March 11, 2014 – 9:30 a.m.

FINAL                                                                     BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 11, 2014

PAGE             ITEM

 

15                    3E-4                REVISED TITLE & SUMMARY: Staff recommends motion to approve:  A)  Amendments to Contracts for Provision of Financial Assistance with the below listed agencies:…1)….2)….3)….4) Amendment to No. 02 to Contract for Provision of Financial Assistance with The Center for Family Services of Palm Beach County, Inc. (R2012-1508) (R2011-1772), increasing funding by $73,000 for a new total not to exceed amount of $219,000 for the period October 1, 2013, through September 30, 2014; and…B)  Contracts for Provision of Financial Assistance with the below listed agencies for the period October 1, 2013, through September 30, 2014, in an amount totaling $394,935;….1)….2). Summary:  Coalition for Independent Living Options needs to adjust their unit cost rate in their ALERT program due to incorrect unit rate calculation in the most recent contract extension.  The unit rate of $30.57 is based on financial analysis of the actual costs of the services provided.  Drug Abuse Treatment Association needs to modify their unit of service definition in the Walter D. Kelley Treatment Center as it was inaccurately defined in the most recent contract extension. Gratitude House needs to modify their unit of service definition in the Residential Treatment and Day Treatment programs as they were not clearly defined in the most recent contract extension. There are no changes to the contract amounts resulting from these amendments.  The Center for Family Services of Palm Beach County amendment and the contracts for City of Pahokee and Area Agency on Aging of Palm Beach/Treasure Coast contracts are part of the total $12,258,187 $12,258,186 approved by the Board of County Commissioners for the Financially Assisted Agencies Program for FY 2014. Countywide (TKF) (Community Services)

 

46                    5B-2                DELETED: REVISED TITLE & TIME CERTAIN:  

                                                TIME CERTAIN 1:30 P.M. 3:00 P.M.

Executive Session scheduled for 1:30 p.m. 3:00 p.m. in the McEaddy Conference Room to discuss collective bargaining with the Amalgamated Transit Union (ATU) Local 1577. (Closed Session) (Admin)

48                    5D-4               ADD ON: Staff  recommends motion to receive and file: update on Attracting and Retaining Major League Spring Training Facilities to the Southeast Florida Corridor.   SUMMARY:  On Thursday March 6, 2014, Staff met with owners of the Houston Astros and Washington Nationals (collectively “Teams”).  Staff from St. Lucie County were also in attendance. The overall purpose of the meeting was to exchange ideas on how additional Major League Baseball Spring Training teams could be attracted and retained in the Southeast Florida corridor.  The existing funding/legislative framework and siting opportunities and challenges (“Existing Conditions”) were discussed to solicit feedback from the teams on what changes can reasonably be made to the Existing Conditions to; 1) encourage additional spring training franchises locating in the southeast corridor, and 2) stabilize and sustain spring training into the future. A critical element to sustaining spring training in the long term is to not only identify funding for the construction of new stadium and/or expansion of existing stadiums but also for the renewal/replacement of existing stadiums. At the end of the meeting, the Teams indicated that they were very interested in continuing discussions and to that end wanted the County to pursue: 1) legislative changes, with their support, and 2) additional funding sources and strategies. The Teams stated that they have an interest in several sites and were going to move forward with their own evaluations. The Teams did stress that follow-up needs to be done expeditiously. (FDO Admin) Countywide (MJ) (FDO)

                                               

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 (*).


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MARCH 11, 2014

 

 

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 8)

 

3.         CONSENT AGENDA (Pages 9 - 43)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 44 - 45)

 

5.         REGULAR AGENDA (Pages 46 - 51)

            DELETED: TIME CERTAIN 1:30 P.M. 3:00 P.M. (Executive Session – Closed) McEaddy Conference Room (Page 46)

 

6.         BOARD APPOINTMENTS (Page 52)

 

7.         BOARD OF COUNTY COMMISSIONERS SITTING AS ENVIRONMENTAL CONTROL BOARD (Page 53)

 

8.         MATTERS BY THE PUBLIC – 2:00 P.M. (Page 54)

 

9.         STAFF COMMENTS (Page 55)

 

10.       COMMISSIONER COMMENTS (Page 56)

 

11.       ADJOURNMENT (Page 56)

 

 

 

 

* * * * * * * * * * *

MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 8

            2C-1   Certification of Appreciation to Dr. Richard Galeta

            2C-2   Scripps Florida’s First Decade of Discovery

            2C-3   Bicycle Month

            2C-4   Irish-American Heritage Month

            2C-5   Ethics Awareness Month

            2C-6   National Social Work Month

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 9

            3A-1    Interlocal Grant Agreement with City of South Bay to voluntary assist in funding the Office of Inspector General

            3A-2    Authorize Mayor to sign Certificate Regarding Matching Funds certifying the BCC will provide matching funds for Supervisor of Elections’ federal election activities grant

            3A-3    Reappointments to the Handicap Accessibility and Awareness Grant Review Committee

 

B. CLERK & COMPTROLLER

Page 10

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments, etc.

 

C. ENGINEERING & PUBLIC WORKS

Page 10

            3C-1   Assignment of Easements Rights to the Lake Worth Drainage District relative to University Drive

Page 11

            3C-2   Blanket approval for appraisal and acquisition of lands, rights-of-way, and easements for all FY 2014 project identified in the Five Year Road Program

            3C-3   Renewal of the civil engineering contracts with three firms

            3C-4   Contract with Johnson-Davis Incorporated for construction of the Kirk Road Bridge over the L-9 Canal

            3C-5   Contract with H & R of Belle Glade, Inc. for construction of the Hatton Highway Bridge over the M-2 Canal

Page 12

3C-6   Resolution to abandon public interest in certain streets and easements lying within the Plat of Sabal Grove

3C-7   Contract with R.J. Behar & Company, Inc. for structural engineering services on a task order basis

3C-8   Work Order No. 2013052-016 to mill and resurface Old Dixie Highway (NE 20th Street to Yamato Road)

3C-9   Resolution to execute Agreement with FEC Railway and FDOT for installation and maintenance of upgraded grade crossing on Center Street

3C-10 Payment to FEC Railway for railroad flagman required to facilitate survey along Old Dixie Highway

Page 13

3C-11 Deleted

3C-12 Contract with Dennis J. Leavy & Associates, Inc. for survey and mapping services on a task order basis

3C-13 Contract with Stantec Consulting Services, Inc. for design plans and construction bid documents relating to Flavor Pict Road (SR 7 to Lyons Rd)

3C-14 Maintenance Agreement for landscaping of a drainage tract with Villaggio Reserve Master Property Owners Association, Inc.           


MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

D. COUNTY ATTORNEY

Page 13

            3D-1   Settlement Agreement in personal injury case of Christine Lewis v. PBC

 

E. COMMUNITY SERVICES

Page 14

            3E-1    Authorize County Administrator or designee to execute data sharing agreements with the Early Learning Coalition of Palm Beach County

            3E-2    Ratify Mayor’s signature on Florida Department of Economic Opportunity Federally Funded Subgrant Agreement for the Low Income Home Energy Assistance Program

            3E-3    Business Associate Agreement with Area Agency on Aging under the HIPPAA Act

Page 15

            3E-4    Amendments and Contracts for provision of financial assistance with various agencies

Page 16

            3E-5    Contract with Friends of Community Services, Inc. for Summer Camp Scholarships

            3E-6    Contract with Invo Healthcare Associates, LLC for speech and language services to Head Start children

Page 17

            3E-7    Ratify Mayor’s signature on the 2013 U.S. Department of Housing and Urban Development Continuum of Care grant applications

Page 18

            3E-8    Contracts for provision of various homeless services with three agencies

 

F. AIRPORTS

Page 18

            3F-1    Contract with Precision Approach, LLC for airfield electrical improvements at Palm Beach County Glades Airport

Page 19

            3F-2    Resolution approving revised standard form Airline Service Incentive Program Participation Agreement

            3F-3    Tenth Amendment to Airline Operating and Lease Agreement with Air Canada

            3F-4    Eleventh Amendment to Airline Operating and Lease Agreement with Air Canada

            3F-5    License Agreement with Jet Aviation Associates, Ltd. For overflow parking of vehicles relative to the La Bella Macchina charity event

            3F-6    License Agreement with Centerport, Inc. for parking of trailers and vehicles in connection with Centerport’s cargo operation at PBIA

Page 20

            3F-7    Award Modification with Transportation Security Administration for law enforcement services at PBIA

            3F-8    Deleted

            3F-9    Joint Participation Agreement with FDOT for Master Plan update at PBIA

Page 21

            3F-10  Sixth Amendment to Retail Concession Agreement with Paradies-Palm Beach, LLC

            3F-11  Utility Easements with Bellsouth Telecommunications, Inc.; FPL and Declaration of Easement from WUD relative to new hangar facility for Galaxy Aviation

            3F-12  Estoppel Certificate to the Fixed Base Operator Lease Agreement for the Palm Beach County Park Airport with Galaxy Aviation of Lantana, Inc.

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET  -  None

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 22

            3H-1   Termination of a Community Development Block Grant Funding Agreement with the City of Pahokee relative to renovation of City gymnasium

            3H-2   Delegation of authority to execute all construction contracts for renewal/replacement projects at the Bill Bailey Community Center in Belle Glade


MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 23

3H-3   County Deed in favor of Southern Investments Partnership, LP

            3H-4   Extension to Lease with Bedner Farm, Inc. for continued agricultural use of 246 acres in the Ag Reserve

            3H-5   Contract with Ralph Della-Pietra, Inc. for new modular building at the Lake Worth West Community Center

 

I. ECONOMIC SUSTAINABILITY

Page 24

            3I-1     Amendment No. 001 with the City of Lake Worth correcting scrivener’s error

            3I-2     Amendment No. 001 with City of Pahokee to modify scope of work for the Community Center cafeteria generator project

            3I-3     Receive and file eight executed documents for the Department of Economic Sustainability

Page 25

            3I-4     Budget Amendments/Transfers relating to the Neighborhood Stabilization Program

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 25

            3K-1    Utility Work by Highway Contractor Agreement with FDOT relative to SR 812/Hooker Highway (SR 715 to SR 15)

            3K-2    Work Authorization No. 7 with Johnson-Davis, Inc. for sanitary sewer extension on Boardman Road and Crandon Avenue

Page 26

            3K-3    Change Order No. 1 with JCC Enterprises Labor, Inc. for the City of Pahokee Inflow & Infiltration improvements

            3K-4    Contract with T.V. Diversified, Inc. to construct the conversion of dry can lift stations 2013

            3K-5    Contract with Intercounty Engineering, Inc. for the Southern Region Water Reclamation Facility headworks bypass project

Page 27

            3K-6    Change Order No. 1 with Hinterland Group, Inc. for the Strategic Wastewater Infrastructure project

            3K-7    Change Order No. 1 with TV Diversified, Inc. for the South Bay Wastewater Life Station rehabilitation project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 27

            3L-1    Resolution relating to the Artificial Reef and Estuarine Enhancement Committee

Page 28

            3L-2    Interlocal Agreement with Florida Department of Health regarding Lantana Scrub Natural Area and adjacent lands controlled by DOH

            3L-3    Resolution authorizing Clerk to transfer funds from the Pollution Recovery Trust Fund to support the Native Canopy Education Program

            3L-4    Deleted

Page 29

            3L-5    Project Agreement with Florida Inland Navigation District for construction costs associated with a shoreline stabilization project along the Intracoastal Waterway adjacent to the Juno Dunes Natural Area

            3L-6    Receive and file three executed documents for the Department of Environmental Resources Management

Page 30

            3L-7    Amendment No. 5, Grant Agreement with FDEP and other actions associated with the Singer Island Shore Protection project


MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

Page 31

            3L-8    Work Order No. ERM 14C-02 and Budget Transfer/Amendment relating to the North Jupiter Flatwoods Natural Area

            3L-9    Contract No. 13104 with Florida Fish and Wildlife Conservation Commission relating to the Grassy Flats Restoration project

 

M. PARKS & RECREATION

Page 32

            3M-1   First Amendment with City of Belle Glade relative to Belle Glade Marina project

            3M-2   Second Amendment with City of Lake Worth relative to Lake Worth Beach Redevelopment project

            3M-3   Receive and file one Independent Contractor Agreement

Page 33

            3M-4   Budget Transfer to Burt Reynolds Park west side expansion project

            3M-5   Receive and file one Tee Time Advertising and Sales Agreement

Page 34

            3M-6   Ratify the signature of the Director of Parks and Recreation on the Florida Boating Improvement Program Grant Agreement relating to the Waterway Park project

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE

Page 35

            3P-1    Resolution relating to the Agricultural Enhancement Council

 

Q. CRIMINAL JUSTICE COMMISSION

Page 35

            3Q-1   Grant Adjustment Notices and Contracts relating to the Adult Drug Court Program

Page 36

            3Q-2   Grant Award Notices and budget amendments/transfers relating to the law enforcement exchange and ex-offender reentry programs

Page 37

            3Q-3   Contracts and Interlocal Agreements relative to the programs administered by the CJC

Page 38

            3Q-4   Interlocal Agreement with City of Riviera Beach to support the Civil Drug Court case management and substance abuse treatment services

            3Q-5   Budget Transfer/Amendment relative to Adult Drug Court services

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 38

            3S-1    Receive and file three standard agreements for Fire Rescue Department

Page 39

            3S-2    Budget Transfers relating to Mobile Incident Command Post

            3S-3    Budget Transfer to fund expansion of Fire Rescue Station N. 48

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 40

            3U-1   Amendments to contacts regarding digital ortho photography and planimetric mapping

            3U-2   Interlocal Agreement for network services with Village of Royal Palm Beach


MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

U. INFORMATION SYSTEMS SERVICES (Cont’d)

Page 41

            3U-3   Establishment of new cross-connect fee applicable as an additional “supplemental service” provided by ISS

            3U-4   Agreement for network services with Lake Worth Christian School Society, Inc.

            3U-5   Management Control Agreement with Palm Beach County Sheriff’s Office and Palm Beach County Law Enforcement Exchange, Inc.

