm Beach Youth Softball Association, Inc. (RPBYSA), in theamount of $12,500, for funding uniforms and equipment for the period May 20, 2003, throughSeptember 30, 2003; and

B) APPROVEDBudget Transfer of $12,500 within the Park Improvement Fund from Reserves for District 6to RPBYSA/Uniforms and Equipment.

SUMMARY: The Royal Palm Beach Youth Softball Association, Inc., serves approximatelytwo hundred (200) participants annually through its four divisions, which include T-Ball, CoachPitch, Juniors, and Seniors, as well as the Blue Thunder Girls Competitive Team. Thisfunding is for uniforms and equipment for program participants, with $10,000 to be used forthe four divisions and $2,500 to be used specifically for the Blue Thunder Competitive Team,for a total of $12,500. Expenses eligible for reimbursement include uniforms, equipment, andmiscellaneous program expenses (insurance fees and umpire stipends). Expenses wereinitiated beginning on October 1, 2002, and the Agreement was written to accommodate thereimbursement of eligible pre-Agreement expenses incurred subsequent to that date. Fundingis from Recreation Assistance Program (RAP) reserves. District 6 (GB)


A) APPROVED R-2003-0718Agreement with the Urban League of Palm Beach County, Inc., in an amount not-to-exceed$10,000 for funding of the Heritage Festival for the period May 20, 2003, through August 19,2003; and

B) APPROVEDBudget Transfer of $10,000 within the Park Improvement Fund from Reserves for District 7to Urban League/Heritage Festival.SUMMARY: The Urban League of Palm Beach County, Inc., sponsored Heritage Week, acommunity-wide event, from February 10-15, 2003. This Agreement helps to defray costs forentertainment expenses on “Heritage Day”, which was held at the Martin Luther King, Jr.Memorial at Currie Park. Expenses for entertainment were initiated by the Urban League onDecember 1, 2002, and the Agreement allows for the reimbursement of entertainmentexpenses subsequent to that date. Funding is from Recreation Assistance Program (RAP)reserves. District 7 (GB)

MAY 20, 2003

25


M. PARKS & RECREATION (Cont’d)


A) APPROVED R-2003-0719Agreement with the Boys and Girls Clubs of Palm Beach County, Inc., in an amount not-to-exceed $1,500 for funding of the Families, Agencies, Cultures, Establishments of Services(FACES) Special Event for the period May 20, 2003, through August 19, 2003; and

B) APPROVEDBudget Transfer of $1,500 within the Park Improvement Fund from Reserves for District 7 toBoys and Girls Clubs/FACES Event.

SUMMARY: The Boys and Girls Clubs of the Palm Beaches, Inc., provided the FACESSpecial Event on May 10, 2003, to promote the Boys and Girls Club of Delray Beach.Activities featured at the Event are face painting, a “fun city” (slides, climbing wall and bouncehouse), arts and crafts, and pony rides. Expenses eligible for reimbursement include artsupplies, equipment rental, food, t-shirts, flyers and banners, toys, and newspaper ads.Expenses for the event were initiated by the Boys and Girls Clubs on March 15, 2003, and theAgreement allows for the reimbursement of entertainment expenses subsequent to that date.Funding is from Recreation Assistance Program (RAP) reserves. District 7 (GB)

MAY 20, 2003

26


U. INFORMATION SYSTEM SERVICES

1. APPROVEDREVISED TITLE: Three (3) Contracts with computer Associates International, Inc and aSettlement Agreement as follows:

A) APPROVED R-2003-0720Purchase and support of the CA Harvest™ product for managing software programming codethrough the stages of development, testing and production; and to re-establish the vendor’stechnical support for application development products already owned by Palm Beach CountyISS;

B) APPROVED R-2003-0721Purchase of consulting services for the installation of the CA Harvest software;

C) APPROVED R-2003-0722Purchase of training on the new product; and

D) APPROVED R-2003-0723A negotiated Settlement Offer of $75,210 in the form of a credit for full satisfaction of returnof an unrelated software product. The three-year cost, net of the settlement credit, is$225,771 $ 225,271, for the period May 6, 2003 to May 5, 2006.

SUMMARY: In-house development of computer applications for use by County agencies hasproven to be a successful alternative to the purchase of commercial vendor packages. Thesoftware tool being purchased facilitates code management and production controlrequirements to manage the production environment. Additionally, support is being re-established for some currently owned software products which provides an applicationdevelopment template based on “best practices.” Consulting services for the new productinstallation and training for ISS staff are also required. The Settlement Offer is for a softwareproduct purchased from a company which was subsequently acquired by ComputerAssociates. The original vendor had committed that the software would operate in theCounty’s IT environment, but their product was not compatible with our environment and wastherefore unusable. The credit will be applied to the new product acquisition. Countywide(PK)

2. APPROVED A. R-2003-0724 AND B. R-2003-0725Staff recommends motion to approve: Confirming Purchase Orders for cellular telephoneservice applicable to the period December 22, 2002 through March 24, 2003 in the amountof $104,977.65. A. AT&T B. Nextel Communications SUMMARY: Cellular telephoneservices and equipment had previously been purchased by Palm Beach County under PriceAgreement No. 725330981, which referenced the State of Florida contract. When therenewed State of Florida cellular contract was available (12/20/2002), it did not include twoof the three vendors used by the County, AT&T Wireless and Verizon Wireless. To resolvethis issue, the County developed a new Price Agreement based on the Western StatesContracting Alliance (WSCA) agreements which included these vendors. Due to this delayin the renewal of a County cellular telephone Price Agreement, ISS requests Board approvalof confirming purchase orders to pay for service coverage received during the periodDecember 21, 2002 through March 24, 2003. Countywide (PK)

27

MAY 20, 2003


AA. PALM TRAN


A) APPROVEDTravel and related expenses, in accordance with County policies, for Palm Tran ServicesBoard Member David Evans to attend the 11th Annual Transportation Training andTechnology Conference (a/k/a State Transportation Disadvantaged Conference) in Orlandoon August 3 - 7, 2003; and

B) AUTHORIZEDauthorization for the County Administrator or his designee to approve the travel forms.

SUMMARY: As a member of the Palm Tran Services Board and the Chairman of theParatransit Subcommittee, David Evans has been a valuable asset to Palm Beach County inhelping to gain political support and continued appropriations from our legislature for ourparatransit program. He is also a member of the Transportation Disadvantaged (TD) LocalCoordinating Board. Mr. Evans has been attending this annual conference for many yearsand staff is requesting that the County reimburse him this year for travel expenses inaccordance with County policies. Travel expenses are estimated to be $701.40 and fundsare available in Palm Tran’s current budget. Countywide (DR)


A) APPROVED R-2003-0726Fourth Amendment to the Contract with Walter Transport Corp. (d/b/a Palm BeachMedical)(R99-1207D, R2001-2242, R2202-0929), a paratransit provider to provide for theCounty to supply to the Contract all necessary hardware and software to operate the TrapezeParatransit Management Software;

B) APPROVED R-2003-0727Third Amendment to the Contract with Ruel C. Services (d/b/a R.C. Services) (R99-1207D,R2001-2242, R2002-0930), a paratransit provider to provide for the County to supply to theContract all necessary hardware and software to operate the Trapeze ParatransitManagement Software;

C) APPROVED R-2003-0728Second Amendment to the Contracts with Two Wheels, Inc. (R99-1208D, R99-1207D, R2001-2242, R2201-2243, R2002-0931),a paratransit provider to provide for the County to supply tothe Contract all necessary hardware and software to operate the Trapeze ParatransitManagement Software; and

D) APPROVED R-2003-0729Second Amendment to the Contracts with Palm Beach Transportation, Inc. (R99-1209D, R99-1207D, R2001-2242, R2001-2243, R2002-0932), a paratransit provider to provide for theCounty to supply to the Contract all necessary hardware and software to operate the TrapezeParatransit Management Software.

