ORDER OF BUSINESS BOARD OF COUNTY COMMISSIONERS … WEB.pdf · 2018-10-23 · 4F Certificate of Appreciation to George Go atley for heroism and bravery for saving a child’s life

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ORDER OF BUSINESSBOARD OF COUNTY COMMISSIONERS

BOARD MEETINGPALM BEACH COUNTY, FLORIDA

FEBRUARY 3, 2004

TUESDAY COMMISSION9:30 A.M. CHAMBERS

DENISE CARMONA1. CALL TO ORDER DEPUTY CLERK

A. Roll CallB. InvocationC. Pledge of Allegiance

2. AGENDA APPROVAL

A. Additions, Deletions, SubstitutionsB. Adoption

3. CONSENT AGENDA (Page 7 - 31)

4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 32)

5. REGULAR AGENDA (Page 33 - 39)TIME CERTAIN 9:30 A.M. (Employee Services Awards)(Page 36)

6. BOARD APPOINTMENTS (Page 40 -42)

7. MATTERS BY PUBLIC - 2:00 P.M. (Page 43)

8. STAFF COMMENTS (Page 44)

9. COMMISSIONER COMMENTS (Page 45)

10. ADJOURNMENT (Page 45)

* * * * * * * * * * *

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FEBRUARY 3, 2004

TABLE OF CONTENTS

CONSENT AGENDA

A. ADMINISTRATIONPage 7

3A-1 Eight agreements for the Department of AirportsPage 8

3A-2 Seven agreements for the Water Utilities Department3A-3 Two Amendments to Agreements for the Department of Housing and Community

DevelopmentPage 9

3A-4 An Annexation Ordinance for the Village of Wellington3A-5 A $78,140 contract with Langton Associates, Inc. For grant program development services

B. CLERKPage 9

3B-1 Warrant List3B-2 Minutes - None3B-3 Contracts and claims settlements list3B-4 Change orders, work task orders, minor contracts and final payments

C. ENGINEERINGPage 10

3C-1 Resolution declaring acquisition of properties for right-of-way3C-2 FAA with the City of Lake Worth3C-3 Budget Transfer of $5,2003C-4 FAA with the City of Delray Beach

Page 113C-5 Agreements for professional Landscape Architectural Services3C-6 Deleted3C-7 Deleted3C-8 Deleted3C-9 Resolution declaring the acquisition of properties for right-of-way3C-10 CO No. 4 with Weekley Asphalt Paving, Inc. For construction of Linton Blvd3C-11 Resolution abandoning a Utility Easement

Page 123C-12 Resolution declaring a parcel of land required for the construction of improvements for Old

Dixie Highway3C-13 Agreement with Keshavarz & Associates, Inc., for professional services on a task order basis3C-14 Deleted3C-15 Project Agreement with Miller-Legg & Associates, Inc., to provide professional design services3C-16 Funding Agreement with the Loxahatchee Groves Water Control District

Page 133C-17 Budget Transfer of $20,0003C-18 Deleted3C-19 Contract with Florida Guardrail, Inc., for the Annual Guardrail Contract3C-20 Agreement with D. R. Horton, Inc. and Terracina Homeowners Association, Inc., to accept

maintenance on a County-owned retention pond3C-21 Agreement with Keshavarz & Associates, Inc., and K-F Group, Inc., for professional civil

engineering services on a task order basisPage 14

3C-22 MOA with FDOT3C-23 CO No. 15 to Contract with Hubbard Construction Company for the Northlake Reliever

D. COUNTY ATTORNEYPage 15

3D-1 Amendment to Agreement with Gary Israel, Esq, et al for a team of attorneys which providerepresentation to indigent defendants

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TABLE OF CONTENTS

CONSENT AGENDA CONTINUED

E. COMMUNITY SERVICESPage 15

3E-1 Amendment No. 1 to Agreement with Kid Zone Child Development Center, Inc.3E-2 Amendment No. 1 to Agreement with Mt. Zion Apostolic Child Development Centers, Inc.

Page 163E-3 Two Amendments to Ryan White (CARE) Act contracts3E-4 Use of Facility Agreement with the City of Greenacres Department of Leisure Services3E-5 Contract for provision of Professional Services with Oakwood Center of the Palm Beaches,

Inc.

F. AIRPORTS - None

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGETPage 16

3G-1 Settlement of a Code Enforcement LienPage 17

3G-2 Settlement of a Code Enforcement LienPage 17

3G-3 Budget Transfer of $696,303

H. FACILITIES DEVELOPMENT & OPERATIONSPage 18

3H-1 Agreement with St. Mary’s Medical Center for the 800 MHz Radio System3H-2 CSA No. 1 to Parks and Recreation Continuing Services Contract with Miller, Legg &

Associates, Inc., for engineering and architectural services3H-3 CO No. 7 to Contract with Republic Construction and Development Corp.

Page 193H-4 Contract with the Bacon Group, Inc., for professional architectural and engineering services3H-5 CO No. 6 to Contract with RPM General Contractors, Inc.3H-6 Lease Agreement with D.R. Horton, Inc.3H-7 Amendment No. 1 to continuing Contract with Professional Communications Consultants, Inc.

Page203H-8 CSA NO. 2 to Contract with PGAL for design and construction administration services.3H-9 Contract with MPA Architects, Inc.3H-10 Contract with Craven, Thompson and Associates, Inc.

I. HOUSING & COMMUNITY DEVELOPMENTPage 21

3I-1 Agreement with the Village of Royal Palm Beach for CDBG funds3I-2 Amendment No. 1 to Agreement with The ARC3I-3 Waiver to exceed the $10,000 per home limit for lead-based paint related costs

J. PLANNING, ZONING & BUILDING - None

K. WATER UTILITIESPage 22

3K-1 Partial Release of Utility Easement3K-2 Amending resolution for the Davis Road Area Water Main Extension Improvement Project3K-3 Amending resolution for the Waverly Woods Area Water Main Extension Improvement Project3K-4 CO No. 4 to Contract with Douglas N. Higgins, Inc. For the Winsberg Farm Wetlands

Restoration Project

L. ENVIRONMENTAL RESOURCES MANAGEMENTPage 23

3L-1 Agreement for Purchase and Sale in Unit 113L-2 Budget Transfer of $100,000

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L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)Page 24

3L-3 Interlocal Agreement with the City of Boca Raton3L-4 Task Order to Contract with Botkin Parssi & Associates, Inc., for additional architectural and

engineering services

M. PARKS & RECREATIONPage 25

3M-1 Agreement with the PBC Sports Institute, Inc.3M-2 Agreement with the School Board of PBC and the Horticulture Society of South Florida, Inc.3M-3 Agreement with the School Board of PBC3M-4 Allocation of $12,000 from District 3 Recreation Assistance Program to Peanut Island

Consultant Services3M-5 Agreement with Boys and Girls Clubs of PBC, Inc.

Page 263M-6 Bulk Cable Television Service Agreement with Adelphia Cable Communications3M-7 Agreement with the Village of Royal Palm Beach3M-8 First Amendments to RAP Agreements with the School Board of PBC3M-9 Agreement with the City of South Bay

Page 273M-10 Agreement with the School Board of PBC

N. LIBRARY - None

P. COOPERATIVE EXTENSION SERVICE - None

Q. CRIMINAL JUSTICE COMMISSION - None

R. HUMAN RESOURCES - None

S. FIRE RESCUEPage 27

3S-1 MOA with the Children’s Services Council of PBC3S-2 Write-off of uncollectible ALS transport accounts3S-3 Agreement with Palms West Hospital for clinical experiences in intubation for paramedics

T. HEALTH DEPARTMENT - None

U. INFORMATION SYSTEMS SERVICES Page 28

3U-1 Purchase of Crystal Decisions server-based licenses

V. METROPOLITAN PLANNING ORGANIZATION - None

W. PUBLIC INFORMATION - None

X. PUBLIC SAFETY - None

Y. PURCHASING - None

Z. RISK MANAGEMENT - None

AA. PALM TRAN - None

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TABLE OF CONTENTS


BB. SHERIFF’S OFFICEPage 28

3BB-1 Amendment to COPS Agreement with the Department of Justice3BB-2 Amendment to Agreement for the Crime Laboratory Improvement Program

Page 293BB-3 Amendment to the Agreement with the SWA3BB-4 Amendment to the Agreement for the DNA Backlog Reduction Program

Page 303BB-5 FDOT Highway Safety Grant for Aggressive Driving enforcement3BB-6 Amendment to the Agreement for the Drug Farm Phase II Enhancement

Page 313BB-7 Paul Coverdell National Forensic Sciences Improvement Act Grant

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 324A “Dial 2-1-1 Day”4B “Library Appreciation Month”4C “Everglades Day”4D “Engineers Week”4E Certificates of Appreciation to the Partners of the Drowning Prevention Coalition4F Certificate of Appreciation to George Goatley for heroism and bravery for saving a child’s life4G “Black History Month”4H “National Black HIV/AIDS Awareness and Information Day”4I ADD-ON: February 14, 2004 as “Business Opportunity Day”

REGULAR AGENDA

ADMINISTRATIONPage 33

5A-1 Individual Training Account Agreements approved by the Workforce Alliance, Inc.5A-2 ADD ON: Resolution formalizes the Board’s Commitment to procure ballot printers5A-3 ADD ON: Grant Agreement with the Scripps Research Institute

Page 345A-3 Continued

Page 355A-3 Cotinued

5A-4 ADD ON: Sale and Purchase between the business Development Board, Palm Beach Countyand Lantana Farm Associates;

HUMAN RESOURCESPage 36

5B-1 Presentation of Annual Service Awards TIME CERTAIN 9:30 A.M.

WATER UTILITIESPage 36

5C-1 Bulk Potable Water Service Agreements with the Cities of Belle Glade, Pahokee and SouthBay Continued

Page 375C-1 Continued

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TABLE OF CONTENTS

REGULAR AGENDA CONTINUED

FACILITIES DEVELOPMENT & OPERATIONSPage 37

5D-1 Contract with David Brooks Enterprises, Inc., for the renovation and construction of PhasesIII and IV at the North County Government Center

Page 385D-2 Agreement with The Historical Society of the Palm Beaches 5D-3 Amendment No. 1 to the Contract with The Weitz Company, Inc. For the construction of the

Graphics ShopPage 39

5D-4 Increase in the complement by one (1) position for the Public Art Program

CLERK OF COURTSPage 39

5E-1 Budget Transfer of $52,000

BOARD APPOINTMENTS (Page 40 - 42)

MATTERS BY PUBLIC (Page 43)

STAFF COMMENTS (Page 44)

COMMISSIONER COMMENTS (Page 45)

ADJOURNMENT (Page 45 )

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FEBRUARY 3, 2004

3. CONSENT AGENDA APPROVAL

A. ADMINISTRATION

1. APPROVEDStaff recommends motion to receive and file: Eight (8) originalcontracts/agreements/grants for the Department of Airports:

A) APPROVED R-2004-0162North County Hangar Lease Agreement for Hangar No. 11300-7, signed by George E. Cohenand dated November 1, 2003;

B) APPROVED R-2004-0163North County Hangar Lease Agreement for Hangar No. 11740-18, signed by Sven-OlofHokborg and dated January 7, 2004;

C) APPROVED R-2004-0164North County Hangar Lease Agreement for Hangar No. 11350-9, signed by Sherman AircraftSales, Inc. and dated January 15, 2004;

D) APPROVED R-2004-0165North County Hangar Lease Agreement for Hangar No. 11200-9, signed by Gary Szuminskiand dated January 1, 2004; and

E) APPROVED R-2004-0166North County Hangar Lease Agreement for Hangar No. 11740-3, signed by Jonathan Laniganand dated January 14, 2004;

F) APPROVED R-2004-0167North County Hangar Lease Agreement for Hangar No. 11220-11, signed by David Callawayand dated February 1, 2004;

G) APPROVED R-2004-0168Glades Airport Hangar Lease Agreement for Hangar No. 1, signed by Atlantis Aviation, Inc.and dated February 1, 2004; and

H) APPROVED R-2004-0169Agreement covering the Operation of Aircraft at Palm Beach International Airport, signed byCANJET Airlines, a division of I.M.P. Group Limited and dated October 28, 2003.

.

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A. ADMINISTRATION Cont’d

2. APPROVEDStaff recommends motion to receive and file: Seven (7) Executed Standard DevelopmentAgreements and One (1) Standard Development Agreement Renewals for the Water UtilitiesDepartment.

Standard Development Agreements

A) APPROVED R-2004-0170Equity Investments, LLC 01-01127-000

B) APPROVED R-2004-0171 Procacci Vista, LLC 01-01128-000

C) APPROVED R-2004-0172Patricia M. Nanson, Herbert L. Gildan,et al. 01-01129-000

D) APPROVED R-2004-0173Wyndam Park II, LLC 01-01130-000

E) APPROVED R-2004-0174Gary E. Zill, GL Homes of Boynton Beach Associates et al 05-01060-000

F) APPROVED R-2004-0175SE Conference Association of 7th Day Adventists, Inc. 05-01062-000

G) APPROVED R-2004-0176The Gahm Family Partnership 09-01043-000

Standard Development Renewal Agreements

H) APPROVED R-2004-0177GL Homes of Boynton Beach Assoc. V,

Ltd. 03-00060-R013. APPROVEDStaff recommends motion to approve: Two (2) Amendments to Agreements for theDepartment of Housing and Community Development.

A) APPROVED R-2004-0178Amendment No. 1 to Agreement with Everglades Venture Company, LLC (R2002-1178) toprovide $224,596 of CDBG funds for construction of a building in the Pahokee City Marina.Fifteen jobs are to be created in exchange for the funding; and

B) APPROVED R-2004-0179Amendment No. 1 to Agreement with the Village of Royal Palm Beach (R2003-0535) toprovide $38,087 of CDBG funds for the installation of walkways and ADA accessible restrooms in Willows Park.

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

A) APPROVEDOrdinance No. 98-27 adopted by the Village of Wellington, Florida annexing a parcel of realproperty comprising a total of 237.321 acres, more or less, located on the west side of StateRoad 7 between Southern Boulevard and Forest Hill Boulevard in Palm Beach County,Florida, known as the “Black Diamond” property, which is more particularly described herein;the parcel annexed pursuant to petition for voluntary annexation; declaring that the voluntaryannexation petition bears the signature of the owner of the real property annexed hereby;amending Section 11 of the Village Charter of Wellington; directing the Village Manager todo all things necessary to effectuate this annexation; directing the Village Clerk to file a copyof this Ordinance with the Clerk of the Circuit Court in Palm Beach County, the ChiefAdministrative Officer of Palm Beach County and the Department of State within seven (7)days after adoption in accordance with Section 171.044, Florida Statutes; providing for aconflicts clause and a severability clause; providing an effective date; and for other purposes.Countywide

5. APPROVED R-2004-0180Staff recommends motion to approve: a Contract with Langton Associates, Inc. forservices related to Palm Beach County’s Grant Development program for a one-year period(February 1, 2004 through January 31, 2005) in the amount of $78,140, and waiver ofcompetitive bid requirements under the ordinance for professional services. SUMMARY: TheBoard of County Commissioners contracts with Langton Associates, Inc. for grant programdevelopment services. The current annual contract with Langton Associates in the amountof $74,419 expired on January 31, 2004. Staff recommends that a new contract be enteredinto with Langton Associates for a one-year period for an annual contract amount of $78,140.This contract will contain a provision for annual renewals of up to one more consecutive yearbased on contract performance. Countywide

B. CLERK

1. Staff recommends motion to approve: Warrant List.

2. Staff recommends motion to approve: Minutes - None

3. APPROVED R-2004-0181Staff recommends motion to approve: Contracts and claims settlements list.

4. APPROVED R-2004-0182Staff 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 Department, Facilities Development and Operations;Water Utilities Department; Environmental Resources Department; and the Department ofAirports during the months of October and November 2003.

