June 21, 2016 – 9:30 A.M.

FINAL

 

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 21, 2016

 

PAGE             ITEM

 

23                    3I-1*                DELETED: Staff recommends motion to execute: a “Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan” for the Palm Beach County Housing Authority (PBCHA). (DES) (Further staff review)

 

 

 

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

 

 

JUNE 21, 2016

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

 

3.         CONSENT AGENDA (Pages 7 - 38)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 39 - 41)

 

5.         REGULAR AGENDA (Pages 42 - 44)

 

6.         BOARD APPOINTMENTS (Page 45)

 

7.         STAFF COMMENTS (Page 46)

 

8.         COMMISSIONER COMMENTS (Page 47)

 

9.         ADJOURNMENT (Page 47)

 

 

 

 

* * * * * * * * * * *

 

JUNE 21, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Interlocal Agreement with Broward, Miami-Dade and Monroe counties for cost share support of services for the Southeast Florida Regional Climate Change Compact

            3A-2    FY 2016 Extension of Worksharing Agreement with the U.S. Equal Employment Opportunity Commission for processing/resolving complaints of discrimination

Page 8

            3A-3    Amendment of Solicitation/Modification of Contract with U.S. Equal Employment Opportunity Commission for processing/resolving complaints

 

B. CLERK & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Report of County Officials’ Bonds

 

C. ENGINEERING & PUBLIC WORKS

Page 9

            3C-1   Six Resolutions declaring the acquisition of properties necessary for construction of a westbound right turn lane on Lantana Road and Edgecliff Avenue

            3C-2   Preliminary Engineering Agreement with CSX Transportation, Inc. related to the railroad crossing at Haverhill Road

            3C-3   Subordination of utility interests and reimbursement for future facility relocations with FPL on a parcel of land located at the northwest corner of Jog Road and Ranches Road

 

D. COUNTY ATTORNEY

Page 9

            3D-1   Authorize the law firm of Gordon & Doner, P.A. to substitute lead counsel relating to PIP insurance claims for auto-related Fire-Rescue emergency transport services

Page 10

            3D-2   Settlement Agreement in personal injury case of Robert Terwilliger v. Palm Beach County

 

E. COMMUNITY SERVICES

Page 10

            3E-1    Amendment No. 1 with The Young Women’s Christian Association of Palm Beach County, Florida related to emergency shelter for victims of domestic abuse

            3E-2    Contracts for Provision of Financial Assistance with two agencies under the Financially Assisted Agencies program

Page 11

            3E-3    Amendment No. 1 with The Salvation Army for emergency shelter to individuals who are homeless or at-risk of homelessness

            3E-4    UnitedHealthcare Community Plan Provider Credentialing Application to verify DOSS credentials for long-term care managed programs

Page 12

            3E-5    Standard Amendments and Renewal Agreements with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for various senior services programs/projects

Page 13

            3E-6    Farmworker Program Advisory Board appointment

            3E-7    Memorandum of Understanding with CareerSource Palm Beach County, Inc. for delivery of workforce services to farmworkers

            3E-8    Community Action Advisory Board appointment


JUNE 21, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

F. AIRPORTS

Page 14

            3F-1    First Amendment to the Non-Signatory Airline Agreement with Les investissements Nolinor, Inc.

3F-2    First Amendment to the Non-Signatory Airline Agreement with Spirit Airlines, Inc.

3F-3    Second Amendment to the Non-Signatory Airline Agreement with Air Canada

3F-4    Cargo Building Lease Agreement with Airport Terminal Services, Inc. for cargo space at PBIA

Page 15

3F-5    Agreement for Purchase and Sale of property located directly across from PBIA

Page 16

3F-6    Resolution amending the Airport Rules and Regulations related to commercial ground transportation

3F-7    Resolution establishing airport ground transportation fees for transportation network companies

Page 17

3F-8    Amended and Restated Fixed Base Operator Lease Agreement with Galaxy Aviation of Lantana, Inc.            

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 17

            3G-1   County Financing Committee appointment

Page 18

            3G-2   Budget Amendment/Transfers relating to School Impact Fees

            3G-3   Fourteenth Supplemental Palm Beach County Airport System Revenue Bond Resolution relating to debt service

Page 19

            3G-4   Fifteenth Supplemental Palm Beach County Airport System Revenue Bond Resolution for the purpose of refunding all or a portion of outstanding bonds

Page 20

            3G-5   Settlement Agreement in Code Enforcement Lien entered against Kenneth J. & Deborah A. Sooker

            3G-6   Settlement Agreement in Code Enforcement Lien entered against Matthew T. & Patricia T. Beasley

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 21

            3H-1   Continuing services contracts for construction management services with three firms

            3H-2   Amendment No. 1 with AT&T Corp. for development/installation of new communications systems and applications associated with construction projects

Page 22

            3H-3   First extension of Lease Agreement with Floral Acres, LLC for continued nursery use of approximately 20 acres in the Ag Reserve

            3H-4   Third Amendment to Lease Agreement with Pero Family Farms, LLC for continued use of approximately 270.91 acres in the Ag Reserve

            3H-5   Resolution conveying 0.62 acres of surplus property to the City of Belle Glade

Page 23

            3H-6   Amendment No. 1 for property development evaluation assistance with two firms

            3H-7   Consultant Services Authorization No. 4 with Leo A. Daly Company related to the PBSO Detention Facilities Renewal/Replacement Phase 2 project

 

I. ECONOMIC SUSTAINABILITY

Page 23

            3I-1     Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan for the Palm Beach County Housing Authority


JUNE 21, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

J. PLANNING, ZONING & BUILDING

Page 24

            3J-1    Executed standard form agreement for Special Magistrate services with five attorneys

 

K. WATER UTILITIES

Page 24

            3K-1    Receive and file five standard documents

Page 25

            3K-2    Contract with Centerline Utilities, Inc. for the Southern Region RCWM Extension-West Connection project

            3K-3    Deleted

            3K-4    First Amendment with the City of West Palm Beach for wholesale/bulk water purchase

Page 26

            3K-5    Indemnity Agreement with Howell Brothers Family Limited Partnership for connection to the County’s wastewater collection system

            3K-6    Settlement and Release Agreement with AKA Services, Inc. related to the State Road 15 and Gator Boulevard Water Main Extension project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 26

            3L-1    Amendment No. 4 with the Florida Department of Environmental Protection related to the South Lake Worth Implementation project

Page 27

            3L-2    Change Orders with the Florida Department of Environmental Protection

            3L-3    Contract No. GC896 with the Florida Department of Environmental Protection for the Petroleum Restoration Program

            3L-4    Task Assignment No. 10 with the Florida Department of Environmental Protection providing for a reduction of compliance assistance visits

Page 28

            3L-5    Receive and file seven Adopt-A-Natural Area Program Agreements

            3L-6    Authorize ERM to bid on a 0.26 acre vacant parcel adjacent to the Juno Dunes Natural Area at upcoming tax deed sale

Page 29

            3L-7    Resolution declaring County’s intent to acquire an approximate 46.03 acre strip of surplus land from The Board of Trustees of the Internal Improvement Trust Fund

 

M. PARKS & RECREATION

Page 29

            3M-1   Grant Application to the National Recreation and Park Association for out-of-school time programs

Page 30

            3M-2   Receive and file one First Amendment and one Independent Contractor Agreement

 

N. LIBRARY

Page 30

            3N-1   Literacy Coalition of Palm Beach County AmeriCorps Site Application for participation in the Literacy AmeriCorps Palm Beach County project

Page 31

            3N-2   State Aid to Libraries Grant Amendment No. 1 with the Florida Department of State, Division of Library and Information Services increasing the grant amount

 

P. COOPERATIVE EXTENSION SERVICE  -  None


JUNE 21, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

Q. CRIMINAL JUSTICE COMMISSION

Page 31

            3Q-1   Grant Adjustment Notices for two Edward Byrne Memorial Justice Assistance grants

Page 32        

3Q-2   Proposed seat change/appointment to the Criminal Justice Commission

Page 33

            3Q-3   Contracts with two agencies to address reform of the First Appearance Hearing process and diverting those with mental illness from the jail

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE  -  None

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY  -  None

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT -  None

 

AA. PALM TRAN

Page 33

            3AA-1 Resolution to convey two surplus buses to Pasco County, Florida

Page 34

            3AA-2 Agreement with the School Board of Palm Beach County to provide reduced bus passes to students

            3AA-3 Agreement with Broward and Miami-Dade counties and South Florida Regional Transportation Authority for transit fare interoperability

 

BB. YOUTH SERVICES

Page 35

            3BB-1 Contract for Consulting/Professional Services with Prime Time Palm Beach County, Inc. to provide afterschool programs

            3BB-2 Second Amendment with the City of Riviera Beach relating to the Youth Empowerment Center

Page 36

            3BB-3 First Amendment with Friends of Community Services, Inc. for additional Summer Camp Scholarships

 

CC. SHERIFF

Page 36

            3CC-1            Budget Transfer in the Law Enforcement Trust Fund associated with the Port Security grant

Page 37

            3CC-2            Amendment No. 1 with the University of South Florida, Board of Trustees related to the Pedestrian and Bicycle Safety High Visibility Enforcement project

Page 38

            3CC-3            Budget Transfer from Law Enforcement Transfer to various crime and drug prevention and education programs

 

 

JUNE 21, 2016

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 39

            4A       Ordinance establishing exemption for certain Ad Valorem Taxation to encourage economic development for Sikorsky Aircraft Corporation

Page 40

            4B       Section 5339 Federal Transit Administration Grant Application for capital projects

            4C       FY 2016 Section 5307 Federal Transit Administration Grant Application for capital and operating projects

Page 41

            4D       FY 2015 Section 5307 Federal Transit Administration Grant Application for capital projects

 

 

 

REGULAR AGENDA

 

            CRIMINAL JUSTICE COMMISSION

Page 42

            5A-1    2015 Annual Report

 

            ECONOMIC SUSTAINABILITY

Page 42

            5B-1    FY 2016-2017 State Housing Initiatives Partnership budget allocations

Page 43

            5B-2    Resolution approving the issuance of Multifamily Housing Revenue Bonds (Heron Estates Senior project)

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 44

            5C-1   Agreement for Purchase and Sale for three canal right-of-way parcels (43.03 acres) from Dyer C18, LLC for multiuse trail connecting Riverbend Park to the Corbett Wildlife Management Area

 

BOARD APPOINTMENTS  (Page 45)

 

STAFF COMMENTS  (Page 46)

 

COMMISSIONER COMMENTS (Page 47)

 

ADJOURNMENT (Page 47)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) approve an Interlocal Agreement with Broward County, Miami Dade County, and Monroe County for the cost share support of services for the Southeast Florida Regional Climate Change Compact upon execution by all parties and completed no later than February 28, 2018;

 

B) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, authorizing the use of Pollution Recovery Trust Fund for both Palm Beach County’s share of support for the Southeast Florida Regional Climate Change Compact and climate resilience planning expenditures for an additional one-year period through FY2017; and

 

C) approve a Budget Transfer of $50,000 from the Pollution Recovery Trust Fund Reserves to fund the FY2016 portion of the agreement.