SUMMARY: These amendments to the paratransit provider contracts will permit the Countyto furnish the paratransit transportation service providers with the necessary computerequipment to successfully implement the Trapeze Scheduling Software and enable theproviders to interact with the current software to download their respective manifests.Countywide (DR)

28

MAY 20, 2003

3. CONSENT AGENDA APPROVALBB. SHERIFF

1. APPROVEDStaff recommends motion to approve: Budget Transfer of $50,000 from the LawEnforcement Trust Fund (LETF) (108) to the Palm Beach County Sheriff’s Office for adonation to the Homeless Coalition of Palm Beach County, Inc. SUMMARY: Florida Statute932.7055 requires that no less than 15% of the LETF’s previous year’s revenues be used forthe support of any drug treatment, drug abuse education, drug prevention, crime prevention,safe neighborhood, or school resource officer program(s). The PBSO’s fiscal year 2003estimated donation requirement is $103,285. Collectively with this transfer, the PBSO willhave donated $374,730, exceeding the FY2003 requirement of $103,285. The proceeds willbe used to assist the Homeless Coalition with start-up funding required to create anemergency assessment center to shelter and serve homeless individuals. The funds will beused to hire an Executive Director who will be responsible for program implementation,including staff selection and operating procedures, and also for due diligence costs associatedwith the site purchase. Approval of this request will reduce the State Law Enforcement TrustFund Balance to $1,248,993. Countywide (DW)

2. APPROVEDStaff recommends motion to approve: Budget Transfer of $84,500 from the LawEnforcement Trust Fund (LETF) (108) to the Palm Beach County Sheriff’s Office for adonation to the Countywide Community Revitalization Team (CCRT) to assist in installingstreetlights and speed humps within the Kenwood Estates Division at the Lake Worth WestNeighborhood. SUMMARY: Florida Statute 932.7055 requires that no less than 15% of theLETF’s previous year’s revenues be used for the support or operation of any drug treatment,drug abuse education, drug prevention, crime prevention, safe neighborhood, or schoolresource officer program(s). The PBSO’s fiscal year 2003 estimated donation requirementis $103,285. Collectively with this transfer, the PBSO will have donated $459,230, exceedingthe FY2003 requirement of $103,285. The proceeds will be used to support the CountywideCommunity Revitalization Team (CCRT) in its efforts and activities to coordinate thestabilization and revitalization of deteriorated residential neighborhoods in unincorporatedareas of Palm Beach County. The funds will be used by CCRT to install thirty-five (35)streetlights and twenty-three (23) speed humps in the Kenwood Estates Division. Anadditional fifteen (15) streetlights will be installed in the Lake Worth West Neighborhood.Approval of this request will reduce the State Law Enforcement Trust Balance to $1,164,493.Countywide (DW)3. APPROVEDStaff recommends motion to approve: Budget Transfer of $ $211,560 from the LawEnforcement Trust Fund (LETF) (108) to the Palm Beach County Sheriff’s Office for donationsto support the safe neighborhood, crime prevention, and drug abuseprevention/education/treatment programs of various non-profit organizations. SUMMARY:Florida Statute 932.7055 requires that no less than 15% of the LETF’s previous year’srevenues be used for the support or operation of any drug treatment, drug abuse education,drug prevention, crime prevention, safe neighborhood, or school resource officer program(s).The PBSO’s fiscal year 2003 estimated donation requirement is $103,285. Collectively withthis transfer, the PBSO will have donated $670,790, exceeding the FY 2003 requirement of$103,285. The funds are requested to aid qualified organizations that meet the requirementsset forth in F.S. 932.7055. Approval of this request will reduce the State Law EnforcementTrust Fund Balance to $952,933. The Sheriff’s Office certifies that the use of these funds isin accordance with F. S. 932.7055. Countywide

Alzheimer’s Community Care, Inc. $10,000The Children’s Coalition, Inc. $15,000Glades Central High School -

Criminal Justice Academy $12,400Florida Sheriff’s Youth Ranches, Inc.-

Harmony in the Streets $129,160Health and Human Services Planning Assn.-

The Community Alliance of PBC $20,000Mission Sandbox, Inc. $10,000Workforce Alliance -

Probationer’s Educational Growth (PEG) $15,000

TOTAL $211,560

29

MAY 20, 2003


CC. COURT ADMINISTRATION

1. APPROVED R-2003-0730Staff recommends motion to approve: a Contract with the State of Florida, Department ofRevenue in the amount of $212,307.02 for the period of July 1, 2003 through June 30, 2004.SUMMARY: The contract provides reimbursement to the County for expenses associatedwith processing TITLE IV-D child support enforcement cases. Pursuant to Florida Rules ofCivil procedures Adm. 1.491, it is the court’s responsibility to preside over TITLE IV-D cases,in addition to the proceedings establishing, enforcing, and modifying all support agreements.The Domestic Relations Commissioner’s office by Administrative Order No. 5.022-4/93 ischarged with the tasks outlined in Rule 1.491. The operational and personnel costsassociated with the Domestic Relations Commissioner’s program have been borne solelythrough the Board of County Commissioners. In 1989, it was determined the County waseligible for Federal/State funding to offset some of the Court’s costs in processing TITLE IV-Dcases. The required County match is 34%. The required match for FY 2003 is in the currentbudget. The required match for FY 2004 is already included in the proposed budget alreadysubmitted. Countywide (TKF)

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

30

MAY 20, 2003

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

A. ADOPTED R-2003-0731Staff recommends motion to adopt: a Resolution abandoning a portion of a twenty (20) footwide Drainage Easement, as recorded in Official Records Book 5960, Pages 1233-1234,Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located onthe north side of 10th Avenue North, west of Jog Road, within the City of Greenacres. Thepetitioner is requesting the abandonment because this portion of the drainage easement wasnever utilized and is no longer needed. District 2 (PK)

B. Staff recommends motion to:

A) APPROVEDconduct a TEFRA public hearing concerning the issuance of up to $60,000,000 revenuebonds (the “Bonds”) for the benefit of the Joseph L. Morse Geriatric Center, Inc., and MorseHolding Company of Palm Beach County, Inc. (the “Company”); and

B) ADOPTED R-2003-0732adopt a Bond Resolution authorizing the issuance of the Bonds.

SUMMARY: On April 15, 2003 the Board approved the application of the companies for theissuance of the Bonds. Bond proceeds will be used to refund the Palm Beach County HealthFacilities Authority Health Facility Revenue Bonds, Series 1993 (The Joseph L. MorseGeriatric Center, Inc., Project), to refinance existing taxable indebtedness of the company andto finance the construction of a new senior living retirement community to be built on anapproximately 16.5 acre site adjacent to and north of the existing nursing home facilitiesowned by the Companies on Haverhill Road. The Bonds will be payable solely from revenuesderived from the Corporation. Neither the taxing power nor the faith and credit of theCounty, nor any county funds shall be pledged to pay principal or, redemptionpremiums, if any, or interest on the Bonds. District 2 (PFK)

C. Staff recommends motion to:

A) APPROVEDconduct a TEFRA public hearing concerning the issuance of not-to-exceed $27,000,000 ofVariable Rate Demand Revenue Refunding Bonds of the County (the “Bonds”) in order to funda loan to Saint Andrew’s School of Boca Raton, Inc., a Florida non-profit corporation (the“Company”); and

B) ADOPTED R-2003-0733adopt a Resolution authorizing the issuance of the Bonds.

SUMMARY: On May 6, 2003, the Board approved the application of the company for theissuance of Bonds by the County in an amount not-to-exceed $27,000,000. Bond proceedswill be used to currently refund the County’s outstanding Variable Rate Demand RevenueBonds (Saint Andrew’s School of Boca Raton, Inc., Project), Series 1998 and to acquire,construct and equip educational facilities of the Company in Palm Beach County, Florida,including an athletic complex, a swimming pool, a performing arts center, a science buildingand related improvements. The Bonds will be payable solely from revenues derived from theCompany and further secured by a letter of credit from Bank of America, N.A. Neither thetaxing power nor the faith and credit of the County, nor any County funds shall bepledged to pay principal or, redemption premium, if any, or interest on the Bonds.District 4 (PFK)

31

MAY 20, 2003

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

D. ADOPTED 2003-018Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, pertaining to Lobbyist Regulations; providing for title andpurpose; providing for definitions; providing for registration; providing for record of lobbyingcontacts; providing for cone of silence; providing for enforcement; providing for penalties;providing for repeal of laws in conflict; providing for severability; providing for inclusion in thecode of laws and ordinances; and providing for an effective date. SUMMARY: At the Boardof County Commissioner’s Workshop on January 28, 2003, the Board and Staff consideredpotential changes to the existing lobbyist registration rules. Among other things, the Boardreviewed ordinances from Broward, Miami-Dade, and Orange Counties in consideringappropriate measures to take in amending Palm Beach County’s current set of regulations.The proposed ordinance is based on Board direction given at the workshop and at thepreliminary reading on April 15, 2003. Countywide (LB)

