August 13, 2013 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
AUGUST 13, 2013
PAGE ITEM
7 2C-3 REVISED
TITLE: Proclamation declaring August 2013 as “The Professional Firefighters/Paramedics
of Palm Beach County Fire Rescue and IAFF, Local 2928 and Palm
Beach County Fire Rescue Firefighter Appreciation Month” in Palm Beach
County. (Sponsored by Vice Mayor Taylor)
8 3B-5 REVISED
TITLE: Staff recommends motion to approve: list of errors, insolvencies, double assessments, discounts & value
adjustment board reductions on the 2011
and 2012 assessment roll. (Clerk)
41a 5F-1 ADD ON: Staff requests direction regarding FY 2014 funding for the Office
of Inspector General (OIG). Summary:
The proposed FY 2014 budget submitted by the Inspector General is $3.7
million. This budget includes 40
positions, of which 23 are currently filled.
The funding source for this budget is the County, Children Services
Council, Solid Waste Authority, and municipalities.
The proposed FY 2014 budget assumes municipalities would fund $1.5 million of
the total budget. As a result of the law
suit brought by the municipalities regarding the OIG funding, it is unlikely
that there will be any resolution that would provide the OIG with any
significant municipal funding during FY 2014. Additionally, the Health Care
District cancelled their agreement resulting in a loss of revenue of
$298,000. If the OIG budget was reduced
to only fund the currently filled positions (23), the total budget would be
$2.75 million. To maintain staffing at
the existing level, an additional $687,000 would be required from the County’s
General Fund. No funds are currently
available in the FY 2014 budget at this time.
If the Board chooses to fund this request, amendments to the FY 2014
proposed budget will be included in the 1st Public Hearing scheduled
for September 9th. These
amendments would increase the funding contribution from the County and reduce
the overall budget to reflect only the 23 filled positions. Should the Board take this action, the 17
currently vacant positions will be reinstated once the municipal funding is implemented. Without
the additional funding from the County, the Inspector General will need to
layoff six (6) employees by September 27th and another three (3) by
December 27th. Countywide
(LB) (Inspector General/Admin)
44 8B* ADD-ON:
Request Board approval to present off-site, a Proclamation declaring August 26,
2013 as “Women’s Equality Day” in Palm Beach County. (Sponsored by Commissioner
Burdick)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
AUGUST 13, 2013
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 7)
3. CONSENT
AGENDA (Pages 8 - 37)
4. PUBLIC HEARINGS - 9:30 A.M. (Page 38)
5. REGULAR
AGENDA (Pages 39 - 41)
6. BOARD
APPOINTMENTS (Page 42)
7. STAFF
COMMENTS (Page 43)
8. COMMISSIONER
COMMENTS (Page 44)
9. ADJOURNMENT (Page 44)
* * * * * * * * * * *
AUGUST 13, 2013
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 Certificate of Appreciation to Dorritt Miller
2C-2 Palm Beach Partners Business Matchmaker
Conference & Expo Day
2C-3 Professional
Firefighters/Paramedics of Palm Beach County IAFF, Local 2928 and Palm Beach
County Fire Rescue Firefighter Appreciation Month
2C-4 Florida Water Professionals Week
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Phase 2 installation and maintenance of 40
“cobra head” streetlights within Plantation CCRT area
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 List of errors, insolvencies, double
assessments, discounts & value adjustment board reductions on the 2012
assessment roll
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Warranty Deed and two ROW Easement Deeds from
Palm Beach Mall Holdings, LLC providing PBC with additional right-of-way on
west side of Congress Avenue
3C-2 Change Order No. 3 with J.W. Cheatham, LLC relative
to retaining wall for the Jog Road project
3C-3 Specific Purpose Survey Maintenance Map
certifying that a portion of Hairland Drive has been maintained by the County
Page 10
3C-4 Consent to Assignment
of annual structural engineering services agreement to Stantec Consulting
Services, Inc.
3C-5 Novation Agreement with E.C. Driver &
Associates, Inc. and URS Corporation Southern allowing EDC to transfer to URS
several project design contracts
3C-6 Work Task Order with Bridge Design
Associates, Inc. for professional services relating to Ellison Wilson Road
project
3C-7 Work Task Order with Bridge Design
Associates, Inc. for professional services relating to the Purdy Lane project
D. COUNTY ATTORNEY
Page 10
3D-1 Deleted
3D-2 Official transcript for closing of Florida
Bond Anticipation Notes (CCRC Pre-Development project)
Page 11
3D-3 Contract
with Clarke & Platt, P.A. to provide workers’ compensation litigation
defense services
3D-4 Settlement
in eminent domain action styled PBC v. Ascot AG Land, LLC
E. COMMUNITY SERVICES
Page 11
3E-1 Amendment No. 1 with The Center for Family
Services of Palm Beach County, Inc. for the Traveler’s Aid Program
AUGUST 13, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 12
3F-1 Reimbursable
Agreement with Federal Aviation Administration for a Siting Study to relocate
the Remote Receiver Site at PBIA
3F-2 Utility
Easement Agreement with FPL for electric utilities to serve the NetJets
Aviation, Inc. facility at PBIA
3F-3 License
Agreement with Workforce Alliance, Inc. for storage of furniture and equipment
at Building 1169 at PBIA
Page 13
3F-4 Agreement
with Florida Airports Council for Department of Airports to host 46th
Annual FAC Conference & Exposition
3F-5 Contract
with Rio-Bak Corporation for Wetland Wildlife Hazard Mitigation at North Palm
Beach County General Aviation Airport
Page 14
3F-6 Amendment
No. 9 with Ricondo & Associates, Inc. for continued professional planning
and design services related to the Airports Capital Improvement Program
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 15
3G-1 Resolution authorizing the issuance of Public
Improvement Revenue Bonds (Max Planck project)
3G-2 Order
the 2013 tax roll be extended prior to completion of Value Adjustment Board
hearings
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 16
3H-1 Second extension of Concessionaire Services
Agreement with DH2, Inc. for operation of food and beverage services at Osprey
Point Golf Course
3H-2 Second
Amendment with City of West Palm Beach relating to County’s 800 MHz radio
system
Page 17
3H-3 Second
Amendment with Village of Palm Springs relating to County’s 800 MHz radio
system
3H-4 Interlocal
Agreement with Hendry County relating to County’s 800 MHz radio system
3H-5 Interlocal
Agreement with Town of Palm Beach relating to County’s Public Safety radio
system
Page 18
3H-6 Interlocal
Agreement with Town of Juno Beach relating to County’s Public Safety radio
system
3H-7 Third
Amendment with Tenet St. Mary’s, Inc. relating to County’s 800 MHz radio system
Page 19
3H-8 Third Amendment with Boca Raton Regional
Hospital, Inc. relating to County’s 800 MHz radio system
3H-9 Second
Amendment with Port of Palm Beach relating to County’s 800 MHz radio system
Page 20
3H-10 Concessionaire Service Agreement with
Hawkhaven, LLC for operation of food, beverage, and sundry items at Carlin Park
3H-11 Amendment No. 2 with The Weitz Company, LLC
relating to recreation yard improvements at the West Detention Center
3H-12 Contract with Cedars Electro-Mechanical, Inc.
for removal/replacement of two cooling towers at the Convention Center
Page 21
3H-13 Property Review Committee
reappointment/appointment
I. ECONOMIC SUSTAINABILITY
Page 21
3I-1 Amendment
No. 1 with Children’s Case Management Organization, Inc. for emergency shelter
services
Page 22
3I-2 Increase
funding for the WUD Digester Biogas Combined Heat and Power Renewable Energy
project
AUGUST 13, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
J. PLANNING, ZONING & BUILDING
Page 22
3J-1 Construction
Industry Licensing Board appointment
Page 23
3J-2 Building
Code Advisory Board appointment
K. WATER UTILITIES
Page 23
3K-1 Release
of Utility Easement in the Lake Worth Drainage District
3K-2 Consultant Services Authorization No. 9 with
Keshavarz & Associates, Inc. for the Southwest Belle Glade Water Main
Replacement project
Page 24
3K-3 Receive
and file two Indemnification Agreements
3K-4 Budget
Amendments/Transfers relating to funding the Disaster Recovery Initiative
projects
Page 25
3K-5 Contract with
Southeast Drilling Services, Inc. for WTP No. 8 well replacement and
rehabilitation
3K-6 Contract with
Florida Design Contractors, Inc. for construction of eight new surficial
production wells for WTPs 2, 3 and 8
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 26
3L-1 Initial
management plan for Cypress Creek Natural Area
3L-2 Amendment with PBA Holdings, Inc. revising
implementation schedule for restoration of a 2.87 acre parcel of property to be
used as a portion of a wildlife corridor
3L-3 Indemnification
Agreement with SLV Capistara, LLC relating to a littoral shelf
Page 27
3L-4 Amendment
No. 7 with FDEP for the Seagrass Survey project
Page 28
3L-5 Access Easement
and Release of Easement Agreement with SFWMD and Martin County through Cypress
Creek Natural Area
3L-6 Groundwater & Natural Resources
Protection Board reappointment
M. PARKS & RECREATION
Page 29
3M-1 First
Amendment with City of Lake Worth relating to Lake Worth Beach Redevelopment
project
3M-2 Interlocal
Agreement with Town of Mangonia Park for improvements to the Town’s Community
Center and Senior Center
3M-3 Receive and file one Sound & Light
Production Services Contractor Agreement
Page 30
3M-4 Receive and file one Amphitheater Rental
Agreement
N. LIBRARY
Page 30
3N-1 County
Library’s Long-Range Plan for FY 2014-2016
P. COOPERATIVE EXTENSION SERVICE
Page 31
3P-1 Agreement with Palm Beach Soil and Water
Conservation District for soil and water resource conservation services
Q. CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 Interlocal Agreement with Palm Beach
Sheriff’s Office relating to equipment and capital outlay to support the
Juvenile Assessment Center
R. HUMAN RESOURCES - None
AUGUST 13, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 31
3S-1 Certify non-ad valorem assessment
roll for Fire Hydrant Maintenance and Rental for Riviera Beach and Boca
Raton
Page 32
3S-2 Receive and file one License Agreement with
City of Palm Beach Gardens for training at PBC Fire Rescue Regional Training
Center
3S-3 Termination of Professional Services Agreement
(PSA) with Hope Health & Wellness, Inc. and approval of PSA with Palm Beach
County Firefighters Employee Benefits Fund
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 33
3U-1 Amendment to Microsoft Enterprise Agreement
with SHI International Corporation increasing user licenses
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 33
3X-1 Grant Award Letter and Agreement with
Florida Division of Emergency Management relating to the Community Emergency
Response Team program
3X-2 First Amendment with City of Miramar
relating to UASI funding for Jurisdictional, Citizen Corps, and WebEOC projects
Page 34
3X-3 Standard
contract templates relating to purchase of EMS equipment
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. INTERNAL AUDITOR
Page 34
3BB-1 Receive and file four audit reports
Page 35
3BB-2 Receive and file annual performance appraisals for County Internal
Auditor
CC. SHERIFF
Page 35
3CC-1
Amendment to extend Ft. Lauderdale Area Urban Security Initiative agreement for
Regional Virtual Fusion Center
3CC-2
Budget Transfer from Law Enforcement Trust Fund
Page 36
3CC-3
Grant Modification to extend Miami Urban Area Security Initiative for Regional
Virtual Fusion Center analysts
3CC-4
Amendment to extend Ft. Lauderdale Urban Area Security Initiative for Collabria
System and TI Training Corp Lab
3CC-5
Amendment to extend Ft. Lauderdale Urban Area Security Initiative for various
domestic security activities
AUGUST 13, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. SHERIFF
Page 36
3CC-6 Grant Modification amending COPS
Hiring Program grant with U.S. Department of Justice
Page 37
3CC-7
Grant Adjustment Notice amending Smart FY 2010 Comprehensive Approaches to Sex
Offender Management grant with U.S. Department of Justice
PUBLIC HEARINGS – 9:30 A.M.