 

SUMMARY: Approval of this item advances Palm Beach County’s commitment to climate resilience planning and coordination locally and regionally.  Palm Beach County, along with Miami-Dade and Monroe counties, is entering into an Interlocal Agreement with Broward County for the purpose of providing a single fiscal agent overseeing a contract with the non-profit Institute for Sustainable Communities for the continuation of staffing coordination, project management, and facilitation services for the Southeast Florida Regional Climate Change Compact. Pursuant to the terms of the Interlocal Agreement, each county will contribute $50,000 per year for this purpose. Additionally, the Resolution extends the authorization to expend Pollution Recovery Trust Fund (PRTF) dollars in an amount not to exceed $150,000 to fund the County’s Climate & Sustainability Coordinator position and associated program expenses for an additional one-year period through FY2017. There are sufficient unobligated funds in the PRTF to accommodate this purpose. Countywide (RPB)

 

 

2.         Staff recommends motion to receive and file: the FY2016 Extension of Worksharing Agreement with the U.S. Equal Employment Opportunity Commission (EEOC). SUMMARY: On August 18, 2015, the Board of County Commissioners (BCC) approved the Worksharing Agreement with the EEOC (R2015-0986) for the Office of Equal Opportunity (OEO) to receive payment for processing and resolving complaints of discrimination. The Agreement was extended in 2016. The FY2016 Extension of Worksharing Agreement was signed by the County Administrator on October 20, 2015. On November 26, 1996, the Board of County Commissioners approved staff’s recommendation that future Worksharing Agreements be executed by the County Administrator, or her designee, because of the recurring time constraints involved in this process.  Pursuant to Countywide PPM-CW-O-051, the attached document is now being submitted to the BCC to receive and file. Countywide (DO)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) an Amendment of Solicitation/Modification of Contract (Contract No. EEC45015C0047P00001) with the U. S. Equal Employment Opportunity Commission (EEOC) in the total amount of $74,600 as payment for processing and resolving employment discrimination complaints; and

 

B) a downward Budget Amendment of $5,400 in the General Fund to adjust the budget to the actual contract.

 

SUMMARY: Execution of the Contract is required so that OEO can receive payment for processing and resolving complaints of employment discrimination pursuant to the Worksharing Agreement with the EEOC.  This Contract is for FY2015-2016 and is in the amount of $74,600 ($70,700 - charge processing; $1,500 Intake Services, $1,400 - attendance at EEOC sponsored annual training and $1,000 for FEPA engagement funding). EEOC contracts for all Fair Employment Practices Agencies nationwide provide payment at a rate of $700 per charge. OEO’s contract is for a total of 101 charges. No County funds are required. Countywide (DO)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

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

 

Meeting Type                                  Meeting Date

Zoning                                               March 24, 2016

Comprehensive Plan                      April 27, 2016

 

 

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

 

 

4.         Staff recommends motion to review for sufficiency and to receive and file: the Report of County Officials’ Bonds dated June 2016. 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)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: six resolutions declaring the acquisition of properties designated as parcels 101, 102, and 103 as fee simple road right-of-way and adjacent parcels 301, 302, and 303 as temporary construction easements, necessary for the construction of a westbound right turn lane on Lantana Road and Edgecliff Avenue (Project). SUMMARY: Adoption of these resolutions will initiate eminent domain proceedings for the six parcels (three property owners) which have a total appraised value of $40,750.  The property owners have not accepted the offers to purchase made by Palm Beach County (County) and attempts to negotiate the purchases have been unsuccessful.  Eminent domain proceedings are necessary to acquire the parcels at this time in order to expedite construction of the Project. District 2 (PM)

 

 

2.         Staff recommends motion to approve: a Preliminary Engineering Agreement (Agreement) with CSX Transportation, Inc. (CSXT) for an amount of $31,500 to prepare plans and specifications for their railroad crossing at Haverhill Road, Crossing Number 628099B (Crossing), to accommodate the widening of Haverhill Road from north of Caribbean Boulevard to Beeline Highway (Project). SUMMARY: Approval of the Agreement will allow CSXT to prepare design plans and specifications for the reconstruction of the grade crossing and traffic control devices required for the Project. The cost for CSXT services under this Agreement is estimated at $31,500. District 7 (MRE)

 

 

3.         Staff recommends motion to approve: a subordination of utility interests and reimbursement for future facility relocations with Florida Power & Light Company (FPL) on a parcel of land located at the northeast corner of Jog Road and Ranches Road.  SUMMARY: Approval of the subordination agreement will subordinate an FPL utility license interest and allow Palm Beach County (County) to accept a warranty deed for additional right-of-way. As part of the development conditions associated with a new daycare facility, the property owners are required to provide the County with a corner clip for additional right-of-way on the northeast corner of Jog Road and Ranches Road. District 3 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to authorize: the law firm of Gordon & Doner, P.A., to substitute Robert Gordon, Esq. as lead counsel to perform legal services under the Contract for Professional Legal Services between the County and Gordon & Doner, P.A., dated March 5, 2015. SUMMARY: Since April 1, 2015, the County has contracted with the law firm of Gordon & Doner, P.A., to provide legal services to the County relating to personal injury protection (PIP) insurance claims for auto-related Fire-Rescue emergency transport services.  The contract names Melissa Lewis as the lead attorney to provide legal services to the County, and requires the law firm to obtain the County’s written authorization in order to substitute lead counsel.  On March 8, 2016, the law firm advised the County that Melissa Lewis has left the firm. The law firm has identified Robert Gordon, as the lead attorney to perform the legal services under the contract.  Upon the Board’s approval for the firm to substitute Robert Gordon as lead counsel, the County Attorney’s Office will, in accordance with Florida Bar rules, sign an acknowledgement that the County desires for Gordon & Doner to retain the County’s files and continue to represent the County. Countywide (SGB)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY (Cont’d)

 

2.         Staff recommends motion to approve: a Settlement Agreement, inclusive of attorney’s fees and costs, in the total amount of Seventy Five Thousand Dollars ($75,000) in the personal injury case of Robert Terwilliger v. Palm Beach County Board of County Commissioners, Case No. 502015CA000216XXXXMB AF.  SUMMARY:  On November 20, 2013, Plaintiff, Robert Terwilliger, was operating his motor vehicle northbound on U.S. 1 at or near the intersection of Blue Heron Boulevard when he was rear ended by a Palm Tran bus.  The bus driver caused the accident.  Plaintiff sued Palm Beach County Board of County Commissioners for injuries allegedly sustained in this accident.   The case is currently set on a trial docket that runs from June 27, 2016, to August 5, 2016. The parties have conditionally settled this lawsuit subject to: 1) Board approval; 2) a release of all claims in favor of the County. Countywide (AP)

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:  Amendment No. 1 to Contract for Provision of Services with The Young Women's Christian Association of Palm Beach County, Florida (YWCA) (R2015-1247), for the period October 1, 2015, through September 30, 2016, increasing funding by $11,725 for a new total contract amount not to exceed $43,456. SUMMARY: The purpose of this Amendment is to reallocate Department of Housing and Urban Development (HUD) Emergency Solutions Grant (ESG) funding from Grant Year ‘14.  ESG service dollars are reviewed throughout the contract year and reallocated to best fit the needs of clients.  These reallocated dollars will allow additional clients to be served in an emergency shelter for victims of domestic abuse.  No County funds are required. (Human Services) Countywide (HH)

 

 

2.         Staff recommends motion to approve:

 

A) Contract for Provision of Financial Assistance with Alzheimer’s Community Care, Inc., for the period May 1, 2016, through September 30, 2016, in an amount not to exceed $20,450, to provide electronic ID locator bracelets for at-risk Alzheimer’s patients; and

 

B) Contract for Provision of Financial Assistance with Gulfstream Goodwill Industries, Inc., for the period May 1, 2016, through September 30, 2016, in an amount not to exceed $40,000, to provide hearing aids and interpreting services to senior clients.

 

SUMMARY:  On July 21, 2015, the Board of County Commissioners (BCC) approved funding allocations for the Financially Assisted Agencies (FAA) Program. Initial funding for the Senior Services Category was allocated to Deaf Services, Inc; however, the agency was dissolved in August of 2015.  This allowed the Department to seek the one time augmentation of services from Alzheimer’s Community Care, Inc. and Gulfstream Goodwill Industries, Inc.  Alzheimer’s Community Care, Inc. will increase participation in the Palm Beach County ID Bracelet Program.  They will be able to serve an additional 100 at-risk participants.  The program will help law enforcement to quickly pinpoint a participant’s location by land or by air if needed.  Gulfstream Goodwill Industries, Inc. will provide the senior community hearing aids and interpreting services.  Both Alzheimer’s Community Care, Inc., and Gulfstream Goodwill Industries, Inc. are agencies in good standing and will provide much needed services in the community. (FAA) Countywide (HH)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: Amendment No. 1 to Contract for Provision of Services with The Salvation Army (R2015-1420), for the period October 1, 2015, through September 30, 2016, to reallocate budget between service programs, to provide emergency shelter to individuals who are homeless or at risk of homelessness. SUMMARY: This Amendment is necessary to amend line item allocations. The reallocation of funds will allow The Salvation Army to continue to provide emergency shelter to homeless men at the Center of Hope.  The Evaluations budget line has been removed and funding of $38,500 will be reallocated to Salaries, Building Insurance, Employment Assistance, Life Skills, Furniture and Utilities.  These budgeted line items are used for providing essential services for individuals in emergency shelters as defined by the Department of Housing and Urban Development.  Both The Salvation Army and the Department of Community Services determined that reallocating the funds would provide much needed services to clients at risk of being homeless.  The annual contract allocation remains at $93,000. No County funds are required. (Human Services) Countywide (HH)

 

 

4.         Staff recommends motion to:

 

A) approve UnitedHealthcare Community Plan (UnitedHealthcare) Provider Credentialing Application, to verify Division of Senior Services (DOSS) credentials for long-term care managed programs, as required by Florida Agency for Health Care Administration (ACHA); and

 

B) delegate to the County Administrator, or her designee, signatory authority on re-credentialing applications, and any other necessary documents related to ACHA requirements.

 

SUMMARY:  DOSS is a service provider and currently has a Standard Agreement (R2013-0864) with UnitedHealthcare, a Florida Statewide Medicaid Long Term Care Managed Care Plan (LTCMCP).  DOSS provides services such as Case Management and Adult Day Care to their members. LTCMCP credential verification requires ongoing monitoring and maintenance of providers’ records to ensure that information is accurate and up to date as required by AHCA and in accordance with applicable state law.  DOSS will continue to provide long-term managed care, in-home care, and community based services as a service provider. (DOSS) Countywide (HH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to:

 

A) receive and file:

 

1.   Amendment 002 to Standard Agreement No. IP015-9500 (R2015-1449) for Emergency Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period April 1, 2015, through March 31, 2016, to amend, revise and replace portions of the standard agreement and decrease the overall total funding by $12,000, to provide home energy assistance to seniors; and

 

2.   Amendment 006 to Standard Agreement No. IU013-9500 (R2012-1871) for the Nutrition Services Incentive Program (NSIP) with AAA, for the period October 1, 2014, through September 30, 2015, to amend portions of the standard agreement and decrease the agreement amount by $71,321.70, to provide congregate and home delivered meals to seniors;

 

B) approve:

 

1.   Renewal Agreement IP015-9500 to Standard Agreement No. IP015-9500 (R2015-1449) for EHEAP with AAA, for the period April 1, 2016, through March 31, 2017, in an amount not-to-exceed $21,740, to provide home energy assistance to seniors;

 

2.   Amendment 001 to Master Agreement No. IM015-9500 (R2015-1444) with AAA, for the period July 1, 2015, through June 30, 2018, to add new sections and amend portions of the master agreement;

 

3.   Amendment 001 to Standard Agreement No. IA016-9500 (R2016-0321) for Older Americans Act (OAA) with AAA, for the period January 1, 2016, through December 31, 2016, to revise, remove, add and replace portions of the standard agreement and increase the overall total funding by $59,403, for in-home and community based services; and

 

4.   Amendment 006 to Standard Agreement IA013-9500 (R2013-0433) for OAA with AAA, for the period January 1, 2015, through December 31, 2015, to amend portions of the standard agreement and increase overall total funding by $22,839, to provide assistance to older persons and caregivers; and

 

C) approve Budget Amendment of $87,103 in the DOSS Administration Fund to align the budget to the actual grant awards.