E. ADOPTED 2003-019Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, amending Schedule “A” of Chapter 8.5, Article II, Palm BeachCounty Code (known as the “Code Enforcement Citation Ordinance of Palm Beach County,Florida”); to increase certain fine amounts and update certain code references; providing forrepeal of laws in conflict; providing for severability; providing for inclusion in the Code of Lawsand Ordinances; and providing for an effective date. SUMMARY: This amendment updatesthe County’s Code Enforcement Citation Ordinance, bringing Schedule A, which identifies thetypes of violations and the fines associated with them, into conformance with changes madeto the Unified Land Development Code and the Emergency Water Use Ordinance. Theamendment also sets forth larger fines as provided for in F.S. 162, in those instances wherethey are appropriate. Preliminary approval was given on April 15, 2003. Countywide (GB)

F. ADOPTED 2003-020Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, to be known as the Palm Beach County Petroleum StorageSystems Ordinance; providing for a short title, applicability and authority; providing for apurpose; providing for definitions; providing for reference standards; providing for generalrequirements and exemptions; providing for registration and financial responsibility; providingfor notification and reporting; providing for performance standards for category -c storage tanksystems; providing for performance standards for category -a and category -b storage tanksystems; providing for release detection standards; providing for release detection methods;providing for performance standards for release detection methods; providing for repairs,operation and maintenance of storage tank systems; providing for recordkeeping; providingfor out of service and closure requirements; providing for incident and discharge response;providing for equipment approval; providing for mineral acid storage tank requirements;providing for storage tank forms; providing for fees; providing for violations, enforcement,penalties; providing for repeal of laws in conflict; providing for severability; providing forinclusion in the Code of Laws and Ordinances; providing for an effective date. SUMMARY:This Ordinance amends Countywide Ordinance No. 2002-069, which was approved by theBoard of County Commissioners (BCC) on October 22, 2002 and forwarded to the FloridaDepartment of Environmental Protection (DEP) for review. DEP requested three (3) minorchanges: a revised reference to an entire Ordinance section on page 47 and two (2) FloridaAdministrative Code references on pages 44 and 63, which are incorporated in the revisedOrdinance. The Ordinance is a recapitulation of State law into a County ordinance. Inaccordance with PPM No. CW-O-041 (Countywide Ordinances: Applicability and Notificationto Municipalities), Ordinance No. 2002-069 was presented to and approved by the PalmBeach County League of Cities Environmental Subcommittee on April 18, 2002, the League’sBoard of Directors on June 12, 2002, and the General Membership on June 26, 2002. Inaccordance with PPM No. CW-O-041, a copy of the agenda item with the changes will beforwarded to the Director of Public Information for processing. The preliminary reading wasapproved by the BCC on May 6, 2003. Countywide (ND)

32

MAY 20, 2003

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

G. ADOPTED 2003-021Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, to be known as the Palm Beach County PetroleumContamination Cleanup Criteria Ordinance; providing for a short title, applicability andauthority; providing for a purpose; providing for definitions; providing for referenced guidelines;providing for general conditions; providing for contamination reporting; providing for sourceremoval; providing for quality assurance requirements; providing for professional certifications;providing for site assessment; providing for fate and transport model requirements; providingfor risk assessment; providing for no further action; providing for natural attenuation; providingfor active remediation; providing for post active remediation monitoring; providing for timeschedules; providing for notices; providing for forms; providing for fees; providing forviolations, enforcement, penalties; providing for repeal of laws in conflict; providing forseverability; providing for inclusion in the Code of Laws and Ordinances; providing for aneffective date. SUMMARY: This Ordinance amends Countywide Ordinance No. 2002-068,which was approved by the Board of County Commissioners (BCC) on October 22, 2002 andforwarded to the Florida Department of Environmental Protection (DEP) for review. DEPrequested two (2) minor changes include references to the Florida Administrative Code onpages 5 and 7, which are incorporated in the revised Ordinance. The Ordinance is arecapitulation of State law into a County ordinance. In accordance with PPM No. CW-O-041(Countywide Ordinances: Applicability and Notification to Municipalities), Ordinance No. 2002-068 was presented to and approved by the Palm Beach County League of CitiesEnvironmental Subcommittee on April 18, 2002, the League’s Board of Directors on June 12,2002, and General Membership on June 26, 2002. In accordance with PPM No. CW-O-041,a copy of the agenda item with the changes will be forwarded to the Director of PublicInformation for their processing. The preliminary reading was approved by the BCC on May6, 2003. Countywide (ND)

H. ADOPTED 2003-022Staff recommends motion to adopt: an Ordinance of the Board of County Commissionersof Palm Beach County, Florida, granting an exemption from certain ad valorem taxation toencourage economic development in the County for South Florida Janitorial & Pool Supply,Inc., a new business; providing for a finding that requirements have been met; providing forthe amount of revenue available from ad valorem tax sources for the current fiscal year;providing for the amount of revenue lost by virtue of the economic development ad valoremtax exemptions currently in effect; providing for the estimated revenue lost attributable to theexemption granted to South Florida Janitorial & Pool Supply, Inc.; providing for the period oftime for which the exemption will remain in effect and the expiration date of the exemption;providing for annual reporting requirement; providing for applicability; providing for inclusionin the Code of Laws and Ordinances; providing for severability; providing for repeal of lawsin conflict; and providing for an effective date. SUMMARY: The Economic Development AdValorem Tax Exemption Ordinance for South Florida Janitorial & Pool Supply, Inc. will grantan ad valorem tax exemption for 100% of the assessed value of all qualifying tangiblepersonal property acquired and added improvements to real property for ten (10) years,excluding land. The Property Appraiser certified South Florida Janitorial & Pool Supply, Inc.as a new business and estimated that $2,268 in revenue would be lost during the currentfiscal year. The approximate revenue lost over ten (10) years would be $22,680 if themaximum amount of the exemption was attained. However, the actual revenue lost in theyears 2003-2012 may differ because the millage rate and the Property Appraiser’s value ofthe improvement may vary. The applicant requests an exemption for ten (10) years which isthe maximum period permitted under the program. Staff recommends an exemption for ten(10) years. The estimate of assessed taxable value on the tax roll is identified as $488,188for improvements to real property and $15,790 for personal property, but the estimate ofactual tax dollars lost to the County if the exemption is granted is $2,268 for the year 2003.District 7 (DW)

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

33

MAY 20, 2003

5. REGULAR AGENDA

A. ADMINISTRATION

1.Convention Center - Discussion with Sid Jordan President, Clark Construction Group, Inc.Countywide

2. APPROVED R-2003-0734ADD-ON: Staff recommends motion to approve: a Subordination of Mortgage for theEducation & Development Center, Inc. d/b/a My First Steps Pre-School Development RegionsGrant Agreement R2001-1399. SUMMARY: On August 28, 2001, the Board of CountyCommissioners approved a Development Regions Grant totaling $30,500 for the businessproject, Education & Development Center, Inc. d/b/a My First Steps Pre-School located at2440 Westgate Avenue, West Palm Beach, Florida 33409. The business is closing a U.S.Small Business Administration (SBA) Loan with Goleta National Bank. District 2 (DW)(Admin)

B. COUNTY ATTORNEY

1. ADOPTED R-2003-0735Staff recommends motion to adopt: a Resolution amending Resolution No. R2003-0503,to provide for an increase in the amount of the Subordinate Multifamily Housing MortgageRevenue Refunding Bonds authorized to be issued by the Housing Finance Authority for theRenaissance Apartments Project from an amount not-to-exceed $1,000,000 to an amount not-to-exceed $2,100,000, and providing an effective date. SUMMARY: This Resolutionrepresents the Board’s approval for the Housing Finance Authority to issue the SubordinateBonds in an aggregate amount not-to-exceed $2,100,000 pursuant to the requirements ofOrdinance 79-3, as amended, for the Renaissance Apartments (The "Project"). The amountof the Tax Exempt and Taxable Bonds will remain the same. At no time will the maximumamount of Tax Exempt, Taxable and Subordinate Bonds (collectively the “Bonds”) exceed$24,500,000, because if the Subordinate Bonds are issued at the time the mortgage loan isconverted from a construction loan to permanent financing, a like amount of Tax ExemptBonds will be redeemed with the proceeds of such Subordinate Bonds. The Bonds shall bepayable solely from the rents on the properties. Neither the taxing power nor the faith andcredit of the County, nor any County funds shall be pledged to pay principal or,redemption premiums, if any, or interest on the Bonds. District 2 (PFK)

C. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

1. ADOPTED R-2003-0736Staff recommends motion to adopt: a Resolution supplementing Resolution No. R84-1206,as amended and supplemented, authorizing the issuance of Water and Sewer RevenueRefunding Bonds, Series 2003 in an aggregate principal amount of not exceeding$30,000,000 as additional parity obligations under Resolution No. R84-1206, providing amethod for determining the actual principal amounts, interest rates, maturity schedule andredemption provisions for such Series 2003 Bonds, providing a method for awarding the saleof Series 2003 Bonds to the underwriters and making certain findings in connection therewith,appointing an escrow agent, paying agent and registrar for the Series 2003 Bonds, authorizingthe preparation and use of a preliminary official statement and authorizing the execution anddelivery of a final official statement, bond purchase agreement, escrow deposit agreement andpaying agent and registrar agreement, providing for compliance with certain continuingdisclosure requirements, providing certain other details with respect thereto, and providing aneffective date for this resolution. SUMMARY: The Series 2003 Water and Sewer RevenueRefunding Bonds refund a portion of the Water and Sewer Revenue Bonds, Series 1993A andSeries 1993B. The net present value savings are estimated to be approximately $1.7 million,or 6.6%. We anticipate selling the bonds in mid-June and the closing is scheduled for July 9.Countywide (PK)

34

MAY 20, 2003

5. REGULAR AGENDA

D . FACILITIES DEVELOPMENT & OPERATIONS

1. APPROVEDStaff recommends motion to approve: Budget Transfer of $3,741,499 from reserves in the$80.705M Convention Center Bond Fund (Fund 359) to increase various project budget lines.SUMMARY: This Budget Transfer is necessary to increase several budget lines for thisproject: a) furniture, fixtures and equipment budget; b) construction contingency; c) designcontingency; and d) program management contingency. The CVB through its operationsconsultant, Global Spectrum, has requested an additional $1,600,000 to purchase furnitureand equipment for the Center. The construction contingency has been increased to 5% tocover any unanticipated costs through project completion. Project delays will require additionalfunds for the Project Manager and Architect. The funds for these budget increases are frominterest received on fund balances. The updated project budget will be $83,691,836 whichrecognizes $654,703 in sales tax savings. (CID) Countywide (GS)

2. Staff recommends motion to:A) APPROVED R-2003-0737REVISED TITLE & SUMMARY:rescind the Resolution and various documents relating to the Convention Center andadjoining property adopted and approved by the Board on October 16, 2001 (R2001-1830through R2001-1843); and

B) APPROVED R-2003-0738approve a Consent to Amendment to Declaration of Covenants and Restrictions (subjectingreconveyed property and roadway property to Hotel Restrictive Covenant and permittingcondominiums as part of hotel development); and

C) APPROVED R-2003-0739approve an Amendment to Roadway Easement and Agreement regarding CityPlace Plat No.2 (Roadway Realignment); and

D) APPROVED R-2003-0740approve an Easement for Retaining Wall Footings and Maintenance of Retaining Wall andFootings; and

E) APPROVED R-2003-0741approve a Temporary Construction Easement Agreement (Florida Avenue); and

F) APPROVED R-2003-0742approve a Temporary Construction Easement Agreement (Howard Park); and

G) APPROVED R-2003-0743approve an Amendment to Non-Exclusive Utility Easement Agreement (Howard Park UtilityEasement).

SUMMARY: In order to facilitate construction of the Convention Center, the County requiresa 51 square foot expansion an amendment to an existing Utility Easement modifying theconfiguration and location of the Easement Parcel within Howard Park and a TemporaryConstruction Easement within Howard Park from the City of West Palm Beach (City) and aTemporary Construction Easement adjacent to Florida Avenue from the CRA. In order tofacilitate construction of the adjoining hotel and townhomes, the City, CRA and CityPlaceDeveloper (CityPlace) requested that the County grant or amend various easements andamend the restrictions upon the hotel site to permit construction of condominiums upon thehotel site in addition to the hotel. The amendment to the restrictions does not impact theConvention Center. The County expedited approval of such documents at the City’sinsistence, approving them on October 16, 2001. The City did not deliver executeddocuments in proper form to the County until recently. In light of the passage of such asignificant amount of time, this item is being presented to revoke the prior approvals and re-approve the corrected revised documents. With the exception of The Amendment to Non-Exclusive Utility Easement will require approval by the City Commission. (PREM) Countywide(HJF) (FD&O)

35

MAY 20, 2003

5. REGULAR AGENDA

E. PUBLIC INFORMATION

TIME CERTAIN 11:00 A.M.1. APPROVEDStaff recommends a motion to receive and file: the Final Report submitted by FAU/FIUJoint Center for Environmental and Urban Solutions. SUMMARY: At its April 2, 2002 Boardmeeting, the Board approved an agreement with FAU/FIU to conduct a study to determinethe feasibility of establishing sub-jury districts for the four (4) Courthouse locations in PalmBeach County. The direction given to FAU/FIU was to determine the feasibility, usingreapportionment data from Census 2000, of establishing sub-jury districts that would belegally defensible and that would sufficiently be representative of the demographic makeupof Palm Beach County as a whole. The criteria to be applied to the analysis of the dataincluded:

A) Establish sub-jury districts within a 25-40 mile radius of the courthouse;

B) Establish sub-jury districts within a demographic variance of 5-10% from the Countywidedistributions; and

C) Use established boundaries such as roadways or canals.

The conclusion of the report demonstrated that the feasibility of creating legally defensiblesub-jury districts in satellite courthouses in Palm Beach County is not possible given thecurrent demographic and geographic population distribution of the County. Additionally,reliance upon decennial census information would prove inadequate in ensuring yearlyupdating of sub-jury district demographics. Finally, reliance upon census data would notprovide sufficient information on specific cognizable groups as would be required to ensurethe legality of established districts as required by law. The final report, “Feasibility of Sub-Jury Districts” provides conclusions and recommendations in response to Board directionto determine the feasibility of establishing sub-jury districts in Palm Beach County.Countywide (DW)

F. PALM TRAN

1. APPROVEDStaff recommends motion approve: the Allocation of Federal Transit Formula Funds(Section 5307 of the Transportation Equity Act) based on the average population density ofPalm Beach County, Broward County, and Miami-Dade County for their FY2003 in thefollowing amounts: Broward County ($19,975,107), Miami-Dade County ($37,144,888), PalmBeach County ($10,930,870) and the Tri-County Commuter Rail Authority (Tri-Rail)($7,964,088). SUMMARY: The U.S. Census Bureau has merged the three (3) South Floridaurbanized areas into a single urbanized area. As a result, Broward County, Miami-DadeCounty, and Palm Beach County will no longer receive individual allocations of federal transitfunds. The region received a single allocation of $75,775,535 for their FY2003, a decreaseof $4,760,365 from the their FY2002 collective total of $80,535,900 for the 3 counties. Staffis recommending the allocation of the FY2003 federal funds based on a formula using thesame factors that the Federal Transit Administration uses to allocate the funds, including theuse of the average population densities for all three (3) counties. This results in an reductionof $505,971 in Palm Beach County’s allocation from FY 2002's amount of $11,436,841. Thisformula has not been approved by Broward County nor Miami-Dade County. Countywide(DR)

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

36

MAY 20, 2003

5. REGULAR AGENDA

G. PALM TRAN Cont’d

1. APPROVED R-2003-0744ADD-ON: Staff recommends motion to approve: Standard Contract No. A003-21 withthe Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) providing for Federalfunds up to $355,138, retroactive for the period January 1, 2003 through December 31, 2003for Older American’s Act (OAA) funding. SUMMARY: The OAA grant for Palm BeachCounty senior transportation is awarded on a unit cost basis, and the County will bereimbursed for 16,673 non-ambulatory trips @ $21.30 per trip. This grant is retroactive toJanuary 1, 2003. This program is funded with $355,138 in Federal funds, $39,460 in Countyrequired funds, and $7,138 in Program Income funds (donations). In the area south ofHypoluxo Road, Mae Volen Senior Center Inc. currently provides OAA Transportationservices under a similar grant from the AAA. No additional County funds are required.(DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road(TKF) (Comm Serv)

2. Staff recommends motion to approve:A) ADD-ON: APPROVED R-2003-0745Amendment No. 001 to Standard Contract No. IC002-1 (R2002-1043; dated July 09, 2002)for the Community Care for the Elderly (CCE) program decreasing the contract amount by$81,000 for a new total not to exceed $880,805;

B) APPROVED R-2003-0746Amendment No. 001 to Standard Contract No. IH002-1 (R2002-1044; dated July 09, 2002)for the Home Care for the Elderly (HCE) program decreasing the contract amount by $78,000for a new total not to exceed $208,739; and

C) APPROVED R-2003-0747Amendment No. 004 to Standard Contract No. S003-1 (R2002-1159; dated July 23, 2002)for the Home and Community Based Medicaid Waiver Spending Authority (HCBW) programincreasing the contract amount by $386,204 for a new total not to exceed $4,509,968 withthe Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1,2002 through June 30, 2003.