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C. ENGINEERING & PUBLIC WORKS

1. ADOPTED R-2004-0183Staff recommends motion to adopt: a Resolution declaring the acquisition of propertiesknown as Parcels 100, 101, 102, 103, and 114, in fee simple, for the right-of-way necessaryfor the construction and improvements of Glades Road from west of Powerline Road to St.Andrews Boulevard. SUMMARY: This action will authorize the filing of Eminent DomainProceedings against five (5) parcels, whose appraised values total $18,450. The acquisitionof these parcels is necessary for the construction and improvements of Glades Road fromwest of Powerline Road to St. Andrews Boulevard. District 4 (AIM)

2. Staff recommends motion to approve:

A) APPROVED R-2004-0184a Financial Assistance Agreement with the City of Lake Worth to provide funding in anamount not-to-exceed $150,000; and

B) APPROVEDBudget Transfer of $150,000 in the Transportation Improvement Fund from Reserves forDistrict 3 to Lake Osborne Drive/Boutwell Road Beautification Improvements – District 3.

SUMMARY: This item provides funding in the amount of $150,000 for the installation ofbeautification in and along the County’s Lake Osborne Drive/Boutwell Road from 800 feetsouth of Lake Worth Road to 975 feet north of 2nd Avenue North. Funding comes from theDistrict 3 Gas Tax Reserves. After the installation, the City will be responsible for perpetualmaintenance of the improvements. District 3 (ME)

3. APPROVEDStaff recommends motion to approve: Budget Transfer of $5,200 in the TransportationImprovement Fund from Reserve for District 3 to Woolbright Road/Congress Avenue toMilitary Trail. SUMMARY: This item provides funding in the amount of $5,200 for themodifications to landscaping that was previously installed on the north side of WoolbrightRoad from Congress Avenue to Military Trail. Funding comes from the District 3 Gas TaxReserves. District 3 (ME)


A) DELETEDa Financial Assistance Agreement, in the amount of $300,000, with the City of Delray Beach(City) for Linton Boulevard from Military Trail to Congress Avenue, to install beautification inthe form of irrigated landscaping by the City; and

B) DELETEDBudget Transfer of $100,000 in the Transportation Improvement Fund from UnincorporatedArea “O.T.I.S.” (Landscaping/Irrigation) to Linton Boulevard/Military Trail to Congress Avenue.

SUMMARY: This Agreement provides funding to reimburse the City in the amount of$300,000 for the City’s reestablishment of beautification in the medians within LintonBoulevard, consistent with the County’s policies under the Only Trees, Irrigation, Sod“O.T.I.S.” Program. The City is responsible for the perpetual maintenance of theseimprovements. Districts 4 & 7 (ME)

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C. ENGINEERING & PUBLIC WORKS (Cont’d)

5. Staff recommends motion to approve: Agreements with:

A) APPROVED R-2004-0185Gentile, Holloway, O’Mahoney and Associates, Inc. (GHO); and

B) APPROVED R-2004-0186Wayne Villavasso Landscape Architecture, Inc. (WVLA)

to provide professional Landscape Architectural Services, including Irrigation System Design,on a task order basis, for Countywide projects, as required.

SUMMARY: These Agreements will provide the necessary professional services required forthe design of Landscape Architecture throughout the County for all user departments and forvarious projects. At the option of the County, these Agreements will be renewed annually fora period of one (1) year, with a maximum of two (2) renewals. Countywide (PK)

6. DELETED

7. DELETED

8. DELETED

9. ADOPTED R-2004-0187Staff recommends motion to adopt: a Resolution declaring the acquisition of propertiesknown as Parcels 102 and 103 in fee simple for the required right-of-way for the constructionand improvements for Woolbright Road, Hagen Ranch Road to Jog Road, to be a publicnecessity, authorizing the selection of appraisers and filing of Eminent Domain Proceedings.SUMMARY: This action will initiate Eminent Domain Proceedings against two (2) parcelswhose total estimated value is $300,300. District 5 (PM)

10. APPROVED R-2004-0188Staff recommends motion to approve: Change Order No. 4 for a 70-day time extensionto Contract No. R2002-1517 with Weekley Asphalt Paving, Inc. for construction of LintonBoulevard from Military Trail to Congress Avenue. SUMMARY: Change Order No. 4approves a 70-day time extension for the following: a) Inclement weather – 7 days; b)Construction of median curbing, sidewalk, and curb and gutter across Green Parkway asrequested by the City of Delray Beach – 10 days; c) Thanksgiving and Christmas holidays -3 days; and d) Utility delays in relocations by Florida Public Utilities and City of Delray Beach– 50 days. Districts 4, 5 & 7 (ME)

11. ADOPTED R-2004-0189Staff recommends motion to adopt: a Resolution abandoning a 25 foot wide UtilityEasement lying within a portion of Tract B-1 and a portion of Lots 57 and 58; a ten (10) footwide Utility Easement lying within Lots 57 and 58, together with a portion of the ten (10) footwide Utility Easement lying within Lots 56 and 59; two parcels lying within a portion of ForestDale Drive (a/k/a Tract “A”); the twenty (20) foot wide Utility Easement lying within a portionof Tract B-1 and a portion of Lots 32 and 33; a ten (10) foot wide Utility Easement lying withinLot 33, together with a portion of the ten (10) foot wide Utility Easement within Lots 32 and34; a portion of Oak Meadow Lane (a/k/a Tract “A”) as shown on the plat of South Road, aPlanned Unit Development (PUD), recorded in Plat Book 95, Pages 76-79, Public Recordsof Palm Beach County, Florida. SUMMARY: This petition site is located south of HomelandRoad (South 50th Street), on the west side of State Road 7. The petitioner is requesting theabandonment to clear the record to accommodate a revised Final Subdivision Plan.Replacement easements have been provided in the proposed plat of South Road, a PUD,Plat II. District 6 (PK)

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12. Staff recommends motion to:A) ADOPTED R-2004-0190adopt a Resolution declaring a parcel of land known as the Lake Park Scrub Surplus Parcel(LPSSP), containing 5.825 acres, as land required for the construction of improvements forthe Old Dixie Highway from Park Avenue to Northlake Boulevard project and transferring saidparcel from Environmental Resource Management (ERM) to the Engineering and PublicWorks Department;

B) APPROVEDapprove Budget Transfer of $475,000 in the Transportation Improvement Fund from RoadProgram Reserves – FY 98 (Right-of-Way Acquisition Reserve) to Old Dixie Highway fromPark Avenue to Northlake Boulevard; and

C) APPROVEDapprove the Payment of $475,000 to ERM, which is the appraised value for the subjectparcel, to reimburse the Environmentally Sensitive Land Program Bond Fund.SUMMARY: This action transfers a parcel of surplus land from ERM to the Engineering andPublic Works Department to be utilized as right-of-way and water retention required for theOld Dixie Highway from Park Avenue to Northlake Boulevard project. This action also initiatesa Budget Transfer and approves payment which will reimburse the Environmentally SensitiveLand Program Bond Fund, the appraised value of said parcel. As this property was declaredsurplus at the time of its initial acquisition, this conveyance of an Interest in ConservationLands is exempt from the Conservation Lands Protection Ordinance (Section 5.02) and, assuch, only requires a majority vote of the Board of County Commissioners for approval.Districts 1 & 7 (PK)

13. APPROVED R-2004-0191Staff recommends motion to approve: an Agreement with Keshavarz & Associates, Inc.(KAI) to provide the necessary professional services required for the design of MunicipalService Taxing Unit (MSTU) Districts “A” through “E” on a task order basis, for Countywideprojects, as required. SUMMARY: This Agreement will provide the necessary professionalservices required for the design of Municipal Service Taxing Unit (MSTU) Districts “A” through“E” projects throughout the County for all user departments and for various projects. At theoption of the County, these Agreements will be renewed annually for a period of one (1) year,with a maximum of two (2) renewals. Countywide (PK)

14. DELETED

15. REVISED TITLE: APPROVED R-2004-0192Staff recommends motion to approve: a Project Agreement for $29,063.51 $29,036.51with Miller-Legg & Associates, Inc. (MLA)...(Eng) to provide professional design services forCongress Avenue, from Lantana Road to Melaleuca Lane (Project). SUMMARY: ThisAgreement will provide the necessary professional services required to perform Phase 1coordination and analysis with the consultant performing the Preliminary Design andEnvironmental Study (PD&E) for the Florida Department of Transportation (FDOT) for theProject. District 3 (PK)


A) DELETEDa Funding Agreement with the Loxahatchee Groves Water Control District for construction ofroad improvements; andB) DELETEDBudget Transfer of $100,000 in the Transportation Improvement Fund from Reserve forDistrict 6 to the Loxahatchee Groves Water Control District Road Improvements.SUMMARY: This Agreement provides funding up to $100,000 for the Loxahatchee GrovesWater Control District to construct certain transportation improvements to public roadeasements within the District that are not District roads or the maintenance responsibility ofthe County. District 6 (MRE)

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A) APPROVEDBudget Transfer of $20,000 in the Transportation Improvements Fund from Reserves forDistrict 5 Improvements to the Street Lighting Program; and

B) APPROVED R-2004-0193a Standard Street Lighting Agreement with Florida Power & Light (FPL) for installation of fourisolated street lights: two at the intersection of Oriole Country Road and HammockStreet/Sleepy Brook Lane, and two at the intersection of Oriole Country Road and NeptuneRoad/Fox Glen Drive.

SUMMARY: The District 5 Commissioner would like to fund four isolated streetlights: two atthe intersection of Oriole Country Road and Hammock Street/Sleepy Brook Lane, and two atthe intersection of Oriole Country Road and Neptune Road/Fox Glen Drive. The BudgetTransfer will fund the installation, operation, and maintenance of these four lights for 20 years.FPL requires that their standard Agreement be executed prior to their construction of all streetlighting projects. District 5 (ME)

18. DELETED

19. APPROVED R-2004-0194Staff recommends motion to approve: a Contract not-to-exceed the total value of$405,000 for task orders which may be issued to Florida Guardrail, Inc., the lowestresponsive, responsible bidder for the Annual Guardrail Contract. SUMMARY: The AnnualGuardrail Contract consists of furnishing and installing guardrail, furnishing guardrail products,removing and disposing of “old” guardrail and/or resetting of existing guardrail. SmallBusiness Enterprise (SBE) goals were established at 15% of the overall Contract amount.The low bidder, Florida Guardrail, Inc., achieved 100% (Women) overall. Countywide (MRE)

20. DELETEDStaff recommends motion to approve: an Agreement with D.R. Horton, Inc., and TerracinaHomeowners Association, Inc., to accept maintenance of the County-owned retention pondon Jog Road. SUMMARY: The County owns a retention pond on the west side of Jog Road.The developer is required to provide landscaping and maintenance of the retention pond toprovide for a more aesthetic area. District 6 (PFK)

21 APPROVED (1) R-2004-0195 AND (2) R-2004-0196Staff recommends motion to approve: an Agreement with (1) Keshavarz & Associates,Inc. (KAI) and (2) K-F Group, Inc. (KFG) to provide professional Civil Engineering serviceson a task order basis, for Countywide projects, as required. SUMMARY: These Agreementswill provide all the necessary professional services required for the Civil Engineering projectsthroughout the County for all user departments and for various projects. At the option of theCounty, these Agreements will be renewed annually for a period of one (1) year, with amaximum of two (2) renewals. Countywide (PK)

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FEBRUARY 3, 2004



22. Staff recommends motion to:

A) REVISED MOTION & SUMMARY:approve a Maintenance Memorandum of Agreement (MOA) with the Florida Department ofTransportation (FDOT) providing for the County’s assumption of maintenance responsibilityfor landscaping and irrigation to be funded and installed by FDOT as elements of their StateRoad 845 (Powerline Road) reconstruction project from the Broward County Line to StateRoad 808 (Glades Road); and

B) ADOPTED R-2004-0197adopt a Resolution authorizing the Chair (or Vice Chairman) to execute the MOA with FDOT;and

C)approve MOAs with four (4) homeowners’ associations (Boca Pointe, Boca Del Mar,Pradera, and Estancia South) adjacent to the involved section of Powerline Road to passthrough the ongoing maintenance obligation for the landscaping and irrigation to thoseassociations.

SUMMARY: FDOT had been working with property owners’ associations (POAs) adjacent tothis section of Powerline Road to include the roadway landscaping and irrigation desired bythose POAs in FDOT’s road rehabilitation project. After significant progress had been madeby FDOT in dealing directly with the POAs, FDOT determined that FDOT can only enter intosuch agreements with the local government entity (not private entities) for the commitmentto maintain those improvements. FDOT’s deadlines require the County to authorize itscommitment today, in advance of the County having its own related agreements with thePOAs. Such agreements which provide for the POAs actual maintenance are currently beingprepared, and will be brought back to the Board in the near future. Where the County isunsuccessful in obtaining such an agreement with a POA by June 1, 2004, the MOA wouldno longer apply to those areas, although it is the intent that FDOT will install medianlandscaping and irrigation that conforms with the County’s OTIS (Only Trees, Irrigation andSod) Program specifications on such portions of State Road 845. In the event, FDOTlandscaping and irrigation installed in such areas would be maintained by the County. FDOTwill fund and install landscaping and irrigation as elements of this roadway reconstructionproject, but requires that the local government entity (not homeowners’ associations) committo maintain those improvements. ... Districts 4 & 5 (ME) (Eng)


REVISED TITLE:

A) APPROVED R-2004-0198Change Order No. 15 in the amount of $1,483,911.10 together with 365 days of contract timeto Contract No. R2001-2085 with Hubbard Construction Company for construction ofNorthlake Reliever from Military Trail to Garden Road; and

B) APPROVEDBudget Transfer of $1,483,912 in the Transportation Improvement Fund from Road ProgramSweep Reserves-FY 2002 to Northlake (Reliever) - Military Trail to Garden Road.

SUMMARY: On January 12, 2004, the Courts granted Palm Beach County the right-of-wayneeded to complete the Northlake Reliever bridge construction. Change Order No. 15addresses the necessary work and time required to complete this project. District 1 (ME)

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FEBRUARY 3, 2004


D. COUNTY ATTORNEY

1. APPROVED R-2004-0199Staff recommends motion to approve: an Amendment to the Agreement (R2001-1444)with Gary Israel, Esq., Mamie Washington-Kendall, Esq., and Thomas Montgomery, Esq., one(1) of the teams of attorneys which provide representation to indigent defendants in circuitcriminal court cases in which the Public Defender’s Office withdraws due to a conflict ofinterest. SUMMARY: Gary Israel, Esq., one (1) of the attorneys on the Conflict Team forCriminal Division “Y”, has resigned from the Conflict Team. Pursuant to the terms of Article1.C. of the original Agreement, Steven Duhl, Esq., has been selected as the replacementattorney. Countywide (LSJ)

E. COMMUNITY SERVICES

1. APPROVED R-2004-0200Staff recommends motion to approve: Amendment No.1 to the Delegate AgencyAgreement with Kid Zone Child Development Center, Inc. (R2003-1187; dated August 19,2003) to clarify the requirements for reimbursement for the period September 1, 2003 throughAugust 31, 2004. SUMMARY: The County currently contracts with Kid Zone ChildDevelopment Center for the provision of Early Head Start services. Recipients of Early HeadStart services are enrolled infants, toddlers and pregnant women. Exhibit B has been revisedto include the number of required home visits for pregnant women and women with newbornsnecessary for reimbursement. This material was inadvertently omitted from the agreementwhen submitted on August 19, 2003. Enrollment and the rate of reimbursement at Kid Zonewill remain the same. There are no additional County or federal funds required for thisdelegate agency agreement. Countywide (TKF)


A) APPROVED R-2004-0201Amendment No. 001 to the Delegate Agency Contract with Mt. Zion Apostolic ChildDevelopment Centers, Inc., (R2003-1523; dated September 23, 2003) to decrease enrollmentfrom 67 to 34 children and decrease funding by $150, 357 for a new not-to-exceed total of$303,999; and

B) APPROVED R-2004-0202Amendment No. 001 to the Delegate Agency Contract with Apostolic Children’s Academy forGrowth and Education, Inc. (R2003-1520; dated September 23, 2003) to increase enrollmentfrom 26 to 59 and increase funding by $149,170 for a new not-to-exceed total of $325,462for the period February 2, 2004 through September 30, 2004.

