July 1, 2014 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JULY 1, 2014
PAGE ITEM
7 2C-5 ADD-ON: Proclamation
declaring July 2014 as “Marine Debris Removal Month” in Palm Beach County.
(Sponsored by Commissioner Valeche)
36 4E-1 DELETED:
Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida repealing and replacing
Resolution No. R2013-0485, and enacting a new schedule of fees, fines, and
minimum commercial automobile liability insurance limits for the Vehicle for
Hire Ordinance…(Public Safety) (Further staff review)
37 4F-2 ADD-ON:
Staff recommends motion to
approve on preliminary reading and advertise for public hearing on July 22, 2014,
at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm
Beach County, Florida, amending Chapter 18, Article II of the Palm Beach County
Code (Ordinance No. 2006-012, amended by Ordinance No. 2011-033); relating to Sexual
Offender and Sexual Predator Residence Prohibition, to be known as “the Sexual
Offender and Sexual Predator Residence Prohibition Ordinance of Palm Beach County, Florida”; amending Section 18-34 (Sexual
Offender and Sexual Predator Residence Prohibition; Exceptions); providing for
repeal of laws in conflict; providing for a savings clause; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for captions; and providing for an effective date. SUMMARY: The State of Florida sexual
offender and sexual predator residence prohibition laws
preclude sexual offenders and sexual predators from establishing a permanent or
temporary residence within one thousand (1000) feet from specified locations where
children regularly congregate. The
current County Ordinance provides for a more restrictive distance, prohibiting sexual
offenders and sexual predators from establishing a permanent or temporary
residence within twenty-five hundred (2500) feet from certain defined areas
where children regularly congregate. The
proposed amendment reduces the number of feet to 1000 and eliminates a
designated public school bus stop from the list of specified locations, making
the Ordinance consistent with Florida law.
Additionally, the proposed amendment is responsive to current federal
and state law evolving in other jurisdictions that suggests
a County’s imposition of residency prohibitions on sexual offenders and sexual
predators may not be more restrictive than the residency prohibitions mandated
by the State. It is anticipated that the League of
Cities will have no opposition to the proposed Ordinance amendment,
as this Ordinance is applicable only in the unincorporated areas of the County.
Unincorporated (PGE) (County Attorney)
41 8E DELETED: Request approval to present off-site, a
Proclamation declaring July 2014 as “Yellow Dot Program Initiation Month” in
Palm Beach County. (Sponsored by
Commissioner Berger)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the
addition/deletion sheet distributed to the Board the prior day are noted with
an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JULY 1, 2014
TUESDAY COMMISSION
9:30
A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 7)
3. CONSENT
AGENDA (Pages 8 - 33)
4. REGULAR
AGENDA (Pages 34 - 37)
TIME
CERTAIN 11:00 A.M. (School Board Referendum) (Page 37)
5. BOARD
APPOINTMENTS (Page 38)
6. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 39)
7. STAFF
COMMENTS (Page 40)
8. COMMISSIONER
COMMENTS (Page 41)
9. ADJOURNMENT (Page 41)
* * * * * * * * * * *
JULY 1, 2014
TABLE OF CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 Bud Tamarkin Day
2C-2 One-Year Anniversary Service Forerunners
Generation International Church
2C-3 Purple Heart County & Purple Heart Day
2C-4 Hunger Relief Day
CONSENT AGENDA
A. ADMINISTRATION - None
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Annual contracts with Arcadis U.S., Inc. and
HSQ Group, Inc. for professional services relating to intersection improvement
projects on a task order basis
3C-2 Supplemental Agreement No. 2 with Bridge
Design Associates, Inc. relating to Camino Real Road/Boca Club Bridge over
Intracoastal Waterway
Page 9
3C-3 Contract
with HSQ Group, Inc. relating to Lyons Road (Clint Moore Road to Atlantic
Avenue)
3C-4 Resolution
to accept maintenance of Lyons Road (Boynton Beach Blvd to 1.89 miles south)
3C-5 Amendment to annual guardrail contract with
Southeast Attenuators, Inc. to extend expiration date)
3C-6 Deleted
3C-7 Resolution amending projected assessment to
actual cost of the Wallis Road, Sunbeam Avenue, 1st Street, 2nd
Street and 3rd Street paving and drainage improvements project
Page 10
3C-8 Deleted
3C-9 Task Order with Alan Gerwig & Associates,
Inc. for design plans and construction bid documents related to Florida Mango
Road over L-6 Canal Bridge replacement project
3C-10 Receive and file two Interlocal Agreements for
joint participation and project funding for two engineering projects
3C-11 Supplemental No. 14 with HSQ Group, Inc. relating
to Central Boulevard from C-18 Canal to Church Street project
D. COUNTY ATTORNEY
Page 10
3D-1 Receive and file official transcript for the
closing of the Florida Industrial Development Revenue Bonds (Maltz Jupiter
Theatre, Inc. project)
Page 11
3D-2 Second Amendments with JLA Geosciences, Inc.
and Kimley-Horn & Associates, Inc. for consulting and professional services
relating to Glades area water utilities issues
3D-3 Amendment No. 4 with Squire Patton Boggs, LLP
for disclosure counsel and related legal services for the $110M Public
Improvement Revenue Refunding Bonds
3D-4 Amendment No. 4 with Bryant Miller Olive P.A.
for bond counsel and related legal services for the $110M Public Improvement
Revenue Refunding Bonds
JULY 1, 2014
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 12
3E-1 Youth and Young Adult Internship
Non-Financial Agreement No. 1 with Workforce Alliance, Inc. to provide work
experience opportunities for program participants
3E-2 Ratify Mayor’s signature on the 2014 Florida
Department of Children and Families Standard Contract for emergency homeless
prevention services for families
3E-3 Amendment to the 2012 Continuum of Care
Program Grant Agreement for Shelter Plus Care relative to rental assistance for
permanent housing beds
Page 13
3E-4 Summer Food Service Program for Children
Authorized Signature Form with the Florida Department of Agriculture and
Consumer Services for summer food program
3E-5 Amendment
No. 2 with For the Children, Inc. regarding outreach services program
3E-6 Use of Provider and County Agreement with
MorseLIfe Home Care, Inc. to provide kosher congregate meal site and kosher
meals for the elderly
F. AIRPORTS
Page 14
3F-1 Incorporation of recently acquired parcels
into the Airport Master Plan
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 15
3G-1 Resolutions
authorizing issuance of General Obligation Refunding Bonds for Library District
Improvement project and Waterfront Access projects
Page 17
3G-2 Resolutions
authorizing issuance of Public Improvement Revenue Refunding Bonds for various
public projects
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Amendment No. 5
with Hedrick Brothers Construction Co., Inc. for construction management services
for various capital projects
3H-2 Amendment No. 4
with The Weitz Company, LLC for construction management services for various
capital projects
3H-3 Amendment No. 7
with Trillium Construction, Inc. for construction management services for
various capital projects
Page 19
3H-4 Contracts with two firms to provide property development evaluation services on a continuing
contract basis
3H-5 Contract with
Hedrick Brothers Construction Company, Inc. for pre-construction services for
the Airport Center Building 2 Renovations project
3H-6 Contract with The
Weitz Company, LLC for pre-construction services for the Convention Center
Parking Garage project
Page 20
3H-7 Amendment
No. 5 to two annual general contractors contracts extending the term for one
year
3H-8 Second
Amendment with the School Board of Palm Beach County relating to the use of the
County’s 800 MHz radio system
Page 21
3H-9 Interlocal
Agreement with State Attorney’s Office, 15th Judicial Circuit,
relating to the use of the County’s 800 MHz radio system
3H-10 First
Amendment with the Village of Palm Springs for provision of radio maintenance
services
Page 22
3H-11 Interlocal
Agreement with the Town of Palm Beach Shores for provision of radio maintenance
services
3H-12 First
Amendment with City of Coconut Creek relating to use of the County’s 800 MHz
radio system
JULY 1, 2014
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 23
3H-13 Notice
of Cancellation of Lease Agreement with the City of Delray Beach relating to
lease of 3.64 acres of City-owned land for a Head Start facility
3H-14 Termination
of Option Agreement with NewKita Group, Inc. relating to donation of 11.8 acre
County-owned parcel of land adjacent to the Palm Glades Apartment complex
Page 24
3H-15 Declaration
of Restrictive Covenant on a one acre waterfront parcel located within Bert
Winters Park
3H-16 Lease
Agreement with the Florida Inland Navigation District for construction, use and
maintenance of a public boat launching ramp and fishing pier to support
development of Waterway Park
3H-17 Standard form Temporary
Construction Easement
I. ECONOMIC SUSTAINABILITY - None
J. PLANNING, ZONING & BUILDING
Page 25
3J-1 Receive and file four Contractor Enrollment
Agreements
3J-2 Building Code Advisory Board reappointments
K. WATER UTILITIES - None
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 26
3L-1 Interlocal Agreement with the Solid Waste
Authority for the future procurement of fill materials from the County
3L-2 License Agreement
with the Florida Department of Transportation for the discharge of treated
stormwater onto Pine Glades Natural Area
3L-3 Deleted
Page 27
3L-4 Single Source
Contract with Florida Department of Transportation as compensation for creating
0.396 seagrass credits within the Fullerton Island Wetlands Restoration project
3L-5 Amendment No. 2
with the Loggerhead Marinelife Center of Juno Beach associated with sea turtle
monitoring services
M. PARKS & RECREATION
Page 28
3M-1 Receive and file three Entertainment
Contractor Agreements
3M-2 Receive and file one Amphitheater Rental
Agreement
Page 29
3M-3 Receive and file one Sound and Light
Production Services Contractor Agreement
3M-4 Receive
and file two Independent Contractor Agreements and one First Amendment to
Independent Contractor Agreement
3M-5 Receive and file one Tee Time Advertising and
Sales Agreement
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE
Page 30
3P-1 Fourth Amendment with Friends of the Mounts
Botanical Garden, Inc. for funding of a horticulturist position
JULY 1, 2014
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
Q. CRIMINAL JUSTICE COMMISSION
Page 30
3Q-1 Receive
and file two amendments with The Lord’s Place associated with reentry services
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 30
3S-1 Receive
and file one Independent Contractor Agreement for swimming lessons
Page 31
3S-2 Agreement with Palm Beach State College for
clinical field experience for Paramedic and EMT students
3S-3 Memorandum of Agreement with the Children’s
Services Council to providing funding for the Drowning Prevention Coalition
program
3S-4 Certify the non-ad valorem
assessment roll for the Municipal Service Benefits Unit for fire hydrant
maintenance and rental for Riviera Beach and Boca Raton
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 32
3X-1 Receive and file one Memorandum of Agreement
with the City of Miami to recognize funding under the Urban Area Security
Initiative
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 32
3BB-1 Letter of Agreement and Contract with
University of South Florida (Center for Urban Transportation Research Center)
for PBSO’s Pedestrian and Bicycle Safety High Visibility Enforcement project
Page 33
3BB-2 Pass-through contribution from Massachusetts
Mutual Life Insurance Company for a portion of administrative cost for Sheriff employees deferred compensation plan
3BB-3 Grant Modification Notices 10 and 11 with U.S.