 

SUMMARY:  Grant adjustments are made during the contract year to align services with need. These agreements and amendments outline funding allocations for OAA/NSIP/EHEAP agreement periods and reflect any changes to the approved rates.  AAA provides a spending authority in the amount of $124,966 for client crisis benefits for EHEAP.  EHEAP Amendment 002, and NSIP Amendment 006 were executed by the County Administrator in accordance with Resolution R2013-0242, which delegated authority to County Administrator, or their designee to sign documents related to DOSS/AAA grant amendments.  These receive and file items are being submitted in accordance with Countywide PPM No.CW-O-051 to allow Clerk’s Office to note and receive the executed amendments.  Required County match funds are included in current budget. (DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (HH)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to approve: appointment to the Farmworker Program Advisory Board, effective June 21, 2016:

 

Seat No.

Appointment

Seat Requirement

    Term Ending

7

Katherine Bonner

Workforce Alliance of Palm Beach County Representative (n/k/a CareerSource Palm Beach County, Inc.)

09/30/2018

 

SUMMARY:  The total membership for the Farmworker Career Development Program (FCDP) Farmworker Program Advisory Board shall be no more than nine members, per Resolution No. R2014-0402, comprised of students, representatives of business, education, agencies, and farmworker representatives.  Members shall be concerned citizens who understand the problems encountered by farmworkers and are willing to be advocates for them.  At least one member shall represent the regional workforce agency.  Ms. Bonner represents CareerSource Palm Beach County, Inc. and meets all applicable guidelines and requirements outlined in the Resolution adopted by the Board of County Commissioners on April 1, 2014.  Ms. Bonner has disclosed that she is employed by CareerSource Palm Beach County, Inc., which contracts with the County for services.  The Farmworker Advisory Board provides no regulation, oversight, management, or policy-setting recommendations regarding contracts.  Disclosure of this contractual relationship is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  The FCDP Program Coordinator and staff have recommended this appointment.  Including the current request for appointment, the board makeup will consist of five African American females, three Hispanic females, one Caucasian female, and one African-American male. (Farmworker Career Development Program) Countywide (HH)

 

 

7.         Staff recommends motion to approve: Memorandum of Understanding with CareerSource Palm Beach County, Inc., for the period March 21, 2016, through July 31, 2019, for delivery of workforce services to farmworkers. SUMMARY:  This Memorandum of Understanding (MOU) will establish an organizational framework to integrate the delivery of workforce services into the One-Stop delivery system.  The MOU satisfies the program delivery requirement contained in the Title I of the Workforce Innovation and Opportunity Act. No County funds are required. (Farmworker Career Development Program) Countywide (HH)

 

 

8.         Staff recommends motion to approve: reappointment of the following representative to the Community Action Advisory Board effective June 21, 2016:

 

Seat No.

Reappointment

Seat Requirement

Term Ending

Nominated By

9

Paula Yastremski

Private Sector Representative

  09/30/2019

CAAB

 

SUMMARY:  The total membership for the Community Action Advisory Board (CAAB) shall be no more than 15 members, per Resolution No. R2014-0588, comprised of one-third elected public officials or their representatives, one-third private sector members recommended by the CAAB and one-third low-income representatives selected by a democratic process in the target neighborhoods served.  Members will fully participate in the planning, implementation and evaluation of the Community Services Block Grant program to serve low-income communities.  Ms. Yastremski meets all applicable guidelines and requirements outlined in the Resolution adopted by the Board of County Commissioners (BCC) on May 6, 2014.  Including the current reappointment, the board is comprised of seven African-American females, one African-American male and one Caucasian female. (Community Action Program) Countywide (HH)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  First Amendment to the Non-Signatory Airline Agreement with Les Investissements Nolinor, Inc., a Quebec Corporation (R2016-0337), replacing Exhibit “B” reducing their leasehold at the Palm Beach International Airport effective April 11, 2016.  SUMMARY:  Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1575. Countywide (AH)

 

 

2.         Staff recommends motion to receive and file:  First Amendment to the Non-Signatory Airline Agreement with Spirit Airlines, Inc. (R2016-0157), replacing Exhibit “B” reducing their leasehold at the Palm Beach International Airport effective April 15, 2016. SUMMARY: Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1575. Countywide (AH)

 

 

3.         Staff recommends motion to receive and file: Second Amendment to the Non-Signatory Airline Agreement with Air Canada, a Canadian Corporation (R2016-0156), replacing Exhibit “B” reducing their leasehold at the Palm Beach International Airport effective May 1, 2016. SUMMARY:  Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2014-1575. Countywide (AH)

 

 

4.         Staff recommends motion to receive and file:  Cargo Building Lease Agreement with Airport Terminal Services, Inc. providing for the use of Unit No. 1309 and associated space at the cargo building at the Palm Beach International Airport, commencing March 1, 2016, and terminating September 30, 2016, with automatic annual renewals occurring each October 1st unless canceled. SUMMARY:  Delegation of authority for execution of the standard County agreement above was approved by the Board of County Commissioners in R2010-1392. Countywide (AH)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) approve an Agreement for Purchase and Sale for the following property at a purchase price of $1,737,500 by a supermajority vote.  Said property is located on the north side of Belvedere Road directly across from Palm Beach International Airport (PBIA):

 

AVS Hospitality, LLC, a Florida Limited Liability Company

2201 Belvedere Road, West Palm Beach, FL                                     Parcel   B-2

Purchase Price:                                                                            $1,737,500

Replacement Housing:                                                                N/A

 

B) accept a Memorandum of Agreement to be recorded in the public records to provide notice of this Agreement; and

 

C) approve a Budget Transfer of $1,737,500 in the Airport’s Improvement and Development Fund.

 

SUMMARY: The subject property is a vacant site containing approximately 67,091 square feet (approximately 1.54 acres) and is located on the north side of Belvedere Road just east of North Congress Avenue and directly across from PBIA.  In November 2015, the property was appraised by Anderson & Carr, Inc. at $1,700,000, and in December 2015, a Review Appraisal was completed by Edward E. Wilson, which supported the Anderson & Carr, Inc. determination of value.  An offer to purchase was presented to the Seller on December 17, 2015 at the appraised fair market value of $1,700,000.  Per AECOM’s Memorandum dated April 7, 2016, a settlement was proposed to in the amount of $1,737,500 which reflects a counteroffer and an increase of $37,500 (2.21%) over the approved appraisal and initial offer amount of $1,700,000. If the Board determines that the Seller’s counteroffer is a reasonable and justified amount, this agreement would be considered an Administrative Settlement under the FAA ORDER 5100.37B Chapter 3; Section 2 (3-20).  Airport Revenue is available for the purchase of this property.  Pursuant to the Property & Real Estate Management Ordinance, all purchases, sales and exchanges of real estate must be approved by a supermajority vote (5 Commissioners). Countywide (HJF)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

6.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, amending the Airport Rules and Regulations (R98-220, as amended) as codified in Appendix B of the Palm Beach County Code; amending definitions; providing for regulation of ground transportation services; providing for promulgation of the airport rules and regulations; providing for severability; providing for codification; providing for an effective date; and

 

B) direct the Clerk of the Board to deliver a copy of the Resolution amending the Airport Rules and Regulations to the Municipal Code Corporation for codification upon receipt of an affidavit that the posting requirements of Section 332.08(2), Florida Statutes, have been satisfied.

 

SUMMARY: This Resolution amends the Airport Rules and Regulations (Airport Regulations) related to commercial ground transportation to conform to recent changes to the Vehicle for Hire Ordinance.  The Resolution adopts certain definitions established by the Vehicle for Hire Ordinance to resolve potential conflicts and provides for new definitions. The Resolution clarifies the applicability of ground transportation requirements to better distinguish between types of ground transportation services. The Resolution also provides a requirement that transportation network companies (TNCs) establish and maintain a virtual perimeter (Geo-fence) to prevent TNC drivers from accepting ride requests when located within the boundaries of the Geo-fence established by the Department.  The purpose of the Geo-fence is to prevent TNC drivers from staging on airport roadways and other public airport facilities designated for passenger usage. Countywide (AH)

 

 

7.         Staff recommends motion to adopt: a Resolution establishing airport ground transportation fees for transportation network companies; adopting a new standard form Transportation Network Company Ground Transportation Operating Permit; authorizing the County Administrator, or her designee, to execute the standard form permit on behalf of the Board of County Commissioners; authorizing the County Administrator or his or her designee to enter into certain amendments to the standard form permit; providing for severability; and providing for an effective date. SUMMARY: This Resolution adopts ground transportation permit fees for the operation of transportation network companies (TNCs) at the Palm Beach International Airport (PBI) and establishes a new standard form permit for the operation of TNCs at PBI.  The permit fees will be $2.50 per trip for each instance a TNC driver accesses PBI to pick up passengers at PBI, which is consistent to the fees charged by other airports.  The standard form permit requires TNCs to maintain a virtual perimeter (Geo-fence) that prevents a TNC driver from accepting a ride request when located within the boundaries of the Geo-fence established by the Department. The permit provides TNCs with a designated parking area to be located off airport for staging of drivers of permitted TNCs while waiting to be dispatched.  The purpose of the Geo-fence and designated parking area is to prevent TNC drivers from staging on airport roadways and other public airport facilities designated for passenger usage and to discourage TNC drivers from parking in parking lots of businesses surrounding PBI. The permit establishes requirements related to the use of the designated parking area and airport facilities in connection with TNC operations at PBI. Countywide (AH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

8.         Staff recommends motion to approve: Amended and Restated Fixed Base Operator Lease Agreement (Amended Lease) with Galaxy Aviation of Lantana, Inc. (Galaxy), providing for the lease of an additional 272,491 square feet (+6.3 acres) of unimproved ground at the Palm Beach County Park Airport (Lantana Airport) for the development of aircraft hangars by Galaxy; the lease of  additional hangars to be constructed by the County; the extension of deadlines for completion of required improvements; the renovation of the existing terminal building; and the extension of the lease term to provide 30 years from substantial completion of the construction of a new terminal building or October 1, 2019, whichever occurs first.  SUMMARY: Galaxy provides fixed based operator services at the Lantana Airport pursuant to a Fixed Base Operator Lease Agreement dated December 17, 2013 (R2013-1795), as amended (Original Lease). Galaxy is a Florida corporation with its principal place of business in Lantana, Florida. The Amended Lease provides for: 1) a modified lease term to provide Galaxy sufficient time to amortize its investment in the construction of a new terminal building; 2) the lease of additional unimproved ground at fair market ground rental for the construction of aircraft hangars by Galaxy with rental commencing upon substantial completion of construction or October 1, 2021, whichever occurs first; 3) the lease of hangars to be constructed by the County to replace demolished hangars, subject to payment of percentage rent equal to 65% of annual gross real estate revenues; and 4) the renovation of the existing terminal building at Galaxy’s cost in lieu of demolition with a minimum capital investment of $250,000 and payment of percentage rent equal to 35% of annual gross real estate revenues commencing upon completion of the renovations or October 1, 2020, whichever occurs first. Countywide (HJF)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: the appointment of the following individual to the County Financing Committee for the term beginning August 14, 2016, to August 13, 2018:

 

Nominee                               Seat No.                                Nominated By

Thais Sullivan                      At-Large                                 Commissioner Taylor

 

SUMMARY: On April 3, 2012, the Board of County Commissioners approved the addition of an at-large seat on the County Financing Committee (CFC).  The CFC is currently comprised of the Director of the Office of Financial Management & Budget, a representative from the Clerk & Comptroller’s Office, two representatives from local government agencies, a Board appointee and a County Department Director, if needed.  A memo dated March 22, 2016 was circulated to the BCC notifying the Board that Michael Schmidt, the Board appointee, would not be seeking reappointment when his term expires August 13, 2016.  The Committee’s diversity, including Mr. Schmidt, is comprised of two Caucasian males, two Caucasian females, and one African-American male.  The Board appointee will serve a term of two years, at which time the appointee may be re-appointed, or a new appointee selected by the Board. Countywide (PFK)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to approve:

 

A) Budget Amendment of $1,122,054 School Impact Fee Zone 3 to recognize additional impact fee revenues collected in FY2016 and budget $3,216,000 to the School Impact Fee Zone 3 appropriation account; which includes a transfer from Reserves in the amount of $2,093,946;

 

B) Budget Transfer from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation account for $1,217,300;

 

C) Budget Transfer from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2 appropriation account for $2,572,800; and

 

D) Budget Transfer from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4 appropriation account for $719,260.