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 42

            3X-1    Memorandum of Understanding with Florida Atlantic University allowing for Youth Affairs Division to provide clinical supervision to individuals seeking training and experience in family and youth counseling

            3X-2    Contract with Palm Beach County Disaster Recovery Coalition, Inc. to provide a Communications Symposium to the amateur radio operators

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT

Page 42

            3Z-1    Flexible Spending Plan Document reflecting current IRS guidelines

 

AA. PALM TRAN

Page 43

            3AA-1 Federal Transit Administration FY 2014 Certifications and Assurances

 

BB. SHERIFF

Page 43

            3BB-1 Grant Modification with the City of Miami relating to the MetaData Planner project

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 44

            4A       Resolution confirming special assessment roll for 14th Road South Gravity Sewer Main extension

            4B       Criminal Justice Commission Ordinance

Page 45

            4C       Palm Beach County Motor Vehicle Fuel Price Posting Ordinance

            4D       Various budget amendments and transfers reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses

 

 

 

REGULAR AGENDA

 

            COUNTY ATTORNEY

Page 46

            5A-1    Memorandum to Local Governments and Seven50 Consortium Members and Partners


MARCH 11, 2014

 

TABLE OF CONTENTS

 

 

REGULAR AGENDA CONTINUED

 

ADMINISTRATION

Page 46

            5B-1    Process for filling the position of County Administrator

            5B-2    Executive Session w/ATU – TIME CERTAIN 1:30 P.M. (Closed Session)

 

            ECONOMIC SUSTAINABILITY

Page 47

            5C-1   Resolution to submit an Intermediary Relending Program Application to the U.S. Department of Agriculture Rural Development

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 47

            5D-1   Amendment No. 1 with Town of Lake Park regarding expansion and renovation of the Lake Park Marina

Page 48

            5D-2   Resolution to convey the County’s interest in 0.42 acres of surplus property to the City of Delray Beach

            5D-3   Concessionaire Service Agreement with Loggerhead MarineLife Center, Inc. for management and operation of the Juno Beach Pier

 

            PLANNING, ZONING & BUILDING

Page 49

            5E-1    Resolution granting a County tax exemption for four historic properties (residential) located within the City of West Palm Beach

            5E-2    Resolution granting a County tax exemption for one historic property (commercial w/residential above) within the Town of Palm Beach

 

            PUBLIC SAFETY

Page 50

            5F-1    Vehicle for Hire Ordinance

 

            ENGINEERING & PUBLIC WORKS

Page 50

            5G-1   Sales surtax referendum

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 51

            5H-1   Purchase of two parcels of vacant land located south and southwest of the Hungryland Slough Natural Area


BOARD APPOINTMENTS  (Page 52)

 

BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD

(Page 53)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 54)

 

STAFF COMMENTS  (Page 55)

 

COMMISSIONER COMMENTS (Page 56)

 

ADJOURNMENT (Page 56)

 


MARCH 11, 2014

 

 

2C.      SPECIAL PRESENTATIONS – 9:30 A.M.

 

            1.         Certificate of Appreciation presented to Dr. Richard Galeta. (Sponsored by Mayor Taylor)

 

 

2.         Proclamation declaring March 11, 2014 as “Scripps Florida’s First Decade of Discovery” in Palm Beach County. (Sponsored by Commissioner Valeche)

 

 

3.         Proclamation declaring March 2014 as “Bicycle Month” in Palm Beach County. (Sponsored by Commissioner Vana)

 

 

4.         Proclamation declaring March 2014 as “Irish-American Heritage Month” in Palm Beach County. (Sponsored by Commissioner Valeche)

 

 

5.         Proclamation declaring March 2014 as “Ethics Awareness Month” in Palm Beach County. (Sponsored by Mayor Taylor)

 

 

6.         Proclamation declaring March 2014 as “National Social Work Month” in Palm Beach County. (Sponsored by Mayor Taylor)

 

 

 

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


MARCH 11, 2014

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: an Interlocal Grant Agreement with the City of South Bay to voluntarily assist in funding the Office of Inspector General Operations. SUMMARY: The Agreement provides a means for the City of South Bay to voluntarily provide biannual grant payments to Palm Beach County to assist in funding Office of Inspector General.  The payments equal the amount of funding the City would have paid pursuant to the cost apportionment method outlined in the Inspector General Ordinance.  The total annual payment for South Bay for FY 2014 equals $1,699. District 6 (LB)

 

 

2.         Staff recommends motion to authorize: the Mayor to sign the Certificate Regarding Matching Funds certifying that the Board of County Commissioners will provide matching funds in the amount of $21,874.14 for the Supervisor of Elections’ Federal Election Activities grant for FY 2014.  SUMMARY:  The 2013 Florida Legislature appropriated funds specifically for federal election activities. These funds are distributed to the Supervisors of Elections pursuant to a formula based on active registered voters in each county.  Palm Beach County’s share of the State funding is $145,827.63.  The County is required to provide a 15% match of $21,874.14 which is included in the SOE’s FY 2014 budget.  Countywide (DNM)

 

 

3.         Staff recommends motion to approve: reappointment of five at-large members to the Handicap Accessibility and Awareness Grant Review Committee (Committee) for a term beginning March 11, 2014, through March 10, 2016, these are at-large appointments to be made from the following list of nominees:

 

Reappointments:                   Seat No.          Nominated by:

Tomas Boiton                                1                 Mayor Taylor; Vice Mayor Burdick; Commissioners Valeche; Vana; Abrams; Berger; Santamaria

 

Linda Warren                               2                 Mayor Taylor; Vice Mayor Burdick; Commissioners

Valeche; Abrams; Berger; Santamaria

 

Jerome Goldstein                         3                 Mayor Taylor; Vice Mayor Burdick; Commissioners

Valeche; Abrams; Berger; Santamaria

 

Thomas Hogarth                           5                 Mayor Taylor; Vice Mayor Burdick; Commissioners Valeche; Abrams; Berger; Santamaria

 

William Lapp                                 4                  Mayor Taylor; Vice Mayor Burdick; Commissioners

                                                                        Valeche; Vana; Abrams; Berger; Santamaria

                                                                                   

SUMMARY:    The appointees are current at-large members of the Committee. They have all expressed an interest in reappointment and have met the attendance requirements during the current term.  This Committee is comprised of nine members. All members must be residents of Palm Beach County and a person with disability or advocate for persons with disabilities.  The Committee meets quarterly.  All terms expired on January 23, 2014. All appointments are for a term of two years and are at-large.   Mr. Lapp has disclosed that he serves on the board of directors for the Florida Outreach Center of the Blind, where his wife is the executive director. Disclosure of this relationship is being provided in accordance with the provision Sect. 2-443, of the Palm Beach County Ethics Commission dated September 14, 2011 which opined that Mr. Lapp is not prohibited from serving on this Committee. The advisory opinion is attached to the Agenda Item. Additionally, the Committee provides no regulation, oversight, management, or policy-setting recommendations regarding those three non-profit agencies. A memorandum was sent to the Board of County Commissioners on February 13, 2014. Countywide (DO)

 

MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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:

 

Meeting Type                                              Meeting Date

Zoning                                                           January 9, 2014

Regular                                                          January 14, 2014

Environmental Control Board                    January 14, 2014

Comprehensive Plan                                  January 27, 2014

Workshop                                                      January 28, 2014

Zoning                                                           January 30, 2014

Regular                                                          February 4, 2014

Environmental Control Board                    February 4, 2014

Child Care Facilities Board                                    February 4, 2014

Palm Tran Board of Directors                    February 4, 2014

 

 

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 August 2013.  Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: an Assignment of Easement Rights to the Lake Worth Drainage District (LWDD) for the Palm Beach County (County) drainage easement, reserved by the County, in the abandonment of the University Drive right-of-way.  SUMMARY: Approval of this Assignment of Easement Rights will transfer to LWDD the existing 30 foot wide drainage easement. This drainage easement was reserved as part of Resolution No. R2009-1546 recorded in Official Record Book 23451/Page 1149 thru 1173.  LWDD has requested that the 30 foot wide drainage easement be assigned to them since it is adjacent to their E-1 WS Canal and would help facilitate their canal operations and maintenance.  District 5 (MRE)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a blanket approval for appraisal and acquisition of the lands, rights-of-way, and easements for all Fiscal Year 2014 projects as identified in the Five Year Road Program annual update, as adopted on December 17, 2013; and

 

B) the employment of all experts, including but not limited to real estate appraisers, engineers, certified public accountants, business damage experts, and other experts, deemed necessary to appraise and acquire the before mentioned lands, rights-of-way and easements.

 

            SUMMARY:  On December 17, 2013, the Board of County Commissioners adopted the annual update of the Five Year Road Program for Fiscal Year 2014 through Fiscal Year 2018. Approval of this item will provide for the acquisitions necessary to accomplish the road goals set therein.  Countywide (MRE)

 

 

3.         Staff recommends motion to approve:  the renewal of the civil engineering annual agreements with Civil Design, Inc. (CDI), R2013-0413, Michael B. Schorah & Associates, Inc. (Schorah), R2013-0414, and Simmons & White, Inc. (S&W), R2013-0415 (Firms), all whose original agreements were dated April 16, 2013.  SUMMARY:  Approval of these renewal agreements will extend the required professional services for one year, on a task order basis.  The renewal agreements with these Firms will continue for the period from April 16, 2014, through April 15, 2015.   These are the first renewals of two possible one year renewals contemplated in the original agreements.  The Firms are all Palm Beach County companies and are certified Small Business Enterprises. Countywide (MRE)

 

 

4.         Staff recommends motion to approve:

 

A) a Contract with Johnson-Davis Incorporated (Johnson) in the amount of $594,379 for the construction of Kirk Road Bridge over Lake Worth Drainage District’s L-9 Canal (Project); and

 

B) a Budget Amendment in the amount of $87,625 in the Transportation Improvement Fund to recognize reimbursement funding from the Village of Palm Springs and appropriate it to the Project.

 

SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to Johnson, a Palm Beach County company, to begin construction of the Project.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall.  The SBE participation proposed for the Project by Johnson is 15.41%. District 3 (MRE)

 

 

5.         Staff recommends motion to approve:  a Contract with H & R of Belle Glade, Inc. (H & R) in the amount of $2,466,952.01 for the construction of Hatton Highway Bridge over the Pahokee Water Control District M-2 Canal (Project).  SUMMARY: Approval of this Contract will allow Palm Beach County to issue a notice to proceed to H & R, a Palm Beach County company, to begin construction of the Project.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15% overall.  The SBE participation proposed for the Project by H & R is 45.33%. District 6 (MRE)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         Staff recommends motion to adopt: a Resolution to abandon any public interest in all those certain streets and easements lying within the Plat of Sabal Grove, as recorded in Plat Book 110, Pages 52 through 54, Public Records of Palm Beach County, Florida and vacate all of the Plat of Sabal Grove, as recorded in Plat Book 110, Pages 52 through 54, Public Records of Palm Beach County, Florida.  SUMMARY: Adoption of this Resolution will allow the petitioner, K. Hovnanian T&C Homes at Florida, LLC, to abandon these streets and easements and vacate this plat to allow for replatting. The petition site is located west of Military Trail and south of Lantana Road. District 3 (MRE)

 

 

7.         Staff recommends motion to approve: a Contract with R.J. Behar & Company, Inc. (RJB), to provide the necessary professional services for structural engineering projects on a task order basis for Palm Beach Countywide (County) projects, as required. SUMMARY: Approval of this Contract will provide the necessary professional services for structural engineering throughout the County for all user Departments.  At the option of the County, this contract may be renewed annually for a period of one year, with a maximum of two renewals.  RJB is a Palm Beach County company and a Minority/Women Business Enterprise. Countywide (MRE)

 

 

8.         Staff recommends motion to approve: Work Order No. 2013052-016  (Work Order) in the amount of $581,000 to mill and resurface Old Dixie Highway from Northeast 20th Street to Yamato Road (Improvements), utilizing Palm Beach County’s (County) Annual Asphalt Milling and Resurfacing Contract R2013-0235 with Community Asphalt Corp.  SUMMARY: Approval of this Work Order will allow the contractual services necessary to construct the Improvements. Per County PPM CW-F-050, this Work Order exceeds the threshold relating to staff approvals of contracts, thus requiring the Board of County Commissioners’ approval. District 4 (MRE)

 

 

9.         Staff recommends motion to adopt: a Resolution authorizing execution of an Agreement with Florida East Coast Railway LLC (FEC) and Florida Department of Transportation (FDOT) for the installation and maintenance of upgraded grade crossing traffic control devices at the FEC crossing on Center Street, Crossing Number 272376-U.  SUMMARY: The FEC will install or have these improvements installed and the FDOT will reimburse the FEC for all installation costs.  Palm Beach County holds the license agreement with FEC for this crossing and will continue to pay 50 percent of the annual signal maintenance fees which is currently $1,701 for this Class III crossing. District 1 (MRE)

 

 

10.       Staff recommends motion to approve: Payment in the amount of $1,114.18 to Florida East Coast Railway LLC (FEC) for a railroad flagman that was required to facilitate a survey along Old Dixie Highway in order to determine the extent of the Palm Beach County (County) encroachment into the FEC right-of-way.  SUMMARY: This approval will authorize payment for the services of the flagman that was required by FEC for the County to survey along Old Dixie Highway between Yamato Road and Linton Boulevard to ascertain the limits and extent of the County’s encroachment into the FEC right-of-way.  As the survey was needed to verify an existing condition, and as there is no current agreement with the FEC to authorize payment as required by the County Finance Department, therefore, approval from the Board of County Commissioners is required in order to pay the outstanding invoice. District 4 (MRE)

 

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

11.       DELETED

 

 

12.       Staff recommends motion to approve: a Contract with Dennis J. Leavy & Associates, Inc. (DJL), to provide the necessary professional services for survey and mapping projects on a task order basis for Palm Beach Countywide (County) projects, as required. SUMMARY: Approval of this Contract will provide the necessary professional services for survey and mapping throughout the County for all user departments.  At the option of the County, this contract may be renewed annually for a period of one year, with a maximum of two renewals.  DJL is a Palm Beach County company and a certified Small Business Enterprise (SBE). Countywide (MRE)

 

 

13.       Staff recommends motion to approve: a Contract in the amount of $458,483.94 with Stantec Consulting Services, Inc. (SCS), for professional services for the Flavor Pict Road from State Road 7 to Lyons Road project (Project).  SUMMARY: Approval of this Contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project.  SCS has an office in Palm Beach County.  The Small Business Enterprise (SBE) goal for the Project is 15%.  SCS has committed to 32% SBE participation for this Project. District 5 (MRE)

 

 

14.       Staff recommends motion to approve:  a Maintenance Agreement for landscaping of a drainage tract (Agreement) for a Palm Beach County (County) storm-water management area which serves Hagen Ranch Road, located between Atlantic Avenue and Lake Ida Road.  SUMMARY:  Approval of this Agreement will allow the Villaggio Reserve Master Property Owners Association, Inc. (Association) to enhance the appearance of an existing County storm-water management area.  The Association desires to add additional sod, remove fencing, and provide for further maintenance to improve the appearance of the County storm-water management area. District 5   (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of $85,000 in the personal injury action styled Christine Lewis v. Palm Beach County, Case No. 502013CA008047XXXXMB(AA).  SUMMARY:  On July 23, 2012, the Plaintiff, Christine Lewis, was picking up her grandson at Dyer Park, located at 7301 Haverhill Road, in West Palm Beach.  Ms. Lewis slipped and fell on an asphalt walking path where water was ponding.  Ms. Lewis fractured her ankle and has two seven-hole plates with screws in the bone to support her ankle.  An Independent Medical Exam found there was a 5% permanent impairment rating and future medical treatment required.  Ms. Lewis, through her attorney, filed an Offer of Judgment in the amount of $130,000 and the offer was rejected by the County.  A settlement was reached subject to the approval of the Board of County Commissioners for $85,000, inclusive of attorney’s fees and costs.  Staff, including the Risk Management Roundtable, concurs that this settlement is in the best interest of Palm Beach County.  Countywide (PM)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to authorize: the County Administrator or his designee to execute data sharing agreements with the Early Learning Coalition of Palm Beach County, The School Board of Palm Beach County, Children’s Services Council of Palm Beach County, Family Central, Inc., and Lutheran Services Florida, Inc.  Summary:  The data sharing collaboration being requested will include, but not be limited to educational assessments, participant application information, income verification documents, program eligibility, health disability and inclusion records. This agreement will assist the Head Start program in its efforts to increase recruitment for qualified families and ensure a seamless transition to a new grantee in order to continue providing services to infants and toddlers. Federal and State initiatives encourage the development of collaborative agreements between agencies. These agreements will reduce duplication of services; facilitate improved service delivery for infants and toddlers and more effectively utilize available resources. No County funds are required. (Head Start) Countywide (TKF)

 

 

2.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement, for the period March 1, 2014, through March 31, 2015, in an amount not to exceed $3,213,801, for the Low Income Home Energy Assistance Program (LIHEAP) contract; and

 

B) approve Budget Amendment of $1,248,544 in the Low Income Home Energy  Assistance Program Fund to reconcile the budget with grant award.