SUMMARY: The $81,000 decrease in Community Care for the Elderly (CCE), the $78,000decrease in Home Care for the Elderly (HCE) funds totaling $159,000 (41.17%), plusDepartment of Elder Affairs (DoEA) Federal matching funds of $227,204 (58.83%) willprovide this $386,204 increase in Home and Community Based Medicaid Waiver SpendingAuthority (HCBW) funds. These three (3) contract amendments are needed in order toaddress the Palm Beach County senior population immediate needs more appropriately byproviding additional homemaker, personal care and respite services to assist the most frailand needy seniors who have been identified as Medicaid Waiver eligible thru the MedicaidWaiver eligibility process. No additional County funds are required. DOSS must ensure thatauthorized services do not exceed this spending agreement. (DOSS) Countywide exceptfor portions of District 3, 4, 5, and 7 south of Hypoluxo Road (TKF) (Comm Serv)

MAY 20, 2003

37

5. REGULAR AGENDA

H PALM TRAN Cont’d


A) ADD-ON: APPROVEDBudget Transfer of $102,855 in the Capital Outlay Fund from Royal Palm Estates (RPE)-Marguerita, Ethelyn, Et Al to San Castle Water Improvements; and

B) APPROVED R-2003-0748a $631,735.60 Contract with Foster Marine Contractors, Inc. for the construction of the SanCastle Watermain Project.

SUMMARY: The San Castle Watermain Project is a joint funding improvement project byboth Housing and Community Development (HCD) and Countywide CommunityRevitalization Team (CCRT). The contractor, who will install the watermain and associateditems, is Foster Marine Contractors, Inc., the annual contractor for the Water UtilitiesDepartment (WUD). Their contract was approved by the Board of County Commissionerson November 19, 2002 (R2002-2086). The County Engineer has determined that thiscontract meets the emergency procurement standards that are identified in State Statuterelating to the interest of the County and the health, safety and welfare of the residents.District 7 (MRE) (Eng)

I.1. ADD-ON: ADOPTED R-2003-0749Staff recommends motion to adopt: a Resolution requesting that the Governor veto CSfor CS for SB 1660, an act relating to community development and planning. SUMMARY:CS for CS for SB 1660 was passed by the Florida Legislature during the 2003 regularsession. The bill prohibits counties from exercising any of their powers to adopt anyordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limitan activity of a bona fide farm operation on land classified as agricultural land pursuant tos.193.461, Florida Statutes, if the activity is regulated through best management practicesor by regulations of the Florida Department of Environmental Protection, Florida Departmentof Agriculture and Consumer Services, water management districts, the United StatesDepartment of Agriculture, the United States Army Corps of Engineers, or the United StatesEnvironmental Protection Agency. The act, if it becomes law, will remove the statutory powerof counties to adopt or expand land use, environmental, public health and safety, or othertypes of regulations affecting agricultural property, if a state or federal regulatory program isin place. This would eliminate the authority of counties to adopt ordinances or policiesapplying to agricultural lands that would be more stringent than state or federal requirements.The bill may also prevent a county from preventing or correcting a change in a farm operationthat results in a more excessive operation with regard to traffic, noise, odor, dust, or fumes,if the farm operation was established after March 15, 1982. Countywide (ND) (ERM)

MAY 20, 2003

38

5. REGULAR AGENDA

J. PALM TRAN Cont’d

1. Staff recommends motion to authorize:

A) ADD-ON: APPROVED R-2003-0750the Department of Airports to terminate the Fixed Base Operator and Lease Agreement forPalm Beach County Glades Airport with DEFCON Development, LLC dated September 11,2001 (R2001-1481); and

B) APPROVEDthe County Attorney=s Office to initiate legal action, if necessary, against DEFCONDevelopment, LLC and/or DEFCON’s surety company to recover unpaid rentals, fees and/ordamages and/or eviction proceedings against DEFCON.

SUMMARY: On September 11, 2001, the Board approved a Fixed Base Operator and LeaseAgreement for the Palm Beach County Glades Airport (the “Airport”) with DEFCONDevelopment, LLC (“DEFCON”) effective on October 1, 2001 and ending on September 30,2006 (the “Agreement”). On March 3, 2003, the Department provided DEFCON with a Noticeof Default for violations of several provisions of the Agreement, including failure to pay rentand other charges when due, to provide evidence of minimum insurance coverages and tocomply the audit requirements of the Agreement. The Department has unsuccessfullyattempted to reach a settlement with DEFCON regarding the outstanding defaults. On May15, 2003, the Department sent a demand letter to DEFCON’s surety company requestingpayment in the amount of $23,216.42 for unpaid rental payments. The Department is in theprocess of preparing a temporary emergency management agreement for operation of theAirport in an amount less than $100,000 and will request authorization from the PurchasingDepartment for the procurement of the services in accordance with Section 2-54(c)(3) of thePalm Beach County Code relating to emergency purchases until such time as a request forproposals can be issued for the operation and management of the Airport. Although it isunclear whether legal proceedings to recover amounts owed to the County or evictionproceedings will be necessary, the Department is requesting the Board authorize the CountyAttorney=s Office to proceed with appropriate litigation in the event eviction proceedingsand/or proceedings for the recovery of unpaid rentals, fees and/or damages becomenecessary. Countywide (LB) (Airports)

2. ADOPTED R-2003-0751ADD-ON: Staff recommends a motion to adopt: Resolution of the Board of CountyCommissioners of Palm Beach County, Florida; Establishing a monthly rental rate for T-hangar units located at the Palm Beach County Glades Airport (Airport); Authorizing theCounty Administrator or his Designee to execute a Standard Form Hangar Lease Agreementon behalf of the Board of County Commissioners; Providing for severability; And providingan effective date. SUMMARY: On September 11, 2001, the Palm Beach County Board ofCommissioners approved a Fixed Base Operator and Lease Agreement with DEFCONDevelopment, LLC (DEFCON) to provide aviation related services at the Airport (R2001-1481), (the “Agreement”). The services provided by DEFCON included the fueling of aircraftand leasing of T-hangars. The Department has requested authorization by the Board toterminate the Agreement. The Department of Airports proposes that the T-hangar tenantslease directly with the County following termination of the Agreement, and therefore, isrequesting approval of a new Standard Form Hangar Lease Agreement to be used for the 10T-hangars at the Airport. The Department is further desirous to establish a monthly rental rateof $250 for each T-hangar unit. This rental rate is the same as is currently being charged theT-hangar tenants by DEFCON, and approximates market value for similar T-hangars. (LMD)Countywide (Airports)

MAY 20, 2003

39

5. REGULAR AGENDA

J. PALM TRAN Cont’d

3.ADD-ON: APPROVED R-2003-0752Staff recommends motion to approve: Golf Tournament Agreement with TrumpInternational Golf Club, L.C. and The Youth Recreation Association for sponsorship of a one-day charitable golf tournament to be held May 29, 2003. SUMMARY: Pursuant to theDevelopment Site Lease Agreement with the Trump International Golf Club, L.C. (Trump),approved September 3, 1996 (R96-1277D), allows use of the golf course during the monthsof May through October for the County to host either a single two-day or two (2) one-daycharitable golf tournament(s). Trump is permitting the County to use the golf course toaccommodate a one-day charity golf event. The Golf Tournament Agreement provides forthe Trump International Golf Club to be available exclusively for the tournament to be heldon May 29, 2003. Proceeds from the golf tournament will benefit The Youth RecreationAssociation, Gold Coast Fire Fighters and Minority Law Enforcement Council. A maximumof 120 players will participate in the tournament. Countywide (LMB) (Airports)

