December 18, 2018

9:30am

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

DECEMBER 18, 2018

 

PAGE             ITEM

 

23                    3I-4                 REVISED SUMMARY: Carol Thompson is a current County employee.  Ms. Thompson’s reappointment conforms with BCC Resolution 2013-0193 as it is consistent with the purpose of the CEDS committee per Article II of the CEDS Committee Amended Bylaws (1/9/2014). Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics… (HES)

 

38                    3DD-1             REVISED SUMMARY: On November 20, 2018, the Fifteenth Judicial Circuit received a letter committing additional funds to Palm Beach County in the sum of $22,627 from Making Every Day Count, Inc. The funds will support the continued employment of are to be used to continue the Juvenile Court Case Manager. This position, which develops protocols is responsible for the recruitment, training, and coordination of advocates to assist Delinquency and Family Drug Court participants. The funding will cover the Juvenile Court Case Manager salary, applicable employment taxes, and travel costs for the Juvenile Court Case Manager. The increased funds will allow the Case Manager hours to increase from ten hours to position will entail 20 hours per week.  Pay is at $20.53 per hour, for one year until the funds are depleted. The position reports to the Juvenile Court Operations Manager within of the Fifteenth Judicial Circuit, under the with supervision of by the Administrative Judge of the Juvenile Division.  (Court Admin)

 

44                    5E-2                ADD-ON: Staff recommends motion to approve: a Settlement Agreement (Agreement) between the Palm Beach County Board of County Commissioners (County) and Lennar Homes, LLC, a Florida limited liability company (Lennar) relative to the provision of Workforce Housing (WFH Units) in three residential projects  Gulfstream Preserve, Silverwood Estates, Cambria Parc. SUMMARY: Lennar is required to provide certain numbers of WFH Units per development orders obtained via residential project approvals.  The number of units and how this requirement is achieved are prescribed in the Comprehensive Plan (Plan), site specific amendments to the Plan and the Unified Land Development Code (ULDC).  Lennar is developing three projects which contain WFH units and are the subject of this Agreement. These projects represent the first for-sale WFH Units created through the County program. Lennar has sought to exercise a provision in the ULDC that allows them to be released from this obligation for two of these projects (Gulfstream Preserve and Silverwood Estates).  The third project has not met necessary ULDC thresholds to exercise this option but is included to provide conformity in meeting the requirements (Cambria Parc).  The County and Lennar are in disagreement on the satisfaction of meeting these requirements and Lennar appealed the County determination that the ULDC provisions had not been met.  Such an appeal would be made to a Special Magistrate.  The County and Lennar have negotiated an agreement which will specifically address terms and obligations for the construction, marketing and sales of WFH units for all three projects.  The circumstances related to this agreement are unique to these three residential projects.  At all times, Lennar is expected to adhere to all ULDC requirements in addition to the terms of this Agreement.  Staff recommends that the Board approve this Agreement.  Countywide (KP) (Admin)

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary 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

 

 

DECEMBER 18, 2018

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

 1.        CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

 2.        AGENDA APPROVAL/BCC AND STAFF COMMENTS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

C.        Staff Comments (Page 7)

D.        Commissioner Comments (Page 7)

 

 3.        CONSENT AGENDA (Pages 9-38)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Page 39-40)

 

 5.        REGULAR AGENDA (Pages 41-44)

 

 6.        BOARD APPOINTMENTS (Page 45)

 

 7.        ADJOURNMENT (Page 46)

 

 

 

 

* * * * * * * * * * *


DECEMBER 18, 2018

 

TABLE OF CONTENTS

 

STAFF COMMENTS (Page 7)

 

COMMISSIONER COMMENTS (Page 8)

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 9

            3A-1    Appointment to the Water Resources Task Force

            3A-2    Appointment to the Small Business Assistance Advisory Committee

 

B. CLERK & COMPTROLLER

Page 10

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

           

C. ENGINEERING & PUBLIC WORKS

Page 10

3C-1   Change order to contract with Engecon Construction, Inc. for time extension and additional utility items necessary on the Sandalfoot Boulevard/State Road 7 and SW 3rd Street/State Road 7 bridge replacements

3C-2   34 resolutions initiating eminent domain proceedings declaring the acquisition of properties as temporary construction easements for construction of roadway improvements on Seminole Pratt Whitney Road from Orange Boulevard to south of Northlake Boulevard

Page 11

3C-3   Receive and file report of plat recordations from April 1, 2018 through September 30, 2018

3C-4   Amendment to Infrastructure Surtax Project Plan to advance the Whitehorse Drive to Hypoluxo Road street lighting project

3C-5   Agreement with Boynton Beach Associates XXVI, LLP to allow for collaboration on constructing a modified alignment of Flavor Pict Road from State Road 7 to Lyons Road

Page 12

            3C-6   Amendments to annual structural engineering contract with four companies

           

D. COUNTY ATTORNEY

Page 12

            3D-1   Reimbursement of attorney fees to Ronald Jones

Page 13

            3D-2   Receive and file transcript for closing of bonds related to the Ocean Avenue, Lantana Bridge and Max Planck Florida Corporation Projects

 

E. COMMUNITY SERVICES

Page 13

3E-1    Agreement with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for home energy assistance to seniors

Page 14

            3E-2    Appointment and proposed seat change on the Homeless Advisory Board

 

F. AIRPORTS

Page 14

3F-1    Sign easement agreement with Drive Shack Palm Beach LLC and the City of West Palm Beach for construction and maintenance of signage on Drive Shack property

Page 15

3F-2    Easement agreement with Comcast Cable Communications Management, LLC for service to airport property

3F-3    Amendment with Paradies-Palm Beach, LLC replacing the Tropical News kiosk to provide expanded concession space

3F-4    Receive and file addendum to airline agreement with Frontier Airlines, Inc. to receive a short-term license for seasonal demands

 

DECEMBER 18, 2018

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS (Cont’d)

Page 16

3F-5    Agreements for rental car lease and concession with two companies for operation of a rental car concession at PBIA

3F-6    Receive and file time extensions to four Joint Participation Agreements with FDOT

 

G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 17

            3G-1   Negotiated settlement offer for three code enforcement liens

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 17

3H-1   Amendment to agreement with Palms West Hospital Limited Partnership extending the terms of the agreement for interoperable radio communications

Page 18

3H-2   Amendment to Interlocal Agreement with the Drug Enforcement Administration – Miami Division extending the terms of the agreement for interoperable radio communications

3H-3   Amendment to agreement with Susan Narduli for art services for the Palm Beach County Convention Center Courtyard

Page 19

3H-4   Standard license agreement with Thalle Construction Co., Inc. for placement of temporary storm water discharge pipes and staging area for construction materials at Paul Rardin Park

            3H-5   Amendments to five annual HVAC contracts extending the term for a year

Page 20

            3H-6   Amendment to contract with Hedrick Brothers Construction Co., Inc. for electronics and security systems renewal at the main county courthouse

           

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 21

            3I-1     Receive and file agreements with four municipalities for the CDBG program

            3I-2     Reimbursement to the City of Lake Worth for the 8th Avenue North greenway project

Page 22

            3I-3     Certification of Consistency with the Consolidated Plan for the Isles of Pahokee II, LLC

Page 23

3I-4     Appointment/reappointments to the Treasure Coast Regional Planning Council’s Comprehensive Economic Development Strategy (CEDS) Committee

 

J. PLANNING, ZONING & BUILDING

Page 24

            3J-1    Appointment to the Construction Board of Adjustment and Appeals

 

K. WATER UTILITIES

Page 24

3K-1    Consultant Service Authorization with Keshavarz & Associates, Inc. for engineering services related to the replacement of existing water main in the Village of Royal Palm Beach

Page 25

3K-2    Contract with Insituform Technologies, LLC for the Palm Beach County Sanitary Sewer Collection System Rehabilitation Project Phase 1

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 25

3L-1    Ratify the Mayor’s signature on a Florida Department of Economic Opportunity 2018-2019 Florida Job Growth Grant Fund Application to partially fund the USS Clamagore Artificial Reef Project

Page 26

3L-2    Termination of a non-exclusive ingress and egress easement related to the Pine Glades Natural Area

 

 

DECEMBER 18, 2018

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

M. PARKS & RECREATION

Page 27

3M-1   Receive and file11 Independent Contractor Agreements for swimming coaches and water exercise instructors

Page 28

3M-2   Receive and file two Sound and Light Production Services Contractor Agreements

3M-3   Receive and file two Entertainment Contractor Agreements

3M-4   Receive and file Amphitheater Rental Agreement

Page 29

3M-5   Receive and file 2018 South Florida Water Management District Indian River Lagoon License Plate Funding Agreement

3M-6   Receive and file Florida Inland Navigation District Project Agreement for costs associated with the redevelopment of the Ocean Inlet Park Marina

Page 30

3M-7   Ratify the Mayor’s signature on a Florida Recreation Development Assistance Program grant application associated with the development of Canyon District Park Phase One

3M-8   Ratify the Mayor’s signature on a Florida Recreation Development Assistance Program grant application associated with the Caloosa Park Redevelopment project

Page 31

3M-9   Agreement with Team Services Florida, LLC to provide sports officials

 

N. LIBRARY

Page 31

3N-1   Application to the Florida Department of State, Division of Library and Information Services, for State Aid to Libraries

 

S. FIRE RESCUE

Page 32

3S-1    Resolution conveying and transferring 150 fire-rescue self contained breathing masks to the Palm Beach County Fire Rescue Cadet Battalion, Inc.

3S-2    Institutional Review Board Authorization Agreement with the University of Miami IRB for the Firefighter Cancer Cohort Study

3S-3    Amendment to agreement with Elite Medical Specialists, LLC for medical director services

 

U. INFORMATION SYSTEMS SERVICES

Page 33

            3U-1   Rescind and replace the Interlocal Agreement with the City of Lake Worth for network services

            3U-2   Rescind and replace the Interlocal Agreement with the Health Care District of Palm Beach County for network and colocation services

Page 34

3U-3   Addendum to AT&T ILC Intrastate Pricing Schedule for a one year time extension

 

X. PUBLIC SAFETY

Page 34

            3X-1    Receive and file two grant adjustment notices

3X-2    Amendment to contract with NMS Management Services, Inc. to provide drug testing to indigent defendants on pretrial supervised release

 

BB. YOUTH SERVICES

Page 35

3BB-1 Amendment to contract with the City of Greenacres to reflect programming offered during the school year

 

 

 

 

 

 

DECEMBER 18, 2018

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

CC. SHERIFF

Page 35

3CC-1 Department of Justice, Office of Justice Programs FY2018 Justice and Mental Health Collaboration Program grant award to address school and community violence

3CC-2 Department of Justice, Office of Justice Programs FY2018 Innovations in Community-Based Crime Reduction Program grant award to address the disproportionate rate of violent crimes and related crime drivers in the South End community of the City of Lake Worth

Page 36

3CC-3 Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Impaired Driving Initiative

3CC-4 Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Speed and Aggressive Driving Campaign project

3CC-5 U.S. Department of Transportation, Federal Railroad Administration FY2018 Law Enforcement Strategies for Reducing Trespassing Pilot grant to address Railroad Trespassing in the City of Lake Worth

Page 37

3CC-6 Agreement with the State of Florida, Office of Attorney General to fund one victim advocate to concentration on the victim population and expand services to the human trafficking victim population

3CC-7 National Institute of Justice Award Letter for a FY2018 DNA Capacity Enhancement and Backlog Reduction Program Grant to fund the salary and benefits for two full time Forensic Scientists

 

DD. COURT ADMINISTRATION

Page 38

            3DD-1 Donation from Making Every Day Count, Inc. for continued support of the Delinquency and Family Drug Court programs

 

EE.  OFFICE OF EQUAL OPPORTUNITY

Page 38

3EE-1 Contract with the Legal Aid Society of Palm Beach County, Inc. for the Wage Dispute Project

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

A. ENGINEERING & PUBLIC WORKS

Page 39

4A-1    Reserve drainage easement over a portion of the unimproved south right-of-way for Linton Boulevard

4A-2    Resolution abandoning public interest in portion of a drainage easement lying within Polo Trace II Plat No. 1

4A-3    Resolution abandoning public interest in portion of drainage easement lying at the northeast corner of the Palmwood Road and Little Cypress Circle intersection

Page 40

4A-4    Determine that Palm Beach County had adhered to and implemented its Five Year Road Program

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. FACILITIES DEVELOPMENT & OPERATIONS

Page 41

5A-1    Concessionaire lease agreement with US Soccer 5, LLC for the operation of a mini soccer complex concession at John Prince Park

Page 42

            5A-2    Amendment to contract with James B. Pirtle Construction Company, Inc. for the PBSO Forensic Sciences and Technology Facility project

Page 43

5A-3    Amendment to concessionaire agreement with Hawkhaven, LLC to permit the sale of beer and wine

 

B. COMMUNITY SERVICES

Page 43

5B-1    Florida Power & Light Company – FPL Care to Share Agreement to provide utility assistance to household at risk of power being disconnected

 

C. FIRE RESCUE

Page 44

5C-1   Interlocal agreement with the School Board of Palm Beach County related to Clinical Field Experience

 

D. HOUSING AND ECONOMIC SUSTAINABILITY

Page 44

5D-1   Amendment to agreement with the Business Development Board to reflect a new reporting format

 

E. ADMINISTRATION

Page 44

5E-1    Resolution urging the legislature and Governor to create and provide funding for a statewide opioid addiction task force.

