May 16, 2017 at 9:30 am

FINAL

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MAY 16, 2017

 

PAGE             ITEM

 

17                    3H-9               REVISED SUMMARY:  On January 15, 2013, the Board approved a Hotel Lease for the construction and operation of the Convention Center Hotel.  During the design and construction of the Hotel, County Staff requested that the Hotel loading dock area be reconfigured to provide a fully enclosed segregated area for service and delivery vehicles to shield those vehicles from view from the entrance drive to the Convention Center.  This required the Hotel to utilize approximately 11,800 sf of the Convention Center property which was not originally included within the leased premises.  In addition, CityPlace Hotel agreed to construct an enclosed walkway connecting the Convention Center and the Hotel, which also was not included in the leased premises.  This Fourth Amendment adds the loading dock and the connecting walkway into the leased premises.  As a condition of issuing development approvals for the Hotel, the City of West Palm Beach required landscaping to be planted in the median of Florida Avenue and the County, as owner of the Hotel property, to be responsible for maintenance of the landscaping.  The Right of Way Maintenance Agreement documents the County’s maintenance responsibilities and acknowledges that CityPlace Hotel will perform said maintenance.  The Fourth Amendment to Hotel Lease requires CityPlace Hotel to perform all obligations of the County under the Maintenance Agreement.  The Utility Easement (water) and Sidewalk Easement along Florida Avenue are also required by the City of West Palm Beach.  The Utility Easement in favor of FPL is required to provide electrical service to the Hotel. The easement areas vary in length and width, containing overall approximately 6,609 square feet (0.152 acres).  All of the foregoing documents are required for issuance of a Final Certificate of Occupancy for the Hotel.  The Hotel opened for business in January of 2016 under a temporary Certificate of Occupancy.  The Fifth Amendment to Development Agreement documents that Substantial Completion has been achieved and extends the deadline for achieving Final Completion to 120 days after the Board’s approval of the Fifth Amendment.   CityPlace Hotel has represented that there is no financial impact from this extension.  The Rent Commencement Date is not extended and is fixed at July 1, 2017.  Consent of CityPlace Hotel’s mortgagees will be obtained prior to release of the approved documents.  (PREM) District 7 (HJF) (FDO)

 

 

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


ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MAY 16, 2017

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL

 

A.        Additions, Deletions, Substitutions

B.        Adoption

           

3.         CONSENT AGENDA (Pages 6-28)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 29-32)

 

5.         REGULAR AGENDA (Pages 33-36)

 

6.         BOARD APPOINTMENTS (Page 37)

 

7.         STAFF COMMENTS (Page 38)

 

8.         COMMISSIONER COMMENTS (Page 39)

 

9.         ADJOURNMENT (Page 39)

 

 

 

 

* * * * * * * * * * *


MAY 16, 2017

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

3A-1    Budget transfer and amendment from OCR Special Projects and Initiatives Fund to the Drexel Road Street Light Project

3A-2    Resolution approving the CareerSource PBC Fiscal Year 2017/2017 budget for the Workforce Innovation and Opportunity Act of 2014

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

           

C. ENGINEERING & PUBLIC WORKS

Page 7

3C-1   Receive and file Agreements with Seacoast Utility and AT&T Florida for construction on Old Dixie Hwy from Park Avenue to Northlake Boulevard

3C-2   Receive and file Agreements with Seacoast Utility and AT&T Florida for construction of utility adjustments of Australian Avenue from West 10th Street to north of West 13th Street

Page 8

3C-3   Receive and file Agreements with Riviera Beach and AT&T Florida for construction of utility adjustments of Garden Road from RDOT Canal to south of Blue Heron Boulevard

3C-4   Receive and file Agreements with the Town of Jupiter, Loxahatchee River Environmental Control District and AT&T Florida for construction of utility adjustments for Toney Penna Drive and Old Dixie Hwy

3C-5   Agreement with Caloosa Property Owners for traffic control jurisdiction

3C-6   Receive and file Contract between Southeast Highway Guardrail & Attenuators and Southeast Attenuators, Inc.

 

E. COMMUNITY SERVICES

Page 9

            3E-1    Contracts with Christians Reaching Out to Society and Nurse Assistant Training School

Page 10

            3E-2    Receive and file Modification to the Florida Department of Economic Opportunity FY 2016 Low Income Home Energy Assistance Program

 

F. AIRPORTS

Page 10

            3F-1    Two Utility Easement Agreements with FP&L for electric utility facilities

Page 11

            3F-2    License Agreement with AECOM Technical Services

            3F-3    Lease between AA Economy Transmission Specialists

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 11

3G-1   Four budget transfers from School Impact Fee Zone reserve accounts to appropriation accounts

Page 12

            3G-2   Negotiated settlement amount with Arcadia Florida Property Holdings

            3G-3   Appointment of Paula J. Ryan to Impact Fee Review Committee

Page 13

            3G-4   Resolution authorizing Eighth Amendment to Loan Agreement with Wells Fargo Bank

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 13

            3H-1   Receive and file third extension under Lease Agreement with Verizon Wireless

Page 14

            3H-2   Solid Waste Authority Distressed Property Clean-up and Beautification Grant Application


MAY 16, 2017

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 15

            3H-3   Utility Easement with the City of West Palm Beach for water and sewer

            3H-4   First Amendment to Interlocal Agreement with US Dept of Justice, Bureau of ATF for countywide radio communications

            3H-5   Third Amendment to Interlocal Agreement with Health Care District for countywide radio communications

Page16

3H-6   First Amendment to Interlocal Agreement with Town of Lantana for radio maintenance services

            3H-7   Second Amendment to Interlocal Agreement with Town of Lantana for direct access to the County’s Public Safety Radio System

            3H-8   Interlocal Agreement with Village of Palm Springs for radio maintenance services

Page 17

            3H-9   Approval of various documents related to CityPlace Hotel, LLC

 

I. ECONOMIC SUSTAINABILITY

Page 18

            3I-1     Budget Amendment in the Housing and Community Development Fund for Adopt-A-Family

            3I-2     Consent for Delores Harden to receive State Housing Initiatives Partnership funds for home repairs

 

K. WATER UTILITIES

Page18

3K-1    Resolution to Special Assessment process for the 77th Lane North Water Main Extension decreasing the cost per parcel

Page 19

3K-2    Work Authorization No. 1 for Water and Force Main replacement at Dr. Martin Luther King Boulevard and SW 10th Street in Belle Glade    

3K-3    Work Authorization No. 4 for Water Treatment Plant No. 9 Permeate Flush Project

Page 20

3K-4    Assignment of Contract from MWH America’s, Inc. to Stantec Consulting Services, Inc.