SUMMARY: Apostolic Children’s Academy for Growth and Education, Inc. will beginoperating the Head Start facility at 5917 Haverhill Road, West Palm Beach, Florida 33407 onFebruary 2, 2004. This facility is currently being operated by Mt. Zion Apostolic ChildDevelopment Centers, Inc. Mt. Zion Apostolic Child Development Centers, Inc. will continueto operate their other facility at 359 10th Street, Lake Park, Florida 33403. This results in a$1,187 reduction in the total cost of the program and no change in the number of children atany location. Both delegate agencies have been successfully operating Head Start facilitiesfor the County and no change is expected in the level of services. No additional funds arerequired. (Head Start) Countywide (TKF)

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E. COMMUNITY SERVICES (Cont’d)

3. APPROVEDStaff recommends motion to approve: Two (2) Amendments to Ryan WhiteComprehensive AIDS Resources Emergency (CARE) Act contracts for the period March 1,2003 through February 29, 2004:

A) APPROVED R-2004-0203Amendment No. 1 to the contract with Comprehensive AIDS Program of Palm Beach County,Inc. (R2003-0793; dated June 3, 2003) as fiscal agent for Sistah to Sistah Recovery House,Inc. to decrease funding by $9,000 for a total not-to-exceed amount of $32,115; and

B) APPROVED R-2004-0204Amendment No. 2 to the contract with Haitian Center for Family Services, Inc. (R2003-0604;dated May 6, 2003) to increase funding by $9,000 for a total not-to-exceed amount of$1,041,857.

SUMMARY: Ryan White C.A.R.E. Act service dollars are reviewed throughout the contractyear. Food Bank/Home Delivered Meals dollars are being transferred from one agency toanother in an effort to meet the Food Bank/Home Delivered Meals needs of the clients. NoCounty funds are required. (Ryan White) Countywide (TKF)

4. APPROVED R-2004-0205Staff recommends motion to approve: Use of Facility Agreement with the City ofGreenacres Department of Leisure Services providing for a congregate dining site for elderlypersons at 525 Swain Boulevard, Greenacres, FL 33463, effective February 2, 2004, with nofixed expiration date and no cost. SUMMARY: Approval will enable the Division of SeniorServices to operate a congregate dining site for elderly persons in the City of Greenacres atno cost to the County for space or energy usage. The site management and food isfurnished by the Division of Senior Services. (DOSS) Countywide except for portions ofDistricts 3, 4, 5, and 7 south of Hypoluxo Road

5. APPROVED R-2004-0206Staff recommends motion to approve: Contract for provision of Professional Services withOakwood Center of the Palm Beaches, Inc. in an amount not-to-exceed $116,948 for theperiod January 1, 2004 through December 31, 2004. SUMMARY: In 2001, HUD awardedthe Division of Human Services a Shelter Plus Care (SPC) grant for $ 581,440 for a five yeargrant period (January 2003 through December 2007). HUD restricts eligibility for these fundsto a governmental entity. The Division partnered with Oakwood Center of the Palm Beachesfor this project. Oakwood Center has leased fifteen rental apartments for disabled homelessindividuals with severe mental illness or a dual diagnosis (mental illness and substanceabuse). The County has no local match requirement; the match falls on the partner agencyin the form of supportive services. (Human Services) Countywide (TKF)

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

1. APPROVEDStaff recommends motion to approve a negotiated Settlement in the amount of $500 forfull satisfaction of a Code Enforcement Lien that was entered against Donald W. & MalverettaBorovy on July 24, 1996. SUMMARY: The Code Enforcement Board (CEB) entered anOrder on April 3, 1996 giving the Borovy’s until July 2, 1996 to correct their cited codeviolations which included the open storage of inoperative vehicles, vehicle parts, heavyequipment and the construction of a hoop structure without a permit. Compliance was notachieved by July 2, 1996, and a daily fine in the amount of $75.00 was imposed against theproperty for each day the violations continued after that date. The CEB entered a claim oflien against the Borovys on July 24, 1996. The cited code violations were fully corrected asof February 3, 2000. The accumulated fines and interest through November 30, 2000, thedate on which settlement discussions began, totaled $128,004.04 ($98,325 + $29,679.04) ofwhich the Borovys have agreed to pay the County $500 for full settlement of their outstandingCode Enforcement Lien. District 6 (PM)

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G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET Cont’d

2. APPROVEDStaff recommends motion to approve: a negotiated Settlement in the amount of $1,500for full satisfaction of a Code Enforcement Lien that was entered against Eric Cheromcka onDecember 20, 1995. SUMMARY: The Code Enforcement Board (CEB) entered an Orderon October 12, 1995 giving Mr. Cheromcka until December 11, 1995 to correct his cited codeviolation for an addition to an existing storage shed without permits and inspections.Compliance was not achieved by December 11, 1995, and a daily fine in the amount of $100was imposed against him and his property for each day the violations continued after thatdate. The violation was not fully corrected by December 11, 1995 and a fine of $100 per daywas imposed. The CEB entered a claim of lien against Mr. Cheromcka on December 20,1995. The cited code violations were fully corrected as of December 11, 1998. Theaccumulated fines and interest through January 8, 1999, the date on which settlementdiscussions began, totaled $128,758.67 ($109,600 + $19,158.67) of which Mr. Cheromckahas agreed to pay the County $1,500 for full settlement of his outstanding Code EnforcementLien. District 1 (PM)

3. Staff recommends motion to adopt:

A) ADOPTEDBudget Transfer of $696,303 in the Sales Tax Fund (1260) to amend the budget transfersrelated to the issuance of the $94.3M Public Improvements Revenue and Refunding Bonds,Series 2004 (Series 2004 Bonds);

B) ADOPTEDBudget Amendment of $5,984,109 in the $10.47M Airport Centre Debt Service Fund (2010)to record the bond proceeds and payment to escrow agent and the changes in the paymentof principal, interest and paying agent fees as a result of the issuance of the Series 2004Bonds;

C) ADOPTED Budget Amendment of $257,702 in the $7.692M Public Improvement Bond Anticipation NoteDebt Service Fund (2015) for the payment of interest expense on the BAN from the proceedsof the Series 2004 Bonds;

D) ADOPTEDBudget Amendment of $586,420 in the $94.3M Public Improvement & Refunding 2004 DebtService Fund (2018) for the payment of interest expense and paying agent fees as a resultof the issuance of the Series 2004 Bonds;

E) ADOPTEDBudget Amendment of $7,692,586 in the $7.692M Public Improvement BAN ConstructionTrust Fund (3015) for the principal payments on the BAN from the proceeds of the Series2004 Bonds; and

F) ADOPTEDBudget Amendment of $99,693,000 in the $94.3M Public Improvement & Refunding 2004Construction Trust Fund (3018) to record the bond proceeds, cost of issuance, capital projectconstruction funds and related transfers to debt service funds and bond anticipation notefunds related to the Series 2004 Bonds.

SUMMARY: On January 12, 2004, the County sold the $94.3M Public ImprovementRevenue and Refunding Bonds, Series 2004. The above budget transfer and amendmentsare necessary to record the sale of the bonds, payment of the $7.692M Bond AnticipationNote, refunding of the outstanding $10.47M Airport Centre Bonds and adjust the debt servicepayments resulting from the sale of the Series 2004 Bonds. Countywide (PK)

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H. FACILITIES DEVELOPMENT & OPERATIONS

1. APPROVED R-2004-0207Staff recommends motion to approve: an Agreement with Tenet St. Mary’s Hospital Inc.d/b/a St. Mary’s Medical Center allowing for interoperable communications through thecountywide and EMS common groups of the County’s 800 MHz Radio System. SUMMARY:This Agreement provides the conditions under which St. Mary’s Medical Center can programinto its radios and utilize the countywide and EMS common talk groups for certain types ofinter-agency communications. The County’s system will not be utilized for routine operationalcommunications by St. Mary’s. The terms of the agreement are standard and have beenoffered to other hospitals and EMS providers with 800 MHz trunked radio capabilities. Thisagreement also contains state approved standard operating procedures specific to the useof the EMS common talk groups. There are no charges associated with this agreement. St.Mary’s is required to pay call costs associated with subscriber units and to comply with theestablished operating procedures for the System. The term of the agreement is for three (3)years with three (3), three (3) year renewals. The Agreement may be terminated by eitherparty, with or without cause. (Electronic Services & Security) Countywide (ND)

2. APPROVED R-2004-0208Staff recommends motion to approve: Consultant Services Authorization No. 1 to Parksand Recreation Continuing Services Contract (R2003-1899) with Miller, Legg & Associates,Inc., to provide engineering and architectural services for Lake Lytal Park Improvements inthe amount of $250,645. SUMMARY: This Authorization is to provide additional consultantservices for the design, permitting, bid assistance, and construction administration of LakeLytal Park Improvements. Proposed improvements include two (2) pressbox/restroombuildings, batting cages, two (2) new softball fields, another soccer field, picnic areas withrestrooms and pavilions and a maintenance facility. Additional work to be performed in thepark includes roadway improvements, new parking areas and expansion of the pathwaysystem. Construction costs are estimated to be over $2,000,000, with improvements phasedto meet budget constraints. Consultant services include civil engineering, electricalengineering, mechanical engineering, geotechnical investigation, architecture, landscapearchitecture, and surveying. SBE participation for this Authorization is 44.8%. When addedto the Consultant's participation to date, the resulting SBE participation is 44.8%. TheConsultant's contract goal is 15%. This project will meet all applicable codes, laws andordinances, including accessibility requirements of ADA. (Capital Improvements Division)District 2 (JM)

3. APPROVED R-2004-0209Staff recommends motion to approve: Change Order No.7 to the Contract with RepublicConstruction and Development Corporation (R2003-0358) for the renovations to the fifth floorof the Government Center in the amount of $5,017. SUMMARY: On March 11, 2003, theBoard entered into a contract with Republic Development Corporation for the renovations tothe fifth floor of the Government Center in the amount of $775,451. Change Order No. 7provides for miscellaneous electrical changes required due to a request by the PropertyAppraiser. This Change Order must be approved by the Board of County Commissionersbecause when combined with previous approvals, would exceed the combined authority ofthe Contract Review Committee and Department Director. Change Order No. 7 is for workcompleted by the contractor prior to approval of the change order. The M/WBE goal for thisproject is 12% overall with 4% black participation. This change order includes 0% M/WBEparticipation. When added to participation to date, the contractor has achieved 21.1% overallparticipation with 6.7 % black. (Capital Improvements Division) District 7 (JM)

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H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)4. APPROVED R-2004-0210Staff recommends motion to approve: Contract with the Bacon Group, Inc. for professionalarchitectural and engineering services for Animal Care and Control Facility in Pahokee in theamount of $163,838. SUMMARY: This project consists of the design of an single-storyAnimal Care and Control Facility in Pahokee of approximately 10,000 square feet. The facilitywill be constructed on the same site as the existing facility, and designed so the existingfacility will remain operational until the new facility is occupied. The existing facility will thenbe demolished. The new Animal Care Facility includes cat and dog housing, office areaincluding reception area, housing support areas including grooming, laundry, food preparationand storage, examination/surgery room, interview rooms, staff areas, conference room,restrooms, and sallyport. Architectural services will include the design development,construction documents, bidding and construction administration. The estimated constructioncost is $1,500,000. Pursuant to this contract, Bacon Group, Inc., agrees to an overall SBEparticipation of 36.8% which exceeds the goal of 15%. This facility will meet all applicablecodes, laws and ordinances including accessibility requirements of ADA. (CapitalImprovements Division) District 6 (JM)

5. APPROVED R-2004-0211Staff recommends motion to approve: Change Order No. 6 to the Contract with RPMGeneral Contractors, Inc. (R2002-1054) for the construction of Fire Station No. 53 in theamount of $5,353.69. SUMMARY: On July 9, 2002, the Board entered into a contract withRPM General Contractors Inc. for the construction of Fire Station No. 53 in the amount of$999,875. Change Order No.6 is to repair damages caused by a citizen’s vehicle crashinginto the Fire Station exterior wall and is for work completed prior to approval of this changeorder. Risk Management is pursuing the vehicle operator’s insurance carrier for collection.This Change Order must be approved by the Board of County Commissioners because whencombined with previous approvals, would exceed the combined authority of the ContractReview Committee and Department Director. The M/WBE goal for this project is 18% overallwith 8% black participation. This change order includes 5.3 % M/WBE participation with 0%black. When added to participation to date, the contractor has achieved 23% overallparticipation with 8.6 % black. (Capital Improvements Division) District 5 (JM)

6. APPROVED R-2004-0212Staff recommends motion to approve: a Lease Agreement with D.R. Horton, Inc. on theJohnson Property PUD Civic site. SUMMARY: The Johnson Property is located on the westside of Jog Road just south of Belvedere Road. The property has recently been approved fordevelopment as a Planned Unit Development (PUD) with a 5.89 acre Public Civic site. Dueto the configuration and development pattern of the PUD, the access road and civic site formthe only developable frontage on Jog Road. The Developer has requested temporary use ofthe civic site from the County for the placement of a temporary sales center. The Countydoes not have a current use for the civic parcel and proposes to lease the site to thedeveloper for $5,000. In addition to the cash payment, the County will receive severaltangible benefits not normally included with civic site acquisition including: a site irrigationsystem with well and pump, and continued grounds maintenance until such time that theCounty develops the site. The Lease will expire on September 30, 2004 at which time theDeveloper shall remove all of it’s improvements, restore and stabilize the site. This lease isbeing entered into under the sole source provisions of Ordinance 2002-067 (PREMOrdinance) which requires a finding by the Board that the Developer is the only personcapable of reasonably utilizing the civic site for a use which the Board has determined to bethe best use of the site. (PREM) District 6 (HJF)

7. APPROVED R-2004-0213Staff recommends motion to approve: Amendment No. 1 to a continuing Contract withProfessional Communications Consultants, Inc. (R2002-0445) for engineering and consultingservices for the review of applications to PZB for communications towers. SUMMARY:Professional Communications Consultants Inc., (PCCI) was selected to provide professionaltower consulting services. The original contract approved on April 2, 2002 provided for aninitial 24-month term with one (1) 24-month renewal option. This amendment would providefor services during the one and only renewal period which commences on April 2, 2004.There is no M/WBE participation goal in this contract and no M/WBE participation wasachieved. (Electronic Services & Security) Countywide (JM)

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H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

