December 6, 2016 – 9:30 A.M.

FINAL

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

DECEMBER 6, 2016

 

PAGE             ITEM

 

  6                    2C-6                ADD-ON: Proclamation declaring December 1, 2016 as “World AIDS Day” in Palm Beach County. (Sponsored by Commissioner Bernard)

 

19                    3L-2                 REVISED SUMMARY: Staff recommends motion to: A) approve Agreement No. 16PB3 with the Florida Department of Environmental Protection (FDEP), for an amount not to exceed $100,000 providing for construction and monitoring of the Jupiter/Carlin Shore Protection Project (Project), expiring December 31, 2018; B)…C)…SUMMARY: Agreement No. 16PB3 will reimburse the County up to $100,000 for final construction reconciliation and post-construction monitoring for the local-option truck haul nourishment completed in 2015.  Agreement No. 16PB3 requires a local match of up to $100,000 (100% match), which is available in the Beach Improvement Fund from tourist development taxes. Reimbursement is Approved work may be eligible for reimbursement retroactive to January 1, 2013. District 1 (AH) (ERM)

22                    3L-7                 REVISED SUMMARY: Staff recommends motion to: A) approve Work Order No. 1825-07 to the Palm Beach County Dune & Wetland Restoration Annual Contract (Contract) (R2013-1825), Project No. 2013ERM01 with Eastman Aggregate Enterprises, LLC (Eastman) for an amount not-to-exceed $1,409,288.10 providing for dune restoration services for the Singer Island Dune Restoration (Project) for a period of fifty-seven calendar days; B)…C)… Summary:  Work Order No. 1825-07 authorizes Eastman to truck haul sand to the beach for the Project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. Eastman committed to an overall 44.05% SBE participation in the Contract and has achieved 51.83% to date. There is no 58.42% SBE participation on this Work Order since Eastman’s SBE certification lapses in December. An Interlocal Agreement with the City was approved by the Board of County Commissioners (BCC) on October 16, 2012 (R2012-1597 as amended by R2013-0618 and R2014-1832) which established a 20% cost-share of eligible project costs ($281,858). The remaining costs are provided from the Beach Improvement Fund ($564,490) and the Florida Department of Environmental Protection (FDEP) Grant No. 06PB2 ($562,941). An Easement Agreement is required for construction access to the beach and dune areas within the Project limits. District 1 (LDC)

 

34                    4E-1                TIME CERTAIN 10:30 A.M.: Staff recommends motion to approve: a Third Amendment to Interlocal Agreement with the South Florida Water Management District (SFWMD) authorizing issuance of an Invitation for Bids for the sale of the jointly owned 571 acre McMurrain Farm property. (FDO)

 


35                    5A-1                REVISED TITLE & SUMMARY: Staff recommends motion to approve: appointment of one individual to the Health Care District of Palm Beach County (HCD) to fill the seat vacated by Carol Roberts for a four year term commencing on December 6, 2016, and ending September 30, 2020:

Nominee                                  Seat No.           Seat Requirement         Nominated By

Florenzia Watson Davis                3                   Resident of PBC           Mayor Burdick

 

            OR

 

Monroe Nelson Benaim                 3                   Resident of PBC           Comm. Valeche

 

            OR

 

Sean O’Bannon                            3                   Resident of PBC           Vice Mayor McKinlay

                                                                                                            Comm. Berger

            OR

 

James Goldenberg                       3                   Resident of PBC

 

SUMMARY: Per Chapter 2003-326, Laws of Florida, the HCD is comprised of seven members. The appointing authority shall consider the diverse geographic areas of Palm Beach County in selecting individuals to serve on the HCD, and at least one person, but not more than two shall reside in the Glades Area. The Governor shall appoint three members; the Board of County Commissioners shall appoint three members, one of which must be an elected official at the time of appointment; and one member shall be the Director of the Palm Beach County Health Department. Members may serve two four-year terms. Seat No. 3 is currently occupied by Carol Roberts.  Commissioner Roberts will be completing her second and final term on September 30, 2016. The main requirement for the Seat being vacated is that the individual must be a resident of Palm Beach County; however, the Special Act creating the District has specific criteria in Section 5 of the Act regarding limitations of conflicts of financial interests that must be met by both applicants and their spouses. Four Three candidates for Seat No. 3 meet the requirements for District Board members. Countywide (SB HH) (Admin)

 

38                    8B                   ADD-ON: Request approval to present off-site, a Proclamation declaring December 13, 2016 as “Richard and Pat Johnson Day” in Palm Beach County. (Sponsored by Mayor Burdick)

 

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

 

 

DECEMBER 6, 2016

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL/SPECIAL PRESENTATIONS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

            C.        Special Presentations (Page 6)

 

3.         CONSENT AGENDA (Pages 7 - 30)

 

4.         REGULAR AGENDA (Pages 31 - 34)

            TIME CERTAIN 10:30 A.M. (McMurrain Farm Property) (Page 34)

 

5.         BOARD APPOINTMENTS (Page 35)

 

6.         MATTERS BY THE PUBLIC – 2:00 P.M. (Page 36)

 

7.         STAFF COMMENTS (Page 37)

 

8.         COMMISSIONER COMMENTS (Page 38)

 

9.         ADJOURNMENT (Page 38)

 

 

 

 

* * * * * * * * * * *

 

DECEMBER 6, 2016

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 6

            2C-1   Certificate of Congratulations to Michelle Diffenderfer

            2C-2   Certificate of Congratulations to Judith Selzer

            2C-3   Palm Beach County Emergency Management Accreditation Program Day

            2C-4   Certificate of Appreciation to Stephen Hinkel

            2C-5   Proclamation recognizing Tony Fransetta

 

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 7

            3A-1    Expenditure for conversion of 79 existing streetlights to LED in Limestone Creek area

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes: None

            3B-3    Contracts and claims settlements list

            3B-4    List of Finance Department records converted to electronic format

            3B-5    List of Finance Department records scheduled for destruction

 

C. ENGINEERING & PUBLIC WORKS

Page 8

            3C-1   Contract with Lambert Bros., Inc. for construction of the Palmwood Road slip stabilization project

            3C-2   Report of plat recordations

            3C-3   Resolution declaring acquisition of property necessary for westbound right turn lane on Northlake Boulevard at Military Trail

 

D. COUNTY ATTORNEY  -  None

 

E. COMMUNITY SERVICES

Page 9

            3E-1    Amendment No. 2/Contracts for Provision of Financial Services to multiple agencies for various human services programs

Page 10

            3E-2    Farmworker Program Advisory Board appointment/reappointment

            3E-3    Community Action Advisory Board appointments

Page 11

            3E-4    Citizens Advisory Committee on Health & Human Services reappointment

 

F. AIRPORTS

Page 11

            3F-1    Contract with A1 Property Services Group, Inc. for Building 3400 HVAC and roof improvements at PBIA

Page 12

            3F-2    License Agreement with Sixt Rent A Car, LLC for overflow parking in connection with rental car operations at PBIA

            3F-3    Joint Participation Agreement with the Florida Department of Transportation for Runway designation re-marking and airfield signage at North Palm Beach County General Aviation Airport

            3F-4    Joint Participation Agreement with the Florida Department of Transportation for Runway designation re-marking and airfield signage at Palm Beach County Glades Airport


DECEMBER 6, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 13

3F-5 Joint Participation Agreement with the Florida Department of Transportation for Runway designation re-marking and airfield signage at Palm Beach County Park Airport

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 13

            3G-1   Settlement offer in Code Enforcement Lien against Law Star, LLC

            3G-2   Settlement offer in Code Enforcement Lien against Robert Swedenjelm

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 14

            3H-1   Contract with The Airtex Corporation for the Southern Region Operation Center Building A HVAC replacement project

            3H-2   Amendment No. 1 to seven annual roofing construction contracts

Page 15

            3H-3   Change Order No. 4 and No. 5 with The Weitz Company, LLC relating to the Convention Center Parking Garage project

            3H-4   Amendment No. 1 to three architectural services contracts

 

I. ECONOMIC SUSTAINABILITY

Page 16

            3I-1     Deleted

            3I-2     Amendment No. 005 to the Loan Agreement with Community Land Trust of Palm Beach County, Inc.

            3I-3     Settlement offer for full satisfaction of a mortgage loan granted to Jacqueline Blanco

 

J. PLANNING, ZONING & BUILDING - None

 

K. WATER UTILITIES

Page 17

            3K-1    Amendment No. 2 to the Lift Station Rehabilitation Continuing Construction Contract with Hinterland Group, Inc.

            3K-2    Contract for Professional Consultation/Engineering Services with CES Consultants, Inc.

            3K-3    Deleted

Page 18

            3K-4    Resolution revising the Water Utilities Uniform Policies and Procedures Manual

            3K-5    Contract for Professional Consultation/Engineering Services with JLA Geosciences, Inc.