 

Summary:  LIHEAP funds of $3,213,801 will enable the Community Action Program to provide assistance to approximately 10,000 low income households with energy bills and crisis assistance to prevent service disconnection or to restore utility services. This represents a $716,713 decrease from the previous year which will result in requesting $110,000 in FY ‘15 budget process to cover previously subsidized staff salaries.  No other County funds are required. (Community Action Program) Countywide (TKF)

 

 

3.         Staff recommends motion to receive and file:  the Business Associate Agreement between DOSS and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA).  SUMMARY: Under the U.S. Health Insurance Portability and Accountability Act (HIPAA) of 1996, a HIPAA business associate agreement involves a HIPAA covered entity and a HIPAA business associate. The agreement protects personal health information in accordance with HIPAA guidelines. The Board of County Commissioners (BCC) has delegated authority to Brad Merriman, Assistant County Administrator to sign these agreements relating to HIPAA. This item is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive the executed agreement. (DOSS) Countywide (TKF)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         REVISED TITLE & SUMMARY: Staff recommends motion to approve:

 

A)  Amendments to Contracts for Provision of Financial Assistance with the below listed agencies:

 

1.    Amendment to No. 03 to the Contract for Provision of Financial Assistance with Coalition for Independent Living Options, Inc. (R2011-1499) to adjust the contract unit rate in the ALERT program;

 

2.    Amendment to No. 03 to the Contract for Provision of Financial Assistance with Drug Abuse Treatment Association, Inc. (R2011-1564) to modify the definition of the unit of service in the Walter D. Kelly Treatment Center/Adolescent Residential Services ;

 

3.    Amendment to No. 03 to the Contract for Provision of Financial Assistance with Gratitude House, Inc. (R2011-1566) to modify the definition of the unit of service in their Residential Treatment and Day Treatment programs; and

 

4.    Amendment to No. 02 to Contract for Provision of Financial Assistance with The Center for Family Services of Palm Beach County, Inc. (R2012-1508) (R2011-1772) , increasing funding by $73,000 for a new total not to exceed amount of $219,000 for the period October 1, 2013, through September 30, 2014; and

 

B)  Contracts for Provision of Financial Assistance with the below listed agencies for the period October 1, 2013, through September 30, 2014, in an amount totaling $394,935;

 

1.    City of Pahokee, for Fresh Start in an amount not to exceed $131,364; and

 

2.    Area Agency on Aging of Palm Beach/Treasure Coast, Inc., for Federal mandatory match funds in an amount not to exceed $263,571.

 

Summary:  Coalition for Independent Living Options needs to adjust their unit cost rate in their ALERT program due to incorrect unit rate calculation in the most recent contract extension.  The unit rate of $30.57 is based on financial analysis of the actual costs of the services provided.  Drug Abuse Treatment Association needs to modify their unit of service definition in the Walter D. Kelley Treatment Center as it was inaccurately defined in the most recent contract extension. Gratitude House needs to modify their unit of service definition in the Residential Treatment and Day Treatment programs as they were not clearly defined in the most recent contract extension. There are no changes to the contract amounts resulting from these amendments.  The Center for Family Services of Palm Beach County amendment and the contracts for City of Pahokee and Area Agency on Aging of Palm Beach/Treasure Coast contracts are part of the total $12,258,187 $12,258,186 approved by the Board of County Commissioners for the Financially Assisted Agencies Program for FY 2014. Countywide (TKF)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to approve:

 

A)  Contract for Provision of Services with Friends of Community Services, Inc. for the period March 1, 2014, through September 30, 2014, in an amount not to exceed $442,979 for Summer Camp Scholarships;

 

B)  Budget Transfer of $8,750 in the General Fund from Division of Human Services to Financially Assisted Agencies Program to fund the administrative cost associated with delivering the program.

 

Summary:  The Summer Camp Scholarship Program pays full tuition and associated fees for eligible children to attend day camp during the summer months. Palm Beach County Board of County Commissioners has allocated $434,229, in the current year budget to fund summer camp scholarships for eligible children.  Friends of Community Services, Inc. (Friends) receives these funds, which are matched by Children’s Services Council of Palm Beach County, in addition to other grants and private donations.  Combined, these funds result in the ability to provide 1,700 scholarships to Palm Beach County children to attend over 85 camps.  Friends processes payments to the specific Summer Camp vendors based on invoices from the Division of Human Services.  Friends maintains financial records, reports of payments and receipts for Summer Camp funding which is audited annually. (Human Services)  Countywide (TKF)

 

 

6.         Staff recommends motion to approve: Contract for Consulting/Professional Services with Invo Healthcare Associates, LLC, for the period March 11, 2014, through September 30, 2014, in an amount not to exceed $12,000, for speech and language services to Head Start children.  Summary: The Division of Head Start has received funds from the Department of Health and Human Services to provide various services to Head Start and Early Head Start children.  As a result, Head Start is contracting with Invo Healthcare Associates, LLC to provide speech and language services to Head Start children.  The contract includes a termination provision allowing for cessation of services immediately upon written notice.  Services will be funded with $8,173 in Federal funds and $3,827 in County funds. Sufficient funding is included in the current budget to meet County obligations. (Head Start) Countywide (TKF)


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to:

 

A)  ratify signature of the Mayor on the 2013 U.S. Department of Housing and Urban Development (HUD) Continuum of Care (CoC) grant applications for the below-listed projects:

 

1.  Palm Beach County CoC Planning Project 2013, for the period January 1, 2015, through December 31, 2015, in an amount of $87,103 for the coordination of planning activities related to ending homelessness;

 

2.  Flagler Project, for the period May 23, 2014, through May 22, 2015, in an amount of $389,560 to provide 32, one-bedroom apartments for single adults suffering from mental illness;

 

3.  Project Northside, for the period July 22, 2014, through July 21, 2015, in an amount of $79,548 to provide seven one-bedroom apartments for single adults suffering from mental illness;

 

B)  delegate signature authority to the County Administrator, or his designee, to sign the 2013 CoC Program Grant Agreements for the Palm Beach County CoC Planning Project, the Flagler Project and Project Northside grants;

 

C)  delegate signature authority to the County Administrator, or his designee, to sign the subcontract with The Jerome Golden Center for Behavioral Health, Inc., for the period May 23, 2014, through May 22, 2015, in an amount of $389,560 for the Flagler Project grant;

 

D)  delegate signature authority to the County Administrator, or his designee, to sign the subcontract with The Jerome Golden Center for Behavioral Health, Inc., for the period July 22, 2014, through July 21, 2015, in an amount of $79,548 for the Project Northside grant;

 

E) approve Budget Amendment of $312,051 in the HUD - Housing and Urban Development fund to align the grant awards with the County budget.

 

Summary:  The Palm Beach County CoC Planning Project grant will provide funding for the coordination of activities related to ending homelessness.  A 25% cash match of $17,421 is required and will be requested during the FY2015 budget process.  The Flagler Project, a Shelter Plus Care grant, will provide apartments for single adults suffering from mental illness. No County match funds are required but a 25% required match of $97,390 will be provided by The Jerome Golden Center for Behavioral Health, Inc.  The Project Northside, also a Shelter Plus Care grant, will provide apartments for single adults suffering from mental illness. No County match funds are required but a 25% required match of $19,887 will be provided by The Jerome Golden Center for Behavioral Health, Inc. (Human Services) Countywide (TKF)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

8.         Staff recommends motion to approve: Contracts for Provision of Services with the below-listed agencies for the period January 1, 2014, through December 31, 2014, in an amount totaling $524,148, for services to homeless individuals:

 

A) Gulfstream Goodwill Industries, Inc., in an amount not to exceed $292,398 for supportive housing;

 

B) Gulfstream Goodwill Industries, Inc., in an amount not to exceed $66,030 for supportive services;

 

C)  The Jerome Golden Center for Behavioral Health, Inc., in an amount not to exceed $82,860 for supportive services; and

 

D)  Comprehensive Alcoholism Rehabilitation Programs, Inc., in an amount not to exceed $82,860 for supportive services.

 

Summary:  These contracts will continue funding for 30 transitional housing beds and supportive services offered through Gulfstream Goodwill Industries, Inc., The Jerome Golden Center for Behavioral Health, Inc., and Comprehensive Alcoholism Rehabilitation Programs, Inc. (CARP) to provide staff for the Homeless Outreach Teams and related support services. Funds for these contracts are comprised of $444,439 from the U.S. Department of Housing and Urban Development (HUD) and $85,736 in County match for a total amount of $530,175. The contracts total $524,148 and the remaining balance of $6,027 is for non-contracted funds for administration and bus passes. Sufficient funding is included in the current budget to meet County obligations.  Thomas McKissack of The Jerome Golden Center for Behavioral Health, Inc. serves on the Palm Beach County HIV Care Council advisory board. This board provides no regulation, oversight, management, or policy-setting recommendations regarding the activities funded under the Jerome Golden Contract. Disclosure of this contractual relation at a duly notice public meeting is being provided in accordance with the provision of Sect. 2-443, of the Palm Beach County Code of Ethics. (Human Services)  Countywide (TKF)

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  a Contract with Precision Approach, LLC in the amount of $1,501,902 for the airfield electrical improvements at Palm Beach County Glades Airport (PHK).  SUMMARY:  This project was advertised utilizing the County’s competitive bid process.  On December 3, 2013, three bids were received for the Airfield Electrical Improvements at PHK.  Of the three bids, Precision Approach, LLC, a Putnam County, Georgia company has been identified as the lowest responsible/responsive bidder in the amount of $1,501,902. The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 11%.  Precision Approach, LLC is responsive to the DBE requirements. Florida Department of Transportation (FDOT) grant funding of $800,000 and Passenger Facility Charge (PFC) funding of $701,902 are being utilized to fund this project. Countywide (JCM)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends a motion to adopt:  a Resolution approving a revised standard form Airline Service Incentive Program Participation Agreement authorizing the County Administrator or his designee to execute and make certain amendments to the standard form agreements; repealing Resolution 2011-0491; and providing an effective date. SUMMARY: The proposed Airline Incentive Program allows greater flexibility in the type of airport fees to be waived.  Staff recommends this change in order to attract more non-stop service to Palm Beach International Airport, such as the non-stop Los Angeles service which commenced November 2013. The current agreement only allows for the waiver of gate charges and landing fees; the proposed agreement could allow for the waiver of facility rent and other charges as well. The Airline Incentive Program is available to any airline that begins non-stop flights to a destination that is not currently being served. The value of fee waivers extended to an airline will be commensurate with the importance of the flight under consideration. The Program only involves Airport revenues and has no impact to the General Fund or ad valorem revenues. Countywide (AH)

 

 

3.         Staff recommends motion to receive and file:  Tenth Amendment to Airline Operating and Lease Agreement with Air Canada (R2009-0081), replacing Exhibit “B” decreasing leasehold for the season, effective May 1, 2013.  SUMMARY:   Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2007-1968. Countywide (AH)

 

 

4.         Staff recommends motion to receive and file:  Eleventh Amendment to Airline Operating and Lease Agreement with Air Canada (R2009-0081), replacing Exhibit “B” increasing leasehold for the season, effective October 27, 2013. SUMMARY:   Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2007-1968. Countywide (AH)

 

 

5.         Staff recommends motion to receive and file:   License Agreement with Jet Aviation Associates, Ltd. (Jet) commencing January 22, 2014 and expiring January 24, 2014, for overflow parking of vehicles in connection with the annual La Bella Macchina charity event hosted by Jet at the Palm Beach International Airport (PBIA), at no cost to Jet.  SUMMARY:   Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070.  This License Agreement provides for the use of a portion of the parking area adjacent to the PBIA Air Cargo Building No. 1475 for use solely for the parking of vehicles in connection with Jet’s charity event.  Countywide (AH)

 

 

6.         Staff recommends motion to receive and file: License Agreement with Centerport, Inc. (Centerport) commencing January 1, 2014 and expiring December 31, 2014, for the parking of trailers and vehicles in connection with Centerport’s cargo operation at the Palm Beach International Airport (PBIA), for payment of a license fee in the amount of $162.50 per month.  SUMMARY:  Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070.  This License Agreement provides for the use of approximately 3,000 square feet space adjacent to the flight crew parking lot areas at PBIA, for use solely for the parking of trailers and vehicles in connection with Centerport’s cargo operation at PBIA.  Centerport is a tenant at Building 1300 and previously held a similar License Agreement that expired December 31, 2013 (R2013-0042). Countywide (AH)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to:

 

A) receive and file an Award Modification (Modification P00001) of Law Enforcement Officer (LEO) Reimbursement Program Other Transactional Agreement (OTA) HSTS0213HSLR043 with the Transportation Security Administration (TSA) in the amount of $175,200 for law enforcement services at Palm Beach International Airport; and

 

B) approve a Budget Amendment in the Airport’s Operating Fund, to recognize the remaining $42,400 of grant funding from the TSA; and an increase to Airport’s Reserve in the amount of $42,400.

 

SUMMARY:  Delegation of authority for execution of the initial OTA was approved by the Board of County Commissioners on August 14, 2012 (R2012-1093).  Countywide (AH)

 

 

8.         DELETED

 

 

9.         Staff recommends motion to:

 

A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $250,000 for the Master Plan Update at Palm Beach International Airport (PBIA).  The grant expiration date is April 30, 2016; and

 

B) approve a Budget Amendment of $250,000 in the Airport Improvement and Development Fund to recognize the receipt of a grant from the FDOT.