Department of Homeland Security Transportation Security Administration relating
to homeland security at PBIA
JULY 1, 2014
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 34
4A-1 Abatement
of Nuisances Ordinance
4A-2 Ordinance
for Equal Opportunity to Housing and Places of Public Accommodation
ENGINEERING
& PUBLIC WORKS
Page 35
4B-1 Five Year Road Program Ordinance
FACILITIES
DEVELOPMENT & OPERATIONS
Page 35
4C-1 Resolution conveying 0.16
acre vacant parcel to GJARS Properties, LLC (northeast corner of Miner
Road and Grove Road)
PLANNING,
ZONING & BUILDING
Page 36
4D-1 Interlocal Agreement with the Village of Palm
Springs for annexation of ten enclaves
PUBLIC
SAFETY
Page 36
4E-1 Resolution enacting new schedule of fees,
fines and minimum commercial automobile liability insurance limits for the
Vehicle for Hire Ordinance
COUNTY ATTORNEY
Page 37
4F-1 Resolution calling for referendum regarding
School Board of Palm Beach County to continue an annual levy of 0.25 mills for
operational purposes of non-charter District schools – TIME CERTAIN 11:00 A.M.
BOARD APPOINTMENTS
(Page 38)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 39)
STAFF COMMENTS (Page 40)
COMMISSIONER
COMMENTS (Page 41)
ADJOURNMENT (Page 41)
JULY 1, 2014
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring August 6, 2014 as “Bertram ‘Bud’ Tamarkin
Day” in Palm Beach County.
(Sponsored by Vice Mayor Burdick)
2. Proclamation recognizing July 13, 2014 as the “Forerunners Generation International’s One-Year Anniversary Service” in Palm Beach County. (Sponsored by Mayor Taylor)
3. Proclamation
declaring Palm Beach County a “Purple Heart County” and August 7, 2014 as
“Purple Heart Day” in Palm Beach County. (Sponsored by Commissioner Berger)
4. Proclamation declaring July 12, 2014 as “Hunger Relief Day” in
Palm Beach County. (Sponsored by Commissioner Valeche)
5. ADD-ON: Proclamation declaring July 2014 as “Marine
Debris Removal Month” in Palm Beach County. (Sponsored by Commissioner Valeche)
* * * * * * * * * * * *
JULY 1, 2014
3. CONSENT AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve: Warrant List.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Type Meeting Date
Regular April 15, 2014
Workshop April 22, 2014
Zoning April 24, 2014
Comprehensive Plan April 28, 2014
Regular May 6, 2014
Workshop May 13, 2014
Zoning May 22, 2014
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during January 2014. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: contracts with Arcadis U.S., Inc. (Arcadis) and HSQ Group, Inc. (HSQ), to provide the necessary professional services for intersection improvement projects on a task order basis, for Palm Beach Countywide (County) projects, as required. SUMMARY: Approval of these contracts will provide the necessary professional services for intersection improvements throughout the County for all user departments. At the option of the County, these contracts may be renewed annually for a period of one year, with a maximum of two renewals. Arcadis and HSQ are Palm Beach County companies. HSQ is a certified Small Business Enterprise. Countywide (MRE)
2. Staff recommends motion to approve: Supplemental Agreement No. 2 (Agreement) to Project Agreement R2012-0378 in the amount of $906,050.01 with Bridge Design Associates, Inc. (BDA), for professional services for the Camino Real Road/Boca Club Bridge over Intracoastal Waterway project (Project). SUMMARY: Approval of this Agreement will provide the services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for this supplement by BDA is 43.87%, with 46.08% SBE participation achieved to date. BDA is a Palm Beach County company and is a certified SBE. District 4 (MRE)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) a Contract in the amount of $1,210,618.23 with HSQ Group,
Inc. (HSQ), for professional services
for the Lyons Road from Clint Moore Road to Atlantic Avenue project (Project);
and
B) a Budget Transfer of $500,000 from Impact Fee
Zone 5 Reserves and appropriate it to the Lyons Road from Clint Moore Road to
Atlantic Avenue Project.
SUMMARY: Approval of this Contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. HSQ has an office in Palm Beach County. The Small Business Enterprise (SBE) goal for the Project is 15%. HSQ has achieved 69.34% SBE participation for the Project. District 5 (MRE)
4. Staff recommends motion to adopt: a Resolution to accept maintenance of Lyons Road, a thoroughfare road, from Boynton Beach Boulevard to 1.89 miles south (Project), at an estimated cost of $10,650 annually. SUMMARY: Adoption of this Resolution will allow Palm Beach County to accept maintenance of the Project and update the County Maintained Roads Inventory List. District 5 (MRE)
5. Staff recommends
motion to approve: an Amendment to the Annual Guardrail
Contract (Contract), R2013-1115,
Project No. 2014051, dated September 10, 2013, with Southeast Attenuators, Inc.
(Contractor). SUMMARY: Approval of this Amendment will extend the
expiration date from September 9, 2014 to September 9, 2015. The Contract provides that its term may be
extended for a defined period of time, within a total
contract time span of 36 months. With this extension, 24 months of the total
contract time will be expended. The Contract consists
of furnishing and installing guardrail, furnishing guardrail products, removing
and disposing of old guardrail and/or resetting of existing guardrail. Countywide (MRE)
6. DELETED
7. Staff recommends
motion to:
A) adopt a Resolution to amend the original projected assessment to the actual cost of the Wallis Road, Sunbeam Avenue, 1st Street, 2nd Street and 3rd Street Paving and Drainage Improvements (Project) Project No. 2005135, from $87.82 per abutting front foot to $83.57 per abutting front foot;
B) authorize the Tax Collector’s Office to process and collect the assessment payments for the Project; and
C) approve the transfer of Wallis Road, Sunbeam Avenue, 1st Street, 2nd Street and 3rd Street to Palm Beach County owned and maintained roads.
SUMMARY: Finalization of the assessment roll for the Project in Section 34, Township 43, Range 42 is necessary so that the assessment payments can be processed and collected by the Tax Collector’s Office. At the January 24, 2012 Public Hearing, the interest rate for the Project was established at 5.5%, payable over a ten year period as directed by the Board of County Commissioners. District 2 (MRE)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. DELETED
9. Staff recommends motion to approve: a Task Order to the annual contract, R2014-0119, in the amount of $115,271.52, with Alan Gerwig & Associates, Inc. (AGA), for professional services for the Florida Mango Road over Lake Worth Drainage District L-6 Canal Bridge Replacement Project (Project). SUMMARY: Approval of this Task Order will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. AGA has achieved 93.41% for this Project. AGA is a Palm Beach County company and is a certified SBE. District 2 (MRE)
10. Staff recommends
motion to receive and file:
A) an Interlocal Agreement with the Town of Jupiter for joint participation and project funding in construction of A1A (Carlin Park) bridge replacement; and
B) an Interlocal Agreement with the Village of Palm Springs for joint participation and project funding in construction of Kirk Road bridge over the Lake Worth Drainage District’s L-9 Canal.
SUMMARY: This
receive and file will record one agreement with the Town of Jupiter and
one agreement with the Village of Palm Springs.
Both agreements provide for reimbursement of utility adjustment costs to
Palm Beach County, with the Town of Jupiter providing a
$11,520 reimbursement and the Village of Palm Springs providing a $93,075
reimbursement. Both agreements were executed by the Deputy
County Engineer under delegated authority issued on September 19, 2011 by the
County Administrator as authorized by the Board of County Commissioners on
September 13, 2011, R2011-1292.
These items are being submitted in accordance
with Countywide PPM No. CW-0-051 to allow the Clerk’s Office
to note and receive the executed agreements. Districts
1 & 3 (MRE)
11. Staff recommends motion to receive and file: Supplement No. 14 to project agreement dated September 12, 2006, R2006-1863, with HSQ Group, Inc. (HSQ), in a total amount of $9,949.32 for professional services for the Central Boulevard from C-18 Canal to Church Street project. SUMMARY: Filing of this Supplement No. 14 will provide notification to the Board of County Commissioners, required under PPM CW-F-050 that the cumulative value of the additional services exceeds $250,000. Supplement No. 14, with a total amount of $9,949.32, resulted in a cumulative value of $256,792.93, for approved additional services. HSQ is under contract as Palm Beach County’s project consultant. District 1 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to receive and file: the official transcript for the closing of the $6,410,000 Palm Beach County, Florida Industrial Development Revenue Bonds (Maltz Jupiter Theatre, Inc. Project), Series 2014 (the “Bonds”). SUMMARY: The official transcript for the Bonds has been provided. This transcript should now be received and filed in the Minutes Department. Countywide (PFK)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve:
A) a Second Amendment to the agreement with JLA
Geosciences, Inc. (R2011-1741) for consulting and professional services; and
B) a Second Amendment to the agreement with
Kimley-Horn and Associates, Inc. (R2011-1742) for consulting and professional
services.
SUMMARY: Palm Beach County Water Utilities (WUD) has
requested that the Palm Beach County Attorney’s Office (Attorneys) conduct a
review of potential litigation issues relating to the design and construction
of the wells and water treatment plant serving the Glades area. Geotechnical and engineering assistance is
required to complete the Attorneys’ review.
The initial agreements with geotechnical consultants, JLA Geosciences,
Inc., and engineering consultants, Kimley-Horn and Associates, Inc., authorized
consulting and professional services for a one year
period, with a not-to-exceed amount of $49,500 for JLA Geosciences, Inc., and a
not-to-exceed amount of $100,000 for Kimley-Horn and Associates, Inc. The first one-year period expired on
September 7, 2012. The parties
executed a First Amendment to the agreements (R2012-1899), extending the
consulting period to September 7, 2013.
