JANUARY 13, 2015 – 9:30 A.M.

FINAL

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JANUARY 13, 2015

 

PAGE             ITEM

 

  8                    3A-1                REVISED TITLE & SUMMARY: Staff recommends motion to approve:  a Contract with the Legal Aid Society of Palm Beach County, Inc. totaling $107,120 $125,000 for the period of January 1, 2015, through December 31, 2015 for the Wage Dispute Project.  Summary:  On January 14, 2014, the County and the Legal Aid Society of Palm Beach County, Inc. (Legal Aid Society) entered into a Contract (R2014-0095) for $104,000 to cover the salary and benefits of the staff attorney assigned to the Wage Dispute Project together with the support, investigative, court processing services and other of the program’s actual costs.  The Legal Aid Society has requested to continue the program for another year. The increase in funding has been requested to hire additional staff with the goal of reducing the processing time from 80 to 60 days. Employees Kimberly Rommel-Enright and Vicki Tucci of Legal Aid Society of Palm Beach County, Inc., serve on a County Advisory Board, the PBC HIV CARE Council.  The Care Council provides no regulation, oversight, management, or policy-setting recommendations regarding the contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. Countywide (DO) (Admin)

 

16                    3F-9                DELETED:  Staff recommends motion to approve:  Amendment No. 6 to the General Consulting Agreement with CH2M Hill, Inc. for consulting/professional services in the amount of $343,300.74 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program. (Airports) (Further staff review)

33                    3X-2                DELETED: Staff recommends motion to receive and file: Amendment No. 2 to the Contract for Consulting/Professional Services with Byron V. Reid, DVM, an individual, d/b/a Byron Reid & Associates V.M.D.P.A., for on-call veterinary services for large animals in an amount not to exceed $10,000 for the period January 15, 2015, through January 14, 2016. (Public Safety) (Further staff review)

34                    3X-3                REVISED TITLE: Staff recommends motion to: A) approve an Interlocal Agreement for investigative services with the Office of the State Attorney-Fifteenth Judicial Circuit (SAO15) in the amount of $30,000 for the period of October 1, 2014, through September 30, 2017, to provide services of a specialized investigator to conduct criminal investigations of sexual assault cases with adult victims and Level 1 (serious) domestic violence cases; B A) receive and file an executed Contract for Consulting/Professional Services with Aid to Victims of Domestic Abuse, Inc. (AVDA), in the amount of $144,406.77 for the period of October 1, 2014, through September 30, 2017, to provide crisis intervention, supportive counseling and advocacy to victims of sexual assault in cases of domestic violence; C B) receive and file an executed Contract for Consulting/Professional Services with Destiny By Choice, Inc., in the amount of $36,500 for the period of October 1, 2014, through September 30, 2017, to provide Culturally Specific training; and D C) receive and file an executed Contract for Consulting/Professional Services with Coalition for Independent Living Options, Inc. in the amount of $9,500 for the period October 1, 2014, through September 30, 2017, to provide education to the deaf and disabled community on availability of sexual and domestic violence services. (Public Safety)

 


43                    5F-1                ADD-ON, REVISED TITLE & SUMMARY: Staff requests:

 

A) Board direction regarding the potential purchase of ten (10) paratransit vehicles currently used by Two Wheels, Inc. under the Metro Mobility Management Group, LLC (Metro) Contract; assistance to Two Wheels, Inc., a certified Disadvantaged Business Enterprise providing paratransit services under the Metro Mobility Management Group, LLC (Metro) Contract, by paying off ten paratransit vehicles financed from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp., in exchange for the County retaining the vehicles and receiving a Full General Release and Waiver from Two Wheels, Inc. for any and all claims against the County and Palm Tran, Inc.;

 

B) authorization for the Office of Financial Management and Budget to administratively process a budget transfer up to $385,000 from the General Fund Contingency Reserve; and

 

C) authorization for the Office of Financial Management and Budget to administratively process a budget amendment up to $385,000 in the Palm Tran Fund to recognize funding for the purchase of the pay off for the vehicles. 

 

Summary:  Two Wheels, Inc. (Two Wheels), which is owned by Bettye Jones, is a certified Disadvantaged Business Enterprise (DBE) providing paratransit services under the its Contract with Metro (R2012-0934).  The Contract with Metro will expire on January 31, 2015.  Two Wheels, Inc. will not be providing services for any of the three new providers.  Ms. Jones purchased ten (10) new vehicles  from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp.  In good faith, and in order to meet the needs of the public and the terms of its contract with Metro, Two Wheels purchased ten new vehicles from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp. This was done in 2013, prior to the approval of the Settlement Agreement between the County and Metro (R2014-0101) which stipulated an early termination date of January 31, 2015.  Two Wheels will not be providing services for any of the three new paratransit providers. Due to the early termination of the Metro contract, which greatly impacted Two Wheels and was outside of her its control, Ms. Jones Two Wheels is unable to continue to make payments on the vehicles after January 31, 2015.  The Board is being asked for direction regarding the potential assistance of Two Wheels by paying off the vehicles from Advantage Auto Finance and Advantage Funding in exchange for the County retaining the vehicles and receiving a Full General Release and Waiver from Two Wheels for any and all claims against the County and Palm Tran, Inc.  The County can either utilize the vehicles in its Palm Tran fleet benefitting Palm Tran customers, its general fleet benefiting all County Departments, or sell the vehicles.  Staff estimates that the resale value of the vehicles is $150,000 based on the projected mileage as of January 31, 2015.  Payoff quotes have been obtained from Advantage Auto Finance and Advantage Funding totaling $384,041.23.  These quotes are good until January 16, 2015 and January 19, 2015, respectively. Staff estimates that the resale value of the vehicles is $150,000 based on the projected mileage as of January 31, 2015.  Under the new paratransit model, the County purchased 231 new vehicles all of which have been delivered.  Of the 231 vehicles, 35 are designated as spare vehicles.  Options for the Board to consider include:  1) Authorize Staff to negotiate with Advantage Auto Finance and Advantage Funding to purchase the vehicles; or 2) Direct Staff not to negotiate a purchase of the vehicles. Funds for a purchase would come from General Fund Contingency Reserves.  Countywide (DR)

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JANUARY 13, 2015

 

 

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 - 36)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 37 - 39)

 

5.         REGULAR AGENDA (Pages 40 - 43)

 

6.         BOARD APPOINTMENTS (Pages 44 - 45)

 

7.         STAFF COMMENTS (Page 46)

 

8.         COMMISSIONER COMMENTS (Page 47)

 

9.         ADJOURNMENT (Page 47)

 

 

 

 

* * * * * * * * * * *

 

JANUARY 13, 2015

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 7

            2C-1   National Stalking Awareness Month

 

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 8

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

            3A-2    Consulting/Professional Service Contracts with five firms for state lobbying services

Page 9

            3A-3    Resolution supporting the legislative priorities of the 16 County Ecosystem Summit

Page 10

            3A-4    Small Business Assistance Advisory Committee appointment/reappointments

 

B. CLERK & COMPTROLLER

Page 11

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Report of County Officials Bonds

            3B-5    Annual financial reports, excess fees and unexpended budget for FY 2012-2013 and FY 2013-2014

            3B-6    Change orders, work task orders, minor contracts, final payments, etc.

 

C. ENGINEERING & PUBLIC WORKS

Page 11

            3C-1   Resolution to abandon a portion of that certain 20 foot wide drainage easement and portions of platted utility easements in Tract A-1, Oxbridge Academy of the Palm Beaches

Page 12

            3C-2   Construction Agreements with Florida Department of Transportation for two intersection improvement projects in the Palm Beach Gardens area

            3C-3   Resolution to abandon that certain ten foot wide utility easement lying in Lot 1, Plat No. Two Kings Point Plaza

            3C-4   County Incentive Grant Program Amendment No. One with the Florida Department of Transportation associated with intersection improvements at SR-809/Military Trail and Northlake Boulevard

 

D. COUNTY ATTORNEY

Page 12

            3D-1   Amendment No. 4 with Nabors Giblin & Nickerson, P.A. to provide disclosure counsel and related legal services relating to three County financings

Page 13

            3D-2   Amendment No. 4 with Greenberg Traurig, P.A. to provide bond counsel and related legal services for the Sunshine State Loan and Other Capital Projects Revenue Refunding Bonds

            3D-3   Official transcript for the closing of the General Obligation Refunding Bonds (Waterfront Access projects)

            3D-4   Amendment No. 4 with Greenspoon Marder, P.A. to provide bond counsel and related legal services for the Convention Center Parking Garage Revenue Bonds

            3D-5   Amendment No. 5 with Bryant Miller Olive P.A. to provide bond counsel and related legal services for the Water and Sewer Refunding Bonds

            3D-6   Official transcript for the closing of the General Obligation Refunding Bonds (Library District Improvements projects)

            3D-7   Official transcript for the closing of the Public Improvement Revenue Refunding Bonds (Series 2014A Bonds)

           


JANUARY 13, 2015

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

E. COMMUNITY SERVICES

Page 14

            3E-1    Contract for Provision of Services with Gulfstream Goodwill Industries, Inc. to provide match for a U.S. Department of Housing and Urban Development grant for operation of Beacon Place

            3E-2    Contract for Provision of Financial Assistance with United Way of Palm Beach County, Inc. to support the information and referral call center operation at 211 Palm Beach/Treasure Coast, Inc.

            3E-3    Citizens Advisory Committee on Health & Human Services appointment

 

F. AIRPORTS

Page 15

            3F-1    Off-Airport Parking Lot Operator Ground Transportation Permit with Hotel West Palm Beach, LP d/b/a DoubleTree West Palm Beach

            3F-2    Automobile Transport Operator Ground Transportation Permit with Scott Transportation, Inc.

            3F-3    License Agreement with SE Florida Transportation, LLC for a portion of property at Building 1440 at PBIA

            3F-4    License Agreement with Gitibin and Associates, Inc. d/b/a Go Rentals for a portion of paved parking area at Building 1475 at PBIA

            3F-5    License Agreement with Enterprise Leasing Company of Florida, LLC for a portion of paved parking area at Building 504 at PBIA

            3F-6    Deleted

Page 16

            3F-7    Automobile Transport Operator Ground Transportation Permit with AJP Industries, LLC d/b/a Connecticut Auto Transport

            3F-8    Easement Agreement with Comcast Cable Communications Management, LLC for cable and communication facilities to service hangar facilities leased by Jet Aviation Services, Ltd. at PBIA

            3F-9    Amendment No. 6 with CH2M Hill, Inc. for continued professional planning and design services related to the Airports Capital Improvement Program

            3F-10  Automobile Transport Operator Ground Transportation Permit with Hance Transport, LLC

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 17

            3G-1   Resolution authorizing the issuance of Revenue Refunding Bonds, Series 2015

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 18

            3H-1   Annual Heating Ventilation Air Conditioning contracts with eight HVAC contractors

            3H-2   Contract with Rosso Site Development, Inc. to provide site improvements for Gramercy Park

Page 19

            3H-3   Contract with Kimley-Horn and Associates, Inc. to provide planning and engineering services associated with electronics and security systems replacement projects

            3H-4   Amendment No. 8 with Trillium Construction, Inc. for Information Systems Services Enterprise Data Center at Operations & Support Center project

Page 20

            3H-5   Contract with Providian Construction Group, Inc. for the HVAC and roof replacement project at Bill Bailey Community Center

            3H-6   Fifth Amendment to Declaration of Easements for Off-Site Parking and an Amended and Restated Parking Agreement with Jupiter Stadium, LTD. and Aries Land Acquisition, LLC and associated parking spaces at the Abacoa Town Center and Abacoa Campus of Florida Atlantic University

Page 21

            3H-7   First Amendment to Lease Agreement with the Lake Worth West Resident Planning Group, Inc. for use of a modular associated with operation of the Lake Worth West Community Center

            3H-8   Notice to extend the Lease Agreement with Walter J. Hatcher for 2.45 acres of property off Indiantown Road just west of Riverbend Park

JANUARY 13, 2015

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

I. ECONOMIC SUSTAINABILITY

Page 22

            3I-1     Amendment No. 1 to an Agreement providing for fair housing enforcement activities with the Legal Aid Society of Palm Beach County, Inc. to correct a scrivener’s error

 

J. PLANNING, ZONING & BUILDING

Page 22

            3J-1    Construction Industry Licensing Board appointment/reappointments

Page 23

            3J-2    Zoning Commission reappointments

 

K. WATER UTILITIES  -  None

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 23

            3L-1    Updated Management Plan for the Frenchman’s Forest Natural Area

            3L-2    Interlocal Agreement with the City of Riviera Beach for the Singer Island Erosion Control project

Page 24

            3L-3    Joint Participation Agreement with the Florida Department of Transportation associated with a mangrove mitigation project along Southern Boulevard Causeway

            3L-4    Management Plan for the Lantana Scrub Natural Area

Page 25

            3L-5    Florida Department of Environmental Protection Grant Agreements associated with the North Jupiter Flatwoods Restoration project

            3L-6    Work Order No. ERM 14C-19 to the annual Pathway and Minor Construction Contract with Wynn and Sons Environmental Construction Co., Inc. to conduct hydrologic restoration work at the North Jupiter Flatwoods Natural Area