 

SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $250,000 or 12.5% of the eligible project costs, whichever is less. Countywide (AH)

 

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

 

10.       Staff recommends motion to approve:  a Sixth Amendment (Amendment) to Retail Concession Agreement with Paradies-Palm Beach, LLC (Paradies), providing for addition of a new retail concept at Concourse A, and a mobile kiosk.  SUMMARY:  Paradies provides retail concession services at Palm Beach International Airport (PBIA) pursuant to a Retail Concession Agreement, as amended (Agreement) (R2007-2052).  Paradies is a Florida limited liability company with a principal place of business in Atlanta, Georgia.  The Amendment provides for the addition of a new retail concept at Concourse A (Coastal News), and for a new mobile kiosk that will provide Paradies with flexibility to go directly to customers in gate areas of the concourses.  The Amendment updates the standard contract provision pertaining to the Inspector General.  Countywide (AH)

 

 

11.       Staff recommends motion to approve:

 

A) Utility Easement with Bellsouth Telecommunications, Inc., d/b/a AT&T Florida (AT&T) for telecommunication facilities to service new hangar facilities being constructed by Galaxy Aviation of Palm Beach, Inc. (Galaxy Aviation) at the Palm Beach International Airport (PBIA);

 

B) Utility Easement with Florida Power & Light Company (FPL) for electric utility facilities to service new hangar facilities being constructed by Galaxy Aviation at PBIA; and

 

C) Declaration of Easement with Palm Beach County Water Utilities Department (PBCWUD) for water utility facilities to service new hangar facilities being constructed by Galaxy Aviation at PBIA.

 

SUMMARY:  AT&T, FPL, and PBCWUD require easements in order to provide utility services to new hangar facilities currently under construction by Galaxy Aviation at PBIA. Countywide (HJF)

 

 

12.       Staff recommends motion to receive and file:  Estoppel Certificate (Exhibit D) to the Fixed Base Operator Lease Agreement for the Palm Beach County Park Airport with Galaxy Aviation of Lantana, Inc. entered into December 17, 2013 (Lease).  SUMMARY: Delegation of authority for execution of the Estoppel Certificate was approved by the Board in R2013-1795. Countywide (AH)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:

 

A) Termination of a Community Development Block Grant (CDBG) Funding Agreement (R2010-2109) with the City of Pahokee;

 

B) Approach to renovation of the Pahokee Gymnasium; and

 

C) Delegation of authority to the County Administrator or his designee for execution for all contracts required for the project with a cumulative value not to exceed $408,400.00 (Phase 1).

 

SUMMARY: On December 21, 2010, the County entered into an Agreement (R2010-2109) with the City of Pahokee which was amended three times (R2011-1791 dated November 15, 2011, R2012-1889 dated December 8, 2012, R2013-0910 dated July 16, 2013). The Agreement as amended provides $587,561 in Community Development Block Grant (CDBG) funds for the renovation of the High School Gymnasium located at 360 East Main Street, Pahokee.  The City has attempted to timely implement this project; however, the project has been delayed due to a lengthy asbestos abatement process, and several changes in the scope of work in an effort to bring the cost within budget. The City has requested that the County’s Facilities Development & Operations Department (FDO) implement the project using the $490,318.00 remaining unexpended funds. Terminating this Agreement will allow the County to undertake the project on behalf of the City. These are Federal CDBG funds which require no local match, however, the County did approve an additional $175,000 in ad valorem funds be allocated to this project as part of the FY 14 budget. FDO, together with the City, has developed an approach that will renovate the building envelope as Phase 1. This will provide for many recreational opportunities and facilitate public use in the shortest time while preserving the City’s option to make additional interior modifications with the limited remaining funding and/or when additional funding is made available. The delegation of authority will allow the design and construct contracts to be awarded expeditiously with the goal of completing Phase 1 before September 2014. (FDO Admin) District 6 (JM)

 

 

2.         Staff recommends motion to approve: delegation of authority to County Administrator or his designee to execute all construction contracts for a not-to-exceed amount of $570,000 for the Renewal/Replacement Projects at the Bill Bailey Community Center in Belle Glade.  SUMMARY:   Facilities Development & Operations Department will be receiving bids for renovations to the Bill Bailey Community Center (roof replacement, air conditioner replacement, gymnasium floor replacement, weatherproofing and painting, and other renovations) this month.  In order to expedite the start of the construction work, Staff is requesting the Board authorize the County Administrator or his designee to execute the construction contracts. As the replacement of the gymnasium floor will displace the Boys and Girls Club activities, authorizing the County Administrator to sign the construction contracts, will allow the work to begin immediately upon receiving and evaluating the bids.  This will also support the schedule that all the work is completed prior to June 1st so that the Boys and Girls Club may resume their intensive summer break use of the facility pursuant to their sub-lease (R2011-1595) with the least interruption to services. (FDO Admin) District 6 (JM)

 

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to receive and file: a County Deed in favor of Southern Investments Partnership, L.P. (Southern Investments).  SUMMARY:  On December 3, 2013 (R2013-1754), the Board approved a Deposit Receipt and Contract for Sale and Purchase with Southern Investments for the sale of a 10.73 acre parcel of County owned property known as Haverhill Linear Park, located in West Palm Beach for $1,005,429 and a County Deed conveying the subject property (R2013-1755).  Southern Investments’ surveyor pointed out that the legal description attached to the County Deed was somewhat ambiguous and should include additional language to the legal description in order to remove the ambiguity.  The County’s Survey Division agreed that the modified legal description is merely a clarification which describes the same property as the original description. Staff substituted the modified legal description at closing and this item merely updates the Minutes Department records.  (PREM) District 2 (HJF)

 

 

4.         Staff recommends motion to receive and file:  a notice of exercise of the 13th one-year extension option under the Lease with Bedner Farm, Inc. (R2001-0582) for Bedner Farm’s continued agricultural use of approximately 246 acres located in the Ag Reserve for $122,918.50/year.  SUMMARY:   Bedner Farm leases two parcels of property in the Ag Reserve from the County. One parcel is approximately 156 acres located just west of the Turnpike and north of Atlantic Avenue.  The other parcel is approximately 90 acres located west of U.S. 441 and north of Boynton Beach Boulevard.  The Lease currently expires on May 31, 2014.  Exercising this thirteenth option will extend the term to May 31, 2015.  There remain eighteen annual extension options through May 31, 2033.  The annual rental rate is currently $122,918.50/year ($500/acre).  Pursuant to the Lease, Bedner Farm has the right to exercise its option and the Board has no discretionary authority to deny the exercise of the option.  (PREM) Districts 5 & 6 (HJF)

 

 

5.         Staff recommends motion to approve:   Contract with Ralph Della-Pietra, Inc. in the amount of $277,749 to provide a new modular building located at the Lake Worth West Community Center.  SUMMARY:  The work consists of installing a new modular structure and supporting site improvements.  The new building will be used as a community space for after-school programs, computer education labs, English for Speakers of Other Languages (ESOL) classes, homework assistance and support, exercise classes, and community workshops.  This work was competitively bid with Ralph Della-Pietra, Inc. submitting the lowest responsive, responsible bid.  The funding for this project is entirely from the Countywide Community Revitalization Team (CCRT) Funding Account.  The total construction duration is 90 calendar days.  The goal for Small Business Enterprise (SBE) participation is 15%.  The SBE participation in this contract is 17%.  Ralph Della-Pietra, Inc. is an SBE, Palm Beach County company.  (Capital Improvements Division) District 3 (JM)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2013-1423) with the City of Lake Worth to correct a scrivener’s error. SUMMARY: On October 22, 2013, the County entered into an Agreement (R2013-1423) with the City of Lake Worth to provide $80,000 in Community Development Block Grant (CDBG) funds for the construction of a greenway/bikeway in the City of Lake Worth on 5th Avenue North from North A Street to North C Street.  This Amendment corrects one of several references in the Agreement to the location of the project from 10th Avenue South to 5th Avenue North. These are Federal CDBG funds which require no local match. (DES Contract Development) District 7 (TKF)

 

 

2.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2013-0760) with the City of Pahokee to modify the scope of work for the Community Center Cafeteria generator project and to extend the expiration date from June 30, 2014 to September 30, 2014. SUMMARY: On June 18, 2013, the County entered into an Agreement (R2013-0760) with the City of Pahokee to provide $43,118.80 in Community Development Block Grant (CDBG) funds for the purchase and installation of an emergency generator at the City’s Community Center Cafeteria.  The City has secured funding from another source to cover the cost of installing the generator.  This Amendment modifies the scope of work to delete CDBG funding for the installation of the generator thereby allowing the entire amount funded by the County to cover the purchase of the generator.  The Amendment also provides an additional three months to the term of the Agreement to allow the City to complete the project. These are Federal CDBG funds which require no local match. (DES Contract Development) District 6 (TKF)

 

 

3.         Staff recommends motion to receive and file: six Amendments to Agreements and two Memoranda of Understanding as follows:

 

A) Amendment No. 001 to a Loan Agreement (R2013-1808) with NOAH Development Corporation under the HOME Investment Partnerships (HOME) Program;

B) Amendment No. 001 to an Agreement (R2013-0385) with the Pahokee Housing Authority under the Neighborhood Stabilization Program 3 (NSP3);

C) Amendment No. 001 to an Agreement (R2013-0386) with HTG McClure LLC under the Neighborhood Stabilization Program 3 (NSP3);

D) Amendment No. 005 to an Agreement (R2012-1252) with the City of Riviera Beach under the 2005 Disaster Recovery Initiative Program (DRI2);

E) Amendment No. 002 to an Agreement (R2012-1254) with the West Palm Beach Housing Authority under the Disaster Recovery Initiative Program (DRI4);

F) Amendment No. 004 to an Agreement (R2011-1796) with the West Palm Beach Housing Authority under the 2008 Disaster Recovery Initiative Program (DRI4);

G) Memorandum of Understanding with Janney Montgomery Scott, LLC; and

H) Memorandum of Understanding with Oppenheimer & Co., Inc.

 

SUMMARY:  In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  The attached Amendments and Memoranda of Understanding have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Items R2006-1351, R2009-1677, R2011-0082, 3I-3 and 5B-4, as approved by the Board of County Commissioners on July 18, 2006, October 6, 2009, January 11, 2011, July 2, 2013 and September 10, 2013, respectively.  These executed documents are now being submitted to the BCC to receive and file.  These are Federal HOME, NSP3, DRI2 and DRI4 funds which require no local match. (DES Contract Development) Districts 2, 6, 7/Countywide (TKF) (PFK)

 

MARCH 11, 2014

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) a Budget Transfer of $171,600 in the Neighborhood Stabilization Program (NSP3) Fund;

 

B) a Budget Amendment of $103,110 in the Neighborhood Stabilization Program 2 (NSP2) Fund to recognize the transfer; and

 

C) a Budget Amendment of $68,490 in the Home Investment Partnership Act (HOME) Fund to recognize the transfer.

 

Summary: The Department identified $171,600 in NSP2 and HOME funds that were expended on homeowner mortgage assistance that were equally eligible for expenditure under NSP3. These expenditures totaling $171,600 were made in FY2011-2012 and FY2012-2013 and as such require the Budget Transfer and Budget Amendments to allow the expenditures to be appropriately reflected under the NSP3 grant.  These transfers will assist with meeting the NSP3 expenditure deadline of March 11, 2014. Federal NSP2 and NSP3 grant funds do not require a local match while Federal HOME grant funds require a 25% local match which is provided with State Housing Initiatives Partnership Program grant funds. (FALS) Countywide (TKF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: a “Utility Work by Highway Contractor” Agreement with Florida’s Department of Transportation (FDOT) in the amount of $4,290. SUMMARY:  Florida’s Department of Transportation (FDOT) is proposing improvements to State Road 812/Hooker Highway from State Road 715 to State Road 15 in Belle Glade. These improvements will necessitate the adjustment of twelve Palm Beach County Water Utilities Department (PBCWUD) water/wastewater valve boxes. In order to include the adjustment of the valve boxes within the road improvement project, FDOT requires PBCWUD to enter into a “Utility Work by Highway Contractor” Agreement to reimburse FDOT for the said valve box adjustments in the amount of $4,290. (WUD Project No.14-035) District 6 (JM)

 

 

2.         Staff recommends motion to approve: a Work Authorization No. 7 for Sanitary Sewer Extension Phase II - Boardman Road and Crandon Avenue with Johnson-Davis, Inc. (R2013-0550) in the amount of $306,216.76. SUMMARY: On May 7, 2013, the Palm Beach County Board of County Commissioners approved the Pipeline Continuing Construction Contract (R2013-0550) with Johnson-Davis, Inc. This project includes new sanitary sewer on Boardman Road and Crandon Avenue in Mangonia Park. This project was approved by the BCC as part of the County's Federal Department of Housing and Urban Development FY 13-14 Action Plan. Water Utilities Department (WUD) will manage the project for the Town of Mangonia Park and receive reimbursement from the grant. These are Federal FY 13-14 Community Development Block Grant funds that require no local match.  The project will be constructed utilizing a Work Authorization under the WUD's Continuing Construction Contract with Johnson-Davis, Inc. (R2013-0550). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for SBE participation of 20.96%. This Work Authorization includes 26.5% overall participation. The cumulative SBE participation including this authorization is 17.89% overall. This project is included in the FY13-14 Capital Improvement Plan adopted by the Board of County Commissioners. Johnson-Davis, Inc. is a Palm Beach County company. (WUD Project No. 13-078) District 7 (JM)

 

 

MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) Change Order No. 1 to the Contract with JCC Enterprises Labor, Inc. (R2013-0160) for the City of Pahokee Inflow & Infiltration Improvements - Phase III Project; and

 

B) Final payment to JCC Enterprises Labor, Inc. (R2013-0160) in the amount of $56,885.85.