 

SUMMARY: Impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected.  These budget transfers and this budget amendment recognize school impact fee revenues as of May 10, 2016 and allow for their appropriation so that the County may remit funds to the School District in accordance with Article 13 of the Unified Land Development Code. Countywide (LB)

 

 

3.         Staff recommends motion to adopt: a Fourteenth Supplemental Palm Beach County Airport System Revenue Bond Resolution of the Board of County Commissioners of Palm Beach County, Florida (the “Fourteenth Supplemental Resolution”) amending and supplementing Palm Beach County Airport System Revenue Bond Resolution No. R84-427 adopted April 3, 1984, as amended in full by Palm Beach County Airport System Revenue Bond Resolution No. R84-1659 adopted November 1, 1984, as amended and supplemented (the “Bond Resolution”), to modify certain provisions of said bond resolution relating to the debt service reserve account established thereunder to permit a series of bonds to be issued with or without being secured by the debt service reserve account or a sub-account therein; authorizing other related and required matters and actions; providing for severability and an effective date.     SUMMARY: The Fourteenth Supplemental Resolution is an amendment to the Bond Resolution for Airport System Revenue Bonds and provides greater flexibility with respect to the debt service reserve account established under the Bond Resolution.  Countywide (PFK)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

4.         Staff recommends motion to adopt: a Fifteenth Supplemental Palm Beach County Airport System Revenue Bond Resolution (the “Fifteenth Supplemental Resolution”) of the Board of County Commissioners of Palm Beach County, Florida supplementing Palm Beach County Airport System Revenue Bond Resolution No. R84-427 adopted April 3, 1984, as amended in full by Palm Beach County Airport System Revenue Bond Resolution No. R84-1659 adopted November 1, 1984, as amended and supplemented (the “Bond Resolution”), authorizing the issuance of not to exceed $75,000,000 in aggregate principal amount of Palm Beach County, Florida Airport System Revenue Refunding Bonds, Series 2016 for the purpose of refunding all or a portion of the outstanding Palm Beach County, Florida Airport System Revenue Bonds, Series 2006A and paying all costs necessary or incidental to the foregoing, as more fully provided for herein; providing for certain details of such bonds; authorizing the form of such bonds and the execution and delivery of such bonds; providing for the application of the proceeds of such bonds; delegating authority to appropriate officials of Palm Beach County, in consultation with Palm Beach County’s Co-Financial Advisors, to determine whether to secure such bonds, all or in part, by the debt service reserve account or a subaccount therein; authorizing obtaining a municipal bond insurance and/or a debt service reserve account insurance policy for all or a portion of such bonds; authorizing the execution and delivery of agreements in connection with any municipal bond insurance policy and/or debt service reserve account insurance policy and the payment of the related premiums; approving the form of a bond purchase agreement and delegating authority to appropriate officials of Palm Beach County to determine certain details of such bonds and to execute and deliver the bond purchase agreement to effect the competitive negotiated sale of the bonds, all subject to the parameters set forth in this resolution; approving the form of and authorizing the distribution of a Preliminary Official Statement in connection with the offering and sale of the bonds and authorizing the execution and delivery by appropriate officials of Palm Beach County of a final Official Statement; appointing the trustee, registrar, and paying agent for such bonds; approving certain tax covenants relating to such bonds; appointing an escrow agent, and providing for the selection of a verification agent for the Series 2006A Bonds to be refunded and approving a form of an escrow deposit agreement and delegating authority to appropriate officials of Palm Beach County to execute and deliver the escrow deposit agreement; providing for the undertaking by Palm Beach County required by rule 15C2-12 of the Securities and Exchange Commission; authorizing other required actions; providing for severability and an effective date. SUMMARY: The County’s Financial Advisors have reviewed the Airport System Revenue Bonds, Series 2006A and determined that these bonds can be currently refunded for a savings. These bonds will be refunded at a not to exceed amount of $75 million on a competitive negotiated basis.  Based on current market conditions, the estimated savings have a net present value of $11,656,512 (16.87%). Countywide (PFK)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

5.         Staff recommends motion to approve: a negotiated Settlement Agreement in the amount of $2,760 for the full satisfaction of a Code Enforcement Lien that was entered against Kenneth J. & Deborah A. Sooker on November 5, 2008.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on August 6, 2008, for property owned by Kenneth J. & Deborah A. Sooker (the “Sookers”) giving them until September 5, 2008 to bring the property located at 21892 High Pine Trail, Boca Raton into full Code Compliance. The property had been cited for a fence installation around a pool without a required building permit. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against the Sookers on November 5, 2008. Code Enforcement issued an Affidavit of Compliance for the property on February 4, 2016 stating that the violation had been corrected as of January 28, 2016. The total accrued lien amount through February 4, 2016, the date on which lien settlement discussions began, totaled $209,124.61, of which the Sookers have agreed to pay the County $2,760 for full settlement of their outstanding Code Enforcement Lien. District 5 (PM)

 

 

6.         Staff recommends motion to approve: a negotiated Settlement Agreement in the amount of $12,000 for the full satisfaction of a Code Enforcement Lien that was entered against Matthew T. & Patricia T. Beasley on October 19, 1998.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on July 1, 1998 on property owned by Matthew T. & Patricia T. Beasley (the “Beasleys”) giving them until September 29,1998 to bring the property located at 2692 Acklins Road, West Palm Beach into full Code Compliance. The property had been cited for replacing windows and remodeling without the required building permits, inspections and Certificate of Completion. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $75 per day was imposed. The CESM then entered a claim of lien against the Beasleys on October 19, 1998. Code Enforcement issued an Affidavit of Compliance for the property on May 19, 2009, stating the code violations had been corrected as of May 14, 2009. The total accrued lien amount through October 9, 2015, the date on which settlement discussions began, totaled $986,698.58, of which the Beasleys have agreed to pay the County $12,000 for full settlement of their outstanding Code Enforcement Lien. District 3 (PM)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Continuing services contracts for Construction Management Services for various capital improvement projects with the following firms:

 

A) Robling Architecture Construction, Inc.;

 

B) The Weitz Company, LLC; and

 

C) Trillium Construction, Inc.

 

SUMMARY: These contracts provide for Construction Management Services associated with the design and construction of various capital projects, to be determined later, which may include new construction, additions, or renovations up to $2,000,000.  Once a project is assigned, a task authorization for preconstruction services will be authorized.  Once the project completes the design phase, a Guaranteed Maximum Price (GMP) will be prepared for the construction phase.  The GMP will include the cost of work required by the construction documents and the construction manager’s fee associated with project construction.  Individual GMP’s will be implemented as amendments or work orders to these annual contracts and will be presented to the appropriate approval authority.  The Contracts are for a period of two years, with one, two-year renewal option.  All of the firms are Palm Beach County businesses. Small Business Enterprise (SBE) goals for the projects will be 15%, and Robling Architecture Construction is an SBE firm. (Capital Improvements Division) Countywide (LDC)

 

 

2.         Staff recommends motion to approve: Amendment No. 1 to the Master Agreement with AT&T Corp. (Construction Master Agreement) (R2013-889) providing for the development and installation of new communications systems and applications associated with construction projects when integration with AT&T provided network services is required.  SUMMARY: The Construction Master Agreement provides the mechanism by which the County can approve individual work authorizations for the development, installation, and integration of various communications systems associated with construction projects. Due to the comprehensive and critical network services provided and maintained by AT&T, through a separate Master Agreement No. 133405UA (R2009-1055), AT&T, through its Network Integration Division, is uniquely qualified to develop, install, and integrate new communications systems and application by providing for: 1) a high level of service, reliability, and resources for troubleshooting and timely repair of failures; and 2) end to end performance responsibility.  The initial term of the Construction Master Agreement was for three years with two two-year extensions.  This is the first renewal Amendment to extend the Agreement for two years.  The funding source for each individual work authorization will be identified prior to the award of the individual work authorization. (CID) Countywide (LDC)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to receive and file: a notice of exercise of the 1st five year extension option under the Lease with Floral Acres, LLC, (R2011-1787), for Floral Acres’ continued nursery use of approximately 20 acres in the Ag Reserve at an annual rental rate of $20,000/year ($1,000/acre).  SUMMARY:  The Lease currently expires on June 30, 2016.  Exercising this first option will extend the term to June 30, 2021.  The annual rental rate is currently $20,000/year ($1,000/acre).  Pursuant to the Lease, Floral Acres has the right to exercise the first two of its five-year options and the Board has no discretionary authority to deny the exercise of the option.  There remain four five-year extension options, the final three extension options are subject to approval by the Board of County Commissioners in its sole discretion.  Property & Real Estate Management (PREM) will continue to have administrative responsibility for this Lease. (PREM) District 5 (HJF)

 

 

4.         Staff recommends motion to approve: a Third Amendment to Lease Agreement with Pero Family Farms, LLC (Pero), (R2001-1541), for Pero’s continued use of approximately 270.91 acres in the Ag Reserve at an annual rate of $135,455/year ($500/acre).  SUMMARY:  The County acquired the 272 acre York property in 2000 for $3,751,050 ($13,791/acre) as part of the Ag Reserve program for preservation of farmland. On September 11, 2001, (R2001-1541), the Board approved a lease with Pero for a term of ten years, with two extension options, each for a period of five years subject to the approval of the County in each instance.  The current term will expire on August, 20, 2016.  This Third Amendment consents to the exercise of the second and final option extending the term for five years from August 21, 2016, to August 20, 2021; replaces Exhibit “C” with updated and improved Florida Department of Agriculture and Consumer Services Best Management Practice Plans; modifies the non-discrimination, insurance and notice provisions to comply with County policy; and adds a provision for no third party beneficiaries.  The annual rental rate will remain at $135,455/year ($500/acre). PREM will continue to have administrative responsibility for this Lease. (PREM) District 5 (HJF)

 

 

5.         Staff recommends motion to:

 

A) adopt a Resolution authorizing the conveyance of the County’s interest in 0.62 acres of surplus property to the City of Belle Glade without charge pursuant to Florida Statutes Section 197.592(3), and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and

 

B) approve a County Deed in favor of the City of Belle Glade.

 

SUMMARY:  In April 2016, the County acquired by Escheatment Tax Deed a 0.62 acre parcel located within the municipal boundaries of the City of Belle Glade.  The parcel serves no present or future County purpose.  The parcel is being conveyed to the City pursuant to Florida Statutes Section 197.592(3), which requires the conveyance of surplus properties acquired by tax deed to the municipality in which it is located.  This conveyance will relieve the County of potential liability for occurrences on the property. The County will retain mineral and petroleum rights in accordance with Florida Statutes Section 270.11, without rights of entry and exploration. This conveyance must be approved by a supermajority vote (5 Commissioners). (PREM) District 6 (HJF)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: Amendment No. 1 to the Contracts for property development evaluation assistance on a continuing contract basis:

 

A) Cotleur & Hearing, Inc. (R2014-0920); and

 

B) Urban Design Studio, LLC d/b/a/ Urban Design Kilday Studios (R2014-0921).