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 21

            3L-1    Amendments to Palm Beach County Artificial Reef & Breakwater Annual Contracts

            3L-2    Receive and file Task Assignment Number IP5, Change Order No. 4 to Contract with Florida Fish and Wildlife Conservation Commission

 

M. PARKS & RECREATION

Page 22

3M-1   First Addendum to Authorized Provider Agreement with American National Red Cross to provide swimming lessons to underserved populations

 

U. INFORMATION SYSTEMS SERVICES

Page 22

3U-1   Third Amendment to Agreement with Early Learning Coalition of Palm Beach County, Inc. for network services

3U-2   Interlocal Agreement with Town of Palm Beach for network transport services

Page 23

3U-3   First Amendment to agreement with Lake Worth Christian School Society, Inc. for network services

3U-4   First Amendment to Interlocal Agreement with City of Palm Beach Gardens for network services

 

 

 


MAY 16, 2017

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

V. METROPOLITAN PLANNING ORGANIZATION

Page 23

3V-1    Budget amendment and transfer to adjust the County Budget to the amount approved by FDOT

 

X. PUBLIC SAFETY

Page 24

3X-1    Approval for the Second Chance Act Grant Application to the Dept. of Justice for reentry programs to expand Substance Abuse and Mental Health Services for ex-offenders

Page 25

3X-2    Approval for the Second Chance Act Grant Application to the Dept. of Justice for reentry programs to expand on-the-job training opportunities

3X-3    Receive and file approved State of Florida Department of Health EMS Grant Program Change Request

Page 26

3X-4    Appointment of Belma Andric to the Emergency Medical Services Advisory Council

 

BB. YOUTH SERVICES

Page 26

3BB-1 Child Nutrition Agreement with the Florida Dept. of Agriculture and Consumer Sciences to provide meals to children under 18 years old during school vacations

Page 27

3BB-2 Contract with CareerSource to provide paid internships for out-of-school and not working youth/young adults ages 17-24

3BB-3 Contract with Prime Time to offer expanded learning opportunities to youth attending summer camps

 

CC. SUPERVISOR OF ELECTIONS

Page 27

            3CC-1 Precinct boundary changes due to municipal annexations in Palm Beach Gardens

 

DD. TOURIST DEVELOPMENT COUNCIL

Page 28

            3DD-1 Eighth Amendment to Agreement with Discover Palm Beach County, Inc. for additional advertising funds for the summer season

 

EE. WESTGATE COMMUNITY REDEVELOPMENT AGENCY

Page 28

            3EE-1 Second modification to subgrant agreement with the State of Florida Division of Emergency Management to reduce grant funding

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

 

            ENGINEERING & PUBLIC WORKS

Page 29

4A-1    Resolution to eliminate the public dedication at the south 550 feet of Stacy Street which conflicts with future redevelopment plans

 

ECONOMIC SUSTAINTABILITY

Page 29

            4B-1    Ordinance repealing Chapter 14, Article V of the Palm Beach County Affordable Housing Ordinance and adopting a new Affordance Housing Ordinance

Page 30

            4B-2    Ordinance establishing a tax exemption for Pratt & Whitney – Florida Engine Delivery Center

Page 31

            4B-3    Ordinance establishing a tax exemption for Pratt & Whitney – Auxiliary Power Unit


MAY 16, 2017

 

TABLE OF CONTENTS

 

 

PUBLIC HEARINGS – 9:30 A.M. CONTINUED

 

            WATER UTILITIES

Page 32

            4C-1   Resolution confirming the Special Assessment Roll for the 68th Street North Water Main Extension Project

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 33

            5A-1    Amendment No. 1 to Contract with Verdenia C. Baker for a five-year extension

 

            ENGINEERING & PUBLIC WORKS

Page 34

            5B-1    2017/2018 Street Lighting Replacement Schedule

 

            PUBLIC SAFETY

Page 35

5C-1   Resolution urging the United States Dept of Agriculture to reactivate its animal care search tool

 

PLANNING, ZONING & BUILDING

Page 36

            5D-1   Resolutions and restrictive covenants granting tax exemptions for six historic buildings

 

BOARD APPOINTMENTS (Page 37)

 

STAFF COMMENTS (Page 38)

 

COMMISSIONER COMMENTS (Page 39)

 

ADJOURNMENT (Page 39)

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A)  Budget Transfer of $57,705 in the Capital Outlay Fund, from the Drexel Road Street Lighting Project account to the OCR Special Projects and Initiatives Fund for maintenance; and

 

B)  Budget Amendment of $57,705 in the OCR Special Projects and Initiatives Fund to recognize and appropriate the transfer from the Capital Outlay Fund to the Drexel Road Street Light Project.

 

SUMMARY:  The Drexel Road Street Lighting Project was requested by the Palm Beach Sheriff’s Office (PBSO) and residents of the surrounding CCRT areas to address public safety concerns. The project entailed the installation and 20-year maintenance of 46 cobra head streetlights along the Drexel Road corridor. A total of $230,000 was allocated to this project.  Of which, $90,000 was for the installation of the lights, and $140,000 for the ongoing operation and maintenance of the lights for a 20-year period. The requested transfer of $57,705 is needed to ensure there will be sufficient funds to cover the maintenance of the lights for the entire 20-year period. District 2 (DW)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida approving the CareerSource Palm Beach County (CSPBC) Fiscal Year 2017-2018 Budget in the amount of $15,044,698 for its programs under Public Law 113-128, enacted by Congress effective July 1, 2015, which Act is known as the Workforce Innovation and Opportunity Act (WIOA) of 2014; 

 

B) approve a waiver from the Statutory Individual Training Account (ITA) requirement; and

 

C) approve an amendment of the Contract to Administer Grant Funds with CSPBC for the Fiscal Year 2017-2018.

 

Summary:  On December 16, 2014, the Board of County Commissioners (BCC) approved a contract to administer grant funds (R2014-1894) with CareerSource Palm Beach County (CSPBC) which services include the design, coordination, and implementation of the local workforce development system for Palm Beach County. CSPBC receives Federal funding through the State Department of Economic Opportunity (DEO).  Funds are received by the DEO from the US Department of Labor, US Department of Health & Human Services, and the US Department of Agriculture. These are formula funds which are based on the Federal budget and the local population statistics.  The Fiscal Year 2017-2018 Budget, in the amount of $15,044,698, includes the following revenue sources: $11,885,015 from the US Department of Labor; $2,615,800 from the US Department of Health and Human Services for Temporary Assistance for Needy Families; $522,400 from the US Department of Agriculture for the Supplemental Nutrition Assistance Program; and $21,483 from Palm Beach State College.  CSPBC is requesting a waiver of the statutory Individual Training Account requirement from CareerSource Florida. Approval for a waiver is necessary to ensure that overall services to participants are not reduced.  The DEO requires at least 50% of the Adult and Dislocated WIOA funds to be spent on individual training activities. Due to continued decrease in funding, CSPBC is concerned that the 50% criteria may not be met and as a result is requesting a waiver from the requirement. Although a waiver will be sought, CSPBC will strive to meet the 50% requirement. Staff is recommending approval of the amendment of the Contract to Administer Grant Funds for the Fiscal Year 2017-2018. Countywide (HH)


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to receive and file:

 

A)  an interlocal agreement with the Seacoast Utility Authority (Seacoast) for joint participation and project funding for construction of Old Dixie Highway from Park Avenue to Northlake Boulevard (Project); and

 

B)  an agreement with AT&T Florida (AT&T) for joint participation and project funding for construction of the project.