           

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 19

            3L-1    Contract for Consulting/Professional Services with the University of Florida associated with the economic valuation of natural area lands

            3L-2    Agreement No. 16PB3 with the Florida Department of Environmental Protection associated with construction and monitoring of the Jupiter/Carlin Shore Protection project

Page 20

            3L-3    Grant and Cooperative Agreement and Supplement with the U.S. Bureau of Land Management associated with management of the Jupiter Inlet Lighthouse Outstanding Natural Area

            3L-4    Task Assignments with Florida Fish and Wildlife Conservation Commission associated with aquatic vegetation control services

Page 21

            3L-5    Project Agreement Amendment with Florida Inland Navigation District associated with Old Bridge Park Natural Area project

            3L-6    Agreement with the Department of Army for a Pahokee Restoration Study

Page 22

            3L-7    Work Order No. 1825-07 with Eastman Aggregate Enterprises, LLC for dune restoration services for the Singer Island Dune Restoration project

DECEMBER 6, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

M. PARKS & RECREATION

Page 23

            3M-1   Ratify the Mayor’s signature on a Florida Recreation Development Assistance Program Grant Application with the Florida Department of Environmental Protection related to Okeeheelee Park South Lakefront development project

            3M-2   Ratify the Mayor’s signature on a Florida Recreation Development Assistance Program Grant Application with the Florida Department of Environmental Protection related to John Prince Memorial Mound Circle redevelopment project

Page 24

            3M-3   Receive and file fourteen Independent Contractor Agreements

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 25

            3Q-1   Grant Adjustment Notice from the FY 2016 Florida Department of Law Enforcement, Edward Byrne Memorial Justice Assistance Grant

            3Q-2   Data Sharing Agreements with the Florida Department of Law Enforcement

Page 26

            3Q-3   Interlocal Agreement with Florida State University, College of Criminology and Criminal Justice to provide professional/consultation services

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 26

            3S-1    Agreement relating to Clinical Field Experience with Medical Career Academy, Inc.

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 27

            3X-1    Receive and file four Grant Adjustment Notices with the U.S. Department of Justice, Office of Violence Against Women, Grants to Encourage Arrest Policies and Enforcement of Protection Orders

            3X-2    Memorandum of Agreement with Palm Beach State College to formalize the coordination efforts for delivery of forensic exams, advocacy and trauma-informed services

Page 28

            3X-3    Resolution amending the Emergency Medical Services Advisory Council

            3X-4    Resolution authorizing signature authority to sign the FY 2016-2017 annual Emergency Medical Services County Grant Application with the Florid Department of Health

Page 29

            3X-5    Agreement with Sequel TSI of Florida, LLC to establish general conditions and joint processes when providing advocacy services

           

Y. PURCHASING  -  None


DECEMBER 6, 2016

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

Z. RISK MANAGEMENT

Page 29

            3Z-1    Fifth Amendment with Palm Tran, Inc. and the Supervisor of Elections related to participation in the group health insurance plans

 

AA. PALM TRAN  -  None

 

BB. YOUTH SERVICES

Page 30

            3BB-1 Afterschool Arts Outreach 2016/2018 Agreement with Norton Museum of Art, Inc. to provide afterschool arts community education to at-risk youth

 

CC. SHERIFF

Page 30

            3CC-1            Bureau of Justice Assistance, State Criminal Alien Assistance Program FY 2016 Grant related to correctional services

            3CC-2            Department of Justice, Office of Justice Programs FY 2017 Enhanced Collaborative Model to Combat Human Trafficking Grant award

 

 

REGULAR AGENDA

 

ECONOMIC SUSTAINABILITY

Page 31

            4A-1    Resolution approving the issuance of Revenue Bonds for construction of new independent living facilities

            4A-2    Third Amendment to the Palm Beach County Action Plan for FY 2016-2017

 

            ENGINEERING & PUBLIC WORKS

Page 32

            4B-1    Five Year Road Program Ordinance

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 32

            4C-1   Term Contract No. 16070 for Aircraft Insecticide Spraying with Application Dynamics, LLC

 

            YOUTH SERVICES

Page 33

            4D-1   Inter-Agency Agreement with the Florida Department of Children & Families and Contract with The Children’s Home Society of Florida relating to pre- and post-adoption services

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 34

            4E-1    Third Amendment with the South Florida Water Management District authorizing issuance of an Invitation for Bids for sale of the jointly owned 571 acre McMurrain Farm property

 

BOARD APPOINTMENTS  (Page 35)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 36)

 

STAFF COMMENTS  (Page 37)

 

COMMISSIONER COMMENTS (Page 38)

 

ADJOURNMENT (Page 38)

 


DECEMBER 6, 2016

 

 

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

 

 

            1.         Certificate of Congratulations to Michelle Diffenderfer for receiving the Florida Commission on the Status of Women, Florida Achievement Award. (Sponsored by Commissioner Valeche)

 

 

            2.         Certificate of Congratulations to Judith Selzer for receiving the Florida Commission on the Status of Women, Florida Achievement Award. (Sponsored by Commissioner Valeche)

 

 

            3.         Proclamation declaring December 6, 2016 as “Palm Beach County Emergency Management Accreditation Program Day”. (Sponsored by Commissioner Berger)

 

 

            4.         Certificate of Appreciation to Stephen Hinkel for his commitment and dedication to bringing awareness to numerous important causes. (Sponsored by Commissioner Abrams)

 

 

            5.         Proclamation recognizing Tony Fransetta for many years of dedicated service to retired individuals. (Sponsored by Commissioner McKinlay)

 

 

6.         ADD-ON: Proclamation declaring December 1, 2016 as “World AIDS Day” in Palm Beach County. (Sponsored by Commissioner Bernard)

 

 

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


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A) Expenditure of $75,000 for the conversion of 79 existing streetlights to LED streetlights in the Limestone Creek Countywide Community Revitalization Team (CCRT) area;

 

B) Budget Transfer of $75,000 in the OCR Special Projects and Initiatives Fund to combine the Phase I and Phase II projects into a single project, recognize maintenance cost savings, and establish the transfer to the Capital Outlay Fund for the conversion of 79 streetlights; and

 

C) Budget Amendment of $75,000 in the Capital Outlay Fund to recognize and appropriate the transfer from the OCR Special Projects and Initiatives Fund for the Limestone Creek Street Lighting Conversion Project.

 

SUMMARY:  In April of 2016, the Limestone Creek Street Lighting Conversion Project was initiated by members of the Limestone Creek Community Advocates, Inc. to help reduce criminal activity and provide better pedestrian and vehicle safety. The project entails the conversion of the existing 79 streetlights to LED streetlights and funding for the ongoing operation and maintenance of 38 of those lights for a 20-year period. Converting the existing cobra head lights to LED lights will result in an estimated cost savings of $27,500 over a 20-year period. The requested transfer of $75,000 is needed to cover the cost to convert the existing 79 lights to LED lights. Funding for this project is available from remaining funds previously approved by the Board for this project. District 1 (DW)

 

 

B.        CLERK & COMPTROLLER

 

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

 

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners’ meetings:  NONE

 

 

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

 

 

4.         Staff recommends motion to receive and file: a list of Clerk & Comptroller Finance Department records which have been converted to an electronic format.  SUMMARY: These records have been converted from paper to an electronic format. The electronic records will be maintained according to their required retention schedule under the State of Florida’s General Records Schedule GSI-SL for State and Local Government Agencies (Ch. 119, Ch. 257). Countywide (PFK)

 

 

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

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: a Contract with Lambert Bros., Inc. (Lambert) in the amount of $1,127,274.30 for the construction of the Palmwood Road Slope Stabilization Project, from 750 feet north of Donald Ross Road to Susan Avenue (Project).  SUMMARY:  Approval of this Contract will allow Palm Beach County to issue a notice to proceed to Lambert, a Broward County based company, to begin construction of the Project. The proposed work consists of slope stabilization and roadway improvements.  The existing roadway will be milled, overbuilt and widened.  Curb and gutter and a sidewalk are proposed on the west side of the road.  The Palm Beach County Small Business Enterprise (SBE) goal for all projects is 15%.  Lambert has proposed 2.7% SBE participation which does not meet the SBE goal for this project, but the second lowest bidder that met the SBE goal was outside of the ranking of responsive bidders.  Although Lambert is not a Palm Beach County based company, the next lowest bidder was more that 5% higher and therefore the Local Preference Ordinance did not affect the ranking of bidders. District 1 (PM)

 

 

2.         Staff recommends motion to receive and file: a Report of plat recordations from April 1, 2016, through September 30, 2016.  SUMMARY: This report is a summary of subdivision plats recorded during the fiscal quarters since the previous report, as required by the Department of Engineering and Public Works Policies and Procedures Manual Item No. EL-O-2618, governing administrative approval of plats by the County Engineer. Countywide (PM)

 

 

3.         Staff recommends motion to adopt: a Resolution declaring the acquisition of property designated as parcel 101 fee simple road right-of-way, necessary for the construction of a westbound right turn lane on Northlake Boulevard at Military Trail (Project).  SUMMARY: Adoption of this Resolution will initiate eminent domain proceedings for one parcel which has a total appraised value of $90,226. The property owner has not accepted the offer to purchase made by Palm Beach County (County) and attempts to negotiate the purchase have been unsuccessful to date.  Eminent domain proceedings are necessary to acquire the parcel at this time in order to expedite construction of the Project, which is funded in the current Five Year Road Program. District 1 (PM)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 2 to Contract for Provision of Financial Assistance with Gratitude House, Inc. (R2014-1687), for the period October 1, 2016, through September 30, 2017, increasing funding by $55,907 for a new total contract amount not to exceed $164,987, for the provision of residential treatment services for women who meet criteria for substance dependency; and

 

B) Contracts for the Provision of Financial Assistance with the below listed agencies for the period October 1, 2016, through September 30, 2017, in an amount totaling $291,130:

 

1. Gulfstream Goodwill Industries, Inc., for the provision of hearing services to individuals that are hearing impaired, in an amount not to exceed $86,096; and

 

2.   The Ruth and Norman Rales Jewish Family Services, Inc., for the provision of training services to seniors promoting active participation in social, health and wellness opportunities, in an amount not to exceed $75,000; and

 

3.   Pathways To Prosperity, Inc., for the provision of training services for individuals who are willing and ready to move out of poverty, in an amount not to exceed $75,000; and

 

4.   El Sol, Jupiter’s Neighborhood Resource Center, Inc., for the provision of employment services to day laborers to increase the frequency and level of job offers available, in an amount not to exceed $55,034.