 

Summary: On February 5, 2013,  the Palm Beach County Board of County Commissioners approved the Water Utilities Department Construction Contract for the City of Pahokee Inflow & Infiltration Improvements - Phase III (R2013-0160) with JCC Enterprises Labor, Inc. Change Order No. 1 includes a final adjustment of quantities resulting in a net decrease of $36,450.70 and provides JCC Enterprises Labor, Inc. with an 82 calendar day time extension for delays due to extensive rain and surcharged conditions in the sanitary sewer system. JCC Enterprises Labor, Inc. has satisfactorily completed all of the work associated with this project, and final payment in the amount of $56,885.85 is due. This project is funded by the State of Florida Department of Economic Opportunity through the Disaster Recovery Initiative Program. The prime contractor is MWBE (100% minority and 0% female participation). JCC Enterprises Labor, Inc. is not a Palm Beach County company. (WUD Project No. 12-049) District 6 (JM)

 

4.         Staff recommends motion to approve: a Contract with T.V. Diversified, Inc. to construct the Conversion of Dry Can Lift Stations 2013 in the amount of $1,672,284.  Summary: On October 17, 2013, five construction bids were received for the Conversion of Dry Can Lift Stations 2013, with T.V. Diversified, Inc. being the low responsive, responsible bidder in the amount of $1,672,284. WUD owns and operates over 800 wastewater lift stations as part of the wastewater collection system. Many of these lift stations have been in service for over 30 years, reaching the end of their useful life. WUD’s Capital Improvements Master Plan calls for the rehabilitation of approximately eight lift stations annually. This project will provide for the conversion of eight lift stations from dry can (outdated technology) to submersible type. Accordingly, Staff recommends award of this Contract to T.V. Diversified, Inc. in the amount of $1,672,284. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. This contract provides for 100% SBE participation. T.V. Diversified, Inc. is a Palm Beach County company. This project is included in the FY13-14 Capital Improvement plan adopted by the Board of County Commissioners. (WUD Project No. 13-001) District 5 (JM)

 

 

5.         Staff recommends motion to approve: a Contract with Intercounty Engineering, Inc. for the Southern Region Water Reclamation Facility (SRWRF) Headworks Bypass project in the amount of $1,930,000. SUMMARY: On December 18, 2013, five bids were received for Project No. WUD 12-015 to construct influent bypass piping around the pretreatment building at SRWRF, install bar screen assemblies and provide improvements at the aeration basins and Parshall flumes. The low bidder, Intercounty Engineering, Inc., is the lowest responsive, responsible bidder in the amount of $1,930,000. Accordingly, Staff recommends award of this contract to Intercounty Engineering, Inc., in the amount of $1,930,000. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract with Intercounty Engineering, Inc. provides for SBE participation of 16.04% overall. Intercounty Engineering, Inc. is not a Palm Beach company. This project is included in the FY13-14 Capital Improvement plan adopted by the Board of County Commissioners. (WUD Project No. 12-015) District 5 (JM)

 

 

MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

6.         Staff recommends motion to approve: Change Order No. 1 to the Contract with Hinterland Group, Inc. (R2012-1422) for the Strategic Wastewater Infrastructure Project Sewer Collection - City of Belle Glade. SUMMARY: On October 2, 2012, the Palm Beach County Board of County Commissioners approved the Water Utilities Department Construction Contract for the Strategic Wastewater Infrastructure Project Sewer Collection - City of Belle Glade (R2012-1422) with Hinterland Group, Inc. This Change Order No. 1 includes a final adjustment of quantities resulting in a net decrease of $191,650.92 and provides an 84 calendar day time extension for delays due to extensive rain and surcharged conditions in the sanitary sewer system. This project is funded by a grant from the Economic Development Administration. The Contract with Hinterland Group, Inc. provides 3.19% participation utilizing M/WBE certified suppliers (3.19% minority and 0.00% female participation). This Change Order includes no changes to the M/WBE participation. Hinterland is a Palm Beach County company. (WUD Project No. 10-062) District 6 (JM)

 

 

7.         Staff recommends motion to approve: Change Order No. 1 to the Contract with TV Diversified, Inc. (R2013-0159) for the South Bay Wastewater Lift Station Rehabilitation Project. SUMMARY: On February 5, 2013, the Palm Beach County Board of County Commissioners approved the Water Utilities Department Construction Contract for the South Bay Wastewater Lift Station Rehabilitation Project (R2013-0159) with TV Diversified, Inc. Change Order No. 1 includes a final adjustment of quantities resulting in a net decrease of $14,542.01 and a 74 calendar day time extension. The project is funded by the Department of Economic Opportunity through the Disaster Recovery Initiative Program.  The contract with TV Diversified, Inc. provides for 3.42% minority participation and .29% female participation. TV Diversified, Inc. is a Palm Beach County company. (WUD Project No. 12-040) District 6 (JM)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to adopt: a Resolution repealing and replacing Resolution 2008-1511 with the proposed Resolution.  SUMMARY: The Resolution that establishes the framework for the Artificial Reef and Estuarine Enhancement Committee (AREEC) (Resolution No. R2008-1511) is being repealed and replaced with a new Resolution that complies with the uniform policies and procedures for advisory boards adopted by the Board of County Commissioners of Palm Beach County in Resolution No. R2013-0913.  The changes include establishing uniform term lengths and setting dates for beginning and ending terms. Countywide (HF)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve an Interlocal Agreement with the Florida Department of Health (DOH) regarding mutually beneficial uses for the Lantana Scrub Natural Area and the adjacent lands controlled by DOH; and

 

B) authorize the County Administrator, or his designee, to sign all future time extensions, and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work, terms or conditions of this Agreement.

 

SUMMARY:  By this Agreement, DOH will designate certain of its existing parking spaces for use by visitors to the County’s Lantana Scrub Natural Area and will provide a designated trail entrance area. As a result, public parking and access to the natural area is provided at no cost to the County. In return, the County designates a small section of its natural area to house DOH’s air monitoring station. The selected location is adjacent to an existing power supply. The County will provide up to $5000 to offset the cost of installing the electrical connection to the air quality station.  Funds for this contribution will come from the Natural Areas Fund, a non-ad valorem funding source. District 7 (SF)

 

 

3.         Staff recommends motion to:

 

A) adopt a Resolution authorizing the Clerk to transfer $40,000 from the Pollution Recovery Trust Fund (PRTF) to support the Native Canopy Education Program and waiving the requirement prohibiting use of PRTF funds for operations to the extent applicable; and

 

B) approve a Budget Transfer of $40,000 from the Pollution Recovery Trust Fund Reserves to the Native Canopy Education Program.

 

SUMMARY: This Resolution authorizes the transfer of $40,000 from the PRTF to support a two-year program managed by the County Cooperative Extension Department (CES) to enhance public understanding about preservation of native vegetation canopy on single family parcels. Countywide (SF)

 

 

4.         DELETED

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

5.         Staff recommends motion to:

 

A) approve a Project Agreement with the Florida Inland Navigation District (FIND) to  reimburse the County for all construction costs associated with a Shoreline Stabilization Project along the Atlantic Intracoastal Waterway (ICW) adjacent to the Juno Dunes Natural Area;

 

B) approve a Budget Amendment in the Environmental Resources Capital Projects Fund in the amount of $326,115 to recognize the Revenue from the Project Agreement with FIND; and

 

C) authorize the County Administrator, or his designee, to sign the Project Agreement, all future time extensions, task assignments, certifications, statements, and other forms associated with this Agreement, and necessary minor amendments that do not change the scope of work, terms or conditions of this Agreement.

 

SUMMARY: The Shoreline Stabilization Project will protect existing upland areas in the Juno Dunes Natural Area with a linear arrangement of limestone boulder revetments on the portion of the FIND property abutting the ICW. The three year Agreement provides for reimbursement of up to $326,115 for management, engineering, permitting, design, surveying and placement of approximately 2,500 tons of boulders to stabilize approximately 930 feet of the shoreline. District 1 (SF)

 

 

6.         Staff recommends motion to:

 

A) receive and file Task Assignment IP2 Change Order No. 1 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) for an additional ten acres of invasive plant control to the Lake Ida work plan;

 

B) receive and file Change Order No. 1 to the Pantano Trail Project (R2013-1079), ERM Project No. 2013ERM02 with West Construction, Inc. adds a new line item No. 17 for excavation and replacement of unsuitable material; and

 

C) ratify Amendment No. 1 to Agreement No. 11152 (R2012-0500) with the Florida Fish and Wildlife Conservation Commission adds educational brochures to the Scope of Work for the mooring buoy program and extends the projected project end date to December 31, 2018.

 

SUMMARY:  On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control for Lakes Clarke, Ida, Osborn, and Pine.  Delegated authority to execute all future time extensions, task assignments, certification, and any other forms associated with this Contract was approved pursuant to PPM No. CW-O-051. On August 27, 2013, the Board of County Commissioners approved a Contract with West Construction, Inc. (R2013-1079) for the construction of the Pantano Trail Project No. 2013ERM02.  Authorization for the Lead Department to approve change orders to individual construction contracts within the overall scope of work up to and including $50,000 is given pursuant to PPM CW-F-050. On April 3, 2012, the Board of County Commissioners approved FWC Grant Agreement No. 11152 (R2012-0500).  Delegated authority to execute all future time extensions, task assignments, certification, and other forms associated with this Agreement was approved pursuant to PPM No. CW-O-051. However, FWC has determined that it is permissible to use some funds for brochures, a task that was not included in the original task assignment.  Countywide (SF)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

7.         Staff recommends motion to:

 

A) approve Amendment No. 5 to Grant Agreement No. 06PB2 with the Florida Department of Environmental Protection (FDEP) to revert $3,455,326 in State funds and extends the Agreement to July 1, 2017 for the Singer Island shore protection efforts;

 

B) approve Grant Agreement 14PB5 with the FDEP for cost-share up to $550,000 on the Singer Island Storm Repair Project with an expiration date of December 31, 2014;

 

C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement 14PB5, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement;

 

D) approve Budget Amendment reduction of $9,556,395 to recognize the reversion of $3,455,326 for 06PB2, the reversion of $6,651,069 revenue from the City of Riviera Beach, an increase of $550,000 for newly approved 14PB5, and the redistribution of reduced matching funds to the Ocean Ridge Shoreline Restoration Project ($650,000) and the Jupiter/Carlin Shoreline Restoration Project ($650,000) to fund ongoing and future beach restoration activities; and

 

E) authorize the County Administrator or his designee to terminate the cost sharing Interlocal Agreement with Riviera Beach (R2008-2220) for the Singer Island Breakwater Project (Project) for lack of purpose as the Board of County Commissioners (BCC) voted on March 22, 2011 to discontinue the Project.

 

SUMMARY:  Amendment No. 5 to Grant Agreement 06PB2 includes a reversion of $3,455,326 in State funds for Construction of Structures and transfers $1,145,611 from Task 3.1 to Task 3.2 for Construction of Dunes. The total revised award amount is reduced from $5,762,182 to $2,306,856.  FDEP Grant Agreement 14PB5 is a new funding agreement for 50% cost share up to $550,000 for dune restoration to mitigate erosion from Hurricane Sandy and Tropical Storm Debby. Matching funds up to $550,000 are provided through Tourist Development Taxes.  On December 2, 2008, the BCC signed an agreement with the City of Riviera Beach (R2008-2220) to cost share on the Singer Island Breakwater Project which was later discontinued.   District 1 (SF)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

8.         Staff recommends motion to approve:

 

A) Work Order No. ERM 14C-02 to the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2013051 (R2013-0427) with Wynn and Sons Environmental Construction Co. Inc. not to exceed $449,852.50 to construct public use facilities at the North Jupiter Flatwoods Natural Area;

 

B) Budget Transfer of $300,000 in the Natural Areas Fund from reserves to the Environmental Resources Capital Projects Fund; and

 

C) Budget Amendment of $300,000 in the Environmental Resources Capital Projects Fund to recognize the transfer from the Natural Areas Fund for the North Jupiter Flatwoods Natural Area Public Use Facility construction.

 

SUMMARY: The Board of County Commission approved an annual construction Contract with Wynn and Sons Environmental Construction Co. Inc., a Palm Beach County SBE company, for the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2013051 (R2013-0427) on April 16, 2013.  Work Order No. ERM 14C-02 authorizes Wynn and Sons to construct the public use facilities for the North Jupiter Flatwoods Natural Area. Wynn committed to an overall 100% SBE participation in the Contract. The transfer of $300,000 provides non ad valorem funding for this Work Order and additional project costs associated with existing term contracts.  District 1 (JM)

 

 

9.         Staff recommends motion to:

 

A) approve Contract No. 13104 with the Florida Fish and Wildlife Conservation Commission (FWC) to implement a federally funded grant for $776,375 towards the construction of the Grassy Flats Restoration Project within the Lake Worth Lagoon by June 30, 2016;

 

B) approve a Budget Amendment of $776,375 in the Environmental Enhancement Non-Specific  Fund (1225) to recognize the contract; and

 

C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract that do not change the scope of work, terms, or conditions of the contract.

 

SUMMARY: FWC Contract No. 13104 provides pass through Federal funding awarded by the U.S. Fish and Wildlife Service and will reimburse the County up to $776,375 for transportation and placement of sand to cap muck sediments at the Grassy Flats project site.  The County is providing $342,376 from the Natural Areas Fund Manatee Protection Program as match. District 7 (SF)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:

 

A) First Amendment to Agreement with the City of Belle Glade in an amount not-to-exceed $150,000 for funding of the Belle Glade Marina Project ‑ Phase II; and

 

B) Budget Transfer of $150,000 within the 2005 $25 Million General Obligation Recreational and Cultural Facilities Bond Fund from South Bay RV and Recreation Center to Belle Glade Marina.

 

Summary:  This First Amendment to Agreement provides $150,000 of additional funding for Phase II of the Belle Glade Marina Improvements project.  The marina is situated on Torry Island at the southeast corner of Lake Okeechobee.  Project elements in the Interlocal Agreement include asphalt resurfacing/regrading, picnic and parking area enhancements, guardrail, washroom renovation/expansion, boardwalk/dock, and shoreline rehabilitation.  The project scope for the South Bay RV and Recreation Center project has been reduced, thus leaving funding available for this budget transfer.  Funding for this amendment is from the 2002 $50 Million General Obligation Recreational and Cultural Facilities Bond referendum.  District 6 (PK)

 

 

2.         Staff recommends motion to approve:  Second 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 August 31, 2013, to March 31, 2014, and to revise the Project Description to eliminate three non-essential project elements.  Summary:  This Second Amendment to Agreement, R2010-0223, as amended by R2013‑1037, extends the project completion date by approximately seven months in order to allow time for the completion of two outstanding project elements and the reimbursement process.  The new Project completion date is March 31, 2014.  The Amendment also revises the Project Description to eliminate three project elements deemed non-essential to the project in order to meet the full intent of the original Agreement.  The three non-essential project elements removed from the project description include: 1) a bus stop east of the Casino building (discussions with Palm Tran are ongoing for a suitable ADA compliant and maneuverable location for its buses); 2) a paver brick promenade spanning the entire beach frontage (only 200 linear feet are not paver brick); and 3) a paver block roadway replacing the existing multi-line roadway east of the Casino building (due to value engineering, asphaltic concrete was substituted).  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)

 

 

3.         Staff recommends motion to receive and file: the following original executed Independent Contractor Agreement:

 

Gordon Andrews, USA Swimming/US Masters Swimming Coach; Lake Lytal Family Aquatic Center, for the period February 1, 2014, through September 30, 2014.