 

SUMMARY: Amendments No. 1 extend the term of these contracts for professional consulting services for property development evaluation assistance for one year.  The Board approved annual contracts on July 1, 2014, and the original Contracts provided for an initial two year term with two one-year renewal options.  Amendments No. 1 will provide services during the first renewal period.  The Small Business Enterprise (SBE) commitment for these contracts is 98% participation for Urban Design Kilday Studios and 95% participation for Cotleur & Hearing, Inc.  Cotleur & Hearing, Inc. has been authorized $73,190 in task work orders, and Urban Design Kilday Studios has $277,927 in task work orders, both with 100% SBE participation.  These two firms are Palm Beach County SBEs. (Capital Improvements Division) Countywide (LDC)

 

 

7.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 4 with Leo A. Daly Company (R2015-1459) to provide planning and design services for PBSO Detention Facilities Renewal/Replacement Phase 2 in the amount of $573,281. SUMMARY: PBSO Detention Facilities Renewal/Replacement Phase 2 consists of design, permitting and construction administration of the MDC Electronics System Renewal/Replacement Project (replacement will take place in Phase 2A and 3 of the Detention Facilities Renewal/Replacement Project) and 25% of the design effort for Phase 3 of the Detention Facilities Renewal/Replacement.  The conceptual design of Phase 3 improvements must be undertaken at this time to fully complete the design of the electronics system replacement project.  A future CSA will be brought to the Board in FY ‘17 for the balance of the design and construction administration services for Phase 3.  Leo A. Daly 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 Small Business Enterprise (SBE) goal of 15%.  SBE participation under this CSA is 10.2%.  Funding for this work was budgeted in FY ‘16 from the Public Building Improvement Fund. (Capital Improvements Division) Countywide (LDC)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         DELETED: Staff recommends motion to execute: a “Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan” for the Palm Beach County Housing Authority (PBCHA).  Summary: The U.S. Department of Housing and Urban Development requires housing authorities to submit a Five Year Plan and an Annual Plan along with an annual certification of their consistency with the Consolidated Plan of the local jurisdiction.  PBCHA has provided an Agency Plan Summary of its Five Year Plan for Fiscal Years 2017-2021 and its Annual Plan for Fiscal Year 2017 to the Department of Economic Sustainability (DES) for review and DES has determined that it is consistent with the Palm Beach County Consolidated Plan.  In its review, DES examined the nine goals outlined in the PBCHA Five Year/Annual Agency Plan and determined that they are consistent with the overall goals and specific housing objectives outlined in the County’s Consolidated Plan including increasing the supply of affordable housing, improving the quality of existing affordable rental housing, and improving access to affordable rental housing.  Since the PBCHA Five Year/Annual Agency Plan is consistent with the County’s Consolidated Plan, staff recommends execution of this certification. Countywide (JB)

 

 

JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to receive and file: executed standard form agreement for Special Magistrate services:

 

A) Agreement for Special Magistrate Services with Thomas H. Dougherty;

 

B) Agreement for Special Magistrate Services with Christy L. Goddeau;

 

C) Agreement for Special Magistrate Services with Earl K. Mallory;

 

D) Agreement for Special Magistrate Services with Alcolya J.L. St. Juste; and

 

E) Agreement for Special Magistrate Services with Fred W. van Vonno.

 

SUMMARY: On December 1, 2015, the Board of County Commissioners approved a standard form agreement for special magistrate services (R2015-1713).  The above-cited five attorneys have executed the standard form agreement agreeing to perform special magistrate services for the County for a period of one year. Countywide (SF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to receive and file: executed Agreements received during the months of February and March 2016.

 

A) Indemnity Agreement with Garrison West Palm Beach Retail, LLC (District 6);

 

B) Utility Concurrency Reservation Agreement with Pulte Home Corporation, No. 09-01076-000 (District 5);

 

C) Standard Potable Water and Wastewater Development Agreement with Life Covenant Church, Inc., No. 01-01240-000 (District 6) (OR BK 28130 PG 927-935);

 

D) Standard Potable Water and Wastewater Development Agreement with CMSJR Development Group, LLC, No. 01-01241-000 (District 2) (OR BK 28130 PG 936-945); and

 

E) Standard Potable Water and Wastewater Development Agreement with LandAmerica Holdings and Investments Group, LLC, No. 01-01239-000 (District 2) (OR BK  28130 PG 946-954A).

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants/ procurement items must be submitted by the initiating Department as a receive and file agenda item and are attached unless the documents have been recorded in the Public Records of Palm Beach County. The documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the Director of the Water Utilities Department (WUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and file. (MJ)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: Contract with Centerline Utilities, Inc. (Contract) for the Southern Region RCWM Extension – West Connection Project in the amount of $525,675.60. Summary: On March 3, 2016, seven bids were received for the Southern Region RCWM Extension – West Connection Project (Project). The Project provides for the construction of an approximately 1,000 linear feet (LF) extension of a new 24-inch reclaimed water main from the Southern Region Water Reclamation Facility (SRWRF). The Project will connect the SRWRF to an existing 24-inch reclaimed water main located adjacent to the Valencia Cove South Development (Development) to provide reclaimed water to the Development as well as additional future reclaimed water demand along Lyons Road. The Project additionally includes the construction of 750 LF of 30-inch casing under the Florida Turnpike and the Lake Worth Drainage District E-2E and E-2W Canals that will contain the 24-inch reclaimed water main.  Centerline Utilities, Inc. was the lowest responsive, responsible bidder in the amount of $525,675.60. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract  is for 180 calendar days and provides for SBE participation of 15.74%. Centerline Utilities, Inc. is not a Palm Beach County company. The Project is included in the FY16 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 15-084) District 5 (MJ)

 

 

3.         DELETED

 

 

4.         Staff recommends motion to approve: First Amendment (Amendment) to Interlocal Agreement Between Palm Beach County and the City of West Palm Beach for Wholesale/Bulk Water Purchase.  Summary: On December 7, 2010, the County and the City of West Palm Beach (City) entered into an interlocal agreement (Agreement) that provided for the sale of bulk water from the City to the County to supply the County's Bay Hill service area (R2010-2048).  The Agreement included: (a) a monthly base charge based on the size of the meter(s); (b) a commodity rate of $3.53/1,000 gallons, subject to increases approved by the City applicable to other bulk service customers; and (c) a take or pay provision which increased to 150,000 gallons/day beginning on October 1, 2013.  Over time, the commodity rate paid by the County has increased to $4.57/1,000 gallons. The County and the City have agreed to changes that will update the terms of the Agreement.  Specifically, the Amendment: (a) removes the monthly base charge; (b) adjusts the commodity fee to $3.89/1,000 gallons; and (c) removes the take or pay provision.  The Amendment will result in savings of $40,000 annually for the Water Utilities Department (WUD) through the reduction of monthly payment amounts. Lastly, the Amendment removes additional language rendered unnecessary by the removal of the take-or-pay provision. District 6 (MJ)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

5.         Staff recommends motion to approve: an Indemnity Agreement between Howell Brothers Family Limited Partnership, a Wyoming Limited Partnership (Property Owner) and Palm Beach County. Summary:  Property Owner owns a certain parcel of undeveloped commercial real estate on Boca Rio Road, south of Glades Road.  In order to connect to the County wastewater collection system, Property Owner proposed a connection into a privately-owned lift station located on an adjacent parcel. County staff approved the proposed connection subject to the Property Owner entering into a Maintenance and Easement Agreement with the adjacent property owner and this Indemnity Agreement with the County. The Maintenance and Easement Agreement secures continued access to the lift station for the Property Owner and ensures the continued maintenance of the lift station. This Indemnity Agreement requires the Property Owner to indemnify, defend, and hold the County harmless if the Property Owner is no longer able to utilize the private wastewater facilities located on the adjacent parcel. Both Agreements run with the land and bind successors to the Property Owner (and, as to the Maintenance and easement Agreement, the owner of the adjacent parcel) to their terms. District 5 (MJ)

 

 

6.         Staff recommends motion to approve: a Settlement and Release Agreement (Settlement Agreement) between Palm Beach County and AKA Services, Inc. (Contractor) in the amount of $139,057.08.  Summary: On August 18, 2015, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Construction Contract for the State Road 15 (Main Street) and Gator Boulevard 16" & 12" Water Main Extension Project (Project) (R2015-1033) with AKA Services, Inc.  The Project provides for the construction of a water main and associated activities in the vicinity of the Belle Glade Airport.  WUD issued a Notice to Proceed to the Contractor on September 21, 2015 with a start date of September 28, 2015.  Due to concerns about the routing of the proposed water main, WUD decided to change the routing to avoid the contaminated soil and subsequently rescinded the Notice to Proceed.  The Notice to Proceed was reissued on November 23, 2015, with a start date of November 30, 2015.  The Settlement Agreement is necessary to address damages that were incurred by the Contractor due to the delay between the issuance of the initial and second Notice to Proceed.  The Settlement Agreement is for the amount of $139,057.08, which is equivalent to the labor and equipment costs of the Contractor for twenty-three days of the Project.  The Contractor has agreed to release the County for any additional claims related to the delay. District 6 (MJ)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file: Amendment No. 4 to the Department of Environmental Protection (DEP) Agreement No. 11PB1 (R2011-0930) which extends the expiration date of the Agreement to January 1, 2017, and replaces Attachment A-3, Grant Work plan with Attachment A-4, Revised Grant Work Plan. SUMMARY: On June 21, 2011, the Board of County Commissioners approved DEP Agreement No. 11PB1 for the South Lake Worth Implementation Project.  Delegation of authority to sign all future time extensions, task assignments, certifications and other forms associated with the Agreement was approved at that time. Districts 1 & 4 (AH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to receive and file:

 

A) Change Order No. 001 to Agreement No. S0751 (R2014-1946) with the Department of Environmental Protection (DEP) which deletes Attachment A-1, Task 6, Completion Dates and replaces it with new task completion dates for the Lake Worth Lagoon restoration project grants; and

 

B) Change Order No. 002 to Agreement No. S0751 (R2014-1946) with the Department of Environmental Protection (DEP) which revises and replaces Attachment A-1, Task 6, Deliverable 2 providing a new completion date for the Seagrass Final Report.