 

 

BOARD APPOINTMENTS

Page 45

            6A-1    League of Cities appointments to the Treasure Coast Regional Planning Council

 

ADJOURNMENT (Page 46)


DECEMBER 18, 2018

 

 

2C.      STAFF COMMENTS

 

 

1.         ADMINISTRATION COMMENTS

 

 

 

 

 

 

2.         COUNTY ATTORNEY

 

 

 


DECEMBER 18, 2018

 

 

2D.      COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER, VICE MAYOR

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD, MAYOR

 

 


DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: one new appointment to the Water  Resources Task Force for the remainder of a full three year term commencing December  18, 2018 and ending September 30, 2021.

 

                                                Seat No.                Appointment                       Seat Requirement              Nominated By     Term Ending

                                                     2                        Elvadianne Culbertson       Alternate                                League of Cities   September 30, 2021

 

 

SUMMARY: The Water Resources Task Force is comprised of 14 members: six City elected officials; one County Commissioner (or their appointee); one water and/or wastewater provider or utility official; one Lake Worth Drainage District representative; one drainage/water control district elected official; one South Florida Water Management District Governing Board member; one environmental representative; one land owner in Palm Beach County actively farming that land to represent agricultural interests; and one Indian Trail Improvement District (ITID) representative. Designated alternates are also required for each seat. The diversity of the current 12 Task Force members and seven alternates is as follows: 18 Caucasian (95%) and one African-American (5%). The gender ratio (female:male) is 5:14.  The alternate appointee nominated by the League of Cities is a Caucasian female. Seven alternate seats, the water and/or wastewater provider or utility official member seat and the ITID member seat remain vacant at this time. Staff is actively seeking to increase diversity on this board. Countywide (MJ)

 

2.         Staff recommends motion to approve:  appointment of the following individual to the Small Business Assistance (SBA) Advisory Committee for the seat and term indicated below.  

                     NOMINEE                              SEAT      DESIGNATION                                     TERM                     NOMINATED BY

 

Bonnie Horner            6       Business Incubator Program             12/04/18 to 06/17/19           Mayor Bernard

                                                                                                                                                                                                                                          Commissioner Valeche

                                                                                                                                                                                                                                                Vice Mayor Kerner

                                                                                                                                                                                                                             Commissioner McKinlay

 

SUMMARY:  The SBA Advisory Committee is established pursuant to Section 2-80.32, of the Palm Beach County Code as amended on March 12, 2013.  The committee consists of 15 members representing one black business owner certified as a small business by the County; one Hispanic business owner certified as a small business by the County; one woman business owner certified as a small business by the County; one white male business owner certified as a small business by the County; one business owner domiciled in Palm Beach County; one representative of a business incubator program; one representative of a Hispanic business organization; one representative of the National Association of Women in Construction; one representative of a Women’s Business Organization; one certified minority contractor; one representative of the Associated General Contractors of America; one representative of the Small Business Development Center; one representative of a financial institution that assists small businesses; one representative of the Black Chamber of Commerce; and one representative of a professional services organization.  The SBA Advisory Committee supports this nomination.  Memos were sent to the Board of County Commissioners on October 31, 2018 and November 20, 2018.  No other nominations were received.  The SBA Advisory Committee consists of 15 members and the terms of the seats are for three years.  The SBA Advisory Committee reviews and evaluates the effectiveness of small business programs within county government.  The Committee consists of 14 members and the current diversity count is: Caucasian: 5 (35.7%), African American: 6 (42.8%), and Hispanic: 3 (21.4%), with a gender ratio (female:male) of: 8:6.  The addition of this member will change the diversity count as follows: Caucasian: 5 (33.3%), African American: 6 (40%), Hispanic: 3 (20%), and Native American: 1 (6.6%), with a gender ratio (female:male) of: 9:6. The nominee is seeking appointment to complete the term of a board member who resigned. Countywide (DW)

DECEMBER 18, 2018

 

 

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

Joint Workshop/Legislative Delegation                November 2, 2017

Regular                                                                      October 2, 2018

Regular                                                                      October 16, 2018

Zoning                                                                       October 25, 2018

 

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

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: Change Order No. 1 with Engecon Construction, Inc. (Engecon) in the amount of $113,188, including a time extension of 14 days, for the additional utility items requested by Palm Beach County (County) Water Utilities Department (WUD) on the Sandalfoot Boulevard/State Road 7 and SW 3rd Street/State Road 7 bridge replacements project R2018-0365.  Per PPM CW-F-050, this change order exceeds the $100,000 threshold relating to staff approvals of change orders to contractors, and requires the Board of County Commissioners’ approval.  SUMMARY:  Approval of Change Order No. 1 will compensate for additional costs and delays due to upsizing the County WUD existing force main from 8” to 12”.  During the course of the bridge construction, WUD requested an upgrade of their existing 8” force main. All costs will be paid by WUD. The Small Business Enterprise (SBE) goal for all contracts is 15%.  Engecon proposed 25% SBE participation.  Their SBE participation for this change order is 100% and their cumulative SBE participation to date including this change order is 66%. District 5 (LBH)

 

2.         Staff recommends motion to adopt:  thirty-four resolutions to initiate eminent domain proceedings by declaring the acquisition of residential properties designated as parcels 206, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 224, 226, 229, 230, 232, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 247, 251, 252A, and 253 as permanent easements and parcel 327 as a temporary construction easement necessary for the construction of roadway improvements on Seminole Pratt Whitney Road from Orange Boulevard to south of Northlake Boulevard (71st Lane North to 87th Lane North) (Project). SUMMARY: To date, the property owners have not accepted the offers to purchase made by Palm Beach County and attempts to negotiate the purchases have been unsuccessful. Adoption of these resolutions will initiate eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes as amended, against 34 residential parcels having a total appraised value of $583,174.  The parcels are necessary for the reconstruction of Seminole Pratt Whitney Road from a two lane undivided roadway to a four lane divided roadway.  The Project also includes the installation of drainage and sidewalks.  Eminent domain proceedings are necessary to acquire the residential parcels at this time in order to expedite construction of the Project, which is funded in the current Five Year Road Program. District 6 (MAB)

 

 

 

 

 

           

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to receive and file: a report of plat recordations from April 1, 2018 through September 30, 2018. SUMMARY: This report is a bi-annual summary of subdivision plats recorded during the fiscal quarters since the previous report. There were 20 plats recorded during this period. This report is required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (LBH)

 

4.         Staff recommends motion to approve:

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, to advance the  “SR7 (Whitehorse Drive to Hypoluxo Road)” street lighting project (Project) from FY2025 to FY2019; and

 

B) budget transfer of $106,000 within the IST Fund from reserves to advance the funds for the Project from FY2025 to FY2019.

 

SUMMARY:  The purpose of this amendment and budget transfer is to advance the funding for the Project from FY2025 to FY2019.  The Project is currently funded within the IST at $106,000 in FY2025. Advancing the funds will allow Engineering to proceed with the design process for the Project.  The existing SR7 high mast lighting system is a safety issue and is deteriorating more rapidly than originally anticipated. It is in disrepair and close to the end of its useful life span and in need of a replacement LED lighting system.  The Project will be constructed in conjunction with the “SR7 High Mast Towers Rehab (Hypoluxo Road to north of Lake Worth Road)” street lighting project which is also funded by the IST at $500,000 in FY2021. The original intent of the two projects was to rehabilitate the towers (in FY2021) by converting to LED lights (in FY2025).  The new scope of these projects involve removing and replacing the high mast street lights with a new LED lighting system (with design in FY2019 and construction in FY2021).  This amendment will also effectively merge the two projects for greater efficiency and use of resources, providing for a single design and construction project. The funding of the Project will remain at $106,000 but be advanced through the Engineering Department’s IST Reserve account from FY2025 to FY2019. The budget transfer will implement the accounting changes for the FY2019 funding. The Sales Tax Oversight Committee reviewed this request at their November 15, 2018 meeting and approved it unanimously. Districts 3 & 6 (LBH)

 

5.         Staff recommends motion to approve: an agreement with Boynton Beach Associates XXVI, LLLP, a Florida Limited Partnership (Developer) to allow Palm Beach County (County) and Developer to collaborate on constructing a modified alignment of Flavor Pict Road, from State Road 7 (SR 7) to Lyons Road (Project).  SUMMARY:  Approval of this agreement will allow Palm Beach County (County) to work with the Developer to complete the construction of the Project on a straight alignment in lieu of the previously designed alignment (Curved Alignment). The western segment of the Project is from SR 7 to 2,300 feet east of SR 7. The County began construction of the Project on October 11, 2017, under contract with Rosso Site Development, Inc. (Rosso). While the Project was under construction, the Developer acquired ownership of the property immediately adjacent to the Project. During the development planning for the property, the Developer determined that the Curved Alignment on the western segment of the Project conflicted with the development plans of the property. The Developer subsequently contacted the Engineering Department, and offered to pay all additional costs to construct a road that would replace the Curved Alignment with a straight alignment on the western segment.  The Developer also offered to dedicate all of the necessary rights-of-way, prepare the necessary design plans, and obtain all required permits to build the straight alignment on the western segment instead of the Curved Alignment. The Engineering Department reviewed the Developer’s offer and recommends approval of this Agreement. District 5 (LBH)

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

6.         Staff recommends motion to approve:

 

A) third amendment to the annual structural engineering contract with Alan Gerwig & Associates, Inc., (AGA) R2017-0026, dated January 10, 2017, to extend the contract expiration date from January 9, 2019 to January 9, 2020, and modify the fee schedule;

 

B) third amendment to the annual structural engineering contract with R.J. Behar & Company, Inc., (RJB) R2017-0027, dated January 10, 2017, to extend the contract expiration date from January 9, 2019 to January 9, 2020, and modify the fee schedule;

 

C) third amendment to the annual structural engineering contract with Stantec Consulting Services Inc., (SCS) R2017-0137, dated February 7, 2017, to extend the contract expiration date from February 6, 2019 to February 6, 2020, and modify the fee schedule; and

 

D) third amendment to the annual structural engineering contract with Wantman Group, Inc., (WGI) R2017-0138, dated February 7, 2017, to extend the contract expiration date from February 6, 2019 to February 6, 2020, and modify the fee schedule.