Page 38
4A Palm Tran fare increase
REGULAR AGENDA
ADMINISTRATION
Page 39
5A-1 Resolution requesting aggressive flood
control improvement efforts from South Florida Water Management District and
U.S. Army Corps of Engineers
COMMUNITY SERVICES
Page 39
5B-1 Agreement with Friends of Community
Services, Inc. to enhance, compliment and/or provide support for resources and
service capacity of the Department of Community Services
ECONOMIC SUSTAINABILITY
Page 40
5C-1 Servicer Participation Agreement with Florida
Housing Finance Corporation for participation in the Unemployment Mortgage
Assistance Program and the Mortgage Loan Reinstatement Program
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 41
5D-1 Interlocal Agreement with Town of Palm Beach
to cost share on the Environmental Impact Statement required for proposed
erosion control projects
PLANNING, ZONING & BUILDING
Page 41
5E-1 Resolution establishing a Contractor
Enrollment Agreement
BOARD APPOINTMENTS (Page 42)
STAFF COMMENTS (Page 43)
COMMISSIONER
COMMENTS (Page 44)
ADJOURNMENT (Page 44)
AUGUST 13, 2013
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Certificate
of Appreciation to Dorritt Miller. (Sponsored by Commissioner Vana)
2. Proclamation declaring September 20,
2013 as “Palm Beach Partners Business Matchmaker Conference & Expo Day” in
Palm Beach County. (Sponsored by Mayor Abrams)
3. REVISED TITLE:
Proclamation declaring August 2013 as “The Professional
Firefighters/Paramedics of Palm Beach County Fire Rescue and IAFF,
Local 2928 and Palm Beach County Fire Rescue Firefighter Appreciation
Month” in Palm Beach County. (Sponsored by Vice Mayor Taylor)
4. Proclamation
declaring August 19 – 23, 2013 as “Florida Water Professionals Week” in Palm
Beach County. (Sponsored by Commissioner Berger)
* * * * * * * * * * * *
AUGUST 13, 2013
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) expenditure of
$240,000 to complete Phase 2 of the installation and 20 years maintenance
of 40 “cobra head” streetlights within the Plantation Countywide Community
Revitalization Team (CCRT) area;
B) Budget Transfer
of $240,000 in the Capital Outlay Fund from the CCRT Street Lighting Project
account to establish a transfer of $160,000 to the CCRT Street Lighting
Maintenance Fund and $80,000 to the Plantation Street Lighting Project to fund
the installation of this project including necessary tree trimming; and
C) Budget Amendment
of $160,000 in the CCRT Street Lighting Maintenance Fund to recognize and
appropriate the transfer from the Capital Outlay Fund.
SUMMARY: The Plantation
street lighting project was initiated by members of the Plantation neighborhood
group. The total amount of funding required for Phase 2 of this project
is $240,000. Based on review by the Palm Beach County Sheriffs’ Office
and the Office of Community Revitalization staff, it was determined that the
installation of these streetlights would help reduce crime, enhance pedestrian
safety and facilitate safer vehicular movement. District 2 (AH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department; Environmental
Resources Management Department; and the Department of Airports during February
2013. Countywide
5. REVISED TITLE:
Staff
recommends motion to approve: list of errors, insolvencies, double assessments, discounts & value
adjustment board reductions on the 2011
and 2012 assessment
roll. SUMMARY: Section 197.492,
F.S. requires that on or before the 60th day after the tax certificate
sale, the Tax Collector shall make out a report to the Board of County
Commissioners, separately showing the discounts, errors and double assessments
and insolvencies for which credit is to be given, including in every case
except discounts, the names of the parties on whose account the credit is to be
allowed. The Board of County
Commissioners, upon receiving the report, shall examine it; make such
investigations as may be necessary; and, if the board discovers that the Tax
Collector has taken credit as an insolvent item any personal property tax due
by a solvent taxpayer, charge the amount of taxes represented by such item to
the Tax Collector and not approve the report until the Tax Collector strikes
such item from record. Countywide (PFK)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) accept a warranty deed and two right-of way easement deeds for right-of-way from Palm Beach Mall Holdings, LLC (Palm Beach Holdings) on three parcels of land located on the west side of Congress Avenue, and north of Palm Beach Lakes Boulevard;
B) approve a subordination of utility interests and an agreement for reimbursement for additional facility relocations (Subordination Agreement) with Florida Power and Light Company (FPL) on a parcel of land known as parcel 101; and
C) approve a subordination of utility interests and an agreement for reimbursement for additional facility relocations (Subordination Agreement) with Bell South Telecommunications, LLC d/b/a AT&T (Bell South) on two parcels of land known as parcel 101 and parcel 201.
SUMMARY: Acceptance of the warranty deed and two right-of-way easement deeds from Palm Beach Holdings will provide Palm Beach County with additional right-of-way for roadway purposes on the west side of Congress Avenue, north of Palm Beach Lakes Boulevard. Approval of the two Subordination Agreements will release the FPL utility easement interest on parcel 101 and release the Bell South utility easement interests on parcel 101 and parcel 201. District 7 (MRE)
2. Staff recommends motion to approve: Change Order No. 3 in the amount of $38,916 and a 60 day time extension with J.W. Cheatham, LLC for the Jog Road from north of SR-710 to north of Florida’s Turnpike project, R2012-1077. SUMMARY: Approval of Change Order No. 3 will compensate for costs and delays associated with revisions to the plan elevations of the retaining wall at the project site. Change order no. 3 is being brought to the Board of County Commissioners because it exceeds the individual change order threshold referenced in PPM-CW-F-50. District 1 (MRE)
3. Staff recommends motion to adopt: a Resolution to approve recordation and filing of a Specific Purpose Survey Maintenance Map with the Clerk of the Circuit Court (Clerk) of and for Palm Beach County (County) Florida certifying that a portion of Hairland Drive in Section 12, Township 44 South, Range 42 East, has been maintained or repaired, continuously and uninterrupted, by the County for over four years and all rights, title, easement appurtenances in and to the road are therefore vested in the County. SUMMARY: Adoption of this Resolution will establish and confirm title of Hairland Drive in Section 12, Township 44 South, Range 42 East, to the County in accordance with Section 95.361, Florida Statutes, which provides that upon four years of continuous and uninterrupted maintenance or repair of the road by the County and upon filing of a map with the Clerk, the title to the road becomes vested in the County for the extent in width that has been actually maintained. The Road and Bridge Division director has certified, on the cover of the Hairland Drive Specific Purpose Survey Maintenance Map, that it depicts the limits of maintenance by the County. District 2 (MRE)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends motion to approve: a Consent to Assignment of the annual agreement R2008-0161, for structural engineering services on a work task order basis from Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to Stantec Consulting Services, Inc. (Stantec). SUMMARY: On February 5, 2008, the Board of County Commissioners approved the annual agreement R2008-0161 with C3TS for structural engineering services on a work task order basis. On November 30, 2012, Stantec acquired the assets of C3TS. C3TS has consented to assign their agreement to Stantec for the completion of an active work task order. Countywide (MRE)
5. Staff recommends motion to approve: a Novation Agreement with E.C. Driver & Associates, Inc. (ECD) and URS Corporation Southern (URS). SUMMARY: Approval of this Novation Agreement will allow ECD to transfer to URS the following contracts which were awarded to ECD by Palm Beach County (County): Phase I of Seminole Pratt Whitney Road from Orange Boulevard to Northlake Boulevard Agreement, dated May 21, 2002, R2002-0736; Ocean Avenue (Lantana) Bridge over the Intracoastal Waterway Agreement, dated January 15, 2008, R2008-0017; and Ocean Avenue Bridge over the Intracoastal Waterway (CEI) Agreement, dated November 15, 2011, R2011-1736. ECD and URS are wholly-owned subsidiaries of URS Corporation. ECD intends to formally dissolve, and is requesting that the above referenced contracts be transferred to URS for completion of work. Districts 4 & 6 (MRE)
6. Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2011-0174 in the amount of $176,668.11 with Bridge Design Associates, Inc. (BDA), for professional services for the Ellison Wilson Road from south of Juno Isles Boulevard to north of Ascot Road project (Project). SUMMARY: Approval of this Work Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. BDA is a Palm Beach County company. The Small Business Enterprise (SBE) goal for the Project is 15%. BDA has committed to a 63.44% SBE participation for this Project and has achieved 73.07% overall under this Annual Agreement R2011-0174. District 1 (MRE)
7. Staff recommends motion to approve: a Work Task Order to the Annual Agreement R2011-0174 in the amount of $156,467.25 with Bridge Design Associates, Inc. (BDA) for professional services for the Purdy Lane from Forest Hill Elementary to east of Major Drive project (Project). SUMMARY: Approval of this Work Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. BDA is a Palm Beach County company. The Small Business Enterprise (SBE) goal for the Project is 15%. BDA has committed to a 66.58% SBE participation for this Project, and has achieved 73.07% overall under this Annual Agreement R2011-0174. District 2 (MRE)
D. COUNTY
ATTORNEY
1. DELETED
2. Staff recommends
motion to receive and file: the
official transcript for the closing of the $2,900,000 Palm Beach County,
Florida Bond Anticipation Notes, Series 2013, (CCRC Pre-Development Project)
(the “Bonds”). SUMMARY: The official transcript for the Bonds has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends motion to approve: a Contract with the law firm of Clarke & Platt, P.A. to provide workers’ compensation litigation defense services for Palm Beach County, Palm Tran, Inc., and Constitutional Officers participating in the County’s Self Insurance Program for a period of five years from October 1, 2013 at an annual fixed amount of $477,400, plus reasonable costs and expenses not to exceed four percent of the total fees ($19,096 per fiscal year). Payments shall be made in four equal installments (December 31, March 31, June 30 and September 30 of each fiscal year). SUMMARY: The law firm of Clarke & Platt, P.A. has provided workers’ compensation litigation defense services to Palm Beach County, Palm Tran, Inc., and a number of Constitutional Officers. Their current Contract expires on September 30, 2013. After a competitive selection process in which proposals ranged from $400,000 to $1,600,000, staff recommends the contract be awarded to Clarke & Platt, P.A. and that they continue to provide workers’ compensation litigation defense services beginning October 1, 2013. Countywide (AJM)
4. Staff
recommends motion to approve: a settlement in the amount of $254,000,
including attorney’s fees and costs of the property owner and the damage
portion of the lessee’s claim, in the eminent domain action styled Palm
Beach County v. Ascot AG Land, LLC, Case No. 502012CA003652XXXXMB, for the
taking of parcel 113, owned by Ascot AG Land, LLC. SUMMARY: This case involves the condemnation of a single parcel of land, parcel
113, in Delray Beach, Florida, owned by Ascot AG Land, LLC (“Ascot”). A large portion of this parcel was leased to
Robert Howard for use as a nursery. Subject to the County’s resolution of the
damage claims of Robert Howard, Ascot has accepted the County’s initial good
faith offer in the amount of $182,000, plus $10,000 for attorney’s fees that are
included in this settlement. This settlement includes and limits Robert
Howard’s damages to $62,000. If this
settlement in the amount of $254,000 is approved, it would resolve the
outstanding claims, including costs and attorney’s fees of the property owner,
Ascot, and the damage portion of Robert Howard’s claim. If this settlement is
approved, the only claims that would remain open are Robert Howard’s claims for
attorney’s fees and costs that are being contested by the County. District 5
(PM)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No. 01 to Contract for Provision
of Financial Assistance with The Center for Family Services of Palm Beach
County, Inc. (R2012-1511) for the period October 1, 2012, through September 30,
2013, increasing funding by $23,489 for transportation of homeless individuals to
their home state. Summary: The Center for Family Services of Palm Beach County, Inc. has requested
additional funds for the Traveler’s Aid program. This program is currently funded at $48,917
and will be increased to $72,406. The
new total contract amount is not to exceed $181,243. Funding under this
Amendment will be used for non-refundable bus tickets to transport homeless
individuals to locations where permanent housing has been arranged, as well as case
management services, and administrative expenses. The County’s Homeless Outreach Teams and the Senator Philip D. Lewis Center, under
the direction of the Division of Human Services, coordinate with the agency to
make sure all individuals who qualify receive this emergency assistance. The
funding for this amendment is from unused allocated Financially Assisted
Agencies funds. Countywide (TKF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to:
A)
approve a Reimbursable Agreement (AJW-FN-ESA-13-7177) with the Federal Aviation
Administration (FAA) in the amount of $22,714 for a Siting Study to relocate
the Remote Receiver Site at Palm Beach International Airport (PBIA);
B)
request the Clerk to make an advance payment of $22,714 to the FAA in accordance
with the requirements of the Reimbursable Agreement;
C)
approve a Budget Transfer
of $22,714 in the Airport Passenger Facility Charge (PFC) Fund to transfer PFC
funds to the Airport Improvement and Development Fund, including a transfer
from PFC Reserves; and
D)
approve a Budget Amendment of $22,714 in the Airport Improvement and Development
Fund to provide funding for the Siting Study to Relocate the Remote Receiver
Site at PBIA.