Page 26

            3L-7    Contractual Services Agreement No. 021813 with the Florida Department of Agriculture and Consumer Affairs Services relating to listed species monitoring on the Juno Dunes Natural Area

 

M. PARKS & RECREATION

Page 27

            3M-1   Receive and file two Independent Contractor Agreements

            3M-2   Second Amendment with TAB Development, Inc. and 814 Community Center, LLC for the funding of U.B. Kinsey Educational and Community Center construction costs

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 28

            3Q-1   Florida Department of Law Enforcement grant awards for ex-offender reentry programs, the Law Enforcement Exchange and drug court program

Page 29

            3Q-2   Amendments to contracts for ex-offender reentry services to extend expiration date

Page 30

            3Q-3   Department of Children and Families Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Final Financial Report/return unexpended funds

            3Q-4   Criminal Justice Commission reappointment

 

R. HUMAN RESOURCES  -  None


JANUARY 13, 2015

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

S. FIRE RESCUE

Page 31

            3S-1    Ratify Mayor’s signature on Grant Application to the U.S. Department of Homeland Security for firefighter safety and personal protective equipment

Page 32

            3S-2    Bill of Sale to transfer ownership of a 1996 Ford F-700 Tank truck from Florida Public Utilities Company

            3S-3    Appointments to the Lantana Firefighters Pension Fund Board

            3S-4    Receive and file three original standard agreements for swimming lessons

Page 33

            3S-5    Receive and file one License Agreement with the City of West Palm Beach for use of the Palm Beach County Fire Rescue Regional Training Center

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 33

            3X-1    Contract with Palm Beach County Disaster Recovery Coalition, Inc. for disaster response and recovery services

            3X-2    Amendment No. 2 with Byron V. Reid, DVM for on-call veterinary services for large animals

Page 34

            3X-3    Agreements and/or Contracts associated with the Palm Beach County Victim Services and Rape Crisis Center

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 35

            3AA-1 FY 2013 Section 5307 Federal Transit Administration Grant Agreement

                        3AA-2 Two-Year Agreement with the Lakes of Delray, Inc. for provision of transportation services on routes 70 and 81

 

BB. YOUTH SERVICES

Page 35

            3BB-1 Revised budget/Final payment with the City of Riviera Beach for the Youth Violence Prevention Project/Youth Empowerment Center

 

CC. SHERIFF

Page 36

            3CC-1            Grant Adjustment Notices 1 – 3 relating to crime lab equipment, training, travel and contractual services

            3CC-2            SubRecipient Agreement for Federal Grant Funding Assistance with the Florida Department of Law Enforcement relating to forensic services

 

            DD. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY

Page 36

            3DD-1            Change Order No. 3 with Ric-Man International, Inc. relating to the Belvedere Homes Infrastructure Improvement Phase 2 project

 

 

JANUARY 13, 2015

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 37

            4A       Application of Fibex, LLC for issuance of Industrial Development Revenue Bonds

            4B       Change in Use of the proceeds of the County’s Variable Rate Demand Revenue Bonds, Series 2004 (The Community Foundation of Palm Beach and Martin Counties, Inc. project)

Page 38

            4C       Local Preference in Purchasing Ordinance

            4D       Palm Beach County Recycled Paper Product Procurement Ordinance

Page 39

            4E       Palm Beach County Purchasing Code Ordinance

 

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 40

            5A-1    Standard construction contract language establishing the Glades Employee Incentive Program

            5A-2    Implementation of the Abundant Community Initiative Pilot Project

Page 41

            5A-3    Voluntary Apprentice Incentive Program for County construction projects

 

            COOPERATIVE EXTENSION SERVICE

Page 41

            5B-1    Second Amendment with the Friends of the Mounts Botanical Garden, Inc. for funding of a gardener position

 

            INFORMATION SYSTEMS SERVICES

Page 42

            5C-1   Add one Systems Architecture Analyst position

 

            PLANNING, ZONING & BUILDING

Page 42

            5D-1   Interlocal Agreement with the Village of Palm Springs providing for annexation of two enclaves

 

            ECONOMIC SUSTAINABILITY

Page 43

            5E-1    Sale of property owned by NOAH Development Corporation to HTG Covenant Villas, LLC (Covenant Villas in Belle Glade)

 

BOARD APPOINTMENTS  (Pages 44 - 45)

 

STAFF COMMENTS  (Page 46)

 

COMMISSIONER COMMENTS (Page 47)

 

ADJOURNMENT (Page 47)

 


JANUARY 13, 2015

 

 

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

 

 

            1.         Proclamation declaring January 2015 as “National Stalking Awareness Month” in Palm Beach County. (Sponsored by Commissioner McKinlay)

 

 

 

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


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         REVISED TITLE & SUMMARY: Staff recommends motion to approve:  a Contract with the Legal Aid Society of Palm Beach County, Inc. totaling $107,120 $125,000 for the period of January 1, 2015, through December 31, 2015 for the Wage Dispute Project.  Summary:  On January 14, 2014, the County and the Legal Aid Society of Palm Beach County, Inc. (Legal Aid Society) entered into a Contract (R2014-0095) for $104,000 to cover the salary and benefits of the staff attorney assigned to the Wage Dispute Project together with the support, investigative, court processing services and other of the program’s actual costs.  The Legal Aid Society has requested to continue the program for another year. The increase in funding has been requested to hire additional staff with the goal of reducing the processing time from 80 to 60 days. Employees Kimberly Rommel-Enright and Vicki Tucci of Legal Aid Society of Palm Beach County, Inc., serve on a County Advisory Board, the PBC HIV CARE Council.  The Care Council provides no regulation, oversight, management, or policy-setting recommendations regarding the contract listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics. Countywide (DO) (Admin)

 

 

2.         Staff recommends motion to approve: five consulting/professional service contracts for state lobbying services on behalf of Palm Beach County and in response to RFP No. 15-008/SC for the term of twelve months from January 13, 2015 to January 12, 2016 for a total amount of $175,000 as follows:

 

A)  A contract with Ericks Consultants, Inc. in the amount of $35,000;

 

B) A contract with Foley and Lardner, LLP in the amount of $35,000.

 

C) A contract with Ron L. Book, P.A. in the amount of $35,000;

 

D)  A contract with Corcoran & Associates, Inc. dba Corcoran & Johnson in the amount of $35,000; and

 

E) A contract with The Moya Group, Inc. in the amount of $35,000;

 

SUMMARY:  In December 2014, the State Lobbyist Services Selection Committee met to review nine proposals to RFP No. 15-008/SC, State Lobbying Services. The selection committee met on two occasions to rank and recommend to the Board of County Commissioners an award of contract of to up to six firms for state lobbying services. The committee recommended the five firms listed above for approval of individual lobbying contracts of $35,000 for a total of $175,000. No SBE firms submitted and the committee recommended continuing to seek participation of such firms in county lobbying services. Countywide (DW)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, supporting the legislative priorities of the 16 County Ecosystem Summit. SUMMARY:  In late 2014, Palm Beach County participated in the 16 County Ecosystem Summit.  Participating in the meeting were the 16 counties that comprise the South Florida Water Management District and the County Coalition for Responsible Management of Lake Okeechobee, St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon.  The multi-county advisory group adopted and ranked six legislative priorities for the 2015 session.  Those priorities are:

 

1.         Restoration of the Herbert Hoover Dike;

2.         Restoration of the Kissimmee River;

3.         Providing funding necessary to complete St. Lucie C-44 reservoirs/STA complex and the entire Indian River Lagoon-South project including the C023 , C-4, and C-25 projects and the C-43 project;

4.         An updated Water Resources Development Act every two years to authorize crucial ecosystem restoration projects;

5.         Protect local fertilizer ordinances and local wetland protection ordinances, and oppose any preemption to regulations, particularly in water districts created and operating pursuant to chapter 298, FS; and

6.         Support the recommendations of the Senate Select committee on Indian River Lagoon and Lake Okeechobee Basin

 

The Resolution being recommended in this item includes these issues for support during 2015.  Countywide (TKF)

 


JANUARY 13, 2015

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION (Cont’d)

 

4.         Staff recommends motion to: appoint one and re-appoint five individuals to the Small Business Assistance Advisory Committee for the seats and terms indicated below:

 

                        APPOINT:

NOMINEE             SEAT                       DESIGNATION                          TERM               NOMINATED BY

Scott Johnson        11               Associated General Contractors 1/13/2015 – 9/30/2016    Comm. Abrams

                                                                                                                                                            Comm. McKinlay

Comm. Taylor

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Berger

RE-APPOINT:

NOMINEE             SEAT                       DESIGNATION                          TERM               NOMINATED BY

E. Ann McNeill         3               Certified Woman Business         1/13/2015 – 9/30/2015    Comm. Abrams

                                                                        Owner                                                                           Comm. McKinlay

Comm. Taylor

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Berger

           

Angela Randolph      5               Business Owner Domiciled        1/13/2015 – 9/30/2015    Comm. Abrams

                                                In PBC                                                                          Comm. McKinlay

Comm. Taylor

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Berger

 

Ted Kramer             12               Small Bus. Dev. Center              1/13/2015 – 2/14/2017    Comm. Abrams

                                                                                                                                                            Comm. McKinlay

Comm. Taylor

                                                                                                                                    Comm. Valeche

                                                                                                                                    Comm. Berger

 

Karen Alleyne-Means 14 Black Chamber of Commerce    1/13/2015 – 10/15/2015  Comm. Abrams

                                                                                                                                                            Comm. McKinlay

Comm. Taylor

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Berger

 

Darrell Searcy          15              Professional Services                1/13/2015 – 6/17/2016    Comm. Abrams

                                                Organization                                                                  Comm. McKinlay

Comm. Taylor

                                                                                                                                                            Comm. Valeche

                                                                                                                                                            Comm. Berger

           

SUMMARY:  The SBA Advisory Committee is established pursuant to Section 2.80.32, of the Palm Beach County Code as amended on March 12, 2013.  The Committee consists of fifteen members representing one black business owner certified as a small business by the County; one Hispanic business owner certified as a small business by the County; one woman business owner certified as a small business by the County; one white male business owner certified as a small business by the County; one business owner domiciled in Palm Beach County; one representative of a business incubator program; one representative of the Hispanic business organization; one representative of the National Association of Women in Construction; one representative of a Women’s Business Organization; one certified minority contractor; one representative of the Associated General Contractors of America; one representative of the Small Business Development Center;  one representative of a financial institution that assists small businesses; one representative of the Black Chamber of Commerce; and one representative of a professional services organization.  Scott Johnson has disclosed that he has an ownership position in Johnson-Davis, Inc. that contracts with the Water Utilities Department and Department of Engineering.  Darrell Searcy has disclosed that he has an ownership position in The Chandler & Campbelle Group, LLC. that contracts with the County for training.  The SBA Advisory Committee provides no regulation, oversight, management or policy-setting recommendations regarding the subject contracts. The SBA Advisory Committee supports the nominations and a memo was sent to the Board of County Commissioners on November 14, 2014 requesting approval of the recommendation.  No other nominations were received. Countywide (TKF)

 

JANUARY 13, 2015

 

 

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

Workshop                                          September 23, 2014

Zoning                                               October 23, 2014

Comprehensive Plan                      October 30, 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 review for sufficiency and to receive and file: the Report of County Officials Bonds dated January 2015. SUMMARY: Ordinance No. 98-51 sets the various bond amounts for specified county officers and provides for examination of the sufficiency of all the bonds at the regular meeting of the Board of County Commissioners in January and June of each year. Countywide (PFK)

 

 

5.         Staff recommends motion to receive and file: annual financial reports, excess fees and unexpended budget for Fiscal Year 2012-2013 & Fiscal Year 2013-2014, for the Clerk & Comptroller, Tax Collector, and Property Appraiser. SUMMARY: The financial reports of these Constitutional Officers were submitted to the Office of the Clerk & Comptroller on or before October 31, 2014, in accordance with F.S. 218.36.  The amounts shown for the Tax Collector and the Property Appraiser represent the total payment to the County.  A portion of these revenues are budgeted in the Library, Fire-Rescue, and various other special revenue funds. The amounts shown as additional/decrease in excess fees will be included in the adjustment for additional balances brought forward which will be brought to the Board of County Commissioners in March 2015. Countywide (PFK)

 

 

6.         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 July 2014. Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a Resolution to abandon a portion of that certain 20 foot wide drainage easement and portions of platted utility easements all lying in Tract A-1, Oxbridge Academy of the Palm Beaches, according to the plat thereof, as recorded in Plat Book 116, Pages 191 through 194, of the public records of Palm Beach County, Florida.  SUMMARY: Adoption of this Resolution will eliminate the public dedications which are in conflict with future redevelopment plans for the site. The petition site is located on the west side of Military Trail and the north side of Community Drive. District 7 (MRE)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to receive and file: 

 

A) a Construction Agreement, dated September 30, 2014, with the Florida Department of Transportation (FDOT) for construction of the RCA Boulevard and Alternate A1A intersection improvement project; and

 

B) a Construction Agreement, dated October 27, 2014, with FDOT for construction of the Burns Road and Military Trail intersection improvement project. 