 

SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section 404.00 on September 1, 2016, for Seacoast and on September 22, 2016, for AT&T. District 1 (LBH)

 

2.         Staff recommends motion to receive and file:

 

            A)  an interlocal agreement with the City of Riviera Beach Utility District (City) for joint participation and project funding for construction of utility adjustments of Australian Avenue from West 10th Street to 300' north of West 13th Street (Project); and

 

            B)  an agreement with AT&T Florida (AT&T) for joint participation and project funding for construction of utility adjustments of the project.

 

SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section 404.00 on September 27, 2016 for the City and on September 22, 2016 for AT&T. District 7 (LBH)

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to receive and file:

 

A)  an interlocal agreement with the City of Riviera Beach Utility District (City) for joint participation and project funding for construction of utility adjustments of Garden Road from FDOT Canal to south of Blue Heron Boulevard (Project); and

 

B)  an agreement with AT&T Florida (AT&T) for joint participation and project funding for construction of utility adjustments of the project.

 

SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section 404.00 on September 27, 2016, for the City and on September 22, 2016, for AT&T. District 7 (LBH)

 

4.         Staff recommends motion to receive and file:

 

A)  an interlocal agreement approved by the Deputy County Engineer on September 1, 2016, with the Town of Jupiter for joint participation and project funding for construction of utility adjustments for Toney Penna Drive and Old Dixie Highway (Project);

 

B)  an interlocal agreement approved by the Deputy County Engineer on August 5, 2016, with the Loxahatchee River Environmental Control District for joint participation and project funding for construction of utility adjustments for the project; and

 

C)  an agreement approved by the Deputy County Engineer on September 22, 2016, with AT&T Florida (AT&T) for joint participation and project funding for construction of utility adjustments for the project.

 

SUMMARY: These agreements are being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The agreements were approved by the Deputy County Engineer as a delegated authority in accordance with Palm Beach County Administrative Code Section 404.00. District 1 (LBH)

 

5.         Staff recommends motion to approve:  an agreement with Caloosa Property Owners Association, Inc. (Community) for traffic control jurisdiction to be performed by the Palm Beach County Sheriff’s Office (Sheriff).  SUMMARY:  Approval of this agreement will authorize the Sheriff to provide enforcement of the traffic laws of the state upon the private roadways during normal patrol hours within the community.  District 1 (LBH)

 

6.         Staff recommends motion to: 

 

A)  receive and file the assignment and assumption of Contract between Southeast Highway Guardrail & Attenuators, LLC (SHGA) and Southeast Attenuators, Inc. (SAI) dated March 17, 2017; and

 

B)  approve a retroactive payment to SHGA for tasks performed under the annual guardrail contract R2016-0845 with SAI after the acquisition of SAI by SHGA on July 5, 2016.

 

SUMMARY:  Approval will allow SHGA to be paid for past work orders performed by SHGA under contract R2016-0845.  Payment is for work done by SHGA after they acquired SAI and is expected to be approximately $80,600. Countywide (LBH)

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Contract for Consulting/Professional Services with Christians Reaching Out to   Society, Inc. (CROS), for the period May 16, 2017, through March 31, 2018, in an amount not to exceed $75,000 to provide gleaning services; and

 

B) Contract for Consulting/Professional Services with Nurse Assistant Training School, Inc. (NATS) d/b/a Academy for Nursing and Health Occupations, for the period May 16, 2017, through March 31, 2018, in an amount not to exceed $58,240 to provide various training services to low-income participants.

 

SUMMARY:  On February 7, 2017, the Board of County Commissioners approved a list of six pre-qualified non-profit agencies to provide various training services for the Community Action Program and authorized the County Administrator, or designee, to execute contracts and amendments for this purpose (Agenda Item 3E-1). NATS is one of the agencies selected to provide certified nursing assistant and patient care technician training and job placement services to qualified clients. CROS will recruit and coordinate gleaning opportunities through local church, civic and non-profit agencies within the County to develop strong neighborhood relationships, opportunities and support systems. Gleaning is the gathering of excess produce after the fields have been harvested. The produce is distributed to homeless shelters, day care centers, senior centers, and emergency food pantries. The funds are provided by the Community Service Block Grant (CSBG). Qualified clients must be residents of Palm Beach County and meet the Federal Poverty Guidelines. A portion of CSBG funds will be used to provide training for eligible participants. No County funds are required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to receive and file:

 

A) Modification No. 2 to the Florida Department of Economic Opportunity FY 2016 Low Income Home Energy Assistance Program (LIHEAP) Federally Funded Subgrant Agreement No. 16EA-0F-10-60-01-023 (R2016-0487), with the State of Florida, Department of Economic Opportunity, for the period March 1, 2016, through March 31, 2017, for a total amount not to exceed $3,226,192 to provide energy payment assistance to low income residents of Palm Beach County; and

 

B) FFY 2017 Federally Funded Subgrant Agreement Community Services Block Grant (CSBG) Program Agreement No. 17SB-0D-10-60-01-121, with the State of Florida, Department of Economic Opportunity, for the period October 1, 2016, through March 31, 2018, for a total amount not to exceed $1,625,968 to provide self-sufficiency services to low income residents of Palm Beach County.

 

SUMMARY:  The Florida Department of Economic Opportunity awarded the Palm Beach County Community Action Program (CAP) $3,226,192 in LIHEAP funds and $1,625,968 in CSBG Funds. LIHEAP funds are used to provide energy payment assistance to over 7,000 households in Palm Beach County. CSBG funds are used to provide employment skills training and job placement services, rental assistance, utility assistance and case management services to more than 500 low income residents of Palm Beach County. A portion of CSBG funds will be used to provide training for eligible participants. The trainings offered will be aligned with the skills needed by construction companies for the completion of projects funded by the infrastructure sales tax. Wraparound services will also be provided, which will include assistance from the LIHEAP program. These items, which were previously signed by the Mayor and ratified by the Board on April 4, 2017, are being submitted in accordance with Countywide PPM CW-O-051 to allow the Clerk’s Office to receive and file them. Sufficient funding is included in the current budget to meet County obligations. No County match funds are required. (Community Action Program) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve: two Utility Easement Agreements (Easements) with Florida Power & Light Company (FPL) for electric utility facilities on parcels of land west of the Palm Beach International Airport (PBIA) in West Palm Beach. SUMMARY: In order to redevelop property west of PBIA, the Department of Airports has requested the abandonment of portions of public road rights of way within a parcel of land lying between Military Trail and Haverhill Road. FPL currently maintains electric utility facilities within certain rights of way, and easements will be granted to FPL concurrent with those abandonments in order for FPL to maintain its existing service.  FPL has requested the Easements in order to connect FPL’s existing utility service lines abutting roadways that will be abandoned.  Consent from utility companies is necessary to abandon the road rights of way.  FPL has agreed to issue a letter of no objection to the abandonments, but is requiring the County to grant the Easements. Countywide (HJF)