SUMMARY: The Palm Beach County Department of
Airports would like to relocate the existing FAA-owned Remote Receiver facility
at PBIA. The Remote Receiver is part of
a communication facility on the Airport that provides ground-to-ground and
air-to-ground communications capabilities between aircraft and air traffic
control personnel. Therefore, the County
has requested that the FAA perform a preliminary design/siting study to
determine the requirements and costs associated with relocating the Remote
Receiver. This agreement provides funds
for the FAA to perform this study.
Funding sources consist of Passenger Facility Charge funds. Countywide (AH)
2. Staff recommends
motion to approve: Utility Easement Agreement with Florida Power &
Light Company (FPL) for electric utilities to service the NetJets Aviation, Inc. (NetJets) facility at the Palm Beach
International Airport (PBIA). SUMMARY: FPL requires an easement to provide electric
utility services to the newly-constructed NetJets facility at PBIA, on
Belvedere Road at Country Club Drive. The easement will connect to an existing
utility easement on PBIA. Countywide (HJF)
3. Staff recommends
motion to receive and file: License Agreement (Agreement) with Workforce
Alliance, Inc. (Workforce) commencing June 18, 2013 and expiring September 30,
2013, for the storage of furniture and equipment within a portion of Building
1169 at Palm Beach International Airport (PBIA), for payment of a license fee
in the amount of $750 per month. SUMMARY:
Delegation of authority for execution of the standard license agreement was
approved by the Board in R2007-2070. This Agreement provides for the use of
approximately 1,500 square feet storage space within PBIA Building 1169, for
use solely for the storage of furniture and equipment. The Agreement will automatically renew
month-to-month beginning October 1, provided that no renewal shall extend
beyond May 30, 2014. Workforce may add
overflow storage space at the rate of $50 per month for each 100 square feet of
overflow storage space. Workforce will
store furniture and equipment in Building 1169 until construction is completed
at PBIA Building 3400, which is estimated to be approximately January 1, 2014. Countywide (AH)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to approve: an Agreement
with the Florida Airports Council (FAC) for Palm Beach County Department of
Airports to host the 46th Annual FAC Conference and Exposition in 2015 at The
Breakers Hotel. SUMMARY: The FAC has
selected The Breakers Hotel in Palm Beach as the location for the 46th Annual FAC
Conference and Exposition beginning Sunday, July 26, 2015 until Wednesday, July
29, 2015. This annual event draws an
estimated 650+ participants, including FAC members, nationally recognized
speakers, corporate sponsors and aviation industry exhibitors for the largest
single-state aviation conference in the nation. Expected attendees include federal and state
leaders as well as industry professionals who will discuss national and state
issues affecting Florida's airports.
Palm Beach County Department of Airports’ responsibilities as host include
on-site assistance in registration of participants and development of
conference topics. In hosting the event, the Department is paying the FAC
$50,000 to offset the cost of holding the conference. Countywide (AH)
5. Staff recommends
motion to approve:
A) a Contract with Rio-Bak Corporation in the
amount of $2,477,981.38 for Wetland Wildlife Hazard Mitigation at North Palm
Beach County General Aviation Airport (F45); and
B) a Budget Transfer
of $207,628 in the Airport Improvement and Development Fund to provide budget
for the Rio-Bak contract. This includes
a transfer from Reserves of $207,628.
SUMMARY: This project was advertised utilizing the County’s competitive bid
process. On May 16, 2013, six bids were received for the Wetland Wildlife
Hazard Mitigation project at F45. Of the
six bids, Rio-Bak Corporation, a Palm Beach County company has been identified
as the lowest responsible/responsive bidder in the amount of $2,477,981.38 for
the Wetland Wildlife Hazard Mitigation project at F45. The Disadvantaged
Business Enterprise (DBE) Goal for this project was established at 18%. Although the DBE goal was not achieved for
all phases, Rio-Bak Corporation provided the required documentation of good
faith efforts to achieve the goal and has committed to overall DBE
participation of 14% for this project.
Florida Department of Transportation grant funding of $1,008,313.50 and
Passenger Facility Charge funds of $491,380 are being utilized to fund this
project. Countywide (JCM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve: Amendment
No. 9 to the General Consulting Agreement with Ricondo & Associates, Inc.
for consulting/professional services in the amount of $742,007 for the
continued performance of professional planning and design services related to
the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2009-1643) with Ricondo & Associates, Inc.
for general airport planning and design was approved on October 6, 2009 in the
amount of $1,723,324 in order to carry out the approved Capital Improvement
Programs for the County’s Airports. The agreement is for two years with two,
one year renewal options. Amendments 1-8
were approved for a net increase in the amount of $7,552,496.
Additionally, Amendments No. 5 and No. 7 exercised the first and second
one year renewal options, respectively. Approval of Amendment No. 9 in the amount of
$742,007 will provide funds to complete the following tasks and services: Task I
Services –
Palm Beach International
Airport (PBIA) Building 3400 Modifications: Phase 2 Design; PBIA Terminal
Restrooms – Construction Phase Services; PBIA Building 3400 Modifications –
Construction Phase Services; PBIA Security Enhancements – Construction Phase
Services (Supplement #1); PBIA Passenger Facility Charge Use Application 14-15;
Palm Beach County Glades Airport (PHK) Airfield Electrical Improvements –
Construction Phase Services; PHK Airfield Electrical Improvements –
Supplemental Design Services; and North Palm Beach County General Aviation
Airport (F45) Drainage Modifications – Construction Phase Services. Ricondo &
Associates, Inc. is a Chicago, Illinois based firm. Approximately 60.9% of the work associated
with tasks in this Amendment will be completed by firms with Palm Beach County
offices. Certain tasks performed during
the term of this Amendment may be eligible for State and Federal grant
participation. The Disadvantaged Business Enterprise (DBE) goal for the
agreement was established at 25.00%. The DBE participation for this Amendment
is 66.3%. The total DBE participation to date is 24%.
Countywide (JCM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution of the Board of
County Commissioners of Palm Beach County, Florida (I) authorizing the
issuance of not exceeding $13,200,000 in
original aggregate principal amount of its Public Improvement Revenue Bonds
(Max Planck project), Series 2013 for the purpose of funding a grant to the Max
Planck Florida Corporation, and paying certain costs related thereto; (II)
providing for the terms and payment of such series 2013 bonds; (III)
providing for the rights, security and remedies of the holder thereof; (IV)
making certain covenants and agreements in connection therewith; (V) delegating authority to proper
officials of the County, in consultation with the County’s financial advisor,
to select a qualified financial institution pursuant to a competitive proposal
process to purchase the series 2013 bonds and to award the sale of the series 2013 bonds to such
purchaser, subject to certain parameters and other matters set forth in this
resolution; (VI) authorizing the execution and delivery of an agreement
with the purchaser of the series 2013 bonds to set forth additional covenants
of the county and matters relating to the series 2013 bonds as may be required
by the purchaser; (VII) authorizing the proper officials of the county
to do all other things deemed necessary or advisable in connection with the
issuance of the series 2013 bonds; (VIII) providing for certain other
matters in connection therewith; and providing for an effective date. SUMMARY:
On July 22, 2008, the Board approved a Grant Agreement with Max Planck Florida
Corporation (MPFC) that provides $86,926,000 to construct and operate a
Biomedical Research Facility in Palm Beach County. The agreement provides for
distribution of funds through five separate bond issues. This is the third
issuance and the remaining funds are due on November 1 of 2015 in the amount of
$13,384,000 and 2017 in the amount of $5,347,000. Bonds will be issued for this
project in amount not to exceed $13,200,000 ($13,137,000 for the project and
not to exceed $63,000 for cost of issuance). The County Financing Committee
(CFC) met on April 12, 2013 and approved this issuance to be competitively bid
as a direct bank placement as recommended by the County’s Financial Advisor.
The Board approved Edwards Wildman Palmer LLP as bond counsel for this
financing. As it is a direct bank placement, disclosure counsel is not needed.
This issue is a covenant to
budget and appropriate with an estimated annual debt service payment of
approximately $960,000 per year, for 20 years. The first debt service payment
will be budgeted in FY 2014. At the request of the CFC, the bids will also
include pricing for a 15-year maturity to be compared to the 20-year maturity.
The County’s financial advisor will make a recommendation as to which maturity
to accept. Countywide (PFK)
2. Staff recommends
motion to:
A) approve request by Palm Beach County Tax
Collector, Anne M. Gannon, for Board of County Commissioners to order the 2013
tax roll to be extended prior to completion of the Value Adjustment Board (VAB)
hearings; and
B) direct
the VAB to certify the assessment roll as required by State Statutes.
SUMMARY: Approval of this request will avoid a
delay in the issuance of tax notices beyond November 1, 2013, and will permit
the collection of property taxes prior to completion of the VAB hearings. Countywide
(PFK)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion
to receive and file: a notice of exercise of the second
extension option of Concessionaire Service Agreement (R2010-1408) (Agreement)
with DH2, Inc. for the operation of food and beverage services at Osprey Point
Golf Course in Burt Aaronson South County Regional Park for $6,749.18/year. SUMMARY: On September 14, 2010, the
Board approved the Agreement with DH2, Inc. for the use of a 183 SF snack bar
and a portion of the exterior patio area at the clubhouse, and the operation of
mobile food and beverage carts on the golf course at Osprey
Point Golf Course located in South County Regional Park. The minimum guaranteed annual rent is
$6,749.18/year with a per round fee of $0.20 for each round of golf played
during the preceding 12 months that exceeds 60,000 rounds. The Osprey Point Golf Course opened in
November of 2010, with per round use of between 51,000 to 66,955 played
annually over the past three years. The
course is maturing and becoming popular with the public. Use during this 12 month extension period is
anticipated to exceed the 60,000 round threshold by
18,000 rounds. DH2, Inc. is exercising the second option for the period of November 5,
2013, to November 4, 2014. The Parks and Recreation Department is
satisfied with DH2, Inc.’s performance. Pursuant to the Agreement, DH2 Inc. has
the right to exercise its option and the Board has no discretionary authority
to deny the exercise of the option. (PREM) District 5 (HJF)
2. Staff recommends
motion to approve: a Second Amendment to Interlocal Agreement
(R2003-0801) with the City of West Palm Beach (City) to extend the term of the
Agreement for interoperable radio communications through the countywide common
talk groups of the County’s 800 MHz Radio System to June 3, 2018. SUMMARY: The Agreement, which provides
the terms and conditions under which the City can program its radios and
utilize the countywide common talk groups for certain inter-agency
communications expired on June 3, 2013 and the City has been in continual
compliance with the terms of the Agreement while the renewal was being
executed. The Agreement provides for
three renewal options, each for a period of five years. The City has approved a
retroactive renewal to extend the term of the Agreement to June 3, 2018 and the
renewal now requires Board approval. The terms of the Agreement are standard
and have been offered to all municipalities and local branches of State/Federal
agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
Agreement. The City is required to pay
all of the City’s direct costs associated with the subscriber units and to
comply with established operating procedures for the System. The Agreement may
be terminated by either party, with or without cause. This Second Amendment retroactively renews
the term, updates the notice provisions, updates the attachments, provides for
disclosure of County Code Section 2-421 - 2-440 establishing the Office of the
Inspector General and provides for the exclusion of third party beneficiaries
to this Agreement. Other than the changes set forth herein, all other terms
remain the same. (ESS) Countywide (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: a Second Amendment to the Interlocal Agreement
(R2003-1206) (Agreement) with the Village of Palm Springs (Village) to extend
the term of the Agreement for interoperable radio communications through the
countywide common talk groups of the County’s 800 MHz Radio System to August
18, 2018. SUMMARY: The Agreement,
which provides the terms and conditions under which the Village can program its
radios and utilize the countywide common talk groups for certain inter-agency
communications expires on August 18, 2013.
