August 16, 2016 – 9:30 A.M.

FINAL

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

AUGUST 16, 2016

 

PAGE             ITEM

 

  8                    2C-4               ADD-ON: Certificate of Special Recognition to Lynn Loredo. (Sponsored by Commissioner Burdick)

 

28                    3I-1                 REVISED SUMMARY: Staff recommends motion to approve: Consent for Alexandra Ritchie, a Palm Beach County Clerk & Comptroller employee, to receive State Housing Initiatives Partnership (SHIP) funds under the Purchase Assistance Program as administered by the Department of Economic Sustainability (DES). SUMMARY: Alexandra Ritchie is an income eligible applicant who is seeking to receive $42,500 $10,050 in a forgivable second mortgage under the Purchase Assistance Program.  Funding availability for the Program was posted on the DES website and advertised in the Palm Beach Post on February 21st and 24th, 2016.  Applicants are funded on a first qualified, first approved basis as long as funds are available.  Ms. Ritchie, who applied for assistance on April 13, 2016, has been employed by the Palm Beach County Clerk & Comptroller as a Court Specialist III since April 2015.  She is seeking to purchase a home at 2772 Cambridge Road in Lake Worth.  The purchase price of the home is $210,000 and it has appraised at $210,000.  It contains 1,400 square feet with two bedrooms and two bathrooms. Ms. Ritchie’s minimum contribution will be $7,350, which meets the required three and one-half percent (3.5%) of the purchase price.  The first mortgage of $168,000 $200,000, to be provided by BB&T Home Mortgage, will be for 30 years at a 3.75% interest.  The County’s second mortgage of $42,500 $10,050 will be a deferred loan that is forgiven at the end of 30 years as long as the home remains the homeowner’s principal place of residence. If the homeowner rents, sells, or otherwise conveys the home during the 30 years, the entire principal amount will become due and payable. These are State SHIP funds which require no local match. District 3 (JB) (DES)

 

47                    4C-1               REVISED MOTION: Staff recommends motion to adopt continue to September 27, 2016 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida establishing a community development district over the real property legally described on Exhibit “B” to this Ordinance comprising of approximately 203.54 acres: naming of the initial members of the board; establishing the naming of the district as Gulfstream Polo Community Development District; designating the purpose of the district; designating the powers of the district; providing for severability; providing for repeal of laws in conflicts; and providing for an effective date. (PZB)

 

48                    5A-2                ADD-ON, TIME CERTAIN 1:15 P.M.:  Executive Session scheduled for 1:15 p.m. in the McEaddy Conference Room to discuss collective bargaining with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc.  (CLOSED SESSION)

 


48                    5A-3*               ADD-ON: Staff recommends motion to: 

 

A) Approve a Budget Transfer of $950,000 from the General Fund Contingency Reserves to the Public Building Improvement Fund;

 

B) Approve a Budget Amendment in the amount of $950,000 in the Public Building Improvement Fund to recognize the funds from the General Fund; and

 

C) Authorize the County Administrator to agree to serve as Adopt-A-Family of the Palm Beaches nominee and to execute a contract for the purchase of improved real property at 1318 Henrietta Avenue; 1320 Henrietta Avenue; 549 Palm Beach Lakes Blvd.; and 559 Palm Beach Lakes Blvd. (the “Facility”) owned by The Center for Family Services of PBC, Inc., to continue operations of the emergency homeless shelter contingent upon satisfactory completion of all standard due diligence investigations and receipt of appraisals valuing the property at not less than $863,637 so that the $950,000 purchase price is not more than 110% above appraised value.

 

SUMMARY: The Center for Family Services (“CFS”) acquired this property in 2001 and has operated an emergency homeless shelter specifically for families under the Responding to Emergencies and Altering the Crisis of Homelessness (“REACH”) program.  Recently, CFS discontinued its operations which were taken over by Adopt-A-Family of the Palm Beaches (“AAF”), a County Funded Agency pursuant to R2015-1436. AAF has been operating the Facility, which includes 19 apartment units and administrative offices, under a month to month lease with CFS while CFS has been marketing the property for sale. The lease provides AAF with a right of first refusal to purchase the Facility upon the same terms and conditions as offered by a 3rd party purchaser.  CFS has entered into a contract for sale of the property for $950,000 and has triggered AAF’s right of first refusal.  The Property Appraiser’s assessed value is $945,645.  AAF is willing to continue to operate the REACH Program and to exercise its right of first refusal to purchase the Facility, conditioned upon the County agreeing to act as AAF’s nominee, funding the purchase price and accepting title to the Facility.  Staff will complete all standard due diligence, including appraisals, and Staff is recommending that the Board authorize the County Administrator, in the exercise of her reasonable discretion and upon condition that the appraisals value the Facility at not less than $863,637, to enter into a contract for purchase of the Facility upon terms substantially equivalent to those contained in the Commercial Contract drafted for the 3rd party purchaser. Pursuant to the terms of the Commercial Contract, the County will be required to provide a deposit of $95,000 which is refundable only if the due diligence investigations do not support the purchase.  If the appraisal is not greater than $863,637, Staff will return to the Board for direction on continuing with the purchase and if the BCC determines not to proceed with the purchase, the County will forfeit the deposit.  Despite the potential risk associated with the loss of the deposit, Staff recommends proceeding due to: 1) the importance of having these units available as the last safety net for approximately 90 families annually; 2) $95,000 being approximately equal to only 2 months of costs to the County for alternate emergency shelter accommodations in the event these units are not available; and 3) very small likelihood of replacing these units on a permanent basis for less than 18-24 months. In addition, PPM CW-L-023 requires Staff to disclose any procedural variation from the requirements of the PPM.  The variations that apply here include; 1) the item not being placed on the agenda 14 days in advance of the meeting. This item must be approved by a supermajority vote (5 votes), and 2) the use of an alternate source selection – emergency as defined in the PPM. (Administration) Countywide/District 7 (HF)

 

53                    8C*                 ADD-ON: Certificates of Special Recognition presented to: Brett Slew, Deputy Teresa Grimaldi and Tyler Gray. (Sponsored by Commissioner Vana)

 

53                    8G                   ADD-ON: Request approval to present off-site, a Proclamation recognizing the Power Evangelism Ministries – 10th Anniversary Celebration. (Sponsored by Commissioner Taylor)

 

 

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

 

 

AUGUST 16, 2016

 

 

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 - 45)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 46 - 47)

 

5.         REGULAR AGENDA (Pages 48 - 50)

 

6.         BOARD APPOINTMENTS (Page 51)

 

7.         STAFF COMMENTS (Page 52)

 

8.         COMMISSIONER COMMENTS (Page 53)

 

9.         ADJOURNMENT (Page 53)

 

 

 

 

* * * * * * * * * * *

AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 8

            2C-1   State Representative MaryLynn Magar

            2C-2   Taekwondo Day

            2C-3   Palm Beach County Chapter of the National Organization for Women

 

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION  -  None

 

B. CLERK & COMPTROLLER

Page 9

            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.

            3B-5    List of errors, insolvencies, double assessments, discounts & Value Adjustment Board reductions on the 2015 assessment roll

            3B-6    List of Finance Department records scheduled for destruction

 

C. ENGINEERING & PUBLIC WORKS

Page 10

            3C-1   Corrective County Deed to amend legal description for a parcel of land known as Gardiner Lane

            3C-2   Task Order to annual Civil Contract with Mock, Roos and Associates, Inc. associated with the 10th Avenue North and Boutwell Road intersection improvement project

            3C-3   Task Order to annual Intersection Improvement Contract with HSQ Group, Incorporated associated with the 45th Street and Military Trail intersection improvement project

            3C-4   Resolution to support the intersection improvements planned for Southern Boulevard and Forest Hill Boulevard

Page 11

            3C-5   Contract with R & D Paving, LLC for paving and drainage improvements for Penny Lane (Melaleuca Lane to dead end)

            3C-6   Proportionate Share Agreement with Lantana Development, LLC associated with transportation impacts of the Water Tower Commons Development project

            3C-7   Subordination of utility interests and agreement for reimbursement with FPL on a parcel of land located on the west side of Boca Rio Road, north of Via Ancho Road

Page 12

            3C-8   Change Order No. 1 with Shoreline Foundation, Inc. associated with County Road 880 Twenty Mile Bend Slope Protection project

            3C-9   Contract with West Construction, Inc. for construction of the Canal Point Pedestrian Bridge project

            3C-10 Grade Crossing Traffic Control Signal Agreement with South Central Florida Express, Inc. for installation and signal maintenance at Rogers Road

 

D. COUNTY ATTORNEY

Page 13

            3D-1   Settlement in PBC Board of County Commissioners v. Safety National Casualty Corporation

 

E. COMMUNITY SERVICES

Page 14

            3E-1    Community Action Advisory Board appointment/reappointment

Page 15

            3E-2    Homeless Advisory Board appointments


AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

E. COMMUNITY SERVICES (Cont’d)

Page 16

            3E-3    Amendments/Renewal Agreements related to several senior services programs

Page 17

            3E-4    Contract for Provision of Financial Assistance with Gulfstream Goodwill Industries, Inc. for training and employment services

            3E-5    Ratify the Vice Mayor’s signature on Subaward Agreement with the RAND Corporation relative to the Ryan White Program

            3E-6    Professional Services Contract with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. to provide education workshops to assist caregivers

Page 18

            3E-7    Ratify the Mayor’s signature on the 2016 Florida Department of Children & Families Homeless Prevention – Temporary Assistance for Needy Families Grant Application

Page 19

            3E-8    Notice of award from the U.S. Department of Health & Human Services Health Resources and Services Administration associated with the Ryan White Program

            3E-9    Amendment 01 with Adopt-A-Family of the Palm Beaches, Inc. for operation of Program Reach

 

F. AIRPORTS

Page 20

            3F-1    First Amendment to Non-Signatory Airline Agreement with WestJet reducing leasehold at PBIA

            3F-2    Signatory Airline Agreement with Bahamasair Holding Limited, Inc.

            3F-3    Signatory Airline Agreement with American Airlines, Inc.

            3F-4    Modification to Other Transaction Agreement with the Department of Homeland Security related to improvements for the checked baggage screening system

            3F-5    Resolution adopting a standard form Addendum to Airline Agreement

Page 21

            3F-6    Receive and file two Transportation Network Company Ground Transportation Operating Permits

            3F-7    Change Order No. 1 with Ranger Construction Industries, Inc. for the Concourse A/B Commuter Apron and Taxilane Rehabilitation project at PBIA

            3F-8    License Agreement with Delta Air Lines, Inc. for use of space in connection with operations at PBIA

            3F-9    Summary of fees and charges for standard form Hotel-Motel Courtesy Shuttle Operator permits at PBIA

Page 22

            3F-10  Modification to Other Transaction Agreements with the Transportation Security Administration relating to HVAC, lighting and janitorial services at PBIA

            3F-11  Joint Participation Agreement with the Florida Department of Transportation associated with acquisition of a High-Pressure Water Blasting Truck for PBIA

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 23

            3G-1   Negotiated settlement agreement for Code Enforcement Lien against John & Clotilde Paiva

            3G-2   Negotiated settlement agreement for Code Enforcement Lien against Kelly D. & Kevin Reed

            3G-3   Negotiated settlement agreement for Code Enforcement Lien against RHA 2, LLC

Page 24

            3G-4   Negotiated settlement agreement for Code Enforcement Lien against Johnny F. Delgado

            3G-5   Negotiated settlement agreement for Code Enforcement Lien against Julio C. Azzaro

Page 25

            3G-6   Budget Amendments/Transfer relating to the issuance of PBIA Series 2016 Revenue Refunding Bond

            3G-7   Extension of the 2016 tax roll

 


AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 25

            3H-1   Contract with West Construction, Inc. for improvements at Riverbend Park

Page 26

            3H-2   Revised Water Service Agreement with the Town of Jupiter and the South Florida Water Management District for water service to Riverbend Park

            3H-3   Supplement No. 1 with Architecture Green, LLC related to the Osprey Point Golf Course Pro Shop renovation, Café addition and site modifications

            3H-4   Agreement with JFK Medical Center Limited Partnership for use of the Public Safety Radio System

Page 27

            3H-5   License Agreement with Hive Home, Inc. for use of a County-owned alley off Palm Street

            3H-6   Second Modification of Deed Restrictions for 5.57 acre parcel located south of Pioneer Road conveyed to KidSanctuary Campus, Inc.