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to receive and file: License Agreement with AECOM Technical Services, Inc., commencing April 10, 2017, expiring on April 30, 2017, and automatically renewing on a month-to-month basis thereafter, but not beyond September 30, 2019, providing for the use of office and administration space in Building C associated with various consulting projects at the Palm Beach International Airport without charge. 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 approve:  a Consent to Assignment of the Lease (Consent) between AA Economy Transmission Specialists, LLC, a Florida limited liability company (AA) and Victor Contreras for the assignment and assumption of the Lease Agreement (Lease) for property at 325 N. Military Trail, West Palm Beach, FL 33406, near the Palm Beach International Airport (PBIA) (R2012-0625). SUMMARY: AA leases property at 325 N. Military Trail west of PBIA to operate an automobile repair business.  AA wishes to assign to the Lease to Contreras who will assume all rights, duties and obligations under the Lease.  The term of the Lease expires on October 31, 2018, with no further renewal options.  Countywide (HJF)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:

 

A) Budget Transfer from School Impact Fee Zone 1 reserve account to School Impact Fee Zone 1 appropriation account for $1,208,162;

 

B) Budget Transfer from School Impact Fee Zone 2 reserve account to School Impact Fee Zone 2 appropriation account for $3,107,360;

 

C) Budget Transfer from School Impact Fee Zone 3 reserve account to School Impact Fee Zone 3 appropriation account for $2,226,540; and

 

D) Budget Transfer from School Impact Fee Zone 4 reserve account to School Impact Fee Zone 4 appropriation account for $405,685.

 

SUMMARY: Impact fees budgeted in reserve accounts cannot be appropriated until funds have been collected.  These budget transfers recognize school impact fee revenues as of March 29, 2017, and allow for their appropriation so that the County may remit funds to the School District in accordance with Article 13 of the Unified Land Development Code (ULDC).  Countywide (LB)

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

2.         Staff recommends motion to approve: a negotiated settlement offer in the amount of $20,600 for the full satisfaction of a Code Enforcement Lien that was entered against Arcadia Florida Property Holdings LP on November 4, 2015.    SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on August 5, 2015, for property owned by Arcadia Florida Property Holdings LP giving them until October 4, 2015, to bring the property located at 11961 US Highway 1, North Palm Beach, into full Code Compliance. The property had been cited for not obtaining the required electrical 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 Arcadia Florida Property Holdings LP on November 4, 2015. Code Enforcement issued an Affidavit of Compliance for the property stating that as of October 18, 2016, the electrical violation had been fully corrected. The total accrued lien amount as of December 1, 2016, the date on which settlement discussions began, totaled $41,490.69, of which Arcadia Florida Property Holdings LP has agreed to pay the County $20,600 (49.6%) for full settlement of their outstanding Code Enforcement Lien. District 1 (SF)

 

3.         Staff recommends motion to approve:  the appointment of Paula J. Ryan to the Impact Fee Review Committee to complete the unexpired term of James Dubois for the period May 16, 2017, through March 9, 2018.

 

            Nominee                   Seat No.                    Requirement                        Nominated By

            Paula J. Ryan                2                            Municipal                              League of Cities

 

            SUMMARY:  The Impact Fee Review Committee is composed of seven members and three alternate members.  The voting membership of the IFRC shall include three representatives from municipalities within PBC, three representatives from the business community, and one member selected at-large.  The alternate members shall include one representative from each of the three categories listed above.  This agenda item provides for the appointment of Paula J. Ryan for the period May 16, 2017, through March 9, 2018, to complete the unexpired term of James Dubois who resigned.  Paula J. Ryan has completed the required ethics training. This Committee has seven seats, five seats currently filled and diversity count of Caucasian: 4 (80%), African American: 1 (20%).  The gender ratio (female:male) is 0:5. This nominee is a Caucasian female. Countywide (LB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

 

4.         Staff recommends motion to adopt: a Resolution authorizing the execution of an Eighth Amendment to Loan Agreement in connection with the extension of the County’s line of credit dated May 21, 2009, with Wells Fargo Bank, N.A., that satisfies the debt service reserve fund requirements for several of the County’s outstanding bond issues; authorizing the execution of a separate Eighth Amendment to Loan Agreement in connection with the extension of the County’s separate line of credit with Wells Fargo Bank N.A. (the Bank), dated June 4, 2009, that satisfies the debt service reserve fund requirements for several other County bond issues and providing an effective date.    SUMMARY:  Under the terms of the loan agreements, the County requested that the Bank extend the maturity date for the remaining loan agreement.  The Bank has agreed to extend the loan agreement for three months for the remaining bond issue.  The bond issue will mature in the beginning of the next fiscal year and the related letter of credit will no longer be needed after this fiscal year. The County will continue to pay an annual fee of .65% ($31,062) for the remaining letter of credit issued to satisfy the debt service reserve requirements under the loan agreement. Due to the one bond maturing, this amendment will decrease the annual cost approximately $31,062. The Bonds originally had debt service reserves that were funded by surety policies issued by municipal bond insurance companies.  When those companies had their AAA rating downgraded below a level specified in the bond resolutions, the County had to replace the surety policies with letters of credit.  The County’s AAA bond rating enabled the replacement in an expedient manner at a time when it was difficult for governments with a lesser rating to borrow money. Countywide (PFK)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to receive and file:  a notice of exercise of the third extension option under the Lease Agreement (R2002-1464) with Verizon Wireless Personal Communications, L.P. for the continued use of nine wireless communication antennas located on the roof top of the Southern Region Water Reclamation Facility in Boynton Beach. SUMMARY: Since August 20, 2002, Verizon Wireless Personal Communications, L.P. (Verizon) has operated and maintained nine wireless communication antennas and radio equipment on the rooftop of the Southern Region Water Reclamation Facility located at 12751 Hagen Ranch Road in Boynton Beach.  The initial term of the Lease Agreement was for five years ending on August 19, 2007, and contained five extension options, each for a period of five years.  Verizon is exercising its third five-year extension option for the period of August 20, 2017, through August 19, 2022.  The annual rent will be increased by three percent (3%) from $45,377.71 to $46,739.04 effective August 20, 2017.  The Water Utilities Department is satisfied with Verizon’s performance and will continue to have administrative responsibility of the Lease Agreement. Pursuant to the terms of the Lease Agreement, Verizon has the right to exercise its option and the Board has no discretionary authority to not allow the exercise of the option.  There remain two five-year options available to Verizon.  All other terms and conditions of the Lease Agreement will remain in full force and effect.  (PREM) District 5 (HJF)

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A)  a Solid Waste Authority (SWA) Distressed Property Clean-up and Beautification Grant Application for grant funds in the amount of $5,900 to demolish a County owned derelict mobile home within the Palm Lake Cooperative Mobile Home Park;  

 

B)  an Interlocal Grant Agreement with the Solid Waste Authority for $5,900 of Blighted and Distressed Property Clean-up and Beautification grant funds;

 

C)  a Budget Amendment of $5,900 in the General Fund to recognize funding from SWA;

 

D)  a County Deed for the conveyance of the County’s interest in a +0.10 acre mobile home lot to the Palm Lake Cooperative, Inc. (Palm Lake); and

 

E)  a County Deed for the conveyance of the County’s interest in a +0.13 acre mobile home lot to Palm Lake.