 

SUMMARY: On December 16, 2014, the Board of County Commissioners approved Agreement No. S0751 with the DEP. Delegation of authority to sign all future time extensions, task assignments, certification and other forms associated with this Agreement was approved at that time. Countywide (AH)

 

 

3.         Staff recommends motion to:

 

A) approve Contract No. GC896 with the Florida Department of Environmental Protection (FDEP) for the Petroleum Restoration Program for a term of July 1, 2016, through June 30, 2021; and

 

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

 

SUMMARY: Under Contract No. GC896, the County will continue to perform contamination cleanup activities on behalf of FDEP and administer the Petroleum Restoration Program through the Department of Environmental Resources Management for the five year period of July 1, 2016, through June 30, 2021.  This Contract includes provisions for additional compensation based on terms of the contract.  However, this Contract itself authorizes no work or compensation.  Instead, on an annual basis, FDEP will issue task assignments to the County for specific job tasks necessary to carry out cleanup services at the local level.  The Contract does not include an early termination provision without cause for the County.  No financial impact to the County is anticipated as FDEP will be reimbursing the County for each task assignment performed by the County. Countywide (AH)

 

 

4.         Staff recommends motion to receive and file: Task Assignment No. 10, Amendment No. 1 to Contract No. GC680 (R2007-0882) with the Florida Department of Environmental Protection (FDEP) which provides for a reduction of 150 Compliance Assistance Visits (CAV) in Palm Beach, Martin and St. Lucie counties and a $28,516 reduction in funding from $47,527.50. SUMMARY: On June 11, 2007, the Board of County Commissioners approved Contract No. GC680.  Delegation of authority to sign all future time extensions, task assignments, certification and other forms associated with the Contract was approved at that time. One hundred and fifty of the 250 tasked facilities are no longer eligible for a CAV. Countywide (AH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

5.         Staff recommends motion to receive and file:

 

A) an Adopt-A-Natural Area Program Agreement with Glenn MacLean for the promotion and maintenance of Juno Dunes Natural Area for a period from April 15, 2016, through April 15, 2017;

 

B) an Adopt-A-Natural Area Program Agreement with August Hernandez for the promotion and maintenance of Frenchman’s Forest Natural Area for a period from April 6, 2016, through April 6, 2017;

 

C) an Adopt-A-Natural Area Program Agreement with Patrick Campbell for the promotion and maintenance of Frenchman’s Forest Natural Area for a period from March 30, 2016, through March 30, 2017;

 

D) an Adopt-A-Natural Area Program Agreement with the Astronomical Society of the Palm Beaches, Inc. for the promotion and maintenance of Pine Glades Natural Area for a period from February 22, 2016, through February 22, 2017;

 

E) an Adopt-A-Natural Area Program Agreement with Loggerhead Marinelife Center, Inc. for the promotion and maintenance of Juno Dunes Natural Area for a period from April 15, 2016, through April 15, 2017;

 

F) an Adopt-A-Natural Area Program Agreement with the First Baptist Church of Lantana, Inc. for the promotion and maintenance of Hypoluxo Scrub Natural Area for a period from May 3, 2016, through May 3, 2017; and

 

G) an Adopt-A-Natural Area Program Agreement with the Keshava Radha Yoga, Inc. for the promotion and maintenance of Yamato Scrub Natural Area for a period from May 1, 2016, through May 1, 2017.

 

SUMMARY: On November 17, 2015, the Board of County Commissioners approved the Adopt-A-Natural Area Program Agreement (R2015-1630) for the purpose of promoting the County’s Natural Areas Program. Delegated authority to sign the Agreement was approved at that time. The adopters agree to specified tasks that are suitable to their organization which includes volunteer trash pickups, restoration plantings, guided tours and other events.  This group of adopters will promote the sites in their local neighbourhoods, bring science classes out for tours, maintain trails, participate in astrological events and provide yoga classes. Countywide (AH)

 

 

6.         Staff recommends motion to authorize: the County’s Department of Environmental Resources Management (ERM) to bid up to $10,000 (plus recording fees and outstanding property taxes estimated at $350) for a 0.26-acre vacant parcel at an upcoming tax deed sale. SUMMARY: If successful, the proposed acquisition would preserve approximately 0.26 acres of mangrove habitat adjacent to the 569-acre Juno Dunes Natural Area (JDNA).  The parcel is in an area that was targeted for acquisition as part of the Palm Beach County Environmentally Sensitive Lands Bond Referendum of March 12, 1991, and would be managed as part of JDNA.  The Property Appraiser lists the assessed value as $20,188.  ERM is requesting approval to bid up to $10,000 for this property.  This property will have hydrological and environmental benefits to JDNA, as well as the biological and economic benefits mangroves provide to the estuarine environment, and sport and commercial fisheries.  A pre-bid environmental assessment will be performed on the property by ERM.  A boundary survey will not be obtained due to the low value of the land.  All costs associated with the proposed tax deed acquisition will be paid from the Natural Areas Fund, a non-ad valorem source.  This authorization must be approved by a supermajority vote (5 Commissioners). District 1 (AH)


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

7.         Staff recommends motion to adopt: a Resolution declaring the County’s intent to acquire for permanent conservation, mitigation, and passive recreation purposes, an approximate 46.03-acre strip of surplus land from The Board of Trustees of the Internal Improvement Trust Fund (TIITF) and to incorporate that land into the Loxahatchee Slough Natural Area (Natural Area). SUMMARY: This Resolution declares the County’s intent to acquire and accept by dedication, purchase or other appropriate means, approximately 46.03 acres of surplus land from TIITF upon successful completion of due diligence requirements as may be necessary.  Acquisition and acceptance of this land by the County will: 1) eliminate an in-holding within the 12,869-acre Natural Area; 2) help ensure the environmental and hydrological integrity of the Natural Area; 3) allow the County to create hiking trails across the subject lands; and 4) provide additional mitigation within the County.  Acquisition of the land may be subject to a conservation easement as provided for in Section 704.26, Florida Statutes. District 1 (PM)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to:

 

A) receive and file a Grant Application to the National Recreation and Park Association in partnership with the Walmart Foundation in the amount of $15,000 to support out-of-school time programs for the period of April 4, 2016, to March 1, 2017; and

 

B) receive and file the grant Memorandum of Understanding from the National Recreation and Park Association (NRPA); and

 

C) approve Budget Amendment of $15,000 within the General Fund to establish budget for the approved grant project.

 

SUMMARY:  The Parks and Recreation Department applied for and was awarded a $15,000 NRPA grant for the out-of-school time programs.  The funds are to be used to directly support our efforts to:

 

·         Increase the number of healthy meals children in low-income communities receive through the Summer Food Service Program and the Child and Adult Care Food Program during out-of-school times;

·         Provide nutrition literacy to children and families that creates behavior change by teaching the importance of healthy eating;

·         Implement nutrition and physical activity standards that increase access to healthier foods and increase opportunities for physical activity;

·         Promote meal and program efficiencies that will decrease food waste and lead to more sustainable meal programs.

 

The grant does not require a County match. Countywide (AH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

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

 

A) Shelly Janssen, Youth Dance Instructor, West Boynton Recreation Center, for the period October 1, 2015, through May 26, 2016; and

 

B) LB2 Enterprises, Inc., d/b/a Palm Beach Masters, U.S. Masters Swimming Coach, Lake Lytal Pool, for the period May 4, 2016, through September 30, 2016.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted by the Board to receive and file. Districts 2 & 3 (AH)

 

 

N.        LIBRARY

 

1.         Staff recommends motion to:

 

A) approve a Literacy Coalition of Palm Beach County AmeriCorps Site Application for the County Library’s participation in a Literacy AmeriCorps Palm Beach County Project for the period August 15, 2016, through July 14, 2017; and

 

B) authorize the County Administrator or designee to execute this Application and any necessary forms and certifications.

 

Summary:  This site application, if approved, will provide the County Library with one full-time AmeriCorps member for one year.  This member will contribute 32 hours per week offering conversational English programs, recruiting volunteers, assessing students and presenting student workshops.  The Library will pay a service fee of $6,000 to the Coalition and business-related mileage to the member up to $3,500.  Literacy AmeriCorps, with supplemental funds from the Coalition, will cover all other expenses including Workers’ Compensation, liability, and health coverage.  Funds will be provided through the Library’s FY2016 and FY2017 operating budgets and will have minimal fiscal impact. Countywide (AH)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

N.        LIBRARY (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) State Aid to Libraries Grant Amendment Number 1 to the Grant Agreement between the State of Florida, Department of State, Division of Library and Information Services and Palm Beach County increasing  the grant amount by $2,225 for FY 2016; and

 

B) a Budget Amendment of $2,225 to increase the County Library Fund to reconcile the State Aid to Libraries Grant Budget to the actual award amount of $1,230,021.

 

Summary: The original Grant Agreement was executed by the County Administrator as authorized by the Board of County Commissioners on September 22, 2015 (R2015-0336).  Notification of the award in the amount of $1,227,796 was issued on March 14, 2016. The Board of County Commissioners approved a Receive and File motion and Budget Amendment for this initial award on May 17, 2016 (R2016-0648). As a result of a recalculation by the State, Palm Beach County is eligible to receive additional grant funding in the amount of $2,225 for the FY ‘16 budget year. This amendment recognizes the budget increase. Countywide (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file:

 

A) four Grant Adjustment Notices (GANs) from the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) No. 2014-DJ-BX-0381:

 

1.    GAN 001:   Hold Funds;

2.    GAN 002:   Release Funds;

3.    GAN 003:   Modify the budget to reallocate unused funds;

4.    GAN 004:   Change Grantee Authorized Signing Official;

 

B) three Grant Adjustment Notices (GANs) from the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) No. 2015-DJ-BX-0924:

 

1.    GAN 001:   Hold Funds;

2.    GAN 002:   Release Funds; and

3.    GAN 003:   Change Grantee Authorized Signing Official;

 

SUMMARY:  Palm Beach County was allocated $144,219 in Federal FY2015 funds and $164,802 in Federal FY2016 as part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for expenditure through FY2018. The JAG Program allows local governments to support a broad range of activities to prevent and control crime based on local needs and conditions. The grants were approved to support the Criminal Justice Commission’s existing reentry programs to provide services to reduce recidivism rates in Palm Beach County. These documents have been fully executed on behalf of the Board of County Commissioners (Board) by the Assistant County Administrator in accordance with R2014-1836 and are now being submitted to the Board to receive and file. No County matching funds are required for this grant. Countywide (JB)


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

2.         Staff recommends motion to approve:

A) Proposed seat change of one current member of the Criminal Justice Commission as follows:

Current             Proposed         Appointment         Requirement           Nominated By         Term

Seat No.           Seat No.                                                                                                     Expires

    33                     29                 William L. Kramer   Private Sector          Economic Council   12/31/16

Palm Beach County

 

B) Appointment of one new member to the Criminal Justice Commission as follows:

 

Appoint                        Seat No.           Requirement                Nominated By                Term

Rev. Kevin Jones              22                 Member of the local      Criminal Justice    06/21/16 -12/31/18

Clergy                           Commission

 

SUMMARY: The Criminal Justice Commission (CJC) is comprised of 32 members including 21 public sector members who serve by virtue of their positions and 11 private sector members. Ten of the 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 (BCC). The at-large Clergy Member is nominated for a three-year term by the CJC and appointed by the Board of County Commissioners. The CJC identified six religious organizations to solicit nominations for the Clergy Member seat including: 1) Catholic Dioceses of PBC, PBC Clergy Alliance, Jewish Federation of PBC, Baptist Ministers Conference, Christ Fellowship, and the PBC Baptist Network. The CJC received four nominations and based on selection criteria that included congregational leadership, community involvement, County residency, availability for CJC meetings and service of a three-year term, interest and/or experience with the criminal justice system, and a requirement that they must be ordained, the CJC selected this nominee as the best candidate for this new seat. With the addition of the new Clergy Member, the diversity make up of the CJC consists of 23 males (17 Caucasians, 5 African-Americans, 1 Hispanic-American) and 9 females (5 Caucasians and 4 African-Americans). Countywide (JB)

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a Contract with the Pretrial Justice Institute (PJI) in the amount of $40,000, for the period July 1, 2016, through April 30, 2017, to provide technical assistance for a Pretrial Pilot Project;

 

B) approve a Contract with The Lord’s Place in the amount of $25,000, for the period July 1, 2016, through April 30, 2017, to serve as the fiscal agent for technical assistance through the Corporation for Supportive Housing to create the framework for a FUSE (Frequent Users System Engagement) Program; and

 

C) authorize the County Administrator, or her designee, to execute amendments and documents related to these two agreements, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County’s Attorney’s Office, and within budgeted allocations.