40

MAY 20, 2003

6. BOARD APPOINTMENTS

A. ADMINISTRATION (Tri-County Commuter Rail Authority)

1. APPROVEDREVISED TITLE: the reappointment of Marie Horenburger to the Tri-County Commuter RailAuthority for the term of four (4) years beginning on June 22, 2003 through June 22, 2007and appointing her to the Regional Transit Authority if and when constituted as successor toTri-Rail. SUMMARY: On April 17, 2003, Administration sent a memorandum to the Boardof County Commissioners that Seat No. 4 on the Tri-County Commuter Rail Authority wouldexpire on June 22, 2003. The requirement of the seat is to be a resident of Palm BeachCounty, and represent business and civic community interests. The current member, MarieHorenburger has indicated a willingness to continue to serve on the Authority and meets theseat requirement. No other nominations were received. Countywide (Admin)

B. ENVIRONMENTAL RESOURCES MANAGEMENT(Conservation Land Acquisition Selection Committee)

1. APPROVEDStaff recommends motion to approve: Appointment of one (1) at-large member to fillvacant seat No. 10 for a term ending April 6, 2005 and reappointment of four (4) at-largemembers for a term of three (3) years to the Conservation Land Acquisition SelectionCommittee (CLASC).

Appoint Nominee Seat No. Requirement Nominated By:

Nathaniel Roberts 10 Agricultural Interest Commissioner Koons

Reappoint Nominee Seat No. Requirement Nominated By:

Dr. FrederickCichocki 4 Environmental Interest Commissioner Koons

Joanne Davis 5 Environmental Interest Commissioner Koons

Rosa Durando 6 Environmental Interest Commissioner Koons

Mark Hendrickson 7 Government Commissioner Koons

SUMMARY: Resolution No. R99-1073 provides for a twelve (12) member CLASC. Amemorandum was sent to the Board of County Commissioners on March 14, 2003 advisingthat the term of Seat No. 7 was expiring May 1, 2003, the terms of Seats No. 4, 5 and 6 wereexpiring May 14, 2003, and Seat No. 10 was vacated by a resigning member. CommissionerKoons nominated the four (4) current members for another three (3) year term: Dr. FrederickCichocki, Seat No. 4 (environmental interest), Joanne Davis, Seat No. 5 (environmentalinterest), Rosa Durando, Seat No. 6 (environmental interest), Mark Hendrickson, Seat No.7 (government). These CLASC members wish to continue their service to the County.Commissioner Koons has also nominated Nathaniel Roberts for Seat No. 10, which wasvacated on February 28, 2003 by a resigning member, William Bowman. Mr. Bowman wasappointed on April 7, 2002 to a term ending April 6, 2005. Countywide (HJ)

41

MAY 20, 2003


C. COMMUNITY SERVICES(Head Start/Early Head Start Policy Council)

1. APPROVEDStaff recommends motion to approve: Appointment of the following CommunityRepresentative to the Head Start/Early Head Start Policy Council for a three year termeffective May 21, 2003:

Seat No. Name Nominated By:

6 Bob Richardson Commissioner Masilotti

SUMMARY: The Head Start Performance Standards require that community representationbe included in the makeup of the Head Start Policy Council. Of the nine seats that exist forCommunity Representatives, there are currently seven vacancies. While the BCC approvesthe appointments, Federal Head Start regulations state the Policy Council must ratify theappointment, therefore the term will be effective upon the Policy Council’s ratification.Ratification is scheduled for their May 21, 2003 meeting. (Head Start) Countywide (TKF)

(Citizens Advisory Committee on Health and Human Services)

2. APPOINTEDStaff recommends motion to appoint: Two (2) At-Large Members to the Palm BeachCounty Citizens Advisory Committee on Health and Human Services (CAC/HHS), effectiveMay 20, 2003:

Nominee Term Expiration Nominated By:

Cynthia Smith 9/30/2003 Citizens Advisory Committee

Raymond T. Adams, Jr. 9/30/2005 Citizens Advisory Committee

SUMMARY: The CAC/HHS consists of eleven members with at least one member being aresident west of 20-Mile Bend and at least one member being a representative of the PalmBeach County League of Cities. Founding members were appointed for 1, 2 and 3 yearterms with subsequent terms for three (3) years. Resolution No. R2001-0913 requires theExecutive Committee of the CAC/HHS to solicit and recommend member nominations fortransmittal to the Board of County Commissioners (BCC). Additionally, the BCC was notifiedand requested to provide additional nominations for committee appointment. Cynthia Smithwould fill a vacant position created when Daniel Alfonso resigned. Raymond Adams, Jr.would fill a vacant position created when Anita Finley resigned. Countywide (TKF)

42

MAY 20, 2003


D. PALM TRAN(Palm Tran Services Board)

1. APPROVEDStaff recommends motion to approve: Reappointment of four (4)At-Large members fromthe following categories to the Palm Tran Service Board:

Nominee Category Nominated By:

David Evans Certified Para-transit User Commissioner MasilottiCommissioner McCartyCommissioner KoonsCommissioner GreeneCommissioner MarcusCommissioner NewellCommissioner Aaronson

Terry Brown Disability Advocate Commissioner KoonsCommissioner NewellCommissioner MarcusCommissioner Greene

Autrie Moore-Williams Representative with Commissioner KoonsMulti-cultural Experience Commissioner Newell

Commissioner GreeneCommissioner Marcus

Frank Stanzione Fixed Route Bus Operator Commissioner MasilottiCommissioner KoonsCommissioner NewellCommissioner GreeneCommissioner Marcus

SUMMARY: The Palm Tran Services Board is composed of eleven (11) members. Four (4)of these positions have expiration dates of May 6, 2003 and these members have indicatedtheir desire to continue to serve. Countywide

43

MAY 20, 2003


E. PUBLIC SAFETYAnimal Care and Control Advisory Board

1. APPOINTED *Staff recommends motion to approve: the appointment of two (2) representatives to fillthe “at-large" positions on the Animal Care & Control Advisory Board for a two-year termwhich expired March 2, 2003.

Nominees (SELECT TWO): Nominated By:

Deputy William Fletcher(new) * Commissioner Masilotti

Commissioner GreeneCommissioner Aaronson

Deputy Cassie Kovacs (new ) Commissioner MasilottiCommissioner Greene Commissioner Aaronson

Susan Joss (incumbent) * Commissioner Marcus

Commissioner KoonsCommissioner NewellCommissioner McCarty

Linda Kender (incumbent) Commissioner MarcusCommissioner Newell

Judith Kouba (new) Commissioner Koons

SUMMARY: Deputy William Fletcher represents Palm Beach County Sheriff’s Office onmatters involving Dangerous or Vicious Dogs and Deputy Cassie Kovacs is the AnimalCruelty Officer for the Sheriff’s Office. Both Deputy Fletcher and Kovacs would bringprofessional animal experience to the Advisory Board on matters involving animal cruelty anddangerous or vicious dogs. Ms. Joss, an oncology nurse at Bethesda Hospital and Ms.Kender, of Safe Harbor Animal Rescue, currently fill the two "at-large" positions and theirterms have expired. Ms. Kouba is a media relations representative for Delray Medical Centerand considers herself an animal advocate. Countywide (DW)

44

MAY 20, 2003


F. PLANNING, ZONING & BUILDING(Historic Resources Review Board (HRRB))

1. APPROVEDStaff recommends motion to approve: reappointment of three (3) members to three (3)seats on the Historic Resources Review Board (HRRB).

Nominee Seat No. Nominated By:

Katharine H. Dickenson 7 Commissioners Greene, Koons,Marcus & Newell

Cartheda C. Mann 8 Commissioners Greene, Koons &Marcus

Jud Laird 9 Commissioners Greene, Koons,Marcus, McCarty & Newell

SUMMARY: The Unified Land Development Code (ULDC) Section 4.30, provides for themembership of the HRRB. Three positions (Seats 7, 8 and 9) need to be filled at this timedue to term expirations which will occur on May 31, 2003. All three are at-large positions tobe appointed by the Board of County Commissioners (BCC). All three can be reappointedat BCC direction. Ms. Dickenson, Ms. Mann and Mr. Laird have all expressed an interestin reappointment to the HRRB. No other nominations were received from the BCC.Countywide (AH)

(Building Code Advisory Board (BCAB))

2. APPROVEDStaff recommends motion to approve: The reappointment of the following namedindividuals to the Building Code Advisory Board (BCAB) for a term of three (3) years:

Name Appointment Requirement Seat No.