 

SUMMARY: On August 16, 2016, the Board of County Commissioners (BCC) approved funding allocations for the Financially Assisted Agencies (FAA) Program. The amendment and contracts being recommended in this item reflect dollar amounts included in the FY 2017 budget. These amendments represent $347,037 of the total FAA funding allocation of $12,132,220. Other contracts and amendments under these programs will be forthcoming upon receipt of all the required information. (Financially Assisted Agencies) Countywide (HH)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: appointment and reappointment to the Farmworker Program Advisory Board, effective December 6, 2016:

 

Seat No.  Appointment                    Seat Requirement         Term Ending    Nominated By

    1           Clairemencia PierreSaint      Student Representative      09/30/2018        Comm. Burdick

                                                                                                                           Comm. Abrams

                                                                                                                           Vice Mayor McKinlay

 

Seat No.  Reappointment                Seat Requirement         Term Ending    Nominated By

    4           Beatriz Solis-Grueso            Farmworker Family             09/30/2018        Comm. Burdick

                                                           Advocate                                                  Comm. Abrams

                                                                                                                           Vice Mayor McKinlay

 

SUMMARY:  The total membership for the Farmworker Career Development Program (FCDP) Farmworker Program Advisory Board shall be no more than nine at-large 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. The appointment and reappointment meet all applicable guidelines and requirements outlined in the Resolution adopted by the Board of County Commissioners on April 1, 2014. The FCDP Coordinator and staff have recommended these appointments. The Board has 9 seats; 5 seats are currently filled with a diversity count of African-American: 3 (60%), Caucasian: 1 (20%) and Hispanic: 1 (20%). The gender ratio (female:male) is 5:0. One of the nominees is an African-American female and one is a Hispanic female. The FCDP Coordinator and staff will conduct targeted outreach in an effort to proffer candidates for appointments that will improve the diversity composition of the Board. (Farmworker Career Development Program) Countywide (HH)

 

 

3.         Staff recommends motion to approve: appointments to the Community Action Advisory Board, effective December 6, 2016:

 

Seat No.       Appointment               Seat Requirement       Term Ending     Nominated By

    2               Kevin L. Jones                Public Sector                     09/30/2017        Vice Mayor McKinlay

                                                           Representative

 

    3               Michael A. Coleman        Public Sector                     09/30/2017        Vice Mayor McKinlay

                                                           Representative

 

SUMMARY:  The total membership for the Community Action Advisory Board (CAAB) shall be no more than 15 at-large 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. The BCC was notified by memo dated October 25, 2016 of Public Sector nominations for appointments. Kevin L. Jones is a representative of Mayor Muoio of the City of West Palm Beach, and Michael A. Coleman is a representative of Mayor Glickstein of the City of Delray Beach. Both Mr. Jones and Mr. Coleman meet all applicable guidelines and requirements outlined in the Resolution adopted by the BCC on May 6, 2014. The Board has 15 seats; 11 seats are currently filled with a diversity count of African American: 9 (82%), Hispanic: 1 (9%) and Caucasian: 1 (9%). The gender ratio (female:male) is 8:3. Both nominees are African American males. The Community Action Program Coordinator and staff will conduct targeted outreach in an effort to proffer candidates for appointments that will improve the diversity composition of the Board. (Community Action Program) Countywide (HH)


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to approve: reappointment to the Citizens Advisory Committee on Health and Human Services (CAC/HHS), effective December 6, 2016:

 

Seat No.  Reappointment                       Seat Requirement             Term Ending  Nominated By

    3         Elizabeth Hernandez Cayson    A Component of the          09/30/2019       Comm. Burdick

                                                              Health & Human Services                          Vice Mayor McKinlay

                                                              System of Care                                        CAC/HHS

 

SUMMARY: The Citizens Advisory Committee on Health and Human Services consists of eleven at-large members with at least one member being a resident west of the 20 Mile Bend and at least one member being a representative of the Palm Beach County League of Cities, per Resolution R2013-1563. Founding members were appointed for one, two and three year terms with subsequent terms of three years. The Resolution creating the CAC/HHS requires the Executive Committee of the Citizens Advisory Committee to solicit and recommend member nominations for transmittal to the Board of County Commissioners. The Board of County Commissioners was notified by memo dated September 27, 2016 and requested to provide nominations for appointment. On September 9, 2016, the CAC/HHS Regular Committee recommended Elizabeth Hernandez Cayson be reappointed. The effective date of Ms. Hernandez Cayson is December 6, 2016, as per the application submittal process. The Board has 11 seats; 10 seats are currently filled with a diversity count of Caucasian: 9 (90%), and African-American: 1 (10%). The gender ratio (female:male) is 6:4. This nominee is a Hispanic female. Ex-officio membership consists of two African-American males (50%), one African-American female (25%) and one Caucasian male (25%). The CAC/HHS and staff will conduct targeted outreach in an effort to proffer candidates for appointments that will improve the diversity composition of the Board. (Community Services Department) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:

 

A) a Contract with A1 Property Services Group, Inc. in the amount of $757,867 for Building 3400 Heating, Ventilating and Air Conditioning (HVAC) and Roof Improvements at Palm Beach International Airport (PBIA); and

 

B) a Budget Transfer of $757,867 in the Airport’s Improvement and Development Fund to provide for the A1 Property Services Group, Inc. contract.  This includes a transfer from Reserves of $757,867.

 

SUMMARY: This project was advertised utilizing the County’s competitive bid process. On July 28, 2016, three bids were received for Building 3400 HVAC and Roof Improvements at PBIA.  Of the three bids, A1 Property Services Group, Inc. a Miami Dade County company has been identified as the lowest responsible/responsive bidder in the amount of $757,867.  The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 11%.  A1 Property Services Group, Inc. has committed to a minimum of 11% DBE participation.  Local funds are being utilized to fund this project. Countywide (AH)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to receive and file:  License Agreement with Sixt Rent A Car LLC, commencing October 1, 2016, terminating September 30, 2017, and providing for the use of 26,460 square feet of paved parking for the overflow parking of vehicles in connection with Sixt’s rental car operations at the Palm Beach International Airport and the payment of license fees in the amount of $1,764.00 per month. SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the Board of County Commissioners in R2007-2070. Countywide (AH)

 

 

3.         Staff recommends motion to:

 

A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $500,000 for the Runway Designation Re-Marking and Airfield Signage at North Palm Beach County General Aviation Airport (F45).  This JPA will become effective upon final execution by the FDOT with an expiration date of January 31, 2019; and

 

B) approve a Budget Amendment of $500,000 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from the FDOT, and budget project cost of $625,000; which includes a transfer from Reserves in the amount of $125,000.

 

SUMMARY: The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $500,000 or 80% of the eligible project costs, whichever is less. Countywide (AH)

 

 

4.         Staff recommends motion to:

 

A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $79,400 for the Runway Designation Re-Marking and Airfield Signage at Palm Beach County Glades Airport (PHK).  This JPA will become effective upon final execution by the FDOT with an expiration date of January 31, 2019; and

 

B) approve a Budget Amendment of $79,400 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from the FDOT, and budget project cost of $99,250; which includes a transfer from Reserves in the amount of $19,850.

 

SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $79,400 or 80% of the eligible project costs, whichever is less. Countywide (AH)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

5.         Staff recommends motion to:

 

A) adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) in the amount of $296,776 for the Runway Designation Re-Marking and Airfield Signage at Palm Beach County Park Airport (LNA). This JPA will become effective upon final execution by the FDOT with an expiration date of January 31, 2019; and

 

B) approve a Budget Amendment of $296,776 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from the FDOT, and budget project cost of $370,970; which includes a transfer from Reserves in the amount of $74,194.

 

SUMMARY:  The FDOT has issued a JPA reflecting their commitment of funding to the above referenced project in the amount of $296,776 or 80% of the eligible project costs, whichever is less. Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $23,284 for the full satisfaction of a Code Enforcement Lien that was entered against Law Star, LLC on April 9, 2015. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on October 1, 2014, on property owned by Law Star, LLC giving them until January 29, 2015, to bring the property located at 11891 U.S. Highway 1, North Palm Beach into full Code Compliance. The property had been cited for expired building permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $100 per day was imposed. The CESM then entered a claim of lien against Law Star, LLC on April 9, 2015. Code Enforcement issued an Affidavit of Compliance for the property stating that as of August 31, 2016, the code violations had been fully corrected. The total accrued lien amount through August 31, 2016, the date in which settlement discussions began, totaled $69,858.82, of which Law Star, LLC has agreed to pay the County $23,284 for full settlement of their outstanding Code Enforcement Lien. District 1 (PM)

 

 

2.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $5,546 for the full satisfaction of a Code Enforcement Lien that was entered against Robert Swedenjelm on March 16, 2016.  SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on December 2, 2015, on property owned by Robert Swedenjelm giving him until January 31, 2016, to bring the property located at 16912 68th Street North, Loxahatchee into full Code Compliance. The property had been cited for the installation of two sheds without permits and change of electrical service for a generator plug-in and security lights without permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Robert Swedenjelm on March 16, 2016. Code Enforcement issued an Affidavit of Compliance for the property stating that as of September 19, 2016, the code violations had been corrected. The total accrued lien amount through September 23, 2016, the date on which settlement discussions first began, totaled $13,744.42, of which Robert Swedenjelm has agreed to pay the County $5,546 for full settlement of his outstanding Code Enforcement Lien. District 6 (PM)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Contract with The Airtex Corporation in the amount of $409,000 for the Southern Region Operation Center (SROC) Building A Heating Ventilation and Air Conditioning (HVAC) Replacement Project.  SUMMARY: The work consists of the replacement of existing air handler with a chilled water air handler, replacement of condensing units with an air cooled chiller, pumps and accessories, upgrade of HVAC controls, and soffit modifications. The existing equipment is more than 13 years old and at the end of its useful life.  It has become expensive to maintain and increasingly difficult to ensure continued operations.  The new equipment will increase efficiency.  The funding for this project is from water utilities user fees.  This work was competitively bid with The Airtex Corporation submitting the lowest responsive, responsible bid.  The Small Business Enterprise participation in this contract is 70%.  The total construction duration is 180 days.  The Airtex Corporation is a Palm Beach County business. (Capital Improvements Division) District 5 (LDC)

 

 

2.         REVISED TITLE: Staff recommends motion to approve: Amendments No. 1 to seven annual roofing construction contracts extending the term for one year and increasing the cumulative maximum value to $3,000,000:

 

Contractor

Original Contract Resolution No.