8. APPROVED R-2004-0214Staff recommends motion to approve: Consultant Services Authorization No. 2 to theContract with PGAL (R2003-1753) for design and construction administration services for thenew West Boca Branch Library in the amount of $319,437. SUMMARY: The scope ofservices provides for architectural and engineering services for the master planning of thesite, building planning, design, permitting and construction administration for a new 20,000sq. ft. West Boca Branch Library. The construction cost estimate for this project is$3,000,000. PGAL will provide 15.6% SBE/M/WBE participation in this authorization. TheSBE/M/WBE goal for this consultant is 15%. This project will meet all applicable codes, lawsand ordinance including accessibility requirements of the ADA. (Capital ImprovementsDivision) District 5 (JM)

9. APPROVED R-2004-0215REVISED SUMMARY: This project consists of the design of an approximately 22,000 squarefoot single story gymnasium to be located in John Price Park, Lake Worth. The facility will bedesigned to meet the accessibility and related requirements for the special population groupthat the facility is to serve. This project will be designed for construction in two (2) phases,to accommodate budgeting requirements. Phase I (15,890 sq. ft.) will include the gymnasiumarea, a concession and food preparation area, storage area, chiller area, mechanical andelectrical rooms, and other related administrative and support spaces. Phase II (6, 110 sq.ft.)will include a raised stage area, storage, a weight training room, a music room, a game room,a mechanical room, and locker room with toilet and shower facilities, which will be accessibleto the future secondary pool which will be located adjacent to the site. Architectural serviceswill include the design, permitting and construction administration for both phases of theSpecial Olympics Gymnasium and Arts Center and associated site work. The estimatedbuilding construction cost for Phase I is $2,383,000 plus site construction costs of $300,000.The estimated building construction cost for Phase II is $867,000 plus site construction costsof $75,000. Total building construction and site costs for Phase I and Phase II is $3,625,000.A portion of the funds for Phase I ($1,100,000) are from Commissioner Aaronson's allocationin the Recreational and Cultural Facilities Bond Issue. The remaining funds are being raisedby the Executive Committee of Special Olympics Palm Beach County, the local chapter ofSpecial Olympics Florida. Special Olympics Florida has been given the naming rights inexchange for a certain amount of fundraising to be conducted by the local chapter.Commissioner Aaronson is the Chairman of the Executive Committee and has beeninstrumental in soliciting these funds from private individuals and groups. To date, theCommittee has received $512,000 with an additional $530,000 in pledges. Pursuant to thiscontract, MPA agrees to an overall SBE participation of 65.8%. This facility will meet allapplicable costs, laws and ordinances including accessibility requirements of ADA. (CapitalImprovements Division) Countywide 3 (JM) (FD&O)

10. APPROVED R-2004-0216Staff recommends motion to approve: Contract with Craven, Thompson and Associates,Inc. to perform surveying, master planning and preliminary engineering services in connectionwith District Park “F” for the fixed fee amount of $64,260. SUMMARY: This project consistsof a district park on sixty (60) acres located south of Hamlin Boulevard and west of SeminolePratt Whitney Road. The park will contain the following elements: soccer/football fields,baseball fields, press box/concession stand, picnic pavilions, restrooms, playground, alongwith associated parking, infrastructure and other typical park amenities. A future communitycenter/gymnasium will be included on the site plans. Under Phase I of this contract, Craven,Thompson and Associates will provide master planning, research, investigations andsurveying services. Upon completion of this Phase I, a contract amendment for the balanceof the design work and construction administration services will be presented to the BCC. Theestimated construction cost of the project is $8,200,000. Craven, Thompson and Associateswill provide 7.6 % SBE participation in this first phase. The contract goal is 15%. This projectwill meet all applicable codes, laws and ordinance, including accessibility requirement of theADA. (Capital Improvements Division) District 6 (JM)

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FEBRUARY 3, 2004


I. HOUSING & COMMUNITY DEVELOPMENT

1. APPROVED R-2004-0217Staff recommends motion to approve: an Agreement with the Village of Royal Palm Beachin the amount of $45,572 in Community Development Block Grant (CDBG) funds for ADAimprovements to Bobbie Joe Lauder Park for the period of February 3, 2004, throughDecember 31, 2004. SUMMARY: CDBG funds made available through this agreement willbe used for the installation of ADA walkways in Bobbie Joe Lauder Park in the Village ofRoyal Palm Beach. This agreement will provide $45,572 in Federal CDBG funds whichdo not require local matching funds. District 6 (TKF)

2. APPROVED R-2004-0218Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2003-1705) with The ARC to: a) reduce the average number of persons to be served each monthfrom 120 to 80; b) reduce the number of unduplicated persons to be served during the yearfrom 146 to 85; and c) increase the daily rate to be paid for each persons assisted from $1.82to $2.72. SUMMARY: The ARC, Inc. has an agreement with Palm Beach County for $55,000to provide vocational education, supported employment, supported living, and communityinclusion activities for adults with developmental disabilities. Funds were provided throughthe Community Development Block Grant (CDBG) Program during preparation of agreementR2003-1705. The ARC inadvertently over-estimated the number of persons to benefit fromthe program being funded by including clients from other programs. The result was thatcontract R2003-1705 reflected a rate to be paid for each person assisted of $1.82 per dayinstead of $2.72. This should have been realized given the 85 persons propose to benefitfrom the activity. The effective date of the revised contract is October 1, 2003 to September30, 2004. These are federal funds and no match from County General Funds isrequired. Countywide (TKF)

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 $10,975 in additional funds for Patricia Freeman of Belle Glade. 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 theapplicant has been approved by HCD's Loan Review Committee, however, the costs relatedto lead-based paint totaling $20,975 have exceeded the BCC authorized $10,000 limitnecessitating the approval of the requested $10,975 in additional funds to enable theimplementation of this project. These are Federal funds that require no local match.District 6 (TKF)

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K. WATER UTILITIES

1. APPROVED R-2004-0219Staff recommends motion to approve: Partial Release of Utility Easement on land ownedby Columbia/JFK Medical Center Limited Partnership. SUMMARY: This document willrelease the County’s interest in a portion of a utility easement recorded in the Official Recordsof Palm Beach County in Book 9997, Page 1299. During development of the new JFKCancer Center, the alignment of the water and wastewater mains was revised by the propertyowner. The property owner provided the County with new utility easements to match therevised pipeline locations, and is now requesting release of the portion of the older easementthat is no longer needed. The Water Utilities Department concurs with this request, andtherefore recommends the partial release. District 3 (MJ)

2. ADOPTED R-2004-0220Staff recommends motion to adopt: a Resolution amending Resolution No. R2003-1218for the Davis Road Area Water Main Extension Improvement Project, correcting a scrivener’serror by deleting one (1) parcel from the final assessment roll. SUMMARY: On August 19,2003, the Board adopted Resolution R2003-1218 for the Davis Road Area Water MainSpecial Assessment Project. This amending Resolution corrects a scrivener’s error bydeleting one parcel (PCN 00-43-44-30-01-089-0012) from the final assessment roll. All otherportions of Resolution No. R2003-1218 remain in full force and effect. (WUD Project No. 01-186) District 3 (MJ)

3. ADOPTED R-2004-0221Staff recommends motion to adopt: a Resolution amending Resolution No. R2003-1106for the Waverly Woods Area Water Main Extension Improvement Project, reducing theindividual assessment from $40.38 per foot to $36.13 per foot. SUMMARY: On July 15,2003, the Board adopted Resolution No. R2003-1106 confirming the Waverly Woods AreaWater Main Special Assessment. Pursuant to Section 9 of Ordinance No. 2001-0010,property owners are entitled to a reduction in their individual assessment if the final cost ofthe project falls below the original estimate. The assessment adopted by the Board wasbased upon an estimated cost of $136,645.92, while the final assessable cost is based on$122,263.92. Based on 3,384 lineal feet of assessable frontage, the individual cost to theproperty owners is decreased from $40.38 per foot to $36.13 per foot. (WUD Project No. 02-151) District 2 (MJ)

4. APPROVED R-2004-0222Staff recommends motion to approve: Change Order No. 4 to the Contract with DouglasN. Higgins, Inc. (R2003-878) for the Winsberg Farm Wetlands Restoration Project, increasingthe contract price by $86,421.39 with no time extension. SUMMARY: Change Order No. 4authorizes the Contractor to perform various civil, mechanical, and architectural improvementsto this project including upgrading the boardwalk lumber quality from Grade No. 2 to GradeNo. 1 to increase service life, modifying the parking lot, underground piping and earth bermto meet building code requirements, filling a drainage ditch to minimize soil erosion, andextending an access drive to provide improved access totaling $125,524.59. Credits in theamount of $39,103.20 are included for reductions in paving, storm drainage piping andwaterproofing. Total change orders to date, including this change order, have increased theoriginal contract price from $10,823,156.75 to $10,975,305.66 (1.4% increase). The minorityparticipation goal established by the Goal Setting Committee for this project is 12.0% overall(4.0% B and 8.0% O). This change order includes 0.00% overall M/WBE participation. Thecontractor’s cumulative M/WBE participation, including this change order, is 12.7% overall(4.0% B and 8.7% O). (WUD Project No. 03-061) District 5 (JM)

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L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. APPROVED R-2004-0223Staff recommends motion to approve: One (1) Agreement for Purchase and Sale involvingone (1) parcel (1.2 acres) of land in Unit 11 to be purchased using mitigation funds. The costof purchasing the property is $8,626 (land cost), plus $420 (closing and miscellaneous costs),for a total of $9,046. SUMMARY: The Agreement presented in this item is for one (1) parcelin Zone 7 at a purchase price which is twenty-five (25) percent above the average of recentappraisal values obtained by the County. If this, and other pending Agreements for Purchaseand Sale are successfully closed, the County will have acquired, through purchase, tax deed,donation, settlement agreement, and eminent domain, a total of 1,531.86 acres. District 1(HJ)


A) APPROVEDBudget Transfer of $100,000 in the $75M General Obligation Conservation Land 1999Construction Trust Fund (3001) from Reserves (9900) to the Acreage Pines Natural Areaproject account (E438);

B) APPROVEDBudget Transfer of $330,000 in the $75M General Obligation Conservation Land 2001Construction Trust Fund (3002) from Reserves (9900) to various project accounts, includingE418 (Lake Okeechobee Connector), E419 (Lake Park Scrub Natural Area), E421 (NorthJupiter Flatwoods Natural Area), E439 (Prosperity Oaks Natural Area), and E441 (LimestoneCreek Natural Area); and

C) APPROVEDBudget Transfer of $250,000 in the $50M ESL 94 Acquisition Fund (3005) from Reserves(9900) to various project accounts, including E220 (Frenchman’s Forest Natural Area) andE230 (Juno Dunes Natural Area).

SUMMARY: The Budget Transfers will increase the budgets for these natural areas to cover:increased costs in security fencing and exotic vegetation treatments in the Frenchman’sForest and Acreage Pines Natural Areas (E220 and E438); increased cost estimates toperform hydrological restoration on the southern portions of the Juno Dunes Natural Area(E230) as part of the capital improvements for this site; County staff time needed for ongoingnegotiations to resolve outstanding real estate issues related to surplus land sales on theLake Park Scrub Natural Area (E419) and negotiate for small in-holdings and additions byway of tax deed sales or purchases in the Lake Okeechobee Connector (E418) and NorthJupiter Flatwoods (E421) Natural Areas; and, for County staff time spent negotiating foradditional pieces of land associated with the Limestone Creek (E441) and Prosperity OaksNatural Areas (E439). Districts 1 & 6 (ND)

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L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)


A) APPROVED R-2004-0224approve Interlocal Agreement with the City of Boca Raton for funding a portion of the totalproject costs associated with the Central Boca Raton Beach Nourishment Project throughSeptember 30, 2027;

B) APPROVEDapprove Budget Transfer of $599,500 within the Beach Improvement Fund (3652) fromReserves (9900) to the Central Boca Shore Protection Project Account (M051); and,

C) AUTHORIZEDauthorize the County Administrator or his designee to sign all future time extensions, taskassignments, certifications and other forms associated with this Agreement, and necessaryminor amendments that do not change the scope of work or terms and conditions of theAgreement.

SUMMARY: The Interlocal Agreement with the City of Boca Raton (City) for the Central BocaRaton Beach Nourishment Project provides for the County to cost-share with the City on areimbursement basis. The County’s cost-sharing responsibility is limited to twenty percent(20%) of the total eligible costs within the project area. The term of the Interlocal Agreementextends through September 30, 2027. Design, permitting, construction, mitigation,environmental and project performance monitoring are all eligible project costs. However, anymodifications to inlet-related structures or properties, including the north jetty weir relocation,are specifically excluded. The initial estimate of the County’s share is $875,000 forconstruction and $140,000 for design and other eligible costs during FY04. There is aprovision in the Interlocal Agreement that all future funding by the County is subject to theBoard’s annual approval of the budget. District 4 (ND)

4. APPROVED R-2004-0225Staff recommends motion to approve: Task Order No. 0770-07 to Contract (R2001-0770)with Botkin Parssi & Associates, Inc. (Botkin Parssi) in the amount of $39,000 for additionalarchitectural and engineering services required in conjunction with the design of the SouthLake Worth Inlet Sand Transfer Plant Reconstruction. SUMMARY: The $186,555 Contractfor Botkin Parssi’s engineering/professional services was approved by the BCC on May 15,2001. Six (6) additional task orders totaling $64,065 have been issued under the Contract.Task Order No. 0770-07 provides for changes to the Sand Transfer Plant’s exterior facade,which were required by the Town of Manalapan. This revision also requires mechanical,electrical and structural reconfiguration. Task Order No. 0770-07 also provides for a surveyassociated with overlaying and placement of a handrail and post system on the south jetty.The Contract requires 8.89% M/WBE subcontract participation. There is 5.77% M/WBEparticipation on this $39,500 Task Order, for a 6.38% M/WBE total on the Contract. District4 (JM)

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FEBRUARY 3, 2004


M. PARKS & RECREATION

1. APPROVED R-2004-0226Staff recommends motion to approve: Agreement with the Palm Beach County SportsInstitute, Inc., in an amount not-to-exceed $175,000 for the period February 3, 2004 throughSeptember 30, 2005, for the Community Olympic Development Program. SUMMARY: OnDecember 17, 2002, the Board approved funding $175,000 annually for three (3) years fromthe General Fund for the Sports Commission’s Community Olympics Development Program(CODP). The agreement for the 2003 funding was approved on May 6, 2003, and thatfunding has been disbursed. This Agreement provides $175,000 to the CODP for 2004 andallows for the reimbursement of eligible expenses incurred subsequent to October 1, 2003.The Agreement also allows for the funding of the program from October 1, 2004 throughSeptember 30, 2005, subject to available funding. Countywide (ND)

2. APPROVED R-2004-0227Staff recommends motion to approve: Agreement with the School Board of Palm BeachCounty and the Horticulture Society of South Florida, Inc., in the amount of $5,000 for theperiod February 3, 2004, through February 2, 2005, for funding of a garden at Alexander W.Dreyfoos, Jr. School of the Arts. SUMMARY: This Agreement provides funding to theHorticulture Society to offset costs it paid for the garden area at the Alexander W. Dreyfoos,Jr. School of the Arts. Expenses eligible for reimbursement include project design, plants,signs, installation and trucking. The Agreement allows for the reimbursement of eligibleexpenses incurred subsequent to February 18, 2003. Funding is from the RecreationAssistance Program (RAP). District 2 (ND)

3. APPROVED R-2004-0228Staff recommends motion to approve: Agreement with the School Board of Palm BeachCounty in the amount of $15,000 for the period February 3, 2004, through January 31, 2005,for funding Forest Hill High School Football uniforms and equipment. SUMMARY: Thisfunding is to help offset costs paid by the School Board for the purchase of uniforms andequipment for the Forest Hill High School football team. The Agreement allows for thereimbursement of eligible expenses incurred subsequent to June 1, 2003. Funding is fromthe Recreation Assistance Program (RAP). District 3 (ND)