The Agreement provides for three renewal options, each for a period of
five years. The Village has approved a
renewal to extend the term of the Agreement to August 18, 2018 and the renewal
now requires Board approval. The terms of the Agreement are standard and have
been offered to all municipalities and local branches of State/Federal agencies
with 800 MHz trunked radio capabilities.
There are no charges associated with this Agreement. The Village is required to pay all costs
associated with the subscriber units and to comply with established operating
procedures for the System. The Agreement may be terminated by either party,
with or without cause. This Second
Amendment renews the term, updates the notice provisions, updates the
attachments, updates the provision on County Code Section 2-421 - 2-440
establishing the Office of the Inspector General and provides for the exclusion
of third party beneficiaries to this Agreement. Other than the changes set
forth herein, all other terms remain the same. (ESS) Countywide (JM)
4. Staff recommends
motion to approve: an Interlocal Agreement with Hendry County
(Participant) allowing for interoperable communications through the countywide
and EMS common talk groups of the County’s 800 MHz Radio System (System). SUMMARY: This Interlocal Agreement
provides the conditions under which the Participant can program into its radios
and utilize the countywide and EMS common talk groups for certain types of
inter-agency communications. The
County’s system will not be utilized for routine operational communications by
the Participant. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
Agreement. The Participant is required
to pay all costs associated with subscriber units and to comply with the
established operating procedures for the System. The term of the Agreement is for five years
with three - five year renewals. The
Agreement may be terminated by either party, with or without cause upon ten
days written notice to the other party. (ESS) Countywide (JM)
5. Staff recommends
motion to approve: an
Interlocal Agreement with the Town of Palm Beach (Town) allowing for
interoperable communications through the countywide common groups of the
County’s Public Safety Radio System. SUMMARY: This Interlocal Agreement provides the
conditions under which the Town can program into its radios and utilize the countywide
common talk groups for certain types of inter-agency communications. The
County’s system will not be utilized for routine operational communications by
the Town. The terms of the Agreement are
standard and offered to those municipalities with 800 MHz trunked radio
capabilities that have migrated to the Municipal Public Safety Communications
Consortium (MPSCC) Open Sky Radio System.
There are no charges associated with this Agreement. The Town is required to pay all costs
associated with subscriber units, to comply with the established operating
procedures for the County’s Public Safety Radio System and to provide County
with Town’s internal procedures in regards to monitoring common talk groups
within ten days of execution of the Agreement.
The Agreement provides for an initial term of five years with three
renewal options, each for a period of five years. This Agreement may be terminated by either
party, with or without cause, upon ten days prior notice to the other party. (ESS) Countywide (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: an Interlocal Agreement with the Town of Juno Beach
(Town) allowing for interoperable communications through the countywide common
groups of the County’s Public Safety Radio System. SUMMARY: This Interlocal Agreement provides the conditions under
which the Town can program into its radios and utilize the countywide common
talk groups for certain types of inter-agency communications. The County’s
system will not be utilized for routine operational communications by the
Town. The terms of the Agreement are
standard and offered to those municipalities with 800 MHz trunked radio
capabilities that have migrated to the Municipal Public Safety Communications
Consortium (MPSCC) Open Sky Radio System.
Within 10 days of the execution of this Agreement, the Town is required
to provide the County with its internal procedures for monitoring the common
talk groups. There are no charges
associated with this Agreement. The
Agreement provides for an initial term of five years with three renewal
options, each for a period of five years. This Agreement may be terminated by
either party, with or without cause, upon ten days prior notice to the other
party. (ESS) Countywide (JM)
7. Staff recommends
motion to approve: a
Third Amendment to Agreement (R2004-0207) with Tenet St. Mary’s, Inc. d/b/a St.
Mary’s Medical Center (Hospital) to extend the term of the Agreement to
February 3, 2016. SUMMARY: The
Agreement, which provides the terms and conditions under which Hospital can
program its radios and utilize the countywide and EMS common talk groups for
certain inter-agency communications expired on February 3, 2013. The Agreement
provided for three renewal options, each for a period of three years. Hospital has approved a retroactive renewal
to extend the term of the Agreement to February 3, 2016 and the renewal now
requires Board approval. The Hospital has been in continual compliance with the
terms of the Agreement while this Amendment was being prepared. The terms of
the Agreement are standard and have been offered to all municipalities and
local branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges associated with this Agreement but the
Hospital is required to pay all costs associated with the subscriber units and
to comply with established operating procedures for the System. The Agreement
may be terminated by either party, with or without cause. This Third Amendment
retroactively renews the term, updates the notice provisions, modifies the
provision on access and release of programming codes, modifies the provisions
on scenarios of usage and hospital talk group procedures, updates the provision
on County Code Section 2-421 - 2-440 establishing the Office of the Inspector
General, and provides for the exclusion of third party beneficiaries. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide
(JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: a Third Amendment to Agreement (R2004-0897) with
Boca Raton Regional Hospital, Inc. (Hospital) to extend the term of the
Agreement to May 18, 2016. SUMMARY:
The Agreement, which provides the terms and conditions under which Hospital can
program its radios and utilize the countywide and EMS common talk groups for
certain inter-agency communications expired on May 18, 2013. The Agreement
provided for three renewal options, each for a period of three years. Hospital has approved a retroactive renewal
to extend the term of the Agreement to May 18, 2016 and the Agreement now
requires Board approval. The terms of
the Agreement are standard and have been offered to all municipalities and
local branches of State/Federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement but the Hospital is required to pay all costs
associated with the subscriber units and to comply with established operating
procedures for the System. The Agreement
may be terminated by either party, with or without cause. This Third Amendment retroactively renews the
term, updates the Hospital’s name, deletes and replaces outdated exhibits,
updates the scenarios of usage, modifies the provision on access and release of
programming codes, provides for disclosure of County Code Section 2-421 - 2-440
establishing the Office of the Inspector General and provides for the exclusion
of third party beneficiaries. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide (JM)
9. Staff recommends
motion to approve: a Second Amendment to the Interlocal Agreement
(R2005-1338) (Agreement) with the Port of Palm Beach District (Port) to extend
the term of the Agreement to July 11, 2017. SUMMARY: The Agreement, which provides the terms and
conditions under which the Port can directly access the County’s 800 MHz Radio
System expired on July 11, 2013. The
Agreement provides for two renewal options, each for a period of four
years. The Port has approved a
retroactive renewal to extend the term of the Agreement to July 11, 2017. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of State/Federal
agencies where connection through an established municipal hub is not
technically feasible. The annual fees are consistent with those being charged
to the County departments. In addition,
the Port is required to directly pay all costs associated with subscriber units
and to comply with the established operating procedures for the System. The
Agreement may be terminated by either party, with or without cause, on October
1st of any year, with a minimum of six months notice. This Second Amendment
retroactively renews the term, replaces the attachments, updates the notice
provisions, provides for disclosure of County Code Section 2-421 - 2-440
establishing the Office of the Inspector General and provides for the exclusion
of third party beneficiaries to this Agreement.
Other than the changes set forth herein all other terms and conditions
remain the same. (ESS) Countywide (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: a Concessionaire Service Agreement with Hawkhaven,
LLC d/b/a Lazy Loggerhead Café (Hawkhaven) for operation of the concession
building at Carlin Park in Jupiter for $73,000/year effective September 1,
2013. SUMMARY: The Parks and Recreation Department desires to continue
to provide food, beverage and sundry items at Carlin Park through a concession
operation. The current vendor, Brian E. Wilson & Jennifer G. Wilson, Joint
Venture, d/b/a Lazy Loggerhead Café, operates under a Concessionaire Service
Agreement dated July 10, 2007 (R2007-1109), which expires on August 31, 2013.
In June 2013, PREM advertised a Request For Proposals
(RFP) for the operation of the Carlin Park food concession. Jennifer Wilson,
representing Hawkhaven and Lazy Loggerhead Café, was the only attendee at the
mandatory pre-proposal conference. Hawkhaven submitted the only proposal. The
guaranteed annual rent under this Concessionaire Service Agreement is
$73,000/year ($6,083.33/month), with annual two percent (2%) increases. In addition, Hawkhaven will pay percentage
rent calculated as the amount by which 8.5% of the certified annual gross
revenues derived from the operation of the concession exceeds
the guaranteed annual rent. The initial term of the Concessionaire Service
Agreement is for three years, ending August 31, 2016, with three options to
extend, each for a period of two years. Parks manages this Concessionaire
Service Agreement. (PREM) District 1 (HJF)
11. Staff recommends
motion to approve: Amendment No.
2 to the contract with The Weitz Company, LLC (R-2012-1001) in the amount of
$433,806 for construction management services for recreation yard improvements
at the West Detention Center located in Belle Glade. SUMMARY: On April 25, 2006, the Board approved proceeding with the
Jail Expansion Program II consisting of the expansion of the West Detention
Center, and the Stockade and renovations to the Main Detention Center. Amendment No. 2 authorizes improvements to
the recreation yards and enhancing the security of the West Detention Center. The
improvements to the recreation yards are to repair cracking stucco, re-caulk
windows, paint walls, additional fencing, and razor wire being installed to
increase security. The Small Business Enterprise (SBE) goal for this
contract is 15%. The Weitz Company,
LLC’s SBE participation for this project is 21.3%. The Weitz Company, LLC is a Palm Beach County
firm and is using 58% Palm Beach County subcontractors. Amendment No. 2 is jointly funded by the
Sheriff and the Public Building Improvement Fund (Renewal/Replacement). (Capital
Improvements Division) Countywide/District 6 (JM)
12. Staff recommends
motion to approve: Contract with Cedars Electro-Mechanical, Inc. in the
amount of $543,375 for the removal and replacement of two of the four existing
Cooling Towers at the Convention Center. SUMMARY: This Contract will
remove cooling towers No. 3 and No. 4 and replace with new upgraded towers,
isolation valves, flow meters and all associated plumbing and electrical. These towers which were installed in 1999 and
serve portions of the exhibition floor and meeting room have reached their
useful life span due to deterioration caused by salt and weather
corrosion. The replacement towers will
include a higher level of corrosion resistant material which will provide for longer life span, as well as
reducing energy, maintenance and operating costs. Existing towers 1 & 2 were replaced as a
separate project in 2012. The Small Business Enterprise (SBE) goal is
15%. The SBE participation in this Contract is 90%. The total construction
duration is 90 calendar days. Cedars Electro-Mechanical, Inc. is a certified
SBE Palm Beach County company. Funding for this project is entirely from
construction bond proceeds specifically identified for renewal/replacement
projects. The annual debt service on the bond is paid for from bed tax
proceeds. (Capital Improvements
Division) District 7 (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: A)
reappointment of one member; and B)
appointment of one new member to the Property Review Committee (PRC):
|
Reappointment Member |
Seat No. |
Seat
Requirement |
Term |
Nominated
by: |
||
|
Keith L. Williams, Esq. |
5 |
Eminent Domain Attorney
employed by a governmental agency with offices in PBC or in a private
practice with an office in PBC. |
August 17, 2013 – August 16, 2016 |
Comm. Burdick Comm. Valeche |
||
|
|
|
|||||
|
Appointment Member |
Seat No. |
Seat
Requirement |
Term |
Nominated
by: |
||
|
Kristin K. Garrison, AICP,
CPF |
4 |
A Representative with
expertise in land planning employed by a governmental agency with an office
in PBC or recommended by the PBC Planning Congress. |
August 17, 2013 – August 16, 2016 |
Mayor Abrams Comm. Valeche Comm. Berger |
||
SUMMARY:
Palm Beach County Resolution No. 2010-0292 established the PRC that is
comprised of five members appointed at-large by the Board. Each member must meet specific seat
requirements. Each seat is now for a
term of three years. Mr. Williams has
served on the PRC for the duration of an initial three year term for Seat No. 5
that expires on August 16, 2013. Mr.