      Status

Total Dollars

in Work

Orders

to-date

Total SBE

Participation to-date

A) Advanced Roofing, Inc.

R2015-1780

Non-SBE/

Local

$94,784.05

0%

 

B) Empire Roofing Company Southeast, LLC.

R2015-1781

Non-SBE/

Non- Local

$4,394.34

0%

 

C) Hi-Tech Roofing and Sheetmetal, Inc.

R2015-1782

SBE/Local

$581,2367.97

$581,236.97

100%

 

D) Roofing Concepts Unlimited/Florida, Inc.

R2015-1783

Non-SBE/

Local

$33,916.41

0 %

 

E) Tecta America South Florida, Inc.

R2015-1784

Non-SBE/

Local

$31,621.00

0%

 

F) Triple M Roofing Corp.

R2015-1785

Non-SBE/

Non-Local

$0.00

0%

 

G) Tri State Roofing & General Contractors, LLC.

R2015-1786

SBE/Local

$67,106.43

100%

 

SUMMARY: The original contracts were for one year with four one-year renewals with a not-to-exceed cumulative amount of $1,500,000. These contracts are indefinite-quantity contracts and with Amendments No. 1 have a cumulative maximum value of $3,000,000 for the terms. During the first term of the contracts, the County awarded $813,060.20 in work orders.  Staff is bringing forward these Amendments at this time based on the expiration of the term.  This is the first extension allowed by the Contract. The maximum cumulative capacity of these contracts will be $3,000,000.  The Small Business Enterprise (SBE) participation goal for the annual roofing contracts is 15%.  The cumulative SBE participation for all work orders to-date is 79%.  These are bond waiver contracts. All contractors are Palm Beach County businesses, or have Palm Beach County offices with the exception of Empire Roofing Company Southeast, LLC. and Triple M Roofing Corp. (Broward). (Capital Improvements Division) Countywide (LDC)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) Change Order No. 4 to the Contract with The Weitz Company, LLC (R2014-0923) decreasing the Guaranteed Maximum Price (GMP) for the Convention Center Parking Garage project in the amount of $500,000; and

 

B) Change Order No. 5 to the contract with The Weitz Company, LLC (R2014-0923) for the Convention Center Parking Garage project in the amount of $214,353.

 

SUMMARY:  Change Order No. 4 is to return unused contingency funds to the County that will not be needed by The Weitz Company for the completion of the project. This is an initial reimbursement from the construction manager.  Final reconciliation will be provided in a future change order once the project is completed.  Change Order No. 5 provides: 1) surface mounted LED lighting in lieu of pendant light fixtures at each deck in order to eliminate shadows and enhance the interior garage lighting, and 2) additional conduit and wire to the ticket booth to support the installation of credit card readers. As a portion of this Change Order is considered an error by the Architect, they have redesigned at no cost to the County.  Once the project is complete, this error will be evaluated for reimbursement in accordance with County policy.  Change Order No. 4 will be returning funds to the project contingency which exceed the amount of Change Order No. 5; therefore, Change Order No. 5 does not require an amendment to the project budget.  Change Order No. 5 includes 91.6% Small Business Enterprise (SBE) participation. Overall contract SBE participation is 25%. (Capital Improvements Division) District 7 (LDC)

 

 

4.         Staff recommends motion to approve: Amendment No. 1 to the Contracts for architectural services on a continuing contract basis:

 

A) Colomeʹ & Associates, Inc. (R2014-1916);

 

B) Harvard Jolly, Inc. (R2014-1917); and

 

C) Architecture Green, LLC (R2014-1918).

 

SUMMARY: Amendments No. 1 extend the term of these contracts for architectural professional consulting services for one year.  The Board approved annual contracts on December 16, 2014, and the original Contracts provided for an initial two year term with three 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 99% participation for Colomeʹ & Associates, Inc., 38% participation for Harvard Jolly, Inc., and 100% participation for Architecture Green, LLC.  Colomeʹ & Associates, Inc., has been authorized $911,250 in task work orders, with 93% SBE participation, Harvard Jolly, Inc., has been authorized $0 in task work orders, and Architecture Green, LLC., has been authorized $407,676 in task work orders, with 100% SBE participation.  All firms are Palm Beach County businesses. (Capital Improvements Division) Countywide (LDC)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         DELETED

 

 

2.         Staff recommends motion to receive and file: Amendment No. 005 to the Loan Agreement (R2014-1921) with Community Land Trust of Palm Beach County, Inc. (CLT) for the Davis Landings West project, under the Home Investment Partnership Program (HOME).  Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item. The document has been executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Item 3I-4 as approved by the BCC on October 21, 2014.  Amendment No. 005 to the Loan Agreement with the CLT for the Davis Landings West project was executed on September 29, 2016. It extends the expenditure deadline from September 30, 2016 to November 30, 2016, increases the developer fee per unit from $3,000 to $3,500 and allows an earlier release of such fee based on satisfactory project progress. HOME Program matching requirement is met from State Housing Initiatives Partnership funds. District 3 (JB)

 

 

3.         Staff recommends motion to approve:

 

A) a negotiated settlement offer in the amount of $4,000 for the full satisfaction of a Mortgage loan granted to Jacqueline Blanco on December 12, 2006; and

 

B) a Satisfaction of Mortgage.

 

SUMMARY: On December 12, 2006, Jacqueline Blanco granted Palm Beach County a second mortgage on her home at 1021 West 33rd Street, in Riviera Beach, in exchange for the receipt of $13,650.  These funds were expended under the County’s Property Rehabilitation Program for upgrades to her home to address substandard conditions.  The first mortgage lender on her property foreclosed on the home and received a certificate of title to the property from the court on October 10, 2008.  The County’s second mortgage was not included in the foreclosure action therefore it continued as a lien on the property.  The title company for the current property owner, who wishes to sell the property, is unable to provide clear title to the buyer due to the existence of the County’s mortgage.  The current property owner could bring a foreclosure action against the County to eliminate the County’s mortgage.  Staff has evaluated the legal costs associated with a foreclosure action and the probable outcome from such action, and is recommending acceptance of $4,000 in exchange for the satisfaction of the mortgage from Ms. Blanco. The original source of funds was from the Federal Community Development Block Grant (CDBG) Program which required no local match. District 7 (JB)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:  Amendment No. 2 to the Water Utilities Department (WUD) Lift Station Rehabilitation Continuing Construction Contract (Contract) with Hinterland Group, Inc., renewing the Contract for an additional one year and increasing the Contract amount by $2,000,000. SUMMARY: On March 10, 2015, the Board of County Commissioners (BCC) approved the WUD Lift Station Rehabilitation Continuing Construction Contract (Contract) with Hinterland Group, Inc. (R2015-0318). The Contract provides for materials and construction services for system-wide lift station rehabilitation projects in the amount of $6,797,500 over an 18-month term, with the possibility of two one-year renewals.  Hinterland Group, Inc., was the lowest responsive and responsible bidder at a unit price amount significantly below the other bidders.  On March 1, 2016 (R2016-0257), Amendment No. 1 to the Contract increased the Contract amount by $1,000,000 to provide the funding amount necessary for Work Authorization No. 5.  Work Authorization No. 5 provided for the rehabilitation of nine lift stations throughout the WUD service area that, when combined with previous work authorizations, cumulatively exceeded the original Contract amount. There were no time extensions to the Contract as part of this Amendment.  Amendment No. 2 to the Contract will renew the Contract for an additional one year, retroactive to September 30, 2016, and will increase the Contract amount by an additional $2,000,000 to provide the funding amount necessary for additional lift station rehabilitations required throughout the WUD service area. The rehabilitation work undertaken under Amendment No. 2 will include the replacement of pumps, piping, pump guide rails, fences, concrete slabs and driveways to increase reliability, safety, security and ease of maintenance.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. Hinterland Group, Inc. has performed 99.75% SBE participation under the Contract. Hinterland Group, Inc. is a Palm Beach County company. This project is included in the FY17 Capital Improvement Plan adopted by the BCC. (WUD Project No. 14-047) Countywide (MJ)

 

 

2.         Staff recommends motion to approve: a Contract for Professional Consultation/Engineering Services (Contract) with CES Consultants, Inc. for the Water Main Improvements Project (Project) in the amount of $496,389.63.  Summary: The Water Utilities Department (WUD) owns, operates and maintains approximately 2,173 miles of water main pipe throughout its service area. The Contract will provide for engineering services required during the design and construction of 15,935 linear feet of water mains throughout the eastern portion of the WUD service area. The work undertaken as part of the Project will improve system capacity, improve hydraulic efficiencies, eliminate dead ends, and decrease water retention time in the distribution system, resulting in improved water quality. The selected engineering firm was procured under the provisions of Florida Statutes 287.055 (Consultant Competitive Negotiation Act).  The Contract has a term of five years.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The Contract provides for SBE participation of 96%. CES Consultants, Inc. is a Palm Beach County company. (WUD Project No. 15-013) Countywide (MJ)