 

SUMMARY:  In October 2015, the County received a Tax Deed for a +0.10 acre mobile home lot with an 804 SF manufactured home at 4152 70th Court North, Riviera Beach, and in January 2016, received a Tax Deed for a +0.13 acre vacant mobile home lot located at 4023 68th Street North, Riviera Beach.  Both parcels are located within the Palm Lake Cooperative Mobile Home Park, an active adult (55+) retirement community in unincorporated Palm Beach County.  The parcels have been deemed surplus as they serve no County purpose and DES had no interest in attempting to utilize these parcels for affordable housing.  The total assessed value of the two parcels is $21,307.  As neither parcel exceeds $25,000 in value, appraisals are not required. Review by the Property Review Committee is not required as the assessed value of each parcel is less than $250,000.  The Solid Waste Authority (SWA) Distressed Property Clean-up and Beautification Grant will offset the costs for demolishing the manufactured home at 4152 70th Court North.  The term of the Interlocal Agreement expires on February 8, 2018.  Staff recommends conveying these parcels to Palm Lake at no cost upon demolition of the manufactured home.  In exchange for the conveyance of the two parcels at no cost and demolition of the manufactured home, Palm Lake will not seek any monetary amounts or hold the County responsible for any assessments, late fees and interest that came due on either of the parcels during the time that the County held an interest in the parcels, which is currently estimated to be $11,500.  These conveyances to Palm Lake will relieve the County of potential liability for occurrences on the parcels and places the parcels back on the tax rolls.  The County will pay all closing costs and any other costs associated with this conveyance.  The County will not retain mineral and petroleum rights because the County does not hold fee title.  Closing is to occur within 60 days of demolition of the manufactured home.  This conveyance must be approved by a Supermajority Vote (5 Commissioners).  (PREM) District 1 (HJF)

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve:  a Utility Easement in favor of the City of West Palm Beach.  SUMMARY:  Construction of the Palm Beach County Convention Center parking garage is nearing completion and a Utility Easement is being required by the City of West Palm Beach.  This easement is for water and sewer line purposes, which will include two non-contiguous areas servicing the parking garage.  The first section is 15' wide and approximately 88.84' long, and covers an area of 1,333 square feet (.03 acres).  The second section is 15' wide, and approximately 79.6' long, covering an area of 850.5 square feet (.02 acres).  This Utility Easement will be granted at no charge and recorded following acceptance by the City of West Palm Beach.  (PREM) District 7 (HJF)

 

4.         Staff recommends motion to approve:  a First Amendment to Interlocal Agreement (R2012-0565) with United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, a Federal Agency, (ATF) to extend the term of the Agreement for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System retroactively to April 16, 2022.    SUMMARY:  The Agreement, which provides the terms and conditions under which ATF can program its radios and utilize the countywide common talk groups for certain inter-agency communications expired on April 16, 2017. The Agreement provides for three renewal options, each for a period of five years. ATF has approved a renewal to extend the term of the Agreement retroactively to April 16, 2022, and the renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities.  There are no charges associated with the Agreement. ATF is required to pay all costs associated with its subscriber units and to comply with established operating procedures for the System. The Agreement may be terminated by either party, with or without cause with ten-day notice. This First Amendment renews the term, updates the attachment, modifies the provisions on preventative maintenance, provides for disclosure of County Code Sections 2-421-2-440 establishing the Office of the Inspector General and adds standard County nondiscrimination and third party beneficiary provisions.  Other than the changes set forth herein, all other terms remain the same.  (ESS) Countywide (LDC)

 

5.         Staff recommends motion to approve:  a Third Amendment to Interlocal Agreement (R2002-0548) with Health Care District of Palm Beach County, a political subdivision of the State of Florida (District) to extend the term of the Agreement for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System retroactively to April 15, 2022.   SUMMARY:  The Agreement, which provides the terms and conditions under which District can program its radios and utilize the countywide common talk groups for certain inter-agency communications expired on April 15, 2017. The Agreement provides for three renewal options, each for a period of five years. District has approved a renewal to extend the term of the Agreement retroactively to April 15, 2022, and the renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities.  There are no charges associated with the Agreement. District is required to pay all costs associated with its subscriber units and to comply with established operating procedures for the System. The Agreement may be terminated by either party, with or without cause with ten-day notice. This Third Amendment renews the term and adds standard County nondiscrimination and third party beneficiary provisions.  Other than the changes set forth herein, all other terms remain the same.  (ESS) Countywide (LDC)

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: a First Amendment to Interlocal Agreement (R2015-0171) (Agreement) with the Town of Lantana (Town) to retroactively extend the term of the Agreement for radio maintenance services to April 6, 2021.   SUMMARY:  The Agreement, which provides the terms and conditions under which the Town receives radio equipment maintenance services from the County, expired on April 6, 2017.  The Agreement provides for one renewal option for a period of four years.  The Town has approved a renewal to extend the term of the Agreement to April 6, 2021, and the renewal now requires Board approval. The terms of the Agreement are standard and the maintenance rates are consistent with those being charged to County departments.  Services will be provided on an as-needed basis and billed to the Town.  In the event that the County must out-source the labor, a separate labor rate is provided to cover the cost of the contract labor. The rates may be adjusted annually with notification by June 1 (effective the following October 1st) at the County’s sole discretion, but in no event shall the Town’s fee schedule exceed the fee schedule applied to County departments.  The Agreement may be terminated by either party, with or without cause, with a minimum of three-month notice. This First Amendment renews the term.  Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (LDC)

 

7.         Staff recommends motion to approve: a Second Amendment to Interlocal Agreement (R2009-0559) with the Town of Lantana (Town) to retroactively extend the term of the Agreement allowing for direct access to the County’s Public Safety Radio System (System) to April 7, 2021.  SUMMARY:  The Agreement, which provides the terms and conditions under which the Town can directly access the System, expired on April 6, 2017.  The Agreement provides for two renewal options, each for a period of   four years.  The Town has approved a renewal to retroactively extend the term of the Agreement to April 7, 2021, and the renewal now requires the Board approval.  The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The Town’s Police Department has been interoperable with the County’s System, initially through a Talk Group Agreement, and beginning in 2005 via a Direct Connect Agreement.  The annual fees are consistent with those being charged to the County Departments.  In addition, the Town is required to pay all costs associated with Town’s subscriber units and to comply with the established operating procedures for the System. The Agreement may be terminated by either party, with or without cause on October 1st of any year, with a minimum of six months’ notice.  The Second Amendment renews the term, updates the Town’s and County’s responsibilities, modifies the provision of annual budget information to be provided, and adds standard County nondiscrimination provisions.  (ESS) Countywide (LDC)

 

8.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Village of Palm Springs (“Participant”) for radio maintenance services. SUMMARY:  The Agreement provides for radio equipment maintenance services to the Participant, by Facilities Development & Operations/Electronic Services & Security Division (FDO/ESS).  The services are to be charged on an hourly basis at a cost of $65 per hour/person and $97.50 per hour/person for overtime work.   In the event the County must out-source the labor, a separate labor rate is provided to cover the cost of the contract labor.  The rates may be adjusted annually with notification by June 1 (effective the following October 1st) at the County’s sole discretion, but in no event shall the Participant’s fee schedule exceed the fee schedule applied to County departments. The term of the Agreement is for three years with one additional renewal for a term of three years.  The Agreement may be terminated by either party, with or without cause, with a minimum of three months’ notice.  The County has been providing radio equipment maintenance service to the Participant since May 17, 2005.  (ESS) Countywide (LDC)


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.        REVISED Staff recommends a motion to approve:

 

A) a Fourth Amendment to Hotel Lease between CityPlace Hotel, LLC and Palm Beach County (R2013-0104) to add additional land area into the Hotel Lease; 

 

B)  a Right-of-Way Maintenance Agreement in favor of the City of West Palm Beach for maintenance of the landscaping within the median and right-of-way for Florida Avenue;

 

C)  a Sidewalk Easement in favor of the City of West Palm Beach;

 

D)  a Utility Easement in favor of the City of West Palm Beach to provide water service to the Hotel;

 

E)  a Utility Easement Agreement in favor of FPL to provide for electrical service to the Hotel; and

 

F) a Fifth Amendment to Development Agreement between Palm Beach, The Related Companies, LP and CityPlace, LLC to document that substantial completion has been obtained.