However, the consultants have performed work after September 7,
2013. The proposed Second Amendments
would extend the agreements for an additional year, so that the consultants can be paid for work already performed. The proposed Second
Amendment to the agreement with JLA Geosciences, Inc. also increases the
not-to-exceed amount by $10,000, from $49,500 to $59,500, to cover outstanding
invoices. No increase to the
not-to-exceed amount for Kimley-Horn and Associates, Inc. is proposed. Countywide
(ATP)
3. Staff recommends
motion to approve: Amendment
No. 4 to the Agreement (R2010-1222) with the law firm of Squire Patton Boggs (US)
LLP (formerly known as Squire Sanders (US) LLP) (Attorney), to provide
disclosure counsel and related legal services for the not-to-exceed $110
Million Public Improvement Revenue Refunding Bonds, Series 2014 (the “Bonds”). SUMMARY:
The Attorney was selected as disclosure counsel for the Bonds by the
County Financing Committee at the June 5, 2014 meeting. This Amendment
No. 4 confirms that selection by amending the existing Agreement for disclosure
counsel and related legal services between Palm Beach County and the
Attorney. Payment for the legal services
in connection with the bond issuance will be as provided for in the Agreement.
This Amendment also revises provisions in the Agreement to comply with current
County policies. Countywide (PFK)
4. Staff recommends
motion to approve: Amendment No. 4 to the Agreement (R2010-1219) with
the law firm of Bryant Miller Olive P.A. (Attorney), to provide bond counsel
and related legal services for the not-to-exceed $110 Million Public
Improvement Revenue Refunding Bonds, Series 2014 (the “Bonds”). SUMMARY: The Attorney was selected as bond counsel for
the Bonds by the County Financing Committee at the June 5, 2014 meeting.
This Amendment No. 4 confirms that selection by amending the Agreement for bond
counsel and related legal services between Palm Beach County and the Attorney. Payment for the legal services in connection
with the bond issuance will be as provided for in the Agreement. This amendment also revises provisions in the
Agreement to comply with current County policies. Countywide (PFK)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. REVISED BACKUP: Staff
recommends motion to approve: Youth and Young
Adult Internship Non-Financial Agreement
No. 1 with Workforce Alliance, Inc. doing business as CareerSource Palm Beach
County (CareerSource), effective upon the execution of the Agreement with no
expiration date to provide work experience opportunities for program
participants. Summary: This Agreement will facilitate the
utilization of youth, ages 18-24 in clerical work assignments in the Farmworker
Career Development Program. The participants will be given
an opportunity to gain meaningful work experience as well as compensation. The
participants will be placed in clerical work
assignments based on their skills, experience, knowledge and abilities. The
County will have supervisory responsibility; however, participants will not be
employees of the County. For purposes of workers’ compensation coverage,
participants will be considered employees of the State
and CareerSource will be responsible for providing support services and
compensation. No County funds are
required. (Farmworker Career Development
Program) Countywide (TKF)
2. Staff recommends
motion to:
A) ratify the Mayor’s signature on the 2014 Florida
Department of Children and Families
(DCF) Standard Contract No. IPZ02, for the period May 1, 2014, through June 30,
2015, in an amount not to exceed $26,431, for emergency homeless prevention
services for families; and
B) approve downward Budget Amendment of $13,569 in the
General Fund, Human Services Division, to align the budget to the actual grant
award.
Summary: In 2013, the
Florida Legislature created the Homeless Prevention Grant program to provide
emergency financial assistance to families facing the loss of their housing due
to a financial crisis. The funding is sub-contracted
with Adopt-A-Family of the Palm Beaches, Inc. (AAF) to provide financial
assistance, such as rental and utility assistance for 12 families. All funds must be expended no later than June 30, 2014. A report is
due to DCF providing one year follow up. DCF is
requiring the grant be in force through the end of the reporting period. The
Homeless Prevention Grant agreement was received on
April 16, 2014 with instructions to return it no later than May 1, 2014. The
emergency signature process was utilized because there
was insufficient time to submit the application by the due date. The budget
amendment is aligning the County budget with the actual grant award. No County match funds are required. (Human Services) Countywide (TKF)
3. Staff recommends
motion to approve:
A) Amendment
to the 2012 Continuum of Care Program Grant Agreement for Shelter Plus Care No. FL0281L4D051205 (R2014-0096), for a total of
$389,103 for the period ending May 22, 2014; and
B) downward Budget Amendment of $457 in the Housing and Urban
Development (HUD) Fund to align the budget to the actual grant award.
Summary: This
Amendment is necessary to incorporate the Fair Market Rent (FMR) rate change. On
January 14, 2014, HUD entered into an agreement with the County to provide
rental assistance for permanent housing beds.
The grant was based on the FMR rate. HUD
obligated funding totaling $389,560 at the time the agreement was signed. The FMR
rate has since decreased, thereby reducing HUD's funding obligation to
$389,103. Notice of the reduced grant award was received
on April 29, 2014. Based on a review of expenditures and encumbrances,
sufficient funds will remain at the end of the grant period; no repayment will
be required. (Human Services) Countywide (TKF)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
B) delegate signature authority to the County Administrator, or his designee, to sign the Summer Food Service Program for Children Authorized Signature Form with DACS for program operation and claim submission; and
C) delegate authority to the County Administrator, or his designee to submit applications, reimbursement requests, and reports to DACS electronically.
Summary: DACS
requires an updated Summer Food Service Program for Children (SFSP) Authorized
Signature Form. The form authorizes County staff to submit the
SFSP Application, required forms and submit claims for reimbursement. On August 14, 2012, the BCC ratified the
Chair’s signature on permanent
Agreement (R2012-1089) between the Sponsor and DACS for SFSP. A new
annual grant submission and agreement is no longer required. The only document required annually is the
Authorized Signature Form. (Human
Services) Countywide (TKF)
5. Staff recommends
motion to approve: Amendment No. 2 to Contract for Provision of Financial Assistance with
For the Children, Inc. (R2013-0029), for the period October 1, 2013, through
September 30, 2014, to modify the definition of the unit of service in the
Outreach Services program. Summary: For the Children, Inc. needs to modify their
unit of service definition in the Outreach Services
program as it was inaccurately defined in the most recent contract extension.
No additional funds are required for this contract modification. Countywide
(TKF)
6. Staff recommends
motion to approve: Use
of Provider and County Agreement with MorseLife Home Care, Inc. for the period
July 7, 2014, through July 6, 2015, in an amount not to exceed $36,962 to
provide a kosher congregate meal site and kosher meals for the elderly. Summary: The Division of Senior Services (DOSS)
receives federal funds from the Older Americans Act (OAA) to provide congregate
meal sites. This Agreement enables DOSS
to operate a kosher congregate meal site for the elderly at
no cost to the County for space or energy usage. MorseLife Home Care, Inc.
provides kosher meals at the site to elderly participants who require a kosher
meal. DOSS will reimburse MorseLife Home
Care, Inc. for cost per meal. The estimated annual cost of the meals will be
$36,962 funded under the OAA grant in the amount of $33,266 (90%) and $3,696 (10%) in County
match. This is the fifth year that we
will contract with this agency for this service. Sufficient funding is included in the current
and proposed FY2015 budget to meet County obligations. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: the incorporation of recently acquired
parcels into the respective Airport Master Plan for purposes of applying the
provisions of the Airport Zoning Overlay (AZO) of the Unified Land Development
Code (ULDC). The following parcels have recently been acquired by the Department of Airports:
Palm Beach International Airport (PBIA):
·
Parcel W-327: 658 North Military Trail/PCN No.: a portion
of 00-42-43-36-05-000-0010, formerly PCN No.: 00-42-43-36-06-002-0430/Approved
by the Board on August 17, 2010 (R2010-1326)
·
Parcel W-325: 600 North Military Trail (a/k/a 985 Morrison
Field Road) PCN No.: a portion of
00-42-43-36-05-000-0010/Approved by the Board on August 17, 2010 (R2010-1328)
·
Parcel W-314: 325-327 North Military Trail/PCN No.:
00-42-43-36-12-000-0130/Approved by the Board on September 13, 2011
(R2011-1441)
·
Parcel W-328: 161 North Military Trail/PCN No.: a portion
of 00-42-43-36-08-000-0512/Approved by the Board on January 11, 2011
(R2011-0030)
·
Parcel
W-302/303/304: Bertram Street/PCN
No.: 00-42-43-36-08-000-0901 and 00-42-43-36-08-000-0891 /Approved by the Board
on January 15, 2013 (R2013-0111)
·
Parcel S-5: 80 East Grace Drive/PCN No.:
00-43-44-05-05-000-0181 / 2801 Homewood Drive/PCN No.: 00-43-44-05-00-003-0030
and 2805 Homewood Drive/PCN No.: 00-43-44-05-00-003-0040/Approved by the Board
on February 4, 2014 (R2014-0184)
Palm Beach County Glades Airport (PHK):
·
Parcel P-5: Bacom Point
Road/PCN No.: 00-36-42-26-02-000-0741/Approved by the Board on March 9, 2010
(R2010-0332)
·
Parcel P-2: 3596 Airport
Road/PCN No.: 00-36-42-26-02-000-0743/Approved by the Board on March 1, 2005
(R2005-0453)
SUMMARY: In order for recently-acquired
properties to utilize the AZO provisions of the ULDC, they must be incorporated
into the Airport Master Plans for their respective airport. As such, this action will allow for these parcels to be added. Future updates to each of the Airport Master
Plans will include these parcels. Countywide (AH)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt:
A) Resolution of the Board of County
Commissioners of Palm Beach County, Florida, authorizing the issuance of
General Obligation Refunding Bonds, Series 2014 (Library District Improvement
Project) of Palm Beach County, Florida in the principal amount of not exceeding
$15,000,000 (the “Bonds”); authorizing the defeasance, payment and refunding of
all or a portion of the County’s outstanding $22,335,000 General Obligation
Bonds, Series 2006 (Library District Improvement Project) of which $14,960,000
remains outstanding; providing for the payment of the Bonds from a tax on all
taxable property within the Library District of Palm Beach County; establishing
the maturity schedule for the Bonds; authorizing the County Administrator or
the Debt Manager of the County to publish through electronic means a summary
notice of sale and to receive bids pursuant to a competitive sale of said Bonds
and award the sale of said Bonds to the responsive bidder or bidders offering
the lowest true interest cost to the County which shall not exceed three and
one-half percent (3.50%); approving the execution and delivery of said Bonds;
approving the form of and authorizing the execution and delivery of an Escrow
Deposit Agreement; approving the form of and authorizing the execution and
delivery of a Registrar/ Paying Agent Agreement; approving the preparation and
use of a Summary Notice of Sale, an Official Notice of Bond Sale, a Preliminary
Official Statement and Final Official Statement; authorizing the electronic
dissemination of the Preliminary Official Statement and Official Statement;
making certain covenants and agreements in connection with the Bonds; providing
for the rights of the owners of the Bonds; appointing a Paying Agent and Bond
Registrar; appointing an Escrow Agent; authorizing the registration of the Bonds
pursuant to a book-entry system, providing for an undertaking required under
Rule 15c2-12 of the Securities and Exchange Commission; providing for a repealer and providing an effective date; and
B)
Resolution of the Board of County Commissioners of Palm Beach County,
Florida, authorizing the issuance of General Obligation Refunding Bonds, Series
2014 (Waterfront Access Projects) of Palm Beach County, Florida in the
principal amount of not exceeding $35,000,000 (the “Bonds”); authorizing the
defeasance, payment and refunding of all or a portion of the outstanding
$30,000,000 General Obligation Bonds (Waterfront Access Projects), Series 2006
of which $34,885,000 remains outstanding; providing for the payment of the
Bonds from a tax on all taxable property within Palm Beach County; establishing
the maturity schedule for the Bonds; authorizing the County Administrator or
the Debt Manager of the County to publish through electronic means a summary
notice of sale and to receive bids pursuant to a competitive sale of said Bonds
and award the sale of said Bonds to the responsive bidder or bidders offering
the lowest true interest cost to the County which shall not exceed three and
one-half percent (3.50%); approving the execution and delivery of said Bonds; approving
the form of and authorizing the execution and delivery of an Escrow Deposit
Agreement; approving the form of and authorizing the execution and delivery of
a Registrar/ Paying Agent Agreement; approving the preparation and use of a
Summary Notice of Sale, an Official Notice of Bond Sale, a Preliminary Official
Statement and Final Official Statement; authorizing the electronic
dissemination of the Preliminary Official Statement and Official Statement;
making certain covenants and agreements in connection with the Bonds; providing
for the rights of the owners of the Bonds; appointing a Paying Agent and Bond
Registrar; appointing an Escrow Agent; authorizing the registration of the
Bonds pursuant to a book-entry system, providing for an undertaking required
under Rule 15c2-12 of the Securities and Exchange Commission; providing for a repealer and providing an effective date.