 

SUMMARY:  These agreements were approved by the Deputy County Engineer as a delegated authority in accordance with R2013-1117.  These agreements are being submitted as a receive and file agenda item for the Clerk’s Office to note and receive.  District 1 (MRE)

 

 

3.         Staff recommends motion to adopt: a Resolution to abandon that certain ten foot wide utility easement lying in Lot 1, Plat No. Two Kings Point Plaza, according to the plat thereof, as recorded in Plat Book 31, Page 174, of the public records of Palm Beach County, Florida.  SUMMARY: Adoption of this Resolution will eliminate the public dedication which is in conflict with future redevelopment plans for the site. The petition site is located on the west side of Jog Road and the south side of West Atlantic Avenue. District 5 (MRE)

 

 

4.         Staff recommends motion to receive and file: County Incentive Grant Program (CIGP) Amendment Number One to the Intersection Improvements at SR-809/Military Trail and Northlake Boulevard Funding Agreement, R2012-1446, with the Florida Department of Transportation (FDOT), extending the CIGP expiration date to December 31, 2015.  SUMMARY: This receive and file will record Amendment Number One for a time extension to the existing funding agreement with FDOT for a project currently underway. This amendment was signed by the Deputy County Engineer and then executed by FDOT. On January 24, 2012, the Board of County Commissioners granted the County Administrator or his designee authority to sign amendments to existing funding agreements with FDOT to provide for time extensions and to add e-verify language, under Resolution No. R2012-0035.  On February 21, 2012, the County Administrator wrote a memorandum delegating this authority to the County Engineer, the Deputy County Engineer, and the Assistant County Engineer. District 1 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: Amendment No. 4 to the Agreement (R2010-1221) with the law firm of Nabors Giblin & Nickerson, P.A. (Attorney), to provide disclosure counsel and related legal services for the following three County financings: (a) the Water and Sewer Refunding Revenue Bonds, Series 2015; (b) the Public Improvement Revenue Refunding Bonds, Series 2015; and (c) the Convention Center Parking Garage Bonds, Series 2015.  SUMMARY:  The Attorney was selected as disclosure counsel for the above County financings by the County Financing Committee at the November 24, 2014 meeting.  This Amendment No. 4 confirms that selection by amending the Agreement for disclosure counsel and related legal services between Palm Beach County and the Attorney.  Payment for legal services in connection with the financings will be as provided for in the Agreement.  This Amendment also revises provisions in the Agreement to comply with current County policies. Countywide (PFK)

 

 

JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 4 to the Agreement (R2010-1325) with the law firm of Greenberg Traurig, P.A. (Attorney), to provide bond counsel and related legal services for the Sunshine State Loan and Other Capital Projects Revenue Refunding Bonds, Series 2015 (the “Bonds”).  SUMMARY: The Attorney was selected as bond counsel for the Bonds by the County Financing Committee at the November 24, 2014 meeting. This Amendment No. 4 confirms that selection by amending the existing Agreement for bond counsel and related 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)

 

 

3.         Staff recommends motion to receive and file:  the official transcript for the closing of the General Obligation Refunding Bonds (Waterfront Access Projects), $28,035,000 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)

 

 

4.         Staff recommends motion to approve: Amendment No. 4 to the Agreement (R2010-1220) with the law firm of Greenspoon Marder, P.A. (Attorney), to provide bond counsel and related legal services for the Convention Center Parking Garage Revenue Bonds, Series 2015 (the “Bonds”). SUMMARY:  The Attorney was selected as bond counsel for the Bonds by the County Financing Committee at the November 24, 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 connections 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)

 

 

5.         Staff recommends motion to approve: Amendment No. 5 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 Water and Sewer Refunding Bonds, Series 2015 (the “Bonds”). SUMMARY:  The Attorney was selected as bond counsel for the Bonds by the County Financing Committee at the November 24, 2014 meeting. This Amendment No. 5 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. Countywide (PFK)

 

 

6.         Staff recommends motion to receive and file:  the official transcript for the closing of the $13,220,000 General Obligation Refunding Bonds, (Library District Improvement Projects), 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)

 

 

7.         Staff recommends motion to receive and file:  the official transcript for the closing of the $72,445,000 Public Improvement Revenue Refunding Bonds, Series 2014A (the “Series 2014A 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)

 

 

JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: Contract for Provision of Services with Gulfstream Goodwill Industries, Inc., for the period January 1, 2015, through September 30, 2015, to provide match for a U.S. Department of Housing and Urban Development (HUD) grant, in an amount not to exceed $64,323 for up to twelve permanent housing beds for disabled, chronically homeless individuals.  Summary:  HUD awarded the Beacon Place project to Gulfstream Goodwill Industries, Inc. (Goodwill) for $448,679, to provide Permanent Supportive Housing services through case management, mental health and substance abuse education, and medication management for up to 12 chronically homeless, disabled individuals, whose goal is to gain or regain economic independence.  This Contract will provide the match for the operation of Beacon Place project.  These funds are currently in the Division’s budget. (Human Services) Countywide (TKF)

 

 

2.         Staff recommends motion to approve: Contract for Provision of Financial Assistance with United Way of Palm Beach County, Inc., for the period October 1, 2014, through September 30, 2015, in an amount not to exceed $139,664 to support the information and referral call center operation at 211 Palm Beach/Treasure Coast, Inc.  Summary: On July 22, 2014, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program and the Youth Violence/Diversion and Summer Camp Scholarship Programs being transferred to the new Youth Services Department.  The contract being recommended in this item reflects the dollar amount approved by the Board for 211 Palm Beach/Treasure Coast, Inc. for FY 2015.  United Way of Palm Beach County, Inc. serves as the fiscal and contracting agent. The contract represents $139,664 of the total FAA funding allocation of $11,290,068. Employee Kasha Owers of United Way of Palm Beach County, Inc. serves on a County advisory board, the Homeless Advisory Board.  This board provides no regulation, oversight, management, or policy-setting recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  Countywide (TKF)

 

 

3.         Staff recommends motion to approve: appointment to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), effective January 13, 2015:

Seat No.

Appointment

Seat Requirement

Term Ending

Nominated By

     5

Dr. Patrick

Halperin

 

Knowledge of System

of Care/Planning,

Research and

Evaluation

09/30/2015

Comm. Valeche

Comm. Burdick

CAC/HHS

 

 

 

 

 

 

Summary:  The Citizens Advisory Committee on Health and Human Services consists of eleven members with at least one member being a resident west of the 20 Mile Bend and at least one member being a representative of the Palm Beach County League of Cities.  Seat No. 5 was left vacant due to the resignation of Katrina W. Granger.  Dr. Halperin will complete the remaining term beginning January 13, 2015, and ending September 30, 2015.  Founding members were appointed for 1, 2 and 3 year terms with subsequent terms of three years. The Resolution creating the CAC/HHS requires the Executive Committee of the Citizens Advisory Committee to solicit and recommend member nominations for transmittal to the Board of County Commissioners. The Board of County Commissioners was notified by memo dated November 7, 2014, and requested to provide nominations for appointment.  On October 31, 2014 and November 13, 2014 the CAC/HHS, recommended that Dr. Patrick Halperin (Seat No. 5 – Knowledge of System of Care/Planning, Research and Evaluation) be appointed. Countywide (TKF)

 

 

JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: Off-Airport Parking Lot Operator Ground Transportation Permit (Permit) with Hotel West Palm Beach, LP, d/b/a DoubleTree West Palm Beach Hotel commencing December 4, 2014, terminating September 30, 2015, automatically renewed on yearly basis (October 1st through September 30th). SUMMARY:  Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1142.  The Permit enables the facility to conduct its operations only in areas that are shown to be in compliance with all applicable zoning, permitting and other approval requirements.  In this case, the permittee has demonstrated approval from the City of West Palm Beach to utilize four parking spaces. Countywide (AH)

 

 

2.         Staff recommends motion to receive and file: Automobile Transport Operator Ground Transportation Permit with Scott Transportation, Inc., commencing November 10, 2014, terminating September 30, 2015, automatically renewed on yearly basis (October 1st through September 30th).  SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1576. Countywide (AH)

 

 

3.         Staff recommends motion to receive and file:  License Agreement with SE Florida Transportation, LLC, commencing October 1, 2014 and expiring October 31, 2014, and renewing on a month to month basis, provided no renewal shall extend beyond September 30, 2015, for a portion of property at Building 1440, at the Palm Beach International Airport (PBIA) as identified in Exhibit “A” of the License Agreement, for payment of license fees in the amount of $2,813.42 per month.  SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070.  SE Florida Transportation, LLC, is the operator of the Airport Ground Transportation Concession Agreement at PBIA (R2005-1774). Countywide (AH)

 

 

4.         Staff recommends motion to receive and file: License Agreement with Gitibin and Associates, Inc., a California corporation, d/b/a Go Rentals, commencing October 1, 2014 and expiring October 31, 2014, and renewing on a month to month basis, provided no renewal shall extend beyond September 30, 2015, for a portion of paved parking area at Building 1475, at the Palm Beach International Airport (PBIA) as identified in Exhibit “A” of the License Agreement, for payment of license fees in the amount of $406.25 per month. SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

 

 

5.         Staff recommends motion to receive and file: License Agreement with Enterprise Leasing Company of Florida, LLC, commencing September 23, 2014 and expiring September 29, 2014, and renewing on a week-to-week basis, provided no renewal shall extend beyond March 30, 2015, for a portion of paved parking area at Building 504, at the Palm Beach International Airport (PBIA) as identified in Exhibit “A” of the License Agreement, for payment of license fees in the amount of $1,000 per week. SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

 

 

6.         DELETED

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to receive and file: Automobile Transport Operator Ground Transportation Permit with AJP Industries, LLC, d/b/a Connecticut Auto Transport, commencing October 21, 2014, terminating September 30, 2015, automatically renewed on yearly basis (October 1st through September 30th). SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1576. Countywide (AH)

 

 

8.         Staff recommends motion to approve: Easement Agreement with Comcast Cable Communications Management, LLC, a Delaware limited liability company, (Comcast) for cable and communication facilities to service hangar facilities leased by Jet Aviation Services, Ltd., (Jet Aviation) at the Palm Beach International Airport (PBIA). SUMMARY: Comcast requires an easement in order to provide cable and communication services to hangar facilities located within Jet Aviation’s leasehold at Palm Beach International Airport. Countywide (HF)

 

 

9.         DELETED: Staff recommends motion to approve:  Amendment No. 6 to the General Consulting Agreement with CH2M Hill, Inc. for consulting/professional services in the amount of $343,300.74 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement (R2011-1333) with CH2M Hill, Inc. for general airport planning and design was approved on September 13, 2011 in the amount of $1,521,708 in order to carry out the approved Capital Improvement Programs for the County’s Airports.  The agreement is for two years with two one-year renewal options.  Approval of Amendment No. 6 in the amount of $343,300.74 revises Article 21 – Nondiscrimination and will provide funds to complete the following task:  Task I Services Palm Beach International Airport (PBIA) Emergency Generators Replacement Design, Bidding and Construction Services.  CH2M Hill, Inc. is an Englewood, Colorado based firm, however, the majority of the work to be completed in this Agreement will be completed and/or managed through their Palm Beach Gardens, Florida office in conjunction with a Palm Beach County-based subconsultant firm.  The Disadvantaged Business Enterprise (DBE) goal for the agreement was established at 25.00%.  The DBE participation for this Amendment is 41.12%.  The total anticipated DBE participation to date is 27%. Countywide (JCM)

 

 

10.       Staff recommends motion to receive and file: Automobile Transport Operator Ground Transportation Permit with Hance Transport LLC, commencing October 21, 2014, terminating September 30, 2015, automatically renewed on yearly basis (October 1st through September 30th).  SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1576. Countywide (AH)

 

 


JANUARY 13, 2015

 

 

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 not exceeding $80,000,000 in initial aggregate principal amount of Palm Beach County, Florida, Revenue Refunding Bonds, Series 2015, in one or more Series (the “Bonds”) for the purpose of paying and defeasing all of the County’s outstanding Public Improvement Revenue Refunding Bonds, Series 2008A and a portion of the County’s Public Improvement Revenue Bonds, Series 2008-2; establishing the maturity schedule for the bonds if sold through a public offering; 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%) if the bonds are sold through a public offering; authorizing 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 if the bonds are sold through a public offering; authorizing the electronic dissemination of the Preliminary Official Statement and Official Statement; providing for, in the alternative of a public offering with respect to the defeasance of the Series 2008A bonds, a negotiated private placement of such bonds; making certain covenants and agreements in connection with the bonds; providing for the rights and remedies of the owners of the bonds; providing for the terms and payment of such bonds; providing for certain other matters in connection therewith; and providing for an effective date.    SUMMARY: On November 24, 2014, the County Financing Committee (CFC) approved the advance refunding of all or a portion of the County’s Public Improvement Revenue Bonds, Series 2008-2 and Public Improvement Revenue Refunding Bonds, Series 2008A based on a target net present value savings of not less than 5.00%.  The bonds originally funded a grant to Max Planck and refunded various Sunshine State Loans. The bonds will be sold on a competitive basis through a public offering, or if the Series 2008A does not meet the 5.00% savings as a public offering, it will be refunded as a direct bank placement. Upon the adoption of the resolution, staff and the County’s financial advisor will monitor market conditions. The County’s financial advisor informed the CFC that current interest rates were unusually low and at that time the total net present value savings was approximately $3.5 million. Countywide (PFK)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: annual contracts with the following Heating Ventilation Air Conditioning (HVAC) contractors to perform contracting services on an as-needed basis for projects typically under $100,000 each: 

Contractor

      Palm Beach

  County Company

SBE or

Non-SBE

Air Handlers of the Palm Beaches, Inc.