Richard Kleisley At Large Const. Ind. Mgmt. Co. 10

Michael Bradford At Large Const. Ind. Mgmt. Co. 13

Maurice Jacobson At Large Const. Ind. Mgmt. Co. 15

SUMMARY: The nominations are from the organization cited in the Special Act establishingthe Building Code Advisory Board. Countywide

45

MAY 20, 2003


G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET(Investment Policy Committee)

1. APPROVED *Staff recommends motion to approve: Appointment of one (1) new member to theInvestment Policy Committee.

Nominee Nominated By:

Stephen H. Freilich * Commissioner McCarty

OR

Ivy Fradin Commissioner Koons

SUMMARY: Pamela Stern has resigned her seat on the Investment Policy Committee (IPC)due to health reasons. The balance of Ms. Stern’s term, which expires on 12/01/03, needsto be filled. This Committee is comprised of seven (7) members, including a current memberof the Board of Commissioners, four (4) representatives from the private sector approved bythe BCC, a designee of the Palm beach County Sheriff’s Office and an employee of OFMBselected by the County Administrator. Countywide

H.1.ADD-ON: APPROVEDStaff recommends motion to approve: the appointment of one (1) member to the TrafficPerformance Standards Committee for two (2) separate times:

Nominee Requirement Nominated by:

David Stewart PBC League of Cities Municipal League

SUMMARY: Nominations were requested for filing the League of Cities seat on thiscommittee for two (2) separate approximate three week periods (5/18/03 thru 6/7/03 and7/17/03 thru 8/10/03), due to the temporary absence of permanent committee member MayorWilliam Howell of Atlantis. The Committee has met almost weekly for the post severalmonths and is expected to continue to meet at this frequency for the next few months. MayorHowell will continue to serve except for these periods. Countywide (LB) (Eng)

I.1. COMMISSION DISTRICT APPOINTMENTS

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

46

MAY 20, 2003

7. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

PRESENTEDADD-ON: Presentation by Bruce Pelly, Director, Airports Department on handling of publicinformation/ impacts resulting from airport incidents.Countywide

B. COUNTY ATTORNEY

47

MAY 20, 2003

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-CHAIRMANADD-ON: Proclamation declaring support for the Buckle Up Florida “Click it or Ticket SafetyBelt Enforcement Wave” in Palm Beach County. (Commissioner Masilotti)

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."

May 20, 2003 8:00 a.m. BOARD OF COUNTY COMMISSIONERSBOARD MEETING

PALM BEACH COUNTY, FLORIDA

ADDITIONS, DELETIONS, & SUBSTITUTIONS

MAY 20, 2003

PAGE ITEM

25 3U-1 REVISED TITLE: Three (3) Contracts with Computer Associates and aSettlement Agreement as follows:

A) Purchase and support of the CA Harvest™ product for managing softwareprogramming code through the stages of development, testing and production;and to re-establish the vendor’s technical support for application developmentproducts already owned by Palm Beach County ISS;

B) Purchase of consulting services for the installation of the CA Harvestsoftware;

C) Purchase of training on the new product; and

D) A negotiated Settlement Offer of $75,210 in the form of a credit for fullsatisfaction of return of an unrelated software product. The three-year cost, netof the settlement credit, is $225,771 $225,271, for the period May 6, 2003 toMay 5, 2006. (ISS)

32 5A-2 ADD-ON: Staff recommends motion to approve: a Subordination ofMortgage for the Education & Development Center, Inc. d/b/a My First StepsPre-School Development Regions Grant Agreement R2001-1399. SUMMARY:On August 28, 2001, the Board of County Commissioners approved aDevelopment Regions Grant totaling $30,500 for the business project, Education& Development Center, Inc. d/b/a My First Steps Pre-School located at 2440Westgate Avenue, West Palm Beach, Florida 33409. The business is closinga U.S. Small Business Administration (SBA) Loan with Goleta National Bank. District 2 (DW) (Admin)

33 5D-2 REVISED TITLE & SUMMARY:

A) rescind the Resolution and various documents relating to the ConventionCenter and adjoining property adopted and approved by the Board on October16, 2001 (R2001-1830 through R2001-1843); and

B) approve a Consent to Amendment to Declaration of Covenants andRestrictions (subjecting additional property reconveyed property and roadwayproperty to Hotel Restrictive Covenant and permitting condominiums as part ofhotel development); and

C) approve an Amendment to Roadway Easement and Agreement RegardingCityPlace Plat No. 2 (Roadway Realignment); and

D) approve an Easement for Retaining Wall Footings and Maintenance ofRetaining Wall and Footings; and

E) approve a Temporary Construction Easement Agreement (Florida Avenue);and

F) approve a Temporary Construction Easement Agreement (Howard Park);and

G) approve an Amendment to Non-Exclusive Utility Easement Agreement(Howard Park Utility Easement).

SUMMARY: In order to facilitate construction of the Convention Center, theCounty requires a 51 square foot expansion an amendment to an existing utilityeasement modifying the configuration and location of the Easement Parcelwithin Howard Park and a temporary construction easement within Howard Parkfrom the City of West Palm Beach (“City”) and a temporary constructioneasement adjacent to Florida Avenue from the CRA. In order to facilitateconstruction of the adjoining hotel and townhomes, the City, CRA and CityPlaceDeveloper (“CityPlace”) requested that the County grant or amend variouseasements and amend the restrictions upon the hotel site to permit constructionof condominiums upon the hotel site in addition to the hotel. The amendmentto the restrictions does not impact the Convention Center. The Countyexpedited approval of such documents at the City’s insistence, approving themon October 16, 2001. The City did not deliver executed documents in properform to the County until recently. In light of the passage of such a significantamount of time, this item is being presented to revoke the prior approvals andre-approve the corrected revised documents. with the exception of TheAmendment to Non-Exclusive Utility Easement will require approval by the CityCommission. (PREM) Countywide (HJF) (FD&O)

34 5G-1 ADD-ON: Staff recommends motion to approve: Standard Contract No.A003-21 with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.(AAA) providing for Federal funds up to $355,138, retroactive for the periodJanuary 1, 2003 through December 31, 2003 for Older American’s Act (OAA)funding. SUMMARY: The OAA grant for Palm Beach County seniortransportation is awarded on a unit cost basis, and the County will bereimbursed for 16,673 non-ambulatory trips @ $21.30 per trip. This grant isretroactive to January 1, 2003. This program is funded with $355,138 in Federalfunds, $39,460 in County required funds, and $7,138 in Program Income funds(donations). In the area south of Hypoluxo Road, Mae Volen Senior Center Inc.currently provides OAA Transportation services under a similar grant from theAAA. No additional County funds are required. (DOSS) Countywide except forportions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF) (Comm Serv)

34 5G-2 ADD-ON: Staff recommends motion to approve:

A) Amendment No. 001 to Standard Contract No. IC002-1 (R2002-1043; datedJuly 09, 2002) for the Community Care for the Elderly (CCE) programdecreasing the contract amount by $81,000 for a new total not to exceed$880,805;

B) Amendment No. 001 to Standard Contract No. IH002-1 (R2002-1044; datedJuly 09, 2002) for the Home Care for the Elderly (HCE) program decreasing thecontract amount by $78,000 for a new total not to exceed $208,739; and

C) Amendment No. 004 to Standard Contract No. S003-1 (R2002-1159; datedJuly 23, 2002) for the Home and Community Based Medicaid Waiver SpendingAuthority (HCBW) program increasing the contract amount by $386,204 for anew total not to exceed $4,509,968 with the Area Agency on Aging of PalmBeach/Treasure Coast, Inc. (AAA) for the period July 1, 2002 through June 30,2003.