 

SUMMARY: Approval of these third amendments will extend the expiration dates of the annual structural engineering contracts for AGA and RJB from January 9, 2019 to January 9, 2020, and extend the expiration dates for SCS and WGI from February 6, 2019 to February 6, 2020. These extensions will provide a continuation of the required professional services provided by AGA, RJB, SCS and WGI for one year, on a task order basis. These amendments with AGA, RJB, SCS and WGI will also adjust their hourly rates as allowed in the original contracts and shown in Exhibit B3 of each amendment.  These amendments are the second renewals of two possible one year renewals permitted per the original contracts. The Small Business Enterprise (SBE) goal for all contracts is 15%. Tasks in the amount of $219,605.39 have been authorized for RJB with 14.19% SBE participation which does not meet their commitment of 17%.  Tasks in the amount of $149,633.35 have been authorized for SCS with 25.44% SBE participation which does not meet their commitment of 31%. Tasks in the amount of $335,874.33 have been authorized for WGI with 42.63% SBE participation which exceeds their commitment of 15%. Tasks in the amount of $496,216.82 have been authorized for AGA with 91.39% SBE participation which does not meet their commitment of 100%. AGA is certified as an SBE company. AGA, RJB, SCS and WGI are all Palm Beach County based companies.  RJB, SCS, and AGA have agreed to improve their SBE percentages to attain their commitments.  Countywide (LBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a reimbursement of attorney’s fees and costs in the amount of $12,679.90, incurred by Ronald Jones in successfully defending a complaint filed against him before the Palm Beach County Commission on Ethics.  SUMMARY:  A complaint was filed February 23, 2017, against Ronald Jones, a Palm Beach County employee, alleging a violation of the Code of Ethics by manipulating data to artificially inflate on-time performance rates for Palm Tran Connection.  Following a hearing on the matter, on July 30, 2018, the Hearing Officer found that there was insufficient evidence to prove such a violation, and dismissed the charge.  This motion is consistent with County Policy PPM CW-F-057, which authorizes the County Attorney to review and approve requests for reimbursement on behalf of present and former county officials and employees who prevail in actions brought before the Palm Beach County Commission on Ethics, provided the matter was connected to an official County function and in furtherance of a public purpose. Countywide (LB)

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

D.        COUNTY ATTORNEY (Cont’d)

 

2.         Staff recommends motion to receive and file:  the official transcript for the closing of the Palm Beach County, Florida $22,540,000 Revenue Improvement Refunding Bonds (Ocean Avenue, Lantana Bridge and Max Planck Florida Corporation Projects), Series 2018 (Bonds)  SUMMARY:  The official transcript for the Bonds has been provided.  This transcript should now be received and filed in the Minutes Department.  Countywide (DB)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Standard Agreement No. IP018-9500 for Emergency Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period October 1, 2018 to September 30, 2019, to provide services in accordance with the terms and conditions specified in this Agreement including all attachments, forms and exhibits, which constitute the Agreement document, in an amount not to exceed $15,795, for administration costs and community outreach; and a spending authority in the amount of $89,520, directly paid by AAA, for client services to provide home energy assistance to seniors; and

 

B) budget amendment of $5,631 in the Division of Senior Services Administration Fund to align the budget to the actual grant award.

 

SUMMARY:  The Division of Senior Services (DOSS) is the designated Lead Agency for the AAA Service Area A and as such is qualified to provide EHEAP services and is funded with $15,795 in federal funds and $129,428 in additional county funds, for the purpose of staff administration and EHEAP processing costs. DOSS is responsible for providing services north of Hypoluxo Road. The areas of service include the entire County, excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Senior Center, Inc. (Service Area B), is responsible for providing services in the areas south of Hypoluxo Road. Sufficient funding is included in the current budget to meet County obligations. (Division of Senior Services) Countywide, except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: a proposed seat change for one current member and four new appointments to the Homeless Advisory Board (HAB), effective December 18, 2018.

 

Current Seat No.

Proposed

Seat No.

 

Appointment

 

Member Category

 

Nominated By

Term

Ending

10

 

 

7

 

 

Sophia Eccleston

 

 

Homeless Coalition of Palm Beach County Representative

The Homeless Coalition of Palm Beach County

09/30/20

 

 

Seat No.

 

 

Appointment

 

Member Category

 

Nominated By

Term

Ending

2

 

 

Javaro Sims

 

 

Law Enforcement Representative

 

Palm Beach County Law Enforcement Planning Council

09/30/21

3

 

 

Erica Whitfield

 

 

School District of Palm Beach County Representative

School District of Palm Beach County

09/30/21

9

 

 

Katrina Long-Robinson

 

Business Community Representative

Economic Council of Palm Beach County

09/30/20

13

 

 

Taylor Materio

 

Faith-Based Community Representative

Community Services Department

 

09/30/21

 

 

SUMMARY:  On May 1, 2007, the Board of County Commissioners (BBC) established the Homeless Advisory Board (HAB) to monitor the Ten-Year Plan to End Homelessness in Palm Beach County (Ten-Year Plan). The total membership for the HAB shall be no more than 14 at-large members, per Resolution No. R2016-0038, comprised of members representing government, business providers, law enforcement, advocates, education, faith-based and the formerly homeless. Members representing the Palm Beach County Continuum of Care and the homeless community are essential to the work of the Board. Due to an effort to most accurately reflect mandatory requirements, a seat change is being recommended for Ms. Eccelston. Ms. Eccelston is currently in Seat No. 10 - Business Community Representative, but will be moved to Seat No. 7 - Homeless Coalition of Palm Beach County Representative. Ms. Long- Robinson will complete the term of Ms. Smallridge, who resigned from the HAB. The diversity count for the eight seats that are currently filled is Caucasian: 5 (62%) and African-American: 3 (38%). The gender ratio (female:male) is 4:4. Mr. Sims and Ms. Long-Robinson are African-American. Ms. Whitfield and Ms. Materio are Caucasian. Staff conducted targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the Board. (Division of Human and Veteran Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  a Sign Easement Agreement (Easement) with Palm Beach County, Drive Shack Palm Beach LLC (Drive Shack) and the City of West Palm Beach (City) for the construction and maintenance of a directional/wayfinding sign on a portion of property under lease to Drive Shack on Belvedere Road at the Palm Beach International Airport (PBIA).  SUMMARY: Drive Shack is constructing a new golf-related entertainment venue on County-owned property near the northwest corner of PBIA at the intersection of Belvedere Road and Australian Avenue, pursuant to a Development Site Lease Agreement (R2017-0939, as amended).  The City imposed a development condition, requiring Drive Shack to replace an existing sign directing traffic to the City’s downtown area, and to provide an easement for the sign.  The sign and easement will be on County-owned property, under lease to Drive Shack. Countywide (HJF)

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: an Easement Agreement with Comcast Cable Communications Management, LLC (Comcast) for service to 3800 Perimeter Road in West Palm Beach at the Palm Beach International Airport (PBIA).  SUMMARY: The Easement Agreement will allow Comcast to install underground coax cable and fiber-optic cabling to Atlantic Aviation – West Palm Beach, LLC (Atlantic), a tenant at PBIA located at 3800 Perimeter Road. Countywide (HJF)

 

3.         Staff recommends motion to approve: a Tenth Amendment (Amendment) to Retail Concession Agreement (Agreement) with Paradies-Palm Beach, LLC (Paradies) (R2007-2052), providing for replacement of the Tropical News kiosk and conversion of KidZoo toy store (KidZoo) at the Palm Beach International Airport (PBIA) into meeting/event space at no cost to the County; providing for extension of the term for two additional years to September 30, 2024, with the right to terminate the Agreement in its entirety or, in part, as to individual concession units to provide for the phased transition to new concessionaire(s) during the remainder of the term of the Agreement. SUMMARY:  The Amendment provides for the replacement of the Tropical News kiosk located on Concourse B to provide for expanded concession space, which will include additional space for grab and go food and beverages.  This Amendment also provides for the conversion of the KidZoo, which is located pre-security in the main terminal at PBIA, into meeting/event space.  Paradies requested the ability to close the KidZoo due to a significant decline in sales due to its pre-security location.  The costs of the improvements to the Tropical News kiosk and renovation of the KidZoo will be paid by Paradies at no cost to the County.  Paradies will continue to pay the same Minimum Annual Guarantee notwithstanding the closure of the KidZoo.  The Agreement currently expires September 30, 2022. The Amendment provides for the extension of the Agreement until September 30, 2024 with the right to terminate the Agreement, in whole or in part, through the remainder of the term in order to provide for the phased transition of concession units to new concessionaire(s).  The Airport Concession Disadvantaged Business Enterprise (ACDBE) goal was established at 25%.  Paradies committed to 25% ACDBE participation and has reported 27% participation to date. Countywide (AH)

 

4.         Staff recommends motion to receive and file:  an Addendum to Airline Agreement (Addendum) with Frontier Airlines, Inc., a Colorado corporation, commencing October 15, 2018, and terminating on the date the Non-Signatory Airline Agreement with Frontier Airlines, Inc. (R2015-1611), either expires or is canceled, providing for changes in leased facilities on a short-term basis due to seasonal demands at the Palm Beach International Airport.  SUMMARY: The Addendum allows airlines to receive a short-term license to use facilities at PBIA to accommodate their seasonal demands.  Delegation of authority for execution of the standard County Addendum agreement above was approved by the BCC in R2016-0976. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

5.         Staff recommends motion to approve: agreements for Rental Car Lease and Concession (Agreements), commencing January 1, 2019 and expiring June 30, 2021, with optional month to month renewals for up to 12 months thereafter, for the operation of a rental car concession at the Palm Beach International Airport (PBIA), with the following companies (Concessionaires):

A) The Hertz Corporation (Hertz) d/b/a Hertz, for payment of a Minimum Period Guarantee (MPG) for the first year in the amount of $1,765,154 and facility rentals of $24,753.12; and

B) Hertz d/b/a Dollar Rent A Car, and Thrifty Car Rental, for an initial MPG of $936,154 and facility rentals of $64,218.

 

SUMMARY: The Agreements provide for the operation of rental car concessions at PBIA.  The Agreements require the Concessionaires to pay concession fees equal to the greater of the MPG or 10% of gross revenues.  In addition, the Concessionaires are required to pay facility rentals for the lease of reservation counter and office areas based on standard terminal rental rates, which are adjusted annually in accordance with the Signatory Airline Agreement (R2014-1033).  An Airport Concession Disadvantaged Business Enterprise (ACDBE) goal was established at 3.19%. All of the Concessionaires have committed to achieving the ACDBE Goal. Countywide (AH)

 

6.         Staff recommends motion to receive and file:  an extension of time to the following Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT):

 

A) Taxiway C Drainage Improvements at Palm Beach International Airport, Financial Project Number 430993-1-94-01 approved by the Board on December 15, 2015 (R2015-1768 and R2015-1769), is hereby extended until March 31, 2021;

 

B) Miscellaneous Taxiway Rehabilitation (Taxiways F, G, H and M) at Palm Beach International Airport, Financial Project Number 436216-1-94-01 approved by the Board on February 3, 2015 (R2015-0145 and R2015-0146), is hereby extended until March 31, 2021;

 

C) Federal Inspection Services (FIS) Facility at Palm Beach International Airport, Financial Project Number 436513-1-94-01 approved by the Board on December 2, 2014 (R2014-1807 and R2014-1808), is hereby extended until March 31, 2020; and

 

D) Perimeter Fence Improvements at North Palm Beach County General Aviation Airport, Financial Project Number 430950-1-94-01 approved by the Board on December 17, 2013 (R2013-1784 and R2013-1785), and amended on December 2, 2014 (R2014-1809 and R2014-1810), is hereby extended until September 30, 2019.

 

SUMMARY:  Delegation of authority for execution of the above extensions of time to the JPAs with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11).  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

            G.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $20,000 for the full satisfaction of three code enforcement liens that were entered against Eire LW Road, LLC on March 6, 2013. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered three Orders on December 5, 2012 for property owned by Eire LW Road, LLC (Eire) giving them until January 4, 2013 to bring their properties located at 2664 2nd Avenue North, 2665 Lake Worth Road and 2648 2nd Avenue North in Lake Worth into full code compliance. The properties had been cited for uncultivated vegetation. Compliance with the CESM’s Orders was not achieved by the ordered compliance date and a fine in the amount of $100 per day was imposed for each code lien. The CESM then entered three claims of lien against Eire on March 6, 2013. Eire filed for Chapter 11 Bankruptcy on June 25, 2013 and the aggregate pre-petition claim for our three liens was $51,614.61. The three code liens are still attached to the subject parcels and are junior to a senior bank mortgage. Eire and their legal counsel have agreed to pay $20,000 (38.8%) to settle all three liens. The three subject parcels were annexed into the Village of Palm Springs on December 11, 2014 and are no longer under Palm Beach County’s jurisdiction. District 3 (JB)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  a first amendment to Agreement (R2015-0921) with Palms West Hospital Limited Partnership, (Hospital) to extend the term of the Agreement for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System retroactively from October 5, 2018 through October 5, 2021. SUMMARY: The Agreement provides the terms and conditions which gives the Hospital the ability to program its radios and utilize the countywide common talk groups for certain inter-agency communications expired on October 5, 2018. The Agreement provided for three renewal options, each for a period of three years. The Hospital has approved a renewal to extend the term of the Agreement retroactively through October 5, 2021, and the renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with the Agreement. The Hospital is required to pay all costs associated with its subscriber units and to comply with established operating procedures for the system. The Agreement may be terminated by either party, with or without cause with ten days notice. This first amendment renews the term; updates the attachment; updates the reference to the most recent Motorola contract; and adds standard County nondiscrimination provision. Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve:  a first amendment to Interlocal Agreement (R2013-1565) with the Drug Enforcement Administration – Miami Division, (Participant) to extend the term of the Agreement for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System retroactively from November 4, 2018 through November 4, 2023. SUMMARY:  The Agreement provides the terms and conditions which gives the Participant the ability to program its radios and utilize the countywide common talk groups for certain inter-agency communications expired on November 4, 2018. The Agreement provided for three renewal options, each for a period of five years. The Participant has approved a renewal to extend the term of the Agreement retroactively through November 4, 2023, and the renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with the Agreement. The Participant is required to pay all costs associated with its subscriber units and to comply with established operating procedures for the system. The Agreement may be terminated by either party, with or without cause with ten days notice. This first amendment renews the term; updates the attachment; updates the reference to the most recent Motorola contract; updates the notices as to the Participant and adds standard County nondiscrimination, assignment and severability provisions.  Other than the changes set forth herein, all other terms remain the same. (ESS)  Countywide (LDC)