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
1. CONTINUED
SUMMARY: On June 9, 2014, the County Financing
Committee approved the advance refunding of all or a portion of the County’s
General Obligation Bonds, Series 2006 (Library District Improvement Project),
and all or a portion of the General Obligation Bonds, Series 2006 (Waterfront
Access Projects), based on a target net present value savings for each series
of not less than 5.00%. Each series
of general obligation refunding bonds will be sold on
a competitive basis. Upon the adoption
of the resolutions, staff and the County’s financial advisor will monitor
market conditions. In a competitive
sale, the County will, when conditions appear favorable, mail
its preliminary official statements and official notices of bond sale. A summary notice of bond sale will also be published in The Bond Buyer. Such notice will set a date and time the bids
by underwriters will be due which, under Florida law, must be at least ten days
from the date of the notice. The County
will reserve the right to change the bid due date or cancel the sale, if market
conditions should deteriorate. The
resolutions provide that the Bonds of each series must have a true interest
cost of not more than three and one half percent (3.50%) and
each must achieve a net present value savings of at least five percent (5.00%)
and thus no bid will be awarded unless such parameters are met. Upon closing, a portion of the proceeds of
the Bonds of each series will be placed in escrow and
invested in U.S. Securities. This
escrow will be used to secure the refunded bonds and the
new bonds will be secured by the previously voter-approved ad valorem taxes. Countywide
(PFK)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. REVISED
TITLE: Staff
recommends motions to adopt:
A) Resolution of the
Board of County Commissioners of Palm Beach County, Florida authorizing the
issuance of Public Improvement Revenue Refunding Bonds, Series 2014A and the
issuance of Taxable Public Improvement Revenue Refunding Bonds, Series 2014B in
the aggregate principal amount of not exceeding $90,000,000 to refund certain
outstanding obligations of the issuer; providing a method for determining the
actual principal amounts, interest rates, maturity schedule and redemption
provisions for such Series 2014 bonds; making certain provisions and delegating
certain responsibilities with respect to the notice, binding bidding
and sale of the Series 2014 bonds to the Mayor and the County Administrator;
appointing an escrow agent, paying agent and registrar for the Series 2014
bonds; approving the forms of the Summary Notice of Sale, Official Notice of
Sale and Official Bid Form with respect to such Series 2014 bonds; authorizing
the preparation and use of a preliminary official statement and authorizing the
execution and delivery of a final official statement, escrow deposit agreement
and paying agent and registrar agreement; providing for compliance with certain
continuing disclosure requirements; providing certain other details with
respect thereto; and providing for an effective date; and
B) Resolution of the
Board of County Commissioners of Palm Beach County, Florida authorizing the
issuance of Public Improvement Revenue Refunding Bonds, Series 2014A and
Taxable Public Improvement Revenue Refunding Bonds, Series 2014B in the
aggregate principal amount of not to exceed $16,000,000, to refund certain
outstanding obligations of the issuer; delegating certain responsibilities with
respect to the sale of the Series 2014 bonds to the Mayor; authorizing the
execution and delivery of an escrow deposit agreement; providing for the
rights, securities and remedies for the owner of the Series 2014 bonds; making
certain covenants and agreements in connection therewith; providing for
severability; and providing an effective date.
SUMMARY: The County’s Financial
Advisors have reviewed the Public Improvement Revenue Bonds (Parking
Expansion), Series 2006, Public Improvement Revenue Bonds (Biomedical), Series
2007A, and Taxable Public Improvement Revenue Bonds (Biomedical), Series 2007B
and determined that these bonds can be partially refunded
for a savings. These will be refunded at a not to
exceed amount of $16 million on a competitive basis. In addition to these three
series, the Public Improvement Revenue Bond (Biomedical), Series 2007C meets
the 5% savings and may be eligible for refunding. If market conditions continue
as is, the Series 2007C will be included in the refunding with a not to exceed
amount of $90million. Countywide (PFK)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 5 to the contract
with Hedrick Brothers Construction Co., Inc. (R2012-1000) for construction
management services for various capital projects. SUMMARY: Hedrick Brothers Construction
was selected to provide construction management services associated with
various capital projects which may include new
construction, additions, or renovations up to $10,000,000. Work is authorized through individual work orders when required
during the term of this contract. The Board approved a continuing contract on
July 10, 2012, and the original contract provided for an initial two year term with one two-year renewal option. This Amendment would provide for services
during the first and only renewal period. Hedrick Brothers Construction has a
Small Business Enterprise (SBE) participation goal of 15%. During the first two years of the contract,
Hedrick Brothers Construction has achieved 8.4% participation. Hedrick Brothers Construction has not
achieved the SBE goal as the SBE bids which were received
were outside the limit which justifies bypassing the low bidder. Hedrick Brothers Construction is currently
bidding the Palm Beach Sheriff’s Office District 4 Renovation project and
expects the SBE participation on that project to raise the total SBE on the
entire contract to over 15%. Hedrick
Brothers Construction is a Palm Beach County company and are
using local subcontractors for the work. (Capital Improvements Division) Countywide (JM)
2. Staff recommends
motion to approve: Amendment No. 4 to
the contract with The Weitz Company, LLC (R2012-1001) for construction
management services for various capital projects. SUMMARY: The Weitz Company, LLC was selected to
provide construction management services associated with various capital projects which may include new construction, additions, or
renovations up to $10,000,000. Work is authorized
through individual work orders when required during the term of this contract.
The Board approved a continuing contract on July 10, 2012, and the original
contract provided for an initial two year term with
one two-year renewal option. This
Amendment would provide for services during the first and only renewal period.
The Weitz Company, LLC has a Small Business Enterprise (SBE) participation goal
of 15%. During the first two years of the contract, The Weitz Company, LLC has
achieved 21% participation. The Weitz
Company, LLC is a Palm Beach County company and are
using local subcontractors for the work. (Capital Improvements Division) Countywide
(JM)
3. Staff recommends
motion to approve: Amendment No. 7 to
the contract with Trillium Construction, Inc. (R2012-1002) for construction
management services for various capital projects. SUMMARY: Trillium Construction, Inc. was selected to
provide construction management services associated with various capital projects which may include new construction, additions, or
renovations up to $10,000,000. Work is authorized
through individual work orders when required during the term of this contract.
The Board approved a continuing contract on July 10, 2012, and the original
contract provided for an initial two year term with
one two-year renewal option. This
Amendment would provide for services during the first and only renewal period.
Trillium Construction Inc. has a Small Business Enterprise (SBE) participation
goal of 15%. During the first two years
of the contract, Trillium Construction, Inc. has achieved 28% participation. Trillium Construction, Inc. is a Palm Beach
County company and are using local subcontractors for
the work. (Capital Improvements Division) Countywide (JM)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Contracts with two firms to provide property
development evaluation services on a continuing contract basis for Facilities
Development & Operations Department:
A) Cotleur & Hearing, Inc.; and
B) Urban Design Studio, LLC d/b/a/ Urban Design
Kilday Studios.
SUMMARY: The purpose of these contracts is to have consultants under contract to
provide planning, engineering, and related consulting services for Facilities
Development & Operations Department efforts to evaluate the developability
of existing County-owned property and potential land acquisition parcels. Consultant fees will be
negotiated on an individual basis for the identified project. The contracts will be for two years with two
one-year renewal options. The Small
Business Enterprise (SBE) participation for these contracts is 15%. Cotleur
& Hearing, Inc. anticipates 95% SBE participation. Urban Design Kilday Studios anticipates 98%
SBE participation. Both firms and all
subconsultants are local. (Capital Improvements Division) Countywide
(JM)
5. Staff recommends
motion to approve: Contract with Hedrick Brothers Construction
Company, Inc. in the amount of $90,579 for pre-construction services for the
Airport Center Building 2 Renovations project.
SUMMARY: This project
involves renovations to Airport Center Building 2 to accommodate the offices of
the Tourist Development Council (TDC) and related agencies as well as several
divisions of the Palm Beach Sheriff’s Office (PBSO) Administrative Services
including Central Records, Human Resources, Risk Management and Graphics. This Contract only authorizes pre-construction
services. Once the construction
documents are completed, the construction manager will bid the work and provide
a guaranteed maximum price to the County. The construction budget is
$11,600,000. The source of funding for
this project is bed tax for TDC and ad valorem for PBSO. The Small Business Enterprise (SBE)
participation for this Contract is 15%. Hedrick Brothers will provide 17.5% in
this pre-construction phase. Hedrick Brothers Construction Company, Inc. is a Palm
Beach County firm. (Capital Improvements Division) District 2 (JM)
6. Staff recommends
motion to approve: Contract with The Weitz Company, LLC in the
amount of $120,000 for pre-construction services for the Convention Center
Parking Garage project. SUMMARY: This project consists of the construction of
a new Convention Center Parking Garage with approximately 2,740 spaces. This Contract
only authorizes pre-construction services. Once the construction documents are
completed, the construction manager will bid the work and provide a guaranteed
maximum price to the County. The garage
project is proceeding at this time in order to coordinate with adjacent hotel
construction and the loss of surface parking where the hotel will
be constructed. Approval to proceed with the project as well as
establishment of the design services budget ($2,000,000) was
approved by the Board at the November 19, 2013 meeting. The remainder of
the project is estimated at $58,400,000 and will be
financed through a bond to be issued in early 2015 using bed taxes to pay the
future debt service. The Small Business
Enterprise (SBE) participation for this contract is 15%. The Weitz Company, LLC will provide 34.7% in
this pre-construction phase. The Weitz Company, LLC is a Palm Beach County firm and is using
Palm Beach County firms as subconsultants. (Capital Improvements
Division) District 7 (JM)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: Amendment No. 5 to two Job
Order Contracts (JOC):
A) All-Site Construction, Inc. (R2010-0751), North, SBE/Local, 77% SBE
participation to date; and
B) Robling Architecture Construction, Inc.