Yes

SBE

 

CedarsElectro-Mechanical, Inc.

 

Yes

 

SBE

 

E.C. Stokes Mechanical Contractor, Inc.

 

Yes

 

Non-SBE

 

Farmer & Irwin Corporation

 

Yes

 

Non-SBE

 

Keystone Critical Systems & Advisors, LLC.

 

Yes

 

Non-SBE

 

Precision Air Systems, Inc.

 

Yes

 

SBE

 

The Airtex Corporation

 

Yes

 

SBE

 

Thermo Air, Inc.

 

No

 

Non-SBE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY:  These contracts are one year indefinite-quantity contracts with a maximum value of $2,000,000. The contracts will terminate when a total of $2,000,000 in work orders are issued among the pool of approved HVAC contractors, or when the one-year time period has expired, whichever comes first.  The contracts provide for up to four one-year renewals, at the sole option of the County.  Staff will review the status of the contractor’s certifications annually, prior to renewal, to ensure the firm remains qualified under the original pre-qualification criteria.  The work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of eight HVAC contractors. The goal for Small Business Enterprise participation is 15% and will be tracked cumulatively for each work order issued. This is a bond waiver contract. The cumulative value of active work orders at any time will be limited to $200,000 per contractor. (FD&O Admin) Countywide (JM)

 

 

2.         Staff recommends motion to approve:  Contract with Rosso Site Development, Inc. in the amount of $690,929.02 to provide site improvements for Gramercy Park located off 45th Street in West Palm Beach.  SUMMARY:  Site improvements will include vegetation clearing, constructing a paved parking lot with striping/signage, a dry retention basin, junior tennis courts, playground equipment, landscaping, irrigation/well and underground utilities to future lift station and building pad.  This work was competitively bid with Rosso Site Development, Inc. submitting the lowest responsive, responsible bid.  Funding for this Contract is from the 2002 $50 Million General Obligation Recreational and Cultural Facilities Bond referendum. The total construction duration is 180 calendar days. The goal for Small Business Enterprise (SBE) participation is 15%.  The SBE participation in this Contract is 29%. Rosso Site Development, Inc. is an SBE, Palm Beach County company. (Capital Improvements Division) District 7 (JM)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) Contract with Kimley-Horn and Associates, Inc. to provide planning and engineering services associated with electronics and security systems replacement projects; and

 

B) Consultant Service Authorization No. 1 in the amount of $147,926.

 

SUMMARY:  The Main Courthouse has an extensive security electronic and fire alarm system which provides for the safety of the judges, staff and public, supports the movement of inmates for Court activities, and protects the County’s property, evidence and records within the facility.  These systems have been in place since 1993 (except the fire system which had a partial upgrade in 2009).  Reliability is becoming an issue as well as availability of parts needed to keep all these systems in operation.  The purpose of this Contract is to have a consultant provide planning and engineering services for the renewal/replacement of these systems. Consultant fees will be negotiated on an individual basis for the identified projects.  This Contract will be for three years with two one-year renewal options.  Kimley-Horn is a national firm with a Palm Beach County office and will be using Palm Beach County subconsultants for a majority of the work. This contract includes a Small Business Enterprise (SBE) goal of 15% which can be met through the use of either M/WBE or SBE firms.  Kimley-Horn & Associates, Inc anticipates achieving a 25% SBE participation. Consultant Service Authorization (CSA) No. 1 confirms the end of life need to replace the integrating/controlling structure and/or each of the seven subsystems, confirm the budget requirements for the total project, and then make a recommendation as to whether upgrade or fully replacement of the integrator/controller and/or each subsystem.  The key considerations will be: 1) maintaining all functionality of all subsystems during the upgrade or replacement, 2) cost, and 3) accommodating requested increased operational capabilities/functionality.  Funding for CSA No. 1 is from the Public Building Improvement Fund. (Capital Improvements Division) Countywide (JM)

 

 

4.         Staff recommends motion to approve: Amendment No. 8 to the contract with Trillium Construction, Inc. (R2012-1002) in the amount of $3,210,000 for Information Systems Services (ISS) Enterprise Data Center at Operations & Support Center (OSC) Project establishing a Guaranteed Maximum Price (GMP).  SUMMARY:   Approval of this amendment will allow for the necessary interior alterations to the first floor, partial west wing, of the OSC Fleet building at Vista Center in order to relocate the ISS Enterprise Data Center from the 4th Floor Government Center to a more hardened and secure location resulting in more reliable data center availability.  The improvements include a data center accommodating current and future needs, a Network Operations Center, and support infrastructure.  The Small Business Enterprise (SBE) goal for this contract is 15%.  Trillium Construction, Inc.’s SBE participation for this Amendment is 15.8%.  The time of construction is 309 days.  This project will be funded by the Public Building Improvement Fund. Trillium Construction, Inc. is a local firm and 96% of the work will be done by local contractors.  (Capital Improvements Division) District 2 (JM)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve:  Contract with Providian Construction Group, Inc. in the amount of $296,951.57 for the HVAC and Roof replacement project at Bill Bailey Community Center in Belle Glade. SUMMARY:  The scope of this project, Phase II of a multi-phase project, consists of the removal of existing rooftop HVAC unit and replacing with new more energy efficient 60-ton unit serving the main gym area. Project also includes replacement of the roofing system covering the lower-level locker restrooms, storage areas and community athletic rooms. The existing HVAC equipment and roofing have reached the end of their useful life spans.  The building is used by the Boys and Girls Club and the Police Athletic League. This project is funded through Department of Economic Sustainability using monies from the Federal Community Development Block Grant Program.  This work was competitively bid with Providian Construction Group, Inc. submitting the lowest responsive, responsible bid.  The total construction duration is 120 calendar days.  Davis Bacon requirements and prevailing wage provisions apply to this contract.  There is a Federal 22.4% minority participation requirement. Providian Construction Group, Inc. is a Palm Beach County company.  (Capital Improvements Division) District 6 (JM)

 

 

6.         Staff recommends motion to approve:

 

A) Fifth Amendment to Declaration of Easements for Off-Site Parking (R96-878D) with Jupiter Stadium, Ltd. and Aries Land Acquisition, LLC; and

 

B) Amended and Restated Parking Agreement (R98-183D) (Agreement) with Jupiter Stadium, Ltd. and Aries Land Acquisition, LLC.

 

SUMMARY: Roger Dean Stadium (Stadium) is located adjacent to the Abacoa Town Center in the Town of Jupiter.  Through a Declaration of Easements for Off-Site Parking (Declaration), the Abacoa Town Center is required to supply not less than 2,020 parking spaces to serve the Stadium, with 500 of those 2,020 spaces currently being made available at the Abacoa Campus of Florida Atlantic University.  Management and other responsibilities for all required spaces are the subject of a tri-party Parking Agreement.  In response to the latest development initiative in the Abacoa Town Center, the distribution of parking spaces within the various phases of the Town Center as originally contemplated in the Declaration and Parking Agreement has changed.  As a result, these amendments make conforming changes to the distribution of Stadium parking spaces for consistency with the envisioned build-out of the Town Center while continuing to require 2,020 parking spaces to serve the Stadium.  All parties have cooperated to ensure that adequate parking facilities will remain available to concurrently serve the Town Center and Stadium.  To that end, a Parking Management Plan has been prepared which is supported by all parties and both teams, has been approved by the Town of Jupiter, and is being incorporated into the Declaration and Agreement by reference.  This Agreement also establishes terms by which Jupiter Stadium, Ltd. (JSL) will be allowed to use Aries Land Acquisition, LLC’s (Aries’) undeveloped properties in the Town Center for baseball parking purposes, and deletes provisions regarding the construction of additional parking spaces on Stadium grounds by JSL and a maximum $10,000 obligation of Aries related thereto.  All other terms of the existing Declaration and Parking Agreement remain materially unchanged. (PREM) District 1 (HJF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to:

 

A) adopt a Resolution authorizing a First Amendment to Lease Agreement dated January 11, 2005, (R2005-0106), with the Lake Worth West Resident Planning Group, Inc. for the use of a 1,584 SF modular located at 4730 Maine Street in Lake Worth is in the best interest of the County; and

 

B) approve the First Amendment to Lease Agreement.

 

SUMMARY:  Since January 2005, the Lake Worth West Resident Planning Group (Group) has leased a County owned 1,100 SF building located at 4730 Maine Street in Lake Worth which is adjacent to the Lake Worth West Neighborhood Park, for operation of the Lake Worth West Community Center.  On April 16, 2013, the Board allocated $300,000 in Countywide Community Revitalization Team funding to acquire and install a 1,584 SF modular building for expansion of the Group’s social programs and related activities.  The modular project was completed November 25, 2014. This First Amendment expands the premises to include the modular building, deletes Exhibit “B” as the County’s work has been completed and updates the Lease to include standard provisions.  The Lease can be terminated upon 60 days notice by either party.  The Group will continue to pay for non-structural maintenance and all utilities. (PREM) District 3 (HJF)

 

 

8.         Staff recommends motion to receive and file: a notice of exercise of option to extend the Lease Agreement (R2007-1590) with Walter J. Hatcher for 2.45 acres of property off Indiantown Road just west of Riverbend Park for one year.  SUMMARY:  In February 2008, the County acquired 84 acres of property on Indiantown Road west of Riverbend Park, across from the Cypress Creek Natural Area, from Walter Hatcher and Joyce Hatcher (the “Hatchers”).  As a condition of the sale, the Hatchers retained a leasehold interest in 6.54 acres of the property which included their house, until such time as Environmental Resources Management (ERM) was ready to commence development of its planned wetland habitat restoration project. On February 4, 2014, (R2014-0189), the Board approved a First Amendment to the Lease which extended the term for one year with an option to extend for an additional one year, without payment of rent, and delegated authority to the County Administrator or his designee to approve or reject the exercise of the option.  The current expiration date of the Lease is February 13, 2015.  Mr. Hatcher recently requested the County’s consent to exercise the additional one year extension option, and ERM agreed to the extension through February 13, 2016.  ERM and the Parks Department intend to convert the home into a visitor’s center for the natural area and the adjacent Riverbend Park. (PREM) District 1 (HJF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2014-1474) with the Legal Aid Society of Palm Beach County, Inc. (Legal Aid Society) to correct a scrivener’s error regarding the number of beneficiaries.  Summary: On October 7, 2014, the County entered into an Agreement (R2014-1474) with the Legal Aid Society to provide $47,300 in Community Development Block Grant (CDBG) funds to provide fair housing enforcement activities intended to identify and remedy housing discrimination.  This Amendment revises the number of program beneficiaries from 59 to 29.  The Agreement provided for 59 beneficiaries to be served based on the funding application received from Legal Aid Society.  They have since advised that this number was a scrivener’s error and have requested its correction.  As a consequence of this error, the Agreement needs to be revised to increase the rate paid per beneficiary from $801.70 to $1,631.  In Fiscal Year 2013-2014, the Legal Aid Society received $47,513 in CDBG funds which enabled them to provide services to 29 beneficiaries at a rate of $1638.38 per beneficiary which is consistent with the Amendment.  These are Federal CDBG funds which require no local match. (DES Contract Development) Countywide (JB)

 

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends a motion to approve: A) appointment of one new member; and B) reappointment of three current members to the Construction Industry Licensing Board (CILB):

 

A) Appoint

Seat #

Requirement

     Term

Nominated by

    Michael Carter

5

General Contractor

01/13/15-9/30/17

Comm. Burdick

 

 

 

 

Comm. Taylor

 

 

 

 

Comm. Valeche

 

B) Re-appoint

 

Seat #

 

Requirement

 

     Term

 

Nominated by

 Thomas Hogarth

7

Building Official

01/13/15-9/30/17

Comm. Burdick

 

 

 

 

Comm. Taylor

 

 

 

 

Comm. Valeche

Comm. Berger

 

 Frank Juliano

 

10

 

Swimming Pool Contractor

 

01/13/15-9/30/17

 

Comm. Burdick

 

 

 

 

Comm. Taylor

 

 

 

 

Comm. Valeche

Comm. Berger

 

  Manuel Sanchez

 

3

 

General Contractor

 

01/13/15-9/30/17

 

Comm. Burdick

 

 

 

 

Comm. Taylor

 

 

 

 

Comm. Valeche

Comm. Berger

 