 

3.         Staff recommends motion to approve: a second amendment to Agreement for Art Services (R2017-1895) with Susan Narduli of Narduli Studio to decrease the fixed fee amount by $4,625 and extend the contract duration by an additional 456 days to November 30, 2019 for the Palm Beach County Convention Center Courtyard.   SUMMARY:  On December 19, 2017, the Board approved an Agreement for Art Services with Susan Narduli (Artist) of Narduli Studio in the amount of $454,000 for the design, permitting, fabrication and installation of “Light Play” (sculptural screens artwork) for the Palm Beach County Convention Center Courtyard.  On March 13, 2018 the Board approved the first amendment to the Artist’s contract (R2018-0255) adding $340,600, plus an extension of 275 days to oversee the programming and design  of the entire Courtyard project to use the artwork as the vehicle for  converting the Courtyard into a unique rentable venue.  Through the design development process, Convention Center staff determined that additional improvements were necessary to support the specific operations, functionality and circulation requirements of the new venue adding design scope in the amount of $75,375. In addition, it was also determined to be most efficient and effective for the project’s Construction Manager to install all footers, including those currently in the Artist’s contract.  Thus, this second amendment includes an $80,000 reduction to the Artist contract for footers that were originally included in her scope of work.  The net impact to the project price is a $4,625 reduction in the contract amount. Based on Convention Center facility rental bookings and the desire to accomplish the Courtyard construction concurrent with another major scheduled renewal/replacement project, Courtyard construction has been rescheduled to June-September 2019 (as opposed to 2018), thus a 456 day extension to the Artist contract is required. Funding for this Courtyard art project is from the $68M Rev Bond AC2/Convention Center Parking Garage.  Following the completion of the Artist’s and architect’s design, a separate construction contract will be presented to the BCC for approval. (FDO Admin)  District 7/Countywide (MJ)

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: a Standard License Agreement in favor of Thalle Construction Co., Inc. (Thalle) for the period of December 21, 2018 through December 20, 2019 for the placement of temporary storm water discharge pipes and a staging area for construction materials within the County’s Paul Rardin Park.  SUMMARY: Paul Rardin Park is located at 460 State Road 715, northwest of Belle Glade.  The U.S. Army Corps of Engineers (USACE) is replacing a water control structure adjacent to the Park as part of the restoration of the Herbert Hoover Dike.  Thalle was awarded the construction project. The Board initially approved a License Agreement in July 2014 (R2014-1040), allowing Thalle to use part of the Park for the placement of temporary above ground storm water discharge pipes and the staging of construction materials for the project.  Due to continuous delays in the project, the Board approved additional License Agreements (R2015-1390), (R2017-0047), and (R2018-0412).  The current License Agreement expires on December 20, 2018.  Thalle has advised staff that due to weather delays combined with soil material shortages, the project will not be completed by the expiration date. Thalle is requesting the continued use of the Park property for an additional 12 months from December 21, 2018 through December 20, 2019.  The license area is 34,000 square feet (.78 acres). The County may terminate the License Agreement at any time.  The restoration of the Herbert Hoover Dike is in the best interest of the community’s safety and welfare.  The construction project is federally funded and any charge for the license would be passed through to the USACE.  Therefore, this License Agreement is being granted at no charge. (PREM) District 6 (HJF)

 

5.         Staff recommends motion to approve:   Amendment No. 4 to five annual Heating, Ventilation and Air Conditioning (HVAC) contracts extending the term for one year for HVAC services on a continuing contract basis for the period of January 13, 2019 to January 12, 2020.

 

 

 

Contractor

Original Contract Resolution #

Status

Total Dollars

in Work Orders

to-date

Total SBE

 Participation

to-date

A)

E.C. Stokes Mechanical  Contractor, Inc.

R2015-0046

SBE/Local

$1,723,262

98.68%

B)

Farmer & Irwin Corp.

R2015-0047

Non-SBE/Local

$1,161,570

0%

C)

Precision Air Systems, Inc.

R2015-0049

Non-SBE/Local

$1,528,485

72.71%

D)

The Airtex Corporation

R2015-0050

SBE/Local

$829,773

92.10%

E)

Thermo Air, Inc.

R2015-0051

Non-SBE/ Non-Local

$579,376

22.30%

 

 

SUMMARY:  Amendment No. 4 extends the term of the contract for HVAC services for one year through January 12, 2020.  The Board approved the annual contract on January 13, 2015, and the original contract provided for an initial term of one year with four renewal options each for a period of one year.  During the first four years of the contract, the County awarded $6,049,068 in work orders.  The annual HVAC contract is for indefinite-quantity contracts with a maximum cumulative value of $6,500,000 for the term.  Projects are bid among the pre-qualified participants and additional firms may become prequalified at any time.  Four of the five contractors are Palm Beach County businesses and one is based in Broward County.  Amendment No. 4 includes five annual HVAC contractors with two of the contractors being SBE certified and three being non-SBE certified. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15%. The cumulative SBE participation for all work orders to-date is 64%. (Capital Improvements) Countywide (LDC)

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: Amendment No. 1 to the contract with Hedrick Brothers Construction Co., Inc. (R2017-0164) in the amount of $13,580,467 for the Main County Courthouse, Electronics and Security Systems Renewal and Replacement project establishing a Guaranteed Maximum Price (GMP) for construction management services.  The duration of this construction is 682 days from notice to proceed unless amended by change order. SUMMARY: This Amendment authorizes the renewal/replacement of Electronics & Security Systems within the Main County Courthouse (MCCH), Central Energy Plant (CEP), and State Attorney/Public Defender’s building.  These systems include: programmable logic controllers (PLC’s), CCTV surveillance and video management, security management, elevator override control, electronic access control, intercom, lighting control, duress and fire alarm.  The project also includes the expansion of the Command Center. All work will be completed after business hours and on weekends, while maintaining full functionality of all systems throughout the duration of the project. The contract establishes a Small Business Enterprise (SBE) goal of 25%, as well as a separate SBE CM partner goal of 15%. Hedrick Brothers Construction Co., Inc.’s SBE participation for this Amendment is 32.5%, with 15% SBE partner involvement. This Amendment will be funded from the Public Building Fund and from FY17, FY18 and FY19 Infrastructure Sales Tax. Hedrick Brothers Construction Co., Inc. is a Palm Beach County Business and it is anticipated that 97% of the work will be performed by Palm Beach County businesses. The solicitation for this project was issued in September 2016, the CM contract awarded on February 7, 2017 and preconstruction services authorized on April 10, 2017. (Capital Improvements Division) Countywide/District 7 (LDC)

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to receive and file: the following four agreements for capital improvement projects as funded under the Fiscal Year 2018-2019 Community Development Block Grant (CDBG) Program:

 

A) agreement with the City of Greenacres for $159,265 under the CDBG Program;

 

B) agreement with the Town of Lantana for $71,832 under the CDBG Program;

 

C) agreement with the Village of Palm Springs for $133,263 under the CDBG Program; and

 

D) agreement with the City of Riviera Beach for $160,890 under the CDBG Program.

 

SUMMARY: The attached documents have been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Item 5C-5, as approved by the BCC on July 10, 2018.  The agreement with the City of Greenacres provides $159,265 in CDBG funds towards the construction costs associated with the installation of drainage improvements in the First Street drainage system.  The agreement with the Town of Lantana provides $71,832 in CDBG funds for the installation of sidewalks along North 7th Street. The agreement with the Village of Palm Springs provides $133,263 in CDBG funds towards the design and engineering services required to create a park connector pathway system.  The agreement with the City of Riviera Beach provides $160,890 in CDBG funds towards construction costs for improvements along Avenue M.  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. These are Federal CDBG funds which do not require a local match. Districts 2, 3, & 7 (JB)

 

2.         Staff recommends motion to approve: a reimbursement to the City of Lake Worth in the amount of $199,081.84 for the 8th Avenue North greenway project. SUMMARY: On February 6, 2018, the County entered into an agreement (R2018-0167) with the City of Lake Worth (City) for a grant of $291,846 of Community Development Block Grant (CDBG) funds for the construction of a greenway on 8th Avenue North from North A Street to North F Street. The date in the agreement for completion of all activities was August 31, 2018.  The work was completed before August 31, 2018, however, the request for reimbursement was sent on September 18, 2018, which is after the required date of submission. The City has made the final payment to the contractor and is requesting reimbursement of $199,081.84, which remains available in the project budget.  Approval of this agenda item will reimburse the City for expenses already incurred in connection with the construction of the greenway along 8th Avenue North. These are Federal CDBG funds which require no local match. District 3 (JB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

3.         Staff recommends motion to:

 

A) approve a “Certification of Consistency with the Consolidated Plan” for the Isles of Pahokee II, LLC, in connection with their funding application to the U.S. Department of Housing and Urban Development (HUD); and

 

B) Authorize the County Administrator, or designee, to execute this Certification of Consistency with the Consolidated Plan and subsequent Certifications for this project.

 

SUMMARY: The Isles of Pahokee II, LLC (a Housing Trust Group entity) has prepared an application to HUD seeking funding through the Annual Contributions Contract (ACC) Program.  HUD requires that the County confirm that the activities are consistent with the County’s current Consolidated Plan through the execution of a form titled “Certification of Consistency with the Consolidated Plan.”  The Department of Housing and Economic Sustainability (DHES) has reviewed the Project Abstract for the Isles of Pahokee Phase II (the Project).  The Project entails renovation of 129 public housing units on two sites - Padgett Island, located at Padgett Circle and E. 7th Street, and Fremd Village, located at Shirley Drive and Belle Glade Road - both in unincorporated Palm Beach County in the vicinity of the City of Pahokee.  The Project will consist of 20 efficiency units, 58 one-bedroom units, 39 two-bedroom units and 12 three-bedroom units.  All 129 units will receive an ACC operating subsidy and will be available to elderly households whose incomes do not exceed 60% of Area Median Income.  DHES has reviewed the Project Abstract and determined that the Project is consistent with the Consolidated Plan goal to “Increase the supply of affordable rental housing available to very- low, low, moderate, and middle-income residents as well as veterans, elderly, disabled, and homeless persons through new construction and/or rehabilitation of existing units”.  Because the Project is consistent with the County’s Consolidated Plan, staff recommends execution of this certification. District 6 (JB) (HES)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

4.         Staff recommends motion to approve: appointment/reappointment of the following individuals to the Treasure Coast Regional Planning Council’s Comprehensive Economic Development Strategy (CEDS) Committee, for the January 1, 2019 to December 31, 2019 term.