            3H-7   First Amendment with City of Lake Worth for expansion of an easement across a portion of John Prince Memorial Park

 

I. ECONOMIC SUSTAINABILITY

Page 28

            3I-1     Consent for Alexandra Ritchie to receive State Housing Initiatives Partnership funds under the Purchase Assistance Program

 

J. PLANNING, ZONING & BUILDING

Page 28

            3J-1    Building Code Advisory Board appointment

 

K. WATER UTILITIES  -  None

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 29

            3L-1    Management Plan for Pawpaw Preserve Natural Area

            3L-2    Receive and file three Adopt-A-Natural Area Program Agreements

            3L-3    Receive and file three Task Assignments

Page 30

            3L-4    Interlocal Agreement with the Town of Palm Beach for continued operation of the Lake Worth Inlet Sand Transfer Plant

            3L-5    Grant Agreement with the Florida Department of Economic Opportunity for the Pahokee Municipal Marina project

Page 31

            3L-6    Groundwater & Natural Resources Protection Board reappointment

            3L-7    Interlocal Agreement with City of Pahokee to use a portion of the Pahokee Municipal Marina property as a staging area

Page 32

            3L-8    Resolution requesting the Florida Department of Environmental Protection to support funding for several County shoreline protection projects

 

M. PARKS & RECREATION

Page 32

            3M-1   Third Amendment with the City of Belle Glade for funding of the Belle Glade Marina project

            3M-2   Deleted

            3M-3   Addendum to the Memorandum of Understanding with the National Recreation and Park Association associated with out-of-school programs


AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

M. PARKS & RECREATION (Cont’d)

Page 33

            3M-4   Receive and file two Sponsorship Agreements

            3M-5   Receive and file six Independent Contractor Agreements and/or amendments

Page 34

            3M-6   Receive and file eleven Entertainment Contractor Agreements

Page 35

            3M-7   Budget Transfer to the R.G. Kreusler Park Lifeguard/Restroom Building project

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE

Page 35

            3P-1    Grant Application to the Share Our Strength Cooking Matters at the Store tours

 

Q. CRIMINAL JUSTICE COMMISSION

Page 36

            3Q-1   Ratify the Mayor’s signature on a Grant Application to the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Formula Grant Program to fund the Juvenile Reentry Program

Page 37

            3Q-2   Ratify Mayor’s signature on Certification of Participation/Grant Application to FDLE to fund Adult Reentry Program and Law Enforcement eXchange Program

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 38

            3S-1    Receive and file three Interlocal Agreements for Swimming Lessons

            3S-2    Appointment/Reappointment to the Lantana Firefighters’ Pension Fund Board

Page 39

            3S-3    Write-off of uncollectible emergency transport patient records

            3S-4    U.S. Department of Homeland Security Federal Emergency Management Agency FY 2015 Assistance to Firefighters Grant Agreement to purchase automatic chest compression devices

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 40

            3U-1   Task Orders associated with countywide aerial image capture and digital orthophoto mapping services

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 41

            3X-1    Three Grant Adjustment Notices from the U.S. Department of Justice, Office on Violence Against Women

            3X-2    First Amendments with two agencies associated with the Family Drug Court Program

Page 42

            3X-3    Contract for Consulting/Professional Services with Rebecca H. Rhoades for relief veterinary services


AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN  -  None

 

BB. YOUTH SERVICES

Page 42

            3BB-1 Contracts for Professional Services with two Doctoral Psychology interns

Page 43

            3BB-2 Contracts for Professional Services with two Postdoctoral Psychology residents

           

CC. INTERNAL AUDITOR

Page 43

            3CC-1            Receive and file three audit reports

 

            DD. SHERIFF

Page 44

            3DD-1            Financial Assistance Agreement with the Florida Department of Law Enforcement  associated with operation of the Crime Lab

            3DD-2            Donation from the Howard E. Hill Foundation, Inc. for the FY 2017 Gunfire Detection and Location project

Page 45

            3DD-3            Budget Transfer from the Law Enforcement Trust Fund

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 46

            4A-1    Resolution to abandon a portion of the right-of-way track of South Edgewater Drive

            4A-2    Five Year Road Program Ordinance

            4B-1    Designation of 4965 Lantana Road as a Brownfield Area

Page 47

            4C-1   Ordinance establishing the Gulfstream Polo Community Development District

            4D-1   Issuance of a Special Secondary Service Certificate of Public Convenience and Necessity with Universal Protection Services, LLC to provide advance life support to The Polo Club of Boca Raton

 

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 48

            5A-1    Resolution urging Congress to expedite repairs to the Herbert Hoover Dike

 

            COMMUNITY SERVICES

Page 48

            5B -1   Financially Assisted Agencies Program allocations


AUGUST 16, 2016

 

TABLE OF CONTENTS

 

 

REGULAR AGENDA CONTINUED

 

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 49

            5C-1   First Amendment to extend the term of the Concessionaire Service Agreement with Hawkhaven, LLC d/b/a Lazy Loggerhead Café at Carlin Park

 

           

BOARD APPOINTMENTS  (Page 51)

 

STAFF COMMENTS  (Page 52)

 

COMMISSIONER COMMENTS (Page 53)

 

ADJOURNMENT (Page 53)

 


AUGUST 16, 2016

 

 

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

 

 

            1.         Presentation of a plaque from the Palm Beach County Board of County Commissioners in appreciation of State Representative MaryLynn Magar’s leadership as Chair of the Palm Beach County Legislative Delegation.

 

 

            2.         Proclamation declaring August 16, 2016 as “Taekwondo Day” in Palm Beach County. (Sponsored by Commissioner Vana)

 

 

            3.         Proclamation recognizing the Palm Beach County Chapter of the National Organization for Women (PBCNOW). (Sponsored by Commissioner Burdick)

 

 

4.         ADD-ON: Certificate of Special Recognition to Lynn Loredo. (Sponsored by Commissioner Burdick)

 

 

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


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file:  Warrant List – Backup information can be viewed in the Clerk & Comptroller’s Office.

 

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners’ meetings:

 

Meeting Type                               Meeting Date

Zoning                                            April 28, 2016

Regular                                           May 3, 2016

Joint                                                            May 10, 2016

Special                                            May 10, 2016

Regular                                           May 17, 2016

Zoning                                            May 26, 2016

Zoning                                            June 23, 2016

 

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller’s Office. Countywide

 

 

4.         Staff recommends motion to receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during February 2016. Countywide

 

 

                        5.         Staff recommends motion to approve: list of errors, insolvencies, double assessments, discounts & Value Adjustment Board reductions on the 2015 assessment roll.  SUMMARY: Section 197.492, F.S. - Requires that on or before the 60th day after the tax certificate sale, the Tax Collector shall make out a report to the Board of County Commissioners, separately showing the discounts, errors and double assessments and insolvencies for which credit is to be given, including in every case except discounts, the names of the parties on whose account the credit is to be allowed. The Board of County Commissioners, upon receiving the report, shall examine it; make such investigations as may be necessary; and, if the Board discovers that the Tax Collector has taken credit as an insolvent item any personal property tax due by a solvent taxpayer, charge the amount of taxes represented by such item to the Tax Collector and not approve the report until the Tax Collector strikes such item from record. Countywide (PFK)

 

 

6.         Staff recommends motion to receive and file: a list of Clerk & Comptroller (Clerk) Finance Department records which have met the revised required State retention schedule and are scheduled for destruction. SUMMARY:  These records have met the required retention schedule of the Florida Division of Library and Information Services {Ch 28.30, Ch 28.31, Ch 257.36 (6)}. Countywide (PFK)

 

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:  a Corrective County Deed (Deed) to amend the legal description on a County deed that was filed with an erroneous legal description for a parcel of land known as Gardiner Lane located north of Center Street in Jupiter.  SUMMARY: Approval of the Deed will rectify the error made in the previous County deed, which provided approximately 40 additional feet to Gardiner Lane Association, Inc. (Association) and will remove the privately maintained Gardiner Lane limits from the Center Street right-of-way. This action will have no fiscal impact. District 1 (MRE)

 

 

2.         Staff recommends motion to approve: a Task Order to the annual Civil Contract (R2016-0310) in the amount of $206,641.45 with Mock, Roos and Associates, Inc. (MRA) for professional services for the 10th Avenue North and Boutwell Road Intersection Improvements (Project).  SUMMARY:  Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the annual Civil Contract by MRA is 100%. MRA has proposed 100% participation for this Project. MRA is a Palm Beach County based company and an SBE company. District 3 (MRE)

 

 

3.         Staff recommends motion to approve:  a Task Order to the annual Intersection Improvement Contract (R2014-0892) in the amount of $243,302.63 with HSQ Group, Incorporated (HSQ) for professional services for the 45th Street and Military Trail Intersection Improvements (Project).  SUMMARY:  Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the annual Intersection Improvement Contract by HSQ is 80%. HSQ has proposed 97.19% participation for this Project. HSQ is a Palm Beach County based company and an SBE company.  District 7 (MRE)

 

 

4.         Staff recommends motion to adopt: a Resolution to support the intersection improvements planned for Southern Boulevard (SR-80) and Forest Hill Boulevard, by the Florida Department of Transportation (FDOT).  SUMMARY: Adoption of this Resolution will support the planned improvements by FDOT to the intersection of SR-80 and Forest Hill Boulevard to improve traffic capacity by constructing a third westbound left turn lane, and a continuous northbound to eastbound right turn lane. The intersection improvements will require widening of the Forest Hill Boulevard Bridge over the C-51 Canal, which is owned and maintained by Palm Beach County. FDOT’s policy requires all local agencies that have jurisdiction or facilities impacted by planned FDOT improvements to adopt a resolution supporting the planned improvements. District 6 (MRE)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) a Contract with R&D Paving, LLC (R&D) in the amount of $454,770.85 for the construction of paving and drainage improvements for Penny Lane, Melaleuca Lane to the dead end (Project); and

 

B) Change Order No. 1 to deduct the amount of $92,451.90 from the Contract with R&D for the construction of the Project.

 

SUMMARY: Approval of the construction contract will allow Palm Beach County (County) to issue a notice to proceed to R&D, a Palm Beach County based company, to construct the Project, which includes roadway pavement, driveway reconstruction and a new stormwater system.  The County’s Small Business Enterprise (SBE) goal for all projects is 15% overall.  The SBE participation proposed for the Project by R&D is 27.39%. Approval of Change Order No. 1 will delete pavement components not required for construction from the Contract. District 3 (MRE)

 

 

6.         Staff recommends motion to approve: a Proportionate Share Agreement (Agreement) with Lantana Development, LLC (Developer) for a total minimum proportionate share payment of $1,844,461.08 associated with the transportation impacts of the Water Tower Commons Development (Project). SUMMARY: Approval of this Agreement will commit the Developer to pay, at a minimum, its proportionate share of $1,844,461.08, if the Developer completes construction of capacity improvements on Lantana Road within twenty-four months of acquisition of right-of-way sufficient for that improvement.  If the Developer does not complete construction of this improvement within the time frame stipulated, the Developer shall pay an additional $436,972.88 (additional payment).  This payment, or developer construction of certain projects, will satisfy countywide traffic concurrency for the Project located on the north side of Lantana Road between Andrew Redding Road and North 8th Street (the former A.G. Holly site). Pursuant to Florida Statutes, Palm Beach County must enter into a binding agreement with the Developer for the proportionate share of transportation impacts associated with the Project. This Agreement obligates the County to extend three existing turn lanes on Lantana Road in the vicinity of the Project and work with Florida Department of Transportation to accelerate the Lantana Road/I-95 interchange improvements. District 3 (LB)

 

 

7.         Staff recommends motion to approve: a subordination of utility interests and agreement for reimbursement for additional facility relocations (Subordination) with Florida Power & Light Company (FPL) on a parcel of land located on the west side of Boca Rio Road, north of Via Ancho Road.  SUMMARY:  Howell Brothers Family Limited Partnership (Property Owner) is developing its property at the northwest corner of Boca Rio Road and Via Ancho Road.  As a condition of a right-of-way construction permit issued by the Palm Beach County (County) Land Development Division, the Property Owner is providing the County with additional right-of-way on the west side of Boca Rio Road. The additional right-of-way to be conveyed is encumbered by an easement in favor of FPL.  Land conveyed to the County is required to be free and clear of all encumbrances.  Approval of the Subordination will subordinate the FPL easement interest and allow the County to accept the additional right-of-way.  The Subordination requires FPL to relocate any facilities it may have from the dedicated right-of-way, when and if requested by the County, and requires the County to pay for reasonable relocation costs of said facilities, as necessary. District 5 (MRE)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

8.         Staff recommends motion to approve: Change Order No. 1 to adjust the unit prices to more closely reflect actual construction, resulting in a decrease of the contract sum by $1,240,447.48 and a payment of $151,716 to Shoreline Foundation, Inc. (Contractor) for construction of County Road 880 Twenty Mile Bend Slope Protection, R2015-0463 (Project).  SUMMARY:  Approval of Change Order No. 1 will compensate the Contractor $151,716 for costs associated with the renegotiation of contract pay item No. 6, channel excavation, and pay item No. 15, sand and 57 stone (50-50 mix), and adjust the final contract amount from $4,064,012.40 to $2,823,564.92 due to quantity underruns in accordance with the contract documents and federal regulations. Change Order No. 1 is being brought to the Board of County Commissioners because it exceeds the individual Change Order threshold referenced in PPM CW-F-050. District 6 (MRE)

 

 

9.         Staff recommends motion to approve:

 

A) a Contract with West Construction, Inc. (West), in the amount of $811,585, for the construction of Canal Point Pedestrian Bridge (Project); and

 

B) a Budget Transfer of $66,827 in the Capital Outlay Fund from County Community Revitalization Team Recoup Funding for the Project.

 

SUMMARY: Approval of this Contract and Budget Transfer will allow Palm Beach County to issue a notice to proceed to West, a Palm Beach County based company, to begin construction of the Project.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15%, but the responsive bidders cannot be ranked for SBE compliance for this Project due to federal funding restrictions. District 6 (MRE)

 

 

10.       Staff recommends motion to approve: a Grade Crossing Traffic Control Signal Agreement (Agreement) with South Central Florida Express, Inc. (SCFE) for the installation and signal maintenance of grade crossing traffic control devices at the SCFE mainline crossing on Rogers Road, Crossing Number 627737-G (Crossing).  SUMMARY:  Approval of the Agreement will allow for installation and maintenance of grade crossing traffic control devices at the Crossing.  The SCFE will install these signals at no cost to Palm Beach County (County).  The County will then pay 50 percent (50%) of the costs of signal maintenance fees for this Crossing which is classified as a Class III crossing.  The annual maintenance cost for a Class III crossing is currently $3,600. District 6 (MRE)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve:  a settlement proposal in the lawsuit styled Palm Beach County Board of County Commissioners, Plaintiff, v. Safety National Casualty Corporation, Defendant, In The United States District Court, Southern District Of Florida, case number 15-CIV-80262, wherein the Defendant, Safety National Casualty Corporation, has conditionally agreed to pay Palm Beach County $660,000, inclusive of attorney’s fees and costs, to resolve a breach of contract lawsuit.  SUMMARY:  From 1986 through 1988 Palm Beach County (County) purchased excess workers compensation insurance from Defendant, Safety National Casualty Corporation (Safety National).  For the 1988 policy period, the County had a $350,000 SIR (Self Insured Retention), meaning that the County was responsible for paying out the first $350,000 in workers’ compensation benefits, such as indemnity (wages) and medical.  As of May 2016, the County has paid out in excess of the SIR approximately $600,726 in worker’s compensation benefits to a former County Fire Rescue employee, Larry Aversano, who was injured on the job while working for the County in 1988.  The County requested reimbursement from Safety National.  In October 2013, Safety National denied the County’s reimbursement request and the County filed suit in February 2015.  In May 2016, the parties attended Court ordered mediation.  Subsequently, the parties reached a tentative settlement agreement with the following terms and conditions: 1) The settlement proposal is subject to County approval; 2) Safety National shall pay the County $660,000, inclusive of attorney’s fees and costs; 3) the County shall execute a release in favor of Safety National and dismiss its lawsuit with prejudice. Countywide (AP)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.            Staff recommends motion to approve: A) appointment of new member to the Community Action Advisory Board; and B) reappointment of member to the Community Action Advisory Board:

 

A) Appoint new member:

 

Seat No.  Appointment         Seat Requirement                  Term                  Nominated By:

    4           Armando Fana         Public Sector              08/16/2016-09/30/2019   Comm. Taylor

                                                Representative

 

B)  Reappoint member:

 

Seat No.  Reappointment     Seat Requirement                 Term                   Nominated By:

   13          Theresa Jackson     Representative of       10/01/2014-09/30/2017   Democratically

                                                the Low-Income                                                  selected in

                                                                                                                           Boynton Beach

 

SUMMARY:  The total membership for the Community Action Advisory Board (CAAB) shall be no more than 15 members, per Resolution No. R-2014-0588, comprised of one-third elected public officials or their representatives, one-third private sector members recommended by the CAAB and one-third low-income representatives selected by a democratic process in the target neighborhoods served.  Members will fully participate in the planning, implementation and evaluation of the Community Services Block Grant program to serve low-income communities. The Resolution requires that CAAB members solicit and recommend Public Sector member nominations for transmittal to the Board of County Commissioners. The Board of County Commissioners was notified by memo dated June 20, 2016, and requested to provide nominations for appointments.  Ms. Jackson was duly elected to a second term on July 29, 2014; however, due to an oversight her name was not submitted to the Board of County Commissioners at that time.  She has served since her election as a defacto board member. Both Mr. Fana and Ms. Jackson meet all applicable guidelines and requirements outlined in the Resolution adopted by the Board of County Commissioners on May 6, 2014. The ethnic makeup of the CAAB, including the above nominees, consists of eight African-American females, one African-American male, one Caucasian female, and one Hispanic male. (Community Action Program) Countywide (HH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: appointments to the Homeless Advisory Board, effective August 16, 2016:

 

Seat No.  Appointment        Member Category              Nominated By:           Term Ending

    5           William Thrasher    PBC League of                    League of Cities             9/30/2019

                                               Cities Representative

 

   14          Linda Kane             Southeast FL Behavioral     Community Services       9/30/2019

                                               Health Network, Inc.            Department

                                               Representative 

 

SUMMARY:  On May 1, 2007, the Board of County Commissioners (BCC) established the Homeless Advisory Board (HAB) to develop a Ten-Year Plan to End Homelessness in Palm Beach County (Ten-Year Plan). The total membership for the Homeless Advisory Board shall be no more than 14 members, per Resolution No. R2016-0038, comprised of members representing government, business, providers, advocates, education, faith-based and the formerly homeless. Members representing the Continuum of Care and the homeless community are essential to the work of this board.  Ms. Kane has disclosed that she is employed by Southeast Florida Behavioral Health Network, Inc. which contracts with the County for services. The HAB provides no regulation, oversight, management, or policy setting recommendations regarding contracts. Disclosure of this contractual relationship is being provided in accordance with the provision of Sect. 2-443 of the Palm Beach County Code of Ethics. The ethnic makeup of the HAB, including the above nominees, consists of four Caucasian males, two African-American males, one Hispanic female, one Native-American female, one African-American female and three Caucasian females. (Human Services) Countywide (HH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file:

 

1.   Amendment 001 to Standard Agreement No. IU016-9500 (R2015-1608) for Nutrition Services Incentive Program (NSIP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period October 1, 2015, through September 30, 2016, to amend, revise and replace portions of the standard agreement and increase the total funding by $5,384, to provide effective delivery of nutritious meals to older individuals; and

 

2.   Amendment 001 to Standard Agreement No. IR015-9500 (R2015-1446) for Respite for Elders Living in Everyday Families (RELIEF) with the AAA, for the period July 1, 2015, through June 30, 2016, to revise portions of the standard agreement and increase overall total funding by $36,020,  to offer a volunteer-based program providing in-home respite to caregivers of frail, homebound elders.

 

B) approve:

 

1.   Renewal Agreement IR015-9500 (R2015-1446) for Respite for Elders Living in Everyday Families (RELIEF) with the AAA, for the period July 1, 2016, through June 30, 2017 not to exceed $138,600, to provide a volunteer based program providing in-home respite to caregivers of frail, homebound elders; and

 

2.   Amendment 003 to Standard Agreement No. IP015-9500 (R2015-1449) for the Emergency Assistance for the Elderly Program (EHEAP) with AAA, for the   period April 1, 2016, through March 31, 2017, to renumber sections, revise, replace, add, delete portions of the standard agreement, to provide home energy assistance to seniors.

 

C) approve Budget Amendment of $146,460 in the DOSS Administration Fund to align the budget with the actual grant award.

 

SUMMARY:  Grant adjustments are made during the contract year to align services with need.  These Amendments and Agreements outline funding allocations for NSIP/ RELIEF/EHEAP agreement periods. NSIP Amendment No. 001 and RELIEF Amendment 001 were executed by the County Administrator in accordance with Resolution R2013-0242, which delegated authority to the County Administrator, or designee, to sign documents related to Division of Senior Services (DOSS)/AAA grant amendments.  These receive and file items are being submitted in accordance with Countywide PPM CW-O-051 to allow the Clerk’s Office to note and receive the executed Amendments.  Required County match funds are included in current budget. (DOSS) Countywide except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (HH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to receive and file: Contract for Provision of Financial Assistance with Gulfstream Goodwill Industries, Inc., for the period June 1, 2016, through September 30, 2016, in an amount totaling $50,000 to provide training and employment services for up to 45 qualified clients.  SUMMARY:  On April 2, 2013, the Board of County Commissioners (BCC) approved a list of pre-qualified public and non-profit agencies to provide various training services for the Community Services Department (Agenda Item 3.E.6). Gulfstream Goodwill Industries, Inc. (GGI) has been selected to provide employment skills training and job placement services to 45 qualified clients. The training funds are provided by the Community Service Block Grant. Qualified Clients must be residents of Palm Beach County and meet the Federal Poverty Guidelines. This Contract was executed by delegated authority. On April 2, 2013, the BCC authorized the County Administrator, or designee to execute contracts for this purpose. This Contract is being submitted in accordance with Countywide PPM CW-O-051 to allow the Clerk’s Office to note and receive this item. No County funds are required. (Community Action Program) Countywide (HH)

 

 

5.         Staff recommends motion to ratify: signature of the Vice Mayor on Subaward Agreement No. 9920160083 Addressing HIV CARE Project with the RAND Corporation, for the period May 13, 2016, through August 31, 2016, in an amount not to exceed $82,950, to continue improving health outcomes for persons living with HIV Spectrum Disease. SUMMARY: On March 1, 2016, the Board of County Commissioners ratified the Ryan White Part A, Data Integration Grant with the RAND Corporation (R2016-0239). A Subaward Agreement was received from the RAND Corporation issuing a grant amount of $82,950. The total anticipated award is $317,365, of which $82,950 is being requested in the first grant funding period beginning May 13, 2016, through August 31, 2016. The grant award will continue through two subsequent twelve month funding cycles. The Addressing HIV CARE Project is a collaboration between Palm Beach County Community Services Department and the City of West Palm Beach, Department of Housing and Community Development. The funding provides support to integrate data management systems between the Ryan White Part A and Housing Opportunities for Persons with AIDS (HOPWA) programs. The funds will improve the delivery of medical and housing services, improve health outcomes, coordinate service delivery, and quality management through improved data infrastructure for homeless HIV-positive clients. The emergency signature process was utilized because there was not sufficient time to submit the agreement through the regular Board of County Commissioner’s agenda process. No County match is required. (Ryan White)  Countywide (HH)

 

 

6.         Staff recommends motion to approve:  Professional Services Contract with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period August 16, 2016, through December 31, 2018, for a total amount not to exceed $14,850, to provide education workshops to assist caregivers in providing support to seniors. SUMMARY:  The Division of Senior Services (DOSS) is collaborating with AAA to provide Powerful Tools for Caregivers education workshops to assist caregivers in providing support to loved ones. Powerful Tools for Caregivers is a six-week evidence-based education program for family caregivers to improve self-care behaviors, management of emotions, self-efficacy and use of community resources.  The services provided under the contract are separate from any other commitment previously made between AAA and DOSS. No County funds required. (DOSS) Countywide (HH)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to:

 

A) ratify signature of the Mayor on the 2016 Florida Department of Children and Families Homeless Prevention-Temporary Assistance for Needy Families (TANF) Grant Application, for a period not to exceed June 30, 2017, in the amount of $70,000 for homeless prevention services for families; and

 

B) delegate signature authority to the County Administrator, or designee, to sign the 2016 Florida Department of Children and Families Homeless Prevention Grant Contract and any required forms for an amount up to $70,000; and

 

C) delegate signature authority to the County Administrator, or designee, to sign the subcontract with Farmworker Coordinating Council of Palm Beach County, Inc., for a period not to exceed June 30, 2017, in an amount up to $70,000 for homeless prevention services.

 

SUMMARY:  In 2013, the Florida Legislature created the Homeless Prevention Grant program to provide emergency financial assistance to families facing the loss of their housing due to a financial crisis.  In accordance with Section 420.624, Florida Statutes, the grant application must be submitted by the Lead Agency for the Continuum of Care.  Human Services serves in this capacity for Palm Beach County.  If awarded the grant, the funding will be sub-contracted with Farmworker Coordinating Council of Palm Beach County, Inc. to provide financial assistance, such as rental and utility assistance for 30 families. Annie L. Monroe of Farmworker Coordinating Council of Palm Beach County, Inc. serves on a county advisory board, the Farmworker Program Advisory Board.  This board provides no regulation, oversight, management, or policy-setting recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  All funds must be expended no later than June 30, 2017.  Follow up services must be continued through June 30, 2018.  The emergency signature process was utilized because there was not sufficient time to submit the agreement through the regular Board of County Commissioner’s agenda process.  No County match funds are required. (Human Services) Countywide (HH)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

8.         Staff recommends motion to:

 

A) receive and file Notice of Award No. 6 H89HA00034-23-01 from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), for the period March 1, 2016, through February 28, 2017, to increase total funding by $3,452,932, for a new total grant amount not to exceed $7,642,142, for new and existing programs to continue improving health outcomes for clients; and

 

B) approve Budget Amendment of $3,282,857 in the Ryan White Care Program Fund to align the budget to actual grant award.

 

SUMMARY: A final notice of award was received on May 18, 2016 from HRSA, issuing remaining funding for the current grant year in the amount of $3,452,932. The total grant award for Grant Year 2016, including this grant award is $7,642,142. On December 15, 2015, the Board of County Commissioners ratified the Mayor’s signature on the Ryan White Part A HIV Emergency Relief Grant Program application (R2015-1754).  These funds will provide for new programs and maintain all existing programs, increase funding for health insurance premiums, deductibles and co-payments. The grant will allow Community Services to continue providing needed medical and support services to Palm Beach County residents living with HIV/AIDS. No County match is required.  (Ryan White) Countywide (HH)

 

 

9.         Staff recommends motion to approve:  Amendment 01 to Contract for Provision of Services with Adopt-A-Family of the Palm Beaches, Inc. (R2015-1244), for the period October 1, 2015, through September 30, 2016, increasing funding by $35,183 for a new total contract amount not to exceed $208,671 for the operation of Program Reach. SUMMARY:  The purpose of this Amendment is to reallocate the remaining Center for Family Services of Palm Beach County, Inc. (CFS) (R2015-1246) Emergency Solutions Grant (ESG) funds to Adopt-A-Family of the Palm Beaches, Inc. (AAF).  ESG funds are managed by the Department of Economic Sustainability (DES) and require a thirty day public notice of changes made to the 2015 - 2016 Action Plan (Action Plan). A public notice was placed in the Palm Beach Post on July 5, 2016. DES has amended their Action Plan as required by the U.S. Department of Housing and Urban Development. The DES Action Plan was finalized on August 5, 2016, allowing the Community Services Department (CSD), to proceed with the reallocation of funds. This Amendment allows AAF to continue responsibilities of Program Reach, formally known as Pat Reeves Village, the only emergency shelter for homeless families with dependent children in Palm Beach County. CFS ESG contract funding in the amount of $35,183 is the remaining funding being reallocated to AAF. No County funds are required. (Human Services) Countywide (HH)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  First Amendment to the Non-Signatory Airline Agreement with WestJet, an Alberta Partnership (R2016-0158), replacing Exhibit “B” reducing their leasehold at the Palm Beach International Airport effective May 1, 2016.  SUMMARY:  Delegation of authority for execution to amend the standard County agreement above was approved by the Board of County Commissioners in R2014-1575. Countywide (AH)

 

 

2.         Staff recommends motion to receive and file:  Signatory Airline Agreement with Bahamasair Holding Limited, Inc., a Bahamian corporation, commencing March 15, 2016, and terminating September 30, 2019. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1033. Countywide (AH)

 

 

3.         Staff recommends motion to receive and file: Signatory Airline Agreement with American Airlines, Inc., commencing June 1, 2016, and terminating September 30, 2019. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1033.  Countywide (AH)

 

 

4.         Staff recommends motion to approve: Modification No. P00003 to the Other Transaction Agreement (OTA) No. HSTS04-11-H-CT1303 with the Department of Homeland Security/Transportation Security Administration (DHS/TSA) for changes to the language in the OTA regarding Retainage and Release of Claims, and to extend the Period of Performance to January 31, 2017, for improvements to the Checked Baggage Screening System at Palm Beach International Airport (PBIA). SUMMARY: DHS/TSA provided an OTA in 2011 for funding participation of the project in the amount of $26,736,942, which was executed through the delegation of authority that was approved by the Board on August 16, 2011 (Agenda Item 3F9).  Subsequently, the OTA was approved as a Receive and File agenda item on October 18, 2011 (R2011-1574).  Modification No. P00001 approved by the Board on September 9, 2014 (R2014-1297) extended the Period of Performance to September 30, 2016.  Modification No. P00002 approved by the Board on July 21, 2015 (R2015-0916) increased the base award by $4,134,736 for a total funding participation of $30,871,678 and corrected the Period of Performance from September 30, 2016, to July 1, 2016.  Approval of Modification No. P00003 allows for the release of 5% of the retainage withheld to date on the project and waives the County’s ability to seek additional reimbursement from the TSA for this project beyond the current obligated amount, and extends the Period of Performance from July 1, 2016, to January 31, 2017. Countywide (AH)

 

 

5.         Staff recommends motion to adopt: a Resolution adopting a standard form Addendum to Airline Agreement; authorizing the County Administrator, or designee, to execute the standard form Addendum on behalf of the Board of County Commissioners; providing for severability; and providing for an effective date. SUMMARY: Airlines enter into agreements with the County authorizing their aircraft operations at the Palm Beach International Airport (PBIA).  Airlines that operate on a seasonal basis often require use of airport facilities, such as ticket counter and office spaces, on a short-term basis. This Resolution adopts a standard form Addendum to Airline Agreement that will allow the Department of Airports (Department) to add and remove space on a seasonal basis without having to enter into a formal amendment each time space is added or removed, which will ensure that the Department is capable of timely responding to airline requests for temporary use of space. Countywide (AH)

 

 

AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

6.         Staff recommends motion to receive and file:  a Transportation Network Company (TNC) Ground Transportation Operating Permit (Permit) with:

 

A) Rasier-DC, LLC, a Delaware limited liability company and subsidiary of Uber Technologies, Inc., commencing on May 1, 2016, terminating on September 30, 2016, and automatically renewing on an October 1st to September 30th annual basis until canceled; and

 

B) Lyft, Inc., a Delaware corporation, commencing on May 1, 2016, terminating on September 30, 2016, and automatically renewing on an October 1st to September 30th annual basis until canceled.