(R2010-0802), South, SBE/Local, 55% SBE participation to date.
SUMMARY: Amendments No. 5 extends the term
of two Job Order Contracts (JOC) for one year. The contractors will continue to perform as
an annual general contractor for implementation of maintenance and capital
projects. The Job Order Contract is an
indefinite-quantity, fixed unit price contract.
The Board approved annual contracts on May 18, 2010, which provided for
an initial one year term with four one-year renewal
options. Amendment No. 5 provides for
services during the fourth and final renewal period. Also,
Robling’s Amendment No. 5 increases the cumulative capacity by $1,000,000 to
match the capacity of All-Site. Since
the last renewal, the number of active JOC contractors has dropped from five to
two, thereby necessitating the increased capacity to Robling. During the last term of this contract,
Robling was awarded $801,000 of work orders and
All-Site was awarded $250,000. Pursuant
to the terms and conditions of the JOC Contract to account for escalation, the
contractor’s initial adjustment factors from May 18, 2010 will
be modified by 11.29%. The Small
Business Enterprise (SBE) goal established for this contract is 15%
participation. The total cumulative SBE participation to date is 39.7%.
(Capital Improvements Division) Countywide (JM)
8. Staff recommends
motion to approve: a Second Amendment to
Interlocal Agreement (R2004-0568) with the School Board of Palm Beach County,
Florida (School Board) to retroactively extend the term of the Agreement for
interoperable radio communications through the countywide common talk groups of
the County’s 800 MHz Radio System to March 30, 2019. SUMMARY: The Agreement which
provides the terms and conditions under which the School Board can
program into its radios and utilize the countywide common talk groups for
certain inter-agency communications expired on March 29, 2014. The Agreement provided for three renewal
options, each for a period of five years.
The School Board has approved a retroactive renewal to extend the term
of the Agreement to March 30, 2019 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 School Board is required to pay all costs associated with the School
Board’s subscriber units and to comply with the established operating
procedures for the System. The Agreement may be terminated by either party, with or without
cause. This Second Amendment renews the term, updates the notice
provisions, updates the attachments, provides for disclosure of County Code
Section 2-421 - 2-440 establishing the Office of the Inspector General, and
School Board Policy 1.092 establishing the School Board Inspector General, and
provides for disclosure of County Resolution 92-13 prohibiting
discrimination. Other than the changes
set forth herein, all other terms remain the same. (ESS) Countywide (JM)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: an Interlocal
Agreement with the State of Florida, State Attorney’s Office, 15th
Judicial Circuit (State Attorney) allowing for direct access to the County’s
800 MHz Public Safety Radio System. SUMMARY: This Interlocal Agreement (Agreement)
provides the terms and conditions under which the State Attorney can directly
access the County’s 800 MHz Public Safety Radio System (System). The terms of
this Agreement are standard and have been offered to
all municipalities and local branches of State/Federal agencies where
connection through an established municipal hub is not technically feasible.
The State Attorney’s Office has been participating on the County’s System since
2001. The Agreement requires that the State Attorney pay a one-time $2,089/unit
access or capacity charge as well as annual fees of $211.42/unit towards the
renewal and replacement fund and $154.00/unit towards maintenance and operation
of the System infrastructure. The annual fees are consistent with those being charged to the County departments. The State Attorney
is required to pay all costs associated with State Attorney’s subscriber units
and to comply with the established operating procedures for the System. The
State Attorney will assign representatives to participate in user committee
meetings to discuss System maintenance and administration issues. The term of
the Agreement is for five years and there are two renewal options, each for a
term of four years. The Agreement may be terminated by either party, with or
without cause on October 1st of any year,
with a minimum of six months notice. (ESS)
Countywide (JM)
10. Staff recommends motion
to approve: a First Amendment to Interlocal
Agreement (R2011-0736) (Agreement) with the Village of Palm Springs (Village)
to extend the term of the Agreement for radio maintenance services to May 17,
2017. SUMMARY: The Agreement, which provides the terms and
conditions under which the Village receives radio equipment
maintenance services from the County, expired on May 17, 2014. The Agreement provides for one renewal option
for a period of three years. The Village
has approved a renewal to retroactively extend the
term of the Agreement to May 17, 2017 and the renewal now requires Board
approval. The terms of the Agreement are
standard and the maintenance rates are consistent with those being
charged to County Departments.
Services will be provided on an as-needed basis and
billed to the Village. In the
event that the County must out-source the labor, a separate labor rate is provided to cover the cost of the contract labor. The rates may be adjusted annually with
notification by June 1 (effective the following October 1st)
at the County’s sole discretion, but in no event shall the Village’s fee
schedule exceed the fee schedule applied to County departments. The Agreement may be
terminated by either party, with or without cause, with a minimum of
three months notice. This First Amendment renews the term, updates the
attachment, provides for disclosure of County Code Section 2-421 - 2-440
establishing the Office of the Inspector General and County Resolution 92-13
prohibiting discrimination, and provides for the exclusion of third party
beneficiaries. Other than the changes
set forth herein, all other terms remain the same. (ESS) Countywide (JM)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: an Interlocal
Agreement (Agreement) with the Town of Palm Beach Shores (Participant) for the
provision of radio maintenance services.
SUMMARY: The Agreement
with the Participant provides for the provision of radio
equipment maintenance services to be provided to the Participant by the
Facilities Development and Operations and Electronic Services & Security
Division (FDO/ESS). The services are to be charged on
an hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime
work. In the event that the County must
outsource the labor, a separate labor rate is provided. The maintenance costs for future years shall be determined by the County’s agreement with Motorola.
The rates may be adjusted annually with notification by June 1 annually
(effective the following October 1) at the County’s sole discretion, but in no
event shall the Participant’s fee schedule exceed the fee schedule applied to County
departments. The term of the Agreement
is for a period of three years with one renewal option for a term of four
years. The Agreement may be terminated by either
party, with or without cause with a minimum of ninety days notice. (ESS) District 2 (JM)
12. Staff recommends
motion to approve: a First Amendment to Interlocal Agreement
(R2009-1173) (Agreement) with the City of Coconut Creek, Florida (City) to
extend the term of the Agreement for interoperable radio communications through
the countywide common talk groups of the County’s 800 MHz Radio System to July
20, 2019. SUMMARY: The Agreement which
provides the terms and conditions under which the City can program into
its radios and utilize the countywide common talk groups for certain
inter-agency communications expires on July 20, 2014. The Agreement provided
for three renewal options, each for a period of five years. The City has approved a renewal to extend the
term of the Agreement to July 20, 2019 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 City
is required to pay all costs associated with the City’s subscriber units and to
comply with the established operating procedures for the System. The Agreement may be
terminated by either party, with or without cause. This First Amendment renews the term, updates
the notice provisions, updates the attachments, provides for disclosure of
County Code Section 2-421 - 2-440 establishing the Office of the Inspector
General, and provides for the exclusion of third party beneficiaries. Other than the changes set forth herein, all
other terms remain the same. (ESS) Countywide (JM)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
13. Staff recommends
motion to:
A) approve a Notice of Cancellation of Lease Agreement with City of Delray Beach
dated April 15, 2008 (R2008-0632) providing for the lease of approximately 3.64
acres of City-owned property, partially within Catherine Strong Park for the
construction of a permanent Head Start facility and any other government
related improvements;
B) approve a Termination of Memorandum of Agreement with
the City of Delray; and
C) authorize the County Administrator or his designee to
prepare an alternate redevelopment plan for the South County Administrative
Complex.
SUMMARY: On
April 15, 2008, the Board approved a Lease Agreement (Lease) with the City of
Delray Beach (City) for land partially within Catherine Strong Park: 1) for the
construction of a permanent Head Start facility in the same general location as
temporary modular units that formerly housed Head Start; and 2) to make
additional land available within the South County Administrative Complex for
redevelopment. However, last year the Board entered into a contract
with the School District as a delegate agency for the relocation of the Head
Start operations from the temporary location within Catherine Strong
Park to an alternate permanent location.
Upon that relocation, the modular units were donated
to the City and the City was advised that we would address the future of the
Lease by April 2014, at which time the Lease requires that the County and the
City meet to discuss the County’s construction timeline. Staff initiated that dialog with the City in
January 2014, indicating that unmet County needs (unforeseen in 2008) have
arisen but are not appropriate for placement on this Lease, but instead are
appropriate for placement at the South County Administrative Complex. As such,
County Staff recommends that: 1) this Lease be terminated; and 2) Staff
develop, after further coordination with the City, an alternate redevelopment
plan for the South County Administrative Complex to ensure that the County’s
unmet needs are fully met at the Complex or on alternate land within the City. (PREM)
Districts 4, 5 & 7 (HJF)
14. Staff recommends
motion to approve: a Termination of Option Agreement with
NewKita Group, Inc. (NewKita) (R2012-1038) providing for the donation of an
11.8 acre County-owned parcel of land adjacent to the Palm Glades Apartment
complex in unincorporated Belle Glade. SUMMARY: On July 10, 2012, the Board approved an Option
Agreement with NewKita for the donation of an 11.8 acre
parcel of land located adjacent to the Palm Glades Apartment Complex in
unincorporated Belle Glade (the “Parcel”) for the development of a multi-use
recreational and community center complex (Complex). The Option Agreement
required County to execute a Purchase and Sale Agreement for the Parcel when
NewKita satisfied the established fund raising milestones designed to
demonstrate the ability to develop the Complex as proposed. NewKita is unable to meet
the funding milestones and has requested a termination of the Option Agreement
and Staff concurs with the request. The Termination of Option Agreement
releases the parties from further obligations under the Option Agreement. (PREM)
District 6 (HJF)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
15. Staff recommends
motion to approve: a Declaration
of Restrictive Covenant on a one acre waterfront
parcel located within Bert Winters Park. SUMMARY:
Bert Winters Park is located on the west side of Ellison Wilson Road
just south of Donald Ross Road in Juno Beach.