 

SUMMARY: On January 15, 2013, the Board approved a Hotel Lease for the construction and operation of the Convention Center Hotel.  During the design and construction of the Hotel, County Staff requested that the Hotel loading dock area be reconfigured to provide a fully enclosed segregated area for service and delivery vehicles to shield those vehicles from view from the entrance drive to the Convention Center.  This required the Hotel to utilize approximately 11,800 sf of the Convention Center property which was not originally included within the leased premises.  In addition, CityPlace Hotel agreed to construct an enclosed walkway connecting the Convention Center and the Hotel, which also was not included in the leased premises.  This Fourth Amendment adds the loading dock and the connecting walkway into the leased premises.  As a condition of issuing development approvals for the Hotel, the City of West Palm Beach required landscaping to be planted in the median of Florida Avenue and the County, as owner of the Hotel property, to be responsible for maintenance of the landscaping.  The Right of Way Maintenance Agreement documents the County’s maintenance responsibilities and acknowledges that CityPlace Hotel will perform said maintenance.  The Fourth Amendment to Hotel Lease requires CityPlace Hotel to perform all obligations of the County under the Maintenance Agreement.  The Utility Easement (water) and Sidewalk Easement along Florida Avenue are also required by the City of West Palm Beach.  The Utility Easement in favor of FPL is required to provide electrical service to the Hotel. The easement areas vary in length and width, containing overall approximately 6,609 square feet (0.152 acres).  All of the foregoing documents are required for issuance of a Final Certificate of Occupancy for the Hotel.  The Hotel opened for business in January of 2016 under a temporary Certificate of Occupancy.  The Fifth Amendment to Development Agreement documents that Substantial Completion has been achieved and extends the deadline for achieving Final Completion to 120 days after the Board’s approval of the Fifth Amendment.   CityPlace Hotel has represented that there is no financial impact from this extension.  The Rent Commencement Date is not extended and is fixed at July 1, 2017.  Consent of CityPlace Hotel’s mortgagees will be obtained prior to release of the approved documents.  (PREM) District 7 (HJF)

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: a Budget Amendment of $4,356 in the Housing and Community Development Fund (CDBG).  Summary: Adopt-A-Family of the Palm Beaches, Inc. (AAF) received $90,000 in Fiscal Year 2015-16 Emergency Solutions Grant (ESG) funds to support operations of an emergency shelter for homeless families.  They paid $4,355.08 of this amount as a deposit to Florida Power and Light.  The deposit of $4,355.08 paid from ESG funds has now been returned.  This Budget Amendment is required to increase the ESG budget to enable the use of the returned funds for current year expenditures. These are Federal funds that require a dollar for dollar match which may be provided in the form of cash or in-kind contributions. Countywide (JB)

 

2.         Staff recommends motion to approve: Consent for Delores Harden, a relative of a Palm Beach County Youth Services Department employee, to receive State Housing Initiatives Partnership (SHIP) Program funds under the Housing Rehabilitation Program as administered by the Department of Economic Sustainability (DES).  Summary: Delores Harden is an income eligible applicant who is seeking to receive a deferred forgivable loan of $71,282 under the Housing Rehabilitation Program.  Funding availability for the program was posted on the DES website and advertised to the general public in the Palm Beach Post on February 21st and 24th, 2016.  Applicants under this program are funded on a first qualified, first approved basis as long as funds are available. Ms. Harden applied for assistance on April 6, 2016, to repair her home at 245 Cypress Avenue in Pahokee.  It contains 2,136 square feet with five (5) bedrooms and two (2) bathrooms.  The appraised value of the home, according to the Palm Beach County Property Appraiser, is $60,311.  The County’s second mortgage of $71,282 will be a deferred loan that is forgiven at the end of 15 years, as long as the home remains the homeowner’s principal place of residence.  If the homeowner rents, sells, or otherwise conveys the home during the 15 years, the entire principal amount will become due and payable.  It is DES policy to seek the consent of the Board of County Commissioners whenever relatives of County employees are receiving assistance through DES Programs. These are State SHIP funds which require no local match. District 6 (JB)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, amending Resolution No. R2016-1419 pertaining to the Special Assessment process for the 77th Lane North Water Main Extension (Project), reducing the individual assessment from $11,577.52 to $10,430.88 per parcel.  Summary:  On September 27, 2016, the Board of County Commissioners (BCC) adopted Resolution R2016-1419 confirming the Project. Pursuant to Section 9 of Ordinance No. 2001-0010, property owners are entitled to a reduction in their individual assessment if the final cost of the project falls below the original estimate. The assessment adopted by the BCC was based upon an estimated assessable cost of $115,775.23 before construction. The Project provided for the construction of potable water lines to serve ten residential properties. The actual assessable cost is $104,308.80 after completion of construction of the Project.  The individual cost to the property owners decreased from $11,577.52 to $10,430.88 per parcel. (WUD Project No. 16-007) District 6 (MJ)

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: Work Authorization (WA) No. 1 for the Water and Force Main replacement at Dr. Martin Luther King Jr. Boulevard and SW 10th Street in Belle Glade (Project) with Hinterland Group Inc. in the amount of $324,736.43.  Summary: On January 10, 2017, the Board of County Commissioners (BCC) approved the Pipeline Continuing Construction Contract (Contract) with Hinterland Group Inc. (R2017-0072). WA No. 1 provides for the replacement of approximately 160 linear feet of an existing 12-inch water main and 8-inch force main at the intersection of Dr. Martin Luther King Jr. Boulevard and SW 10th Street in Belle Glade. Existing pipes are not located at sufficient depth for proper protection and the pipes have failed in the past due to traffic impacts. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. The Contract provides for SBE participation of 15%. WA No. 1 includes 100% overall participation. The cumulative SBE participation, including WA No. 1, is 100% overall. Hinterland Group Inc. is a Palm Beach County company. The Project is included in the FY17/18 Capital Improvement Plan adopted by the BCC. (WUD Project No. 16-014) District 6 (MJ)

 