 

Appoint:                                                        Nominated By:

Joan Goodrich                      Mayor Bernard                     Vice Mayor Kerner

                                                Commissioner Valeche      Commissioner Weiss      

                                                Commissioner Weinroth     Commissioner McKinlay

 

Reappoint:                                                   Nominated By:

Nepoleon Collins                 Mayor Bernard                     Vice Mayor Kerner

                                                Commissioner Valeche      Commissioner Weiss      

                                                Commissioner Weinroth     Commissioner McKinlay

 

Charles Duval                      Mayor Bernard                     Vice Mayor Kerner

                                                Commissioner Valeche      Commissioner Weiss      

                                                Commissioner Weinroth     Commissioner McKinlay

 

Gary Hines                            Mayor Bernard                     Vice Mayor Kerner

                                                Commissioner Valeche      Commissioner Weiss      

                                                Commissioner Weinroth     Commissioner McKinlay

 

Carol Thompson                  Mayor Bernard                     Vice Mayor Kerner

                                                Commissioner Valeche      Commissioner Weiss      

                                                Commissioner Weinroth     Commissioner McKinlay

 

SUMMARY: The Treasure Coast Regional Planning Council (TCRPC) manages and maintains the CEDS Committee whose purpose is to oversee and guide district-wide economic development planning.  The TCRPC region is comprised of Palm Beach, Martin, St. Lucie and Indian River Counties.  The CEDS Committee is a requirement of the U.S. Department of Commerce Economic Development Administration and is comprised of five appointees from each of the participating counties.  The TCRPC annually requests the Board of County Commissioners (BCC), as the appointing authority for Palm Beach County, to review its existing members, and to either appoint or reappoint members.  Staff recommends the appointment and reappointment of the above five individuals. Gary Hines of the Business Development Board of Palm Beach County, Inc., Nepoleon Collins of the City of South Bay, Charles Duval of CareerSource Palm Beach County and Joan Goodrich of the City and CRA of Delray Beach, have disclosed their employer’s existing contracts, if any, with the County. Staff has evaluated these contractual relationships and determined that the above Committee provides no regulation, oversight, management or policy-setting recommendations regarding any of the disclosed contractual relationships.  Carol Thompson is a current County employee.  Ms. Thompson’s reappointment conforms with BCC Resolution 2013-0193 as it is consistent with the purpose of the CEDS committee per Article II of the CEDS Committee Amended Bylaws (1/9/2014). Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics.  A diversity count of the five representatives recommended for appointment/reappointment by the BCC demonstrates a racial/ethnic breakdown as follows: Caucasian: 3 (60%) and African-American: 2 (40%).  The gender ratio (female:male) is 2:3. Countywide (JB)

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to approve: the appointment of one new member and reappointment of one member to the Construction Board of Adjustment and Appeals (CBAA):

 

Appoint                        Seat     Requirement                Term                            Nominated by

Fred K. Kutscher           3          Electrical Contractor      12/18/18–12/17/21         International

                                                                                                                        Brotherhood of

                                                                                                                        Electrical Workers

                                                                                                                        Union 728 (IBEW)

 

Re-appoint                   Seat     Requirement                Term                            Nominated by

Margie Joy Walden        9          Member of Public          12/18/20–12/17/21         Vice-Mayor Kerner

                                                at Large                                                            Comm. McKinlay

                                                                                                                        Comm. Valeche

 

SUMMARY:  Fred K. Kutscher has been nominated by the International Brotherhood of Electrical Workers Local Union 728 (IBEW) to serve a three-year term as the electrical contractor on the Construction Board of Adjustment and Appeals (Board). Memorandums for re-appointment were sent to the Board of County Commissioners (BCC) on November 8, 2018. No other nominations were received. The term of office is three years, with a limit of three consecutive three-year terms. The board has 11 seats with seven currently filled and a diversity count of Caucasian: 6 (86%) and Hispanic: 1 (14%). The gender ratio (female: male) is 1:6. The nominees are a Caucasian male and a Caucasian female. Staff will continue to address the need to increase diversity on our boards. Countywide (SF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: a Consultant Service Authorization (CSA) No. 9 to the Engineering/Professional Services Contract with Keshavarz & Associates, Inc., for engineering services necessary to support the replacement of an existing water main in the Village of Royal Palm Beach (Project) in the amount of $222,258. Summary: On June 20, 2017, the Board of County Commissioners approved the Water Utilities Department (WUD) Engineering/Professional Services Contract with Keshavarz and Associates, Inc. (R2017-0817). CSA No. 9 provides for engineering services relating to the surveying, design and permitting of the Project. These services include subsurface utility exploration, survey, construction plans, technical specifications, permitting, community outreach and bid support services for the replacement of approximately 7,600-feet of existing 6-inch and 8-inch water main, including the affected water services along Sandpiper Avenue, Meadowlark Drive and Oriole Court in the Village of Royal Palm Beach. The Small Business Enterprise (SBE) participation goal is 15% overall. The contract with Keshavarz and Associates, Inc., provides for 90% SBE participation. This Authorization includes 87.89% participation. The cumulative SBE participation is 89.93%. Keshavarz and Associates, Inc., is a Palm Beach County Company. (WUD Project No.18-070) District 6 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: a contract with Insituform Technologies, LLC, (IT) for the Palm Beach County Sanitary Sewer Collection System Rehabilitation Project Phase 1 (Project) in the amount of $3,713,242.30. Summary:  On April 4, 2018, three bids were received for the Project, which provides for the rehabilitation of wastewater gravity pipelines, manholes and associated service laterals. The lowest bidder, Ric-Man Construction Florida, Inc. (RM), did not meet the minimum experience requirement specified in the bid document. As a result, RM’s bid was determined to be non-responsible. As the second lowest bidder, IT was determined to be the lowest responsible and responsive bidder for the Project. RM subsequently filed a bid protest claiming that the experience requirements were properly met per the requirements of the solicitation. On June 26, 2018, the Director of Purchasing recommended the bid protest be denied. RM then proceeded with a Request for a Hearing before a Special Master. On October 9, 2018, the Special Master recommended the bid protest be denied. The Small Business Enterprise (SBE) participation goal is 15% overall. The contract with IT provides for 0.6% SBE participation. IT is not a Palm Beach County Company.  IT’s headquarters are located in Chesterfield, Missouri.  The Project is in the FY19 Water Utilities Department (WUD) budget. (WUD Project No. 15-098A) Countywide (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Florida Department of Economic Opportunity (DEO) 2018-2019 Florida Job Growth Grant Fund Application (Grant Application) submitted on October 30, 2018, requesting $2,000,000 to partially fund the USS Clamagore Artificial Reef Project;

 

B) authorize the Director of Environmental Resources Management to serve as the Liaison Agent with DEO for this project; and

 

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

 

SUMMARY:  The Grant Application requests $2,000,000 from DEO to partially fund the USS Clamagore project. Palm Beach County has a contract with CRB Geological and Environmental Services, Inc. (CRB-GES) to deploy the USS Clamagore as an artificial reef offshore of the County. On January 10, 2017, the Board of County Commissioners approved a contract (R2017-0114) with CRB-GES to provide services that include procurement, preparation, towing, and scuttling of the approximately 320’ retired United States Naval Submarine USS Clamagore in 90-100’ of water at a County-permitted artificial reef location offshore of Jupiter/Juno Beach. At that time, the County agreed to provide $1,000,000 of funding to cover a portion of the project costs. Project costs are $4,435,000 with $2,435,000 raised to date that include other funding sources and in-kind services. DEO provides funding assistance for projects that create economic diversification and growth.  The USS Clamagore project is part of Palm Beach County’s Artificial Reef Program.  A 2001 Socioeconomic Study of Reefs in Southeast Florida concluded artificial reefs in Palm Beach County have an economic impact of $148,000,000 per year in sales and generates 1,800 jobs.  No matching funds are required to qualify for this grant. District 1 (AH)

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to approve:  the termination of a Non-Exclusive Ingress and Egress Easement (Termination Easement) dated August 26, 2014, and recorded in Official Records Book 27002, Page 792 of the Public Records of Palm Beach County, Florida.  SUMMARY:  On August 19, 2014, Palm Beach County (County) entered into an agreement with American Equities Ltd. No. 6 (AE6) (R2014-1220), providing for the phased grant of easements to the County across AE6’s 80 acre property for the County’s access to the Pine Glades Natural Area. AE6 sold the property and assigned its rights under the Agreement to SR II, LLC. Pursuant to that agreement, the County is replacing a previously executed, but unrecorded termination of a non-exclusive access easement over the 80 acres with this new Termination Easement. This new Termination Easement reflects the change in ownership and proposed development of the property. No County funds are required. District 1 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file:  the following executed Independent Contractor Agreements between Palm Beach County and

 

A) Caroline Ann Karolinko, US Synchronized Swimming Coach, Aqua Crest Pool, for the period of October 1, 2018 through September 30, 2019; 

 

B) East Coast Aquatic Club, LLC, USA Swimming Coach, Aqua Crest Pool, for the period of October 1, 2018 through September 30, 2019;

 

C) LB2 Enterprises, Inc.,  d/b/a Palm Beach Masters, US Masters Swimming Coach, Aqua Crest Pool, for the period of October 1, 2018 through September 30, 2019;

 

D) Patricia Ann Fisher, Water Exercise Instructor, Aqua Crest Pool, for the period of October 1, 2018 through September 30, 2019;

 

E) Gordon Andrews, USA Swimming Coach, Lake Lytal Pool, for the period of October 1, 2018 through September 30, 2019;

 

F) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming Coach, Lake Lytal Pool, for the period of October 1, 2018 through September 30, 2019;

 

G) Derek Jones, US Diving Coach, North County Aquatic Complex, for the period of October 1, 2018 through September 30, 2019;

 

H) Kiril Zahariev, USA Swimming Coach, North County Aquatic Complex, for the period of October 1, 2018 through September 30, 2019;

 

I) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming Coach, North County Aquatic Complex, for the period of October 1, 2018 through September 30, 2019;

 

J) Mary Lou Putnam, Water Exercise Instructor, North County Aquatic Complex, for the period of October 1, 2018 through September 30, 2019; and

 

K) Stephen Van Coppenolle, Water Exercise Instructor, North County Aquatic Complex, for the period of October 1, 2018 through September 30, 2019.

 

            SUMMARY:  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, 2012-0168 and 2017-0822.  The Department is now submitting these agreements in accordance with County PPM CW-O-051, which requires all delegated contracts/agreements/grants to be submitted by the initiating Department to the Board as a receive and file agenda item. Districts 1, 2, & 4 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to receive and file:  the following executed Sound and Light Production Services Contractor Agreements between Palm Beach County and

 

A) Blackwood Productions, LLC, Let it Be Concert, Seabreeze Amphitheater, for the period October 13, 2018 through October 14, 2018; and

 

B) Blackwood Productions, Florida Jam Concert, Sunset Cove Amphitheater, for the period October 19, 2018 through October 21, 2018.

 

SUMMARY:  These Sound and Light Production Services 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 2009-0592, amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179.  The Department is now submitting these agreements in accordance with County PPM CW-O-051, which requires all delegated contracts/agreements/grants to be submitted by the initiating Department to the Board as a receive and file agenda item.  Districts 1 & 5 (AH)  

 

3.         Staff recommends motion to receive and file: the following executed Entertainment Contractor Agreements between Palm Beach County and

 

A) Geoffrey Schwartz, Let It Be Concert, Seabreeze Amphitheater, on October 13, 2018 and

 

B) Frank Loverso, Whitestone Band Concert, Canyon Amphitheater, on October 20, 2018.

 

SUMMARY: These 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, 2014-0168 and 2017-1367.  The Department is now submitting these agreements in accordance with County PPM CW‑O‑051, which requires all delegated contracts/agreements/grants to be submitted by the initiating Department to the Board as a receive and file agenda item.  Districts 1 & 5 (AH)

 

4.         Staff recommends motion to receive and file:  the following executed Amphitheater Rental Agreement between Palm Beach County and Music Jam Productions, LLC, Florida Jam Concert, Sunset Cove Amphitheater, for the period October 19, 2018 through October 21, 2018. SUMMARY:  This Amphitheater Rental Agreement has 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 2009-0335, amended by Resolutions 2009-1807, 2012-1715, and 2014-0166.  This program is part of a balanced schedule of events which promotes the quality of life in the communities we serve. The Department is now submitting this agreement in accordance with County PPM CW-O-051, which requires all delegated contracts/agreements/grants to be submitted by the initiating Department to the Board as a receive and file agenda item.  District 5 (AH)

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

5.         Staff recommends motion to:

 

A) receive and file fully executed 2018 South Florida Water Management District (SFWMD) Indian River Lagoon License Plate Funding Agreement No. 4600003895 for a culvert replacement project at Riverbend Park for the period October 26, 2018 through October 25, 2019;

 

B) approve budget amendment of $75,000 within the Park Improvement Fund to establish budget for the approved grant; and

 

C) approve budget transfer of $65,559 within the Park Improvement Fund from General Recreation Facilities Repair and Renovation to Riverbend Park culvert replacement project.

 

            SUMMARY:  On September 18, 2018, the Board authorized submission of an Indian River Lagoon License Plate grant application to the SFWMD, R2018-1410, requesting $87,593 for the replacement of a culvert at Riverbend Park.  The grant is funded through the sale of specialty license plates sold in Palm Beach County.  SFWMD asked the County to accept reduced funding in the amount of $75,000 in order to partially fund a competing grant application.  The grant requires a minimum of 25% County match and the grant will be matched with $65,559 or 47% from the Parks and Recreation Department Capital Budget. The Board also authorized the County Administrator, or designee, to execute the grant funding agreement, SFWMD Agreement, and other standard state and/or federal grant forms related to this project if the grant was approved.  This grant was approved, the SFWMD Agreement has been fully executed, and is now being submitted to the Board to receive and file.  This grant agreement runs from October 26, 2018 through October 25, 2019. District 1 (AH)

 

6.         Staff recommends motion to:

 

A) receive and file a fully executed Florida Inland Navigation District (FIND) Project Agreement No. PB-18-200 for planning, design and permitting costs associated with the redevelopment of the Ocean Inlet Park Marina for the period October 30, 2018 through September 30, 2020; and

 

B) approve a budget amendment of $200,000 within the Park Improvement Fund to establish budget for the approved grant.