 

SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2016-0758.  Countywide (AH)

 

 

7.         Staff recommends motion to approve:

 

A) Change Order No. 1 to the Contract with Ranger Construction Industries, Inc. in the amount of $13,615.98 and a time extension of 41 calendar days for the Concourse A/B Commuter Apron and Taxilane Rehabilitation project at Palm Beach International Airport (PBIA); and

 

B) a Budget Transfer of $13,616 in the Airport’s Improvement and Development Fund to provide budget for Change Order No. 1 to the contract with Ranger Construction Industries, Inc.  This includes a transfer from Reserves of $13,616.

 

SUMMARY: The Contract with Ranger Construction Industries, Inc. was approved by the Board July 7, 2015 (R2015-0848) in the amount of $3,894,964. Change Order No. 1 in the amount of $13,615.98 and 41 calendar days is being brought to the Board for approval pursuant to PPM CW-F-50 due to the theoretical value of the time extension based on liquidated damages. The Disadvantaged Business Enterprise goal for this Project was established at 15%.  The total to date participation for this contract is 15.61%. Countywide (AH)

 

 

8.         Staff recommends motion to receive and file:  License Agreement with Delta Air Lines, Inc., effective June 15, 2016, providing for use of space in connection with Delta’s operations at the Palm Beach International Airport (PBIA) on a month-to-month basis until canceled and the payment of license fees based on the then-current terminal rental rate. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

 

 

9.         Staff recommends motion to receive and file:  a summary of fees and charges for the standard form Hotel-Motel Courtesy Shuttle Operator Permit (Permit) at the Palm Beach International Airport (PBIA) commencing October 1, 2016, pursuant to Resolution 2010-0707. SUMMARY: Commencing October 1, 2016, the annual fee for new or renewed Permits will be increased by $5 (4.3%), from $115 to $120.  Delegation of authority for increases not to exceed 5% per year without further action by the Board was approved in R2010-0707. Countywide (AH)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

10.       Staff recommends motion to approve:

 

A) Modification No. P00006 (Mod 6) to Other Transaction Agreement HSTS01-13-H-CKP127 (R2013-0529) (OTA) with the Transportation Security Administration (TSA), for reimbursement of fixed electrical, heating ventilation air conditioning (HVAC), lighting costs and janitorial services for TSA security checkpoint and baggage screening areas at the Palm Beach International Airport (PBIA); and

 

B) Modification No. P00007 (Mod 7) to the OTA with the TSA, to de-obligate $12,176.24 in funding previously obligated by TSA for janitorial services, resulting from the decrease in janitorial space, as provided for in Mod 6.

 

SUMMARY: The OTA provides for the use of space and cost reimbursement for electrical and janitorial services by the TSA for security checkpoint and baggage screening areas at PBIA.  TSA’s checked-baggage inspection screening (CBIS) area was relocated in March 2016 as part of the new baggage handling system at PBIA.  In the past, electrical costs for TSA’s equipment were reimbursed based on a separate meter and the former CBIS area was outdoors with no lighting or HVAC costs.  Under Mod 6, electrical costs will be reimbursed at fixed monthly rates of $2,488.91 for equipment and $7,261.72 for HVAC and lighting.  The new CBIS area is smaller and 11,263 square feet less area is subject to janitorial services; accordingly, the required reimbursement amount will be reduced by $1,522.03 per month.  Mod 7 de-obligates eight months of funding for janitorial services from October 1, 2016, through May 31, 2017, for a total of $12,176.24. Countywide (AH)

 

 

11.       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 $300,000 for the acquisition of a High-Pressure Water Blasting Truck for Palm Beach International Airport (PBIA).  This JPA will become effective upon final execution by the FDOT with an expiration date of September 30, 2018; and

 

B) approve a Budget Amendment of $300,000 in the Airport’s Capital Projects Fund to recognize the receipt of a grant from the FDOT and increase project budget by $300,000.  $300,000 matching Airport Local funding is currently in the FY 2016 budget.

 

SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $300,000 or 50% of the eligible project costs, whichever is less. Countywide (AH)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:  a negotiated settlement agreement in the amount of $40,000 for the full satisfaction of a Code Enforcement Lien that was entered against John & Clotilde Paiva on August 7, 2013.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on February 6, 2013 on property owned by John & Clotilde Paiva (the “Paivas”) giving them until June 6, 2013 to bring the property located at 8608 Pioneer Road, West Palm Beach into full Code Compliance. The property had been cited for constructing a retaining wall around the perimeter of a pond without the required building permits and inspections. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $100 per day was imposed. The CESM then entered a claim of lien against the Paivas on August 7, 2013. Code Enforcement issued an Affidavit of Compliance for the property on April 9, 2015 stating the code violations had been corrected as of April 8, 2015. The total accrued lien amount through October 31, 2015, the month in which settlement discussions began, totaled $83,479.82, of which the Paivas have agreed to pay the County $40,000 for full settlement of their outstanding Code Enforcement Lien. District 6 (PM)

 

 

2.         Staff recommends motion to approve:  a negotiated settlement agreement in the amount of $7,500 for the full satisfaction of a Code Enforcement Lien that was entered against Kelly D. & Kevin Reed on February 7, 2009.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on October 1, 2008 on property owned by Kelly D. & Kevin Reed (the “Reeds”) giving them until December 30, 2008 to bring the property located at 234 Sleepy Hollow Drive into full Code Compliance. The property had been cited for the installation of storage sheds, an above ground swimming pool and a fence without the proper permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against the Reeds on February 7, 2009. An Affidavit of Compliance was issued by Code Enforcement on November 13, 2013 stating that the cited code violations were fully corrected as of November 8, 2013 and that the property was in full compliance with the CESM’s Order. The total accrued lien amount through February 11, 2014, the date on which settlement discussions began, totaled $110,792.79, of which the Reeds have agreed to pay the County $7,500 for full settlement of their outstanding Code Enforcement Lien. District 2 (PM)

 

 

3.         Staff recommends motion to approve:  a negotiated settlement agreement in the amount of $12,000 for the full satisfaction of a Code Enforcement Lien that was entered against RHA 2, LLC a Delaware Limited Liability Company on June 3, 2015.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on January 7, 2015 on property owned by RHA 2, LLC a Delaware Limited Liability Company (RHA 2) giving them until April 7, 2015 to bring the property located at 5116 Hartwick Lane, West Palm Beach into full Code Compliance.  The property had been cited for alterations/renovations to the interior and exterior of the home and installation of a generator and HVAC all without the required building permits.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against RHA 2 on June 3, 2015. Code Enforcement issued an Affidavit of Compliance for the property on May 17, 2016 stating the code violations had been corrected as of May 12, 2016. The total accrued lien amount through June 15, 2016, the month in which settlement discussions began, totaled $24,028.09, of which RHA 2 has agreed to pay the County $12,000 for full settlement of their outstanding Code Enforcement Lien. District 2 (PM)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

4.         Staff recommends motion to approve:  a negotiated settlement agreement in the amount of $23,300 for the full satisfaction of a Code Enforcement Lien that was entered against Johnny F. Delgado on March 6, 2013. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on September 5, 2012 on property owned by Johnny F. Delgado (Mr. Delgado) giving him until January 3, 2013 to bring the property located at 4286 Clinton Boulevard, Lake Worth into full Code Compliance.  The property had been cited for the conversion of a utility building into living quarters and the addition of structures to the rear of the property without first obtaining the required building permits.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Mr. Delgado on March 6, 2013. Code Enforcement issued an Affidavit of Compliance for the property on November 30, 2015 stating the code violations had been corrected as of November 13, 2015.  The total accrued lien amount through December 31, 2015, the month in which settlement discussions began, totaled $65,300.29, of which Mr. Delgado has agreed to pay the County $23,300 for full settlement of his outstanding Code Enforcement Lien. District 3 (PM)

 

 

5.         Staff recommends motion to approve:  a negotiated settlement agreement in the amount of $22,500 for the full satisfaction of a Code Enforcement Lien that was entered against Julio C. Azzaro on July 2, 2014.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on February 5, 2014 on property owned by Julio C. Azzaro (Mr. Azzaro) giving him until April 6, 2014 to bring the property located at 4703 Holly Lake Drive, Lake Worth into full Code Compliance. The property had been cited for installing a balcony without obtaining the proper permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed.  The CESM then entered a claim of lien against Mr. Azzaro on July 2, 2014. Code Enforcement issued an Affidavit of Compliance for the property on May 9, 2016 stating the code violations had been corrected as of April 8, 2016. The total accrued lien amount through April 30, 2016, the month in which settlement discussions began, totaled $44,977.69, of which Mr.  Azzaro has agreed to pay the County $22,500 for full settlement of his outstanding Code Enforcement Lien. District 2 (PM)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

6.         Staff recommends motion to approve:

 

A) Budget Amendment of $70,887,649 in the $57M PBIA Revenue Refunding Bonds, Series 2016 Debt Service Fund to budget bond proceeds, refunding bond premium, a transfer from the PBIA Operating Fund, costs of issuance, payment to refunding bond escrow agent, and interest expense;

 

B) Budget Amendment of $854,620 in the $69M PBIA Revenue Bond, Series 2006A Debt Service Fund to decrease the interest payment and decrease the transfer from the PBIA Operating Fund; and

 

C) Budget Transfer of $854,620 in the PBIA Operating Fund to decrease the transfer to the $69M PBIA Revenue Bond, Series 2006A Debt Service Fund, increase the transfer to the $57M PBIA Revenue Refunding Bonds, Series 2016 Debt Service Fund, and increase the PBIA Operating Fund contingency reserves.

 

SUMMARY:  On June 21, 2016, the Board authorized the issuance of the PBIA Series 2016 Revenue Refunding Bond for a current refunding for the PBIA Revenue Bonds, Series 2006A through a negotiated sale as recommended by the County Financing Committee (CFC) and the County’s Financial Advisors. Through a competitive negotiated bid process, the County awarded the sale to Raymond James. The refunding resulted in Net Present Value savings of $15.63 million (22.62%) in debt service over the life of the bonds. Countywide (PFK)

 

 

7.         Staff recommends motion to:

 

A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2016 tax roll to be extended prior to completion of the Value Adjustment Board (VAB) hearings; and

 

B) direct the VAB to certify the assessment roll as required by State Statutes.

 

SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2016, and will permit the collection of property taxes prior to completion of the VAB hearings. Countywide (PFK)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Contract with West Construction, Inc. in the amount of $3,183,000 to construct improvements at Riverbend Park, located at 9060 Indiantown Road in Jupiter. SUMMARY: Planned improvements for the 665-acre regional park include the construction of a combined office/public-restroom/pavilion building, new underground utilities including a sewer connection, a 101 space paved car parking lot, a second public restroom building, located on Picnic Island, a pre-fabricated kiosk that will overlook the adjacent Loxahatchee Battlefield Park, as well as landscaping and site/utility improvements.  This work was competitively bid with West Construction submitting the lowest responsive, responsible bid.  Funding for this Contract is from the 2002 $50 Million General Obligation Recreation and Cultural Facilities Bond Referendum and Park Impact Fees Zone 1. The total construction duration is 270 calendar days. The goal for Small Business Enterprises (SBE) participation is 15% and West’s SBE participation for this Contract is 17%.  West Construction is a Palm Beach County business who became the lowest responsible, responsive bidder after application of the preference provision of the County’s Local Preference Ordinance. (Capital Improvements Division) District 1 (LDC)

 

AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to:

 

A) rescind Water Service Agreement (R2014-1452) with the Town of Jupiter and South Florida Water Management District (SFWMD) for water service to Riverbend Park; and

 

B) approve a revised Water Service Agreement with the Town of Jupiter and South Florida Water Management District.