In 2013, the County was awarded a $250,000 Florida Inland
Navigation District (FIND) grant to reimburse the County 25% of the cost to
acquire the one acre AMIKids, Inc. parcel (Property) located on the
Intracoastal Waterway within the limits of Bert Winters Park. The County completed the acquisition in April
2013. The FIND grant contract requires
the Property to be improved as a public boating access
facility within seven years of land acquisition and requires dedication of the
property for public use for a minimum period of 25 years after completion of
construction. The FIND grant contract
requires recordation of this Declaration to provide notice of the foregoing
restrictions. (PREM) District 1 (HJF)
16. Staff recommends
motion to approve:
Lease Agreement (Lease) with the Florida Inland Navigation District
of the State of Florida (FIND) for the construction, use and maintenance of a
public boat launching ramp and fishing pier on FIND’s property to support the
development of the County’s Waterway Park located in unincorporated
Jupiter. SUMMARY: The County is
in the process of developing its Waterway Park property located on the
Intracoastal Waterway, funded in part by a matching grant through FIND approved
by the Board on December 3, 2013 (R2013-1742).
Waterway Park is located on East Indiantown Road, west of and adjacent
to the Intracoastal Waterway, in unincorporated Jupiter. The Lease area consists of an approximately
8,000 square foot strip of land running perpendicular to the South Right of Way
Line of State Road No. 706 (Indiantown Road) and east of and adjacent to the
eastern limits of the Park property along the Intracoastal Waterway. The term of the Lease will commence on August
1, 2014, and extend for a period of 30 years.
FIND will execute the Lease after Board of County Commissioners
approval. The Lease allows the County to
construct, use and maintain a public boat launching
ramp and a fishing pier on submerged lands owned by FIND and requires an annual
lease fee of $1 for the term of the Lease.
Lease fees will be paid by the Parks and Recreation
Department under annual operating expenses for Waterway Park. (PREM) District
1 (HJF)
17. Staff recommends
motion to:
A) approve a standard form Temporary Construction
Easement; and
B) authorize the Director of Facilities Development and
Operations to sign and administer the Temporary Construction Easement.
SUMMARY: On
October 22, 2002, the Board adopted Ordinance 2002-067, the Palm Beach County
Real Property Acquisition, Disposition and Leasing Ordinance (PREM Ordinance)
which authorized the Director of the Facilities Development and Operations
Department (FDO) or his or her designee to execute, on behalf of the Board, approved
standard form limited duration easements for a term which is less than two
years. This form of Temporary
Construction Easement establishes the standard terms and conditions under which
an individual or corporation may use County owned property for construction
purposes. The delegated authority is expanded to
include modifications to the insurance/indemnity provisions with the approval
of Risk Management and the County Attorney’s Office. Based on the type of
project, if required, special conditions will be added
as it relates to the purpose/use of the County property. (PREM) Countywide
(HJF)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to receive and file: four Contractor
Enrollment Agreements with the following municipalities:
A) City of Boynton Beach;
B) City of Greenacres;
C) Town of Cloud Lake; and
D) Village of Palm Springs.
SUMMARY: On August 13, 2013, the Board of County Commissioners approved Resolution
2013-1063 creating a contractor
enrollment program whereby participating municipalities within the County can
utilize the construction contractor information obtained by the County. The
Interlocal Agreement sets forth the terms and conditions of the program. This program benefits local construction
contractors by allowing them to do business with all participating
jurisdictions after enrolling with the County. Countywide (SF)
2. Staff recommends
motion to approve: reappointment of three members to the Building
Code Advisory Board:
NOMINEE SEAT REQUIREMENT
NOMINATED BY TERM
Gary Kozan 8 Contractor Construction
Industry 7/1/2014 – 6/30/2017
Management
Council
Howarth Lewis 12 Registered Palm Beach Chapter
Architect
of American Institute of 7/1/2014
– 6/30/2017
Architects
Gregory Miller
16 Contractor Construction Industry 7/1/2014 – 6/30/2017
Management Council
SUMMARY: The
Building Code Advisory Board was established by a Special Act
of the Florida Legislature in 1974, and amended in 2001. The term of office for Board members is three
years with no limit to the number of terms a member may serve. The Construction
Industry Management Council has renominated Gary Kozan and Gregory Miller for a
term of three years. The Palm Beach Chapter of American Institute of Architects
has renominated Howarth Lewis for a term of three years. The
Board is comprised of sixteen members: seven Building Officials, one from each
commission election district appointed from nominees submitted by the Building
Officials Association of Palm Beach County; seven members appointed from
nominees submitted by the Construction Industry Management Council of Palm
Beach County; one registered architect appointed from nominees submitted by the
Palm Beach Chapter of the American Institute of Architects; and one
professional engineer appointed from nominees submitted by the Palm Beach
Chapter of the Florida Engineering Society. Countywide (SF) (PZB)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve
Interlocal Agreement
(Agreement) with the Solid Waste Authority (SWA) for the future procurement of
fill material from the County; and
B) terminate Amended and Restated Interlocal Agreement
(AR Agreement, R2009-0575) with the SWA to allow for the harvesting and removal
of fill within a 230 acre parcel located south of Indiantown Road, between
Jupiter Farms Road and Riverbend Park (the Property).
SUMMARY: The County approved the purchase of the Property on September 11, 2007 (R2007-1589). Pursuant to a December 4, 2007 Interlocal
Agreement (R2007-2212), SWA contributed $5.5 million at closing in exchange for
the right to harvest up to 2.2 million cubic yards of fill from the
Property. The Property
was jointly acquired by the County and SWA in 2008; full title was
conveyed to the County in 2009 pursuant to the AR Agreement. The County supplied SWA with 200,000 cubic
yards of fill in 2010, thereby reducing its fill obligation to 2 million cubic
yards. SWA now wishes to delay the
County’s delivery of the remaining fill and the County wishes to reduce the
amount of fill excavated from the Property.
The Agreement terminates the AR Agreement, identifies different ways the
County can fulfill its remaining fill obligation to SWA and extends the term of
the agreement to a maximum of 50 years. There is no cost to the County. Countywide
(SF)
2. Staff recommends
motion to:
A) approve a License Agreement (License) with the
State of Florida Department of Transportation (FDOT) for the discharge of
treated stormwater onto Pine Glades Natural Area, subject to all of the terms
and conditions set forth in the License; and
B) authorize
the County Administrator,
or his designee, to sign all future time extensions, task assignments,
certifications, and other forms associated with this License, and necessary
minor amendments that do not substantially change the scope of work, terms or
conditions.
SUMMARY: FDOT is preparing to widen State
Road 710 from two to four lanes from approximately 2500 feet north of
Innovation Drive northward to the Martin County line and on to Indiantown. To widen the road, FDOT must address
stormwater runoff from the widened road.
The County’s Pine Glades Natural Area is immediately adjacent to the State
Road 710 right-of-way for much of the length of the proposed construction in
Palm Beach County. FDOT requests approval
to discharge treated stormwater into wetlands on the Pine Glades Natural Area. The level of stormwater pretreatment
necessary, the flow rate of the discharge, and the location and design of the
discharge structures are stipulated in the conditions
of the proposed License. There is no cost to the County for this
item. District 1 (SF)
3. DELETED
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to:
A) ratify
a Standard Written
Agreement with the Florida Department of Transportation (FDOT) in the amount of
$1,000,000 as compensation for creating 0.396 seagrass credits within the
Fullerton Island Wetlands Restoration Project, expiring 72 months from issuance
of a Notice to Proceed;
B) approve a Budget Amendment of $1,000,000 in the
Environmental Enhancement Fund to recognize the revenues from the Agreement;
and
C) authorize the County Administrator, or his designee,
to sign all future time extensions, task assignments, certifications and other
documents associated with this Agreement and any necessary minor amendments to
those documents that do not significantly change the scope of work or terms and
conditions of this Agreement.
SUMMARY: This Agreement will reimburse Palm Beach County a portion of the costs
for constructing the Fullerton Island Wetlands Restoration Project. FDOT will provide $1,000,000 and receive
0.396 seagrass credits as mitigation for transportation projects planned within
the Loxahatchee River/Lake Worth Lagoon Watershed.
There are no matching requirements. District 1 (SF)
5. Staff recommends
motion to approve:
Amendment Number 2 to the Sea Turtle Monitoring Services Contract
(R2012-0342) with the Loggerhead Marinelife Center (LMC) of Juno Beach,
retroactive to October 1, 2013, modifying the Scope of Work to itemize tasks by
individual survey areas and extend the Contract duration to December 31, 2015. SUMMARY:
Upon execution by both parties, Amendment Number 2 is retroactive to
October 1, 2013 and extends the expiration date of the existing Contract to
December 31, 2015. Extending the
duration of authorized monitoring is required to meet Jupiter/Carlin and
Tequesta/Coral Cove project permit monitoring requirements. The not to exceed
contract price of $744,481.88 will remain unchanged. District 1 (SF)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following original executed Entertainment Contractor Agreements
for community events:
A) BandsRock Entertainment International,
Inc., Classic Rock Therapy concert, Canyon Town Center Amphitheater on April 19, 2014;
B) Simply Tina, LLC, Simply Tina
concert, Sunset Cove Amphitheater on May 10, 2014; and
C) Steven
Vincent Cluthe, Meeting of the Minds concert, Canyon Town Center Amphitheater
on May 17, 2014.
Summary: The Parks and Recreation Department produces
cultural activities to promote the quality of life in the communities we serve. The
Parks and Recreation Department produced three popular cultural events at our
Canyon Town Center and Sunset Cove Amphitheaters. These events were attended
by an estimated 1,350 people and generated positive support and goodwill for
the County. A sponsorship from GL Homes
offset the expenses of the concerts at the Canyon Town Center Amphitheater. In
accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
Receive and File agenda item. The
Entertainment Contractor Agreements have been fully executed
on behalf of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 2008-1109, amended by Resolutions 2010‑0644
and 2014-0168, and are now being submitted to the Board to receive and
file. District 5 (AH)
2. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreement:
Compass Rose Events, Inc., Rexall Sundown
Spring Picnic, Sunset Cove Amphitheater on April 26, 2014.
Summary: In accordance with County
PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by
the initiating Department as a Receive and File agenda item. The
Amphitheater Rental Agreement has been fully executed
on behalf of the Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 2009-0335, amended by Resolutions 2009‑1807,
2012-1715 and 2014-0166, and is now being submitted to the Board to receive and
file. This event helps to offer a
balanced schedule of events which promote the quality
of life in the communities we serve. An
estimated 800 persons attended the event produced under this Amphitheater
Rental Agreement. District 5 (AH)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: the following original executed Sound and Light Production Services
Contractor Agreement:
Blackwood Productions LLC, Simply Tina concert, Sunset Cove Amphitheater
on May 10, 2014.