Williams has agreed, if reappointed, to continue to serve as the Seat No. 5
representative on the PRC. Seat No. 4 is
currently served by Christopher Barry, AICP.
Mr. Barry has requested not to be reappointed due to the potential for
real and/or perceived conflicts of interest as a result of his recent change in
employment. Ms. Garrison has agreed, if
appointed, to serve as the Seat No. 4 representative on the PRC. Both seats are for a term commencing August
17, 2013, through August 16, 2016. (PREM) Countywide (HJF)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2012-1408) with
Children’s Case Management Organization, Inc. to increase the funded amount from
$21,667 to $22,884.81. Summary:
On October 2, 2012, the County entered into an Agreement (R2012-1408) with
Children’s Case Management Organization, Inc. (CCMO) allocating $21,667 of
Emergency Solutions Grant (ESG) Program funds. CCMO provides emergency shelter
services to pregnant and parenting families who are homeless and homeless
prevention services to families who are at risk of becoming homeless from their
facility at 3333 Forest Hill Boulevard in unincorporated Palm Beach County. The Department of Economic Sustainability
(DES) has identified $1,217.81 in ESG funds that are available for
reprogramming and the Community Services Department has recommended that CCMO
be the recipient of these funds for their programs. These Federal ESG funds
require a matching contribution which will be provided by the funded agency.
(DES Contract Development) Countywide (TKF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve:
A) an increase of $82,000 in the Water Utilities
Department’s (WUD) funding for the Digester Biogas Combined Heat and Power
Renewable Energy Project under the Energy Efficiency and Conservation Block Grant
received from the Department of Energy;
B) a Budget Transfer of $82,000 from the Energy Efficiency and Conservation
Block Grant Revolving Loan Fund to the WUD Digester Biogas Renewable Energy
Project in the Energy Efficiency and Conservation Block Grant Capital Fund; and
C) a Budget Amendment of $82,000 in the Energy Efficiency and Conservation
Block Grant Capital Fund to recognize and appropriate the transfer of funds
from the Energy Efficiency and Conservation Block Grant Fund.
Summary: To date, WUD has been allocated $1,867,681
for the Digester Biogas Combined Heat and Power Renewable Energy Project at the
Southern Region Water Reclamation Facility (SRWRF). These funds will be used to
fund equipment and materials for a micro turbine to complete the 100% recycling
objective at SRWRF by generating power from digester gas. Digester gas is currently being burned in a
waste gas flare. The micro turbine will
generate mechanical energy which will be converted to electricity for on-site
use. These are Federal grant funds
which require no local match. (DES Administration) District 5 (DW)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: appointment of one new member to the Construction
Industry Licensing Board (CILB):
Appoint Seat
# Requirement Term Nominated by
Sammy Berry, Jr. 15 Consumer Member 8/13/13-9/30/14 Comm. Taylor
Comm.
Burdick
SUMMARY: The
Construction Industry Licensing Board was established by Special Act, Chapter
67‑1876, Laws of Florida, as amended. The Special Act and, subsequently,
Florida State Statute (F. S. §) sets forth the membership of the Board, which
consists of 15 members. Mr. Sammy Berry, Jr. has been nominated to replace Ms.
Christine Hoke who is no longer able to serve. The nomination represents the
Seat for a Consumer Member as cited in the Special Act and F.S. § 489.131
establishing the Construction Industry Licensing Board. A Memorandum was sent to
the Board of County Commissioners on May 20, 2013, advising of the vacant
position. No other nominations were received. Countywide (SF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
2. Staff recommends
motion to approve: appointment
of one new member to the Building Code Advisory Board for a term of three years:
Nominee Seat Requirement Nominated By Term
A. Thomas Hogarth 11 Professional
Engineer Florida Engineering 8/13/13-8/12/16
Society
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001.
The term of office for Board members is 3 years with no limit to the
number of terms a member may serve. The Palm Beach Chapter of Florida
Engineering Society has nominated A. Thomas Hogarth to fill a vacated seat. The
Board is comprised of 16 members: composed of seven building officials, one from
each commission election district; seven members appointed from nominees
submitted by the Construction Industry Management Council of Palm Beach County;
one registered architect appointed from nominees submitted by the Palm Beach
Chapter of the American Institute of Architects; and one professional engineer
appointed from nominees submitted by the Palm Beach Chapter of the Florida
Engineering Society. Countywide (SF)
K. WATER UTILITIES
1. Staff recommends
motion to approve: Release of Utility Easement in
the Lake Worth Drainage District. Summary: This
document will release the County’s interest
in a Utility Easement recorded in the Official Records of Palm Beach County in
Book 3543, Page 0078. It has been determined
that the referenced easement encroached on an existing Lake Worth Drainage
District (LWDD) easement at time of conveyance. LWDD now requests release of
the encroaching easement. The Water
Utilities Department concurs with this request and, therefore, recommends the
release. There are no costs related to
the release of this easement. District
5 (MJ)
2. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 9 with Keshavarz & Associates, Inc. (R2011-0636)
for the Southwest Belle Glade Water Main Replacement - Zone 1 in the amount of
$302,045. Summary: On May 3,
2011, the Palm Beach County Board of County Commissioners (BCC) approved the
Water Utilities Department (WUD) Engineering/Professional Services Contract
with Keshavarz & Associates, Inc. (R2011-0636). This CSA No. 9 is to
provide services related to the surveying, design, permitting and construction
of the water main replacement in the southwest area in the City of Belle Glade
designated as Zone 1. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
Keshavarz & Associates, Inc. provides for SBE participation of 100%. This
Authorization includes 100% overall participation. The cumulative SBE
participation is 100% overall. Keshavarz & Associates, Inc. is a local
company. (WUD Project No. 13-060) District 6 (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to receive and file: two executed Agreements received during the
months of June and July 2013:
A) Indemnification Agreement with DG Belle Glade, LLC
(District 6); and
B) Indemnification Agreement with Hazara Enterprises, Inc.
(District 3)
Summary: In accordance with County PPM CW-0-051, all delegated
contracts/agreements/grants/procurement items must be submitted by the
initiating Department as a receive and file agenda
item. The documents have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Deputy Director of
the Water Utilities Department in accordance with Resolutions R93-1619,
R96-0228, and R2003-0539 and are now being submitted to the Board to receive
and file. Districts 3 & 6 (MJ)
4. Staff recommends
motion to approve:
A) Budget Amendment of $100,000
decreasing the Water Utilities Capital Improvement Fund;
B) Budget Transfer of $100,000 in the Water
Utilities Revenue Fund to establish a transfer to the Disaster Recovery
Initiative Fund;
C) Budget Amendment of $100,000 increasing the Disaster
Recovery Initiative Fund for cost associated with staffing and administration
grant fund for Disaster Recovery Initiative projects; and
D) Budget Transfer of $90,000 increasing the Economic Development Fund for
reimbursement of staff costs associated with Disaster Recovery Initiative projects.
Summary: This Amendment
allows for a nonrecurring transfer of funds to be used by Department of Economic Sustainability (DES) for costs associated
with staffing and administration of grant funds provided by the U.S.
Department of Housing and Urban Development and the State of Florida for
Community Development Block Grant (CDBG) and Disaster Recovery Initiative (DRI)
projects for water and wastewater infrastructure. DES is responsible for
the administration of the CDBG and DRI grants. At present, Department of Water
Utilities (WUD) is managing construction efforts for $3,159,301 CDBG projects
and $10,925,418 DRI projects from these funds. WUD has no
capability nor expertise in administering these types of grants and must
rely on DES for this effort. Within DES, the administrative duties
related to these projects have placed a strain on limited financial resources.
The transfer of funds will allow them to secure additional resources to assist
in the area. Countywide (MJ)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve:
A)
Contract with Southeast Drilling Services, Inc. for
Water Treatment Plant No. 8 (WTP 8) well replacement and rehabilitation in the amount of
$1,704,960; and
B) Consultant Services Authorization (CSA) No. 11 to MWH
Americas, Inc. (R2011-0632) for construction services related to the five
production wells for WTP 8 in
the amount of $298,419.46.
Summary: On June 6, 2013, four bids were received
for Project No. WUD 12-008 to construct one new
production well and rehabilitate four production wells for
WTP 8. The low bidder, Southeast
Drilling Services, Inc., is the lowest responsive,
responsible bidder in the amount of $1,704,960. CSA 11 will provide construction services
related to the five wells and associated raw water mains. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. Southeast
Drilling Services, Inc. has met the SBE goal with a participation of
70.38% overall. Southeast Drilling Services,
Inc. is a local company. The contract
with MWH Americas, Inc.
provides for SBE participation of 26% overall. This CSA includes SBE
participation of 7.63%. The cumulative SBE participation, including this CSA is
27.55% overall. MWH Americas,
Inc. is a local company. (WUD Project No. 12-008) District 2 (JM)
6. Staff recommends
motion to approve:
A) Contract with Florida Design Contractors, Inc. to
construct eight new surficial production wells for
Water Treatment Plants No. 2, 3, and 8 in the amount of $3,373,850; and
B) Consultant Services Authorization
(CSA) No. 10 to MWH Americas, Inc. (R2011-0632) in the amount of
$328,273.20.
Summary: On May 24, 2013, four bids were received for Project No. WUD 12-006 to construct new
production wells for Water Treatment Plants No. 2, 3,
and 8. The
low bidder was determined to be non-responsive. The award was protested
by the low bidder on June 25, 2013. The Palm Beach County Purchasing Department
reviewed the protest letter and PBC project documents and determined that the
protest would not be upheld and the recommended award proceed as posted. The
second low bidder, Florida Design Contractors, Inc., is the lowest responsive,
responsible bidder in the amount of $3,373,850. CSA 10 will provide construction services related
to the eight new wells and associated raw water mains. The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. While
Florida Design Contactors, Inc. did not receive SBE credit in their bid, the
Contactor has committed to an SBE participation of 25.35% overall. Florida
Design Contractors, Inc. is a local company. On May 3, 2011, the Palm Beach
County Board of County Commissioners (Board) approved the continuing Contract
for Utility Hydrogeologic & Water
Resources Engineering Services with MWH
Americas, Inc. (R2011-0632). This
CSA 10 will provide services
during the construction of the wells.
The contract with MWH
Americas, Inc. provides for SBE participation of 26% overall. This CSA
includes SBE participation of 18.83%.
The cumulative SBE participation, including this CSA is 29.81%
overall. MWH Americas, Inc. is a local company. (WUD
Project No. 12-006) Districts 2 & 5 (JM)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
an initial management plan for the Cypress Creek Natural Area. SUMMARY: The initial management plan
for the 2,083-acre Cypress Creek Natural Area Management Plan identifies the
natural and cultural resources present on the site and provides for the
preservation, restoration, enhancement and ongoing management of those
important resources. The management plan also identifies recreational uses and
amenities which may be accommodated on the site without adversely affecting the
site’s resources. The first update to this management plan will be due in 2023.
District 1 (SF)
2. Staff recommends
motion to approve: an Amendment to Agreement R2012-0340 with PBA
Holdings, Inc. (PBA) to revise the implementation schedule for restoration of a
2.87-acre parcel of property to be used as a portion of a wildlife corridor, and
to provide for a performance bond. SUMMARY: As part of PBA’s development approval for a Type IIIB excavation, PBA
accepted a condition to restore and convey a 2.87-acre parcel as part of a
wildlife corridor. The planting was to
have been completed within 180 days of the March 6, 2012 effective date of the
Agreement. PBA requests an extension of the restoration deadline to August 31,
2019. The amended agreement will also provide for a performance bond in the
amount of $50,411.83 to help ensure timely performance. There is no cost to the
County. District 6 (SF)
3. Staff recommends
motion to approve: an
Indemnification Agreement with SLV Capistara, LLC. SUMMARY: In 2009, Tousa Homes, Inc., a predecessor of SLV Capistara, LLC.