 

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.  This Independent 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 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and is now being submitted to the Board to receive and file.  District 2 (AH)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to approve:  Budget Transfer of $500,000 within the Park Improvement Fund from the Florida Boating Improvement Program (FBIP) reserve to Burt Reynolds Park West Side Expansion project. Summary:  This budget transfer is necessary in order to apply for a Florida Inland Navigation District (FIND) grant.  The grant application requires a 50% match that must be allocated in the budget at the time of the grant application, and the grant application is due on April 1, 2014.  The County is requesting $500,000 in FBIP funds be allocated to this project.   Project elements include razing the existing Chamber of Commerce building and attached restroom, reconfiguration of the parking lot and drive isles to improve traffic flow, and to create additional car parking and car/trailer parking spaces and building a new ADA compliant restroom.  Funding for this budget transfer is from the Florida Boating Improvement Program reserve. District 1 (AH)

 

 

5.         Staff recommends motion to receive and file: the following original executed Tee Time Advertising and Sales Agreement:

 

Can-Am Golf Group, LLC, County golf courses, for the period January 15, 2014, through January 14, 2015.

 

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.  This Tee Time Advertising and Sales Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator in accordance with Resolution 2013-1607, and is now being submitted to the Board to receive and file.  This Agreement helps to sell tee times at non-peak times that would otherwise not be sold.  Countywide (AH)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

6.         Staff recommends motion to:

 

A)  ratify the signature of the Director of the Parks and Recreation Department on Florida Boating Improvement Program (FBIP) Grant Agreement No. 13238 with the Florida Fish and Wildlife Conservation Commission (FFWCC) signed on January 24, 2014;

 

B)  receive and file fully executed FFWCC FBIP Grant Agreement for $400,000 to cover a portion of the construction costs associated with the development of Waterway Park for the period January 28, 2014, through June 30, 2035;

 

C)  execute a site dedication form dedicating Waterway Park to the public as a boating access facility for the use and benefit of the general public for a minimum period of 20 years from the date of recordation; and

 

D)  approve Budget Amendment of $400,000 within the Park Improvement Fund to establish budget for the approved grant.

 

Summary:  On May 7, 2013, the Board ratified the Mayor’s signature on the FBIP grant application, R2013-0570. The Board also authorized the County Administrator or his designee to execute the Grant Agreement and other standard grant forms related to this project that do not change the scope of work or conditions of the Agreement. During the review process in mid-May, FFWCC determined two of the project elements, the 20’ x 20’ rain shelter and the fishing pier, were ineligible for funding and must be removed from the grant application. The FFWCC also recommended the cost estimate be reduced substantially from $3,747,336 to $2,586,026 in order to eliminate a potential issue with the percentage of grant reimbursement at grant closeout. FFWCC’s grant guidelines allow the applicant 60 days to execute the Grant Agreement; however, in part because of the requirement for Tribal Historic Preservation Office review, the grant turnaround time was reduced to ten business days.  In order not to lose the $400,000 in grant funding, the Director of Parks and Recreation executed the Grant Agreement on behalf of the Board and is now seeking ratification of his signature. FFWCC Contract No. 13238, has been fully executed, and is now being submitted to the Board to receive and file.  The grant will be matched with funds from 2004 $50 Million Waterfront Access and Preservation General Obligation Bond referendum and a Florida Inland Navigation District (FIND) Waterway Assistance Program (WAP) grant.  The Grant Agreement requires Waterway Park to be dedicated as a public boating access facility for the use and benefit of the public for a minimum of 20 years from the date of recordation of the site dedication.  Once the project is complete, the site dedication form will be recorded in public records.  District 1 (AH)

 

 


 

MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

P.        COOPERATIVE EXTENSION SERVICE

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, repealing and replacing Resolution No. 94-1760, providing for recitals; providing for repeal of Resolution 94-1760; providing for creation of the Agricultural Enhancement Council; providing for purpose and duties; providing for membership; providing for term; providing for meetings; providing for attendance at meetings; providing for ethics; providing for powers; providing for fiscal responsibility; providing for administration; providing for consultants and specialist; providing for travel reimbursement; providing for compliance and uniform policy for advisory boards and commissions; providing for severability and providing for an effective date.  Summary:  This Resolution repeals and replaces Resolution No. 94-1760, pertaining to the Agricultural Enhancement Council (AEC), to conform to Resolution 2013-0193, establishing uniform policies and procedures for Palm Beach County advisory boards, committees and commissions, including Code of Ethics requirements, terms of service, travel policy and absences. The Resolution establishes that beginning March 1, 2013, no AEC member shall be appointed or reappointed for more than three consecutive three year terms.  The Resolution modifies provisions pertaining to attendance and travel expenses, and adds a provision for the Palm Beach County Code of Ethics.  Countywide (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) receive and file eleven Grant Adjustment Notices to extend the term of the grant with the U.S. Department of Justice, Bureau of Justice Assistance for the Adult Drug Court Program (R2012-0171) through September 30, 2014; and

 

B) approve Contracts with the below listed agencies for substance abuse treatment for the period October 1, 2013 through September 30, 2014:

 

1.  Counseling Services of Lake Worth, Inc. for $40,000;

 

2.  Drug Abuse Foundation of Palm Beach County, Inc. for $31,200; and

 

3.  Drug Testing and Counseling Services, Inc. for $20,000. 

 

SUMMARY: Since 2011, Palm Beach County has used the award from the US Department of Justice to facilitate the expansion and enhancement of Palm Beach County Drug Court.  Using the prescription drug epidemic and subsequent reaction by state and local law enforcement, Palm Beach County wrote and received this grant to make inroads into the problem.  The grant has allowed additional clients to participate in the Adult Drug Court program who have a particular addiction to prescription drugs. The grant has increased the participation of the specialized component within Adult Drug Court. As the grant neared its planned end, staff foresaw that all the funding would not be spent, since there was a continued need for this modality, a grant extension was requested as the government shutdown was pending.  Staff reassignments at the US Department of Justice created the delay in the finalization of the extension. In addition, Alton Taylor has disclosed that he is employed by the Drug Abuse Foundation of Palm Beach County, Inc. and is a member of the Public Safety Coordinating Council.  The Council provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contracts.  Disclosure of this contractual relationship at a duly noted public meeting is being provided in accordance with the provisions of Sec. 2-433, of the Palm Beach County Code of Ethics. Authority was approved on January 24, 2012 in R2012-0171. Countywide (PE)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         Staff recommends motion to:

 

A) receive and file Florida Department of Law Enforcement (FDLE) grant awards for $362,544 beginning October 1, 2013, through September 30, 2014, to fund drug court ($227,407-Grant No. 2014-JAGC-PALM-3-E5-228), the law enforcement exchange ($100,000-Grant No. 2014-JAGC-PALM-1-E5-214) and ex-offender reentry programs ($35,137-Grant No. 2014-JAGC-PALM-2-E5-223);

 

B) receive and file a Department of Justice (DOJ) grant award for $158,794 beginning October 1, 2012, through September 30, 2016, to fund reentry programs;

 

C) approve a Budget Amendment of $18,544 in the Criminal Justice Grants Fund to reconcile the Budget for the JAG Program (State) to the actual CJC grant awards;

 

D) approve a Budget Amendment of $14,794 in the JAG Local Solicitation Fund to reconcile the budget for the JAG Program (Local) to the actual CJC grant awards;

 

E) approve a downward Budget Amendment of $57,593 in the General Fund reducing the transfers from CJC to Public Safety to reconcile the budget to the actual CJC grant awards; and

 

F) approve a downward Budget Amendment of $58,863 in the Criminal Justice Trust Fund reducing the transfers from CJC to the Public Defender to reconcile the budget to the actual CJC grant.

 

SUMMARY: The Criminal Justice Commission (CJC) receives two annual Edward Byrne Memorial Justice Assistance Grant (JAG) Program formula grants, one from FDLE and one from DOJ. The JAG Programs allow local governments to support a broad range of activities to prevent and control crime based on local needs and conditions.  Palm Beach County has been allocated $362,544 in FFY2013 federal funds as part of the FDLE JAG Program, and $158,794 in FFY2013 federal funds as part of the DOJ JAG Program for expenditure in FY2014.  The CJC recommended reentry programs for funding for the period October 1, 2013, through September 30, 2016.  On October 22, 2013, the board approved R2013-1452, which provided delegated authorization to accept the awards.  There is no match requirement for the JAG Programs. Countywide (PGE)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file the following Contracts and Interlocal Agreements approved on January 7, 2014:

 

1.  The Lord’s Place for RESTORE reentry services for $261,378 for the period of October 1, 2013, through September 30, 2014;

 

2.   The Lord’s Place for community reentry services for $152,034 for the period of October 1, 2013, through September 30, 2014;

 

3.  Gulfstream Goodwill Industries for RESTORE reentry services for $138,579 for the period of October 1, 2013, through September 30, 2014;

 

4. Gulfstream Goodwill Industries, Inc. for community reentry services for    $124,987 for the period of October 1, 2013, through September 30, 2014;

 

5.  The Office of the Public Defender, 15th Judicial Circuit for RESTORE reentry services for $164,550 for the period of October 1, 2013, through September 30, 2014;

 

6.  The Office of the Public Defender, 15th Judicial Circuit for community reentry services for $99,082 for the period of October 1, 2013, through September 30, 2014;

 

7.  The City of Riviera Beach for RESTORE reentry services for $132,350 for the period of October 1, 2013, through September 30, 2014; 

 

8.  The City of Riviera Beach for community reentry services for $83,400 for the period of October 1, 2013, through September 30, 2014;

 

B) receive and file the following Grant Adjustment Notices:

 

1.  Four for the Florida Department of Law Enforcement (FDLE) Reentry Grant to modify budget and extend an additional year to close on September 30, 2014; and

 

2.  Twelve for the Department of Justice (DOJ) Second Chance Act Grant to modify budget and extend an additional year to close on September 30, 2015 for reentry services;

 

C) approve a Budget Transfer of $107,884 in the Crime Prevention Trust Fund 1500  from Reserves to cover the contracts;

 

D) approve a Budget Transfer of $157,919 in the Criminal Justice Grant Fund 1507 from reserves to cover the contracts; and

 

E) approve a Budget Amendment of $196,321 in the Criminal Justice Fund 1323 to recognize the transfers from Fund’s 1500 & 1507.

 

SUMMARY: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item.  These documents have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Executive Director of the Criminal Justice Commission in accordance with Resolutions R2012-0840 and R2013-1452 and are now being submitted to the Board to receive and file. Countywide (PGE)


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) an Interlocal Agreement not to exceed $99,600 with the City of Riviera Beach for the period October 1, 2013, through September 30, 2014, to support the Civil Drug Court case management and substance abuse treatment;

 

B) approve a Budget Transfer of $31,410 from the Crime Prevention Trust Fund Operating Reserves; and

 

C) approve a Budget Transfer $68,190 from the Drug Abuse Trust Fund to Contributions to cover the contract.

 

SUMMARY: The Criminal Justice Commission recommends use of this Crime Prevention Fund Operating Reserves to fund this project. The Civil Drug Court Program located in the City of Riviera Beach provides case management services and contracts for residential and outpatient substance abuse services arising from court ordered treatment for indigent clients. Countywide (PGE)

 

 

5.         Staff recommends motion to approve:

 

A) a Budget Transfer of $12,556 within the Criminal Justice Commission Drug Abuse Trust Fund from Operating Reserves to Transfers to the General Fund; and

 

B) a Budget Amendment in the same amount in the General Fund to recognize the transfer from the Drug Abuse Trust Fund.

 

SUMMARY: The recommended budget transfer within the Drug Abuse Trust Fund from Operating Reserves to the Public Safety Department will provide funding needed to cover Adult Drug Court contracts due to less available funding from grants. Countywide (PGE)

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to receive and file three original standard agreements for the Fire Rescue Department:

 

A)  Interlocal Agreement for Swimming Lessons with the City of Palm Beach Gardens; and

 

B)  Independent Contractor Agreement for Swimming Lessons with the Young Men’s Christian Association of the Palm Beaches, Inc., and

 

C)  Interlocal Agreement for Swimming Lessons with the City of Boynton Beach.

 

Summary:  On September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing the County Administrator, or his designee (the Fire Rescue Administrator) to execute standard agreements with municipalities and independent contractors to provide swimming lessons to members of the public through the Palm Beach County Drowning Prevention Coalition’s Learn to Swim Program.   Pursuant to Countywide PPM CW-O-051, three standard County agreements that have been executed by the County Administrator, or his designee (the Fire Rescue Administrator) are being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (PK)

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (Cont’d)

 

2.         Staff recommends motion to:

 

A)  approve a Budget Transfer of $725,000 within the Fire Rescue Impact Fees (Fund 3704) to fund the purchase of a Mobile Incident Command Post; and

 

B)  approve a Budget Transfer of $125,000 within the Fire Rescue Impact Fees (Fund 3704) to fund certain enhancements to an existing Tactical Command Unit.

 

Summary:  Currently, the Department has one Tactical Command Unit (TCU) used to provide emergency disaster relief throughout Palm Beach County. Enhancements to the existing TCU communications ability and the purchase of a new Mobile Incident Command Post (MICP) vehicle will expand the County’s ability to effectively respond and provide emergency disaster relief to all residents, businesses and visitors to the County.  This request is made in accordance with both the Palm Beach County Fire Rescue Capital Improvement Plan, and the expansion of specialized on-scene National Incident Management System (NIMS) functions including:  command, control, communication & coordination of multi disasters (hurricanes, flooding, tornadic activity), all fire fatalities, civil unrest, aircraft incidents, extended power outages, cyber attacks, terrorism, planned special events, active shooter/barricaded subject, HAZMAT incidents, and mutual aid callouts.  Based on the County’s large geographical area, residential and occupied business growth throughout the County, the Office of Financial Management and Budget has approved the use of Fire Rescue Impact Fees to fund this purchase. Countywide (SB)

 

 

3.       Staff recommends motion to approve:  a Budget Transfer of $617,500 within the Fire Rescue Impact Fees (Fund 3704) to fund the expansion of Palm Beach County Fire Rescue Station No. 48 located at 8560 Hypoluxo Road, Lake Worth, Florida 33467. Summary:  Much of the increase in population residing west of the Florida Turnpike has been in the central and southern portions of the County.  Fire Rescue has determined a need for additional command staff in the area to help mitigate the associated rise in calls for emergency assistance.  Station 48 has been identified as the most effective location to house this additional staff, but will need to be expanded to accommodate the additional personnel.  Palm Beach County Facilities Development & Operations reviewed potential architectural floor plans to facilitate the expansion of this station and estimated the project budget to be $617,500.  The Office of Financial Management and Budget has approved the use of Fire Rescue Impact Fees to fund this expansion project. Countywide (SB)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 1 to Contract R2011-2052 with Surdex Corporation to extend the term of the contract to December 19, 2014;

 

B) Amendment No. 1 to Contract R2011-2053 with BAE Systems, Inc., to extend the term of the contract to December 19, 2014; and

 

C) Amendment No. 1 to Contract R2011-2054 with Woolpert, Inc. to extend the term of the contract to December 19, 2014.