SUMMARY: The Construction Industry Licensing Board was established by Special Act, Laws of Florida, Chapter 67‑1876, as amended. The Special Act and, subsequently, 489.131, Florida Statutes (F.S.) sets forth the membership of the Board, which consists of 15 members. Michael Carter applied for the vacant position which was left by Mr. Ron Daniels, who is no longer able to participate on the Board by completing two terms. Mr. Thomas Hogarth, Frank Juliano, and Manuel Sanchez are all eligible and willing to continue to serve. The nominations represent a seat for two General Contractors, a Building Official, and a Swimming Pool Contractor, as cited in the Special Act, and F.S. establishing the Construction Industry Licensing Board. A Memorandum was sent to the Board of County Commissioners on November 3, 2014, advising of the vacant positions. No other nominations were received. Countywide (SF)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

J.         PLANNING, ZONING & BUILDING (Cont’d)

 

2.         Staff recommends motion to approve: reappointment of two members to the Zoning Commission (ZC), for the term from February 4, 2015, to February 2, 2018:

 

Reappoint                   Seat No.                 Seat Requirement              Nominated By

Mark  Beatty                          8                           Architect                           AIA Palm Beach

Robert Currie                        9                           Architect                           AIA Palm Beach

 

SUMMARY:  The ZC Membership, Powers, and Duties are established by Ordinance 2009-040, as amended. The Board consists of nine members appointed by the Board of County Commissioners (BCC).  Each member of the BCC shall appoint one District member to the ZC.  The remaining two members shall be appointed by a majority vote of the BCC, and shall be architects registered in the State of Florida nominated by the Palm Beach County Chapter of the American Institute of Architects (AIA). These appointments are consistent with the Unified Land Development Code (ULDC) requirements, Article 2.G.3.L, ZC. Unincorporated (RB)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve: an updated Management Plan for the Frenchman’s Forest Natural Area. SUMMARY: The Management Plan for the Frenchman’s Forest Natural Area was originally approved by the Board of County Commissioners on July 7, 1998.  The Management Plan was updated in 2014 to include information related to the addition of two tracts of land, significant events and activities occurring since the County’s acquisition, public use facilities constructed on the site and current management strategies.  The next update will be due in 2024.  The County manages the natural area with the assistance of the City of Palm Beach Gardens. District 1 (SF)

 

 

2.         Staff recommends motion to:

 

A) receive and file a Notification of Termination to the City of Riviera Beach (City) terminating Interlocal Agreement (R2008-2220) with the City for the Singer Island Erosion Control Project  for lack of purpose; and

 

B) rescind an Interlocal Agreement for the Singer Island Erosion Control Project with the City of Riviera Beach (R2008-2220).

 

SUMMARY: On December 2, 2008, the Board of County Commissioners (BCC) executed an Interlocal Agreement (Agreement) with the City of Riviera Beach (City) for a 20% cost share of eligible project costs up to $7,020,000 for the Singer Island Erosion Control Project.  Due to an absence of consensus on a permittable design among State and Federal agencies, on March 22, 2011, the BCC voted to discontinue efforts to pursue a permit.  As a result, on March 11, 2014, the BCC authorized the County Administrator or his designee to terminate the Agreement for lack of purpose. Receipt of final payment was required prior to contract termination. Palm Beach County has received final payment from the City. District 1 (SF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a Joint Participation Agreement with the Florida Department of Transportation (FDOT) in the amount not to exceed $265,000 to reimburse the County for staff time and construction costs associated with a mangrove mitigation project along the Southern Boulevard Causeway expiring on June 30, 2017;

 

B) adopt a Resolution to authorize entering into an agreement as a requirement of FDOT;

 

C) approve a Budget Amendment of $265,000 in the Environmental Enhancement Fund to recognize the revenues from the Agreement; and

 

D) 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 provide reimbursement funding to create an approximate one acre mangrove mitigation project located along the Southern Boulevard Causeway within the Town of Palm Beach.  FDOT will fund up to $265,000 in construction and staff project management costs. An additional agreement with FDOT may be necessary if project costs exceed the estimate. District 7 (SF)

 

 

4.         Staff recommends motion to approve: an initial Management Plan for the Lantana Scrub Natural Area. SUMMARY: The initial Management Plan for the 34.1-acre Lantana Scrub Natural Area identifies the natural resources present on the site and provides for the preservation, restoration and ongoing management of those resources.  The management plan also identifies recreational uses and amenities which may be accommodated on the site without adversely affecting the site’s natural resources.  The first update to this Management Plan will be due in 2025. District 7 (SF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

5.         Staff recommends motion to:

 

A) approve Florida Department of Environmental Protection (FDEP) Grant Agreement S0748 for the North Jupiter Flatwoods Restoration Project Phase III - commencing upon execution for a period of twelve months, in an amount not to exceed $375,000;

 

B) approve FDEP Grant Agreement S0781 with the FDEP for the Cypress Creek Habitat Restoration Project, commencing upon execution for a period of twelve months, in an amount not to exceed $200,000;

 

C) approve a Budget Transfer for $375,000 from reserves in the Natural Areas Fund for the Environmental Resources Capital Projects Fund for use as additional funding for the project work supported by S0748;

 

D) approve a Budget Amendment in the Environmental Resources Capital Projects Fund  in the amount of $950,000 to recognize the grant awards and transfer from the Natural Areas Fund; and

 

E) authorize the County Administrator, or his designee, to sign all future time extensions, and necessary minor amendments that do not significantly change the scope of work, terms or conditions of Agreements S0748 and S0781.

 

SUMMARY: The Agreements will provide $575,000 in funding for wetland restoration projects at North Jupiter Flatwoods and Cypress Creek Natural Areas.    Additional funding for the work is being provided through transfers from the Natural Areas Fund, a non-ad valorem source. The restoration projects will restore historic hydrologic connections and the functionality of the wetlands to allow them to store water and attenuate storm water surges to the Loxahatchee River. The projects will also reduce the threat of saltwater intrusion into the freshwater portions of the River, extend base flows to the River, and re-establish suitable habitat for listed species. District 1 (SF)

 

 

6.         Staff recommends motion to approve: Work Order No. ERM 14C-19 to the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2013051 (R2013-0427) with Wynn and Sons Environmental Construction Co. Inc. not to exceed $499,590 to conduct hydrologic restoration work at the North Jupiter Flatwoods Natural Area. SUMMARY: The Board of County Commissioners approved an annual construction Contract with Wynn and Sons Environmental Construction Co. Inc., a Palm Beach County Small Business Enterprise (SBE) company, for the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2013051 (R2013-0427) on April 16, 2013.  Work Order No. ERM 14C-19 authorizes Wynn and Sons to conduct hydrologic restoration work at North Jupiter Flatwoods Natural Area. Wynn committed to an overall 100% SBE participation in the Contract. The project is supported by the Natural Areas Fund, a non-ad valorem source, and a Loxahatchee River Preservation Initiative Grant Agreement S0748 from Florida Department of Environmental Protection. District 1 (JM)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

7.         Staff recommends motion to:

 

A) approve a Contractual Services Agreement No. 021813 with the Florida Department of Agriculture and Consumer Services (FDACS) to reimburse the County up to $8,703 for listed species monitoring through November 30, 2015 on the Juno Dunes Natural Area;

 

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

 

C) approve a Budget Amendment of $8,703 in the Natural Areas Fund to recognize the award.

 

SUMMARY: The FDACS Agreement will reimburse the County $8,703 for listed species monitoring with a $5,902 match and is effective to November 30, 2015.  A cash match is provided by the Natural Areas Fund, a non-ad valorem source. Staff submitted a proposal to the Florida Statewide Endangered and Threatened Plant Conservation Program to conduct a demographic study on the federally endangered four-petal pawpaw (Asimina tetramera) on the Juno Dunes Natural Area. The expected results and benefits of this project and the information it generates will:

 

·                     provide reliable data on population status and monitoring results;

·                     assist in determining the priority of conducting fuel reduction and/or burning of management units;

·                     assist in determining the long-term viability of the species; and

·                     determine whether spiral whitefly, a non-native insect species, may be causing detrimental effects to the plant. District 1 (SF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following original executed             Independent             Contractor Agreements:

 

A)  East Coast Aquatic Club, LLC, USA Swimming Coach, Aqua Crest Pool, for the period December 1, 2014, through September 30, 2015; and

 

B)  Theresa A. Ruckert, Gentle Yoga Instructor, Therapeutic Recreation Center, for the period December 1, 2014, through September 30, 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.  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.  Districts 3 & 7 (AH)

 

 

2.         Staff recommends motion to approve:  Second Amendment to Agreement with TAB Development, Inc., and 814 Community Center, LLC, for the funding of U.B. Kinsey Educational and Community Center construction costs to extend the project completion date from March 5, 2014 to December 31, 2017, and to modify the issuance of reimbursement payments from TAB Development, Inc., to 814 Community Center, LLC.  Summary:  This Second Amendment to Agreement, R2009-0674, as amended by R2012-0345, extends the project completion date from March 5, 2014 to December 31, 2017.  This Amendment also acknowledges that 814 Community Center, LLC, not TAB Development, Inc., is currently under contract with D&D Constantakos, Inc., for the construction of the facility and that reimbursement payments should be made to 814 Community Center, LLC.  The U.B. Kinsey Educational and Community Center is located at 720 8th Street in West Palm Beach.  This request for an additional extension of the project completion date is necessary in order to finalize funding arrangements to complete the interior of the building.  All other terms of the Agreement, including the funding amount of $500,000, remain the same.  Funding is from the 2002 $50 Million Recreation and Cultural Facilities Bond. District 7 (PK)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) receive and file Florida Department of Law Enforcement (FDLE) grant awards for $341,227 beginning October 1, 2014, through September 30, 2015, to fund ex-offender reentry programs ($110,224-Grant No. 2015-JAGC-PALM-2-R3-188), the Law Enforcement Exchange ($50,000-Grant No. 2015-JAGC-PALM-3-R3-162), and drug court ($181,003-Grant No. 2015-JAGC-PALM-1-R3-164);

 

B) receive and file a Department of Justice (DOJ) grant award for $164,802 beginning October 1, 2013, through September 30, 2017, to fund ex-offender reentry programs;

 

C) approve a Budget Transfer in the amount of $122,510 in the Crime Prevention Trust Fund;

 

D) approve a Budget Transfer in the amount of $456,778 in the Criminal Justice Grant Fund;

 

E) approve a Budget Transfer in the amount of $34,668 in the Drug Abuse Trust Fund; 

 

F) approve a Budget Amendment in the amount of $225,028 in the Criminal Justice Fund for Offender Reentry Programming; and

 

G) approve a downward Budget Amendment of $35,246 in the General Fund to reconcile the budget with CJC allocations.

 

SUMMARY: The Criminal Justice Commission (CJC) receives two annual Edward Byrne Memorial Justice Assistance Grant (JAG) Program formula grants, one from FDLE and one from DOJ. The JAG Programs allow local governments to support a broad range of activities to prevent and control crime based on local needs and conditions.  Palm Beach County has been allocated $341,227 in federal funds as part of the FDLE JAG Program and $164,802 in FY 2015 federal funds as part of the DOJ JAG Program for expenditure in FY 2015.  The CJC recommended drug court, the law enforcement exchange and reentry programs for funding for the period October 1, 2014, through September 30, 2015.  On December 22, 2014, the Board approved R2014-1836 which provided delegated authorization to accept the awards.  There is no match requirement for the JAG Programs. Countywide (JB)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         Staff recommends motion to receive and file:

A) Amendments to the following contracts for ex-offender reentry services extending the expiration period from September 30, 2014 to September 30, 2015 and adjusting the total contract amounts:

 

1.        First Contract Amendment to R2014-0319 – City of Riviera Beach (Community) increasing funding by $62,402 for a total not to exceed $145,802;

2.        First Contract Amendment to R2014-0318 - City of Riviera Beach (RESTORE) increasing funding by $132,350 for a total not to exceed $264,700;

3.        First Contract Amendment to R2014-0315 – Gulfstream Goodwill Industries (Community) increasing funding by $110,932 for a total not to exceed $235,919;

4.        First Contract Amendment to R2014-0314 - Gulfstream Goodwill Industries (RESTORE) increasing funding by $140,000 for a total not to exceed $278,579;

5.        First Contract Amendment to R2014-0317 – Public Defender’s Office (Community) increasing funding by $44,451 for a total not to exceed $143,533;

6.        First Contract Amendment to R2014-0316 – Public Defender’s Office (RESTORE) increasing funding by $164,550 for a total not to exceed $329,100;

7.        Second Contract Amendment to R2014-0313 - The Lord’s Place, Inc. (Community) increasing funding by $113,098 for a total not to exceed $265,132;

8.        Second Contract Amendment to R2014-0312 - The Lord’s Place, Inc. (RESTORE) increasing funding by $265,000 for a total not to exceed $526,378; and

9.        First Contract Amendment to R2014-0633 – Law Enforcement Exchange increasing funding by $50,000 for a total not to exceed $150,000.

 

B) an executed Agreement with RTI International for data transfer of reentry client data.

 

SUMMARY: The contract amendments change the individual contract amounts as mentioned above and extend the contract periods from September 30, 2014 to September 30, 2015.  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 Resolution R2014-1836 and are now being submitted to the Board to receive and file.  Countywide (JB)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

3.         Staff recommends motion to:

 

A) receive and file the Department of Children and Families Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Final Financial Report; and

 

B) approve the return of unexpended funds in the amount of $40,500.41 (which includes unapplied interest in the amount of $4,353.28).