(“Capistara”) posted a cash bond with the County in the amount of $10,000 to
secure its obligation to complete certain littoral shelf requirements on its
property pursuant to Excavation Approval No. E200514. The property was
subsequently sold to Capistara.
Capistara has completed all littoral shelf requirements of Excavation
Approval No. E200514 and has requested return of the bond.
Because a predecessor in interest to
Capistara posted the bond with
the County, this Indemnity Agreement is necessary to indemnify the County from and against any and all claims
to the bond that may hereinafter be made by any third party. District 3
(SF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) receive and file Amendment No. 7 to
the Florida Department of Environmental Protection Agreement No. LP6046 (R2006-0583)
for the Seagrass Survey Project in the Lake Worth Lagoon (LWL) and Intracoastal
Waterway (ICW) extends the end date from June 30, 2013 to June 30, 2014 and
reallocates unspent funds in the amount of $78,735 to fund the seagrass survey
and a hurricane post sediment management study;
B) receive and file Task Assignment
No. 7 to the Florida Department of Environmental Protection Contract No. GC680
(R2007-0882) for contracted services related to the Petroleum Storage Tank
Compliance Verification Program in the amount of $428,731.24 with a performance
period of July 1, 2013, through June 30, 2014;
C) receive and file Task Assignment No. 5 to the Florida
Department of Environmental Protection (FDEP) Grant Agreement S0485
(R2010-0095) for the Petroleum Contamination Site Cleanup Services Program on
150 petroleum contaminated sites for a not to exceed amount of $494,839.73 with
a performance period of July 1, 2013, through June 30, 2014;
D) approve Budget Transfer of $78,736 FDEP Lake Worth Lagoon
Fund from the Westgate CRA Project to the LWL Monitoring Project; and
E) approve Budget Amendment of $494,840 in the
Petroleum Storage Tank Program Fund to recognize Task Assignment No. 5.
SUMMARY:
On April 4, 2006, the Board of County Commissioners approved the State
Financial Assistance Agreement No. LP6046 with the FDEP
(R2006-0583) to provide funds for the Palm Beach County Seagrass Survey
Project. Delegated authority was
provided at that time. On June 5, 2007, the Board of County Commissioners
approved FDEP Contract No. GC680 (R2007-0882) for activities
related to the Petroleum Storage Tank Compliance Verification Program.
Delegated authority to execute Task Assignments was provided at that time.
Budget for FY13/FY14 is included in the Petroleum Storage Tank compliance Fund.
On January 12, 2010, the Board of County Commissioners approved FDEP Grant
Agreement SO485 (R2010-0095) for contracted services related to the Petroleum
Contamination Site Cleanup Services Program. Delegated authority to execute
Task Assignments was provided at that time.
Budget for FY13/FY14 is included in the Petroleum Storage Tank Fund. Countywide
(SF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve:
A) an Access Easement and Release of Easement
Agreement (Access Easement) whereby Palm Beach County (PBC) grants a 30-foot
wide access easement to the South Florida Water Management District (District)
and Martin County through the Cypress Creek Natural Area. The easement will run
with the land and generally follows the footprint of the existing Gulfstream
Citrus Road from Indiantown Road to the Martin County line; and
B) execution of a
Memorandum of Agreement (MOA) with the District and Martin County for a period
of five years, with four, five-year options to extend the MOA for the issuance
of PBC licenses via the District’s web-based permitting process to regulate the
public use of the Access Easement.
SUMMARY: During the acquisition of the Cypress Creek Natural Area, PBC, the
District and Martin County signed an Interlocal Agreement dated May 28, 2002
(R2002-0850) to cooperate in the purchase of 3,996 acres known as Cypress
Creek. That Interlocal Agreement was
subsequently amended by the First Amendment to the Interlocal Agreement (First
Amendment) dated December 12, 2002 (R2002-2195). The First Amendment requires PBC to grant the
District and Martin County an access easement through PBC’s portion of the
Cypress Creek Natural Area so that they may access their jointly-owned lands in
Martin County. There is no cost to the County associated with this item. District 1 (HJF)
6. Staff recommends
motion to approve: reappoint
one member to the Groundwater and Natural Resources Protection Board (GNRPB)
for a term of three years beginning August 13, 2013, through August 12, 2016:
Nominee Representing Seat No. Nominated By
Kirt W. Rusenko Biologist
or Chemist 4 Commissioner
Abrams
Commissioner Burdick
Commissioner Taylor
Commissioner Valeche
SUMMARY: Ordinance 92-20, as amended and Article
2.G.3.F.3 of the Unified Land Development Code (ULDC) provide for a seven
member GNRPB. The membership consists of
one professional engineer, one attorney, one hydrologist or hydrogeologist, one
a citizen possessing expertise and
experience in managing a business, one biologist or chemist, one citizen
of Palm Beach County, and one member of an environmental organization. Ordinance 92-20 and Article
2.G.3.F.3. of the ULDC requires Seat No. 4 be
filled by a biologist or chemist. Mr.
Kirt Rusenko desires to continue the duties of Seat 4 for another term and
meets the requirements. The new term will expire August 12, 2016. Countywide (SF)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends motion
to approve: First
Amendment to Interlocal Agreement with the City of Lake Worth for the funding
of the Lake Worth Beach Redevelopment Project to extend the project completion
date from February 1, 2013, to August 31, 2013, and to add conditions regarding
Inspector General requirements. Summary: This
First Amendment to Agreement, R2010-0223, extends the project completion date
by approximately 4 months in order to allow time for the completion of
construction punch list items and the reimbursement process. The new Project completion date is August 31,
2013. The Amendment also adds Inspector
General requirements.
All other terms of the Agreement, including the funding amount of
$5,000,000, remain the same. Funding is from the 2002 $50 Million
Recreation and Cultural Facilities Bond
referendum. District 7 (PK)
2. Staff recommends
motion to approve:
A) Interlocal Agreement with the Town of
Mangonia Park for the period of August 13, 2013, through February 12, 2015,
in an amount not-to-exceed $50,000 for funding of constructing improvements to
the Town’s Community Center and Senior Center; and
B) Budget Transfer of $50,000 within the $25M GO Recreational and Cultural Facilities Bond Fund – 2005
from the Center for Creative Education
Construction Project to the Mangonia Park Community & Senior Centers.
Summary: On June 19, 2012, the Board approved a reallocation of $50,000 from the
Center of Creative Education construction project to construct improvements at
the Town of Mangonia Park’s Community Center and Senior Center. This Agreement provides funding to renovate
the interior of a town-owned duplex to create a Senior Center, as well as to
construct improvements to the Town’s Community Center. The agreement also includes specific project
milestone completion deadlines. District
7 (PK)
3. Staff recommends
motion to receive and file: the following
original executed Sound and Light Production Services Contractor Agreement:
City Sound and Recording LLC; Palm Beach
Carnival event, Sunset Cove Amphitheater, for the period June 15, 2013, through
June 16, 2013.
Summary: In
accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. The Sound and Light Production
Services Contractor Agreement has been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator/Director/Assistant
Director of the Parks and Recreation Department in accordance with Resolution
2009-0592, amended by Resolution 2010‑0645, and is now being submitted to
the Board to receive and file. District 5 (AH)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreement:
Palm Beach Multicultural Organization
Incorporation, Palm Beach Carnival event, Sunset Cove Amphitheater, for the
period June 15, 2013, through June 16, 2013.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
Receive and File agenda item. The Amphitheater
Rental Agreement has been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 2009-0335,
amended by Resolutions 2009‑1807 and 2012-1715, and is now being
submitted to the Board to receive and file. An estimated 900 persons attended the event
produced under this Amphitheater Rental Agreement. District 5 (AH)
N. LIBRARY
1. Staff recommends
motion to approve: The County Library’s Long-Range Plan for FY
2014-2016. Summary: This plan
represents the Library’s mission statement, goals and objectives, and strategic
plan for FY 2014 through FY 2016. This
annual process of strategic planning is done in conjunction with the State’s
requirements for libraries receiving State Aid funds and with the County’s
budget process. The Library anticipates
receipt of $1,073,330 in State Aid to Public Libraries during FY 2014. The Library Advisory Board has endorsed this
Plan with Resolution 13-01, dated July 8, 2013.
Highlights of the Plan for FY 2014 include:
·
Circulation
of books and other materials will increase by 3% to 9,388,480.
·
Renovated
Jupiter Branch Library reopens;
·
Continued
promotion of self service options for library users including automated return
of items and self pick-up of holds;
·
Reference
questions will increase by 3% to 2,091,309;
·
Continued
emphasis in children’s programming and family reading skills development;
·
Increased
offering of classes on how to use E Readers and E Resources.
Countywide (AH)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends motion to approve: an Agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY14. Summary: This Agreement provides funding for the Palm Beach Soil and Water Conservation District’s (District) Resource Conservation Activities. The District provides resource conservation services to rural, agricultural, and urban communities to facilitate soil and water conservation in Palm Beach County. Services include soil information, technical assistance and education to improve water quality and quantity and soil planning in Palm Beach County. Countywide (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) approve an Interlocal Agreement to reinstate and amend the original Interlocal Agreement with the Palm Beach County Sheriff’s Office (R2012-0263);
B) receive and file Grant Adjustment Notice to purchase capital items; and
C) receive and file Grant Adjustment Notice extending the expiration date to July 31, 2013.
SUMMARY: Grant
funds previously covered the cost of security at the Juvenile Assessment Center
(JAC). The Department of Juvenile Justice assumed that responsibility
beginning September 1, 2012. Remaining Justice Assistance Grant funds
from FY 2012 are being redirected to equipment and capital outlay to support
the JAC which relocated in late December 2012. An extension of time is
required to fully complete the purchasing of equipment. The
Grant Adjustment Notice has been executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Executive Director of the
Criminal Justice Commission in accordance with Resolution R2011-1213, and is
now being submitted to the Board to receive and file. Countywide (PGE)
S. FIRE RESCUE
1. Staff recommends
motion to approve: the
Mayor to certify the non-ad valorem assessment roll for the MSBU (Municipal
Service Benefits Unit) for Fire Hydrant Maintenance and Rental-Riviera Beach
and for the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton. Summary:
MSBU’s for fire hydrant maintenance and rental for Riviera Beach and
Boca Raton were established in February, 1993, by Ordinance No. 93-5. The
current rates as established by resolutions are $52.86 per parcel for Riviera
Beach (R98-1023) and $23 per parcel for Boca Raton (R2008-0239). Every year the
assessment roll must be certified by the Mayor of the Board and the State
Department of Revenue Form DR-408A must be signed by the Mayor for each
MSBU. These forms and the tape of the
assessment rolls must be submitted to the Tax Collector no later than September
15 of each year.
Districts 4, 5 & 7
(SB)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to receive and file: one fully executed license agreement with the City of Palm Beach
Gardens, for training at the Palm Beach County Fire Rescue Regional Training
Center, for the period July 1, 2013 through June 30, 2014. Summary: On December 6, 2011, the Board adopted
Resolution No. R2011-1962, which authorized the County
Administrator, or his designee (Fire Rescue Administrator) to execute a one
year standard license agreement with outside fire rescue/public safety agencies
and other authorized entities, providing them with access to the Regional
Training Center to conduct training activities and events for public safety
personnel. The Licensee is responsible for the payment of applicable
user fees. Pursuant to Countywide PPM
CW-O-051, one license agreement fully executed by the Fire Rescue Administrator
and the City Manager for the City of Palm Beach Gardens, is being submitted as
a receive and file agenda item for the Clerk’s Office to note and receive. Countywide
(SB)
3. Staff recommends
motion to:
A) ratify
the Purchasing Director’s letter to Dr. Andrew P. Hope terminating a
Professional Services Agreement with Hope Health & Wellness, Inc., without
cause to be effective January 11, 2013; and
B) approve a Professional Services Agreement with the Palm Beach County
Firefighters Employee Benefits Fund for the provision of a Fire Department
Physician, medical physical examinations and related services effective
retroactively to January 11, 2013, through September 30, 2016.