SUMMARY: The $81,000 decrease in Community Care for the Elderly (CCE),the $78,000 decrease in Home Care for the Elderly (HCE) funds totaling$159,000 (41.17%), plus Department of Elder Affairs (DoEA) Federal matchingfunds of $227,204 (58.83%) will provide this $386,204 increase in Home andCommunity Based Medicaid Waiver Spending Authority (HCBW) funds. Thesethree (3) contract amendments are needed in order to address the Palm BeachCounty senior population immediate needs more appropriately by providingadditional homemaker, personal care and respite services to assist the most frailand needy seniors who have been identified as Medicaid Waiver eligible thru theMedicaid Waiver eligibility process. No additional County funds are required.DOSS must ensure that authorized services do not exceed this spendingagreement. (DOSS) Countywide except for portions of District 3, 4, 5, and 7south of Hypoluxo Road (TKF) (Comm Serv)

34 5H-1 ADD-ON: Staff recommends motion to approve:

A) Budget Transfer of $102,855 in the Capital Outlay Fund from Royal PalmEstates (RPE)-Marguerita, Ethelyn, Et Al to San Castle Water Improvements;and

B) a $631,735.60 Contract with Foster Marine Contractors, Inc. for theconstruction of the San Castle Watermain Project.

SUMMARY: The San Castle Watermain Project is a joint funding improvementproject by both Housing and Community Development (HCD) and CountywideCommunity Revitalization Team (CCRT). The contractor, who will install thewatermain and associated items, is Foster Marine Contractors, Inc., the annualcontractor for the Water Utilities Department (WUD). Their contract wasapproved by the Board of County Commissioners on November 19, 2002(R2002-2086). The County Engineer has determined that this contract meetsthe emergency procurement standards that are identified in State Statuterelating to the interest of the County and the health, safety and welfare of theresidents. District 7 (MRE) (Eng)

34 5I-1 ADD-ON: Staff recommends motion to adopt: a Resolution requesting thatthe Governor veto CS for CS for SB 1660, an act relating to communitydevelopment and planning. SUMMARY: CS for CS for SB 1660 was passedby the Florida Legislature during the 2003 regular session. The bill prohibitscounties from exercising any of their powers to adopt any ordinance, resolution,regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit anactivity of a bona fide farm operation on land classified as agricultural landpursuant to s.193.461, Florida Statutes, if the activity is regulated through bestmanagement practices or by regulations of the Florida Department ofEnvironmental Protection, Florida Department of Agriculture and ConsumerServices, water management districts, the United States Department ofAgriculture, the United States Army Corps of Engineers, or the United StatesEnvironmental Protection Agency. The act, if it becomes law, will remove thestatutory power of counties to adopt or expand land use, environmental, publichealth and safety, or other types of regulations affecting agricultural property, ifa state or federal regulatory program is in place. This would eliminate theauthority of counties to adopt ordinances or policies applying to agriculturallands that would be more stringent than state or federal requirements. The billmay also prevent a county from preventing or correcting a change in a farmoperation that results in a more excessive operation with regard to traffic, noise,odor, dust, or fumes, if the farm operation was established after March 15, 1982.Countywide (ND) (ERM)

34 5J-1 ADD-ON: Staff recommends motion to authorize:

A) the Department of Airports to terminate the Fixed Base Operator and LeaseAgreement for Palm Beach County Glades Airport with DEFCON Development,LLC dated September 11, 2001 (R2001-1481); and

B) the County Attorney=s Office to initiate legal action, if necessary, againstDEFCON Development, LLC and/or DEFCON’s surety company to recoverunpaid rentals, fees and/or damages and/or eviction proceedings againstDEFCON.

SUMMARY: On September 11, 2001, the Board approved a Fixed BaseOperator and Lease Agreement for the Palm Beach County Glades Airport (the“Airport”) with DEFCON Development, LLC (“DEFCON”) effective on October1, 2001 and ending on September 30, 2006 (the “Agreement”). On March 3,2003, the Department provided DEFCON with a Notice of Default for violationsof several provisions of the Agreement, including failure to pay rent and othercharges when due, to provide evidence of minimum insurance coverages andto comply the audit requirements of the Agreement. The Department hasunsuccessfully attempted to reach a settlement with DEFCON regarding theoutstanding defaults. On May 15, 2003, the Department sent a demand letterto DEFCON’s surety company requesting payment in the amount of $23,216.42for unpaid rental payments. The Department is in the process of preparing atemporary emergency management agreement for operation of the Airport in anamount less than $100,000 and will request authorization from the PurchasingDepartment for the procurement of the services in accordance with Section 2-54(c)(3) of the Palm Beach County Code relating to emergency purchases untilsuch time as a request for proposals can be issued for the operation andmanagement of the Airport. Although it is unclear whether legal proceedingsto recover amounts owed to the County or eviction proceedings will benecessary, the Department is requesting the Board authorize the CountyAttorney=s Office to proceed with appropriate litigation in the event evictionproceedings and/or proceedings for the recovery of unpaid rentals, fees and/ordamages become necessary. Countywide (LB) (Airports)

34 5J-2 ADD-ON: Staff recommends a motion to adopt: Resolution of the Board ofCounty Commissioners of Palm Beach County, Florida; Establishing a monthlyrental rate for T-hangar units located at the Palm Beach County Glades Airport(Airport); Authorizing the County Administrator or his Designee to execute aStandard Form Hangar Lease Agreement on behalf of the Board of CountyCommissioners; Providing for severability; And providing an effective date.SUMMARY: On September 11, 2001, the Palm Beach County Board ofCommissioners approved a Fixed Base Operator and Lease Agreement withDEFCON Development, LLC (DEFCON) to provide aviation related services atthe Airport (R2001-1481), (the “Agreement”). The services provided by DEFCONincluded the fueling of aircraft and leasing of T-hangars. The Department hasrequested authorization by the Board to terminate the Agreement. TheDepartment of Airports proposes that the T-hangar tenants lease directly withthe County following termination of the Agreement, and therefore, is requestingapproval of a new Standard Form Hangar Lease Agreement to be used for the10 T-hangars at the Airport. The Department is further desirous to establish amonthly rental rate of $250 for each T-hangar unit. This rental rate is the sameas is currently being charged the T-hangar tenants by DEFCON, andapproximates market value for similar T-hangars. (LMD) Countywide (Airports)

34 5J-3 ADD-ON: Staff recommends motion to approve: Golf TournamentAgreement with Trump International Golf Club, L.C. and The Youth RecreationAssociation for sponsorship of a one-day charitable golf tournament to be heldMay 29, 2003. SUMMARY: Pursuant to the Development Site LeaseAgreement with the Trump International Golf Club, L.C. (Trump), approvedSeptember 3, 1996 (R96-1277D), allows use of the golf course during themonths of May through October for the County to host either a single two-dayor two (2) one-day charitable golf tournament(s). Trump is permitting the Countyto use the golf course to accommodate a one-day charity golf event. The GolfTournament Agreement provides for the Trump International Golf Club to beavailable exclusively for the tournament to be held on May 29, 2003. Proceedsfrom the golf tournament will benefit The Youth Recreation Association, GoldCoast Fire Fighters and Minority Law Enforcement Council. A maximum of 120players will participate in the tournament. Countywide (LMB) (Airports)

35 6A-1 ** REVISED TITLE: the reappointment of Marie Horenburger to the Tri-CountyCommuter Rail Authority for the term of four (4) years beginning on June 22,2003 through June 22, 2007 and appointing her to the Regional Transit Authorityif and when constituted as successor to Tri-Rail. (Admin)

40 6H-1 MOVE TO 6I-1: COMMISSION DISTRICT APPOINTMENTS

40 6H-1 ADD-ON: Staff recommends motion to approve: the appointment of one (1)member to the Traffic Performance Standards Committee for two (2) separatetimes:

Nominee Requirement Nominated by:

David Stewart PBC League of Cities Municipal League

SUMMARY: Nominations were requested for filing the League of Cities seat onthis committee for two (2) separate approximate three week periods (5/18/03thru 6/7/03 and 7/17/03 thru 8/10/03), due to the temporary absence ofpermanent committee member Mayor William Howell of Atlantis. TheCommittee has met almost weekly for the post several months and is expectedto continue to meet at this frequency for the next few months. Mayor Howell willcontinue to serve except for these periods. Countywide (LB) (Eng)

41 7A ADD-ON: Presentation by Bruce Pelly, Director, Airports Department onhandling of public information/impacts resulting from airport incidents.Countywide

42 8F ADD-ON: Proclamation declaring support for the Buckle Up Florida "Click It orTicket Safety Belt Enforcement Wave” in Palm Beach County. (CommissionerMasilotti)

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(*).

Documents

ORDER OF BUSINESS BOARD OF COUNTY COMMISSIONERS … WEB.pdf · 3D-2 Quit-Claim Deed to P&Z Construction, Inc. 3D-3 the Appointment of Successor Remarketing Agent for the Florida Convalescent