 

SUMMARY:  On May 15, 2018, the Board authorized submission of a Waterways Assistance Program (WAP) grant application, R2018-0772, to fund a portion of the planning, design and permitting costs associated with the redevelopment of Ocean Inlet Park Marina.  The Board also authorized the County Administrator, or designee, to execute the Project Agreement, (FIND Project No. PB-18-200) and other grant forms related to this project if the grant were approved.  The grant was approved, the Project Agreement has been fully executed in accordance with Board authorization, and is being submitted to the Board to receive and file and to establish budget for the grant. The FIND grant requires a $200,000 (50%) match, which will be funded from the Infrastructure Sales Tax. The grant term is from October 30, 2018 through September 30, 2020, with a possible one year time extension. District 4 (AH)

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

7.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Florida Recreation Development Assistance Program (FRDAP) grant application submitted to the State of Florida Department of Environmental Protection (FDEP) on October 18, 2018, requesting $50,000 to fund the project elements associated with the development of Canyon District Park Phase One;

 

B) authorize the County Administrator, or designee, to execute the grant Project Agreement, as well as time extensions, task assignments, certifications, standard forms, or amendments to the Agreement that do not change the terms and conditions of the agreement if the grant is approved; and

 

C) authorize the Director of the Parks and Recreation Department to serve as Liaison Agent with FDEP for this project.

 

SUMMARY: This grant application requests $50,000 from FRDAP for the development of Canyon District Park Phase One.  Project elements include three new multipurpose fields, picnic facilities, exercise trail, restroom, and parking and associated infrastructure. The grant requests $50,000 in funding, and will be matched with $50,000 from Zone 3 Impact fees.   If the grant is awarded, and once the project is completed, the Project Agreement requires a Notice of Limitation of Use to be recorded in public records limiting the project site to outdoor recreation in perpetuity.  District 5 (AH)

 

8.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Florida Recreation Development Assistance Program (FRDAP) grant application submitted to the State of Florida Department of Environmental Protection (FDEP) on October 18, 2018, requesting $50,000 to fund the project elements associated with the Caloosa Park Redevelopment project;

 

B) authorize the County Administrator, or designee, to execute the grant Project Agreement, as well as time extensions, task assignments, certifications, standard forms, or amendments to the Agreement that do not change the terms and conditions of the Agreement if the grant is approved; and

 

C) authorize the Director of the Parks and Recreation Department to serve as Liaison Agent with FDEP for this project.

 

SUMMARY:  This grant application requests $50,000 from FRDAP for the Caloosa Park Redevelopment project.  Project elements include renovation of the exercise trail, bike trail, and playground as well as new landscaping and picnic facilities and ADA upgrades to the existing parking and restroom.  The grant requests $50,000 in funding with no matching funds required.  If the grant is awarded, and once the project is complete, the Project Agreement requires a Notice of Limitation of Use to be recorded in public records limiting the project site to outdoor recreation in perpetuity. District 4 (AH)

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

9.         Staff recommends motion to:

 

A) approve  an agreement with Team Services Florida, LLC, to provide sports officials to officiate adult softball, youth basketball and youth volleyball at County Recreation Facilities, in an amount not-to-exceed $61,384, for a period of one year beginning January 1, 2019 through December 31, 2019, with four one year renewals options; and

 

B) authorize the County Administrator, or designee, to execute all future renewal options, task assignments, certifications and other forms associated with this agreement and any minor amendments that do not change the scope of work, terms or conditions of this agreement.

 

SUMMARY:  The Parks and Recreation Department operates sports programs and amenities including softball, basketball and volleyball.  Qualified officials are needed for adult softball, youth basketball and youth volleyball at County recreation facilities. The current agreement (R2013-1836) expires on December 31, 2018.  Procurement for sports official services are exempt from the Palm Beach County Purchasing Code and where possible shall be competitively bid by the Department.  On October 15, 2018, a Request for Services (RFS) was issued seeking submittals for sports officiating services at County facilities. Only one bid was received and the Department now desires to enter into an agreement with the responsive bidder.  The cost of this Agreement is offset by program fees. Countywide (AH)

 

 

N.        LIBRARY

 

1.         Staff recommends motion to:

 

A) approve the submittal of an application to the Florida Department of State, Division of Library and Information Services, for State Aid to Libraries in an estimated amount of $990,538 for FY 2019;

 

B) approve the associated State Aid to Libraries Grant Agreement with The State of Florida, Department of State; and

 

C) authorize the County Administrator, or designee, to execute any other necessary agreements, amendments, forms and certifications associated with the State Aid to Libraries grant agreement.

 

SUMMARY:  The State provides an annual operating grant to eligible libraries based upon their annual operating expenditures from local funds.  Estimated State Aid revenue has been included in the County Library’s FY 2019 proposed budget.  The time frame for the agreement to determine the award begins with the start of the Grantee’s second preceding fiscal year (October 1, 2016) and concludes with the end of the State of Florida’s current fiscal year (June 30, 2019). There is no match requirement for this grant.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve:  a resolution, pursuant to Section 125.38, Florida Statutes, conveying and transferring 150 fire-rescue self contained breathing apparatus (SCBA) masks to the Palm Beach County Fire Rescue Cadet Battalion, Inc., a Florida not for profit corporation, contingent upon receipt of $10 consideration, which is the nominal price established by the Board pursuant to Section 125.38, and a duly executed Acceptance of Fire Rescue Vehicle(s) and/or Equipment form; providing for an effective date.  SUMMARY:  The Palm Beach County Fire Rescue Cadet Battalion, Inc. (CB), has requested the County convey and transfer 150 SCBA masks for use by the cadets in the basic firefighter skills training provided by the CB. The equipment requested by the CB has minimal useful value to the Fire/Rescue MSTU and would provide a valuable air source to CB members as part of their firefighter skills training. This equipment is currently part of Fire Rescue’s reserve inventory and would otherwise be scheduled for transfer to surplus. The total estimated value of this equipment is $15,000. Countywide (SB)

 

2.         Staff recommends motion to approve: an Institutional Review Board (IRB) Authorization Agreement with the University of Miami IRB for the Firefighter Cancer Cohort Study (FFCCS) effective upon approval and continuing for the duration of the County’s participation as a study site. SUMMARY:  The cancer cohort study is a FEMA-funded research project, established in July 2016 that will develop and test a framework for establishing a long-term prospective study of firefighter carcinogenic exposures and health effects. The current cancer cohort study is a joint effort between the University of Miami, the University of Arizona, the National Institute for Occupational Safety and Health (NIOSH), Boston Fire Department, Tucson Arizona Fire Department and Palm Beach County Fire Rescue (PBCFR). As a participating study site, several PBCFR firefighters, who have voluntarily chosen to participate, have been trained as researchers to either collect their own biological samples (for example; blood, urine, breath, and cheek cells) or to coordinate the study at PBCFR. The research study is subject to extensive federal regulations, including review and oversight of the study by an institutional review board pursuant to an IRB Authorization Agreement. There are no County funds required for this Agreement. Countywide (SB)

 

3.         Staff recommends motion to approve:  a second amendment to Professional Service Agreement with Elite Medical Specialists, LLC, formally known as Kenneth A. Scheppke, M.D., P.A. for medical director services to extend the Agreement from December 31, 2018 to December 31, 2019 in an amount not to exceed $198,300.  SUMMARY:  Pursuant to State law, Palm Beach County Fire-Rescue, as an Emergency Medical Services Provider, must employ or contract with a medical director who is a licensed physician and meets the criteria set out in Chapter 401, Florida Statutes, and the Rules of the Department of Health, Chapter 64J-1, F.A.C. On December 2, 2014, the County entered into a Professional Service Agreement (R2014-1849) with Kenneth A. Scheppke, M.D., P.A. for Medical Director services beginning on January 1, 2015 through December 31, 2017, with two optional one year periods of renewal. Since the inception of the Agreement, Kenneth A. Scheppke, M.D., P.A. was converted to Kenneth A. Scheppke, M.D., LLC, which was then renamed as Elite Medical Specialists, LLC. A first amendment (R2017-1926) was approved on December 19, 2017 to extend the Agreement through December 31, 2018. Both parties desire to operate under the same terms and conditions of the Agreement through the end of the second and final one year period of renewal extending the Agreement through December 31, 2019. Countywide (SB)

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES

 

1.        Staff recommends motion to:

 

A) rescind the Interlocal Agreement R2011-0774, dated May 17, 2011;

 

B) approve the replacement Interlocal Agreement for network services with the City of Lake Worth for an annual revenue of $12,900; and

 

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

         

SUMMARY:  The City of Lake Worth has an existing Interlocal Agreement with Palm Beach County (R2011-0774) for network services and has requested an increase in their bandwidth.  Accordingly, the County recommends rescinding the existing agreement and replacing it with a new agreement for an initial term of one year with automatic one-year renewals unless notice is given by either partyThis new Interlocal Agreement includes updated contract terms to provide the increased level of network services and internet access to the City of Lake Worth and will generate $12,900 in annual revenues to the County, a net increase of $10,800 annually.  The Florida LambdaRail LLC has approved connection of the City of Lake Worth to the Florida LambdaRail network. District 3 (DB)

 

 

2.        Staff recommends motion to:

 

A) rescind Interlocal Agreement R2014-0171, dated February 4, 2014 as amended;

 

B) approve the replacement Interlocal Agreement for network and colocation services with the Health Care District of Palm Beach County (HCD) for an annual revenue of $120,156;

 

C) approve the HCD’s request that Palm Beach County contribute $16,671 of the estimated $33,342 network installation costs for the proposed new location; and

 

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

 

SUMMARY:  The Health Care District of Palm Beach County has an existing Interlocal Agreement, as amended, with Palm Beach County (R2014-0171) for network and colocation services.  The HCD is adding a new location at the JFK Medical Center North Campus to help with the current opioid epidemic and has requested network services at that site.  They have also requested that Palm Beach County assist with the installation cost for the new site.  The County recommends rescinding the existing Agreement and replacing it with a new Agreement for an initial term of one year with automatic one-year renewals unless notice is given by either party.  This revised Agreement includes updated contract terms to provide network services and internet access to seventeen HCD sites and continues the current colocation services.  The JFK Medical Center North Campus site will generate $1,800 in additional annual revenues to the County.  The one-time installation cost to connect this site is estimated at $33,342 and is proposed to be split evenly between the HCD and the County.  The Florida LambdaRail LLC has approved connection of the HCD to the Florida LambdaRail network. Countywide (DB)

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

3.       Staff recommends motion to approve:  Addendum to AT&T ILEC Intrastate Pricing Schedule to allow for an extension of services for 12 months. SUMMARY:  The extension of this pricing schedule allows the County to maintain the current price rates while finalizing the conversions associated with the Unified Communications project that replaced the legacy telephone systems.  Countywide (DB) 