 

 

3.         DELETED

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida revising the Water Utilities Department’s (WUD) Uniform Policies and Procedures Manual (UPAP).  Summary:  The UPAP contains fees, standards, legal documents, policies and procedures that govern the provision of potable water, wastewater, and reclaimed water services within the WUD service area.  WUD updates the UPAP from time to time to ensure compliance with recently enacted laws and ordinances, and to ensure that it continues to enable effective and efficient delivery of utility services.  The proposed changes include: amendments to allow WUD to place a customer on “cash only” payments for 12 months in the event of any returned check or canceled payment (Chapter 2); modification of the process for reserving utility concurrency to allow submittal of a Utility Request Form and issuance of a Utility Concurrency Letter prior to site plan approval in lieu of the current procedure which requires developers to enter into a Development Agreement or Utility Concurrency Reservation Agreement and submit a Mandatory Agreement Payment/Utility Concurrency Fee in order to reserve capacity (Chapter 3); modification of the master Industrial Wastewater Discharge Permit template to include changes recommended by the Florida Department of Environmental Protection (Chapter 5); application of an administrative fee for returned or stopped payment to all payment (Chapter 6); and modification of Cross-Connection/Backflow Prevention rules to comply regulatory changes that were made to Section 62-555.360, F.A.C. (Chapter 7). A more detailed summary of the proposed changes is attached to the Agenda Item. The proposed changes were reviewed and approved by the WUD Advisory Board on August 26, 2016. (Finance and Administration) Countywide (MJ)

 

 

5.         Staff recommends motion to approve: a Contract for Professional Consultation/Engineering Services (Contract) with JLA Geosciences, Inc. for the System-wide Wellfield Improvements Hydrogeologic, Engineering Design and Construction Services (Project) in the amount of $3,195,573.10.  Summary: This Contract will provide for hydrogeologic, engineering and construction services as part of a multi-year program for the rehabilitation of the Water Utilities Department (WUD) surficial production wells. This Contract will also provide optimization tools for deploying smart wellfield technology to improve wellfield operation thereby reducing future rehabilitation costs and increasing sustainability. The selected engineering firm was procured under the provisions of Florida Statutes 287.055 (Consultant Competitive Negotiation Act).  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall.  JLA Geosciences, Inc. has committed to SBE participation of 70.32% overall. JLA Geosciences, Inc. is a Palm Beach County company. (WUD Project No. 16-017) Districts 2 & 5 (MJ)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to:

 

A) approve a Contract for Consulting/Professional Services with the University of Florida (UF) for an amount not to exceed $67,765 providing for research and consultation services in the area of economic valuation of natural area lands beginning from Notice to Proceed for each Task until December 1, 2017; and

 

B) authorize the County Administrator, or 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:  This Contract provides for an economic valuation of ecosystem services provided by the County’s Natural Areas and will be paid from the Natural Areas Fund, a non-ad valorem funding source.  UF will determine the value using experiment designed surveys completed by a random group of citizens of Palm Beach County.  The surveys explain the ecosystem service processes in layman’s terms and then allow respondents to assign a monetary value for that service.  Returned surveys undergo a statistical analysis to determine the economic value expressed for each service in the study. The ecosystem services discussed include tourism/recreation, groundwater recharge/water storage, flood attenuation and open space property value premiums. Countywide (AH)

 

 

2.         REVISED SUMMARY: Staff recommends motion to:

 

A) approve Agreement No. 16PB3 with the Florida Department of Environmental Protection (FDEP), for an amount not to exceed $100,000 providing for construction and monitoring of the Jupiter/Carlin Shore Protection Project (Project), expiring December 31, 2018;

B) approve Budget Amendment of $100,000 in the Beach Improvement Fund for the Jupiter/Carlin Shore Protection Project; and

 

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

 

SUMMARY: Agreement No. 16PB3 will reimburse the County up to $100,000 for final construction reconciliation and post-construction monitoring for the local-option truck haul nourishment completed in 2015.  Agreement No. 16PB3 requires a local match of up to $100,000 (100% match), which is available in the Beach Improvement Fund from tourist development taxes. Reimbursement is Approved work may be eligible for reimbursement retroactive to January 1, 2013. District 1 (AH)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve Grant and Cooperative Agreement L16AC00163 and Supplement 0001 with the U.S. Bureau of Land Management (BLM) for the management of the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA), for a five-year period commencing July 21, 2016 and ending July 20, 2021;

 

B) approve Budget Amendment of $100,000 in the Natural Areas Fund to recognize the award for the first year; and

 

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

 

Summary:  A Land Stewardship Memorandum of Understanding (MOU) with the BLM to collaborate on the joint management of JILONA was approved on January 15, 2008 (R2008-0072). On September 13, 2011, the Board of County Commissioners approved BLM Grant and Cooperative Agreement L11AC20221 (R2011-1394) for the management of JILONA for a five year period ending September 30, 2016. The new Agreement period overlaps that of the existing Agreement, but does not conflict in terms and funding or deliverables. Supplement 0001 modifies the new Agreement to delete Section 7, Liability, Insurance and Indemnification D2 and changed the Grants Management Officer. The Agreement provides for reimbursement to the County up to $100,000 for the management of JILONA with no County match required. District 1 (AH)

 

 

4.         Staff recommends motion to receive and file:

 

A) Task Assignment Number IP5, Change Order Number 1 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) was initiated by FWC as an internal administrative change not impacting the County’s obligations and therefore not requiring signatures by the County; and

 

B) Task Assignment Number IP5, Change Order Number 2 to Contract No. FWC11357 (R2012-0573) with the FWC provides for the addition of diquat as a control method for Lakes Clarke, Ida, Osborne and Pine as well as 2 additional acres of aquatic weed control in Lake Ida.

 

Summary:  On April 17, 2012, the Board of County Commissioners (BCC) approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control services in Lakes Clarke, Ida, Osborne, and Pine.  On September 13, 2016, the BCC approved Task Assignment Number IP5 (R2016-1178) providing for aquatic vegetation control services for water bodies within Palm Beach County and a cost reimbursement of $50,000 for a term beginning June 24, 2016 to June 30, 2017.  Delegated authority to execute all future time extensions, task assignments, certification, and any other forms associated with this Contract was approved at that time. Countywide (AH)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

5.         Staff recommends motion to receive and file:  Project Agreement Amendment to Project Agreement PB-14-182 (R2014-1939), Old Bridge Park Natural Area Project with the Florida Inland Navigation District (FIND) which extends the project completion term one year from September 30, 2016, to September 30, 2017.  Summary: On December 16, 2014, the Board of County Commissioners (BCC) approved Project Agreement PB-14-182 (R2014-1939) with FIND for the Old Bridge Park Natural Area Project providing 50% funding assistance and a completion date of September 30, 2016. The Project Agreement Amendment allows for additional time for final approval of the technical specifications and the securing of a construction contractor.  On May 6, 2014, the BCC adopted a Resolution for Assistance (R2014-0614) and provided a Delegation of Authority to sign all future time extensions, certifications, and other forms associated with this Agreement and any necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement. District 7 (AH)

 

 

6.         Staff recommends motion to:

 

A) approve an Agreement with the Department of the Army, represented by the U.S. Army Engineer, Jacksonville District, for a Pahokee Restoration study at a cost of $700,000 to be shared equally between the Army and the County and which begins upon execution and expires upon completion of the work or three years;

 

B) adopt a Resolution authorizing the Clerk of the Board to disburse $350,000 from the Vessel Registration Fee Trust Fund to cover a portion of the feasibility study costs;

 

C) approve a Budget Transfer of $350,000 in the Environmental Enhancement Freshwater Fund from Reserves to cover the cost of the County’s share; and

 

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

Summary:  This Agreement will provide funding for a feasibility study to identify environmental restoration projects within Lake Okeechobee that, upon study acceptance, may be eligible for up to $10,000,000 in Federal project construction dollars. The total study cost is $700,000 and will be shared by the U.S. Army Corps of Engineers 50% and Palm Beach County 50%. District 6 (AH)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

7.         REVISED SUMMARY: Staff recommends motion to:

 

A) approve Work Order No. 1825-07 to the Palm Beach County Dune & Wetland Restoration Annual Contract (Contract) (R2013-1825), Project No. 2013ERM01 with Eastman Aggregate Enterprises, LLC (Eastman) for an amount not-to-exceed $1,409,288.10 providing for dune restoration services for the Singer Island Dune Restoration (Project) for a period of fifty-seven calendar days;

 

B) approve a Budget Amendment of $281,858 in the Beach Improvement Fund to recognize the City of Riviera Beach’s (City) cost share; and

 

C) approve a Temporary Easement Agreement for Construction Access (Agreement) with KT 5000 LLC to facilitate the Project which shall be effective upon execution through the completion of one dune restoration project, or April 1, 2017; whichever is earlier.