3.         Staff recommends motion to approve:  Work Authorization (WA) No. 4 for the Water Treatment Plant (WTP) No. 9 Permeate Flush Project (Project) with Globaltech, Inc. in the amount of $1,999,288.  Summary:  On March 10, 2015, the Board of County Commissioners (BCC) approved the Water Utilities Department (WUD) Contract for Optimization and Improvements Design-Build (Contract) with Globaltech, Inc. (R2015-0315).  WA No. 4 will make improvements to the permeate flush and membrane cleaning systems of WTP No. 9 to improve operations and extend the life of the water treatment membranes.  Specific work will include the construction of permeate storage and pumping intended to reduce biological fouling during process shutdown.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall.  The Contract with Globaltech, Inc. provides for SBE participation of 75%.  WA No. 4 includes 97.77% overall SBE participation.  The cumulative SBE participation including this work authorization is 96.29% overall.  Globaltech, Inc. is a Palm Beach County company.  This Project is included in the Capital Improvement Plan adopted by the BCC.  (WUD Project No. 13-003) District 5 (MJ)

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to approve:

 

A) a Consent to Assignment of the Contract for Engineering and Construction Services Owner’s Advisor (R2014-1188) from MWH Americas, Inc. (MWH) to Stantec Consulting Services, Inc. (Stantec);

 

B) Consultant Services Authorization (CSA) No. 5 to the Contract for Engineering and Construction Services Owner’s Advisor (R2014-1188) with Stantec in the amount of $2,985,246.52 for a period of 365 calendar days; and

 

C) Amendment No. 1 to the Contract for Engineering and Construction Services Owner’s Advisor (R2014-1188) providing for the renewal of the contract for one year, starting August 20, 2017.

 

Summary:  On August 19, 2014, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract for Engineering and Construction Services Owner’s Advisor (Contract) with MWH (R2014-1188).  The Contract provides for program management services to support the administration and expedite delivery of planning and design activities and execution of numerous capital construction contracts within WUD’s Capital Improvement Program (CIP). The goal of the CIP is the implementation of over $400 million worth of projects over a five-year period.  A) On January 1, 2017, Stantec acquired the assets of MWH. Stantec has requested that the County approve the assignment of the Contract from MWH to Stantec.  Approval of the Consent to Assignment will reassign the obligations of the Contract to Stantec, ensuring the efficient continuation of the owner’s advisor services provided under the Contract. Stantec has consented to the assignment of the Contract previously held by MWH. B) CSA No. 5 provides for resources and personnel necessary to support the accelerated delivery of Capital Improvement Plan projects utilizing tools and methods developed under previous CSAs. In addition to providing staff to expedite planning and design activities the CSA provides for additional staff augmentation to support the capital construction projects identified through the expedited planning and design process.  CSA No. 5 will allow WUD to further reduce replacement and refurbishment work necessitated by deterioration of existing infrastructure. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. The Contract provides for SBE participation of 23.7%. CSA No. 5 includes 26.01% overall participation. The cumulative SBE participation including CSA No. 5 is 23.04%. Stantec is a New York-registered US company whose parent company is domiciled in Canada.  Stantec has three local offices in Palm Beach County.  C) Section 1.1.4 of the Contract provided for a term of three years with the option of two one-year renewals.  Amendment No. 1 to the Contract provides for the first of the two optional renewals that will provide continuity and the continued effective and efficient implementation of the WUD program implementation process.  The renewal will authorize Stantec to continue the program implementation process through August 19, 2018. (WUD Project No. 14-054) Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve:

 

A)  Amendment No. 2 to the Palm Beach County Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0649) with The Vance Construction Co. (Vance) to extend the Construction Contract for one year to May 18, 2018, for a not–to-exceed amount of $1,200,944.50 for year three;

 

B)  Amendment No. 3 to the Palm Beach County Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0650) with Coston Marine Services, Inc. (Coston) to extend the Construction Contract for one year to May 18, 2018, for a not–to-exceed amount of $1,415,196.38 for year three; and

 

C)  Amendment No. 2 to the Palm Beach County Artificial Reef & Breakwater Annual Contract, Project No. 2015ERM01 (R2015-0651) with Arbor Tree and Land, Inc. (ATL) to extend the Construction Contract for one year to May 18, 2018, for a not–to-exceed amount of $1,566,048.20 for year three.

 

Summary: On May 19, 2015, the BCC approved three annual construction contracts for Palm Beach County Artificial Reef & Breakwater, Project No. 2015ERM01 with Vance (R2015-0649), a Palm Beach County SBE Company, Coston (R2015-0650), a Palm Beach County SBE Company, and ATL (R2015-0651), a Palm Beach County Company.  Vance has been issued three work orders totaling $1,306,840.  Coston has been issued five work orders totaling $1,655,281.  ATL has not been issued any work orders.  Amendment No. 2 for the Vance Contract will increase work by a not-to-exceed amount of $1,200,944.50 for year three, resulting in a cumulative not-to-exceed Contract Price of $3,580,573.50, and extend the Contract for one year. Vance committed to an overall 54.94% Small Business Enterprise (SBE) participation in the Contract and has achieved 75.27% SBE participation to-date. Amendment No. 3 for the Coston Contract will increase work by a not-to-exceed amount of $1,415,196.38 for year three, resulting in a cumulative not-to-exceed Contract Price of $4,245,589.14, and extend the Contract for one year. Coston committed to an overall 86.28% Small Business Enterprise (SBE) participation in the Contract and has achieved 88.23% SBE participation to-date.  Amendment No. 2 for the ATL Contract will increase work by a not-to-exceed amount of $1,566,048.20 for year three, resulting in a cumulative not-to-exceed Contract Price of $4,698,144.60, and extend the Contract for one year. ATL committed to an overall 15.81% Small Business Enterprise (SBE) participation in the Contract.  Countywide (DC)

 

2.         Staff recommends motion to receive and file: Task Assignment Number IP5, Change Order No. 4 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) adds Typha Spp. (cattail) to the floating plant work plan for Lake Ida and imazamox is added as an approved control chemical. 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 aquatic vegetation control services for the Chain of Lakes with 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)

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:  First Addendum to Authorized Provider Agreement, R2016-1888 dated December 20, 2016, with the American National Red Cross (“Red Cross”) to allow the County to participate as one of 50 communities nationwide in the Red Cross Aquatic Centennial Initiative program to provide swimming lessons to underserved populations.  SUMMARY:  The Red Cross is celebrating 100 years of Water Safety and has set a goal to reduce the number of drownings in the United States by 50% in 50 key markets.  Palm Beach County was identified by the Red Cross in 2014 as a target market for the Aquatic Centennial Initiative to reduce the number of drownings in America.  This program is designed to promote awareness of, and access to, the Red Cross Water Safety education and training in identified communities where the drowning rate is above the national average.  This First Addendum allows Palm Beach County to continue to participate in the final year of the three-year Red Cross Aquatics Centennial Initiative.  Participation in this initiative will help generate and retain enrollment in our swimming lessons, provide hands-on CPR and rescue skills to parents and caregivers, and ultimately help reduce the number of drownings in our community.  As a participant in the initiative, the County will receive support for program fees for participants in swimming lessons as well as lifeguard training and water safety instructor programs.  The Red Cross will also provide the teaching and marketing materials at no cost to the County.  Countywide (AH)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to approve:  a Third Amendment to Agreement R2013-0080, as amended, for network services with Early Learning Coalition of Palm Beach County, Inc. (ELC).  SUMMARY:  The ELC has an existing network services Agreement, as amended, for an initial term of one year with automatic one-year renewals unless notice is given by either party.  This Third Amendment removes their Belle Glade location and reduces network services fees, effective October 1, 2016.  The ELC will reimburse the County a one-time partial installation cost of $1,003.77 with the revised annual service revenue (net) of $1,500 for FY 2017 and succeeding years. The Florida LambdaRail LLC has approved the connection of ELC to the Florida LambdaRail network.  Districts 3 & 6 (PFK)