4. APPROVEDStaff recommends motion to approve: Allocation of $12,000 from District 3 RecreationAssistance Program to Peanut Island Consultant Services. SUMMARY: Funding from District3 Recreation Assistance Program (RAP) provides $12,000 for costs associated with publicoutreach on Peanut Island during construction of the Peanut Island EnvironmentalRestoration Project. District 3 (ND)

5. APPROVED R-2004-0209Staff recommends motion to approve: Agreement with Boys and Girls Clubs of PalmBeach County, Inc., in the amount of $15,000 for the period February 3, 2004, throughJanuary 31, 2005, for funding of the Gators Galore Public Art Project. SUMMARY: Thisfunding is to assist the Boys and Girls Clubs of Palm Beach County, Inc., with the GatorsGalore public art project, which will run from early January 2004, through April 4, 2004.Eligible project expenses include decorations for the Gators Galore Gala and printing costsfor informational materials about the Gators Galore public art project. The Agreement allowsfor the reimbursement of eligible expenses incurred subsequent to November 1, 2003.Funding is from the Recreation Assistance Program (RAP) District 2 ($5,000), District 4($5,000), and District 6 ($5,000). Districts 2, 4, & 6 (ND)

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FEBRUARY 3, 2004


M. PARKS AND RECREATION (Cont’d)

6. DELETEDStaff recommends motion to approve: Bulk Cable Television Service Agreement withAdelphia Cablevision of West Palm Beach IV, L.L.C., d/b/a Adelphia Cable Communications(Adelphia), in an amount not-to-exceed $18,855 per year for five years for a total of $94,275for continued cable television service to the South Bay Campground for the period February3, 2004 through January 31, 2009. SUMMARY: This Agreement provides cable televisionservice to all 75 sites at South Bay Campground for a bulk rate cost of $20.95 per month persite. The total annual cost for the first year will be $18,855 plus applicable franchise fees.The cost for subsequent years may increase up to a maximum of 6% per year based on theConsumer Price Index. A previous seven year term Agreement with Adelphia expired on May16, 2003, and has been extended on a monthly basis, pending entering into a newAgreement. The new Agreement allows for two year term automatic renewals unless eitherparty gives written notice of non-renewal. The Agreement allows for the payment of pre-Agreement costs subsequent to February 1, 2004. District 6 (ND)

7. APPROVED R-2004-0230Staff recommends motion to approve: Agreement with the Village of Royal Palm Beachin an amount not-to-exceed $20,000 for the period February 3, 2004 through May 2, 2004,for funding of the Star Spangled Spectacular. SUMMARY: This funding is to help offsetcosts paid by the Village of Royal Palm Beach for the Star Spangled Spectacular Fourth ofJuly Celebration held on July 4, 2003, in conjunction with Sound Advice Amphitheater andYesteryear Village at the South Florida Fairgrounds. Reimbursement will be provided forfireworks or other expenses incurred for the event such as games, craft shows, pony and trainrides, face painting, and musical performance. The Agreement allows for the reimbursementof eligible expenses incurred subsequent to June 1, 2003. Funding is from the RecreationAssistance Program (RAP). District 6 (ND)

8. APPROVED A) R-2004-0231 B) R-2004-0232 C)R-2004-0233Staff recommends motion to approve: First Amendments to Recreation AssistanceProgram (RAP) Agreements with the School Board for extension of completion dates for: A)Odyssey Middle School Special Events (R2003-0642); B) Whispering Pines ElementarySchool Stage Restoration Project (R2003-0890); and C) Glades Central Community HighSchool Pole Vault Equipment (R2003-0643). SUMMARY: These project completion datechanges are necessary in order to allow for the reimbursement of project invoices for eligibleexpenses incurred subsequent to respective project completion dates. Each projectcompletion date is amended as follows: 1) Odyssey Middle School from May 30, 2003, toMay 30, 2004; 2) Whispering Pines Elementary School from June 30, 2003, to June 30,2004; and 3) Glades Central Community High School from November 5, 2003, to May 5,2004. All other terms of each Agreement remain the same. Districts 5 & 6 (ND)

9. APPROVED R-2003-0234Staff recommends motion to approve: Agreement with the City of South Bay in an amountnot-to-exceed $56,313 for the period February 3, 2004 through May 31, 2004, for funding ofrecreation programs. SUMMARY: This funding is to assist the City of South Bay with costsfor recreational programs held from June 1, 2003 through May 31, 2004. Expenses eligiblefor reimbursement include salaries, transportation, t-shirts, admissions and field trips,development and training, equipment and games, miscellaneous supplies, and computers.The Agreement allows for the reimbursement of eligible expenses incurred subsequent toJune 1, 2003. Funding is for $56,313, with $11,498 from the Recreation Assistance Program(RAP) – District 6 and $44,815 from the Park Improvement Fund “Glades Needs – SouthBay”. District 6 (ND)

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M. PARKS AND RECREATION (Cont’d)


A) APPROVED R-2004-0235Agreement with the School Board of Palm Beach County for funding of LLL Community HighSchool Athletic Field Lighting; and

B) APPROVEDBudget Transfer of $400,000 within the 1999 $25 Million Recreational and Cultural FacilitiesBond to School Board/LLL Athletic Fields.

SUMMARY: On October 21, 2003, the Board approved the reallocation of $400,000previously budgeted for athletic improvements at Hagen Road Elementary and EaglesLanding Middle Schools to fund sports lighting at the LLL high school baseball and softballfields. The Agreement and budget transfer accomplish that direction. The Agreement alsoallows for the reimbursement of pre-Agreement expenses subsequent to November 5, 2002.District 5 (PK)

S. FIRE RESCUE

1. APPROVED R-2004-0236Staff recommends motion to approve: Memorandum of Agreement with the Children’sServices Council of Palm Beach County to fund up to $50,000 for the Drowning PreventionCoalition effective retroactively to October 1, 2003 for the period of October 1, 2003 toSeptember 30, 2004. SUMMARY: This agreement provides the terms and conditionsregarding the funding of up to $50,000 for the Drowning Prevention Coalition Program. Theadditional funding of this program is being provided from the County’s general fund in theamount of $50,000 and donated funds. Countywide (SB)

2. APPROVEDStaff recommends motion to approve: The write-off of uncollectible Advance Life Support(ALS) transport accounts to remove these amounts from the County’s financial books for thefollowing period:

October 1, 2000 - September 30, 2001 $ 1,500,206.20

SUMMARY: In December 1994, the Board authorized Fire Rescue to transport criticallyill/injured patients and bill for those services. The County contracts with a private companyfor these billings and collections services. The County receives payment from a number ofsources, including commercial insurance, Medicare, Medicaid, and private individuals. Duringthe period October 1, 2000 to September 30, 2001, Fire Rescue generated $8,203,655 ingross transport billings and collected (to-date) $6,382,213.63 or 77.80%. After adjustments,the balance of $1,500,206.20 is currently deemed to be uncollectible and staff recommendsthat this amount be written-off the County’s financial books. Countywide (SB)

3. APPROVED R-2004-0237Staff recommends motion to approve: an Agreement with Columbia Palms West HospitalLimited Partnership d/b/a Palms West Hospital for controlled clinical experiences in intubationfor Palm Beach County Fire Rescue paramedics. SUMMARY: This Agreement provides“controlled clinical experiences” for paramedics employed by Palm Beach County FireRescue. Experiences will be limited to endotracheal intubation and airway managementwhich will enhance our employees’ skill level in the field. This agreement will becomeeffective upon execution for a period of two (2) years. Countywide (SB)

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FEBRUARY 3, 2004


U. INFORMATION SYSTEMS SERVICES

1. APPROVEDStaff recommends motion to approve: purchase of Crystal Decisions server-based licensesfor report users, associated maintenance, and continuing maintenance on named-user reportDeveloper Licenses in the amount of $246,022.34; maintenance is for the period January 1,2004 to December 31, 2004. SUMMARY: Crystal Decisions report-writing software has beenthe County standard for data distribution via reports for more than five years. Licenses havebeen purchased in that period on a named-user basis as needed. The implementation ofmajor new applications such as JIS Civil, JIS Criminal, and Advantage Financial System hassubstantially increased the number of users who require access to Crystal reports, therefore,it is now more economical to purchase server-based licensing which will allow all Countyemployees to access and use existing Crystal reports. Negotiations with Crystal Decisionshas resulted in a no-cost conversion of the User Licenses for a portion of the required server-licenses. Annual maintenance is also being paid for Developer Licenses and other Crystallicensed tools. Countywide (PK)

BB. SHERIFF’S OFFICE


A) APPROVED R-2004-0238Amendment to the Agreement (R2003-0416) for the U.S. Department of Justice ofCommunity Oriented Policing Services (COPS) Culture of Integrity grant in the amount of$125,000 extending the expiration date of August 31, 2003 to February 29, 2004;

B) APPROVEDBudget Amendment of $110,750 in the Sheriff’s Grant Fund (1152).SUMMARY: The Palm Beach County Sheriff’s Office (PBSO) is actively recruiting personsto serve as deputy sheriffs. The Culture of Integrity grant funds efforts to recruit qualityapplicants from the local community. PBSO will use grant funds to enhance recruitmentefforts within Palm Beach County. This agenda item acknowledges a time extension throughFebruary 28, 2004. During fiscal year 2003, only $14,250 was spent from the original awardamount of $125,000 leaving a total budget of $110,750 for fiscal year 2004. There is nomatch requirement for the Culture of Integrity grant. Countywide (DW)


A) APPROVED R-2004-0239receive and file an Amendment to the Agreement (R2003-0079) for the “Crime LaboratoryImprovement Program” cooperative agreement between the Office of Justice Programs (OJP)and the Sheriff’s Office in the amount of $158,465 extending the expiration date of September30, 2003 to March 31, 2004; and

B) APPROVEDapprove Budget Amendment of $28,365 in the Sheriff’s Grants Fund (1152).SUMMARY: The U.S. Department of Justice Office of Justice Programs has awarded thePalm Beach County Sheriff’s Office (PBSO) $158,465 for the “Crime Laboratory ImprovementProgram.” The Crime Laboratory Improvement Program for FY02 focused on improving theefficiency and productivity of State and local crime lab operations. These improvements willbe accomplished through streamlining, automation, or semi-automation, reducing redundancyand re-analysis, and reduction in the time, labor, and costs needed for public crimelaboratories to more effectively aid the investigative and legal processes. The result of thisaward will be a demonstrated improvement over current operation in areas such as output,turnaround times, staff hours, and/or costs in the section(s) of the lab where the funds areapplied. This agenda item acknowledges a time extension through March 31, 2004. Duringfiscal year 2003, only $130,100 was spent from the original award amount of $158,465leaving a total budget of $28,365 for fiscal year 2004. The remaining required match of$14,255 will be provided through the salaries and benefits of current employees working inthe Crime Lab. No County funds are required. Countywide (DW)

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BB. SHERIFF’S OFFICE (Cont’d)


A) APPROVED R-2004-0240receive and file an Amendment to the Agreement (R2002-1456) for the Solid WasteAuthority (SWA) of Palm Beach County Grant in the amount of $62,750 extending theexpiration date of May 30, 2003 to November 30, 2003; and

B) APPROVEDapprove Budget Amendment of $46,506 in the Sheriff’s Grants Fund (1152).

SUMMARY: The agreement is an attempt by the SWA to create a model waste reductionand recycling program to be used at detention facilities in other counties. The SWA modelprogram will encompass source reduction, reuse, recycling and composting, and will bedeveloped for Florida prisons based on the implementation and standardization of theprograms at the Palm Beach County’s Main Detention Center (MDC) and satellite locations,as well as the Sumter County State Correctional Institution (SCI). This agenda itemacknowledges a time extension through November 30, 2003. During fiscal year 2003, only$16,244 was spent from the original award amount of $62,750 leaving a total budget of$46,506 for fiscal year 2004. There is no match requirement. Countywide (DW)


A) APPROVED R-2004-0241receive and file an Amendment to the Agreement (R2002-2115; dated November 29, 2002)for the Florida Department of Law Enforcement’s Florida Consortium No-Suspect CaseworkDNA Backlog Reduction Program Grant in the amount of $581,831 extending the expirationdate of June 30, 2003 to June 30, 2004; and

B) APPROVEDapprove Budget Amendment of $204,909 in the Sheriff’s Grants Fund (1152).

SUMMARY: The National Institute of Justice (NIJ) has awarded the Florida Department ofLaw Enforcement (FDLE) $2,795,086 for the No-Suspect Casework DNA Backlog ReductionProgram. Improvement in the sensitivity of Short Tandem Repeat (STR) technology hascaused more cases to be submitted for DNA analysis that traditionally would not have beensubmitted. This has dramatically increased the total number of cases requiring DNA analysis,and Florida’s crime laboratories have not been able to keep pace with the demand for forensicDNA analysis, creating a backlog of mostly no-suspect cases. One of the main goals of thisprogram is to reduce the backlog of no-suspect cases requiring DNA analysis in State andCounty crime laboratories. Another goal is to increase Florida’s DNA analysis productioncapability and capacity. DNA testing supports criminal investigations involving theidentification or exclusion of putative suspects through the analysis of biological evidencerecovered from crime scenes. This agenda item acknowledges a time extension throughJune 30, 2004. During fiscal year 2003, only $376,921 was spent from the original awardamount of $581,831 leaving a total budget of $204,909 for fiscal year 2004. No County fundsare required in FY 2004. Countywide (DW)

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FEBRUARY 3, 2004




A) APPROVED R-2004-0242receive and file a Florida Department of Transportation Highway Safety Grant for AggressiveDriving enforcement in the amount of $229,900 for the period December 15, 2003 throughSeptember 30, 2004; and

B) APPROVEDapprove Budget Amendment of $229,900 increasing the Sheriff’s Grant Fund (1152).

SUMMARY: The Florida Department of Transportation (DOT) has awarded a Highway Safetygrant to the Palm Beach County Sheriff’s Office in the amount of $229,900. There is no localmatch requirement. The total program cost is $229,900. The grant period is from December15, 2003 through September 30, 2004. The funds will be used to pay 100 percent of thesalary and benefits of four (4) law enforcement officers to make use of the four (4) new patrolcars paid for by DOT in FY04 for the purpose of Aggressive Driving enforcement. Aggressivedriving habits are widely understood to be a key variable in many traffic crashes. In an effortto reduce the number of traffic crashes in Palm Beach County, the PBSO will use theaforementioned funds to expand aggressive driving enforcement throughout Palm BeachCounty. The PBSO will be seeking funds through this grant opportunity in fiscal years 2005and 2006 for 75% and 50%, respectively, of the total program funding for those years. Ifgrant funding is not awarded, the PBSO desires to fund these positions within the Sheriff’sapproved annual budget. Countywide (DW)


A) APPROVED R-2004-0243receive and file an Amendment to the Agreement (R2003-0656; dated March 11, 2003) forthe Drug Farm Phase II Enhancement grant in the amount of $112,500 extending theexpiration date of September 30, 2003 to May 31, 2004; and

B) APPROVEDapprove Budget Amendment of $82,502 increasing the Sheriff’s Grant Fund (Fund 1152).