Summary:
The components of the Palm Beach County Fire-Rescue Wellness Program
established by the Collective Bargaining Agreement (CBA) with the Professional
Firefighters/Paramedics of Palm Beach County Local 2928 (Union) include the
provision of a Fire Department Physician, the administering of medical physical
examinations and drug testing for Fire-Rescue employees. The Palm Beach County Fire-Rescue Wellness
Steering Committee (Committee) is comprised of staff appointed by the
Fire-Rescue Administrator and the Union.
The Committee is responsible for selecting a service provider. On January 13, 2009, based on the Committee
recommendation, the Board approved a Professional Services Agreement with Hope
Health and Wellness, Inc., to provide Fire Department Physician and Related
Services through September 30, 2013, in an amount not-to-exceed $500,000
annually (R2009-0127, as amended by R2010-1064, R2011-1414 and R2012-1429).
As a result of the recent Collective
Bargaining Agreement (CBA) negotiations between the County and the Union, the
Union agreed to fund 100% of the cost of employee medical physicals required
under Article 45 of the CBA, in lieu of a 3% reduction, as proposed by the
County, to the County’s contribution to the Union Plan. The Committee selected and approved the Palm
Beach County Firefighters Employee Benefits Fund (Fund) as the new Provider to
meet the services outlined in Article 45 and terminate the existing
Professional Services Agreement with Hope Health & Wellness, without
cause. The early termination is expected
to result in a savings to the main Fire/Rescue MSTU of approximately $388,913
for the remainder of the current fiscal year.
Due to the timing of the termination and the selection of the new
Provider, the Purchasing Director communicated the County’s intent to
terminate, without cause, its’ Agreement with Hope Health & Wellness, Inc.,
effective January 11, 2013. Staff is
requesting Board ratification and approval of the termination letter and new
Agreement. Countywide (SB)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Amendment
to the Microsoft Enterprise Agreement with SHI International Corporation
(R2012-1305), increasing the total number of user licenses by 742, from 5,418
to 6,160, to reflect the correct number of licenses assigned to County agencies
at no additional cost to Palm Beach County. SUMMARY: The Microsoft
Enterprise Agreement approved on September 11, 2012 for software assurance
provides the County with the right to upgrade to later versions of the software
products purchased under the original Agreement. This Agreement was
approved for the correct dollar amount - $476,684.13; however, the Microsoft
contract documents included as an attachment to the Board Agenda Item
understated the number of licenses by 742. This typographical error was
discovered after the execution of the Agreement. This Amendment increases
the quantity of user licenses by 742 to reflect the correct total of 6,160
licenses at no additional cost to the County. SHI International Corporation is
not a Palm Beach County or a Florida-based business and is the only authorized
reseller of Microsoft products in the State of Florida. Countywide
(PK)
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A) receive and file the Grant Award Letter and executed Agreement
(13-CI-58-10-60-01-499) with the State of Florida, Division of Emergency
Management, to receive Emergency Management grant funding in the amount of $5,400
for the period of June 26, 2013, through September 30, 2013, for the Community
Emergency Response Team (CERT) program to provide training to Palm Beach County
citizens; and
B) approve a Budget Amendment of $5,400 in the
Emergency Management Grant Fund to establish the grant budget.
SUMMARY: This is an annual grant from the Florida Division
of Emergency Management to provide CERT training to Palm Beach County citizens.
R2012-1731 gave authority to the County Administrator, or his designee, to
execute these agreements on behalf of the Board of County Commissioners. Although the grant period began on October
1, 2012, the County received the executed agreement from the State in July of
2013. No County matching funds are
required for this grant. Countywide (PGE)
2. Staff recommends
motion to:
A) receive
and file an executed First Amendment to the Memorandum of Agreement (MOA) with the
City of Miramar, a municipal corporation of the State of Florida, as a fiscal
agent for the Fort Lauderdale Urban Area Security Initiative (UASI) to extend
the UASI 2010 (Jurisdictional, Citizen Corps and WebEOC) agreements from April
30, 2013 to June 30, 2013. SUMMARY: The County was awarded $856,527.63 from the US Department of Homeland
Security UASI Grant through the City of Miramar. The award funds Jurisdictional
($433,038), Citizen Corps ($126,250) and Regional WebEOC ($297,239.63)
projects. A request to extend the grant
from April 30, 2013 to June 30, 2013 has been approved. Resolution R2006-2669 authorizes the County Administrator or his designee to execute
amendments to UASI grant agreements with the City of Miramar on behalf of the
Board of County Commissioners. No
County matching funds are required. Countywide (PGE)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. REVISED TITLE:
Staff
recommends motion to:
A) approve
two standard contract templates,
one to be used by the County to reimburse various governmental agencies and
another to reimburse private agencies for the purchase of Emergency Medical
Services (EMS) equipment from the EMS County Grant Fund Program;
B) authorize
the County Administrator or his designee to execute these standard
agreements between the County and various governmental and
non-governmental/private entities and make non-substantive or ministerial changes
on behalf of the Board of County Commissioners, after approval of legal
sufficiency by the County Attorney's Office, and within budgeted allocations.
SUMMARY: The EMS County Grant Fund Program is an
annual grant provided to Palm Beach County from the State of Florida Department
of Health, Bureau of Emergency Medical Services, to improve and expand the EMS
system. The funding for EMS equipment is distributed to governmental agencies
and non-governmental/private entities based upon a countywide assessment by a
Grant Committee and licensed EMS providers appointed by the EMS Council. The
County is authorized to either purchase the equipment for the entity or
reimburse the entity for equipment it has purchased that falls within the EMS
Grant Trust Fund guidelines. No County
matching funds are required. Countywide (PGE)
BB. INTERNAL
AUDITOR
1. Staff
recommends motion to receive and file:
A) Audit reports reviewed by the Audit Committee at its March 20, 2013 and
June 19, 2013 meetings as follows:
1. 13-04 Purchasing Department – Purchasing
Operations;
2. 13-05 Engineering & Public Works – Bridge Operations and Maintenance;
3. 13-06 Water Utilities Department – Engineering
Division; and
4. 13-07 Environmental Resources Management Department
– Mosquito Control Division.
B) Audit recommendation status follow-up report as of March 31, 2013
reviewed by the Audit Committee at its June 19, 2013 meeting.
SUMMARY: Ordinance 2012-011 requires the Internal Audit
Committee to review audit reports prior to issuance. Ordinance 2012-012 requires the County
Internal Auditor to send those reports to the Board of County
Commissioners. At its meetings on March
20, 2013 and June 19, 2013, the Committee reviewed and authorized distribution
of the attached audit reports. The Committee also reviewed and authorized
distribution of the Audit Recommendation Status Follow-up Report as of March
31, 2013 at its June 2013 meeting. We are submitting these reports to the Board
of County Commissioners as required by the Ordinance. Countywide (PFK)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
BB. INTERNAL
AUDITOR (Cont’d)
2. Staff recommends
motion to receive and file: annual performance appraisals for Joseph
Bergeron, County Internal Auditor. SUMMARY: At its March
20, 2013 meeting the Internal Audit Committee conducted its
annual evaluation of the performance of the County Internal Auditor. All five members of the Committee rated the
County Internal Auditor as either meets or exceed expectations on all
evaluation categories. No contract actions were recommended as the current
contract provides for the incumbent to receive the same salary increase as all
other county personnel and the contract does not expire until September 30,
2015. Countywide (PFK)
CC. SHERIFF
1. Staff recommends
motion to receive and file: Amendment to extend the agreement period,
for the Ft. Lauderdale Urban Area Security Initiative Regional Fusion Center, from April 30, 2013, through June 30, 2013.
SUMMARY: The Board of County Commissioners accepted
this grant for $140,000, on November 15, 2011; the original period for this
grant was effective through April 30, 2013 (R2011-1826). This agenda item will
extend the grant period from April 30, 2013, through June 30, 2013. This
agreement provides a means of funding various domestic security activities
within the County and region using federal Urban Area Security Initiative
(UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal
agent. These funds and related equipment will be used for the Regional Virtual
Fusion Center hosted by Palm Beach Sheriff’s Office. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (PGE)
2. Staff recommends
motion to approve: a Budget Transfer of $5,385 from the Law Enforcement
Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency
shall use Forfeiture proceeds for school resource officer, crime prevention,
safe neighborhood, drug abuse education and prevention programs, or for other
law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing
automated external defibrillators, and providing matching grant funds. F.S.
932.7055(5) also requires that no less than 15% of the LETF’s previous year’s
revenues be used for the support or operation of drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood and school
resource officer programs of various non-profit organizations. The PBSO’s FY
2013 estimated donation requirement is $59,110. The PBSO’s support of these
programs exemplifies its strong commitment to the prevention and reduction of
crime throughout the communities it serves and its desire to put money back
into these communities to support organizations that provide such services. The year-to-date transfer for all donations to
outside organizations after approval of this item is $1,053,629. The funds are requested here are to aid PBSO
and qualified organizations that meet the requirements set forth in F.S.
932.7055. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $1,042,419. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $1,037,034. The
PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.
Below is a table indicating the organizations the PBSO seeks to fund and the
corresponding amount of funding proposed per respective organization or
agency. No new positions are needed and
no additional County funds are required. Countywide (PGE)
|
ORGANIZATION |
AMOUNT |
|
Florida National FBI Academy Association,
Inc. |
$5,385 |
|
|
|
|
Total
Amount |
$5,385 |
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends
motion to receive and file: Grant Modification to extend the agreement
period, for the Miami Urban Area Security Initiative Regional Fusion Center
Analysts, from April 30, 2013, through June 30, 2013. SUMMARY: The Board of
County Commissioners accepted this grant for $140,000, on November 20, 2012;
the original period for this grant was effective through April 30, 2013
(R2012-1751). This agenda item will extend the grant period from April 30,
2013, through June 30, 2013. This agreement provides a means of funding various domestic security activities within
the County and region using federal Urban Area Security Initiative (UASI) funds
through the City of Miami as the Miami UASI’s fiscal agent. These funds will be
used for contractual services for Regional Virtual Fusion Center analysts. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(PGE)
4. Staff recommends
motion to receive and file: Amendment
to extend the agreement period, for the Ft. Lauderdale Urban Area Security
Initiative Collabria System and the TI Training Corp Lab, from April 30, 2013, through June 30, 2013.
SUMMARY: The Board of County Commissioners accepted
this grant for $66,000, on October 16, 2012; the original period for this grant
was effective through April 30, 2013 (R2012-1586). This agenda item will extend
the grant period from April 30, 2013, through June 30, 2013. This
agreement provides a means of funding various domestic security activities
within the County and region using federal Urban Area Security Initiative
(UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal
agent. These funds will be used to fund two regional projects, the Collabria
System and the TI Training Corp Lab for the Regional Domestic Security Task
Force. There is no match requirement
associated with this award. No
additional positions are needed and no additional County funds are required.