 

SUMMARY: In 2011, Palm Beach County was awarded $455,295 to establish supportive housing for homeless individuals with mental health and substance abuse issues leaving the County jail for a three year period.  Jerome Golden Center for Behavioral Health Services, Inc. was selected to provide these services.  To allow for planning and implementation, the project did not begin serving clients until November 2011. The County applied for a no cost extension to September 30, 2014, to allow the project to use unexpended funds and maximize programming for participants.  However, the County was granted an extension to June 30, 2014, not allowing for all unexpended funds to be used.  This grant is now being closed out and any unused funds are being returned to the Florida Department of Children and Families. Countywide (JB)

 

 

4.         Staff recommends motion to approve:  reappointment of the following individual to the Criminal Justice Commission for the period January 13, 2015 to December 31, 2017:

 

Reappoint Nominee            Seat No.              Term to Expire          Nominated By:

Mr. Lee Waring                         25                        12/31/2017                         Economic Council

 

SUMMARY:    The Criminal Justice Commission (CJC) is comprised of 33 members including elected officials and representatives from private and public sectors.  The twelve private sector members are nominated for three-year terms by the Economic Council of Palm Beach County, Inc. and appointed by the Board of County Commissioners.  The Council has recommended Lee Waring for reappointment effective January 13, 2015. Countywide (JB)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to: 

 

A) ratify the signature of the Mayor on a Grant Application for firefighter safety and personal protective equipment to the U.S. Department of Homeland Security’s (DHS) 2014 Assistance to Firefighters Grant Program requesting $393,932 to fund the purchase of fire rescue equipment.   The County shall be responsible for 10% match, or $39,393 plus a voluntary match of $67,160 to fund additional fire rescue equipment; and

 

B)  ratify the Mayor’s designation of the County Administrator, or his designee (Deputy Chief Thomas Tolbert), to act as the County’s representative for the purpose of electronically signing and submitting the grant application for firefighter safety and personal protective equipment via the DHS/Federal Emergency Management Agency website.

 

Summary: The 2014 Assistance to Firefighters Grant (AFG) Program is a competitive grant program designed to assist local fire departments in protecting citizens and firefighters against the effects of fire and fire-related incidents.  This grant program funds activities such as purchasing firefighting equipment, personal protection equipment, training, firefighting vehicles, and firefighter/first responder safety projects. Fire Rescue submitted an application for firefighter safety and personal protective equipment. If awarded the grant request, Fire Rescue will purchase 38 thermal imaging cameras and 38 Rapid Intervention Team (RIT) packs with SCBA cylinders. Equipping all of our Advanced Life Support (ALS) rescue units with RIT packs, including SCBA cylinders and a thermal imaging camera will accomplish 100% compliance with NFPA 1500/1710/1407 standards.  Having this capability on every ALS rescue can prevent delay in clearing human occupancy, including downed or entrapped Firefighters or citizens.  Our goal is to provide high quality, up-to-date equipment to our firefighters to protect them, along with the citizens of Palm Beach County, while conducting fire fighting and rescue operations.  The grant application requests $393,932 from the AFG program, a required match of $39,393 (10%), and as a show of commitment to this program, Fire Rescue has also committed $67,160 in local funding to purchase an additional eight thermal imaging cameras allowing us to add thermal imaging cameras to eight existing RIT packs.  The total RIT project cost in this application is therefore $499,486, which includes a reimbursement of grant writer costs of $999.  Both the local match and additional commitment shall be funded from Fire Rescue’s contingency reserve. Grant rules require submission of grant applications by electronic format in order to assure an efficient review and competitive scoring of all funding requests submitted under this program.  The deadline for submission of this Grant Application to the grantor agency was 5:00 p.m. on December 5, 2014.  Due to the preparation time, submittal deadlines, and Board of County Commissioner meeting dates, the grant had to be submitted prior to full Board approval.  Pursuant to Section 309.00 of the Palm Beach County Administrative Code, the Mayor approved this Grant Application, which now must be ratified by the Board. The Grant Application includes certifications of compliance with required assurances and certifications, as stated in the application and related program guidance.  Countywide (SB)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (Cont’d)

 

2.         Staff recommends motion to approve:  a Bill of Sale to transfer ownership of a 1996 Ford F-700 Tank truck from Florida Public Utilities Company to Palm Beach County for no cost.  Summary:  Florida Public Utilities Company (FPU) holds title to a 1996 Ford F-700 LP gas truck (Vehicle Identification Number: 1FDXF7085TVA04673) which FPU has classified as surplus, obsolete or the continued use of which is uneconomical or inefficient.  Pursuant to this Bill of Sale, FPU will donate and transfer title of the asset to the County in support of its Fire Rescue Training Division.  The vehicle will be modified by Fire Rescue staff to provide for a stationary prop simulating an LP gas truck fire for training purposes.  The vehicle is estimated to hold minimal to no value to FPU. Countywide (SB)

 

 

3.         Staff recommends motion to approve and select:

 

A)  Michael C. McCurdy for appointment by the Town of Lantana, as Trustee, on the Lantana Firefighters Pension Fund Board.   The term will expire September 28, 2016; and

 

B)  John Sluth for appointment by the Town of Lantana, as Trustee, on the Lantana Firefighters Pension Fund Board.  The term will expire September 28, 2016.

 

SummarY:  Pursuant to the Interlocal Agreement (R2010-0215) Renewing Pension Agreement (R97-1252D) Relating to Firefighters’ Pension Plan with the Town of Lantana (Town), the Town is requesting the County’s approval of their selection to appoint John Sluth and Michael C. McCurdy, Town residents, to the Lantana Firefighters Pension Fund Board, as Trustees.  Under the Interlocal Agreement, the Town retained the power and responsibility to make appointments to the Fund’s Board of Trustees for its Chapter 175 plan.  Any Trustee to be appointed by Lantana first must be approved by the County.  Mr. Sluth and Mr. McCurdy’s current positions expired on September 28, 2014.  Their reappointments would expire on September 28, 2016. District 7 (SB)

 

 

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

 

A)  Interlocal Agreement for Swimming Lessons with the Village of Wellington; and

 

B)  Independent Contractor Agreement for Swimming Lessons with Small Fish Big Fish Swim School, LLC; and

 

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

 

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

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE (Cont’d)

 

5.         Staff recommends motion to receive and file: one fully executed License Agreement with the City of West Palm Beach, for training at the Palm Beach County Fire Rescue Regional Training Center, for the period December 4, 2014, through December 3, 2019. Summary:  On July 22, 2014, the Board adopted Resolution No. R2014-1065 which authorized the County Administrator, or his designee (Fire Rescue Administrator), to execute a standard license agreement for up to a five year term, with outside fire rescue/public safety agencies and other authorized entities, providing them with access to the Regional Training Center to conduct training activities and events for public safety personnel.  The Licensee is responsible for the payment of applicable user fees. Pursuant to Countywide PPM CW-O-051, one license agreement fully executed by the Fire Rescue Administrator and the Mayor for the City of West Palm Beach, is being submitted as a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (SB)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: a Contract with Palm Beach County Disaster Recovery Coalition, Inc. (DRC) for disaster response and recovery services in support of the Palm Beach County Comprehensive Emergency Management Plan in an amount not to exceed $50,985 for the period commencing October 1, 2014 and ending September 30, 2015. SUMMARY:  The County has allocated $50,985 in ad valorem funding for disaster response and recovery services in support of the Palm Beach County Comprehensive Emergency Management Plan (CEMP).  The DRC, with the assistance of the Division of Human Services, will fulfill all the responsibilities of a lead agency as outlined in the County’s CEMP to include assistance for unmet needs of County residents, referrals for individuals/families seeking home repair assistance and coordination with Palm Beach County League of Cities to ensure municipal unmet needs are addressed and prioritized.  For this Contract, DRC will recruit non-profit agencies and faith based organizations to support disaster response efforts, expand and update resource registry, conduct community-wide disaster preparedness presentations and training sessions for various case-management agencies, develop a process for coordination, collection, and dissemination of the Unmet Needs Report, fulfill all the responsibilities of a lead agency as outlined in the County’s CEMP, develop and conduct training for team members, and coordinate disaster response and repair activities in the event of a disaster. Countywide (JB)

 

 

2.         DELETED: Staff recommends motion to receive and file: Amendment No. 2 to the Contract for Consulting/Professional Services with Byron V. Reid, DVM, an individual, d/b/a Byron Reid & Associates V.M.D.P.A., for on-call veterinary services for large animals in an amount not to exceed $10,000 for the period January 15, 2015, through January 14, 2016. SUMMARY:  This Amendment is the second renewal of the on-call veterinary services for large animal contract with Byron Reid & Associates V.M.D.P.A. The Animal Care and Control Division is required to provide appropriate and necessary veterinary services for sheltered animals.  This Amendment will provide part-time relief and emergency “on-call” professional medical services for sheltered animals on an as needed basis.  This is the second renewal of the Contract entered into on January 15, 2013 (R2013-0083).  On January 14, 2014, the County Administrator or his designee, on behalf of the Board of County Commissioners, was authorized to execute and make necessary minor amendments that do not change the scope of work or terms and conditions of this Contract (R2014-0084). Countywide (SF)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         REVISED TITLE: Staff recommends motion to:

A) approve an Interlocal Agreement for investigative services with the Office of the State Attorney-Fifteenth Judicial Circuit (SAO15) in the amount of $30,000 for the period of October 1, 2014, through September 30, 2017, to provide services of a specialized investigator to conduct criminal investigations of sexual assault cases with adult victims and Level 1 (serious) domestic violence cases;

 

B A) receive and file an executed Contract for Consulting/Professional Services with Aid to Victims of Domestic Abuse, Inc. (AVDA), in the amount of $144,406.77 for the period of October 1, 2014, through September 30, 2017, to provide crisis intervention, supportive counseling and advocacy to victims of sexual assault in cases of domestic violence;

 

C B) receive and file an executed Contract for Consulting/Professional Services with Destiny By Choice, Inc., in the amount of $36,500 for the period of October 1, 2014, through September 30, 2017, to provide Culturally Specific training; and

 

D C) receive and file an executed Contract for Consulting/Professional Services with Coalition for Independent Living Options, Inc. in the amount of $9,500 for the period October 1, 2014, through September 30, 2017, to provide education to the deaf and disabled community on availability of sexual and domestic violence services.

 

SUMMARY:  On October 21, 2014, the Board approved the Department of Justice, Office on Violence Against Women Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (2014-WE-AX-0011) in the amount of $900,000 for the period of October 1, 2014, through September 30, 2017.  Palm Beach County Victim Services and Rape Crisis Center, in conjunction with project partners the Office of the State Attorney, Aid to Victims of Domestic Abuse, Inc., the Coalition for Independent Living Options, Inc., and Destiny by Choice, Inc., received this grant award to assist in holding offenders accountable for their criminal behavior by centralizing and coordinating dedicated teams comprised of law enforcements, prosecutors, advocates and medical providers to respond to crimes of sexual assault, domestic violence, dating violence and stalking.  Funding for this project will be used to: 1) expand the capacity of our Sexual Assault Response Team to respond to victims; 2) improve investigation and prosecution of sexual assault cases and the appropriate treatment of victims; 3) improve judicial handling of cases; 4) increase support for underserved populations; and 5) enhance and maintain services to victims of sexual assault, domestic violence, dating violence and stalking. On October 21, 2014, R2014-1633 authorized the County Administrator or his designee to execute future applications, awards, contracts and amendments/modifications utilizing funding from the Department of Justice, Office on Violence Against Women on behalf of the Board of County Commissioners. Countywide (JB)

 

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to:

 

A) receive and file the executed FY 2013 Section 5307 Federal Transit Administration (FTA) Grant Agreement of $14,672,550 allocated to Palm Beach County; and

 

B) approve a downward Budget Amendment of $93,450 in the Palm Tran Grant Fund 1341 to reconcile the budget to the actual award amount; and

 

C) approve the FTA Master Agreement FTA MA (21) dated October 1, 2014.