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file:  two Grant Adjustment Notices (GAN) #015: Financial Management training; and #016: supplemental clergy training materials; with the US Department of Justice (DOJ), Office on Violence Against Women (OVW), Grants to Improve Criminal Justice Response Program (ICJR) (2017-WE-AX-0034), which facilitated administrative filing and approvals through October 31, 2018.  Summary:  As per grant guidelines, certain expenditures and work product require approval from the OVW ICJR grant manager.  The approval process is facilitated by drafting a GAN and submitting it through the OVW’s Grant Management web portal.  GAN #015 approved payment for the Financial Point of Contact, Ngoc Chau, to attend the 2018 Financial Management training. GAN #016 approved the supplemental clergy training materials, which includes the Clergy quick reference guide and card.  The Clergy Toolkit work product was approved by GAN #012 (R2018-1236) and previously approved by the grantor on May 30, 2018.  R2014-1633 authorized the County Administrator, or designee, to execute future awards, contracts, 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 approve: a first amendment to the contract for Professional Services with NMS Management Services, Inc. (R2018-1231) for the period of August 14, 2018 through September 30, 2019, to provide drug-testing services to indigent defendants on pretrial supervised release, court ordered for random drug testing for a total not-to-exceed amount of $58,000.  Summary:  As part of the MacArthur Safety and Justice Challenge grant program, funding was allocated to the Public Safety Department’s Pretrial Services Office for drug testing services to be provided to indigent defendants. Currently, all defendants on pretrial supervised release that have been court ordered for drug testing are required to pay for their drug testing, which ranges from $20 to $65 per test. With a pretrial population that is 85% indigent, defendants could not afford to pay for the drug tests, sometimes resulting in a violation of pretrial release conditions. This contract provides funding for approximately 960 indigent defendants’ drug testing services.  This amendment expands the number of drug testing locations to include out of county and out of state testing facilities, which makes it more convenient for the pretrial defendants. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve: second amendment to Community Based Agency Contract with the City of Greenacres (City) (R2017-1509), for the period October 1, 2018 through September 30, 2019, to reflect programming offered during the school year and including an increase in the number of clients served each month, at no additional cost to the County. SUMMARY: In October 2017, the Board of County Commissioners (Board) approved a Community Based Agency Contract with the City to provide Youth Programs – Cool Zone/Hot Spot, which included two one-year options for renewal at the County’s sole discretion. In September 2018, the Board approved a first amendment (R2018-1451), extending the program through September 30, 2019, and providing for continued funding in the amount of $77,000. The City desires to change the months the program is offered from 12 to approximately ten to reflect services rendered during the school year, while increasing the number of clients served from 40 to 49. The City provides different programming during the summer months in the form of summer camps.  Program outcomes are aligned with Palm Beach County’s Youth Master Plan action area, Social and Emotional Learning. District 2 (HH)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Department of Justice, Office of Justice Programs, FY2018 Justice and Mental Health Collaboration Program grant award in the amount of $750,000 for the period of January 1, 2019 through December 31, 2021; and

 

B) approve budget amendment of $750,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On September 26, 2018, the Palm Beach County Sheriff’s Office (PBSO) received a Federal grant award in the amount of $750,000 to address school and community violence. Funding provided will be used for personnel costs, contractual services, supplies, travel/training, data collection and assessment tools, and community awareness.  The PBSO will provide the 20% required match and overmatch in-kind contribution in the amount of $212,086 through its approved operating budget.  One PBSO position is created with this action. An increase in funding from the County may be requested through our annual budget process once the grant period ends. Countywide (LDC)

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Department of Justice, Office of Justice Programs, FY2018 Innovations in Community-Based Crime Reduction Program grant award in the amount of $1,000,000 for the period of October 1, 2018 through September 30, 2021; and

 

B) approve budget amendment of $1,000,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On October 1, 2018, the Palm Beach County Sheriff’s Office (PBSO) received a federal grant award in the amount of $1,000,000 to address the disproportionate rate of violent crimes and related crime drivers in the South End community of the City of Lake Worth.  Funding provided will be used for personnel costs, contractual services, supplies, equipment, travel/training, community outreach, supplies, and community awareness.  There is no match requirement associated with this award. Two PBSO positions are created with this action. An increase in funding from the County may be requested through our annual budget process once the grant ends. Countywide (LDC)

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Palm Beach County Impaired Driving Initiative, in the amount of $150,000, for the period of November 16, 2018 through September 30, 2020; and

 

B) approve budget amendment of $150,000, increasing the Sheriff’s Grants fund.

 

SUMMARY: On November 16, 2018, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $150,000, to support an Impaired Driving Initiative in Palm Beach County.  Funds will be used to support overtime costs associated with the Impaired Driving project.  There is no match requirement associated with this award. Countywide (LDC)

 

4.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, Palm Beach County Speed and Aggressive Driving Campaign project, in the amount of $100,000, for the period of November 2, 2018 through September 30, 2019; and

 

B) approve budget amendment of $100,000, increasing the Sheriff’s Grants fund.

 

SUMMARY: On November 2, 2018, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $100,000, to support a Speed and Aggressive Driving Campaign project in Palm Beach County.  Funds will be used to support overtime costs associated with the project.  There is no match requirement associated with this award. Countywide (LDC)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a U.S. Department of Transportation, Federal Railroad Administration, FY2018 Law Enforcement Strategies for Reducing Trespassing Pilot grant award in the amount of $75,000 for the period of October 1, 2018 through December 31, 2019; and

 

B) approve budget amendment of $75,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On November 5, 2018, the Palm Beach County Sheriff’s Office received a Federal grant award in the amount of $75,000 to address Railroad Trespassing in the City of Lake Worth which can be the cause of accidents, injuries, death, and vicarious trauma. Funding provided will be used for overtime costs associated with a robust enforcement campaign.  There is no match requirement. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

6.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office an agreement between the State of Florida, Office of the Attorney General and the Palm Beach County Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of $153,588 for the period October 1, 2018 through September 30, 2019; and

 

B) approve budget amendment of $153,588 in the Sheriff’s Grants Fund.

 

SUMMARY:  On October 1, 2018, the Palm Beach County Sheriff’s Office (PBSO) received a VOCA grant.  These funds will be used to continue to allow for one victim advocate allocation to concentrate on the victim population in Palm Beach County and will additionally expand services to the human trafficking victim population through the addition of one additional allocation.  Both positions will coordinate services with PBSO officers, the County’s Victim Services Programs, and other municipal agencies to offer crisis intervention, lethality assessments, safety plans, and case management services.  The PBSO will be reimbursed for personnel expenses totaling $153,588.  The PBSO will provide the 20% required match and overmatch contribution in the amount of $51,196 through its approved operating budget. One new PBSO position is created and one existing position is continued with this action. An increase in funding from the County may be requested through our annual budget process once the grant ends. Countywide (LDC)

 

7.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a National Institute of Justice Award Letter for a FY 2018 DNA Capacity Enhancement and Backlog Reduction Program Grant in the amount of $312,793 for the period January 1, 2019 through December 31, 2020; and

 

B) approve budget amendment of $312,793 in the Sheriff’s Grants Fund.

 

SUMMARY:  On September 17, 2018, the Palm Beach County Sheriff’s Office (PBSO) received an award for the DNA Capacity Enhancement and Backlog Reduction Program.  The Forensic Biology Unit in the Crime Laboratory of PBSO services over 28 municipalities, the school systems and assists state and local federal agencies as needed. These funds will be used to fund the salary and benefits of two full time Forensic Scientists, training, travel, and contractual services that will increase the efficiency of the crime lab. There is no match requirement associated with this award. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     COURT ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Fifteenth Judicial Circuit, a donation in the sum of $22,627 from, “Making Every Day Count, Inc.” as continuing support of the Delinquency and Family Drug Court programs;

 

B) continue the approve utilization of the funds for the continued support of a  part-time Court Administration Juvenile Court Case Manager position within the Fifteenth Judicial Circuit – Court Administration; and

 

C) approve budget amendment of $22,627 to the general fund.

 

SUMMARY: On November 20, 2018, the Fifteenth Judicial Circuit received a letter committing additional funds to Palm Beach County in the sum of $22,627 from Making Every Day Count, Inc. The funds will support the continued employment of are to be used to continue the Juvenile Court Case Manager. This position, which develops protocols is responsible for the recruitment, training, and coordination of advocates to assist Delinquency and Family Drug Court participants. The funding will cover the Juvenile Court Case Manager salary, applicable employment taxes, and travel costs for the Juvenile Court Case Manager. The increased funds will allow the Case Manager hours to increase from ten hours to position will entail 20 hours per week.  Pay is at $20.53 per hour, for one year until the funds are depleted. The position reports to the Juvenile Court Operations Manager within of the Fifteenth Judicial Circuit, under the with supervision of by the Administrative Judge of the Juvenile Division. Countywide (AH)

 

 

EE.      OFFICE OF EQUAL OPPORTUNITY

 

1.         Staff recommends motion to approve:  a contract with the Legal Aid Society of Palm Beach County, Inc. totaling $136,990 for the period January 1, 2019 through December 31, 2019 for the Wage Dispute Project.  SUMMARY:  On December 19, 2017, the County and the Legal Aid Society of Palm Beach County, Inc. (Legal Aid Society) entered into a contract (R2017-1863) for $133,000 to cover the salary and benefits of the staff attorney assigned to the Wage Dispute Project, and the support, investigative, court processing services and other actual costs of the project. The Legal Aid Society has requested to continue the program for another year. In 2017, 318 individuals were provided service under the contract period.  For the current year, this figure has increased to 336.  Kimberly Rommel-Enright, an employee of the Legal Aid Society, serves on the Palm Beach County HIV CARE Council (Council), which is a County Advisory Board. The Council provides no regulation, oversight, management, or policy-setting recommendations regarding the contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443 of the Palm Beach County Code of Ethics. Countywide (DO)

 

 

 

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DECEMBER 18, 2018

 

 

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

 

A.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to:

 

A) reserve a drainage easement over an approximately 4,500 foot long portion of the unimproved southern right-of-way (ROW) for Linton Boulevard that varies in width from 16.2 feet to 40 feet and lies between the Lake Worth Drainage District (LWDD) E-2½ Canal and the LWDD E-2-E Canal (Abandonment Site) as shown on the plat of Addison Reserve Plat Two, recorded in Plat Book 77, Pages 3-8, and the plat of Addison Reserve Plat Three, recorded in Plat Book 78, Pages 5-8, Public Records, Palm Beach County (County);

 

B) approve a utility easement for Florida Power & Light Company (FPL) over the Abandonment Site;

 

C) approve a utility easement for AT&T, Florida (AT&T) over the Abandonment Site; and

 

D) adopt a resolution abandoning any public interest in the Abandonment Site.

 

SUMMARY: Approval of the utility easements, reservation of the drainage easement and adoption of this resolution will eliminate the public dedication that is in conflict with the future plans of Addison Reserve Country Club, Incorporated (Petitioner). The Abandonment Site is located north of Clint Moore Road and approximately 790 feet east of Florida’s Turnpike District 5 (LBH)

 

2.         Staff recommends motion to adopt: a resolution to abandon any public interest in a portion of a drainage easement lying within Tract S-1, as shown on Polo Trace II Plat No. 1, Plat Book 75, Page 193 (Plat 1); a portion of a Palm Beach County utility easement recorded in Official Record Book (ORB) 13297, Page 569, also lying within Tract S-1 in Plat 1; two utility easements lying within Tract O-2, as shown on Plat 1; portions of two sewer easements, and three utility easements all lying within Tract C, as shown on Polo Trace II Plat No. 2, Plat Book 77, Page 76 (Plat 2); a utility easement lying within Tracts B and C, as shown on Plat 2, Tract O-1, as shown on Polo Trace II Plat No. 3, Plat Book 83, Page 1 and Parcel A, as shown on Polo Trace II Golf Course, Plat Book 88, Page 160; and one utility easement and two well site easements recorded in ORB 6348, Page 53 and shown on Polo Trace II Golf Course, Plat Book 88, Page 160 (Abandonment Sites) all recorded in the public records of Palm Beach County (County), Florida.  SUMMARY: Adoption of this resolution will eliminate all public interest in the Abandonment Sites that are in conflict with the future redevelopment plans of Polo Trace Associates, LLLP (Petitioner). The Abandonment Sites are located on the west side of Hagen Ranch Road and approximately 0.80 miles south of Flavor Pict Road. District 5 (LBH)

 

3.         Staff recommends motion to adopt: a resolution to abandon any public interest in a 50-foot wide by approximately 146-foot long portion (Abandonment Site) of the drainage easement lying within the single-family lot located at the northeast corner of the intersection of Palmwood Road and Little Cypress Circle, as described in Deed Book 1038, Page 689, Public Records of Palm Beach County.  SUMMARY: Adoption of this resolution will eliminate the public interest in the Abandonment Site where an error in construction caused an encroachment. It has been determined that the remaining drainage easement is sufficient for the public drainage needs. The petition site is located north of Donald Ross Road and east of Palmwood Road. District 1 (LBH)

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

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

 

A.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

                        4.         Staff recommends motion to:

 

A) determine that Palm Beach County (County) has adhered to and implemented its Five Year Road Program (Program) based on substantial evidence that the funding for the current fiscal year and the addition of the new fifth year are as contemplated in the Comprehensive Plan and that fewer than 20% of the Fiscal Year 2017 construction projects are more than 12 months behind schedule as defined in Attachment “1”;

 

B) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Program; providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of 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; and

 

C) approve the hiring of professionals to design, appraise and assist in the acquisition of lands, rights-of-way, and easements necessary to undertake the projects identified in the program, as approved herein, including but not limited to the employment of real estate appraisers, engineers, certified public accountants, business damage consultants and experts, and other professionals deemed necessary.