 

SUMMARY: A grant award from the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge Grant Program will fully fund both of these contracts. These contracts further the strategies identified by the MacArthur Grant Core Team of stakeholders including the Judiciary, State Attorney, Public Defender, Sheriff’s Office, The Lord’s Place, Pretrial Services, Clerk’s Office, State and County Probation, West Palm Beach Police Department, PBC Justice Services Division, and Court Administration. The strategies being addressed include reforming the First Appearance Hearing process and diverting those with mental illness from the jail. Both of these entities are non-profits and are uniquely qualified to provide the services needed. Countywide (JB)

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, finding that certain County-owned buses are not needed for the County's transit system or any other County purpose; authorizing the sale, conveyance and transfer of two buses to Pasco County, Florida; approving an Agreement regarding the sale, conveyance and transfer of buses; establishing an effective date; and

 

B) approve an Agreement regarding the sale, conveyance, and transfer of two buses to Pasco County, Florida.

 

Summary: Palm Tran needs to dispose of two 2006 Gillig 40 ft. buses that have reached their useful life and may be sold or transferred with the Federal Transit Administration’s (FTA) approval. Pasco County, FL has approached Palm Tran and expressed a desire to acquire the buses. Further, they have affirmed that they are an entity qualified and eligible to receive a conveyance of personal property from Palm Beach County in accordance with the requirements of Section 125.38, F.S., and that they desire to use the buses for the public or community interest and welfare. FTA requires that all revenue received from the disposal of grant funded items be returned to FTA, therefore fair market value is calculated for transfer, sale and conveyance to non-FTA recipients and if transfer is to another FTA recipient then the nominal fee of $1 is used. Palm Tran will submit the Board's Resolution to the FTA and request written approval to transfer the bus for the agreed sum of $2. These buses were purchased using 100% Federal funds. Countywide (DR)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN (Cont’d)

 

2.         Staff recommends motion to approve:  Agreement with the School Board of Palm Beach County (School Board) to provide bus passes for the period of July 2016 – June 2019.  Summary: Since August 1998, Palm Beach County and the School Board have collaborated to provide reduced price bus passes to their students. This Agreement provides options for semester, monthly and daily passes. The Agreement was approved by the School Board on May 11, 2016. During fiscal years 2014 and 2015, the School Board purchased daily and monthly passes at a cost of $70,682 and $88,800, respectfully. Fiscal year 2016 sales are estimated to exceed $94,000 with the implementation of the semester passes. Countywide (DR)

 

 

3.         Staff recommends motion to:

 

A) rescind the Board of County Commissioner’s approval of  the Agreement Among Broward County and Miami-Dade County and Palm Beach County and South Florida Regional Transportation Authority for Transit Fare Interoperability (R2014-1077) approved on July 22, 2014; and

 

B) approve an Agreement Among Broward County and Miami-Dade County and Palm Beach County and South Florida Regional Transportation Authority for Transit Fare Interoperability.

 

Summary: On June 18, 2013, the Board of County Commissioners (BCC) approved the filing of a Federal Transit Administration (FTA) Grant Application (R2013-0786) in support of Palm Tran’s participation in the development of a regional fare interoperability system. On July 22, 2014, BCC approved two agreements - one agreement for a joint procurement with Broward County Transit (BCT) (R2014-1076) and one agreement with Broward County, Miami-Dade County, and South Florida Regional Transportation Authority (SFRTA) for the "Back Office" software integration (R2014-1077).  The latter agreement was not fully executed by all parties and has not taken effect. Because the "Back Office" Agreement was not approved by Miami-Dade County, a new agreement was developed to address changes arising out of Broward and Palm Beach Counties’ joint procurement of equipment and software and incorporates language regarding the EASY Card system that was not included in the original agreement.  Approval of the Agreement will allow for the expansion of the EASY Card system to Palm Beach County and Broward County. Miami-Dade County will continue to perform the “Back Office” functions as outlined in the original agreement. On January 26, 2016, Broward County approved the Transit Fare Interoperability Agreement. Palm Tran's one time set up costs shall not exceed $10,432 which is included in the FY2016 approved budget. Countywide (DR)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to approve:

 

A) Contract for Consulting/Professional Services with Prime Time Palm Beach County, Inc., for the period of July 1, 2016, through September 30, 2017, in an amount not to exceed $251,699, to provide afterschool programs throughout County schools; and

 

B) Budget Transfer of $58,235 in the General Fund from the Head Start Match reallocation (Unit 1451) for new evidence-based/promising programming to the Prime Time Palm Beach County, Inc. program (Unit 2529) to fund the cost associated with this Contract.

 

Summary:  Prime Time Palm Beach County, Inc. (Prime Time) was founded in 2000 to address the need for higher quality afterschool programs for Palm Beach County youth, with an emphasis on programs that service low-income families.  In 2015, the Board approved a Contract with Prime Time (R2015-0741), under which Prime Time was able to expand its Middle School Out-of-School Time Initiative to include middle school afterschool programs supported by the County and other funders. This Contract will enable Prime Time to continue to provide services to practitioners and youth at 17 sites within the County.  During this Contract period, the following topics will be covered: college and career readiness; health and wellness; STEM (science, technology, engineering and math) programming; social skills/behavior management; families/family involvement; youth leadership programming and youth advisory councils; creation of positive social-emotional environments for staff; and teen engagement. Also, the practitioners will be offered access to professional development training opportunities.  The trainings will continue using an outcomes-driven approach aligning the outcomes with the objectives derived from the 2013 Youth Symposium.  Countywide (HH)

 

 

2.         Staff recommends motion to approve: Second Amendment to Interlocal Agreement with the City of Riviera Beach (R2014-1977) for the reallocation of carry-over funds in the amount of $30,287, for the Youth Empowerment Center Services during the period October 1, 2015, through September 30, 2016. Summary: In 2014, the Board approved an Interlocal Agreement (Agreement) with the City of Riviera Beach (City) to provide funding for its Youth Empowerment Center.  In 2015, the Board approved the First Amendment in the amount of $180,000 and extended the term to September 30, 2016.  However, in 2015, the City encountered delays with the program start-up that resulted in the City being unable to expend the full funding amount during the initial term.  The City requested that the funds be reallocated for use during the current term which expires September 30, 2016. On March 22, 2016, the Board approved carry-over funding (Item 4B), making available the unexpended funds in the amount of $30,287.  The Agreement has a total not-to-exceed amount of $280,000 and has one one-year renewal option remaining. District 7 (HH)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) First Amendment to Contract for Provision of Services (R2016-0459) with Friends of Community Services, Inc., (Friends) to increase the total contract amount from $442,979 to $451,079, for additional Summer Camp Scholarships, for the term April 5, 2016, through September 30, 2016; and

 

B) Budget Transfer of $8,100 in the General Fund from the Youth Violence Initiative (Unit 7678) to the Summer Camp Scholarships program (Unit 2514) to fund the cost associated with this First Amendment.

 

Summary:  The annual Summer Camp Scholarship Program pays full tuition and associated fees for eligible children to attend day camp during the summer months.  In April 2016, the Board approved a Contract for Provision of Services with Friends, for a total contract amount of $442,979, the amount previously allocated by the Board.  The Board’s allocation included an administrative fee of $8,750.  Additionally, the Children’s Services Council of Palm Beach County contributed $1,631,972 for this program year. Juvenile court judges have indicated a need for youth involved in the juvenile justice system to have engagement in activities during the summer months, and many summer camps do not take youth involved in the juvenile justice system or youth over the age of 14.  Staff is recommending $8,100, currently budgeted for the Youth Violence Prevention program, be reallocated to provide additional funded scholarship openings to those youth.  The new total contract amount is $451,079, and does not include any increase to the administrative fee. Countywide (HH)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to approve: a Budget Transfer of $200,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO) to be used for a required match for a Port security grant.  SUMMARY: Florida Statutes 932.7055(5) provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. The funds requested will be used for the required match for the Department of Homeland Security Federal Emergency Management Agency FY2014 Port Security grant award through the Port of Palm Beach. Use of LETF requires approval by the Board, upon request of the Sheriff. The current State LETF balance is $2,564,972. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $2,364,972.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  No new positions are needed and no additional County funds are required. Countywide (LDC)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) receive and file an Amendment No. 1 to Letter of Agreement and Contract, dated May 11, 2016, with the University of South Florida Board of Trustees for the University of South Florida’s Center for Urban Transportation Research, to provide an additional $10,200, in grant funds for the Palm Beach County Sheriff’s Office’s Pedestrian and Bicycle Safety High Visibility Enforcement Project and to extend the grant period from May 30, 2016, through June 13, 2016; and

 

B) approve a Budget Amendment of $10,200 in the Sheriff’s Grant Fund.

 

SUMMARY: On November 3, 2015, the Board of County Commissioners accepted an award from the University of South Florida’s Center for Urban Transportation Research to provide $68,372 in reimbursable funding for overtime expenses to support the Palm Beach County Sheriff’s Office’s Pedestrian and Bicycle Safety High Visibility Enforcement Project (R2015-1583). This Amendment will provide an additional $10,200 in reimbursable funding to support additional overtime expenses and likewise will extend the current grant period from May 30, 2016, through June 13, 2016. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (LDC)

 

 


JUNE 21, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to approve: a Budget Transfer of $380,740 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. F.S. 932.7055(5) also requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2016 estimated donation requirement is $179,499. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $921,536.  The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in F.S. 932.7055. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $2,364,972. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,984,232.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required.  Countywide (JB)

 

 

ORGANIZATION

AMOUNT

2-1-1 Palm Beach/Treasure Coast, Inc.

$30,000

A Child Is Missing, Inc.

$5,000

Alzheimer's Community Care, Inc.

$5,000

Big Dog Ranch Rescue, Inc.

$25,000

Boys & Girls Club of Palm Beach County, Inc. - Belle Glade

$15,000

Boys & Girls Club of  Palm Beach County, Inc. - Wellington

$5,000

Child Rescue Coalition, Inc.

$20,000

Crime Stoppers of Palm Beach County, Inc.

$30,000

Florida Crime Prevention Association, Inc.

$7,000

Florida Fishing Academy, Inc.

$7,500

HACER Ministry Corporation

$20,000

KidSanctuary Campus, Inc.

$10,000

Leadership Palm Beach County, Inc.

$10,000

Mental Health Association of Palm Beach County, Inc.

$10,000

National Center for Missing and Exploited Children

$10,000

Palm Beach County Fishing Foundation, Inc.

$3,740

Palm Beach County Sheriff's Foundation, Inc. - Explorers Program                        

$25,000

Quantum House, Inc.

$5,000

Safety Council of Palm Beach County, Inc. - Mobile Eyes Program

$2,500

Speak Up For The Kids of Palm Beach County, Inc. - Guardian ad Litem

$75,000

Speak Up For The Kids of Palm Beach County, Inc. - Therapeutic Court

$25,000

United States Naval Sea Cadet Corps - American Veterans

$5,000

West Jupiter Community Group, Inc.

$5,000

West Palm Beach Library Foundation, Inc.

$20,000

Zoological Society of the Palm Beaches, Inc.