 

SUMMARY: Execution of a Water Service Agreement is a requirement of the Town of Jupiter Utilities Department to provide adequate water facilities and services to the Riverbend Park improvement project.  The construction contract for the project is being submitted as a companion item.  A portion of the Park is leased from SFWMD which must sign the Agreement as the property owner.  Subsequent to the Board’s approval of the original Water Service Agreement on October 7, 2014 (R2014-1452), the SFWMD requested changes to the Agreement which have been agreed to by the Town.  All of the contribution-in-aid of construction water service fees required by the Town has been previously paid by the Parks & Recreation Department. (PREM) District 1 (HJF) (LDC)

 

 

3.         Staff recommends motion to approve:  Supplement No. 1 to Consultant Services Authorization (CSA) No. 1 with Architecture Green, LLC in the amount of $291,439 to provide architectural/engineering services for the Osprey Point Golf Course Pro Shop renovation, Café addition and site modifications.  SUMMARY:  The project consists of renovations to the existing pro shop/café to convert it to a full service pro shop, the addition of a new, full service cafe with seating for approximately 100 patrons and a patio overlooking the golf course, and reconfigured cart parking and staging.  The estimated construction cost is $1,900,000.  The project will be funded through golf course revenues and impact fees. Architecture Green has a continuing services contract for architectural services which provides for a Small Business Enterprise (SBE) participation goal of 100%.  Architecture Green’s SBE participation on this CSA is 100%.  When added to the consultant’s participation to date, the SBE participation is 99.2%.  Architecture Green, LLC is a Palm Beach County business and will be using all Palm Beach County sub-consultants. (Capital Improvements Division) District 5 (LDC)

 

 

4.         Staff recommends motion to approve: an Agreement with JFK Medical Center Limited Partnership d/b/a JFK Medical Center North Campus (Hospital) allowing for interoperable communications through the countywide and EMS common talk groups of the County’s Public Safety Radio System (System).  SUMMARY:  This Agreement provides the conditions under which the Hospital can program its radios and utilize the countywide and EMS common talk groups for certain types of inter-agency communications.  The County’s System will not be utilized for routine operational communications by the Hospital.  The terms of the Agreement are standard and have been offered to other hospitals and EMS providers with 800 MHz trunked radio capabilities. This Agreement also contains state approved standard operating procedures specific to the use of the EMS common talk groups.  There are no charges associated with this Agreement.  The Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with the established operating procedures for the County’s System.  The Agreement retroactively commences on March 15, 2016 for a term of three years.  There are three renewal options, each for a period of three years.  This Agreement may be terminated by either party, with or without cause. (ESS) Countywide (LDC)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve:  a License Agreement with Hive Home, Inc. for its use of a County-owned alley located off of Palm Street in West Palm Beach for a monthly fee of $840.  SUMMARY:  This License Agreement provides for the use of a 43′ x 150′ strip containing approximately 0.15 acres of vacant County-owned property off of Palm Street in West Palm Beach, for vehicle parking.  This alley provides secondary access to the County’s Park Avenue warehouse building and is not currently being utilized.  In May 2016, an Invitation For Bid (IFB) was issued for the licensing of the County’s property exclusively for 14 parking spaces.  On June 15, 2016, Hive Home provided the only bid in response to the IFB.  Hive Home owns the adjacent property and wishes to provide parking for its employees.  Staff recommends awarding the license to Hive Home.  The License Agreement is for five years, with no renewal options, at a monthly fee of $840.  This License may be terminated at any time.  PREM will have administrative responsibility of the License Agreement. (PREM) District 7 (HJF)

 

 

6.         Staff recommends motion to approve: a Second Modification of Deed Restrictions for a 5.57 acre parcel located south of Pioneer Road and west of the Florida Turnpike conveyed to KidSanctuary Campus, Inc.  SUMMARY:  On June 6, 2006, (R2006-1043), the Board conveyed a 5.57 acre parcel located south of Pioneer Road and west of the Florida Turnpike to KidSanctuary, Inc., a non-profit corporation, at no cost, for KidSanctuary’s development of a group home for children with physical and/or emotional disabilities.  The County Deed required the group home to be completed within five years and contained a reverter.  In 2008, KidSanctuary transferred the property to a new development entity, KidSanctuary Campus, Inc. and requested an extension of the development milestones.  On June 7, 2011, (R2011-0841), the Board approved an extension to construct the facility in five phases over a 15 year period, expiring on February 1, 2026.  KidSanctuary Campus has completed three of the five phases in advance of the deadlines, but out of the sequence required by the revised milestones.  KidSanctuary Campus recently purchased the adjacent 2.5 acre property for future expansion of its program and has requested that they be permitted to construct the recreation/administration/enrichment center on either the 5.57 acre parcel or the 2.5 acre adjacent property.  This Second Modification of Deed Restrictions documents the actual completion dates of the completed Phases and allows KidSanctuary Campus, at its discretion, to construct the recreation/administration/enrichment center on either property.  All other conditions and restrictions remain unmodified and in full force and effect. (PREM) District 2 (HJF)

 

 

7.         Staff recommends motion to approve:  a First Amendment to Easement Agreement in favor of the City of Lake Worth (City) for expansion of an easement across a portion of John Prince Memorial Park.  SUMMARY:  On November 18, 2008, the Board approved a non-exclusive Easement Agreement with the City (R2008-2063), for a Floridan Aquifer raw water well and a transmission pipeline for the purpose of supplying an alternative water supply to the City.  The well and transmission lines that were installed encumber an area west of the west right-of-way of Lake Osborne Drive between Lake Worth Road and 6th Avenue South.  A second transmission line was subsequently installed near the edge of the existing easement area requiring the easement footprint to be expanded in certain areas by a total of 882 sf. The City approved the First Amendment on June 6, 2016. This First Amendment will be recorded to show the new total easement footprint. (PREM)  District 3 (HJF)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINAIBILITY

 

1.         REVISED SUMMARY: Staff recommends motion to approve: Consent for Alexandra Ritchie, a Palm Beach County Clerk & Comptroller employee, to receive State Housing Initiatives Partnership (SHIP) funds under the Purchase Assistance Program as administered by the Department of Economic Sustainability (DES). SUMMARY: Alexandra Ritchie is an income eligible applicant who is seeking to receive $42,500 $10,050 in a forgivable second mortgage under the Purchase Assistance Program.  Funding availability for the Program was posted on the DES website and advertised in the Palm Beach Post on February 21st and 24th, 2016.  Applicants are funded on a first qualified, first approved basis as long as funds are available.  Ms. Ritchie, who applied for assistance on April 13, 2016, has been employed by the Palm Beach County Clerk & Comptroller as a Court Specialist III since April 2015.  She is seeking to purchase a home at 2772 Cambridge Road in Lake Worth.  The purchase price of the home is $210,000 and it has appraised at $210,000.  It contains 1,400 square feet with two bedrooms and two bathrooms. Ms. Ritchie’s minimum contribution will be $7,350, which meets the required three and one-half percent (3.5%) of the purchase price.  The first mortgage of $168,000 $200,000, to be provided by BB&T Home Mortgage, will be for 30 years at a 3.75% interest.  The County’s second mortgage of $42,500 $10,050 will be a deferred loan that is forgiven at the end of 30 years as long as the home remains the homeowner’s principal place of residence. If the homeowner rents, sells, or otherwise conveys the home during the 30 years, the entire principal amount will become due and payable. These are State SHIP funds which require no local match. District 3 (JB)

 

 

J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: appointment of one new member to the Building Code Advisory Board to complete an unexpired term ending January 13, 2017 and begin a full three year term commencing January 14, 2017 and ending January 13, 2020:

Appoint                  Seat    Requirement      Nominated By                       Term

Shane Kittendorf          4       Building Official       Building Officials        8/16/2016 – 1/13/2020

                                                                                                                  Association of

                                                                          Palm Beach County

 

SUMMARY: The Building Code Advisory Board was established by a Special Act of the Florida Legislature in 1974, and amended in 2001. The term of office for Board members is three years with no limit to the number of terms a member may serve. The Building Officials Association of Palm Beach County has nominated Shane Kittendorf to serve as Building Official for District 4 to fill the vacancy created by the retirement of the current District 4 Building Official whose term expires January 13, 2017 and begin a full three year term on January 14, 2017. The Board is comprised of sixteen members: seven Building Officials, one from each commission election district appointed from nominees submitted by the Building Officials Association of Palm Beach County; seven members appointed from nominees submitted by the Construction Industry Management Council of Palm Beach County; one registered architect appointed from nominees submitted by the Palm Beach Chapter of the American Institute of Architects; and one professional engineer appointed from nominees submitted by the Palm Beach Chapter of the Florida Engineering Society. This advisory committee membership has 16 seats, 14 currently filled and 2 vacancies, and a diversity count of Caucasian: 12 (86.00%), Hispanic-American: 1 (7.00%), and Asian-American: 1 (7.00%). The gender ratio (male:female) is 14:0. Countywide (SF)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve: a Management Plan for the Pawpaw Preserve Natural Area.  Summary: The Management Plan (Plan) identifies natural resources present on the site and provides for the preservation, restoration, management and passive recreational uses of those resources.  The first update to the Plan will be due in 2026. District 1 (AH)

 

 

2.         Staff recommends motion to receive and file:

 

A) an Adopt-A-Natural Area Program Agreement with the Snook and Gamefish Foundation, Inc. for the promotion and maintenance of Jupiter Ridge Natural Area for a period from May 26, 2016, through May 26, 2017;

 

B) an Adopt-A-Natural Area Program Agreement with the Palm Beach Pack and Paddle Club, Inc. for the promotion and maintenance of Winding Waters Natural Area for a period from June 3, 2016, through June 3, 2017; and

 

C) an Adopt-A-Natural Area Program Agreement with the Audubon Society of the Everglades, Inc. for the promotion and maintenance of Frenchman’s Forest, Seacrest Scrub and Pine Glades Natural Area for a period from June 21, 2016, through June 21, 2017.

 

Summary:  On November 17, 2015, the Board of County Commissioners approved the Adopt-A-Natural Area Program Agreement (R2015-1630) for the purpose of promoting the County’s Natural Areas Program.  Delegated authority to sign the Agreement was approved at that time.  The Snook and Gamefish Foundation, Inc. will develop posters and conduct fishing clinics at Jupiter Ridge Natural Area; The Palm Beach Pack and Paddle Club, Inc. will conduct tours of Winding Waters Natural Area; The Audubon Society of the Everglades, Inc. will lead birding walks at several natural areas. Countywide (AH)

 

 

3.         Staff recommends motion to receive and file:

 

A) Task Assignment Number IP4, Change Order Number 3 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) providing for an additional 85 acres of aquatic weed control in Lake Osborne;

 

B) Task Assignment Number IP4, Change Order Number 4 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) providing for an additional 20 acres of aquatic weed control in Lake Ida; and

 

C) Task Assignment Number IP4, Change Order Number 5 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) providing for a decrease in State funding of $40,000 for a new State allocation for fiscal year 2015/2016 of $46,945.

 

Summary:  On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control services.  Delegated authority to execute Task Assignment Change Orders associated with this Contract was approved at that time.  Change Orders No. 1 and No. 2 add additional acres of aquatic weed control to Lakes Ida and Osborne.  Change Order No. 5 decreases State funding for fiscal year 2015/2016. Countywide (AH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

4.         Staff recommends motion to:

 

A) approve an Interlocal Agreement with the Town of Palm Beach (Town) for the continued operation of the Lake Worth Inlet Sand Transfer Plant (LWISTP) through September 30, 2035; and

 

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

 

Summary:  A new Agreement authorizes funding appropriated by the County for the Palm Beach Midtown Beach Project to be utilized for the daily operation of the LWISTP.  The average cost to the County for operation and maintenance of the LWISTP is calculated to be $260,000 per year. Under the conditions of the Agreement, the Town will continue to perform any repairs or improvements that exceed an annual cost of $20,000.  The Interlocal Agreement supersedes and terminates the existing agreement dated October 3, 2006 (R2006-2118), which will expire on September 30, 2016. District 1 (AH)

 

 

5.         Staff recommends motion to:

 

A) approve Grant Agreement No. HL056 (Agreement) with the Florida Department of Economic Opportunity (DEO) providing up to $1,000,000 for the Pahokee Municipal Marina Project (Project) for a term beginning July 1, 2016 and expiring June 30, 2017;

 

B) approve Budget Amendment of $1,000,000 in the Environmental Enhancement Freshwater Fund for the Project; and

 

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

 

Summary: The DEO Grant Agreement will reimburse the County up to $1,000,000 for construction of the Pahokee Marina Project, which includes the removal of a section of an existing pier and installation of a wave attenuation system.  Total construction cost is $1,000,000 and does not require a local match. District 6 (AH)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

6.         Staff recommends motion to approve:  reappointment of one at-large member to the Groundwater and Natural Resources Protection Board (GNRPB).  Seat No. 4 is for a term of three years beginning August 16, 2016, and ending August 15, 2019:

 

Nominee

Seat No.

Seat Requirement

Nominated By

Kirt Rusenko

     4

Biologist or Chemist

Florida Association of Environmental Professionals

 

Summary:  Ordinance 92-20, as amended and Article 2.G.3.F.3 of the Unified Land Development Code (ULDC) provide for a seven member GNRPB.  The membership consists of one professional engineer, one attorney, one hydrologist or hydrogeologist, one citizen possessing expertise and experience in managing a business, one biologist or chemist, one concerned citizen, and one member of an environmental organization. Ordinance 92-20, as amended, and Article 2.G.3.F.3 of the ULDC require that Seat No. 4 be filled by a Biologist or Chemist.  The current diversity breakdown of the GNRPB membership is six Caucasian males and one African-American male. The gender ratio is 7:0 (male:female). Countywide (AH)

 

 

7.         Staff recommends motion to:

 

A) approve Interlocal Agreement with the City of Pahokee providing for a license to use a portion of the Pahokee Municipal Marina property as a staging area for a term beginning August 16, 2016 and expiring July 31, 2018;

 

B) approve Work Order No. 0649-2 to construct the Torry Island and Pahokee Marina Artificial Reef Projects at a cost not to exceed  $1,004,073.38 in accordance with The Vance Construction Company, Inc. (Vance) Palm Beach County Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649);

 

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

 

D) adopt Resolution authorizing the Clerk of the Board to disburse $778,732 from the Vessel Registration Fee Trust Fund to cover the project costs; and

 

E) approve Budget Transfer of $778,732 from the Environmental Enhancement Non Specific Fund from reserves for the Pahokee Marina Artificial Reef Project.