 

Summary:  Work Order No. 1825-07 authorizes Eastman to truck haul sand to the beach for the Project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. Eastman committed to an overall 44.05% SBE participation in the Contract and has achieved 51.83% to date. There is no 58.42% SBE participation on this Work Order since Eastman’s SBE certification lapses in December. An Interlocal Agreement with the City was approved by the Board of County Commissioners (BCC) on October 16, 2012 (R2012-1597 as amended by R2013-0618 and R2014-1832) which established a 20% cost-share of eligible project costs ($281,858). The remaining costs are provided from the Beach Improvement Fund ($564,490) and the Florida Department of Environmental Protection (FDEP) Grant No. 06PB2 ($562,941). An Easement Agreement is required for construction access to the beach and dune areas within the Project limits. District 1 (LDC)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Florida Recreation Development Assistance Program (FRDAP) grant application submitted to the State of Florida Department of Environmental Protection (FDEP) on October 24, 2016, requesting $200,000 to fund 50% of the project elements associated with the Okeeheelee Park South Lakefront Development grant project;

 

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

 

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

 

Summary: This grant application requests $200,000 from FRDAP for the Okeeheelee Park South Lakefront Development project.  Project elements include a new boat ramp, hiking trail, picnic facilities, equestrian trail, bike path, restroom, parking and associated infrastructure.  Total project costs identified in this grant application are $400,000.  The grant request is $200,000, and requires a $200,000 (50%) match which will be funded from the 2004 $50 Million Waterfront Access and Preservation General Obligation Bond.  If the grant is awarded, the grant period should run from September 2017 until September 2019 with a one year extension.  Once the project is complete, the Project Agreement requires a Notice of Limitation of Use to be recorded in public records limiting the project site to outdoor recreation for the use and benefit of the public in perpetuity as part of the close-out documentation. District 2 (AH)

 

2.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on a Florida Recreation Development Assistance Program (FRDAP) grant application submitted to the State of Florida Department of Environmental Protection (FDEP) on October 24, 2016, requesting $200,000 to fund 50% of the project elements associated with the John Prince Memorial Park Mound Circle Redevelopment Project grant;

 

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

 

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

 

 

Summary: This grant application requests $200,000 from FRDAP for the John Prince Memorial Park Mound Circle Redevelopment project. Project elements include renovation of the cricket field, bike trail, and picnic facilities as well as construction of a new dog park, bike trail, parking and landscaping. Total project costs identified in this grant application are $400,000.  The grant request is $200,000, and requires a $200,000 (50%) match which will be funded from Zone 2 Park Impact Fees. Grant funding will be used for the renovation portions of the project.  If the grant is awarded, the grant period should run from September 2017 until September 2019 with a one year extension.  Once the project is complete, the Project Agreement requires a Notice of Limitation of Use to be recorded in public records limiting the project site to outdoor recreation for the use and benefit of the public in perpetuity as part of the close-out documentation. District 3 (AH)

DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

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

 

A) Modern Bujutsu Karate Florida, Inc., Martial Arts Instructor, CMAA Therapeutic Recreation Complex, for the period of October 1, 2016, through September 30, 2017;

 

B) Anastasia Scruggs, Creative Dance Instructor, CMAA Therapeutic Recreation Complex, for the period of October 1, 2016, through September 30, 2017;

 

C) M. Regina Rodrigues, Gentle Yoga TRIP and Community Program Instructor, CMAA Therapeutic Recreation Complex, for the period of October 1, 2016, through September 30, 2017;

 

D) M. Regina Rodrigues, Gentle Yoga Adults/Seniors Instructor, CMAA Therapeutic Recreation Complex, for the period of October 1, 2016, through September 30, 2017;

 

E) Gold Coast Gymnastics, Inc., Tiny Tot Tumbling Instructor, West Boynton Recreation Center, for the period of October 6, 2016, through September 30, 2017;

 

F) Shelly M. Janssen, Youth Dance Instructor, West Boynton Recreation Center, for the period of October 1, 2016, through June 3, 2017;

 

G) Modern Bujutsu Karate Florida, Inc., Martial Arts Instructor, West Boynton Recreation Center, for the period of October 5, 2016, through September 30, 2017;

 

H)  Palm Beach County Officials Association, Inc., Fall 2016 Youth Basketball Officials, West Boynton Recreation Center, for the period of September 10, 2016, through September 24, 2016;

 

I)  Palm Beach County Officials Association, Inc., Fall 2016 Youth Basketball Officials, West Boynton Recreation Center, for the period of October 1, 2016, through October 22, 2016;

 

J)  Palm Beach County Officials Association, Inc., Fall 2016 Junior Basketball Officials, Westgate Recreation Center, for the period of October 1, 2016, through November 12, 2016;

 

K) Palm Beach County Officials Association, Inc., Fall 2016 Youth and Teen Basketball Officials, Westgate Recreation Center, for the period of October 1, 2016, through November 12, 2016;

 

L) Keane Phea Syres Archibald Wilkinson, Fall 2016 Cheerleader Instructor, Westgate Recreation Center, for the period of September 13, 2016, through September 30, 2016;

 

M) Keane Phea Syres Archibald Wilkinson, Fall 2016 Cheerleader Instructor, Westgate Recreation Center, for the period of October 1, 2016, through November 12, 2016;

 

N)  Kim Moser, Classical Fencing Instructor, West Jupiter Recreation Center, for the period of October 5, 2016, through June 7, 2017.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted by the Board to receive and file.  Districts 1, 3 & 7 (AH)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file:

 

A) a Grant Adjustment Notice (GAN) from the County FY 2016 Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) 2016-JAGC-PALM-2-H3-048 that revised the grant period, narrative, reporting frequency, and budget; and

 

B) an Amendment to the Contract for Professional Services (R2016-0273) with the Palm Beach County Law Enforcement Exchange, Incorporated that revised the term and budget.

 

Summary:  Palm Beach County was allocated $295,183 in Federal FY 2015 (County FY 2016) as part of the FDLE JAG Formula Grant Program. The JAG Program allows local governments to support a broad range of activities to prevent and control crime based on local needs and conditions. Grant 2016-JAGC-PALM-2-H3-048 was awarded in the amount of $100,000 to support the Law Enforcement Exchange (LEX) project. GAN 1 and the contract amendment with LEX both extended the grant period one month to October 31, 2016, and revised the narrative, reporting frequency, and budget to move funds from printing to purchase equipment necessary to facilitate training of law enforcement agencies throughout Palm Beach County. The GAN and contract amendment were executed by the County Administrator in accordance with approval granted on March 1, 2016 (R2016-0273) to execute any amendments to this grant and this contract. No County matching funds are required. Countywide (JB)

 

 

2.         Staff recommends motion to receive and file:

 

A) a Data Sharing Agreement FSAC No. 2016.13 requesting access to criminal history information between the Criminal Justice Commission (CJC) and the Florida Department of Law Enforcement (FDLE) as part of the evaluation of the 15th Judicial Circuit Adult and Civil Drug Courts, misdemeanor probation services, and reentry services; and

 

B) a Data Sharing Agreement FSAC No. 2016.14 requesting access to criminal history information between the CJC and FDLE as part of the evaluation for the MacArthur Foundation Safety and Justice Challenge.

 

SUMMARY: In order to meet its objective, the CJC requires access to data collected and maintained by agencies and organizations outside of Palm Beach County government.  In order to access this data, the CJC enters into data sharing agreements with agencies such as FDLE. Data sharing agreements No. 2016.13 and No. 2016.14 were executed by the County Administrator’s designee in accordance with approval granted on August 14, 2012 (M/SA 7-0) to execute this agreement on behalf of the Board. Pursuant to Policy and Procedure Memorandum (CW-O-051), all agreements first require the review and signature of the County Attorney’s Office and agreements will be submitted to the Board as a Receive and File item on quarterly basis. The data sharing agreements are valid for a two year period beginning on October 5, 2016. Countywide (JB)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve an Interlocal Agreement with Florida State University, College of Criminology and Criminal Justice (FSU), in the amount of $30,000 for the period of contract execution to October 31, 2017 to provide professional/consultation services in the area of data analysis, research and evaluation of aspects of the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge grant (SJC) awarded to the Criminal Justice Commission (CJC);

 

B) receive and file a no-cost extension to the SJC grant award amending the ending date to November 30, 2017 (R2016-0577); and

 

C) authorize the County Administrator, or designee, to execute any amendments relating to this agreement on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations.

 

Summary: On May 1, 2016, the CJC was awarded $150,000 from the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge (SJC) for the period of May 1, 2016 through April 30, 2017 (R2016-0577). This grant was later extended to November 30, 2017 to provide further time for research and analysis. The SJC will fully fund this contract. FSU will provide research and evaluation expertise to analyze county jail population trends, first appearance hearing decisions, a pilot implementation of a risk assessment instrument to aid judges in pretrial release decision-making, pretrial release success and failure rates by type of release, and a review of pretrial releases from the county jail to identify any racial disparity. This agreement furthers 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, Clerk’s Office, state and county probation, West Palm Beach Police Department, PBC Justice Services Division, and Court Administration. The resulting data and reports will be used by this Core Team to identify issues and remedies for reforming the front end of the local criminal justice system.  Countywide (JB)

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: an Agreement Relating to Clinical Field Experience with Medical Career Academy, Inc. for the period December 6, 2016, through September 30, 2021. SUMMARY: This Agreement will allow Palm Beach County Fire Rescue to provide clinical field experience to paramedic and EMT students of Medical Career Academy.  Paramedic and EMT students will respond with County paramedics to observe and assist in delivering emergency medical care under actual emergency conditions.  This clinical field experience is a component of the paramedic and EMT training required for State certification, and will enhance the available job pool of qualified personnel. Countywide (SB)

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: four Grant Adjustment Notices (GAN) numbered 21, 22, 23, and 24, with the U.S. Department of Justice (DOJ), Office on Violence Against Women (OVW), Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (GTEA) (2014-WE-AX-0011), which facilitated administrative filing and approvals through September 1, 2016:

 

A) GAN No. 21 Training;

 

B) GAN No. 22 Training;

 

C) GAN No. 23 Training; and

 

D) GAN No. 24 Training.