 

SUMMARY: Three firms were selected using the Consultant Competitive Negotiations Act (CCNA) process, with contracts entered into on December 20, 2011 to perform digital ortho photography and planimetric mapping for the County (R2011-2052, R2011-2053 and R2011-2054).  These Amendments exercise the first of three (3) one-year renewal options set forth in the original contracts.  These Amendments are effective retroactively to December 20, 2013, and extend the term of the contracts.  Work provided by the vendors has been of good quality and well managed.  No additional costs are associated with these amendments.  Countywide (PFK)

 

 

2.         Staff recommends motion to:

 

A) approve the Interlocal Agreement for network services with Palm Beach County and the Village of Royal Palm Beach (Village) for an annual revenue total of $5,100; and

 

B) authorize the County Administrator or his designee, ISS Director, to approve and execute Task Orders associated with these services, up to a maximum dollar value of $50,000 per Task Order.

 

SUMMARY:  The Village is requesting connection to the Palm Beach County network at two locations.  Palm Beach County Information Systems Services (ISS) is currently extending the County’s network infrastructure in Royal Palm Beach by constructing a link from the County Mid-Western facilities to Fire Station 28, which overlaps with the Village’s existing conduit.  In an effort to save taxpayer dollars, ISS and the Village wish to collaborate on the construction and sharing of conduits with no additional costs to the County. This Interlocal Agreement will generate $2,550 in revenues to the County for the period April 2014 through September 2014, and $5,100 annually in FY 2015 and succeeding years.  Per terms of the Interlocal Agreement, the Village will fully reimburse the County for installation costs (estimated at $4,783).  The Florida LambdaRail LLC has approved connection of the Village to the Florida LambdaRail.  District 6 (PFK)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

3.         Staff recommends motion to approve:  the establishment of a new cross-connect fee applicable as an additional “Supplemental Service” provided by Palm Beach County Information Systems Services (ISS) to qualifying external agencies.  SUMMARY::  This new cross-connect fee is applicable when two separate networks are joined in order to provide supplemental services such as file sharing and backup (Attachment 1).  The proposed rate structure was developed based on an analysis of market pricing for similar services and will be applicable to all future agreements for supplemental services provided to external agencies.  This program builds upon Palm Beach County’s history of collaboration with public sector agencies which has resulted in service improvements for the connected agencies, cost savings to the taxpayers, revenues to the County, and other intangible benefits.  Countywide (PFK)

 

 

4.         Staff recommends motion to:

 

A) approve the Agreement for network services with Palm Beach County and Lake Worth Christian School Society, Inc. for an annual revenue total of $1,800; and

 

B) authorize the County Administrator or his designee, ISS Director, to approve and execute Task Orders associated with these services, up to a maximum dollar value of $50,000 per Task Order.

 

SUMMARY:  Lake Worth Christian School Society, Inc. (LWCS) is requesting network services to connect their location to the Palm Beach County Regional Network in order to receive internet access.  The County’s Information Systems Services Department will be responsible for providing internet access via the County’s connection to the Florida LambdaRail.  This Agreement takes effect on April 1, 2014 and will generate revenues of $150 per month (totaling $900 for FY 2014), plus a one-time reimbursement for installation costs (estimated at $7,896).  The Florida LambdaRail LLC has waived the FLR fee and approved connection of LWCS to the Florida LambdaRail.  District 3 (PFK)

 

 

5.         Staff recommends motion to approve: Management Control Agreement (MCA) with the Palm Beach County Sheriff’s Office and Palm Beach County Law Enforcement Exchange, Inc. (LEX) required by the Federal Bureau of Investigation (FBI) Criminal Justice Information Systems (CJIS) Security Policy. SUMMARY: Since 2004, Information Systems Services (ISS) has provided project management and technical support for the Palm Beach County Law Enforcement Exchange (LEX) program which facilitates the sharing of criminal justice information between numerous criminal justice agencies, including the Sheriff’s Office, municipal police departments, School District police and the State Attorney’s Office.  The CJIS Security Policy requires a formal MCA be entered into with any non-criminal justice agency (such as ISS) having access to the Florida State network.  The computer equipment for the program is located at the Palm Beach County Sheriff’s Office as a designated Criminal Justice Agency (CJA) and designated ISS employees have been granted access to maintain the computer server and data sharing software. Countywide (PK)

 

 


MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: a Memorandum of Understanding (MOU) with Florida Atlantic University for Social Work students earning master’s degrees which will allow the Youth Affairs Division to provide clinical supervision to individuals seeking training and experience in family and youth counseling to obtain state licensure at no cost to the County, for the period August 24, 2013, through August 30, 2016.  This MOU will automatically renew for a second three-year term. SUMMARY: The County, through its Youth Affairs Division, is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, and similar fields of educational study. Master’s programs require field education experience in order to meet degree and licensing requirements.  The Division is offering its services and programs through this MOU, as a means for the students to obtain the necessary training and experience to earn their degree. There are no costs associated with this MOU. Countywide (PGE)

 

 

2.         Staff recommends motion to receive and file:

 

 A) a Contract for $20,000 with the Palm Beach County Disaster Recovery Coalition, Inc. (DRC) to provide a Communications Symposium to the amateur radio operators within the Palm Beach County Citizen Corps community (PBC CC) for the period January 3, 2014, through March 31, 2014; and

 

B) a First Amendment amending the terms of the contract to include language regarding minimum number of participants and penalties should the minimum of participants not be met by DRC.

 

SUMMARY:  The Department of Public Safety through its Division of Emergency Management is charged with mitigation, preparedness, response, and recovery from disasters. One of the most noted failures in emergency responses and exercises is the lack of communication. In order to reduce the occurrence of communication breakdowns during the response phase, a Contract and First Amendment is being issued to create an educational opportunity for PBC CC member organizations and their volunteers to learn about and discuss various aspects of emergency communications.  The goal of the project is to increase community resiliency to disasters through enhanced education of emergency communications. The County was awarded $217,720 from the US Department of Homeland Security through the City of Miami Urban Area Security Initiative (UASI) 2012 Grant. R-2013-0622 authorizes the County Administrator or his designee to execute all UASI sub-grant contracts on behalf of the Board of County Commissioners, for the UASI Grant Program. No County matching funds are required. Countywide (PGE)

 

 

Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to approve: the Palm Beach County Board of County Commissioners Section 125 Flexible Spending Plan Document, as Amended and Restated. SUMMARY: Following an RFP process, staff selected and the Board approved a contract with P&A Group to provide Section 125 Flexible Spending Account (FSA) administrative services for eligible County employees effective January 1, 2014. Included in the contract at no extra cost, P&A Group has provided the County with an amended and restated Section 125 Flexible Spending Plan Document, also referred to as a “Cafeteria Plan” to reflect all current IRS guidelines pertaining to the Plan. The Board has offered eligible employees a Cafeteria Plan, which allows them to use pre-tax deductions to fund certain health insurance premiums, medical, and dependent care expenses, since 1988. The Plan provides payroll tax savings dollars to employees as well as the Board. Countywide (TKF)

 

 

MARCH 11, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to:

 

A) approve the Federal Transit Administration (FTA) Fiscal Year 2014 Certifications and Assurances that will be used in conjunction with all Federal assistance programs administered by the FTA during Federal fiscal year 2014; and

 

B) authorize Palm Tran’s Executive Director and Assistant Director, through the County Administrator, to electronically execute and file the required certifications and assurances on behalf of the Board of County Commissioners (BCC), and to transmit the Board’s approval.

 

Summary:  On January 31, 2014, the Federal Transit Administration (FTA) published their annual list of pre-award certifications and assurances. This consolidated list of Federal laws and regulations must be approved by all applicants each year indicating their intent to comply with the regulations associated with grant applications submitted during the upcoming year. The Fiscal Year 2014 Certifications and Assurances must be approved within ninety (90) days of the publication date in order for the County to apply for Federal assistance. FTA also requires an affirmation from the applicant's legal authority indicating the County’s intention to comply with the funding obligations in this document. Countywide (DR)

 

 

BB.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Grant Modification with the City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative (UASI), to provide an additional $56,000 in reimbursable funding, for the MetaData Planner Project; and

 

B) approve a Budget Amendment of $56,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On January 14, 2014, the Board of County Commissioners accepted our agreement with the City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative grant, to provide $383,909 in reimbursable funding for various direct law enforcement domestic security activities (R2014-0089).  This Grant Modification will provide additional funding to offset the costs associated with the MetaData Planner Project. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required.  Countywide (PGE

 

 

 

 

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


MARCH 11, 2014

 

 

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

 

 

A.        Staff recommends motion to:

 

1) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, confirming the Special Assessment Roll for the 14th Road South Gravity Sewer Main Extension; and

 

2) approve a Work Authorization No. 8 to Johnson-Davis, Inc., under the Water Utilities Department (WUD) Continuing Construction Contract (R2013-0550) in the amount of $83,802.29.

 

Summary:  On November 16, 2013, signed petitions were received from five (5) property owners on 14th Road South, with three (3) in favor and two (2) not in favor of the installation of a gravity sewer main.  This project will serve five (5) residential properties currently on septic tanks on 14th Road South. The estimated assessable cost is $24,944.26 per acre for the construction of gravity sewer mains and service lines. Individual assessments of $24,944.26 per acre are based on 100% of the total project cost. The assessment may be paid over 20 years with equal annual payments of principal and 5½% interest. The total assessable cost is $122,476.30 and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration, and construction contingency. The project will be constructed utilizing a Work Authorization under the WUD Continuing Construction Contract with Johnson-Davis, Inc. (R2013-0550). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for SBE participation of 20.96%. This Authorization includes 21.84% overall participation. The cumulative SBE participation is 16.23% overall. Johnson-Davis, Inc. is a Palm Beach County company. If the actual cost exceeds the total assessable cost, the differential will be cover by WUD's budget. (WUD Project No. 13-084) District 2 (MJ)

 

 

 

B.        Staff recommends motion to adopt:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, Chapter 2, Article V, Division 5 (Ordinance No. 1988-16, amended by Ordinance No. 1989-003, amended by Ordinance No. 1990-038, amended by Ordinance No. 1992-014, amended by Ordinance No. 1992-025, amended by Ordinance No. 1993-001, amended by Ordinance No. 1993-035, and amended by Ordinance 1995-006); relating to the Criminal Justice Commission of Palm Beach County; amending Section 2-216 (Created); amending Section 2-219 (Operation); adding Section 2-222 (Compliance with Uniform Policy for Advisory Boards and Commissions); providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date.  SUMMARY:  On February 4, 2014, the Board of County Commissioners held a preliminary reading of this Ordinance and authorized advertising for public hearing.  In addition, the Board waived the policy adopted under Resolution No. R2013-0913 that limits the members appointed to an advisory commission, council, or board to eleven members.  The Criminal Justice Commission (“CJC”), which was created in 1988 by the Criminal Justice Commission Ordinance (Ordinance No. 88-16, as amended), established a thirty-three member advisory commission (twenty-one (21) members from the public sector and twelve members from the private sector) to coordinate all aspects of the state and federal criminal justice system with the goal of permanently reducing crime in the County.  With the exception of the number of members on the CJC, the proposed Ordinance amendments incorporate all of the uniform policies and procedures for advisory boards adopted by the Board of County Commissioners in Resolution No. R2013-0913.  The League of Cities has no opposition to the proposed Ordinance amendments. Countywide (PGE)

 

 


MARCH 11, 2014

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

C.        Staff recommends motion to adopt:  an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 17, Article I (Ordinance No. 1980-12), Relating to Licenses, Taxation and Miscellaneous Business Regulations, to be known as the “Palm Beach County Motor Vehicle Fuel Price Posting Ordinance”; providing for fuel price signs; providing for repeal of laws in conflict; providing for a savings clause; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date.  SUMMARY:  On February 4, 2014, the Board of County Commissioners held a preliminary reading of this ordinance and authorized advertising for public hearing.  The current Motor Vehicle Fuel Price Posting Ordinance requires gasoline stations to prominently and continuously display specific signage indicating the type of motor vehicle fuel available for sale, the minimum price per gallon in numerals at least six (6) inches tall, and the type of service offered for the displayed price, but it does not require the seller to display the maximum price per gallon a consumer will be charged for each type of fuel for sale or require the seller to indicate on the sign whether the displayed price is a “discounted” price for cash sales.  Amending the current Ordinance to require gasoline retailers to post the highest price a customer would be required to pay and to prominently indicate on the same sign whether the advertised price is discounted for cash sales, will prevent consumers from being misled at the pump.  Staff has met with the industry and the industry has requested a one-year time period in order to come into compliance.  Accordingly, the Ordinance has been amended so that the sellers would be allowed up to one year to retrofit signs to meet the requirements.  During the interim, if cash discounts are offered, the sellers shall place a sign at the pump indicating the type of fuel available for the discounted price.  The League of Cities has no opposition to the proposed Ordinance amendments. Countywide (PGE)

 

 

D.        Staff recommends motion to approve:

 

1) Budget amendments and transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses;

 

2) $65,000 transfer from General Fund Contingency Reserve for the biennial impact fee study as required under Article 13.A.5.F of the Unified Land Development Code.  The total of the adjustments is an increase of $29,777,225 in 214 funds.

 

SUMMARY: These budget amendments and transfers are necessary to adjust FY 2014 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2013. These amendments adjust the balances brought forward, various revenue, expenditure and reserve accounts to their audited balances. The proposed adjustments include $10,966,745 additional reserves in the General Fund.  This represents a 64% decrease from the average amount placed in reserves over the last three years, which has ranged between $26,396,964 to $32,401,261. The adjustment is a result of:

 

·         ($539,125) net reduction in excess fees and commission refunds from Constitutional Officers: Sheriff’s Office ($4,507,334), Clerk and Comptroller $2,853,999, Supervisor of Elections $422,354, Tax Collector $197,605, Property Appraiser $494,251, and

·         $2,463,330 net additional revenues: Transfer from Employee Health $4,027,186, and other revenue sources ($1,563,856) and

·         $9,107,540  expenditures less than and revenues greater than originally estimated and

·         ($65,000) biennial impact fee study.