 

Summary: The Interlocal Agreement provides a staging area for artificial reef projects in the vicinity of the Pahokee Municipal Marina until 2018. On May 19, 2015, the Board of County Commissioners approved an annual construction contract with Vance, a Palm Beach County Small Business Enterprise company, for the Palm Beach County Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649). Work Order No. 0649-2 will place up to 8,100 tons of limestone rock within the Torry Island and Pahokee Municipal Marina project areas.  Vance committed to an overall 54.94% Small Business Enterprise (SBE) participation in the contract.  Vance will achieve 81.31% SBE participation overall with this Work Order. The Torry Island Reef Project is funded, in part, by Florida Inland Navigation District grant PB-14-183 (R2014-1940). District 6 (DC)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

8.         Staff recommends motion to adopt: a Resolution requesting that the Florida Department of Environmental Protection review funding applications and support funding for shoreline protection projects within its Fiscal Year 2017/2018 Beach Management Funding Assistance Program.  Summary:  The County is requesting that the State appropriate $825,000 for the Coral Cove Park Dune Restoration, $160,000 for the Jupiter/Carlin Shore Protection Project, $100,000 for the South Jupiter Beach Feasibility Study, $150,000 for the Juno Beach Shore Protection Project, $599,175 for the Singer Island Shore Protection Project, $6,487,648 for the Southern Palm Beach Island Comprehensive Shore Stabilization Project, $90,000 for the South Lake Worth Inlet Management Plan, and $100,000 for the Ocean Ridge Shore Protection Project.  If the State Legislature approves funding for all of the projects, the County’s matching share would be $6,343,213. Districts 1, 4 & 7 (AH)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: Third Amendment to Interlocal Agreement with the City of Belle Glade in an amount not-to-exceed $667,514 for funding of the Belle Glade Marina Project – Phase II to extend the project completion date from June 30, 2016, to June 30, 2017.  Summary:  This Third Amendment to Interlocal Agreement R2013-0938, as amended by R2014-0297 and R2015-1645, provides for a twelve month extension to the project completion date from June 30, 2016, to June 30, 2017.  This Amendment to the Interlocal Agreement was requested by the City of Belle Glade to allow them additional time to complete the project.  All other terms of the Interlocal Agreement including funding not-to-exceed $667,514 remain the same.  Funding is from the 2002 $50 Million Recreation and Cultural Facilities Bond. District 6 (PFK)

 

 

2.         DELETED

 

 

3.         Staff recommends motion to receive and file: an addendum to the grant Memorandum of Understanding (R2016-0798) with the National Recreation and Park Association (NRPA), to require the County to return unspent grant funds (including earned income) in an amount greater than $50 to NRPA and to add additional regulations regarding the use of the grant funds.  Summary:  The Parks and Recreation Department applied for and was awarded a $15,000 NRPA grant for the out-of-school time programs (R2016-0798).  After the grant was awarded, NRPA provided an addendum to the original agreement to include additional restrictions on the use of the grant funds and provisions for the return of any unspent grant funds greater than $50 (including earned income). Countywide (AH)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to receive and file: the following original executed Sponsorship Agreements:

 

A)  Food Truck Invasion, Inc., cash sponsorship of a series of ten Family Night with Food Truck Invasion events, Sunset Cove Amphitheater, for the period February 3, 2016, through June 15, 2016; and

 

B)  Food Truck Invasion, Inc., cash sponsorship of a series of seven Family Night with Food Truck Invasion events, Seabreeze Amphitheater, for the period March 23, 2016, through June 23, 2016.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Sponsorship Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-0442, and are now being submitted to the Board to receive and file.  These sponsored events help offer a balanced schedule of events which promote the quality of life in the communities we serve. Districts 1 & 5 (AH)

 

 

5.         Staff recommends motion to receive and file: the following two original executed First Amendments to Independent Contractor Agreements and four Independent Contractor Agreements:

 

A) First Amendment to the Palm Beach County Officials Association, Inc., Youth Basketball Officials, West Boynton Recreation Center, to increase the funding amount by $108.00, for the period April 30, 2016, through June 11, 2016; and

 

B) First Amendment to the Regina M. Rodrigues, Gentle Yoga Instructor, CMAA Therapeutic Recreation Complex, to increase the funding amount by $1,500.00, for the period October 1, 2015, through September 30, 2016;

 

C) Deana LePage, Water Fitness Instructor, CMAA Therapeutic Recreation Complex, for the period June 17, 2016, through September 30, 2016; and

 

D) Gym Class Nation, LLC, Fitness Instructor, West Jupiter Recreation Center, for the period June 13, 2016, through August 5, 2016; and

 

E) Dennis Mobley, Line Dance 4 Health Instructor, Westgate Recreation Center, for the period June 20, 2016, through July 25, 2016; and

 

F) Shelly M. Janssen, Youth Dance Instructor, West Boynton Recreation Center, for the period August 27, 2016, through September 29, 2016.

 

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.  These Independent Contractor Agreements have 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 are now being submitted by the Board to receive and file. Districts 1, 3 & 7 (AH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

6.         Staff recommends motion to receive and file:  the following original executed Entertainment Contractor Agreements for eleven community events:

 

A) Steven Vincent Cluthe, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on February 3, 2016;

 

B) Peter Sarfati, A Valentine’s Day Concert with Solid Brass, Seabreeze Amphitheater, on February 14, 2016;

 

C) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on February 17, 2016;

 

D) Simply Tina, LLC, Simply Tina, Canyon Town Center Amphitheater, on February 20, 2016;

 

E) Steven Vincent Cluthe, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on March 2, 2016;

 

F) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on March 16, 2016;

 

G) 137 Entertainment Group, LLC, White Acres Band, Canyon Town Center Amphitheater, on March 19, 2016;

 

H) Rocket Entertainment Group LLC, The Doors Alive Concert, Seabreeze Amphitheater, on March 19, 2016;

 

I) Steven Vincent Cluthe, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on April 6, 2016;

 

J) Richard Benjamin, The Fabulons, Canyon Town Center Amphitheater, on April 16, 2016; and

 

K) Chase Stites, Family Night with Food Truck Invasion, Sunset Cove Amphitheater, on April 20, 2016.

 

Summary:  The Parks and Recreation Department produces cultural activities to promote the quality of life in the communities it serves.  The Parks and Recreation Department produced eleven cultural events at the Canyon Town Center, Seabreeze, and Sunset Cove Amphitheaters. These events were attended by an estimated 6,200 people and generated positive support and goodwill for the County.  A sponsorship from GL Homes offset the expenses of the concerts at the Canyon Town Center Amphitheater.  A sponsorship from Food Truck Invasion, Inc. offset the expenses of the Family Night with Food Truck Invasion events at Sunset Cove Amphitheater.  In accordance with County PPM CW‑O‑051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item. The Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644 and 2014-0168, and are now being submitted to the Board to receive and file. Districts 1 & 5 (AH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

7.         Staff recommends motion to approve:  Budget Transfer of $418,276 within the 2005 $25 Million General Obligation Recreational and Cultural Facilities Bond Fund from Reserves to the R.G. Kreusler Park Lifeguard/Restroom Building project.  Summary: This Budget Transfer will provide additional funding necessary for the R.G. Kreusler Park Lifeguard/Restroom Building project.  Project elements include design and construction of a new lifeguard building with showers and a replacement restroom building.  Funding for this Budget Transfer is from the 2005 $25 Million General Obligation Recreational and Cultural Facilities Bond Fund reserves.  Reserve funding was accumulated through interest and residual balances from completed bond projects in this fund.  This Budget Transfer will exhaust all remaining reserves in this bond fund. District 7 (AH)

 

 

P.        COOPERATIVE EXTENSION SERVICE

 

1.        Staff recommends motion to:

 

A) receive and file a Grant Application to the Share Our Strength Cooking Matters at the Store in the amount of $4,000 to support the implementation and/or growth of Cooking Matters at the Store tours for low-income adults for the period of July 1, 2016, to May 31, 2017; and

 

B) approve a Budget Amendment of $4,000 within the Family and Consumer Sciences Special Revenue Fund to establish a budget for the approved grant project.

 

Summary:  The University of Florida/IFAS Palm Beach County Extension applied for and was awarded a $4,000 grant for the Share Our Strength Cooking Matters at the Store.  The funds are to be used for the following purposes: 1) to reach a minimum of 400 participants with Cooking Matters at the Store tours to be completed by May 31, 2017; 2) to help eliminate barriers that may keep potential participants from attending, such as child care, or transportation to and from the store; 3) for tour incentives, such as grocery store gift cards that cover the cost of a $10 challenge at the end of the tour, or snacks for tour participants; and 4) for costs incurred by County Extension, such as staffing costs, outreach to identify participants, or reimbursement for expenses incurred by volunteer tour leaders.  The grant does not require a County match.  District 7 (AH)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) ratify the Mayor’s signature on a Grant Application for the United States Department of Justice (DOJ), Edward Byrne Memorial Justice Assistance Formula Grant (JAG) Program, for $160,148 beginning October 1, 2016, through September 30, 2017, to fund the Juvenile Reentry Program;

 

B) authorize the County Administrator, or designee, to execute a contract with Gulfstream Goodwill Industries, Inc. in an amount not to exceed $59,730 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations;

 

C) authorize the County Administrator, or designee, to execute a contract with Choice to Change in an amount not to exceed $8,662 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations; and

 

D) authorize the County Administrator, or designee, to execute the grant award and amendments.

 

Summary:  Palm Beach County was allocated $160,148 in Federal FY 2016 funds as part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for expenditure through FY 2017.  The Criminal Justice Commission (CJC) approved recommendations made by the CJC’s Finance Committee to allocate these funds to the existing Juvenile Reentry Program.  The Program provides transitional services to juveniles reentering society from jail and prison.  The emergency procedure was used because of the limited time for submission of the grant application following the funding announcement.  A competitive Request for Applications (RFA) was distributed and multiple agencies responded.  Gulfstream Goodwill and Choice to Change were selected as providers based on contracting eligibility, project scope, budget, experience, administration/organizational capacity and references. No local match is required for this grant. Countywide (JB)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         Staff recommends motion to:

 

A) ratify the Mayor’s signature on the Certification of Participation for Palm Beach County to serve as the coordinating unit of government for the Florida Department of Law Enforcement (FDLE), Edward Byrne Memorial Justice Assistance Formula Grant (JAG) Program;

 

B) approve a Grant Application for the FDLE JAG Program for $333,395 beginning October 1, 2016, through September 30, 2017, to fund the Adult Reentry Program and the Law Enforcement eXchange (LEX) Program;

 

C) authorize the County Administrator, or designee, to execute a contract with the City of Riviera Beach in an amount not to exceed $75,645 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations;

 

D) authorize the County Administrator, or designee, to execute a contract with Gulfstream Goodwill Industries, Inc. in an amount not to exceed $67,690 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations;

 

E) authorize the County Administrator, or designee, to execute a contract with The Lord’s Place, Inc. in an amount not to exceed $90,060 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations;

 

F) authorize the County Administrator, or designee, to execute a contract with the Palm Beach County Law Enforcement Exchange Inc., in an amount not to exceed $100,000 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations; and

 

G) authorize the County Administrator, or designee, to execute the grant award and amendments.

 

SUMMARY:  Palm Beach County was allocated $333,395 in Federal FY 2016 funds as part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for expenditure through FY 2017. The Criminal Justice Commission (CJC) approved recommendations made by the CJC’s Finance Committee to allocate $233,395 of these funds to the Adult Reentry Program and $100,000 to the Law Enforcement eXchange (LEX) Program. The Adult Reentry Program provides transitional services to individuals reentering society from jail and prison. The LEX Program is a networked intelligence sharing system used by the 24 municipal law enforcement agencies and the Palm Beach County Sheriff’s Office to solve crime. A competitive Request for Applications (RFA) was distributed and multiple agencies responded. Gulfstream Goodwill, The Lord’s Place, Inc., and the City of Riviera Beach were selected as providers based on contracting eligibility, project scope, budget, experience, administration/organizational capacity and references. This grant program requires that 51% of the cities in Palm Beach County representing 51% of the population to support the purpose and allocation of these funds. Alan Bernstein of The Lord’s Place serves on the Homeless Advisory Board. The Board provides no regulation, oversight, management, or policy-setting recommendations regarding the disclosed contract. Disclosure of the contractual relationship at a duly noticed public meeting is provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. No local match is required for this grant. Countywide (JB)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to receive and file: a fully executed standard Interlocal Agreement for Swimming Lessons for FY 2016 with:

 

A) City of West Palm Beach; and

 

B) City of Riviera Beach; and

 

C) City of Lake Worth.

 

SUMMARY:  On September 27, 2005, the Board adopted Resolution Number R2005-1906 authorizing the County Administrator, or 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. These three standard Interlocal Agreements have been fully executed by the Fire Rescue Administrator, and are now being submitted to the Board as a Receive and File agenda item in accordance with Countywide PPM CW-O-051 to allow the Clerk’s Office to note and receive them. Countywide (PFK)

 

 

2.         Staff recommends motion to approve and select:

 

A) Timothy Daley for appointment by the Town of Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund Board to fill a vacancy for an unexpired term ending on September 28, 2016; and

 

B) John Sluth for reappointment by the Town of Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund Board for the term September 29, 2016 through September 28, 2018; and

 

C) Timothy Daley for reappointment by the Town of Lantana, as Trustee, on the Lantana Firefighters’ Pension Fund Board for the term September 29, 2016 through September 28, 2018.