 

Summary:   As per grant guidelines, certain expenditures and work product require approval from the OVW GTEA grant manager.  The approval process is facilitated by drafting a GAN and submitting it through the OVW’s Grant Management web portal.  These GAN’s facilitated approval of Victim Services staff and Sexual Assault Response Team members to attend various trainings.  The approved grant budget, total grant, and scope of work remained the same.  R2014-1633 authorized the County Administrator or designee to execute future awards, contract, sub-recipient agreements and sub contracts and amendments/modifications utilizing funding from the DOJ, OVW on behalf of the Board of County Commissioners. Countywide (LDC)

 

 

2.         Staff recommends motion to approve: Memorandum of Agreement (MOA) with Palm Beach State College (PBSC) to formalize the coordination efforts for the delivery of forensic exams, advocacy, and trauma-informed services when responding to student and employee victims of sexual assault for a three year term beginning December 6, 2016 with no financial obligations. Summary:  The MOA outlines the respective duties, responsibilities, policies, and procedures that will be undertaken by PBSC and the County when providing forensic examinations, advocacy, and trauma-informed services to students and faculty member victims of sexual assault.  With specific directives imposed on educational institutions by federal legislation in handling sexual assault allegations and the unique environment of a campus community, this agreement establishes a coordinated and comprehensive response for victim services at the local level.  The Agreement addresses coordination efforts relating to notification, provision of service, logistical support, information and referral, participation in awareness and prevention activities, regular coordination through the Sexual Assault Response Team (SART), and confidentiality. Countywide (LDC)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to adopt:  a Resolution amending Resolution R2014-0100 to change a seat on the Emergency Medical Service (EMS) Advisory Council from Palm Beach County Medical Society, Inc. to Palm Beach County Emergency Medical Services Providers Association.  Summary:  Per Resolution R2014-0100, the Board of County Commissioners approved a representative make-up of the Emergency Medical Service Council to include twenty members.  The current twenty members of the EMS Advisory Council is made up of a representative from each of the following:   Fire Chief's Association; Emergency Room Nurses Forum; Private Ambulance Provider; Health Care District Trauma Management; PBC Medical Society; Economic Council of PBC; Emergency Room Physician; EMS Educator; PBC EMS Medical Directors' Association; PBC Council of Firefighters; Hospital CEO’s Administration (3); and a District Consumer appointed by each Commissioner. At the July 21, 2016 EMS Advisory Council meeting, the Council recommended that an "At Large" seat for the EMS Providers Association be added to enhance the Council's expertise. Since the PBC Medical Society has been unable to fill their seat with a representative since January of 2016, it was also recommended that this seat replace the PBC Medical Society’s seat, so that the number of Council members will not increase. The Board has 20 seats, 17 seats are currently filled and the diversity of the current board members is as follows: Caucasians: 16 (94%); African American: 0 (0%); and Hispanic: 1 (6%). The gender ratio (female: male) is 5:17. There is currently no nominee for this seat. Countywide (LDC)

 

 

4.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, authorizing the County Administrator or designee to sign the FY 2016-2017 annual Emergency Medical Services (EMS) county grant application for $193,474 and sign the EMS grant program change request forms related to the grant after the approval of the application by the Florida Department of Health, Bureau of EMS and forward same to the State of Florida Department of Health, Bureau of EMS;

 

B) approve a downward Budget Amendment of $11,538 in the EMS Grant Fund to adjust the budget to reflect the actual grant award of $193,474.

 

Summary:  The EMS County Grant is an annual grant provided to Palm Beach County from the Florida Bureau of EMS, to improve and expand the EMS system.  The funds are used to purchase EMS equipment which is distributed to EMS providers and other agencies that are eligible for EMS grant funding. The grant period is to be determined by the State once the application has been approved. No County matching funds are required for this grant. Countywide (LDC)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

5.         Staff recommends motion to approve:  Agreement with Sequel TSI of Florida, LLC. (SYFS) to establish the general conditions and joint processes when providing advocacy services and forensic examinations to incarcerated juvenile victims of sexual assault for a three year term beginning November 1, 2016.  Summary:  SYFS is an entity that operates the youth detention center in Palm Beach County.  In order to comply with the Prison Rape Elimination Act (PREA) standards, SYFS is seeking to execute an agreement with the Division of Victims Services, the certified rape crisis center for Palm Beach County, for advocacy and forensic exam services to incarcerated juvenile victims of sexual assault.  With the unique setting of a detention center, the agreement is needed to outline the respective duties, responsibilities, policies, and procedures that will be undertaken by SYFS and the County when providing advocacy services and forensic examinations to incarcerated juvenile victims of sexual assault. The Agreement addresses notification, access procedures, provision of service, training, confidentiality, transportation, payment of forensic exams, and logistical and security needs of the County.  SYFS is responsible for payment of $400 for each forensic exam performed by the County. The Agreement aligns with the PREA standards established by the U.S. Department of Justice (DOJ), best practices in the field of sexual violence victim services and is commensurate with sexual assault services available to the community at large. Countywide (LDC)

 

 

Z.         RISK MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve a Fifth Amendment to Interlocal Agreement R2002-2287 between Palm Beach County Board of County Commissioners (County) on behalf of its Department of Risk Management and Palm Tran, Inc. (Palm Tran) and the Palm Beach County Supervisor of Elections (SOE), extending its term for five years for the period January 1, 2017, through December 31, 2021; and

 

B) receive and file a Business Associate Agreement between Palm Beach County Board of County Commissioners and Palm Beach County Supervisor of Elections (SOE).

 

SUMMARY:  The Fourth Amendment to Interlocal Agreement R2002-2287, between the County, Palm Tran, and SOE expires December 31, 2016. This Agreement established the participation of the parties in the Board’s group health insurance plans. Staff recommends Board approval to renew the Agreement for another five-year term beginning January 1, 2017, through December 31, 2021. Further, staff is recommending execution of a Business Associate Agreement (BAA), under the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), between the County as "Covered Entity" and SOE as "Business Associate." Countywide (HH)

 

 


DECEMBER 6, 2016

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file: Afterschool Arts Outreach 2016/2018 Agreement with Norton Museum of Art, Inc. (Norton) for the period beginning October 1, 2016 through September 30, 2018, to provide afterschool arts community education to at-risk youth attending the Highridge Family Center (Highridge) at no cost to the County.  Summary:  The Highridge Family Center has been selected by Norton to participate in the Norton Afterschool Arts Outreach program. The program, formerly known as Progressive After School Arts Community Education (P.A.C.E.), provides free weekly art classes to at-risk youth by a local professional artist fostering creativity and critical thinking skills for underserved youth in a supportive afterschool environment.  Additionally, Norton will offer an expanded summer collaborative, a multi-site project that is still in development.  There are no costs associated with this Agreement. Countywide (HH)

 

 

CC.     SHERIFF

 

1.         ADDITIONAL BACKUP: Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program FY 2016 Grant in the amount of $314,436 for the period of October 12, 2016, through the date all funds have been spent; and

 

B) approve a Budget Amendment of $314,436 in the Sheriff’s Grants Fund.

 

SUMMARY:  The Bureau of Justice Assistance (BJA) has made funds available to be used for correctional purposes. These funds will be used in accordance with the Department of Justice Reauthorization Act of 2005. There is no match requirement associated with this award. Countywide (LDC)

 

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Department of Justice, Office of Justice Programs FY 2017 Enhanced Collaborative Model to Combat Human Trafficking grant award in the amount of $900,000 for the period of October 1, 2016, through September 30, 2019; and

 

B) approve a Budget Amendment of $900,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On September 28, 2016, the Palm Beach County Sheriff’s Office (PBSO) received a Federal grant award in the amount of $900,000 to support the development of a multidisciplinary human trafficking task force, related human trafficking investigations, law enforcement training, and communitywide education, to address human trafficking crimes and victimization occurring in Palm Beach County.  Funding provided will be used for personnel costs, contractual services, training, data collection, supplies, and community awareness. There is a 25% match requirement of $300,000 associated with this award. Two PBSO positions are created with this action. Countywide (LDC)

 

 

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


DECEMBER 6, 2016

 

 

4.         REGULAR AGENDA

 

 

A.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance by the Palm Beach County Health Facilities Authority of Revenue Bonds in an amount not to exceed $25,000,000 in order to provide a loan to one or more of the Joseph l. Morse Health Center, Inc., The Tradition of the Palm Beaches, Inc., Morselife Health System, Inc., Palm Beach Senior Care Health Management, LLC and/or Morselife Foundation, Inc. (collectively, the "Corporations") to provide funds to be used to finance the construction of new independent living facilities on the Corporations' existing campus (the "Campus") located at 4847 Fred Gladstone Drive and 4920 Loring Drive in the City of West Palm Beach, Florida; and providing for an effective date.  Summary: The Palm Beach County Health Facilities Authority (Authority) was created pursuant to Part III of Chapter 154, Florida Statutes, and by Resolutions adopted by the Board of County Commissioners (BCC) on April 12 and April 19, 1977.  The Authority is governed by a five member governing board whose members are appointed by the BCC.  On November 29, 2016, the Authority held a public hearing as required by the Internal Revenue Code with regards to these bonds.  The Bonds are to be issued by the Authority to provide a loan to the Corporations for the construction of new independent living facilities on the existing Campus in West Palm Beach.  All facilities financed and refinanced with the Bonds will be located at the Campus and will be owned and operated by one or more of the Corporations.  Approval by an elected body is required by the Internal Revenue Code; however, adoption of this Resolution does not in any way obligate the County. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bonds. District 7 (PFK)

 

 