 

SUMMARY:  This is the annual update of the County’s Program, which is required to be considered each year by the Ordinance. The Unified Land Development Code (ULDC) requires that concurrent with the adoption of the annual Program, the Board of County Commissioners must determine that the appropriate findings of fact associated with the Program have been made. Those findings have been made. Exhibit “A” to the Ordinance contains the road projects to be undertaken by the County in the next five years. The approval to hire professionals will facilitate the property acquisitions necessary to accomplish the road goals of the program, as amended herein, for Fiscal Year 2019 through Fiscal Year 2023. Countywide (LBH)

 

 

 

 

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DECEMBER 18, 2018

 

 

5.         REGULAR AGENDA

 

A.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  a Concessionaire Lease Agreement with US Soccer 5, LLC (US Soccer), a limited liability company, for the operation of a mini soccer complex concession at John Prince Park (Park) for $48,000/year ($4,000/month) for a period of  ten years commencing no later than 30 days after the issuance of a certificate of occupancy.   SUMMARY:  In July 2018, a Request For Proposals (RFP) was issued for the operation of a mini soccer complex concession at the Park for park visitors.  Proposals were received from Soccer Town Pembroke Pines, LLC (Soccer Town) and US Soccer.  A Selection Committee reviewed the proposals and ranked US Soccer the highest. The guaranteed annual rent is $48,000/year ($4,000/month), with annual 2% increases.  US Soccer will pay a commission fee equal to the amount by which 10% of US Soccer’s annual gross revenues exceeds the guaranteed annual rent. US Soccer has proposed making $990,486 in capital improvements which includes four 7v7 fields (35-45 yards wide x 55-70 yards long), two 5v5 fields (25 yards wide x 40 yards long), installation of a trailer/container for check-in, and an outdoor cafe/service/patio area.  The term of the Concessionaire Service Agreement is for ten years, with two ten year options to extend.  US Soccer has posted a $5,000 security deposit.  The Parks Department will manage and administer the Concessionaire Lease Agreement. (PREM) District 3 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

5.         REGULAR AGENDA

 

A.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A) Amendment No. 1 to the contract with James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company (R2015-0852) in the amount of $26,305,228 for the Palm Beach County Sheriff’s Office (PBSO) Forensic Sciences and Technology Facility project establishing a Guaranteed Maximum Price (GMP) for construction management services for the period of 429 days from notice to proceed unless amended by change order;

 

B) budget transfer of $1,200,000 within the Public Building Impact Fee Fund;

 

C) budget transfer of $1,200,000 from the General Fund Contingency Reserves to the Public Building Improvement Fund; and

 

D) budget amendment of $1,200,000 in the Public Building Improvement Fund to recognize the transfer from General Fund Contingency Reserves and to fund the PBSO Forensic Sciences and Technology Facility Project. 

 

SUMMARY:  This Amendment authorizes construction of an approximately 87,000 sq. ft. secure lab/office/warehouse facility with an 800 to 1000 vehicle impound lot.  At the completion of this project, the Evidence Unit will vacate five satellite facilities and one leased property.  The duration of construction is 429 days. The contract establishes a Small Business Enterprise (SBE) goal of 15%.  James B. Pirtle Construction Company, Inc.’s SBE participation for this Amendment is 21.6%.  Including this Amendment, James B. Pirtle Construction Company, Inc.’s overall SBE participation is 21.4%.  James B. Pirtle Construction Company, Inc. is a Broward County business and it is anticipated that 55% of the work will be performed by Palm Beach County businesses. The budget amendment and transfers are necessary due to a budgetary shortfall of $2,400,000 and to fully fund the construction, remaining soft costs and contingency.  All major subcontractor bids were reviewed by Staff and found to be competitive with the greatest percentage of the shortfall being due to a combination of industry manpower shortages, the significant amount of competing construction opportunities and design requirements unique to this facility.  Due to this facility being designed to accommodate the long term needs of Palm Beach County Sheriff’s Office (PBSO), both County staff and PBSO believe that cutting the scope would not be a prudent way to close the funding gap. This Amendment will be funded from Public Building Impact Fees, 176M 08 Jail Expansion Bond proceeds and, FY17, FY18 and FY19 Infrastructure Sales Tax Funds (f.k.a. Evidence Building) and ad valorem funds. The solicitation for the project was issued in Feb. 2015, the CM contract awarded on July 7, 2015 and preconstruction services authorized on July 13, 2015. (Capital Improvements Division) Countywide/District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

5.         REGULAR AGENDA

 

A.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: a second amendment to Concessionaire Service Agreement (R2013-1018) dated August 13, 2013, as amended, with Hawkhaven, LLC d/b/a Lazy Loggerhead Café (Hawkhaven) to permit the sale of beer and wine.  SUMMARY:  Hawkhaven manages and operates the Lazy Loggerhead Café in the Carlin Park concession building pursuant to Concessionaire Service Agreement (R2013-1018) which runs until August 31, 2020. Hawkhaven has requested the ability to sell beer and wine on the premises.  The sale of alcohol at beachside food and beverage concessions is consistent with other similar concession operations in South Florida and in other County park concessions such as golf courses and museums.  Allowing Hawkhaven to serve beer and wine will address current public dining preferences and will result in increased revenue to the County. This second amendment permits the sale of beer and wine; updates the insurance, non-discrimination and inspector general provisions; and adds the conflict of interest, scrutinized companies, heading and condemnation provisions.  The Board may terminate the Concessionaire Service Agreement upon 90 days written notice.  All other terms of the Agreement will remain in full force and effect. Parks will continue to have administrative responsibility for the Agreement. (PREM) District 1 (HJF)

 

 

B.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:  a Florida Power & Light Company (FPL)-FPL Care To Share Agreement to prevent loss of power for residents of Palm Beach County for the period of January 1, 2019 through December 31, 2023, for an amount to be determined by FPL.  SUMMARY:  The FPL Care To Share Agreement enables the Department of Community Services to provide utility assistance to households at risk of their power being disconnected. The Division of Human and Veteran Services has been administering the FPL Care to Share program in Palm Beach County since July 1, 2006. The program is sponsored by the Florida Power & Light Company and is designed to provide emergency assistance funds to customers who are in a crisis situation and unable to pay their electric bill. Since the Division of Human and Veteran Services has administered the program, FPL Care To Share has provided $1,542,906 (through September 2018) to assist households in Palm Beach County. The program assists over 300 households per year, with 1,625 assisted over the most recent 5-year period. Voluntary contributions from FPL customers, along with corporate contributions from FPL fund the FPL Care To Share program. A standard upper limit payment of $500 per participant per grant year is provided. No County match is required. (Division of Human and Veteran Services) Countywide (HH)

 

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECEMBER 18, 2018

 

 

5.         REGULAR AGENDA

 

            C.         FIRE RESCUE

 

1.         Staff recommends motion to approve:  an Interlocal Agreement relating to Clinical Field Experience with the School Board of Palm Beach County, Florida for the period December 18, 2018 through December 31, 2023. SUMMARY:  Under this agreement Palm Beach County Fire Rescue will provide clinical field experience for students enrolled in a duly approved Emergency Medical Responder (EMR) training program at secondary schools located throughout Palm Beach County. The first three years of this agreement will serve as a pilot program for students enrolled in the EMR program at Palm Beach Lakes High School and Wellington Community High School. At the successful completion of the three year pilot program, clinical field experience opportunities may be expanded to students enrolled in an EMR program at additional high schools. Students will respond with County paramedics under actual emergency conditions to observe and to assist in delivering emergency medical care using basic life support techniques for which the student has been trained under their EMR program. This clinical field experience is an integral and required part of the EMR program, and will enhance the available job pool of qualified personnel. Countywide (SB)

 

D.         HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 2 to the Agreement (R2016-1422) with the Business Development Board of Palm Beach County, Inc. (BDB) to amend the Scope of Services. SUMMARY: On September 27, 2016, the Board of County Commissioners (BCC) entered into an Agreement (R2016-1422), as amended (R2017-1707) on November 7, 2017, with the BDB to provide business recruitment, expansion, and retention services and general marketing for Palm Beach County.  The Agreement period is from October 1, 2016 through September 20, 2021 and is in the third year of its five year term. The public/private partnership between the County and the BDB works towards creating a stable and diverse economic climate throughout Palm Beach County.  The Agreement’s Scope of Services is reviewed annually and revised as appropriate to capitalize on changes within the Palm Beach County economy and business community.  In consultation with the BDB, the revisions to the Agreement include a new reporting format to facilitate monitoring and contract compliance. In addition, an annual report pursuant to Section 125.045, Florida Statutes and a requirement to advise HES of meetings with Glades-focused business recruitment, expansion, and retention efforts have been added.  The revised Scope of Services is provided as an attachment to this Agenda Item. These are County Ad Valorem funds. Countywide (JB)

 

E.         ADMINISTRATION

 

1.         Staff recommends motion to approve: a resolution urging the legislature and Governor to create and provide funding for a statewide opioid addiction task force. SUMMARY: On December 4, 2018, the Board of County Commissioners requested a resolution be brought forth to urge the legislature and Governor to create and fund a statewide opioid addiction task force.  The impact of the national opioid epidemic can easily be seen and felt in Florida where this type of addiction has become an alarming public safety and health crisis. In Florida, opioid overdose incidents and deaths pose serious threats to public health, and the state ranks fourth in the nation for total care costs attributed to opioid abuse.  Residents throughout the state, in rural and suburban communities alike, are confronting opioid addiction and resulting overdose deaths.  While local task forces may be best equipped to address the distinct needs of a particular community, a statewide task force would be better suited to address more universal issues and problems typically caused by or found in communities dealing with the opioid epidemic. Countywide (DW)

 

                        2.         ADD-ON: Staff recommends motion to approve: a Settlement Agreement (Agreement) between the Palm Beach County Board of County Commissioners (County) and Lennar Homes, LLC, a Florida limited liability company (Lennar) relative to the provision of Workforce Housing (WFH Units) in three residential projects  Gulfstream Preserve, Silverwood Estates, Cambria Parc. SUMMARY:            Lennar is required to provide certain numbers of WFH Units per development orders obtained via residential project approvals.  The number of units and how this requirement is achieved are prescribed in the Comprehensive Plan (Plan), site specific amendments to the Plan and the Unified Land Development Code (ULDC).  Lennar is developing three projects which contain WFH units and are the subject of this Agreement. These projects represent the first for-sale WFH Units created through the County program. Lennar has sought to exercise a provision in the ULDC that allows them to be released from this obligation for two of these projects (Gulfstream Preserve and Silverwood Estates).  The third project has not met necessary ULDC thresholds to exercise this option but is included to provide conformity in meeting the requirements (Cambria Parc).  The County and Lennar are in disagreement on the satisfaction of meeting these requirements and Lennar appealed the County determination that the ULDC provisions had not been met.  Such an appeal would be made to a Special Magistrate.  The County and Lennar have negotiated an agreement which will specifically address terms and obligations for the construction, marketing and sales of WFH units for all three projects.  The circumstances related to this agreement are unique to these three residential projects.  At all times, Lennar is expected to adhere to all ULDC requirements in addition to the terms of this Agreement.  Staff recommends that the Board approve this Agreement.  Countywide (KP)

 

 

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DECEMBER 18, 2018

 

 

6.         BOARD APPOINTMENTS

 

            A.        ADMINISTRATION

                        (Treasure Coast Regional Planning Council)

 

1.         Staff recommends motion to ratify: the following Palm Beach County League of Cities (League) representatives to the Treasure Coast Regional Planning Council (TCRPC), beginning January 1, 2019 to December 31, 2019:

 

Nominees                                           Seat No.          Representing

 

Regular appointments:

Anne Gerwig, Mayor                                4                 Village of Wellington

Jeff Hmara, Councilman                           5                 Village of Royal Palm Beach

Omari Hardy, Commissioner                    6                 City of Lake Worth

Abby Brennan, Mayor                             7                 Village of Tequesta

David Norris, Councilman                        8                 Village of North Palm Beach

                                                                                               

Alternate appointments:

Paula Ryan, Commissioner                   4A                  City of West Palm Beach

Kristine de Haseth, Commissioner        5A                  Town of Ocean Ridge

Robert Gottlieb, Vice Mayor                  6A                 Town of South Palm Beach

Maria Marino, Mayor                             7A                  City of Palm Beach Gardens

Vacant                                                    8A                 

 

 

SUMMARY: In accordance with the TCRPC Rules of Order, the Board of County Commissioners (BCC) appointed its members and alternates for the coming year before the Council’s annual meeting on December 14, 2018. The TCRPC Rules of Order also require the BCC ratify the League’s members. The League appointed the above municipal representatives at their November 28, 2018 meeting. Countywide (RPB)

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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DECEMBER 18, 2018

 

 

7.         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."