 

SUMMARY: Pursuant to Board of County Commissioners (BCC) authorization provided on May 20, 2014 (R2014-0703), the FTA Grant Application FL-90-X839-00 was filed with the FTA on December 11, 2014.  The executed application is now being submitted to receive and file in accordance with County PPM CW-O-051.  The actual grant award is $93,450 less than the previous allocation.  Accordingly, a downward budget amendment is necessary to reconcile the budget to the actual grant award.  The FTA requires that the County approve the Master Agreement on an annual basis.  Approval of the Master Agreement confirms the County’s intent to comply with the terms and conditions identified in FTA MA (21) dated October 1, 2014. Countywide (DR)

 

 

2.         Staff recommends motion to approve: a two-year Agreement with the Lakes of Delray, Inc. for the provision of transportation services on Routes 70 and 81, effective February 1, 2015, in the amount of $224,717.  Summary:  Lakes of Delray, Inc. has contracted with Palm Tran for bus service for its residents since the inception of the development in 1982.  Palm Tran Fixed Routes 70 and 81 serve Delray Beach on major arterials as they traverse east and west.  Residents are responsible for paying individual fares should they transfer from Routes 70 or 81 to another route. The proposed per dwelling rate for this Agreement is $6.65 per unit, per month for the period February 1, 2015, through January 31, 2017.  This rate reflects a 33% increase above their current rate.  This percentage increase is in line with the Palm Tran fare increases approved by the Board of County Commissioners in FY 2014.  Payment of the per dwelling rate is in lieu of residents paying individual fares on these specific routes. The standard 31-day reduced fare is $55 per month compared to the $6.65 per month rate included in the Agreement. District 5 (DR)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve: Modified budget and final payment of $74,678.39 for the Interlocal Agreement with the City of Riviera Beach (R2014-0071) for the Youth Violence Prevention Project/Youth Empowerment Center. SUMMARY: This approval is necessary to revise and add various budget line items to reconcile actual program expenditures with the approved budget and allow for final payment and Agreement close out.  All services have been satisfactorily completed. The Agreement not-to-exceed amount of $100,000 is unchanged. Countywide (DW)

 


JANUARY 13, 2015

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to receive and file: Grant Adjustment Notices 1 and 2, which amend the grant project; and Grant Adjustment 3, which extends the grant period from March 31, 2015, through September 30, 2015. SUMMARY:  On November 5, 2013, the Board of County Commissioners accepted this award to provide $389,345 in reimbursable funding.  The original grant period was October 1, 2013, through March 31, 2015 (R2013-1602). The purpose of this grant is to provide equipment, training, travel, and contractual services that will increase the efficiency of the crime lab.  Grant Adjustments 1 and 2 modified the scope of the project, which did not impact the award value or time period.  However, Grant Adjustment 3 extends the grant period from March 31, 2015, through September 30, 2015. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (JB)

 

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a SubRecipient Agreement For Federal Grant Funding Assistance between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office through a FY ‘14 Paul Coverdell Forensic Sciences Improvement Act Formula Grant in the amount of $30,652, for the period of October 1, 2014, through September 30, 2015; and

 

B) approve a Budget Amendment of $30,652 in the Sheriff’s Grant Fund.

 

SUMMARY: The National Institute of Justice awarded these funds to the Florida Department of Law Enforcement for the “FY ‘14 Paul Coverdell National Forensic Sciences Improvement Grant”. On October 27, 2014, the Palm Beach County Sheriff’s Office was awarded funds to improve the quality of forensic services. Funds provided will be used for overtime, travel, and training costs.  There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (JB)

 

 

DD.     WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY

 

1.         Staff recommends motion to approve:  Change Order No. 3 to the Contract with Ric-Man International, Inc. (R2013-0091) for the Belvedere Homes Infrastructure Improvement, Phase 2, increasing the contract price by $98,332.20 and providing a 173 day time extension.  SUMMARY:  On January 15, 2013, the Palm Beach County Board of County Commissioners approved a Contract with Ric-Man International, Inc. (R2013-0091) for the Belvedere Homes Infrastructure Improvements Phase 2. Change Order No. 3 provides for additional funds to restore Lake Worth Drainage District canal banks, relocate water meter service connections and install sidewalk handicap ramps. It also includes a 173 day time extension for various delays during construction. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is not applicable to this contract due to the fact that it is a federally funded project. The contract includes 22.73% MBE and 6.91% WBE participation. Although SBE participation is not required by the Contract as determined by Department of Economic Sustainability, a Good Faith Effort has been made by Ric-Man International, Inc. providing for SBE participation of 27.07% overall. (WUD Project No. 11-022) District 7 (JM)

 

 

 

 

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


JANUARY 13, 2015

 

 

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

 

 

A.        Staff recommends motion to:

 

1) approve the Application of Fibex, LLC for the issuance of up to $3,500,000 of County Industrial Development Revenue Bonds (Fibex, LLC Project), Series 2015 (the "Bonds");

 

2) conduct a Tax Equity & Fiscal Responsibility Act (TEFRA) public hearing concerning the proposed issuance of the Bonds; and

 

3) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, regarding the official action of the County with respect to the proposed issuance by the County of its Industrial Development Revenue Bond (Fibex, LLC Project) Series 2015 in the principal amount not to exceed $3,500,000 for the principal purpose of financing certain costs incurred or to be incurred by Fibex, LLC in connection with the acquisition, renovation and equipping of certain manufacturing facilities; and providing for related matters.

 

Summary: Fibex, LLC (the "Company") has applied for the issuance of an industrial development revenue bond by the County in an amount not to exceed $3,500,000. Bond proceeds will be used to acquire, renovate and equip a manufacturing facility to be located at 862 West 13th Court, Riviera Beach, Florida.  Fibex, LLC expects to staff its operation with 30 full-time jobs within the first year.  The Economic Impact Analysis demonstrates a positive impact of $16.9 Million over five years and the creation of 44 full-time, direct and indirect jobs. Prior to the issuance of any portion of the Bonds that will be tax-exempt; the Internal Revenue Code requires that the County hold a public hearing.  The Bonds will be payable solely from revenues derived from the Company.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bond. District 7 (PFK)

 

 

 

B.        Staff recommends motion to:

 

1) conduct a TEFRA public hearing regarding a change in use of the proceeds of the County's Variable Rate Demand Revenue Bonds, Series 2004 (The Community Foundation for Palm Beach and Martin Counties, Inc. Project) (the "Bonds"); and

 

2) authorize the Mayor’s execution of an IRS Form 8038 with respect to the Bonds.

 

SUMMARY: In 2004, the County issued the Bonds to finance and refinance the acquisition by the Community Foundation of land (the "Land") located at the northwest corner of Olive Avenue and Trinity Place in West Palm Beach to be used as additional parking for the Community Foundation’s headquarters located at 700 South Dixie Highway. The Community Foundation wishes to exchange a portion of the Land for adjacent land. The Internal Revenue Code requires that the County conduct a public hearing concerning the exchange, similar to the public hearing required for new industrial revenue bond issuances. No County funds are involved in this exchange nor will the terms of the existing Bonds be modified. District 7 (PFK)

 

 


JANUARY 13, 2015

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

C.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, setting forth and amending Section 2-80.41 through 2-80.48 of the Palm Beach County Code, the Local Preference in Purchasing Ordinance; amending Section 28.41 Title; amending Section 22-80.42 Definitions; adding Section 2-80.43 Applicability of Local Preference; amending Section 2-80.44 Preference for Local Businesses; amending Section 2-80.44.1 Preference for Glades Businesses; amending Section 2-80.44.2 Preference for the Use of Glades Subcontractors by Local Businesses; amending Section 2-80.45  Reciprocity; amending Section 2-80.47 Limitations; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY:  The current Local Preference Ordinance (Ordinance No. 2002-065), as amended in 2009 (Ordinance No. 2009-095) and in 2010 (Ordinance No. 2010-011), provides a local preference to Palm Beach County vendors offering their goods or services to Palm Beach County. This Ordinance Amendment makes minor revisions to the Local Preference Code; makes local preference available to all procurements governed by the Purchasing Code instead of only to those procurements exceeding the Mandatory Bid or Proposal amount of $50,000; and encourages a local preference for the purchase of goods and services that are exempt from the requirements of the Purchasing Code. Examples of exempt purchases include, but are not limited to, presenters and lecturers for county library programs, interlocal agreements, food service and retail leases and concessions; and, event specific stage production or programming.  A summary of the substantive recommended changes to the existing Local Preference Ordinance is attached to the Agenda Item. Countywide (DW)

 

 

D.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, setting forth and amending Section 2-4 of the Palm Beach County Code, the “Palm Beach County Recycled Paper Product Procurement Ordinance”; amending Section 2-4(a) Short Title; amending Section 2-4(b) Purpose; amending Section 2-4(c) Policies; amending Section 2-4(d) Definitions; amending Section 2-4(e) Requirements for Purchasing Solicitations and Contracts; amending Section 2-4(f) Responsibilities and Goals for Procurement of Sustainable Source Paper Products; amending Section 2-4(g) Annual Report; amending 2-4(h) Responsibilities and Reporting Requirements of Departments; amending Section 2-4(i) Responsibilities of the Purchasing Department; repealing Section 2-4(j) Exemptions; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY:  The Palm Beach County Recycled Paper Product Procurement Ordinance was adopted in 1990 (Ordinance No. 90-13).  It promotes the use of recycled paper products; discourages the use of paper products that are not recyclable; and sets forth a preferential procurement policy to encourage and promote the use of recycled and recyclable paper products by County departments, agencies and contractors.  This Ordinance Amendment recognizes the importance of the use of sustainable source paper products, of which recycled paper products is a subset, and clarifies and updates the County’s goal with regard to the use of sustainable source paper products. A summary of the substantive recommended changes to the existing Palm Beach County Recycled Paper Product Procurement Ordinance is attached to the Agenda Item. Countywide (DW)

 

 


JANUARY 13, 2015

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

E.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code Chapter 2, Article III, Division 2, Part A (The Palm Beach County Purchasing Code); repealing and replacing Sections 2-51 through 2-58 of the Palm Beach County Code, which codified Ordinance No. 2005-062, Ordinance No. 2008-009, and Ordinance No. 2010-010, establishing a Centralized Purchasing System; providing for General Provisions; providing for Application/Exemptions; providing for Definitions; providing for Designation, Duties and Authority of the Director of Purchasing; providing for Delegation of Authority to Subordinate Staff and Authority of Departments of Engineering, Airports, Water Utilities, Facilities Development and Operations, and Environmental Resources Management; providing for a Mandatory Bid and Proposal Amount; establishing Requirement for Competitive Source Selection; providing for Alternative Source Selection; providing for Waiver of Requirements for Competitive Selection for Professional and Consultant Services; providing for Protested Awards; providing for Suspension and Debarment; providing for Vendor Preferences; prohibiting Conflicts of Interest; providing for repeal of laws in conflict; providing for severability; providing for savings clause; providing for inclusion in the Code of Laws; and providing for an effective date. SUMMARY:  The current Purchasing Code (Ordinance No. 2005-062), as amended in 2008 (Ordinance No. 2008-009), and 2010 (Ordinance No. 2010-010), established a centralized purchasing system for the procurement of the County’s non-construction related goods and services.  This Amendment to the Purchasing Code includes revisions necessary to facilitate the efficiency of the County’s procurement process.  A summary of the substantive recommended changes to the existing Purchasing Code is attached to the Agenda item. Countywide (DW)

 

 

 

 

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


JANUARY 13, 2015

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: standard construction contract language establishing the Glades Employee Incentive Program.  SUMMARY:  People Engaged in Active Community Efforts (PEACE) asked the County to develop a “first source” ordinance that would encourage contractors to hire Glades residents on County projects.  Due to issues with that concept, as an alternative, staff with PEACE support is proposing the Glades Employee Incentive Program (GEIP).  It will supplement the County’s existing Glades Local Preference Ordinance which provides bidding preferences for Glades businesses; to encourage significant community benefits arising from long term employment.  The GEIP establishes a program providing an incentive payment to contractors (and their subcontractors) who employ Glades residents. Pursuant to the program, a contractor applying for the incentive payment may recover 30% of the new Glades employee(s) wages (including payroll taxes, costs and benefits) on the County project up to a maximum reimbursement of $100,000 per project. To be eligible for the GEIP, the Glades resident must be a full-time employee of the contractor for a minimum of three weeks on the County project and cannot have worked for the contractor claiming the Glades employee for 90 days prior to the project. There are several factors which will determine program success and the ultimate fiscal impact to the County as a result of the GEIP, the two primary being the number and type of projects slated to commence in the Glades and the contractor’s need to make new hires to complete the jobs. As such, Staff is recommending that the GEIP be implemented for a trial period of two years. (Administration) District 6 (JM)

 

 

2.         Staff recommends motion to approve: implementation of the Abundant Community Initiative Pilot Project through the contracting of three neighborhood connectors in the pilot communities of Cabana Colony, Plantation, and San Castle in an amount not to exceed $20,000. SUMMARY: The recommended funding is available in Office of Community Revitalization’s (OCR) Community Connect Initiative Budget and will be used to contract with a  resident in each of the selected pilot communities as neighborhood connectors to spearhead the project implementation.  The neighborhood connector will not be a County employee, and will report to the community leadership group and the OCR Staff.  Last year, the OCR was selected to be part of a national neighborhood leadership group sponsored by the Kettering Foundation and the Asset Based Community Development (ABCD) Institute to exchange, evaluate and adopt successful initiatives to promote community engagement and build community capacity. This pilot project and the contracting of neighborhood residents for its implementation follow the national model already adopted and successfully implemented by the leadership group throughout the United States and Canada. Based on the lessons learned and the evaluation conducted in partnership with the members of this group, OCR will make a recommendation to the Board of County Commissioners (BCC) on whether this pilot project could be used as a prototype that can be replicated and applied to other communities in Palm Beach County. The above project was reviewed and recommended for funding by the Countywide Community Revitalization Team.  An agreement with the neighborhood connectors will be brought to the BCC at a future date for approval. Countywide (AH)

 

 


JANUARY 13, 2015

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve: Voluntary Apprentice Incentive Program (AIP) for County Construction Projects. SUMMARY: The Board has discussed on multiple occasions the implementation of a policy to mandate or encourage use of certified building trade apprentices on County construction projects.  The Board was previously informed that a mandate would not be legally viable. The AIP would be immediately implemented by adding appropriate language to relevant new County construction contracts. The AIP allows contractors (including subcontractors) that actually expend a minimum of $25,000 in apprentice payroll costs to be reimbursed 20% of its apprentice wages up to a maximum of $100,000 for voluntarily using apprentices participating in State training programs. For construction projects of $20,000,000 or greater, the minimum threshold of expenditures for apprentices shall increase to $50,000 and the maximum reimbursement payment to $200,000. This proposal has received support from union and contractor representatives. Cost impact will be dependent upon contractor’s use and the type and size of construction projects commencing, but staff presumes that it will be of similar magnitude to other incentives (SBE, local, Glades) applicable to construction projects. Staff is recommending that the AIP be implemented for a trial period of two years. (Administration) Countywide (JM)

 

 

B.        COOPERATIVE EXTENSION SERVICE

 

1.         Staff recommends motion to approve:

 

A) Second Amendment to the agreement (R2013-0201) with the Friends of the Mounts Botanical Garden, Inc. for funding of a gardener position to assist in the care and maintenance of The Mounts Botanical Garden of Palm Beach County;

 

B)  a Budget Amendment of $49,897 in the Cooperative Extension Revenue Fund to recognize new funding; and

 

C) a Budget Transfer of $19,960 from the General Fund Contingency to Fund 1482 Cooperative Extension Revenue.