SUMMARY: The purpose of the program is to assist units of local government to develop andimplement residential substance abuse treatment programs in local correctional facilities inwhich prisoners are incarcerated for a period of time sufficient to permit substance abusetreatment. The Phase II segment of the Sheriff’s Drug Farm, in existence since 1990, willbenefit from this continued funding by enhancing the treatment parameters to include:Domestic Violence Reduction, Anger and Stress Management, Effective Parenting, and JobSkills Enhancement. The Inmate Welfare Fund (maintained by the Sheriff) will provide therequired 25% match of $20,625. This agenda item acknowledges a time extension throughMay 31, 2004. During fiscal year 2003, only $29,998 was spent from the original awardamount of $112,500 leaving a total budget of $82,502 for fiscal year 2004. No County fundswill be used. Countywide (DW)

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A) APPROVED R-2004-0244receive and File the Florida Department of Law Enforcement’s Florida Consortium "PaulCoverdell National Forensic Sciences Improvement Act" Grant in the amount of $12,769.12for the period September 1, 2003 through August 31, 2004; and

B) APPROVEDapprove Budget Amendment of $12,769.12 increasing the Sheriff’s Grants Fund (1152).

SUMMARY: The National Institute of Justice (NIJ) has awarded the Florida Department ofLaw Enforcement (FDLE) $203,236 for the "Paul Coverdell National Forensic SciencesImprovement Act." Increases in population throughout the state along with increase in crimehave placed a burden on the Crime Laboratories in the state. This has led to backlogs andincreasing turnaround times for cases to be worked in all analytical areas of the laboratories.The instrumentation, supplies and equipment requested will be used to provide more efficientprocessing of evidence and thus decrease the time needed to work the cases. In addition,monies will be used for accreditation. The primary objective of this program is to reduceanalysis time for cases submitted to State and County crime laboratories. Another goal is toincrease Florida’s analysis production capability and capacity. There is no grant matchrequired, nor are any County funds required in FY2004. Countywide (DW)

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

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FEBRUARY 3, 2004

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

A. PRESENTEDProclamation declaring February 11, 2004 as “Dial 2-1-1 Day” in Palm Beach County.(Sponsored by Commissioner Marcus)

B. PRESENTEDProclamation declaring the month of February 2004 as “Library Appreciation Month” in PalmBeach County. (Sponsored by Commissioner Marcus)

C. PRESENTEDProclamation declaring February 14, 2004 as “Everglades Day” in Palm Beach County.(Sponsored by Commissioner Koons)

D. DISCUSSEDProclamation declaring the week of February 22 - 28, 2004 as “Engineers Week” in PalmBeach County. (Sponsored by Commissioner Newell)

E. PRESENTEDCertificates of Appreciation to the Partners of the Drowning Prevention Coalition. (Sponsoredby Commissioner Newell)

F. PRESENTEDCertificate of Appreciation to George Goatley for heroism and bravery for saving a child's life.(Sponsored by Commissioner Newell)

G. PRESENTEDProclamation declaring the month of February 2004 as “Black History Month” in Palm BeachCounty. (Sponsored by Commissioner Greene)

H. PRESENTEDProclamation declaring February 7, 2004 as “National Black HIV/AIDS Awareness andInformation Day” in Palm Beach County. (Sponsored by Commissioner Greene)

I DISCUSSEDADD-ON: Proclamation declaring Saturday, February 14, 2004 as “Business OpportunityDay” in Palm Beach County. (Sponsored by Commissioner Greene)

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

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FEBRUARY 3, 2004

5. REGULAR AGENDA

A. ADMINISTRATION

1. APPROVEDStaff recommends motion to concur: with Individual Training Account Agreementsapproved by the Executive Committee of Workforce Alliance, Inc., to provide occupationalskills and related training under the Workforce Investment Act of 1998 (the “ACT”) and theWorkforce Innovation Act of 2000 (“WIA”). SUMMARY: In compliance with an Agreementwith Workforce Alliance, Inc. (Alliance) all contracts entered into for employment and trainingunder the WIA must have the concurrence of the County as Chief Elected Officials in thepurpose and proposed amount of each contract. Alliance issued a Vendor SolicitationPackage to public and private education agencies in Palm Beach County. Individual ReferralAgreements established as a result of this solicitation will provide for courses and programsto meet the training needs of the County’s WIA customers. Approval granted by Alliance withconcurrence by the Board of County Commissioners authorizes staff to enter into theseIndividual Training Account Agreements with approved vendors. Countywide (TKF)

ADD-ON: TIME CERTAIN 11:45 A.M.

2. ADOPTED R-2004-0259Staff recommends motion to adopt: a Resolution providing for intent to procure ballotprinters. SUMMARY: This resolution formalizes the Board's commitment to procure ballotprinters. (Admin)

3 ADD-ON & WAITING FOR BACKUP: TIME CERTAIN 2:15 P.M.

Staff recommends motion to:

A) GRANT AGREEMENT APPROVEDConceptually approve terms of the Grant Agreement with the Scripps Research Institute(Scripps) including 1) Permanent Facilities Development Addendum, 2) Temporary FacilityFunding Agreement, and 3) Ground Lease Agreement;

B) AUTHORIZED R-2004-0260Authorize the Chair of the Board of County Commissioners to execute the final GrantAgreement in accordance with the conceptual terms approved by the BCC; and

C) AUTHORIZEDAuthorize the County Administrator or designee to sign the Ground Lease Agreement inaccordance with the terms of the Grant Agreement with Scripps.

SUMMARY: The Grant Agreement establishes the partnership with The Scripps ResearchInstitute which will result in Scripps locating its Florida operational base (Scripps Florida) andcreating new jobs in Palm Beach County. The Grant Agreement sets forth the responsibilitiesof both parties as summarized below. Attached to the Grant Agreement are:

a. Permanent Facilities Development Addendum which details Scripps’ responsibility toconstruct, at County expense, Scripps’ research and administration buildings. County willalso purchase the additional Mecca property for the creation of a biotechnical research park,and provide the infrastructure that will allow development of Scripps’ parcel and the park.

b. Temporary Facility Funding Agreement with Scripps and Florida Atlantic University (FAU)which describes the temporary facility in Jupiter that the County will fund and FAU willconstruct as Scripps’ temporary location. Under this agreement, FAU will retain ownership ofthe facilities for their own use after Scripps occupies its permanent facilities and FAU willrepay the County $10M.

c. Ground Lease Agreement which describes the leasehold relationship with Scripps until thefuture date which ownership of the land on which Scripps’ facilities lie is transferred to Scrippsafter it has fulfilled its obligations under the Grant Agreement.

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5. REGULAR AGENDA


3. Key provisions of the Grant Agreement include:

1. County will purchase the Mecca property or a suitable alternative site for development ofa biotechnical research park, and designate a 100-acre parcel for Scripps’ sole use and atleast 400 acres designated for related biotechnical research and related educational activities.County will provide all required infrastructure for the site on a schedule that facilitates Scripp’smeeting its schedule for occupying permanent facilities under its State Agreement, includingobtaining all required development approvals.

2. County will pay Scripps up to $137 million to construct 44,000 square feet of administrativespace and 320,000 square feet of biomedical and scientific research space necessary tosupport a state of the art facility. The space figures are subject to a 5% adjustment followingvalue engineering by Scripps’ engineers. Scripps will own the constructed facilities and leasethe 100 acres on which they are built for $1 per year. After Scripps has occupied andoperated the facilities for their intended purpose for 30 years in compliance with theAgreement, they will be deeded the 100 acres for $1.00.

3. Scripps will locate its primary Florida base of operations in Palm Beach County and willcreate a minimum of 545 new jobs within a seven year period. The average annual salaryof these jobs will be above the then current per capita income for Palm Beach County.Scripps will work collaboratively with the County in fostering economic development within theCounty within the biomedical and biotechnology industry. Scripps will strive to create 2777new Scripps jobs and/or a total of 6500 Scripps and related employer biotechnical new jobsin the County. If this goal is reached before the end of the 30-year term of this agreementand maintained for 2 years, County will transfer ownership of the Scripps’100 acre parcel.

4. Scripps will use reasonable efforts to give hiring preference for its new jobs to Palm BeachCounty residents. Scripps also will use a competitive process for the selection of its designprofessionals, contractors and consultants, including achieving the County’s SBE and localpreference goals or using good faith efforts to meet same.

5. Within 30 days of the effective date of this agreement, County will make available $15million in proceeds from a Bond Anticipation Note. County will pay for the land purchase,construction and site infrastructure cost through timely issuance of revenue bonds.

6. Scripps will maintain at least 70% of its Florida employees in Palm Beach County throughthe 30-year term of this agreement.

7. Scripps has not agreed to the use of any of its trademarked names or logos in the nameof the park, but has no objection to using the name Scripps in and of itself nor in our referringin marketing material to them by their trademarked name as future and anchor tenants.

8. The Board can enforce their interests in the agreement in a number of ways. The Scrippsproperty will be deed restricted for biomedical research, scientific and educational use. IfScripps is in material default, i.e., they fail to construct the facility under the agreement or ifthey leave Palm Beach County and close their operation here, County may terminate theagreement, take possession of all facilities and exercise any other legal remedy. In the eventof a general default, i.e., Scripps’ failure to abide by any of the terms of the agreement,County may terminate the agreement following a reasonable period of cure and mediation ifnecessary. Even after the underlying property is deeded to Scripps, there are reverter clausesin the deed if Scripps no longer uses the facilities for their primary biomedical and sciencemission.

9. Scripps has agreed to require that their contractor post a payment and performance bondnaming the County as additional insured.

10. Scripps is required under the terms of this agreement to establish an internship programfor high school students and a training program for middle and high school teachers.

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5. REGULAR AGENDA


11. The County has agreed to special provisions to expedite reimbursements of Scrippsmonthly design and construction invoices. County will pay Scripps by wire transfers within tendays of receipt of invoice following review by County Representative. The Clerk’s office hasagreed to this provision, and will work with County and Scripps to develop a suitable formatand content of the invoices.

12. The County has agreed to apply for the DRI Development Order, Comprehensive LandUse Amendment, rezoning FDEP and federal wetland permits (if required) by June 1, 2004.This time frame is achievable but will require diligent effort by County staff. Thecomprehensive plan amendment will include application necessary to extend PGA Boulevardand all required concurrency applications.

13. The agreement requires the County to continue its best efforts to enter into a JointPlanning Agreement with the City of Palm Beach Gardens.

14. The County is agreeing to deliver Scripps’ 100 - acre parcel in cleared and gradedcondition, free of environmental contamination that would restrict their ability to construct theirfacilities without delay. (ADMIN)

4. ADD-ON: TIME CERTAIN 2:15 P.M.

Staff recommends motion to approve: APPROVED

A) SUBJECT TO MECCA PROPERTY MEETING THE CRITERIA R-2004-0261an Assignment and Modification of Contract for Sale and Purchase between the BusinessDevelopment Board, Palm Beach County and Lantana Farm Associates; and

B) APPROVED R-2004-0262an Escrow Agreement between Palm Beach County, Lantana Farm Associates and DorothyH. Wilken, Clerk of the Board of County Commissioners.

SUMMARY: The Business Development Board ("BDB") entered into a Contract to purchasethe 1920 acre Mecca Property from Lantana Farm Associates ("Mecca") for $60,000,000 forThe Scripps Research Institute and associated development. This Assignment andModification assigns BDB's interest in the Contract to the County and modifies certain termsthereof. The Contract contains a 120-day Inspection Period which expires February 7, 2004and also provides the County 2 years in which to obtain all required development approvalswith closing to occur 60 days after receipt of development approvals. It is anticipated that theCounty will obtain all required development approvals in September 2004, but the Countywould like to gain access to the Property prior thereto in order to commence developmentnecessary to meet Scripps' occupancy requirement. While the Contract permitted the BDBto waive the governmental approvals contingency and close early, this will impact the existingcitrus and mining activities conducted by Mecca on the Property, as well as cause substantialtax consequences for Mecca. In order to avoid a dispute with Mecca which could delay theCounty's ability to gain access to the site, Staff negotiated the following terms, which arereflected in the Assignment:

1. Mecca will consent to the Assignment from BDB to the County;2. The County will reimburse BDB $100,000 for the Deposit paid by BDB;3. If the County desires access to the Property prior to December 15, 2004, the County willhave the right to close in escrow on the date determined by the County, with all funds anddocuments held by the Clerk, and thereafter have full and complete control of the Property.The closing funds and documents will be released from escrow on December 30, 2004;4. Mecca will have the right to continue mining up to 20 acres of property until release fromescrow and final closing;5. Mecca will continue to have the right of first refusal to purchase and develop a residentialpod of up to 200 units, as provided in the letter agreement between BDB and Mecca;6. The County will pay Mecca $500,000 in consideration for allowing the County early accessto the Property, terminating their citrus operations immediately and continuing to mine untilDecember 30, 2004.

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FEBRUARY 3, 2004

5. REGULAR AGENDA


Staff is currently projecting an escrow closing in June or July of this year which will be priorto obtaining development approvals. All due diligence has been completed and Staff iscomfortable with the results. Upon expiration of the Inspection Period on February 7, 2004,the County will be obligated to close unless we are unable to obtain development approvals.At the escrow closing, the bonds will be funded, all contingencies will be waived, and theCounty will have the right to commence development. The risk is that the County does notultimately receive the required development approvals. Complete details of the Contract,Assignment and Escrow Agreement, as well as the results of due diligence, are set forth inthe Background and Policy Issues section.Staff obtained two appraisals of the Property indicating values of $54,000,000 and$46,500,000, respectively. (FD&O/PREM) Countywide (HJF) (Admin)

B. HUMAN RESOURCES

TIME CERTAIN 9:30AM

1. ADOPTEDStaff recommends motion to adopt: Presentation of Annual Service Awards to 436 Countyemployees with 15, 20, 25, 30 and 35 years of service. SUMMARY: This is Palm BeachCounty’s 38th Annual Service Awards Ceremony to honor County employees for theirdedicated service. Countywide

C. WATER UTILITIES


A) APPROVED R-2004-0245 THROUGH R-2004-0247approve Bulk Potable Water Service Agreements with the Cities of Belle Glade, Pahokee andSouth Bay;

B) ADOPTED R-2004-0248adopt a Resolution authorizing the acquisition by Quit Claim Deed of Certain Real PropertyOwned by the Board of Trustees of the Internal Trust Fund of the State of Florida WithoutRights of Entry and Exploration Relating to Reserved Mineral and Petroleum Rights;

C) APPROVED R-2004-0249 approve a Florida Department of Environmental Protection Contract For Sale and Purchaseand Deposit Receipt for the acquisition of 21 acres of land for the Lake Region WaterTreatment Plant (LRWTP) from the Board of Trustees of the Internal Improvement Trust Fundof the State of Florida in the amount of $360,000;

D) APPROVED R-2004-0250approve an Agreement with the School Board of Palm Beach County Concerning theAvailability of Lands in Belle Glade For a Regional Potable Water Treatment Facility,providing compensation in the amount of $1,000,000 for previous improvements made to the21 acre site;

E) APPROVED R-2004-0251approve Consultant Services Authorization No. 7 with Camp Dresser & McKee for theLRWTP Hydrogeologic Services (R2002-0574) in the amount of $607,401;

F) APPROVED R-2004-0252approve Consultant Services Authorization No. 8 with Camp Dresser & McKee for theLRWTP Engineering Services (R2002-0570) in the amount of $2,178,087;

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FEBRUARY 3, 2004

5. REGULAR AGENDA

C. WATER UTILITIES (Cont’d)

G) ADOPTED R-2004-0253adopt a Resolution rescinding Resolution Nos R84-424, R85-103, R85-871, R89-778, R89-1175, R90-1985, R91-280, R92-1862, and R2002-0795 relating to the Water Utilities AdvisoryBoard and re-establishing the Water Utilities Advisory Board to include a representative fromthe area served by the County’s Lake Region Water Treatment Plant; and

H) APPROVEDapprove a Budget Transfer of $4,000,000 in the Water Utilities Capital Improvement Fundfrom Reserves to the Lake Region Water Treatment Plant project.