 

SUMMARY:  Pursuant to the Interlocal Agreement (R97-1252D) Renewing Pension Agreement Relating to Firefighters’ Pension Plan (R2010-0215) with the Town of Lantana (Town), the Town is requesting the County’s approval of its selection to appoint Timothy Daley, a Town resident, to fill a vacancy left by the resignation of Mr. Michael McCurdy. Mr. McCurdy’s term was set to expire on September 28, 2016. The Town is also requesting the County’s approval of its selection to reappoint John Sluth and Timothy Daley, Town residents, to the Lantana Firefighters’ Pension Fund Board, as Trustees, for a term beginning September 29, 2016 through September 28, 2018.  Under the Interlocal Agreement, the Town retained the power and responsibility to make appointments to the Fund’s Board of Trustees for its Chapter 175 plan. Any Trustee to be appointed by the Town first must be approved by the County. Mr. Sluth’s current term will expire on September 28, 2016. District 7 (SB)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (Cont’d)

 

3.         Staff recommends motion to approve: the write-off of uncollectible emergency transport patient accounts to remove these amounts from the County’s financial books for the following period:

 

October 1, 2011 through September 30, 2012 (FY 2012)                     $11,665,594.25

 

SUMMARY: In December 1994, the Board authorized Fire Rescue to transport critically ill/injured patients and bill for those services. The County contracts with a private company for these billings and collections services. The County receives payment from a number of sources, including commercial insurance, Medicare, Medicaid, and private individuals. During the period October 1, 2011 to September 30, 2012, Fire Rescue generated $37,366,471.20 in gross transport billings and collected (to-date) $18,312,907.69. After adjustments of $7,387,969.26, required under the guidelines of the Medicare/Medicaid programs, the balance of $11,665,594.25 is currently deemed to be uncollectible. This balance is primarily due to partial payments, insurance denial based on medical necessity, the inability to obtain accurate patient and/or insurance information, and patients without medical coverage or high deductibles. Staff recommends the amount deemed uncollectible be written-off the County’s financial books. Countywide (SB)

 

 

4.         Staff recommends motion to:

 

A) accept U.S. Department of Homeland Security’s (DHS), Federal Emergency Management Agency (FEMA), FY 2015 Assistance to Firefighters Grant (AFG), Agreement No. EMW-2015-FO-00691, award in the amount of $603,371 for the purchase of automatic chest compression devices for the period of July 15, 2016, through July 14, 2017; and

 

B) approve Budget Amendment of $603,371 within the Fire/Rescue MSTU Fund to recognize the grant award, establish budget for the approved grant and transfer $60,337 from contingency reserves for Fire Rescue’s matching requirement; and

 

C) authorize County Administrator or designee (Fire Rescue Administrator or Fire Rescue Deputy Chief of Operations) to electronically accept the grant award via the DHS FEMA website, and execute certifications, assurances, standard forms, reimbursement requests, or work activities and time frames that do not change the general scope or terms and conditions of the grant.

 

SUMMARY: On January 26, 2016, the Board ratified the Mayor’s signature on a grant application (R2016‑0115) requesting $563,506 to purchase automatic chest compression devices. The application included the required match of $60,337 plus a voluntary overmatch of $39,865. On July 22, 2016, the County received notification of a $603,371 grant award from FEMA, consequently eliminating the County’s voluntary overmatch. This grant award in the amount of $603,371 plus the required matching funds of $60,337 (10% of the federal award amount) from the Fire Rescue’s Main MSTU contingency reserves equal a total grant project cost of $663,708, and will be used to purchase 38 automatic chest compression devices. The County must comply with all terms, conditions, certifications, assurances and other requirements of the grant program and related regulations, including the Summary Award Memo, Agreement Articles, Obligating Document, Notice of Funding Opportunity and the grant application package. Countywide (SB)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) approve Task Order No. 3 for countywide aerial image capture and digital orthophoto mapping in the western area of the County (R2011-2052) with Surdex Corporation in the amount of $155,570;

 

B) approve Task Order No. 5 for digital orthophoto mapping in the eastern areas of the County (R2011-2054) with Woolpert, Inc. in the amount of $55,000;

 

C) receive and file Task Order 3-A for contract R2011-2054 with Woolpert, Inc. to extend the due date of the Task Order to December 31, 2016; and

 

D) receive and file Task Order 3 for contract R2011-2053 with BAE Systems, Inc. in the amount of $12,500 to update the Digital Elevation Model (DEM).

 

SUMMARY: The above referenced firms were selected using the Consultant Competitive Negotiations Act (CCNA) process, with contracts entered into on December 20, 2011 to perform digital orthophotography and planimetric mapping for the County (R2011-2052; R2011-2053 and R2011-2054).  These Task Orders are being put in place now to be ready to capture the imagery during optimal weather conditions.  The Property Appraiser’s Office is a long term partner with Countywide GIS and is providing a revenue contribution of $105,285 towards this mapping project. Two Task Orders were previously approved and are submitted for receive and file. Task Order 3-A was initiated with Woolpert, Inc., to extend the due date to complete a coastal mapping project delayed because of inclement weather, and Task Order 3 with BAE Systems, Inc. was issued to update the DEM used for orthophoto rectification. Both Task Orders were less than $100,000 and authorized by the ISS Director. Countywide (PFK)

 

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: three Grant Adjustment Notices (GAN) numbered 18, 19, and 20 for the grant from the U.S. Department of Justice (DOJ), Office on Violence Against Women (OVW), Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (GTEA) (2014-WE-AX-0011), which facilitated administrative filing and approval through June 15, 2016:

 

A) GAN No. 18 Training;

 

B) GAN No. 19 Work Product; and

 

C) GAN No. 20 Work Product.

 

Summary:  As per grant guidelines, certain expenditures and work product require approval from the OVW GTEA grant manager.  The approval process is facilitated by drafting a GAN and submitting it through the OVW’s Grant Management web portal. GAN 18 facilitated approval of 3 Sexual Assault Response Team (SART) members to attend a training entitled Accounting for Risk and Danger in your multi-agency responses to Domestic Violence and Sexual Assault.  GAN 19 facilitated approval of a point card that provides clergy awareness tips and victim services contact information. GAN 20 facilitated approval of a guide that assists law enforcement with general tips on response and report writing when responding to victim with disabilities.  The approved grant budget, total grant, and scope of work remained the same.  R2014-1633 authorized the County Administrator or designee to execute future awards, contract, sub-recipient agreements and sub contracts and amendments/modifications utilizing funding from the DOJ, OVW on behalf of the Board of County Commissioners. Countywide (LDC)

 

 

2.         Staff recommends motion to:

 

A) approve First Amendment to Contract for Professional Services (R2015-1580), with Children’s Home Society of Florida, increasing funding by $18,000 for a new total not to exceed contract amount of $36,000 for drug treatment for individuals referred by the Family Drug Court for the period October 1, 2015, through September 30, 2016; and

 

B) receive and file First Amendment to Contract for Professional Services (R2015-1661), with Drug Testing and Counseling Services, Inc. decreasing funding by $18,000 for a new total not to exceed contract amount of $872,175 for drug treatment and testing services for individuals referred by the Adult Drug Court, Delinquency Drug Court, and Family Drug Court for the period October 1, 2015, through September 30, 2018.

 

Summary:  These amendments are to allow for an increase in funding in an area of the Family Drug Court Program that is in need of additional support services. The Family Drug Court Program had an increased need for sober housing this fiscal year. In order to meet these needs, we are amending the Children’s Home Society of Florida by increasing the annual amount by $18,000. These funds will come from the contract with Drug Testing and Counseling Services, Inc. as their contractual amount is being used at a lower rate than projected due to a lower number of participants and an increased number of graduates in the drug court program. The amendment for Drug Testing and Counseling Services, Inc. was executed in accordance with R2015-1661 which authorized the County Administrator or designee to execute minor amendments and administrative documents associated with these contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (LDC)

 

 

AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a Contract for Consulting/Professional Services with Rebecca H. Rhoades, Inc., for relief veterinary services at the main shelter in an amount not to exceed $17,000, retroactive to July 19, 2016, to August 31, 2016; and

 

B) authorize the County Administrator, or designee, to sign all future renewals, task assignments, and necessary minor amendments that do not change the scope of work or terms and conditions of the contract.

 

SUMMARY:  The Animal Care and Control Division is required to provide appropriate and necessary veterinary services for sheltered animals.  This relief veterinarian will enable staff to maintain an acceptable number of veterinarians to handle the volume of animals processed, especially during periods of high influx. Countywide (SF)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file:  Contracts for Professional Services with the following Doctoral Psychology Interns to complete a required 2,000 hour internship that will provide the interns training and experience in family and youth counseling for the period of August 8, 2016, through August 4, 2017:

 

A) Patricia Russo in the amount of $23,333.33; and

 

B) Samantha Brustad in the amount of $23,333.33.

 

Summary:  The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, etc.  Doctoral programs require internships in order to meet degree and licensing requirements.  The Division is offering its program as a location to obtain this training.  The cost savings involved with this internship program are financially beneficial to the County.  Each intern, at a minimum, is assigned and completes the workload equivalent to a Family Therapist.  The hourly rate of a Family Therapist is $21.15 versus the hourly intern rate of $11.50.  R2012-1313 authorized the County Administrator, or designee, to execute future doctoral psychology intern contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (HH)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (Cont’d)

 

2.         Staff recommends motion to receive and file:  two Contracts for Professional Services with the following Postdoctoral Psychology Residents to complete a requirement of 2,000 hours of clinical work that will provide the residents training and experience in family and youth counseling:

 

A) Vanessa Pereda in the amount of $32,500, for the period August 22, 2016, through August 18, 2017; and

 

B) Craig Kramer in the amount of $32,500, for the period September 6, 2016, through September 1, 2017.

 

Summary:  The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, etc.  Postdoctoral programs require 2,000 hours of supervised services in order to meet state licensing requirements.  The Division is offering its program as a location to obtain this training.  The cost savings involved with this residency program is financially beneficial to the County.  Each resident, at a minimum, is assigned and completes the workload equivalent to a Licensed Family Therapist.  The hourly rate of a Licensed Family Therapist is $23.81 versus the hourly resident rate of $16.25.  On October 3, 2006 (Item 3X-2), the Board of County Commissioners (Board) authorized the County Administrator, or designee, to execute future postdoctoral psychology resident contracts on behalf of the Board, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. Countywide (HH)

 

 

CC.     INTERNAL AUDITOR

 

1.         Staff recommends motion to receive and file:

 

A) Audit reports reviewed by the Audit Committee at its June 15, 2016 meeting as follows:

 

1.   2016-08 Engineering & Public Works - Procurement to Payment (16-02);

2.   2016-09 Community Services - Procurement to Payment (16-01);

3.   2016-10 Purchasing - Procurement to Payment (15-15); and

 

B) Audit recommendation status follow-up report as of March 31, 2016 reviewed by the Audit Committee at its June 15, 2016 meeting.

 

SUMMARY:  Ordinance 2012-011 requires the Internal Audit Committee to review audit reports prior to issuance.  Ordinance 2012-012 requires the County Internal Auditor to send those reports to the Board of County Commissioners.  At its meeting on June 15, 2016, the Committee reviewed and authorized distribution of the attached audit reports.  The Committee also reviewed and authorized distribution of the Audit Recommendation Status Follow-up Report as of March 31, 2016.  We are submitting these reports to the Board of County Commissioners as required by the Ordinance.  Countywide (PFK)

 


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Financial Assistance Agreement between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office in the amount of $421,932.50 for the period of October 1, 2015, through September 30, 2016; and

 

B) approve a Budget Amendment of $121,933 in the Sheriff’s Grant Fund.

 

SUMMARY: The Florida Department of Law Enforcement (FDLE) provides state financial assistance to five locally-funded laboratories in the State of Florida, including Palm Beach County. The Palm Beach County Sheriff’s Office (PBSO) operates the Palm Beach County Crime Laboratory. In FY 2016, FDLE provided a total of $421,932.50 in state financial assistance to PBSO to offset the costs of operating the Palm Beach County Crime Lab.  On March 22, 2016, $300,000 was transferred to the Sheriff’s Grant Fund through a balance bought forward amendment.  On July 15, 2016, PBSO received the fourth and final disbursement for this contract period.  Thus, a budget amendment is required in order to increase the grant award to $421,932.50. There is no match requirement associated with this award. Countywide (LDC)

 

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a donation from The Howard E. Hill Foundation, Inc., in the amount of $50,000 for the FY 2017 Gunfire Detection and Location Project; and

 

B) approve a Budget Amendment of $50,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On June 22, 2016, the Palm Beach County Sheriff’s Office (PBSO) received a donation from The Howard E. Hill Foundation to offset the contractual services cost of the Gunfire Detection and Location Project. PBSO is providing a $50,000 match requirement through our FY16 general fund budget. Countywide (LDC)


AUGUST 16, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to approve: a Budget Transfer of $132,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. F.S. 932.7055(5) also requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2016 estimated donation requirement is $179,499. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $1,053,536.  The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in F.S. 932.7055. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $1,984,232. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,852,232.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required. Countywide (JB)

 

 

ORGANIZATION

AMOUNT

Neighbors 4 Neighbors, Inc. (Adopt-A-Bear)

$10,000

Area Agency on Aging Palm Beach, Treasure Coast, Inc.

$5,000

Girls Scouts of Southeast Florida, Inc.

$10,000

Hanley Center Foundation, Inc.

$5,000

Homeless Coalition of Palm Beach County, Inc.

$10,000

Palm Beach County Sheriff’s Foundation, Inc. (School Supplies)

$37,000

Palm Beach County Sheriff’s Foundation, Inc. (Shop with a Cop)

$45,000

Racing to the Rescue, Inc.