 

FY 2015 budget projections currently assume these additional reserves will be carried forward to balance the annual budget. Countywide (PFK)

 

 

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


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

A.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file: February 14, 2014 Memorandum to Local Governments and Seven50 Consortium Members and Partners within the Treasure Coast Region from Michael J. Busha, Executive Director of the Treasure Coast Regional Planning Council (TCRPC) and James Murley, Executive Director of the South Florida Regional Planning Council (SFRPC).  SUMMARY:   In early 2010, a number of public and private organizations within the Treasure Coast and South Florida regions entered into the Sustainable Communities Initiative (SCI) Memorandum of Understanding (MOU).  The SFRPC, as the Grantee, entered into a three-year Cooperative Agreement with the United States Department of Housing and Urban Development (HUD) on February 21, 2011. After the grant was awarded, a number of partners entered into a Sustainable Communities Grant Consortium Agreement (Consortium Agreement) with the SFRPC. The BCC approved a MOU with the TCRPC and the SFRPC on May 18, 2010. The BCC approved the Consortium Agreement with the SFRPC in which the County agreed to provide in-kind services valued at an amount not to exceed $24,960 on July 19, 2011. The February 14, 2014 memorandum notes that with the grant period ending as of February 21, 2014 that the “responsibilities and obligations in the MOU and Consortium Agreement are satisfactorily concluded and no longer in effect.”  The County has already provided the in-kind services that were the only contractual obligation in the July 19, 2011 Consortium Agreement. There was no contractual obligation to implement the Seven50 Plan in the MOU. The County cannot in any event contract away its legislative authority.  Countywide (RPB)

 

 

B.        ADMINISTRATION

 

1.         Staff requests Board direction: regarding the process for filling the position of County Administrator, in anticipation of the August 2015 retirement of incumbent Robert Weisman. SUMMARY: Robert Weisman, County Administrator, will be retiring from the PBC Board of County Commissioners (BCC) in August 2015, after 35 years with Palm Beach County. This agenda item describes the manner in which the position of County Administrator was last filled, provides for the Board’s consideration, options for the selection of Mr. Weisman’s replacement. Countywide (DN)

 

 

                                    TIME CERTAIN 1:30 P.M. 3:00 P.M.

            2.         DELETED: REVISED TIME CERTAIN & TITLE: Executive Session scheduled for 1:30 p.m. 3:00 p.m. in the McEaddy Conference Room to discuss collective bargaining with the Amalgamated Transit Union (ATU) Local 1577.

(Closed Session)

 

 


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

C.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a Resolution authorizing the Department of Economic Sustainability (DES) to submit an Intermediary Relending Program (IRP) Application for up to $1,000,000 to the United States Department of Agriculture (USDA) Rural Development; authorizing acceptance of the funds awarded; and authorizing the County Administrator or his designee to execute the Loan Application and all other documents necessary for implementation of the IRP. SUMMARY: Staff is recommending that the County submit an application to USDA, which if approved, will increase the County’s original $400,000 allocation under the IRP by $1,000,000.  The IRP provides gap financing to businesses located in the County’s western communities to alleviate poverty and increase economic activity and employment.  These loan funds will be leveraged with other public and private loans, and the borrower will pledge security as collateral.  To date, approximately $376,770 in loans have been committed from the County’s original IRP allocation which include two businesses located in Belle Glade, one in Pahokee and one in Loxahatchee.  These businesses are projected to generate 21 jobs and have a five year Economic Sustainability Impact of $5,212,000.  The funding being applied for is projected to create 53 jobs and have a five year Economic Sustainability Impact of $14,316,000.  IRP funds are Federal funds which require no local match. (Strategic Planning Section) District 6 (DW)

 

 

D.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  Amendment One to the Interlocal Agreement (R2010-1943) with the Town of Lake Park providing funding for the expansion and renovation of the Lake Park Marina.  SUMMARY: On November 16, 2010, the County and the Town entered into an Interlocal Agreement (R-2010-1943) which provided the Town with $2.4 Million for acquisition of .8 acres of land adjacent to the Marina for expansion of boat trailer parking.  The Town closed on the acquisition in December 2010 using the County’s grant funding.  The Interlocal Agreement required the Town to complete the boat trailer parking lot renovation within 24 months, which the Town did.  The Interlocal Agreement also required the Town to close the southernmost section of Lake Shore Drive and construct a pedestrian promenade within 60 months.  On October 22, 2013 the Board conceptually approved the Town’s proposal to close one lane of Lake Shore Drive, reconfigure the pedestrian promenade and upper boat trailer parking lot and reconfigure the internal circulation drives to provide a seamless connection between the upper and lower trailer parking lots.  At the October 22 meeting, Commissioner Burdick questioned the impact on overall parking provided at the Marina.  The net change in the number of spaces provided in the original plan and in the new plan is a loss of three trailer spaces and a gain of two passenger vehicle spaces.  It is Staff’s opinion that the loss of three trailer spaces is more than offset by the improved circulation between the parking lots and increased length of trailer spaces, resulting in a much better overall layout.  This Amendment One modifies the Project Description and Conceptual Plan attached as Exhibits A and C to the Interlocal Agreement, provides the Town 24 months to complete reconfiguration of the upper trailer lot, and keeps the current deadline for completion of the promenade. (PREM) District 1 (HJF)

 

 


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

D.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution authorizing the conveyance of the County’s interest in 0.42 acres of surplus property to the City of Delray Beach, pursuant to Florida Statutes , Section 197.592(3), without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and

 

B) approve a County Deed in favor of the City of Delray Beach.

 

SUMMARY:  The City of Delray Beach requested the conveyance of County owned vacant surplus property.  The 0.42 acre property is an alley located south of Atlantic Avenue, north of Southwest 1st Street, between Southwest 6th Avenue and Southwest 7th Avenue and was acquired by Final Decrees in 1945 and 1946.  The Delray Beach Community Redevelopment Agency is redeveloping the surrounding property and desires to incorporate the alley as part of the development.  The property serves no present or future County purpose.  The property is being conveyed pursuant to Florida Statutes, Section 197.592(3), which requires the conveyance of surplus property acquired by tax deed to the municipality in which it is located, without regard to valuation.  The property does not have a parcel control number and therefore does not have an assessed valuation.  Staff estimates the value of the property is approximately $50,000.  Staff did not obtain an appraisal as the Statute requires conveyance to the municipality without regard to the valuation. The County will retain mineral and petroleum rights in accordance with Florida Statutes, Section 270.11, without rights of entry and exploration.  This conveyance must be approved by a Supermajority Vote (5 Commissioners). (PREM) District 7 (HJF)

 

 

3.         Staff recommends motion to approve:  a Concessionaire Service Agreement with Loggerhead Marinelife Center, Inc., a Florida not-for-profit corporation, for the management and operation of the Juno Beach Pier and concession building for $40,000/year commencing on or about April 1, 2014.  SUMMARY:  The Parks and Recreation Department (Parks) manages and operates the Juno Beach Pier through an existing Concessionaire Service Agreement (CSA) with Dania Pier Management Corp.  In January 2014, PREM advertised a Request For Proposals (RFP) for the management and operation of the Pier concession, including a requirement to perform additional maintenance tasks at the Pier. Four proposals were received and a Selection Committee ranked the proposal from Loggerhead Marinelife Center, Inc. (Loggerhead), as the most responsive. The guaranteed annual rent under the new Concessionaire Service Agreement with Loggerhead is $40,000/year ($3,333.33/month), with annual four percent (4%) increases. The initial term of the Concessionaire Service Agreement is for two years, with three options to extend, each for a period of one year. Parks manages the Concessionaire Service Agreement.  (PREM)  District 1 (HJF)

 

 

4.         ADD ON:  Staff recommends motion to receive and file: update on Attracting and Retaining Major League Spring Training Facilities to the Southeast Florida Corridor.   SUMMARY:  On Thursday March 6, 2014, Staff met with owners of the Houston Astros and Washington Nationals (collectively “Teams”).  Staff from St. Lucie County were also in attendance. The overall purpose of the meeting was to exchange ideas on how additional Major League Baseball Spring Training teams could be attracted and retained in the Southeast Florida corridor.  The existing funding/legislative framework and siting opportunities and challenges (“Existing Conditions”) were discussed to solicit feedback from the teams on what changes can reasonably be made to the Existing Conditions to; 1) encourage additional spring training franchises locating in the southeast corridor, and 2) stabilize and sustain spring training into the future. A critical element to sustaining spring training in the long term is to not only identify funding for the construction of new stadium and/or expansion of existing stadiums but also for the renewal/replacement of existing stadiums. At the end of the meeting, the Teams indicated that they were very interested in continuing discussions and to that end wanted the County to pursue: 1) legislative changes, with their support, and 2) additional funding sources and strategies. The Teams stated that they have an interest in several sites and were going to move forward with their own evaluations. The Teams did stress that follow-up needs to be done expeditiously. (FDO Admin) Countywide (MJ)


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

E.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for four historic properties located within the City of West Palm Beach; and

 

B) approve the restrictive covenants for the historic properties requiring the qualifying improvements be maintained during the period that the tax exemption is granted.

 

SUMMARY: The Resolution will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach:

 

Address:  219 Avila Road, West Palm Beach (Residential)

Address:  333 Pilgrim Road, West Palm Beach (Residential)

Address:  211 Plymouth Road, West Palm Beach (Residential)

Address:  3001 Washington Road, West Palm Beach (Residential)

 

If granted, the tax exemption will take effect January 1, 2014, and remain in effect for 10 years, or until December 31, 2023.  The exemption will apply to 100 percent of the assessed value of all improvements to the historic properties, which resulted from restoration, renovation, or rehabilitation of the properties. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $11,476 tax dollars will be exempted annually based on the 2014 Countywide Millage rate.  Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 2 (RPB)

 

 

2.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, granting a County tax exemption for a historic property located within the Town of Palm Beach; and

 

B) approve restrictive covenant for the historic property, requiring the qualifying improvements be maintained during the period that the tax exemption is granted.

 

SUMMARY: The Resolution will authorize a County tax exemption for the following historic property located within the Town of Palm Beach:

 

Address: 347 Worth Avenue (Commercial with residential above)

 

If granted the tax exemption shall take effect January 1, 2014, and shall remain in effect for 10 years, or until December 31, 2023.  The exemption shall apply to 100 percent of the assessed value of all improvements to each historic property, which resulted from restoration, renovation, or rehabilitation of the property. Actual exemption amounts will be based upon the Countywide Millage rate on a yearly basis. It is estimated that approximately $4,423 tax dollars will be exempted annually based on the 2014 Countywide Millage Rate. Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. District 1 (RPB)

 

 


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

F.         PUBLIC SAFETY

 

1.         Staff recommends motion to approve on preliminary reading and advertise for public hearing on April 15, 2014, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 19, Article IX (Ordinance No. 2008-43, amended by Ordinance No. 2011-007, amended by Ordinance No. 2011-032, amended by Ordinance No. 2011-040, amended by Ordinance No. 2012-009, and amended by Ordinance No. 2013-003, amended by Ordinance No. 2013-007); relating to taxicabs and other Vehicles for Hire, to be known as the Vehicle for Hire Ordinance; amending section 19-227 (Driver Requirements; failure to comply); providing for repeal of laws in conflict; providing for a savings clause;  providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing an effective date.  SUMMARY: The proposed ordinance amendments incorporate a change in State law that allows Counties to run “Level 2” or fingerprint based criminal background checks on Vehicle for Hire drivers through the Federal Bureau of Investigation’s national criminal database.  Our current Ordinance, based on the State law before this change, only permitted a “Level 1” criminal screening, which is limited to a State of Florida criminal background check through the Florida Department of Law Enforcement database only. A related amendment to the ordinance will expand the definition of a criminal conviction to include a “withhold of adjudication,” as this is the definition used under State law for Level 2 background and fingerprint based checks.  After this amendment, our Ordinance will be consistent with State law.  The Vehicle for Hire Advisory Committee met and unanimously approved the proposed language to expand our current state background check to include a fingerprint based national background check for all vehicle for hire drivers. It is anticipated that the League of Cities will have no opposition to the proposed Ordinance amendments.  Countywide (PGE)

 

 

G.        ENGINEERING & PUBLIC WORKS

 

1.         Staff requests Board direction: on implementing a 0.5% infrastructure sales surtax referendum ballot question for the November 4, 2014 election, with such surtax lasting from January 2015 until December 2017 (three years). SUMMARY: The Board previously directed that staff work on a list of potential capital projects for consideration – with an emphasis on public works projects, and excluding projects involving the County’s park system and County owned natural areas.  The attached list includes projects associated with road and pathway improvements, bridge/culvert replacements, and drainage improvements, along with traffic signal system upgrades.  This surtax is expected to raise about $110 million annually, with approximately $66 million available for county projects and $44 million distributed to the municipalities each year.  The municipal distribution will be made to each community based on population, and the County would have no control over the distribution or how each municipality might choose to spend the funds. Countywide (MRE)

 

 


MARCH 11, 2014

 

 

5.         REGULAR AGENDA

 

 

H.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve: Purchase of two parcels of vacant land (36.6442 total acres) located south and southwest of the County’s Hungryland Slough Natural Area from Jeffrey F. Gouveia and Melvin W. Parker for $36,644.20 (land costs), plus closing and miscellaneous costs of $850.  SUMMARY:  The subject parcels are located south of the County’s Hungryland Slough Natural Area and a portion of the J.W. Corbett Wildlife Management Area, and north of the Mecca property.  Both parcels are encumbered by a drainage easement held by the South Florida Water Management District (SFWMD).  Purchase of the subject parcels will guarantee that County staff and the public will be able to use the canal banks to travel between the Hungryland Slough Natural Area and J.W. Corbett Wildlife Management Area.  An October 2013 appraisal performed on behalf of the County assigned a market value of $1,000 per acre to the subject parcels.  The purchase price is equivalent to $1,000 per acre.  A title policy will be obtained for each parcel and a pre-acquisition environmental assessment will be performed by ERM.  County Survey has prepared a sketch and legal for each of the subject parcels; a boundary survey will not be obtained due to the low price of the land.  The land acquisition, and related closing and miscellaneous costs will be paid from the Natural Areas Fund, a non-ad valorem source of funds. This sale must be approved by a supermajority (5 Commissioners). District 1 (HF)

 

 

 

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


MARCH 11, 2014

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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

 

RECESS AS THE BOARD OF COUNTY COMMISSIONERS

 

 

 

CONVENE AS THE ENVIRONMENTAL CONTROL BOARD


 

MARCH 11, 2014

 

 

7.         BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD

 

 

A.        HEALTH DEPARTMENT

 

1.         Staff recommends motion to approve: reappointment of the following individual to the Palm Beach County Environmental Appeal Board for a term beginning on April 1, 2014 and ending on March 31, 2017:

 

Nominee                     Seat No.                      Seat Requirement                  Nominated by:

 

David J. Colangelo       2                                  Water Resource                       South Florida Water                                                             Professional                             Management District                                                           Employed by

                                                                        SFWMD

 

Summary:   The Board is composed of five members.  Membership must consist of one attorney recommended by the Palm Beach County Bar Association; one person recommended by the Gold Coast Builders Association (now known as Florida Atlantic Builders Association) ; one professional engineer recommended by the Palm Beach Branch of the American Society of Civil Engineers; one water resource professional employed by the South Florida Water Management District; and  one drinking water engineer employed by the Department of Environmental Protection. Countywide (PGE)

 

 

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

 

 

ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD

 

 

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS


MARCH 11, 2014

 

 

8.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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

 


MARCH 11, 2014

 

 

9.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


MARCH 11, 2014

 

 

10.       COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK, VICE MAYOR

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR, MAYOR

 

 

 

 

 

 

11.       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."