SUMMARY: The Bulk Potable Water Service Agreements authorize the County to providewholesale potable water to the Cities of Belle Glade, Pahokee and South Bay via a new LakeRegion Water Treatment Plant to be owned, operated and maintained by the County. Theestimated cost to acquire the necessary land, and design and construct this plant isapproximately $35,000,000. The County will provide a $10,000,000 grant from the GeneralFund in equal installments over four years to subsidize the capital cost of the LRWTP, and$5,100,000 in additional grant funding is anticipated from the South Florida WaterManagement District over the next three years. The balance of capital costs will be financedat 2% interest over fifty years utilizing the Water Utilities Department Capital ImprovementFund. The cities will retain retail water operations including pipeline maintenance, meterreading, billing, etc. The County is requesting that the State of Florida, in cooperation with thePalm Beach County School Board, sell 21 acres of land in Belle Glade for the LRWTP site.The County will compensate the State for the $360,000 appraised value of the land, and theSchool Board in an amount of $1,000,000 for de-mucking and backfilling work previouslyperformed on this site. Phase I and II Environmental Surveys performed on the land indicatesthat the site meets all applicable soil and ground water environmental regulations. CampDresser & McKee, the County’s water treatment and hydrogeologic engineering consultant,will provide all hydrogeologic and design services for the new LRWTP.

At the request of the participating cities, Brown & Caldwell will be retained by the County inthe future in an amount not-to-exceed $150,000 to perform value-engineering services duringthe design phase. The number of members of the Water Utilities Advisory Board will beincreased from nine to ten to provide a representative from the area served by the County’snew LRWTP. The three participating cities shall collectively choose this additionalrepresentative. In order to accelerate this project, a budget transfer is needed to increase thecurrent year appropriation for the LRWTP from $4,000,000 to $8,000,000 to provide for theland acquisition, engineering services, the School Board reimbursement, well construction,and other costs that may be incurred this fiscal year. Once the LRWTP is placed into servicein approximately four years, the ongoing operations and maintenance costs will be billed tothe three cities at direct cost plus 15% for indirect costs. (WUD Project No. 03-169)Countywide (JM)

D. FACILITIES DEVELOPMENT & OPERATIONS


A) APPROVEDapprove a Budget Transfer in the amount of $365,000 within the North County GovernmentCenter Bond Fund Reserves (Fund 3011) increasing the construction line budget to cover thecompletion contract and establish a 5% construction contingency;

B) APPROVED R-2004-0254approve a Contract with David Brooks Enterprises, Inc. in the amount of $3,613,880 for therenovation and construction of Phases III & IV at the North County Government Center,Project No. 02240;

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FEBRUARY 3, 2004

5. REGULAR AGENDA

D. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

C) APPROVED R-2004-0255approve Change Order No. 1 in the amount of $144,700 for additional work items necessaryto bring Phase III & IV into compliance with current code, incorporate separately plannedcapital maintenance projects as well as items which were beyond that which could have beenanticipated by the completion contractor; and

D) APPROVED R-2004-0256provide direction on Change Order No. 2 in the amount of $388,112 and 18 days for theaddition of windows to the existing courthouse structure.

SUMMARY: On July 9, 2002, the Board terminated the design build contractor Danville-Findorff, Inc. for the North County Government Center Expansion Project. Danville-Findorff’sSurety then entered into a contract with David Brooks Enterprises to complete Phase II aswell as assume responsibility for claims from subcontractors and suppliers. Phase II hasbeen completed and the facility is occupied. Staff is recommending proceeding with thiscontract for Phases III & IV based upon contractual requirements and discussions withDanville-Findorff’s Surety. Surety will be responsible to pay the difference between theadjusted contract balance remaining for Phases III & IV ($1,510,586) and the cost of thecompletion contract for Phases III & IV ($3,613,880). The contract duration for Phase III is362 days and for Phase IV 80 days to Substantial Completion. The SBE Ordinance exemptscontracts which are a result of defaulted contractors, however, the completion contractorachieved 10.7% SBE participation in the completion contract. Change Order No. 1 items arebeing authorized separately solely for ease in accounting and reconciliation of balance owedto the County by the Surety. Change Order No. 2 is being presented at the request ofCommissioner Marcus and is a deviation from the original design intent. The Commissionerwishes to have windows constructed at all locations where it is structurally feasible. Staff andthe architect do not favor this due to security, building integrity and cost concerns, but it canbe done. (Capital Improvements Division) Countywide (JM)


A) APPROVEDprovide direction on the term of the Agreement with The Historical Society of the PalmBeaches for operation of a museum and occupancy of the Old Courthouse; and

B) APPROVED R-2004-0257approve an Agreement with The Historical Society.

SUMMARY: On 2/4/03, the BCC conceptually approved The Historical Society of the PalmBeaches (“Society”) to operate a historical museum in the restored Courthouse and to occupyapproximately 1000 sf for the Society’s administrative offices. All of the provisions have beenagreed to by the Society but for the term. The BCC originally directed that the term be nolonger than five (5) years and the Agreement presented reflects same. The Society says thata longer term, one of at least 25-30 years is required in order to secure grant funding andsecure substantial private donations. The Society has proposed alternative languageidentified in the Background Section of this Item for consideration. A summary of theremaining key terms of the agreement with the Society is also provided in the BackgroundSection including the receipt of rent for the administrative offices in the amount of $16,905($17.50/sf) annually. The Agreement specifies that the County, through its architect andcontractor, perform the design and construction of the non-exhibit improvements in theMuseum as part of the County’s restoration effort using a portion of the $1,500,000 allocatedto the Society in the Parks & Cultural Facilities Bond Issue. (PREM) Countywide (HJF)


A) APPROVEDBudget Transfer in the amount $200,000 from the Capital Outlay Fund Reserves (Fund 3900)to increase the project budget; and

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FEBRUARY 3, 2004

5. REGULAR AGENDA

D. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

B) APPROVED R-2004-0258 Amendment No.1 to the Contract with The Weitz Company, Inc. (R2003-1542) for

construction management services for the construction of the Palm Beach County GraphicsShop, establishing a Guaranteed Maximum Price (GMP) in the amount of $746,594 for theconversion of the Water Utilities Jog Road booster pump station into the new GraphicsFacility.

SUMMARY: The existing Graphics Facility is located at 2030 Congress Avenue (WaterUtilities) and is required to be vacated pursuant to the County lease with G-Star T.V. Thework contemplated in this Amendment will provide a new facility for the non-copy centerfunctions. On September 23, 2003, the Board entered into a contract with The WeitzCompany for construction management services for the library expansion program andvarious government buildings. This Amendment establishes a GMP for the demolition of 500square feet of the existing building along with the equipment within the building, remodelingof the existing 2850 square feet of the booster station, and the construction of a 1500 squarefoot addition. The project also calls for all site amenities required for code compliance andeffective operation of the facility. An additional $200,000 is required to supplement theapproved CIP amount to $681,000 to accommodate the increase in scope and buildingexpansion. The contract duration to substantial completion is 90 days. The Weitz Companywill provide 15% SBE participation in this authorization, the SBE goal is 15%. (CapitalImprovements Division) District 2 (JM)

4. APPROVEDStaff recommends motion to approve: an Increase in the Facilities Development &Operations/Administration complement by one (1) position (Art Administrator) to assume theresponsibilities for the County’s Public Art Program. SUMMARY: In May of 2002, the BCCassigned responsibility for the County’s Public Art Program to Facilities Development &Operations staffed by a consultant, F. Joan Goldberg. After approximately four (4) years(both with the Cultural Council and then the County) of developing the program, Ms. Goldbergadvised the County of her intent to terminate her contract with the County. After evaluatingthe status of the Program, the predominate type of work to be performed, the amount ofcurrent and projected work. Staff believes that a full-time Art Administrator position would bemore beneficial for the Program than selecting a new consultant. The addition of this positionto the complement will not increase the budget for administration of the program, but merelytransfer the funds from a consultant line to a personal services line within the FDO/Adminbudget. (FDO Admin) Countywide (JM)

E. CLERK OF COURTS

1. APPROVEDStaff recommends motion to approve: Budget Transfer of $52,000 in the General Fundfrom Contingency Reserve to the Value Adjustment Board (VAB). SUMMARY: As a resultof the new law which allows every petitioner the option of one reschedule for any reason[Chapter 194.032(2)], the Value Adjustment Board has received requests for 1,010reschedules. The Value Adjustment Board has been required to extend the hearing datesby over two months in order to accommodate the reschedule requests. This will require theextended services of special masters, temporary help, and department staff. An originalestimate of $60,000 will be needed to complete the fiscal year. Staff has identified a total of$8,000 included in the current budget that was intended for new VAB workstations, but caninstead be used to decrease the fiscal impact to $52,000. All VAB expenses are shared withthe School District of Palm Beach County. The School District is required to reimburse PalmBeach County Board of County Commissioners for two-fifths of all expenses. Countywide(PK)

* * * * * * * * * * * *FEBRUARY 3, 2004

40

6. BOARD APPOINTMENTS

A. ADMINISTRATION(Workforce Alliance)

1. APPROVEDStaff recommends motion to approve: Reappointment of six (6) members to the WorkforceAlliance (WA) beginning February 2004 through January 31, 2007.

NomineesRe-appointm ents Seat No. Area of Representation Position/Employer Nominated By

Suzanne Carlson 21 Business Sector Delray Bch Chamber of Commerce

Don W . Chester 24 Business Sector Associate Adm inistrator,

St. Mary’s Medical Ctr Chamber of Commerce of the Palm

Beaches

J. Max Davis 25 Business Sector Founder, Max Davis

Associates Delray Bch Chamber of Commerce

Dennis P. Gallon 3 Comm unity College President, PBCC Chairm an, PBCC Distr ict Board of

Trustees

Arthur Johnson 2 School Superintendent Superintendent, School

District of PBC Chai rman, School Board o f Pa lm

Beach County

W illiam J. W ood 35 Business Sector/ President, Delray Beach

Economic Development Chamber of Commerce Delray Bch Chamber of Commerce

SUMMARY: The membership of the Workforce Alliance conforms to the requirements of theWorkforce Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. TheWorkforce Investment Act of 1998 requests that an emphasis be placed on CEO’s or highestlevel of management positions for both community and business sector appointments.Countywide (TKF)

B. PARKS AND RECREATION(Okeeheelee Park Citizens Advisory Committee)

A) REVISED TITLE: REAPPOINTEDStaff recommends motion to reappoint: one at-large member (Seat 9) for a two-year term,January 1, 2004 through December 31, 2005, to the Okeeheelee Park Citizens AdvisoryCommittee.

Nominee Seat No. Nominated By:Reappoint:

Peggy Kovacs 9 (At Large) Commissioner Karen MarcusCommissioner Jeff KoonsCommissioner Addie L. Greene

SUMMARY: According to Resolution No. R91-1626, the Board of County Commissionersappoints two (2) At-Large and seven (7) District members to the Okeeheelee Park CitizensAdvisory Committee for two (2) year staggered terms. Countywide (ND)

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FEBRUARY 3, 2004


C. HOUSING & COMMUNITY DEVELOPMENT(Emergency Shelter Grants Program (ESGP) Advisory Board)

1. APPROVEDStaff recommends motion to approve: the following individual to the Emergency ShelterGrants Program (ESGP) Advisory Board to fill an unexpired two-year term (Seat 9), startingFebruary 3, 2004 through September 30, 2005:

Nominee for Appointment Nominated By Seat No.

Barbara Bell-Spence The Homeless Coalition of 9 Palm Beach County, Inc.

SUMMARY: The Emergency Shelter Grants Program (ESGP) Advisory Board consists ofnine regular and two alternate members nominated by The Homeless Coalition of PalmBeach County, Inc. Advisory Board members, who must be residents of Palm Beach County,must also be non-conflict, meaning that the agencies they are employed by, or boardmembers of, will not be applying for ESGP funds during their term of office. Advisory Boardmembers serve two-year terms. The primary objective of the ESGP Advisory Board is tomake funding recommendations to the Board of County Commissioners (BCC) for theEmergency Shelter Grants Program. Countywide (TKF)

D. COMMUNITY SERVICES(Palm Beach County School Readiness Coalition)

1. APPOINTEDStaff recommends motion to appoint: the following At-Large Member to the Palm BeachCounty School Readiness Coalition’s Board of Directors.

Nominee Category Term

Commissioner Jeff Koons At Large 2/1/2004 – 2/1/2006

SUMMARY: The P.B.C. School Readiness Coalition, Inc. develops and administers acomprehensive school readiness program that prepares preschool children to succeed inschool and in life. The Board of Directors of the Coalition includes a strong and diverse setof representatives from a variety of child care agencies, health and family supportorganizations, colleges and universities, public and private funding entities, parents andmembers of the business community. The Board is composed of at least eighteen (18), butnot more than twenty-five (25) members and must include one member appointed by theBoard of County Commissioners. Edward L. Rich, Director of Community Services was theBCC’s representative on the Coalition. Based on the Coalition’s bylaws, Mr. Rich is noteligible for reappointment. Commissioner Jeff Koons has expressed an interest in filling thevacated seat for a two (2) year term effective February 1, 2004. Countywide (TKF)

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FEBRUARY 3, 2004


E. PUBLIC AFFAIRS

1. APPROVEDStaff recommends motion to approve: Appointment of three (3) at-large committeemembers to the Joint Committee to Increase County Government Efficiency to serve at thepleasure of the Board of County Commissioners, effective February 3, 2004.

Nominee Nominated By

James B. Hutchison Commissioner Jeff KoonsJohn Parsons Commissioner Tony MasilottiJohn Earley Commissioner Tony Masilotti

SUMMARY: The Joint Committee to Increase County Government Efficiency is composedof thirteen (13) individuals. One (1) member is a representative of the Palm Beach CountyCommission who is selected by the BCC and serves as the Chair. Commissioner MaryMcCarty is the BCC representative. The remaining twelve (12) members will serve at-largeand possess special expertise and experience in the operation and management of businessenterprises. In December, the following members, Scott Rhine, Maurice Rosenstock andGlen Schanel resigned. On December 19, 2003, a memo was sent to the BCC that requestednominations for the three (3) vacancies on this board. Commissioner Koons nominatedJames B. Hutchison and Commissioner Masilotti nominated John Parsons and John Earley. No other nominations were received. Countywide (DN)

F. COMMISSION DISTRICT APPOINTMENTS

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

43

FEBRUARY 3, 2004

7. MATTERS BY PUBLIC - 2:00 P.M.

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

44

FEBRUARY 3, 2004

8. STAFF COMMENTS

A. ADMINISTRATION COMMENTS

B. COUNTY ATTORNEY

45

FEBRUARY 3, 2004

9. COMMISSIONER COMMENTS

A. District 1 - KAREN T. MARCUS, CHAIR

B. District 2 - COMMISSIONER JEFF KOONS

C. District 3 - COMMISSIONER WARREN H. NEWELL

D. District 4 - COMMISSIONER MARY MCCARTY

E. District 5 - COMMISSIONER BURT AARONSON

F. District 6 - TONY MASILOTTI, VICE-CHAIRMAN

G. District 7 - COMMISSIONER ADDIE L. GREENE

10. 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."