$10,000

 

 

Total Amount

$132,000


 

 

 

 

 

 

 

 

 

 

 

 

 

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


AUGUST 16, 2016

 

 

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

 

 

            A.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a Resolution to abandon a portion of the right-of-way tract (Tract) in the south 93 feet of the unimproved right-of-way of South Edgewater Drive as recorded in Official Record Book 389, Page 72, Public Records of Palm Beach County, Florida, and executing two utility easements over a portion of the tract to be abandoned.  SUMMARY: Adoption of this Resolution will allow the petitioners, Devon and Roslyck Paxson, to pursue a lot combination process to combine the abandoned Tract with their platted lot, Lot 4, Bay Village Harbour, a private, gated community. The public does not rely on the petition site for any type of access. The petitioner has access via Bay Village Court. The petition site is located east of Prosperity Farms Road and north of PGA Boulevard. District 1 (MRE)

 

 

2.         Staff recommends motion to adopt: an Ordinance to amend Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of the Program; funding of other roadway improvements; interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the code of laws and ordinances; and effective date.  SUMMARY:  Since the development and adoption of Palm Beach County’s (County) Program on December 15, 2015, the progress and evolution of current and near term projects have continued to be monitored. Traffic counts, costs and revenues have been updated. Revisions are being proposed to modify the Program to reflect this updated information.  A mid-year ordinance amendment with a preliminary reading and a public hearing is required in order to accomplish this.  On July 12, 2016, the Board of County Commissioners (Board) approved this amendment on preliminary reading and authorized advertisement for today’s Public Hearing for final adoption. Countywide (MRE)

 

 

B.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends a motion to conduct: a public hearing as required by the Brownfields Redevelopment Act (the “Act”) set forth in Sections 376.77-376.86, Florida Statutes, designating the real property located at 4965 Lantana Road, Palm Beach County, Florida, 33463, further identified by Property Control Number 00-42-44-36-37-001-0000 (the “Subject Property”), as a Brownfield Area to be known as the Lantana Square Green Reuse Area, pursuant to Section 376.80(2)(c), Florida Statutes, for the purpose of rehabilitation, job creation and promoting economic development; providing an effective date; and for other purposes. Summary: On July 12, 2016, the Board of County Commissioners approved two motions related to the Subject Property: 1) A waiver of the statutory requirement that one of the two public hearings to be held on August 16, 2016 and September 27, 2016, be held after 5:00 p.m.; and 2) Advertising of public hearings on Tuesday, August 16, 2016 at 9:30 a.m. and September 27, 2016 at 9:30 a.m.  On May 6, 2016, JDR Development, LLC, a Florida Limited Liability Company, (JDR) doing business as Banyan Development, submitted a written request to Palm Beach County’s Department of Economic Sustainability (DES) to designate the Subject Property as a Brownfield Area.  JDR is the contract purchaser of the Subject Property and has control thereover as confirmed by the owner/seller, Pine Lantana Road Holdings, LLC, a Florida Limited Liability Company.  Banyan Development plans to develop the Subject Property as a retail center, which the Palm Beach County Planning and Zoning Divisions have confirmed is allowed with the CL-Commercial Low future land use designation and MUPD-Multiple Use Planned Development zoning on the site.  Prior to developing, Banyan Development is seeking a Brownfield designation under the Act.  Section 376.80(12), Florida Statutes, does not require a local government to use the term Brownfield within the name of the area being designated. No County funds for implementation are required. District 3 (JB)

 

AUGUST 16, 2016

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

C.        PLANNING, ZONING & BUILDING

 

1.         REVISED MOTION: Staff recommends motion to adopt continue to September 27, 2016 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida establishing a community development district over the real property legally described on Exhibit “B” to this Ordinance comprising of approximately 203.54 acres: naming of the initial members of the board; establishing the naming of the district as Gulfstream Polo Community Development District; designating the purpose of the district; designating the powers of the district; providing for severability; providing for repeal of laws in conflicts; and providing for an effective date. SUMMARY: The Board of County Commissioners (BCC) has been petitioned by Pulte Home Corporation to grant the establishment of the Gulfstream Polo Community Development District (CDD). The staff report provides a review of the petition for consistency with the six statutory factors identified in Chapter 190, F.S. and previous BCC direction regarding CDDs. Future homeowners will be required to pay annual CDD assessments ($900 - $1,400) in addition to HOA fees and both ad valorem and non ad valorem taxes. The petitioner has agreed to enhanced disclosure requirements for these assessments and to not include any off-site improvements in the obligations of future residents, as previously directed by the BCC. Both the disclosure requirements and the limitation on off-site improvement funding are included within the proposed ordinance. As the petition is consistent with the Florida Statutes and previous BCC direction regarding CDDs, staff is recommending approval of the proposed ordinance. District 6 (RPB)

 

 

d.        Public Saftey

 

1.         Staff recommends motion to approve: the issuance of a "Special Secondary Service" Certificate of Public Convenience and Necessity (COPCN) with Universal Protection Service, LLC to provide Advanced Life Support (ALS) first response, non-transport services to the gated community of The Polo Club of Boca Raton.  Summary:  The residents of The Polo Club of Boca Raton wish to have Universal Protection Service, LLC provide ALS first response, non-transport services as part of their security services. The Department of Public Safety, Division of Emergency Management, has reviewed the application and recommends approval of a "Special Secondary Service Provider - Non-Transport" COPCN to be issued to Universal Protection Service, LLC for operations restricted to the confines of The Polo Club of Boca Raton for the period August 16, 2016 until Universal Protection Service, LLC contractual agreement with The Polo Club is terminated.  Palm Beach County Fire Rescue is the Primary COPCN holder and has signed a "Memorandum of Understanding" with Universal Protection Service, LLC to provide such services in their respective zone.  The Emergency Medical Services (EMS) Advisory Council has approved the recommendation to grant Universal Protection Service, LLC a Special Secondary COPCN according to Section 7 of the EMS Ordinance 2010-056. District 5 (LDC)

 

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AUGUST 16, 2016

 

5.             REGULAR AGENDA

 

A.            ADMINISTRATION

 

1.             Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, urging Congress to provide the necessary funding to complete the Herbert Hoover Dike rehabilitation and urging the Army Corps of Engineers to expedite its repairs to the dike to ensure the public health, safety, and welfare of the cities surrounding Lake Okeechobee and the Corps’ ability to manage the lake’s water level in a way that will significantly reduce the impact to the coastal estuaries.  SUMMARY:  The El Nino weather pattern that dominated South Florida from December through March brought record dry-season rainfall to many areas and caused the water level in Lake Okeechobee and the Everglades to rise well above the United States Army Corps of Engineers’ Regulation Schedules for those areas.  As a result, the coastal estuaries were forced to endure high releases of water from Lake Okeechobee for several months.  The higher Lake stage also impacts the public health, safety and welfare of residents in Palm Beach County, including the Cities of Belle Glade, Pahokee and South Bay because of the pressure on the Herbert Hoover Dike.  The problem is exacerbated by the Interim Lake Okeechobee Operating Rules required while the Herbert Hoover Dike undergoes its first major rehabilitation in 75 years. Countywide (DW)

 

2.             ADD-ON, TIME CERTAIN 1:15 P.M.:  Executive Session scheduled for 1:15 p.m. in the McEaddy Conference Room to discuss collective bargaining with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (CLOSED SESSION)

 

3.             ADD-ON: Staff recommends motion to: 

A) Approve a Budget Transfer of $950,000 from the General Fund Contingency Reserves to the Public Building Improvement Fund;

B) Approve a Budget Amendment in the amount of $950,000 in the Public Building Improvement Fund to recognize the funds from the General Fund; and

C) Authorize the County Administrator to agree to serve as Adopt-A-Family of the Palm Beaches nominee and to execute a contract for the purchase of improved real property at 1318 Henrietta Avenue; 1320 Henrietta Avenue; 549 Palm Beach Lakes Blvd.; and 559 Palm Beach Lakes Blvd. (the “Facility”) owned by The Center for Family Services of PBC, Inc., to continue operations of the emergency homeless shelter contingent upon satisfactory completion of all standard due diligence investigations and receipt of appraisals valuing the property at not less than $863,637 so that the $950,000 purchase price is not more than 110% above appraised value.

 

SUMMARY: The Center for Family Services (“CFS”) acquired this property in 2001 and has operated an emergency homeless shelter specifically for families under the Responding to Emergencies and Altering the Crisis of Homelessness (“REACH”) program.  Recently, CFS discontinued its operations which were taken over by Adopt-A-Family of the Palm Beaches (“AAF”), a County Funded Agency pursuant to R2015-1436. AAF has been operating the Facility, which includes 19 apartment units and administrative offices, under a month to month lease with CFS while CFS has been marketing the property for sale. The lease provides AAF with a right of first refusal to purchase the Facility upon the same terms and conditions as offered by a 3rd party purchaser.  CFS has entered into a contract for sale of the property for $950,000 and has triggered AAF’s right of first refusal.  The Property Appraiser’s assessed value is $945,645.  AAF is willing to continue to operate the REACH Program and to exercise its right of first refusal to purchase the Facility, conditioned upon the County agreeing to act as AAF’s nominee, funding the purchase price and accepting title to the Facility.  Staff will complete all standard due diligence, including appraisals, and Staff is recommending that the Board authorize the County Administrator, in the exercise of her reasonable discretion and upon condition that the appraisals value the Facility at not less than $863,637, to enter into a contract for purchase of the Facility upon terms substantially equivalent to those contained in the Commercial Contract drafted for the 3rd party purchaser. Pursuant to the terms of the Commercial Contract, the County will be required to provide a deposit of $95,000 which is refundable only if the due diligence investigations do not support the purchase.  If the appraisal is not greater than $863,637, Staff will return to the Board for direction on continuing with the purchase and if the BCC determines not to proceed with the purchase, the County will forfeit the deposit.  Despite the potential risk associated with the loss of the deposit, Staff recommends proceeding due to: 1) the importance of having these units available as the last safety net for approximately 90 families annually; 2) $95,000 being approximately equal to only 2 months of costs to the County for alternate emergency shelter accommodations in the event these units are not available; and 3) very small likelihood of replacing these units on a permanent basis for less than 18-24 months. In addition, PPM CW-L-023 requires Staff to disclose any procedural variation from the requirements of the PPM.  The variations that apply here include; 1) the item not being placed on the agenda 14 days in advance of the meeting. This item must be approved by a supermajority vote (5 votes), and 2) the use of an alternate source selection – emergency as defined in the PPM.    (Administration) Countywide/District 7 (HF)

 

B.            COMMUNITY SERVICES

 

1.             Staff recommends motion to approve: allocations for funding for the Domestic Abuse/Sheltering, Homelessness, Behavioral Health, Special Needs/Developmental Disability, Economic Stability/Poverty, Senior Services, and Non-competitive service categories under the Financially Assisted Agencies (FAA) Program, for the period October 1, 2016, through September 30, 2017, in a total amount not to exceed $12,132,220.  SUMMARY:  This item provides the recommended FY 2017 funding allocations for the Financially Assisted Agencies Program. The FAA recommendations in the Senior Services and Economic Stability/Poverty categories reflect the results of a request for proposals (RFP) process initiated in April of this year. Allocations in the other FAA categories are based on prior year’s funding as this is a renewal year in the three-year cycle for those categories. The total amount of funding being allocated in this item is $12,132,220. Funding for these allocations is included in the County Administrator’s proposed FY 2017 budget and is subject to approval by the Board of County Commissioners in September 2016. (FAA) Countywide (HH)


AUGUST 16, 2016

 

 

5.         REGULAR AGENDA

 

 

C.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to:

 

A) adopt a Resolution authorizing a First Amendment to extend the term of the Concessionaire Service Agreement (R2013-1018) with Hawkhaven, LLC d/b/a Lazy Loggerhead Café for the continued operation of approximately 1,300 SF concession building at Carlin Park in Jupiter at an annual rate of $77,468.18; and

 

B) approve the First Amendment to Concessionaire Service Agreement (R2013-1018) with Hawkhaven, LLC d/b/a Lazy Loggerhead Cafe′ (Hawkhaven).

 

SUMMARY: Hawkhaven manages and operates the Lazy Loggerhead Café in the Carlin Park concession building pursuant to a Concessionaire Service Agreement (R2013-1018). The initial term of the Agreement was for three years, expiring on August 31, 2016, with three options to extend, each for a period of two years.  The Concessionaire Service Agreement requires payment of a guaranteed annual rent of $75,949.20 with 2% annual increases, plus a percentage rent payment equal to the amount by which 8.5% of gross revenues exceed the guaranteed annual rent.  Due to additional special events being held in the Park, Hawkhaven has sustained a loss in sales and has requested the County reduce the percentage rent from 8.5% to 8%.  Parks acknowledges that these special events impact the availability of parking and the ability of Hawkhaven customers to access the restaurant during peak business days during the winter tourist season. Staff believes that the reduction in percentage rent is appropriate, will facilitate Hawkhaven’s continued operation of its concession, and is in the best interest of the County. This First Amendment will extend the term of Agreement for two years from September 1, 2016, through August 31, 2018; reduces the percentage rent from 8.5% to 8%; and updates and adds various standard County provisions.  The guaranteed annual rent for the first year of this two year extension period will be increased by two percent (2%) to $77,468.18.  The Board may terminate the Agreement upon ninety days written notice. Parks will continue to have administrative responsibility for this Agreement. (PREM) District 1 (HJF)

 


AUGUST 16, 2016

 

 

5.         REGULAR AGENDA

 

 

 

 

PAGE LEFT BLANK INTENTIONALLY

 

 

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AUGUST 16, 2016

 

 

6.         BOARD APPOINTMENTS

 

 

            A.        ADMINISTRATION

                        (Community Alliance of Palm Beach County)

 

1.         Staff recommends motion to approve: appointment of Tammy K. Fields, Director of Youth Services, to the Community Alliance (Alliance) of Palm Beach County, effective August 16, 2016. SUMMARY: The Alliance was established under the authority of Section 20.19(5), Florida Statutes and is charged with joint planning for resource utilization in the community, including resources appropriated to the Department of Children & Families (DCF), needs assessment and establishment of community priorities for service delivery, determining community outcome goals to supplement state-required outcomes, providing community advocacy and education, and promoting prevention and early intervention services. The Alliance is comprised of nine statutorily assigned core members: a representative from the DCF, a representative from county government, a representative from the school district, a representative from the county United Way, a representative from the county sheriff’s office, a representative from the circuit court, and a representative from the county children’s board, if one exists. In addition, there are community leaders, client representatives and funders of human services to reflect the diversity of race, culture, geographic location, the faith community, consumers, families, business leaders and others concerned with the well being of children and their families. Although not required, a County Commissioner has sat on the Alliance since 2002. With the creation of the Youth Services Department, Director Tammy K. Fields has been attending the Community Alliance meetings, and staff recommends Ms. Fields officially be the County’s representative on the Alliance. Countywide (HH)

 

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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AUGUST 16, 2016

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


AUGUST 16, 2016

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE, VICE MAYOR

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

ADD-ON: Certificates of Special Recognition presented to: Brett Slew, Deputy Teresa Grimaldi and Tyler Gray.

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER, MAYOR

 

 

 

 

 

F.         District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR

 

ADD-ON: Request approval to present off-site, a Proclamation recognizing the Power Evangelism Ministries – 10th Anniversary Celebration.

 

 

 

 

9.         ADJOURNMENT

 

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