2.         Staff recommends motion to approve: the Third Amendment to the Palm Beach County Action Plan (AP) for Fiscal Year (FY) 2016–2017.  Summary: On July 12, 2016, the Board of County Commissioners (BCC) approved the Palm Beach County AP for Fiscal Year 2016-2017 (R2016-0928) which included funding allocations for several Federal grant programs, including the Community Development Block Grant (CDBG) Program.  Consistent with direction from the May 3, 2016 (Item No. 4E-1) BCC workshop, the AP allocated 75% of available CDBG Public Service funds, amounting to $648,610, to support operations of the County’s Philip D. Lewis Center which serves individuals and families. On August 16, 2016 (Item No. 5A-3), the BCC approved the County’s acquisition of the Program REACH/transitional housing facility located at 1318-1320 Henrietta Avenue and 549-559 Palm Beach Lakes Boulevard, West Palm Beach.  Adopt-A-Family of the Palm Beaches, Inc. currently operates the facility on behalf of the County through the Department of Community Services (DCS) Financially Assisted Agencies contract R2015-1436.  During the past three years, the final amount of CDBG-eligible operational expenses at the Lewis Center was less than the amount of CDBG funds allocated.  As a result, DCS has now requested that a portion of CDBG funds allocated to the Lewis Center be re-directed to support County-paid operational expenses at the transitional housing facility.  The facility will serve at least 80 unduplicated families annually.  The proposed Third Amendment to the AP for FY 2016-2017 will reduce CDBG funding for the Lewis Center activity by $140,000 and will add a new activity for the Program REACH/transitional housing facility in the amount of $140,000 in order to fund such expenses.  These are Federal CDBG funds which do not require a local match. District 7 (JB)


DECEMBER 6, 2016

 

 

4.         REGULAR AGENDA

 

 

B.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve on preliminary reading and advertise for public hearing on Tuesday, December 20, 2016 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the code of laws and ordinances; and effective date.  SUMMARY:  This is the Annual Update of Palm Beach County’s Five Year Road Program which is required to be considered each year by the Five Year Road Program Ordinance.  Exhibit “A” to the Ordinance is a list of proposed projects for the next five years and contains certain changes and modifications. This list is submitted for the Board of County Commissioners’ consideration on preliminary reading today with the final list to be approved with the Ordinance at public hearing on Tuesday, December 20, 2016. Countywide (PM)

 

 

C.        ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve:

 

A) Term Contract No. 16070 (Contract) for Aircraft Insecticide Spraying with Application Dynamics LLC, a Ft. Myers, Florida based company, for an amount not to exceed $660,000 for aerial mosquito spraying from December 6, 2016, to December 5, 2017 with up to four annual renewal options; and

 

B) a $244,913 Budget Transfer from General Fund Contingency Reserves to fund an unanticipated increase in contract price.

 

Summary: The Contract was set to expire in October and was advertised for bid. Application Dynamics LLC is the current vendor and is also the selected vendor for the new Contract.  Application Dynamics was the only responsive and responsible bidder meeting the specifications for Palm Beach County’s Solicitation No. 16-070/RR.  The Contract has increased by $364,000 to $660,000.  The current budget anticipates $415,087 leaving a deficit of $244,913.  The vendor cites additional pilot staffing needs and increased insurance costs as the reason for their significantly increased bid amount. Still, at less than $1 per acre sprayed, the cost compares favorably with other mosquito control programs in south Florida. The requested budget transfer is necessary to fund the unanticipated increase in the Contract. No Small Business Enterprise vendor submitted a bid on this project. Countywide (AH)


DECEMBER 6, 2016

 

 

4.         REGULAR AGENDA

 

 

D.        YOUTH SERVICES

 

1.         Staff recommends motion to approve:

 

A) Inter-Agency Agreement with the Florida Department of Children and Families (DCF) from December 20, 2016 to September 30, 2017 with automatic renewals on each October 1st, to certify local funds as a State match, for reimbursement of eligible expense consistent with Title IV-E under the Social Security Act; and

 

B) Contract for Community Based Agencies with The Children’s Home Society of Florida (CHS) to become effective upon execution by the parties through September 30, 2017, in the amount of $50,000 to provide adoption assistance services to eligible Title IV-E residents; and

 

C) Budget Transfer of $50,000 in the General Fund (Fund 0001) from Youth Services Administration (Unit 1501) to the Adoption Services Program (Unit 2531) to establish the funding for the eligible program costs; and

 

D) Budget Amendment to recognize the anticipated revenue from DCF of $18,000 in the Adoption Services Program (Unit 2531).

 

Summary:  This Agreement with DCF will allow the County to submit claims for the cost of pre- and post-adoption services provided through the Contract with CHS, a Title IV-E, licensed child placing agency in Palm Beach County.  Services are designed to encourage more adoptions out of the foster care/dependency system and assist children in their transition into a successful and lifelong adoptive setting.  DCF receives federal funding and calculates reimbursement to the County using the Florida Safe Families Network (FSFN) Title IV-E Adoption Client Eligibility Rate for the month of service (currently 72.0123%), after which a 50% reimbursement rate is  applied.  The budget transfer and amendment will recognize the anticipated revenue of $18,000 and establishes the $50,000 budget for the eligible program expense.  The net fiscal impact shall be funded by existing FY 2017 ad valorem. Countywide (HH)

 

 


DECEMBER 6, 2016

 

 

4.         REGULAR AGENDA

 

 

E.        FACILITIES DEVELOPMENT & OPERATIONS

 

                                    TIME CERTAIN 10:30 A.M.

1.         Staff recommends motion to approve: a Third Amendment to Interlocal Agreement with the South Florida Water Management District (SFWMD) authorizing issuance of an Invitation for Bids for the sale of the jointly owned 571 acre McMurrain Farm property.  SUMMARY:  The County (39.4%) and SFWMD (60.6%) jointly own the 571 acre McMurrain Farm property in the Ag Reserve. The property was initially purchased for interim agricultural use with plans for SFWMD to construct an above ground reservoir as part of SFWMD’s Agricultural Reserve Reservoir program.  SFWMD has since determined that the Ag Reserve Reservoir program is not feasible, has terminated the program, and has declared its interest in the McMurrain Farm property to be surplus.  SFWMD desires to sell its interest in the property to recover its investment. SFWMD has obtained a 2015 appraisal valuing the property at $15,400,000, (SFWMD $9,335,000; County $6,065,000), and is currently updating that appraisal. SFWMD is requesting that the County participate in the sale of the County’s interest in the property. While the property has an AGR Preserve land use and has no density, in order to provide additional assurances that the land remain in Agricultural production and not be developed, SFWMD proposes that the property be sold subject to a Perpetual Agricultural Conservation Easement in favor of the County and SFWMD, and that a separate Perpetual Agricultural Conservation Easement be granted the State Department of Environmental Protection. The Conservation Easements restrict use of the property to agricultural production and provide an added level of protection against change in use beyond what is in place today.  The bid process for the sale of the property would be open competitive and administratively managed by the SFWMD using SFWMD’s statutorily mandated sale process with participation by County Staff.  Under SFWMD’s process, the property would be sold to the highest bidder submitting a responsive bid which is equal to or greater than appraised value and subject to the restrictions set forth above.  The Governing Board of SFWMD has indicated that if the County Commission declines to participate in a sale of the property, SFWMD will consider filing a partition action in Circuit Court to force a sale of the property.  In such an action, it is conceivable that SFWMD could be allowed, and the County forced, to sell the property without the added protection of the Conservation Easements. Staff believes that a sale of the property subject to conservation easements is a practical solution which allows SFWMD to recoup its investment while providing maximum protection against future change in use of the property. This item requires a supermajority vote (5 Commissioners) for approval. If this Interlocal Agreement is approved, the sale will proceed without further action or review by the Board. (PREM) District 5 (HJF)

 

 

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


DECEMBER 6, 2016

 

 

 5.        BOARD APPOINTMENTS

 

           

A.        ADMINISTRATION

                        (Health Care District of Palm Beach County)

 

1.         REVISED TITLE & SUMMARY: Staff recommends motion to approve: appointment of one individual to the Health Care District of Palm Beach County (HCD) to fill the seat vacated by Carol Roberts for a four year term commencing on December 6, 2016, and ending September 30, 2020:

Nominee                               Seat No.        Seat Requirement Nominated By

Florenzia Watson Davis        3                   Resident of PBC      Mayor Burdick

 

            OR

 

Monroe Nelson Benaim        3                   Resident of PBC      Comm. Valeche

 

            OR

 

Sean O’Bannon                      3                   Resident of PBC      Vice Mayor McKinlay

                                                                                                            Comm. Berger

            OR

 

James Goldenberg                 3                   Resident of PBC

 

 

SUMMARY: Per Chapter 2003-326, Laws of Florida, the HCD is comprised of seven members. The appointing authority shall consider the diverse geographic areas of Palm Beach County in selecting individuals to serve on the HCD, and at least one person, but not more than two shall reside in the Glades Area. The Governor shall appoint three members; the Board of County Commissioners shall appoint three members, one of which must be an elected official at the time of appointment; and one member shall be the Director of the Palm Beach County Health Department. Members may serve two four-year terms. Seat No. 3 is currently occupied by Carol Roberts.  Commissioner Roberts will be completing her second and final term on September 30, 2016. The main requirement for the Seat being vacated is that the individual must be a resident of Palm Beach County; however, the Special Act creating the District has specific criteria in Section 5 of the Act regarding limitations of conflicts of financial interests that must be met by both applicants and their spouses. Four Three candidates for Seat No. 3 meet the requirements for District Board members. Countywide (SB HH)

 

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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DECEMBER 6, 2016

 

 

6.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

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DECEMBER 6, 2016

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


DECEMBER 6, 2016

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK, MAYOR

 

ADD-ON: Request approval to present off-site, a Proclamation declaring December 13, 2016 as “Richard and Pat Johnson Day” in Palm Beach County.

 

 

 

 

C.        District 3 - COMMISSIONER DAVE KERNER

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 – COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

F.         District 6 - COMMISSIONER MELISSA MCKINLAY, VICE MAYOR

 

 

 

 

 

 

 

G.        District 7 – COMMISSIONER MACK BERNARD

 

 

 

 

 

 

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."