Summary: In accordance with County
PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by
the initiating Department as a Receive and File agenda item. The
Sound and Light Production Services Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners
(Board) by the County Administrator/Director/Assistant Director of the Parks
and Recreation Department in accordance with Resolution 2009-0592, amended by
Resolutions 2010‑0645 and 2014‑0167, and is now being submitted to
the Board to receive and file. District 5 (AH)
4. Staff recommends
motion to receive and file: the following
original executed Independent Contractor Agreements and First Amendment to
Independent Contractor Agreement received during the month of May:
A) Sally Welsh-Chapela, Water
Fitness Instructor, Aqua Crest Pool for the period May 12, 2014, through
September 30, 2014;
B) Heather Tate-Boldt, Read A
Recipe Instructor, Westgate Recreation Center for the period February 25, 2014,
through May 12, 2014; and
C) Anthony Talton, Vocal
Instructor, Westgate Recreation Center for the period June 26, 2014, through
August 8, 2014.
Summary: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File Agenda Item. These Independent Contractor Agreements have
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by
Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted to
the Board to receive and file. District 7 (AH)
5. Staff recommends
motion to receive and file: the following
original executed Tee Time Advertising and Sales Agreement:
GolfNow, LLC,
County golf courses, for the period March 18, 2014, through March 17, 2015.
SUMMARY: In accordance with County
PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by
the initiating department as a Receive and File agenda item. This Tee Time Advertising and Sales Agreement
has been fully executed on behalf of the Board of County Commissioners (Board)
by the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 2013-1607 and is now being
submitted to the Board to receive and file.
This Agreement helps to sell tee times at non-peak times that would otherwise not be sold. Countywide (AH)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends motion
to approve:
A) Fourth Amendment to the agreement (R2010-1582)
with Friends of the Mounts Botanical Garden, Inc. for funding of a
horticulturist position to assist in the care and maintenance of The Mounts
Botanical Garden of Palm Beach County; and
B) a Budget Amendment in the General Fund (Fund
0001) in the amount of $42,642.
Summary: Friends of the Mounts Botanical Garden, Inc. will provide funding to the
County in amount not to exceed $42,642 ($30,577 for salary and $12,065 for fringe
benefits) to support 65.5% of a horticulturist position beginning July 17, 2014
and ending on July 16, 2015. Palm Beach
County will be funding the remaining $22,454 ($16,104 for salary and $6,350 for
fringe benefits) at a funding level of 34.5% for a total of $65,096. The position will continue to support The
Mounts Botanical Garden of Palm Beach County (Garden). This Amendment also
extends the term one additional year, until July 16, 2015. District 7
(AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file: the following two Contract Amendments
approved on May 8, 2014: 1)
First Contract Amendment -The Lord’s Place for RESTORE reentry services; and 2) First Contract Amendment-The Lord’s
Place for community reentry services. These amendments do not change the
dollar amounts of the original contracts. The amendments rearrange staff
and service dollars within the budgets and update the standard County contract
non-discrimination language. SUMMARY: These documents have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Executive Director of the
Criminal Justice Commission in accordance with Resolutions R2012-0840 and
R2013-1452 and are now being submitted to the Board to receive and
file. The two original contracts (R2014-0312 for $261,378 for the period
of October 1, 2013, through September 30, 2014, and R2014-0313 for $152,034 for
the period of October 1, 2013, through September 30, 2014, were executed on
January 7, 2014 and received and filed by the Board on March 11, 2014 for
reentry services. Countywide (PGE)
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: one original standard Independent Contractor
Agreement with Young Men’s Christian Association of South Palm Beach County,
Inc. Summary: On September 27, 2005, the Board
adopted Resolution Number R2005-1906 authorizing the County Administrator, or
his designee (the Fire Rescue Administrator) to execute standard agreements
with municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention Coalition’s
Learn to Swim Program. Pursuant to Countywide PPM CW-O-051, one standard County
agreement that has been executed by the County Administrator, or his designee
(the Fire Rescue Administrator) is being submitted as a receive and file agenda
item for the Clerk’s Office to note and receive. Countywide (PK)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
2. Staff recommends
motion to approve: an Agreement with the Palm Beach State
College (PBSC) for clinical field experience for Paramedic and Emergency
Medical Technician (EMT) students effective July 13, 2014 for a three-year
period. Summary: This
Agreement allows Palm Beach County Fire Rescue to provide clinical field
experience to Paramedic and EMT students of the PBSC. Paramedic and EMT students will respond with
County paramedics to observe and assist in delivering emergency medical care
under actual emergency conditions. This clinical field experience is a
component of the Paramedic and EMT training required for State certification,
and will enhance the available job pool of qualified personnel. Countywide (SB)
3. Staff recommends
motion to approve: a Memorandum of Agreement with the Children’s
Services Council of Palm Beach County providing the County funding of up to
$50,000 for the Drowning Prevention Coalition for the period October 1, 2014 to
September 30, 2015. Summary: The Drowning Prevention Coalition program is managed by Palm Beach
County Fire Rescue. However, the program is
funded by multiple sources including the Children’s Services Council of
Palm Beach County and the County’s General Fund. This Memorandum of Agreement provides the
terms and conditions of the Children’s Services Council of Palm Beach County’s
agreement to provide funding to the County of up to $50,000 for the Drowning
Prevention Coalition program. The proposed
additional funding of this program for FY 2015 is being provided from the
County’s General Fund in the amount of $154,099. Countywide
(PK)
4. Staff recommends
motion to approve: the Mayor to certify the non-ad valorem
assessment roll for the MSBU (Municipal Service Benefits Unit) for Fire Hydrant
Maintenance and Rental-Riviera Beach and for the MSBU for Fire Hydrant
Maintenance and Rental-Boca Raton. Summary: MSBU’s for fire hydrant maintenance and rental
for Riviera Beach and Boca Raton were established in February 1993, by
Ordinance No. 93-5. The current rates as established by resolutions are $52.86
per parcel for Riviera Beach (R98-1023) and $23 per parcel for Boca Raton
(R2008-0239). Every year the assessment roll must be certified by the Mayor of
the Board and the State Department of Revenue Form DR-408A
must be signed by the Mayor for each MSBU. These forms and the tape of the assessment
rolls must be submitted to the Tax Collector no later
than September 15 of each year. Districts 4, 5
& 7 (SB)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file the
executed Memorandum of Agreement with the City of Miami, a municipal
corporation of the State of Florida, as a fiscal agent for the Miami Urban Area
Security Initiative (UASI) Grant Program 2013 to receive $153,908.48 in
reimbursable grant funding effective May 1, 2014, through March 31, 2015; and
B) approve a Budget Amendment of $153,909 in the Urban Areas Security Initiative
Grant Fund to recognize the grant award.
SUMMARY: This
Agreement provides a means of funding various domestic security activities
within the County using Federal UASI funds through the City of Miami as the
UASI’s fiscal agent. The UASI awarded $153,908.48 to the County, which will be used to fund jurisdictional fire, health, emergency
management and other approved anti-terrorism activities. On May 21, 2013,
the County Administrator or his designee was authorized
to execute all UASI sub-grant contracts on behalf of the Board of County
Commissioners, for the UASI Grant Program in any given year (R2013-0622). No
County matching funds are required. Countywide (PGE)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on
behalf of the Palm Beach County Sheriff’s Office, a Letter of Agreement and
Contract between the Palm Beach County Sheriff’s Office and the University of
South Florida Board of Trustees for the University of South Florida’s Center
for Urban Transportation Research, for the Palm Beach County Sheriff’s Office’s
Pedestrian and Bicycle Safety High Visibility Enforcement Project in the amount
of $75,600, for the period of May 28, 2014, through August 15, 2014; and
B) approve a Budget Amendment of $75,600 increasing the
Sheriff’s Grant Fund.
SUMMARY: On May 28, 2014, the University of South Florida’s Center for Urban Transportation Research awarded a Pedestrian and Bicycle Safety High Visibility Enforcement (HVE) Grant to the Palm Beach County Sheriff’s Office, in the amount of $75,600, to support the Florida Department of Transportation’s Pedestrian and Bicycle Safety Enforcement Campaign. These funds will be used to pay for overtime costs associated with the HVE project. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PE)
JULY 1, 2014
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a pass-through contribution from Massachusetts Mutual Life Insurance Company in the amount of $38,125, which represents reimbursement of a portion of administrative cost paid by Sheriff employees for FY 2013; and
B) approve a Budget Amendment of $38,125 in the Sheriff’s Grant Fund.
SUMMARY: As contracted, Massachusetts Mutual Life Insurance Company is responsible to pay fees incurred in the administration of the Palm Beach County Sheriff’s Office (PBSO) 12-b-1 employee deferred compensation plan. On May 19, 2014, the PBSO received a reimbursement of a portion of the administrative cost paid by employees for FY 2013. Once accepted, the funds will be transferred to the employee welfare organization 501(c)(4). There is no match requirement associated with this award. No additional positions are needed and no County funds are required. Countywide (PGE)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, Grant Modification Notices 10 through 11, with the U.S. Department of Homeland Security Transportation Security Administration (TSA), to provide an additional $52,000 in annual reimbursable funding, for Homeland Security Enforcement at the Palm Beach International Airport; and
B) receive and file Grant Modification Notices 1 through 9, which obligates federal funding; and
C) approve a Budget Amendment of $52,000 in the Sheriff’s Grant Fund.
SUMMARY: The Board of County Commissioners (BOCC) accepted this grant for
$1,252,000 on November 16, 2010 (R2010-1938). On October 2, 2012, the BOCC
accepted a Grant Modification providing $52,500 in additional FY12 funding
(R2012-1440). On June 4, 2013, the BOCC accepted a Grant Modification providing
$52,000 in additional FY13 funding (R2013-0703). Grant Modifications 10 through 11 provides
$52,000 in additional FY14 funding to offset the costs associated with the
salary and benefits of five TSA Canine Teams.
Grant Modifications 1 through 9 do not
impact the award value or time period. The
purpose of this TSA Canine program is to provide enhanced security at the Palm
Beach International Airport, to promptly respond to threats and suspected
threat explosive devices which affect air carrier
operations. There is no match
requirement associated with this award. No additional positions are needed and no additional County funds are required.