Countywide (PGE)
5. Staff recommends
motion to receive and file: Amendment
to extend the agreement period, for the 2010 Ft. Lauderdale Urban Area Security
Initiative, from April 30, 2013, through June 30, 2013. SUMMARY: The Board of County Commissioners accepted this grant for $433,038, on
November 15, 2011; the original period for this grant was effective through
April 30, 2013 (R2011-1827). This agenda item will extend the grant period from
April 30, 2013, through June 30, 2013. This agreement provides a means
of funding various domestic security activities within the County and region
using federal Urban Area Security Initiative (UASI) funds through the City of
Miramar as the Ft. Lauderdale UASI’s fiscal agent. These funds and related
equipment will be used for direct law enforcement activities. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(PGE)
6. Staff recommends motion to receive and file: Grant Modification amending the U.S. Department of Justice, Community Oriented Policing Services, COPS Hiring Program Grant to extend the grant period from August 31, 2013, through August 31, 2014. SUMMARY: The Board of County Commissioners accepted this grant for $2,639,400 on December 7, 2010; the original period for this grant was September 1, 2010, through August 31, 2013 (R2010-2044). This agenda item will extend the grant period from August 31, 2013, through August 31, 2014. Grant funding supports ten sworn law enforcement positions. There is no match requirement associated with this award. However, there is a retention period of twelve months after the expiration of the grant period. No additional positions are needed and no additional County funds are required until grant funding expires in FY 2014. Countywide (PGE)
AUGUST 13, 2013
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
7. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the Department of Justice Office of Justice
Programs Smart FY2010 Comprehensive Approaches to Sex Offender Management Grant
to extend the grant period from September 30, 2013, through December 31, 2013. SUMMARY: The Board of County Commissioners (BCC) accepted this grant for $150,000
on October 19, 2010; the original period for this grant was October 1, 2010,
through September 20, 2012 (R2010-1734). On October 2, 2013, the BCC received and filed an agenda item extending the
grant period from September 30,
2012, through September 30, 2013 (R2012-1439). This agenda item will extend the
grant period from September 30, 2013, through December 31, 2013. The purpose of
the strategy is to provide for greater offender accountability; while improving
community safety, and support of the successful re-integration of sexual
offenders into the community. Funding provided will be used for equipment,
supplies, contractual services, and to pay overtime associated with the
strategy. There is no match requirement
associated with this award. No additional positions are needed and no
additional County funds are required. Countywide (PGE)
* * * * * * * * * * * *
AUGUST 13, 2013
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff
recommends motion to approve: the proposed fare increase for Palm Tran Fixed Route and Connection
services. Summary: On June 11, 2013, the Board of County
Commissioners (BCC) authorized Staff to schedule a Public Hearing in regard to
increasing fares for both the Fixed Route and Connection paratransit programs.
Palm Tran’s last system-wide fare increase occurred in October 2007. Since that
time ridership on the Fixed Route service has grown by over 25% to
approximately 12 Million riders annually. Passenger revenue from Fixed Route
operations represents approximately 18% of operating costs, while passenger
revenue from Connection services represents approximately 9% of operating
costs. It is estimated that this
overall fare increase would generate approximately $2.5 Million annually. Of the $2.5
Million in additional revenue, $1.1 Million would be utilized to support
service improvements and $1.4 Million would be utilized to offset Ad-Valorem
funding. Staff estimates that the proposed fare increase would improve the farebox recovery ratio on
Fixed Route to over 20%, more
in line with national averages. The fare increase proposal would become
effective Monday, October 7, 2013. Attachment 2 to the Agenda Item itemizes the
proposed fare increases. The proposed
service improvements (Attachment 3 to the Agenda Item) would expand and improve
Fixed Route service to nine different routes one of which includes providing
new service to the new Bethesda Hospital West. FTA regulations require an
equity analysis be conducted to determine if the proposed fare increase would
have a disparate impact to minority populations and/or a disproportionate
burden to low income populations. This analysis concluded that both the
minority and low income riders pay significantly less than the 20% threshold,
therefore a disparate impact or disproportionate burden will not occur as a
result of the planned fare increase. On
May 23, 2013, the Palm Tran Service Board recommended approval for the service
improvements and supports the need for this fare increase. Countywide (DR)
* * * * * * * * * * * *
AUGUST 13, 2013
A. ADMINISTRATION
1. Staff recommends
motion to adopt: Resolution of the Board
of County Commissioners of Palm Beach County, Florida, requesting aggressive flood control improvement
efforts from the South Florida Water Management District (SFWMD) and the United
States Army Corps of Engineers (USACE). SUMMARY: In 2012, there was extensive flooding in the
wake of Tropical Storm Isaac in central Palm Beach County. Recent improvements
to SFWMD facilities and pending enhancements such as acquisition of the Mecca
property should allow the SFWMD to reconsider permit limitations to allow
greater discharges during storm events to reduce the likelihood of flooding
incidents. The USACE has been engaged in making safety improvements to the Lake
Okeechobee dike, but this effort has been delayed. This Resolution encourages
these agencies to improve flood control and public safety. Countywide
(DN)
B. COMMUNITY SERVICES
1. Staff recommends motion to approve: Agreement with
Friends of Community Services, Inc. (Friends), a not-profit organization, establishing
a working relationship to enhance,
compliment and/or provide support for the resources and service capacity of the
Department of Community Services with an effective date of August 13, 2013. summary: Friends was initially incorporated in 1993 as the Governor’s Council
for Community Health Partnerships (GCCHP) to improve community health and
wellness by linking public/private partnerships, housed at the Palm Beach
County Health Department. Their mission
and Board composition has been restructured to align in support of the needs of
low-income and underserved residents of the County. The Agreement defines and
develops the working partnership between the Board of County Commissioners and
the Friends to enhance, compliment and/or
provide support for the Department of Community Services to meet the needs of
low-income and/or underserved residents identified by the staff. The County will provide staff
support to Friends and provide office space at a Community Services location. The Friends will take a role in
activities that provide support for the programs within the Department in order
to augment available assistance. No County funding is required under this Agreement. (Community
Services) Countywide (TKF)
AUGUST 13, 2013
5. REGULAR
AGENDA
C. ECONOMIC SUSTAINABILITY
1. Staff recommends
motion to approve:
A) a Servicer Participation Agreement (Agreement)
with the Florida Housing Finance Corporation (FHFC) for participation in the
Unemployment Mortgage Assistance Program (UMAP) and the Mortgage Loan
Reinstatement Program (MLRP);
B) delegation of authority to the County
Administrator, or his designee, to execute all other documents necessary to
participate in these Programs;
C) a Budget Transfer of $25,000 from General Fund
Contingency Reserves to the Department of Economic Sustainability (DES) for
administrative costs associated with these Programs;
D) a Budget Amendment of $25,000 in the Economic
Development fund to cover administrative costs not reimbursed by these
Programs; and
E) a Budget Transfer of $25,000 in the Housing
& Community Development Fund to reduce the charge off amount.
Summary: The
FHFC is in receipt of funds from the United States Treasury Department under
the Emergency Economic Stabilization Act of 2008 (EESA). A portion of these funds are to be utilized
for programs that provide first mortgage assistance to eligible unemployed or
under-employed homeowners in attempts to prevent foreclosure. FHFC has created two Programs which are
eligible for this funding. The UMAP is
for homeowners who are unemployed or under-employed, and provides up to 12
months of first mortgage payments with a cap of $24,000. The MLRP is for homeowners who have returned
to work or who have recovered from under-employment, and provides a one-time
payment of up to $25,000 for mortgage reinstatement. Participating in these
Programs will allow the County, as a first mortgage lender, to receive payments
from FHFC on behalf of homeowners who become delinquent under their loans with
the County. Under the Agreement, the
County would be required to waive late charges and non-sufficient fund fees and
would not be permitted to charge administrative fees. Additionally, the County would be required to
provide loan performance data for all borrowers who receive assistance for a
period of 12 months. Under the terms of
the Agreement, the County will not be reimbursed for costs associated with
processing payments and conducting required monitoring. Since there are currently no grant funds that
will cover these costs, staff is requesting $25,000 in general funds to
administer these Programs. DES currently
has 23 mortgage delinquencies directly related to a loss of income within the
borrowers’ households. Should the number
of delinquencies significantly increase, staff will
seek direction from the Board regarding the need for additional funding and
whether the Board desires to continue participation in these Programs. Countywide
(TKF)
AUGUST 13, 2013
5. REGULAR
AGENDA
D. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve an Interlocal Agreement with the Town of
Palm Beach (Town) to cost share on the completion of a joint Army Corps of
Engineers (ACOE) required Environmental Impact Statement (EIS) for the proposed
erosion control projects known as the Reach 8 South End Palm Beach Restoration
Project and the Central Palm Beach County Comprehensive Erosion Control Project
(Project);
B) approve a Letter of Agreement (LOA) between the
ACOE, Town, and Third Party Contractor (TPC), Coastal Planning &
Engineering, Inc. (CPE) (a CB&I Company);
C) authorize the Mayor to sign the Palm Beach Island
Beach Management Agreement (BMA) with the Town of Palm Beach, the Florida Fish
and Wildlife Conservation Commission, and the Florida Department of
Environmental Protection (DEP) to coordinate beach management activities;
D) authorize
the Mayor to sign an
Interlocal Agreement with the Town to provide a mechanism for the Town and the
County to implement the cell-wide obligations and commitments of the BMA; and
E) approve
Budget Amendment in the
Beach Improvement Fund to recognize a $43,351 contribution from the Town of
South Palm Beach (R2007-0796) and a contribution of $216,758 to the Town of
Palm Beach.
SUMMARY: Both the Town and the County are evaluating erosion control alternatives
for their respective projects on the shoreline between the Lake Worth Pier and
northern Manalapan. The ACOE has
determined that an EIS will be required for both projects. Due to the multi-jurisdictional nature of the
EIS, and the significant savings possible because of economies of scale, the
Town and the County will partner to hire one contractor (CPE) to perform the
EIS for the entire shoreline length. The BMA is an agreement intended to
coordinate and facilitate flexible permitting for beach management and to
achieve net ecosystem benefits and related public objectives for the area. The Agreement Area is generally defined by
the boundaries of the coastal cell located within the coastal system of Palm
Beach Island. The BMA Interlocal Agreement provides for administration and
funding of the BMA monitoring and mitigation requirements by the Town with
specific data collection by the County. District
4 (SF)
E. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to adopt: a Resolution establishing a Contractor Enrollment
Agreement and authorizing the County Administrator or his designee to execute
the Agreement. SUMMARY: This
Agreement creates a contractor enrollment program whereby participating
municipalities within the County can utilize the construction contractor
information obtained by the County rather than having a separate enrollment
program and sets forth the terms and conditions of the program. The program will benefit local construction
contractors by allowing them to do business with all participating
jurisdictions after enrolling with the County. Countywide (SF)
AUGUST 13, 2013
5. REGULAR
AGENDA
F. OFFICE
OF THE INSPECTOR GENERAL/ADMINISTRATION
1. ADD ON: Staff requests direction: regarding FY 2014 funding for the Office of Inspector General (OIG). Summary: The proposed FY 2014 budget submitted by the Inspector General is $3.7 million. This budget includes 40 positions, of which 23 are currently filled. The funding source for this budget is the County, Children Services Council, Solid Waste Authority, and municipalities. The proposed FY 2014 budget assumes municipalities would fund $1.5 million of the total budget. As a result of the law suit brought by the municipalities regarding the OIG funding, it is unlikely that there will be any resolution that would provide the OIG with any significant municipal funding during FY 2014. Additionally, the Health Care District cancelled their agreement resulting in a loss of revenue of $298,000. If the OIG budget was reduced to only fund the currently filled positions (23), the total budget would be $2.75 million. To maintain staffing at the existing level, an additional $687,000 would be required from the County’s General Fund. No funds are currently available in the FY 2014 budget at this time. If the Board chooses to fund this request, amendments to the FY 2014 proposed budget will be included in the 1st Public Hearing scheduled for September 9th. These amendments would increase the funding contribution from the County and reduce the overall budget to reflect only the 23 filled positions. Should the Board take this action, the 17 currently vacant positions will be reinstated once the municipal funding is implemented. Without the additional funding from the County, the Inspector General will need to layoff six (6) employees by September 27th and another three (3) by December 27th. Countywide (LB)
* * * * * * * * * * * *
AUGUST 13, 2013
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
AUGUST 13, 2013
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
AUGUST 13, 2013
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District 2 – COMMISSIONER PAULETTE
BURDICK
ADD-ON: Request Board approval to present off-site, a
Proclamation declaring August 26, 2013 as “Women’s Equality Day” in Palm Beach
County. (Sponsored by Commissioner Burdick)
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, MAYOR
E. District
5 - COMMISSIONER MARY LOU BERGER
Request approval to present off-site, a Proclamation declaring
August 11 – 17, 2013 as “National Forensic Science Week” in Palm Beach County.
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE MAYOR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."