February 3, 2004 - 9:00 a.m . BOARD OF COUNTY COMMISSIONERSBOARD MEETING

PALM BEACH COUNTY, FLORIDA

ADDITIONS, DELETIONS, & SUBSTITUTIONS

FEBRUARY 3, 2004

PAGE ITEM

9 3C-4 DELETED: a Financial Assistance Agreement, in the amount of $300,000, withthe City of Delray Beach (City) for Linton Boulevard from Military Trail toCongress Avenue, to install beautification in the form of irrigated landscapingby the City;... (Eng) (Further Staff Review) (Moved to March 16, 2004)

11 3C-15 REVISED TITLE: a Project Agreement for $29,063.51 $29,036.51 with Miller-Legg & Associates, Inc. (MLA) ... (Eng)

11 3C-16 DELETED: a Funding Agreement with the Loxahatchee Groves Water Control

District for construction of road improvements; and ... (Eng) (Further StaffReview) (Moved to February 24, 2004)

12 3C-20 DELETED: an Agreement with D.R. Horton, Inc., and Terracina HomeownersAssociation, Inc., to accept maintenance of the County-owned retention pondon Jog Road. (Eng) (Further Staff Review) (Moved to February 24, 2004)

13 3C-22 REVISED MOTION & SUMMARY: Staff recommends motion to:

A) approve a Maintenance Memorandum of Agreement (MOA) with the FloridaDepartment of Transportation (FDOT) providing for the County’s assumption ofmaintenance responsibility for landscaping and irrigation to be funded and installed byFDOT as elements of their on State Road 845 (Powerline Road) reconstruction projectfrom the Broward County Line to State Road 808 (Glades Road); and

B) adopt a Resolution authorizing the Chair (or Vice Chairman) to execute the MOAwith FDOT;. and

C) approve MOAs with four (4) homeowners’ associations (Boca Pointe, Boca DelMar, Pradera, and Estancia South) adjacent to the involved section of Powerline Roadto pass through the ongoing maintenance obligation for the landscaping and irrigationto those associations.

SUMMARY: FDOT had been working with property owners’ associations (POAs)adjacent to this section of Powerline Road to include the roadway landscaping andirrigation desired by those POAs in FDOT’s road rehabilitation project. After significantprogress had been made by FDOT in dealing directly with the POAs, FDOTdetermined that FDOT can only enter into such agreements with the local governmententity (not private entities) for the commitment to maintain those improvements.FDOT’s deadlines require the County to authorize its commitment today, in advanceof the County having its own related agreements with the POAs. Such agreementswhich provide for the POAs actual maintenance are currently being prepared, and willbe brought back to the Board in the near future. Where the County is unsuccessful inobtaining such an agreement with a POA by June 1, 2004, the MOA would no longerapply to those areas, although it is the intent that FDOT will install median landscapingand irrigation that conforms with the County’s OTIS (Only Trees, Irrigation and Sod)Program specifications on such portions of State Road 845. In the event, FDOTlandscaping and irrigation installed in such areas would be maintained by the County.FDOT will fund and install landscaping and irrigation as elements of this roadwayreconstruction project, but requires that the local government entity (not homeowners’associations) commit to maintain those improvements. ... Districts 4 & 5 (ME) (Eng)

13 3C-23 REVISED TITLE: Staff recommends motion to approve:

A) Change Order No. 15 in the amount of $1,483,911.10 together with 365 days ofcontract time to Contract No. R2001-2085 with Hubbard Construction Company forconstruction of Northlake Reliever from Military Trail to Garden Road; and

B) Budget Transfer of $1,483,912 in the Transportation Improvement Fund from RoadProgram Sweep Reserves -FY 2002 to Northlake (Reliever) - Military Trail to GardenRoad. (Eng)

19 3H-9 REVISED SUMMARY: This project consists of the design of an approximately 22,000square foot single story gymnasium to be located in John Price Park, Lake Worth. Thefacility will be designed to meet the accessibility and related requirements for thespecial population group that the facility is to serve. This project will be designed forconstruction in two (2) phases, to accommodate budgeting requirements. Phase I(15,890 sq. ft.) will include the gymnasium area, a concession and food preparationarea, storage area, chiller area, mechanical and electrical rooms, and other relatedadministrative and support spaces. Phase II (6, 110 sq.ft.) will include a raised stagearea, storage, a weight training room, a music room, a game room, a mechanicalroom, and locker room with toilet and shower facilities, which will be accessible to thefuture secondary pool which will be located adjacent to the site. Architectural serviceswill include the design, permitting and construction administration for both phases ofthe Special Olympics Gymnasium and Arts Center and associated site work. Theestimated building construction cost for Phase I is $2,383,000 plus site constructioncosts of $300,000. The estimated building construction cost for Phase II is $867,000plus site construction costs of $75,000. Total building construction and site costs forPhase I and Phase II is $3,625,000. A portion of the funds for Phase I ($1,100,000)are from Commissioner Aaronson's allocation in the Recreational and CulturalFacilities Bond Issue. The remaining funds are being raised by the ExecutiveCommittee of Special Olympics Palm Beach County, the local chapter of SpecialOlympics Florida. Special Olympics Florida has been given the naming rights inexchange for a certain amount of fundraising to be conducted by the local chapter.Commissioner Aaronson is the Chairman of the Executive Committee and has beeninstrumental in soliciting these funds from private individuals and groups. To date, theCommittee has received $512,000 with an additional $530,000 in pledges. Pursuantto this contract, MPA agrees to an overall SBE participation of 65.8%. This facility willmeet all applicable costs, laws and ordinances including accessibility requirements ofADA. (Capital Improvements Division) Countywide 3 (JM) (FD&O)

25 3M-6 DELETED: Bulk Cable Television Service Agreement with Adelphia Cablevision ofWest Palm Beach IV, L.L.C., d/b/a Adelphia Cable Communications (Adelphia), in anamount not-to-exceed $18,855 per year for five years for a total of $94,275 forcontinued cable television service to the South Bay Campground for the periodFebruary 3, 2004 through January 31, 2009. (Parks) (Waiting on signatures)

31 4I ADD-ON: Proclamation declaring Saturday, February 14, 2004 as “BusinessOpportunity Day” in Palm Beach County. (Sponsored by Commissioner Greene)

32 5A-2 ADD-ON: TIME CERTAIN 11:45 A.M.

Staff recommends motion to adopt: a Resolution providing for intent to procureballot printers. SUMMARY: This resolution formalizes the Board's commitment toprocure ballot printers. (Admin)

32 5A-3 ADD-ON & WAITING FOR BACKUP: TIME CERTAIN 2:15 P.M.

Staff recommends motion to:

A) Conceptually approve terms of the Grant Agreement with the Scripps Research Institute(Scripps) including 1) Permanent Facilities Development Addendum, 2) Temporary FacilityFunding Agreement, and 3) Ground Lease Agreement;

B) Authorize the Chair of the Board of County Commissioners to execute the final GrantAgreement in accordance with the conceptual terms approved by the BCC; and

C) Authorize the County Administrator or designee to sign the Ground Lease Agreement inaccordance with the terms of the Grant Agreement with Scripps.

SUMMARY: The Grant Agreement establishes the partnership with The Scripps ResearchInstitute which will result in Scripps locating its Florida operational base (Scripps Florida) andcreating new jobs in Palm Beach County. The Grant Agreement sets forth the responsibilitiesof both parties as summarized below. Attached to the Grant Agreement are:

a. Permanent Facilities Development Addendum which details Scripps’ responsibility toconstruct, at County expense, Scripps’ research and administration buildings. County willalso purchase the additional Mecca property for the creation of a biotechnical research park,and provide the infrastructure that will allow development of Scripps’ parcel and the park.

b. Temporary Facility Funding Agreement with Scripps and Florida Atlantic University (FAU)which describes the temporary facility in Jupiter that the County will fund and FAU willconstruct as Scripps’ temporary location. Under this agreement, FAU will retain ownership ofthe facilities for their own use after Scripps occupies its permanent facilities and FAU willrepay the County $10M.

c. Ground Lease Agreement which describes the leasehold relationship with Scripps until thefuture date which ownership of the land on which Scripps’ facilities lie is transferred to Scrippsafter it has fulfilled its obligations under the Grant Agreement.

Key provisions of the Grant Agreement include:

1. County will purchase the Mecca property or a suitable alternative site for development ofa biotechnical research park, and designate a 100-acre parcel for Scripps’ sole use and atleast 400 acres designated for related biotechnical research and related educational activities.County will provide all required infrastructure for the site on a schedule that facilitates Scripp’smeeting its schedule for occupying permanent facilities under its State Agreement, includingobtaining all required development approvals.

2. County will pay Scripps up to $137 million to construct 44,000 square feet of administrativespace and 320,000 square feet of biomedical and scientific research space necessary tosupport a state of the art facility. The space figures are subject to a 5% adjustment followingvalue engineering by Scripps’ engineers. Scripps will own the constructed facilities and leasethe 100 acres on which they are built for $1 per year. After Scripps has occupied andoperated the facilities for their intended purpose for 30 years in compliance with theAgreement, they will be deeded the 100 acres for $1.00.

3. Scripps will locate its primary Florida base of operations in Palm Beach County and willcreate a minimum of 545 new jobs within a seven year period. The average annual salaryof these jobs will be above the then current per capita income for Palm Beach County.Scripps will work collaboratively with the County in fostering economic development within theCounty within the biomedical and biotechnology industry. Scripps will strive to create 2777new Scripps jobs and/or a total of 6500 Scripps and related employer biotechnical new jobsin the County. If this goal is reached before the end of the 30-year term of this agreementand maintained for 2 years, County will transfer ownership of the Scripps’100 acre parcel.

4. Scripps will use reasonable efforts to give hiring preference for its new jobs to Palm BeachCounty residents. Scripps also will use a competitive process for the selection of its designprofessionals, contractors and consultants, including achieving the County’s SBE and localpreference goals or using good faith efforts to meet same.

5. Within 30 days of the effective date of this agreement, County will make available $15million in proceeds from a Bond Anticipation Note. County will pay for the land purchase,construction and site infrastructure cost through timely issuance of revenue bonds. CONT’D

32 5A-3 ADD-ON: TIME CERTAIN 2:15 P.M.CONTINUED

6. Scripps will maintain at least 70% of its Florida employees in Palm Beach County throughthe 30-year term of this agreement.

7. Scripps has not agreed to the use of any of its trademarked names or logos in the nameof the park, but has no objection to using the name Scripps in and of itself nor in our referringin marketing material to them by their trademarked name as future and anchor tenants.

8. The Board can enforce their interests in the agreement in a number of ways. The Scrippsproperty will be deed restricted for biomedical research, scientific and educational use. IfScripps is in material default, i.e., they fail to construct the facility under the agreement or ifthey leave Palm Beach County and close their operation here, County may terminate theagreement, take possession of all facilities and exercise any other legal remedy. In the eventof a general default, i.e., Scripps’ failure to abide by any of the terms of the agreement,County may terminate the agreement following a reasonable period of cure and mediation ifnecessary. Even after the underlying property is deeded to Scripps, there are reverter clausesin the deed if Scripps no longer uses the facilities for their primary biomedical and sciencemission.

9. Scripps has agreed to require that their contractor post a payment and performance bondnaming the County as additional insured.

10. Scripps is required under the terms of this agreement to establish an internship programfor high school students and a training program for middle and high school teachers.

11. The County has agreed to special provisions to expedite reimbursements of Scrippsmonthly design and construction invoices. County will pay Scripps by wire transfers within tendays of receipt of invoice following review by County Representative. The Clerk’s office hasagreed to this provision, and will work with County and Scripps to develop a suitable formatand content of the invoices.

12. The County has agreed to apply for the DRI Development Order, Comprehensive LandUse Amendment, rezoning FDEP and federal wetland permits (if required) by June 1, 2004.This time frame is achievable but will require diligent effort by County staff. Thecomprehensive plan amendment will include application necessary to extend PGA Boulevardand all required concurrency applications.

13. The agreement requires the County to continue its best efforts to enter into a JointPlanning Agreement with the City of Palm Beach Gardens.

14. The County is agreeing to deliver Scripps’ 100 - acre parcel in cleared and gradedcondition, free of environmental contamination that would restrict their ability to construct theirfacilities without delay. (ADMIN)

32 5A-4 ADD-ON: TIME CERTAIN 2:15 P.M.

Staff recommends motion to approve:

A) an Assignment and Modification of Contract for Sale and Purchase between the BusinessDevelopment Board, Palm Beach County and Lantana Farm Associates; and

B) an Escrow Agreement between Palm Beach County, Lantana Farm Associates andDorothy H. Wilken, Clerk of the Board of County Commissioners.

SUMMARY: The Business Development Board ("BDB") entered into a Contract to purchasethe 1920 acre Mecca Property from Lantana Farm Associates ("Mecca") for $60,000,000 forThe Scripps Research Institute and associated development. This Assignment andModification assigns BDB's interest in the Contract to the County and modifies certain termsthereof. The Contract contains a 120-day Inspection Period which expires February 7, 2004and also provides the County 2 years in which to obtain all required development approvalswith closing to occur 60 days after receipt of development approvals. It is anticipated that theCounty will obtain all required development approvals in September 2004, but the Countywould like to gain access to the Property prior thereto in order to commence developmentnecessary to meet Scripps' occupancy requirement. While the Contract permitted the BDBto waive the governmental approvals contingency and close early, this will impact the existingcitrus and mining activities conducted by Mecca on the Property, as well as cause substantialtax consequences for Mecca. In order to avoid a dispute with Mecca which could delay theCounty's ability to gain access to the site, Staff negotiated the following terms, which arereflected in the Assignment:

1. Mecca will consent to the Assignment from BDB to the County;2. The County will reimburse BDB $100,000 for the Deposit paid by BDB;3. If the County desires access to the Property prior to December 15, 2004, the County willhave the right to close in escrow on the date determined by the County, with all funds anddocuments held by the Clerk, and thereafter have full and complete control of the Property.The closing funds and documents will be released from escrow on December 30, 2004;4. Mecca will have the right to continue mining up to 20 acres of property until release fromescrow and final closing;5. Mecca will continue to have the right of first refusal to purchase and develop a residentialpod of up to 200 units, as provided in the letter agreement between BDB and Mecca;6. The County will pay Mecca $500,000 in consideration for allowing the County early accessto the Property, terminating their citrus operations immediately and continuing to mine untilDecember 30, 2004.

Staff is currently projecting an escrow closing in June or July of this year which will be priorto obtaining development approvals. All due diligence has been completed and Staff iscomfortable with the results. Upon expiration of the Inspection Period on February 7, 2004,the County will be obligated to close unless we are unable to obtain development approvals.At the escrow closing, the bonds will be funded, all contingencies will be waived, and theCounty will have the right to commence development. The risk is that the County does notultimately receive the required development approvals. Complete details of the Contract,Assignment and Escrow Agreement, as well as the results of due diligence, are set forth inthe Background and Policy Issues section.Staff obtained two appraisals of the Property indicating values of $54,000,000 and$46,500,000, respectively. (FD&O/PREM) Countywide (HJF) (Admin)

37 6B-1 REVISED TITLE: Staff recommends motion to reappoint: one at-large member (Seat 9)for a two-year term, January 1, 2004 through December 31, 2005, to the Okeeheelee ParkCitizens Advisory Committee.

Nominee Seat No. Nominated By:Reappoint:

Peggy Kovacs 9 (At Large) Commissioner Karen MarcusCommissioner Jeff Koons Commissioner Addie L. GreeneCommissioner Tony Masilotti

(Parks)

*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 · 2018-10-23 · 4F Certificate of Appreciation to George Go atley for heroism and bravery for saving a child’s life