Countywide (PGE)
* * * * * * * * * * * *
JULY 1, 2014
A. ADMINISTRATION
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
July 22, 2014, at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, repealing Palm Beach County Code, Chapter
20, Nuisances, Article III, Abatement of Nuisances, codifying Ordinance
No. 90-12, amended by Ordinance Nos. 93-16, 95-64, 97-9 and 2002-023, known as
the “Nuisance Abatement Ordinance” created pursuant to Section 893.138
Florida Statutes, establishing the Nuisance Abatement Board of Palm Beach
County; providing for inclusion in the Code of Laws and Ordinances; and
providing an effective date. SUMMARY: The Nuisance
Abatement Ordinance was enacted in 1990 to
establish the “Nuisance Abatement Board of Palm Beach County” (NAB) to abate
drug-related nuisances occurring on premises throughout the County. The Ordinance was amended
in 1997 to apply only in the unincorporated areas of the County. Since its creation, the NAB has convened less
than five times to hear complaints and evidence regarding “drug-related
nuisances.” The Sheriff does not object to the dissolution of the NAB. Repealing
the Nuisance Abatement Ordinance will not prohibit the County or any citizen
from proceeding against a public nuisance by any other means, including, but
not limited to, seeking injunctive relief under Section 60.05 of the Florida
Statutes. The League of Cities has no opposition to the proposed Ordinance repeal. Countywide
(PGE)
2. Staff recommends motion to approve on preliminary reading and advertise for public hearing on July 22, 2014, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing Palm Beach County Code, Chapter 15, Article III, codifying Ordinance No 90-1, as amended by Ordinance No. 07-042, the Palm Beach County Ordinance for Equal Opportunity to Housing and Places of Public Accommodation; and adopting a new Palm Beach County Ordinance for Equal Opportunity to Housing and Places of Public Accommodation; providing for purpose; providing for definitions; providing for powers and duties of the Director of the Office of Equal Opportunity; providing for filing of complaints; providing for notice of complaint process; providing for determination of reasonable cause; providing for conciliation; providing for enforcement; providing for administrative remedies and other relief; providing for enforcement by private persons; providing for unlawful discriminatory practice in public accommodations and housing; providing for limitations and exceptions; providing for repeal of laws in conflict; providing for savings clause; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: The current Equal Opportunity to Housing and Places of Public Accommodation Ordinance was last amended in 2007. Due to the procedural and substantive changes made to the ordinance with the purpose of bringing it into substantial compliance with the Federal Fair Housing Act and the County’s policy concerning Advisory Boards such as the Fair Housing Board, repealing and replacing the Equal Opportunity to Housing and Places of Public Accommodation Ordinance in its entirety is more efficient than amending it piecemeal. The League of Cities has no opposition to the proposed ordinance. The Fair Housing Board supports the proposed ordinance in its present form. Countywide (DRO)
JULY 1, 2014
4. REGULAR
AGENDA
B. ENGINEERING
& PUBLIC WORKS
1. REVISED BACKUP: Staff recommends motion to approve on preliminary reading and advertise for public hearing on July 22, 2014 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Program and revised list of projects contained in Exhibit “A” to the Ordinance; 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. SUMMARY: A Mid Year Modification of the Palm Beach County Five Year Road Program is contemplated in the Traffic Performance Standards and allows the Board of County Commissioners, through the adoption of an ordinance, to delete projects from the Program two times a year. Exhibit “A” to the Ordinance is a list of proposed projects for the next five years and contains certain changes and modifications. This list is submitted for the Board of County Commissioners’ consideration on preliminary reading today, with the final list to be approved with the Ordinance at public hearing on Tuesday, July 22, 2014. Countywide (MRE)
C. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in a
0.16 acre vacant parcel of County-owned land located at the northeast corner of
Miner Road and Grove Road in unincorporated Lantana to GJARS Properties, LLC
(GJARS) for $5,000 with reservation of mineral and petroleum rights, but
without rights of entry and exploration;
B) adopt a Resolution designating .025 acre parcel of County owned
property as right-of-way, as needed for the intersection of Grove Road and
Miner Road in Section 9, Township 45, Range 43; and
C) approve a County Deed in favor of
GJARS.
SUMMARY: The County acquired a 0.19 acre parcel of vacant land at the northeast corner of
Miner Road and Grove Road in unincorporated Lantana by Tax Deed in July
2001. The County’s Roadway Production
Division requires a .025 acre portion of the parcel be
designated as right-of-way for future road expansion at the intersection of
Grove Road and Miner Road. The balance
of this property was deemed surplus because it serves
no present or future County purpose. The
assessed value of the remainder 0.16 acre is $6,930. Pursuant to Florida Statutes Section
125.35(2), the Board may effect a private sale of the
parcel upon a finding that the value of a parcel is $15,000 or less, as
determined by the County property appraiser, and when due to its size, shape,
location and value it is of use to only one or more adjacent property
owners. The property is 45’x 130’, cannot be developed as a standalone parcel and is only of
use to the adjoining owners. Notice of
the County’s intent to sell this 0.16 acre parcel was
sent to the two adjacent property owners providing them an opportunity to bid
on this parcel. One response was received from GJARS with a proposed purchase price of
$5,000. Staff recommends the sale of
this parcel as it will lessen the County’s potential liability and maintenance
responsibilities and return the parcel to the tax roll. The County will retain mineral rights in
accordance with Florida Statutes Section 270.11, but will not retain rights of
entry and exploration. This sale must be approved
by a supermajority vote (5 Commissioners). (PREM) District 7 (HJF)
JULY 1, 2014
4. REGULAR
AGENDA
D. PLANNING,
ZONING & BUILDING
1. Staff recommends motion
to approve: an Interlocal Agreement with the Village of Palm Springs
providing for the annexation of ten enclaves, generally located north of Lake
Worth Road, east and west of Kirk Road, with Exhibits A, B and C. SUMMARY: The
Board of County Commissioners has directed staff to work with municipalities to
strategically address annexations. Chapter 171, Florida Statutes (F.S.), allows
annexation of enclaves less than ten acres through an Interlocal Agreement
between the annexing municipality and the County. By Resolution No. 2014-22 adopted on May
8, 2014, the Village of Palm Springs has petitioned the County to enter into
such an agreement for the annexation of ten enclaves consisting of 16 parcels
totaling 3.72 acres, as identified in Exhibit A of the Interlocal Agreement.
The Village has provided written notice to all owners of real property located
within the enclaves as shown in Attachment 4 to the Agenda Item. The Interlocal
Agreement also provides for the annexation of the right-of-way segments identified
in Exhibit B of the Interlocal Agreement, as well as the transfer of operation
and maintenance of the right-of-way segments identified in Exhibit C of the
Interlocal Agreement. The annexation has been
processed through the County’s review departments, including Fire
Rescue, Engineering, Planning, Zoning, Environmental Resources Management,
Parks and Recreation, Water Utilities, County Attorney, Property and Real
Estate Management, Sheriff's Office, and the Office of Financial Management and
Budget Departments. The proposed annexation
meets the requirements of Chapter 171, F.S., and is consistent with the
Intergovernmental Coordination Element of the County’s Comprehensive
Plan. District 3 (RPB)
E. PUBLIC
SAFETY
1. DELETED: Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida repealing and replacing
Resolution No. R2013-0485, and enacting a new schedule
of fees, fines, and minimum commercial automobile liability insurance limits
for the Vehicle for Hire Ordinance. SUMMARY: In accordance with recent amendments to the Vehicle for Hire (VFH)
Ordinance, the Resolution establishes a total additional fee of $26 to cover
the cost of processing a Level 2 fingerprint based criminal background check
through the Florida Department of Law Enforcement and the Federal Bureau of
Investigation. All other fees, fines, and insurance levels remain unchanged. Countywide (PGE)
JULY 1, 2014
4. REGULAR
AGENDA
F. COUNTY
ATTORNEY
TIME CERTAIN 11:00 A.M.
1. Staff recommends
motion to adopt: a Resolution calling for a referendum to be held on
November 4, 2014 for the purpose of submitting to the duly qualified electors
of Palm Beach County, Florida a question regarding the School Board of Palm
Beach County, Florida’s authority to continue an annual levy of 0.25 mills for
operational purposes of non-charter District schools for the next four fiscal
years beginning July 1, 2015 and ending June 30, 2019; providing for notice of
election; providing for an official ballot; providing for absentee voting and
early voting; providing for referendum results; providing for severability and
providing an effective date. SUMMARY: Section 1011.71, Florida
Statutes, permitted the School Board, by super majority vote, to levy an annual
0.25 mills for school operational purposes.
That statute requires a referendum to be held
before that 0.25 mills levy may be extended.
The .25 mills levy will be spent on non-charter
District schools within the District. The School Board adopted a resolution on
June 18, 2014, under Section 1011.73(2), Florida Statutes, to direct that this
referendum be held on November 4, 2014. Adoption of this resolution will allow the referendum
to be held. Countywide (PFK)
2. ADD-ON: Staff recommends motion to approve on preliminary reading and advertise for public hearing on July 22, 2014, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 18, Article II of the Palm Beach County Code (Ordinance No. 2006-012, amended by Ordinance No. 2011-033); relating to Sexual Offender and Sexual Predator Residence Prohibition, to be known as “the Sexual Offender and Sexual Predator Residence Prohibition Ordinance of Palm Beach County, Florida”; amending Section 18-34 (Sexual Offender and Sexual Predator Residence Prohibition; Exceptions); providing for repeal of laws in conflict; providing for a savings clause; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; and providing for an effective date. SUMMARY: The State of Florida sexual offender and sexual predator residence prohibition laws preclude sexual offenders and sexual predators from establishing a permanent or temporary residence within one thousand (1000) feet from specified locations where children regularly congregate. The current County Ordinance provides for a more restrictive distance, prohibiting sexual offenders and sexual predators from establishing a permanent or temporary residence within twenty-five hundred (2500) feet from certain defined areas where children regularly congregate. The proposed amendment reduces the number of feet to 1000 and eliminates a designated public school bus stop from the list of specified locations, making the Ordinance consistent with Florida law. Additionally, the proposed amendment is responsive to current federal and state law evolving in other jurisdictions that suggests a County’s imposition of residency prohibitions on sexual offenders and sexual predators may not be more restrictive than the residency prohibitions mandated by the State. It is anticipated that the League of Cities will have no opposition to the proposed Ordinance amendment, as this Ordinance is applicable only in the unincorporated areas of the County. Unincorporated (PGE)
* * * * * * * * * * * *
JULY 1, 2014
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JULY 1, 2014
6. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JULY 1, 2014
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JULY 1, 2014
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK, VICE MAYOR
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER
DELETED:
Request
approval to present off-site, a Proclamation declaring July 2014 as “Yellow Dot
Program Initiation Month” in Palm Beach County.
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, MAYOR
9. ADJOURNMENT
"If a person decides to appeal any
decision made by this Commission with respect to any matter considered at this
meeting or hearing, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal
is to be based."