$5,000

 

 

Total Amount

$380,740


 

 

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


JUNE 21, 2016

 

 

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

 

 

A.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing an exemption from certain Ad Valorem Taxation to encourage economic development in the County for Sikorsky Aircraft Corporation, an existing business; providing for a finding that requirements have been met; providing for the amount of revenue available from Ad Valorem Tax sources for the current Fiscal Year; providing for the amount of revenue lost by virtue of the economic development Ad Valorem Tax exemptions currently in effect; providing for the estimated revenue lost attributable to the exemption granted to Sikorsky Aircraft Corporation; providing for the period of time for which the exemption will remain in effect and the expiration date of the exemption; providing for annual reporting requirement; providing for applicability; providing for inclusion in the Code of Laws and Ordinances; providing for severability; providing for repeal of laws in conflict; and providing for an effective date. Summary: On July 21, 2015, the Board of County Commissioners (BCC) approved Economic Development Incentive Agreement (R2015-0950) with Sikorsky Aircraft Corporation (Sikorsky) providing an Ad Valorem Tax Exemption of up to $128,575 over a three year period, and providing an economic development cash incentive in the amount of $18,200.  The Ad Valorem Tax Exemption is for real property and tangible personal property improvements undertaken in the company’s expansion of a 33,000 square foot addition to its CH-53K Marine helicopter testing facility.  The Agreement requires the company to make a minimum $10.3 Million capital investment, create 14 new full-time equivalent jobs over a three year period at an annualized average wage of $80,000, and maintain those jobs for a period of five years, as well as retain 81 existing jobs for three years. As required under Palm Beach County’s Economic Development Ad Valorem Tax Exemption Program implemented by the BCC through adoption of Ordinance 2013-022, Sikorsky Aircraft Corporation has filed an application with the Property Appraiser’s (PA) office, and the PA has issued a determination that the project meets the requirements under Florida Statutes 196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B to the Ordinance).  On June 7, 2016, the BCC held a preliminary reading of this Ordinance and authorized advertising for public hearing. District 1 (JB)

 


JUNE 21, 2016

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

B.        Staff recommends motion to:

 

1) approve the filing of the Section 5339 Federal Transit Administration (FTA) Grant Application (FL-34-0020) for $6,637,601 in capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in FY2013 ($1,598,755), FY2014 ($1,686,583) FY2015 ($1,719,480) and FY2016 ($1,632,783);

 

2) approve the filing of Standard Form LLL - Disclosure of Lobbying Activities; and

 

3) authorize the Palm Tran Executive Director or Assistant Executive Director through the County Administrator to execute, on behalf of the BCC, and to transmit electronically the BCC’s approval of the grant application, award, and the resulting grant agreement.

 

Summary: The FTA distributes Section 5339 funds to provide public transportation capital grants to assist financing capital projects for bus and bus facilities that will benefit the nation’s transit systems.  The grant will fund the planning, engineering, permitting and a portion of the construction for the expansion of Palm Tran’s South County administrative and maintenance facility, which is at full capacity.  On November 5, 2013, the BCC approved the acquisition of the land to expand the existing facility (R2013-1609), the project will increase space for administration, training/orientation and provide additional parking for buses and employees.  On March 1, 2016, the BCC approved a contract with Colomé and Associates (R2016-0252) for the design and permitting of the expansion and renovation of the Palm Tran South County Facility. The final planning approval is estimated in the fall of 2016, and the projected construction completion date is projected at February 2018.  Execution of the FTA award represents the County’s legal affirmation to abide by FTA and other federal requirements as described in The Master Agreement FTA MA (22) dated October 1, 2015 and approved by the BCC on June 7, 2016.  The grant requires a 20% local match and execution of a Standard Form LLL - Disclosure of Lobbying Activities. The Florida Department of Transportation (FDOT) approved the use of toll revenue credits as the required local 20% match.  No County funds are required. Countywide (DR)

 

 

C.        Staff recommends motion to:

 

1) approve the filing of the FY2016 Section 5307 Federal Transit Administration (FTA) Grant Application for capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in the amount of $16,432,478;

 

2) approve the filing of Standard Form LLL - Disclosure of Lobbying Activities; and

 

3) authorize Palm Tran’s Executive Director or Assistant Executive Director through the County Administrator to execute, on behalf of the BCC, and to transmit electronically the BCC’s approval of the Grant Application, award, and the resulting grant agreement.

 

Summary: FTA distributes Section 5307 funds to provide public transportation capital and operating assistance and for public transportation-related planning.  The FY2016 Grant will fund items necessary for the continued operations of the Palm Tran system including:  replace buses that have reached their useful life $6,000,000, security projects 1% requirement $164,325, replace service vehicles $350,000, facility rehabilitation and maintenance $200,000, general purpose equipment $400,000, preventive maintenance $7,472,695, bus shelters $1,095,458, associated transit improvements $750,000.  Execution of the FTA award represents the County’s legal affirmation to abide by FTA and other federal requirements as described in the Master Agreement FTA MA (22) dated October 1, 2015, and approved by the BCC on June 7, 2016.  The grant requires a 20% local match and execution of a Standard Form LLL - Disclosure of Lobbying Activities. The Florida Department of Transportation approved the use of toll revenue credits as the required local 20% match; therefore, the projects budget lists the capital projects at 100% cost for the federal share, no County funds are required. Countywide (DR)

 

JUNE 21, 2016

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

D.        Staff recommends motion to:

 

1) approve the filing of the FY2015 Section 5307 Federal Transit Administration (FTA) Grant Application (FL-90-X881-01) for capital funds allocated to Palm Beach County Board of County Commissioners (BCC) in the amount of $5,241,131;

 

2) approve the filing of Standard Form LLL - Disclosure of Lobbying Activities; and

 

3) authorize Palm Tran’s Executive Director or Assistant Executive Director through the County Administrator to execute, on behalf of the BCC, and to transmit electronically the BCC’s approval of the Grant Application, award, and the resulting grant agreement.

 

Summary:  In FY2015, Palm Beach County was allocated $15,680,434 in Section 5307 grant funds for capital projects.  On August 18, 2015 (R2015-1069), the BCC approved grant application FL-90-X881 for $10,439,303, which represented the available Section 5307 Grant funds appropriated at the time for FY2015.  The remaining funding is now available and this Amendment will allocate the remaining $5,241,131 as follows:  Replacement of vehicles that have reached their useful life $1,218,287, Palm Tran’s South County facility expansion $3,022,844 and bus shelters $1,000,000.  Execution of the FTA award represents the County’s legal affirmation to abide by FTA and other federal requirements as described in the Master Agreement FTA MA (22) dated October 1, 2015 and approved by the BCC on June 7, 2016.  The grant requires a 20% local match and execution of a Standard Form LLL - Disclosure of Lobbying Activities. The Florida Department of Transportation approved the use of toll revenue credits as the required local 20% match; therefore, the projects budget lists the capital projects at 100% cost for the federal share, no County funds are required.  Countywide (DR)

 

 

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


JUNE 21, 2016

 

 

5.         REGULAR AGENDA

 

 

A.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file: the Criminal Justice Commission’s 2015 Annual Report.  SUMMARY: The CJC is required by County Ordinance 88-16 to submit an annual report to the Board of County Commissioners. This report provides details of each of the CJC committees and projects and the activities they engaged in during 2015. It also provides a listing of the 200 individual volunteers who gave of their time and talents to work on various topics to improve the criminal justice system in the County. Highlights from this report include: 1) selection as one of 20 national sites out of 191 applications for the MacArthur Foundation Safety and Justice Challenge grant program that targets reducing jail populations and racial disparity in the criminal justice system; 2) continuation and enhancements to the Reentry Program; 3) educating over 100 residents about the criminal justice system through two Citizen Criminal Justice Academies; 4) accepting the Chief Judge’s request to design a process to certify vendors who provide Batterers’ Intervention Program classes for court-ordered clients and monitoring these vendors; 5) working with the Domestic Violence Council to bring a specialized domestic violence strangulation training to County criminal justice professionals; and 6) providing coordinated efforts for the municipal, county, state, and federal law enforcement agencies within the County. Countywide (JB)

 

 

B.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve:

 

A) the Fiscal Year 2016-2017 State Housing Initiatives Partnership (SHIP) budget allocations for affordable housing strategies as follows:

 

- Purchase Assistance                                                                                $2,000,000

- Housing Rehabilitation                                                                            $1,000,000

- Emergency Repair                                                                                                $   377,106

- Replacement Housing                                                                             $   500,000

- Foreclosure Prevention                                                                            $   100,000

- Veterans Homeownership and Preservation Program                       $1,000,000

- Rental Housing Entry Assistance                                                          $   250,000

- Developer Assistance Rental Housing                                                $   740,000

- Administrative Costs                                                                                 $   663,000; and

 

B) authorizing the County Administrator to execute the Fiscal Year 2016-2017 Funding Certification for submission to Florida Housing Finance Corporation (FHFC).

 

Summary: Palm Beach County receives an annual allocation from FHFC under the SHIP Program to implement various affordable housing and related activities.  The allocation for Fiscal Year 2016-2017 is $6,630,106.  On April 19, 2016, the Board of County Commissioners (BCC) approved the SHIP Local Housing Assistance Plan (LHAP) for Fiscal Years 2016-2017, 2017-2018 and 2018-2019 (R2016-0535) which included SHIP funded housing strategies.  Approval of this agenda item will allocate the Fiscal Year 2016-2017 funds to housing strategies contained in the approved LHAP.  SHIP regulations require that at least 65% of a local jurisdiction’s SHIP funding be allocated to homeownership activities and that 20% of the funding be allocated to special needs applicants. These are State SHIP funds which require no local match. Countywide (JB)

 


JUNE 21, 2016

 

 

5.         REGULAR AGENDA

 

 

B.        ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida; approving the issuance of not to exceed $12,000,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Bonds (Heron Estates Senior Project) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended and Section 2-190, Palm Beach County Code of Ordinances; and providing an effective date.  Summary: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (Authority), to finance the costs of land acquisition and construction of a 101 unit multifamily rental housing development to be known as Heron Estates Senior Apartments (Project).  The Project will be located at the south east corner of West 17th Court and North Congress Avenue in Riviera Beach.  These units will be rented to qualified persons and families as required by Section 142(d) of the Internal Revenue Code of 1986, as amended (Code).  The Project is expected to receive four percent (4%) low income housing tax credits that will require 100% of the units to be set aside for persons and families at 60% of area median income adjusted for family size for a period of 30 years.  The Borrower is HTG Heron Estates Senior, LLC., and the developer is HTG Heron Estates Senior Developer, LLC, an entity of the principals of the Housing Trust Group of Florida. The Bonds will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower  On June 10, 2016, the Authority held a public hearing with respect to the Bonds as required by Section 147(f) of the Code.  Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, of interest on the Bonds. (HFA of PBC) District 7 (PFK)


JUNE 21, 2016

 

 

5.         REGULAR AGENDA

 

 

            C.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         REVISED SUMMARY: Staff recommends motion to approve:

 

A) an Agreement for Sale and Purchase for three canal right-of-way parcels (43.03 total acres) from Dyer C18 LLC (Dyer), a Florida limited liability company, for $50,400 (land costs), plus appraisal, closing and title insurance costs of $4,280; and

 

B) a division of costs associated with this acquisition as follows: fifty percent of costs will be paid from the Natural Areas Fund, a non-ad valorem source, and fifty percent of costs will be paid using Engineering’s Road Impact Fee Zone 3.

 

SUMMARY: This purchase allows for completion of a 10-mile-long, multiuse trail connecting Riverbend Park to the Corbett Wildlife Management Area.  A portion of the existing canal bank may be needed for the extension of Seminole Pratt Whitney Road. The Property Appraiser lists the assessed value as $16,272 because the parcels are encumbered by an exclusive canal easement held by the South Florida Water Management District; however, the Property Appraiser’s assessment does not reflect the true market value of the property utilizing standard appraisal techniques. A December 2014 appraisal by the Florida Department of Environmental Protection (DEP) assigned a market value of $56,000 for the subject parcels.  The purchase price is 10 percent below the DEP appraised value.  Since the County is taking over an agreement negotiated by DEP, the County will reimburse $3,480 to DEP for the cost of its appraisal.  The County will pay title insurance and closing costs estimated to be less than $800.  A pre-acquisition environmental assessment will be performed on the property by ERM. A boundary survey will not be obtained due to the low value of the land. This acquisition must be approved by a supermajority vote (5 Commissioners). District 1 (PM)

 

 

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


JUNE 21, 2016

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JUNE 21, 2016

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 21, 2016

 

 

8.         COMMISSIONER COMMENTS

 

 

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

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER, MAYOR

 

 

 

 

 

F.         District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR

 

 

 

 

 

 

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."