 

Summary:  The Friends of the Mounts Botanical Garden, Inc. will provide funding to the County in amount not to exceed $29,937 ($20,050 for salary and $9,887 for fringe benefits) to support 60% of a gardener position beginning February 5, 2015 and ending on February 4, 2016.  Palm Beach County will be funding the remaining $19,960 ($13,367 for salary and $6,593 for fringe benefits) at a funding level of 40% for a total of $49,897.  The position will continue to support The Mounts Botanical Garden of Palm Beach County. District 7 (AH)

 


JANUARY 13, 2015

 

 

5.         REGULAR AGENDA

 

 

C.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve:

 

A) increase of one Systems Architecture Analyst position (Spec # 00969, PG 49) to the complement of the Network Services Division within the Information Systems Services Department (ISS) to be dedicated to the support the County’s Next Generation 9-1-1 system; and

 

B) FY 2015 Budget Amendment in General Fund to recognize $68,691 in revenue from the Countywide 9-1-1 Fund.

 

SUMMARY: Palm Beach County Public Safety Department, 9-1-1 Program Services, has installed one of the first Next Generation 9-1-1 (NG 9-1-1) systems in the United States. Given the technical complexity of this system and the number of 9-1-1 call centers in the County (18), Public Safety has requested full-time technical support from Information Systems Services (ISS) Network Services Division.  This new ISS position will assist in the maintenance, troubleshooting and technical planning of the NG 9-1-1 network.  In last year’s session, the Florida legislature approved CS/CS/HB 175, which includes language authorizing Counties to use 9-1-1 monies to fund ‘technical system maintenance’ personnel.  This position will work in the ISS Network Services Division, with a dotted line reporting relationship to the Public Safety 9-1-1 Program Services Director.  This request is for one additional position to meet the necessary NG 9-1-1 Project workload conditions and will be funded entirely with State provided 9-1-1 revenue. Countywide (PFK)

 

 

D.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: an Interlocal Agreement with the Village of Palm Springs providing for the annexation of two enclaves, generally located south of Diamond Road, east of Military Trail, west of Kirk Road. 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 10 acres through an Interlocal Agreement between the annexing municipality and the County. By Resolution No. 2014-54 adopted on December 11, 2014, the Village of Palm Springs has petitioned the County to enter into such an agreement for the annexation of two enclaves consisting of five parcels totaling 1.87 acres, as identified in Exhibit A of the Interlocal Agreement. The Interlocal Agreement also provides for the annexation of the right-of-way segments identified in Exhibit B 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. The Village has provided written notice to all owners of real property located within the enclaves. 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)


JANUARY 13, 2015

 

5.             REGULAR AGENDA

 

E.            ECONOMIC SUSTAINABILITY

 

1.             Staff recommends motion to:

 

A) conceptually approve the sale of property owned by NOAH Development Corporation (NOAH) to HTG Covenant Villas, LLC, a Florida limited liability company (Purchaser) consisting of the Palm Beach County Housing Authority (Housing Authority) and HTG Housing Group (HTG);

 

B) direct staff to negotiate the terms of a loan agreement with Purchaser to allow Purchaser’s assumption of County’s loans to NOAH, and the restructuring and subordination of that debt to a primary lender in exchange for receipt of $1,000,000 from NOAH’s property sale proceeds;

 

C) conceptually approve the award of $500,000 of HOME funds to Purchaser pursuant to a new loan agreement in exchange for repayment of NOAH’s expended funds and termination of NOAH’s 2013 HOME Loan Agreement (R2013-1808); and

 

D) authorize the County Administrator or his designee to execute a new loan agreement, assignment and assumption and modification of loan agreements, mortgages, promissory notes, restrictive covenants, termination and satisfactions of mortgages, subordination agreements, a new HOME loan agreement, amendments, and all other documents necessary for the transaction.

 

SUMMARY: Covenant Villas is a 144-unit apartment complex in Belle Glade. It was built in 1987 by NOAH, a non-profit organization whose mission has been to create affordable housing in the Glades area.  NOAH used a combination of public and private financing, including the sale of bonds and a County loan and grant in the amount of $2.7 Million to develop Covenant Villas.  Due to economic challenges in the Glades, the project is in need of significant repair and is currently only 40% occupied.  In 2013, the County provided $500,000 to commence rehabilitation on 25 units; however, NOAH continued to face challenges in the rehabilitation process.  To remedy this on-going issue, DES took a proactive role in recognizing the need for a private developer to partner with NOAH and the County to realize the success of this project and the completion of much needed safe and affordable housing in the Glades.  The County has partnered with HTG on numerous successful projects including Pine Run Villas, a $13 Million complex consisting of 63 townhome style affordable rental units in Lake Worth.  HTG submitted an offer to purchase the property in partnership with the Housing Authority and take over the $17 Million rehabilitation and the operation of Covenant Villas. The Housing Authority has committed 116 HUD project rental vouchers to the project. These are grant funds which require no local match. (DES) District 6 (JB)

 

F.             PALM TRAN

 

1.             ADD-ON: Staff requests:

 

A) Board direction regarding the potential purchase of ten (10) paratransit vehicles currently used by Two Wheels, Inc. under the Metro Mobility Management Group, LLC (Metro) Contract; assistance to Two Wheels, Inc., a certified Disadvantaged Business Enterprise providing paratransit services under the Metro Mobility Management Group, LLC (Metro) Contract, by paying off ten paratransit vehicles financed from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp., in exchange for the County retaining the vehicles and receiving a Full General Release and Waiver from Two Wheels, Inc. for any and all claims against the County and Palm Tran, Inc.;

 

B) authorization for the Office of Financial Management and Budget to administratively process a budget transfer up to $385,000 from the General Fund Contingency Reserve; and

 

C) authorization for the Office of Financial Management and Budget to administratively process a budget amendment up to $385,000 in the Palm Tran Fund to recognize funding for the purchase of the pay off for the vehicles. 

 

Summary:  Two Wheels, Inc. (Two Wheels), which is owned by Bettye Jones, is a certified Disadvantaged Business Enterprise (DBE) providing paratransit services under the its Contract with Metro (R2012-0934).  The Contract with Metro will expire on January 31, 2015.  Two Wheels, Inc. will not be providing services for any of the three new providers.  Ms. Jones purchased ten (10) new vehicles  from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp.  In good faith, and in order to meet the needs of the public and the terms of its contract with Metro, Two Wheels purchased ten new vehicles from Advantage Auto Finance Company, LLC and Advantage Funding Commercial Capital Corp. This was done in 2013, prior to the approval of the Settlement Agreement between the County and Metro (R2014-0101) which stipulated an early termination date of January 31, 2015.  Two Wheels will not be providing services for any of the three new paratransit providers. Due to the early termination of the Metro contract, which greatly impacted Two Wheels and was outside of her its control, Ms. Jones Two Wheels is unable to continue to make payments on the vehicles after January 31, 2015.  The Board is being asked for direction regarding the potential assistance of Two Wheels by paying off the vehicles from Advantage Auto Finance and Advantage Funding in exchange for the County retaining the vehicles and receiving a Full General Release and Waiver from Two Wheels for any and all claims against the County and Palm Tran, Inc.  The County can either utilize the vehicles in its Palm Tran fleet benefitting Palm Tran customers, its general fleet benefiting all County Departments, or sell the vehicles.  Staff estimates that the resale value of the vehicles is $150,000 based on the projected mileage as of January 31, 2015.  Payoff quotes have been obtained from Advantage Auto Finance and Advantage Funding totaling $384,041.23.  These quotes are good until January 16, 2015 and January 19, 2015, respectively. Staff estimates that the resale value of the vehicles is $150,000 based on the projected mileage as of January 31, 2015.  Under the new paratransit model, the County purchased 231 new vehicles all of which have been delivered.  Of the 231 vehicles, 35 are designated as spare vehicles.  Options for the Board to consider include:  1) Authorize Staff to negotiate with Advantage Auto Finance and Advantage Funding to purchase the vehicles; or 2) Direct Staff not to negotiate a purchase of the vehicles. Funds for a purchase would come from General Fund Contingency Reserves.  Countywide (DR)

 

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JANUARY 13, 2015

 

 

6.         BOARD APPOINTMENTS

 

 

A.        PARKS & RECREATION

            (Boynton Beach Municipal Golf Course Advisory Committee)

 

1.         Staff recommends motion to appoint:  one regular at-large County member to the Boynton Beach Municipal Golf Course Advisory Committee for a term of January 13, 2015 to June 20, 2015:

 

Nominee                     Seat No.          Requirement              Nominated By:          

 

Stephen John Lucas          1                Citizen at Large            Commissioner Steven L. Abrams

 

            OR

 

Nathaniel Harris Clark        1                Citizen at Large            Commissioner Priscilla A. Taylor

           

Summary:  The Board of County Commissioners, according to the Agreement with the City of Boynton Beach, appoints two regular members and one alternate member to the Boynton Beach Municipal Golf Course Advisory Committee.  Mr. Arthur Matthews, Jr., has filled Seat No. 1 since December 21, 1999, and desires to no longer be on the Committee.  Notice was sent to the Commissioners on September 22, 2014, asking for nominations to fill this vacancy through the remainder of Mr. Matthews’ term (June 20, 2015). Countywide (AH)

 

 


JANUARY 13, 2015

 

 

6.         BOARD APPOINTMENTS

 

 

            B.        PLANNING, ZONING & BUILDING

                        (Land Development Regulation Advisory Board)

 

1.         Staff recommends motion to approve: A) appointment of two new members; and B) reappointment of three members to the Land Development Regulation Advisory Board (LDRAB), for the term from February 4, 2015 to February 2, 2018:

A) appoint two new members: 

 

Appoint                         Seat No.          Seat Requirement                     Nominated By

Daniel Walesky                   8                Residential Builder         Gold Coast Builders Association

 

 

Drew Martin                        12                Environmentalist            Audubon Society of the Everglades

 

      OR

 

Tommy Strowd                   12                Environmentalist            Arthur R. Marshall Foundation for the Everglades

           

B) reappoint three members:

Reappoint                       Seat No.        Seat Requirement                     Nominated By

Joni Brinkman                       9              Municipal Rep.           PBC League of Cities, Inc.

 

Frank Gulisano                    13               Realtor                       Realtor's Association of the Palm Beaches

 

C. Wesley Blackman            17              AICP Planner              PBC Planning Congress

 

SUMMARY:  The Board is comprised of 19 members.  The Unified Land Development Code (ULDC) provides for seven members appointed by the Board of County Commissioners (BCC), one from each Palm Beach County Commissioner as a District appointment, with consideration of expertise in Art. 2.G.3.A.3.b., Qualifications; 10 members that are appointed by a majority of the BCC upon a recommendation by specific organizations: Residential Builder: Gold Coast Builders; Municipal Representative: PBC League of Cities; Engineer: Florida Engineering Society; Architect: American Institute of Architects; Environmentalist: Environmental Organization; Realtor:; Realtor's Association of the Palm Beaches; Surveyor: Florida Surveying and Mapping Society; Citizen Representative: Condominium/HOA Association; Commercial Builder: Association General Contractors of America; and AICP Planner: PBC Planning Congress; and two members appointed at-large, as alternates, by majority vote of the BCC, with consideration of the expertise in Art. 2.G.3.A.3.b., Qualifications. These appointments/reappointments are consistent with the ULDC requirements.  As required by Section 2-443(d) of the Code of Ethics, this Agenda Item Summary will serve as disclosure for Joni Brinkman. Joni Brinkman’s employer contracts with Palm Beach County to provide land planning services for the County. The LDRAB provides no regulation, oversight, management or policy-setting recommendations regarding this contract. Unincorporated (LB)

 

 

 

C.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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JANUARY 13, 2015

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JANUARY 13, 2015

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA, MAYOR

 

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER, VICE MAYOR

 

 

 

 

 

F.         District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR

 

 

 

 

 

 

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."