 

2.         Staff recommends motion to:

 

A)  approve the Interlocal Agreement for network transport services with the Town of Palm Beach (Town) for an annual revenue total of $600; and

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

 

SUMMARY:  The Town is requesting connection to the Palm Beach County network for transport services in order to connect to the Law Enforcement Exchange (LEX) System, which allows municipal police departments, the Sheriff, State Attorney and other law enforcement agencies in Palm Beach County to share information.  This Interlocal Agreement is for an initial term of one year with automatic one-year renewals unless either party gives notice of intent to terminate.  The Town will reimburse the County a one-time installation cost estimated at $10,626 with a total annual service revenue of $600.  The Florida LambdaRail LLC has approved connection of the Town to the Florida LambdaRail. District 1 (PFK)

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: the First Amendment to Agreement R2014-0344, as amended, for network services with Lake Worth Christian School Society, Inc. (LWCS).  SUMMARY:  LWCS has an existing network services Agreement, as amended, with Palm Beach County (R2014-0344) for an initial term of one year with automatic one-year renewals unless notice is given by either party.  This First Amendment adds network wireless services throughout the LWCS campus.   This Agreement takes effect on June 1, 2017, and will generate revenues of $550 per month (totaling $2,200 for partial FY 2017), plus a one-time reimbursement for installation costs (estimated at $5,827).  The Florida LambdaRail LLC has waived the FLR fee and approved connection of LWCS to the Florida LambdaRail.  District 3 (PFK)

 

4.         Staff recommends motion to approve: the First Amendment to Interlocal Agreement R2013-0308, as amended, for network services with the City of Palm Beach Gardens.  SUMMARY:  The City of Palm Beach Gardens (City) has an existing network services Interlocal Agreement, as amended, with Palm Beach County (R2013-0308) for an initial term of one year with automatic one-year renewals unless notice is given by either party.  This First Amendment adds two additional locations, Mirasol Park & Gardens Skate Park, via WiMax network services.  In addition, the billing rates for the existing Palm Beach Gardens installations are being adjusted to reflect the current 2017 Monthly Rate Sheet for Network Services.  This Amendment takes effect on June 1, 2017. and will generate revenues of $400 per month (totaling $1,600 for partial FY 2017), plus a one-time reimbursement for WiMax installation costs (estimated at $12,520).  The Florida LambdaRail LLC has approved connection of the City to the Florida LambdaRail.  District 1 (PFK)

 

 

V.        METROPOLITAN PLANNING ORGANIZATION 

 

1.         Staff recommends motion to:

 

A) approve a budget amendment in Fund 1360 in the amount of ($52,955);

B) approve a budget transfer in Fund 0001 in the amount of ($5,296); and

C) receive and file Joint Participation Agreement between the Florida Department of Transportation (FDOT) and the Palm Beach Metropolitan Planning Organization (MPO), JPA G0357 in the amount of $656,074, JPA G0357 Supplemental Agreement 01 with an increase of $1,232,399, and JPA G0357 Supplemental Agreement 02 with an increase of $676,017 for a total amount of $2,564,490.

 

Summary:  This amendment is necessary to adjust the County Budget to the actual amount approved by FDOT and correct the amount of required match (10%) for the grant.  Countywide (DR)

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to:

 

A)  ratify the Mayor’s signature of approval for the Second Chance Act Grant Application (Adults with Co-Occurring Substance Use and Mental Disorders) to the Department of Justice (DOJ) for $650,000 from October 1, 2017, to September 30, 2020, to facilitate the reduction of recidivism in Palm Beach County;

 

B)  authorize the County Administrator or designee to execute a contract with Southeast Florida Behavioral Health Network (SEFBHN) in an amount not-to-exceed $499,599 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations;

 

C)  authorize the County Administrator or designee to execute a contract with Florida Atlantic University (FAU) in an amount not-to-exceed $150,401 for services provided in the grant application, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations; and

 

D)  authorize the County Administrator or designee to execute the grant award and amendments and to submit electronic reports. 

 

SUMMARY:  Palm Beach County (PBC) facilitates the successful reintegration of ex-offenders as they return to Palm Beach County.  This application, if funded, will allow for reentry programs to expand Substance Abuse and Mental Health Services for ex-offenders returning to PBC.  SEFBHN will manage and oversee the provision of integrated behavioral health services to ex-offenders with co-occurring substance abuse and mental disorders through contracts with a network of provider agencies.  FAU will perform data analysis, examine performance measurement, and conduct a process and outcome evaluation for this grant project.  The grant does not require a County match.  Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to:

 

A) ratify the Mayor’s signature of approval for the Second Chance Act Grant Application (Smart Reentry: Evidence-Based Strategies for Successful Reentry from Incarceration to Community) to the Department of Justice for $850,000 from October 1, 2017, to September 30, 2020, to facilitate the reduction of recidivism in Palm Beach County;

 

B)  authorize the County Administrator or designee to execute a contract for services provided in the grant application on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations with the following:

 

1.    City of Riviera Beach in an amount not-to-exceed $228,000;

2.    Gulfstream Goodwill Industries (GGI) in an amount not-to-exceed $228,000;

3.    The Lord’s Place (TLP) in an amount not-to-exceed $228,000;

4.    Florida Atlantic University (FAU) in an amount not-to-exceed $135,128; and

 

C) authorize the County Administrator or designee to execute the grant award and amendments and to submit electronic reports.

 

Summary:  Palm Beach County (PBC) facilitates the successful reintegration of ex-offenders as they return to Palm Beach County.  This application, if funded, will allow for reentry programs to expand and offer on-the-job training (OJT) opportunities.  The contracts with City of Riviera Beach, GGI, and TLP will establish OJT transitional job programs while incorporating moral reconation therapy.  FAU will perform data analysis, examine performance measurement, and conduct a process and outcome evaluation for this grant project.  The grant requires a non-federal in-kind match of $850,000 (50%) that will be provided through existing Public Safety Department and contractual staff in the amount of $648,061 and existing ex-offender support services in the amount of $201,939 which is included in the current general fund and Justice Services grant fund budget.  Countywide (LDC)

 

3.         Staff recommends motion to receive and file: approved State of Florida Department of Health EMS Grant Program Change Request in the amount of $27,712.57 for Emergency Medical Services (EMS) Grant ID Code C5050 to improve and expand the EMS system for the period December 23, 2016, through December 15, 2017.  SUMMARY:  The County was awarded $193,474 during the FY2016-17 grant cycle from the State of Florida Department of Health, Bureau of EMS, to improve and expand the EMS systems. Unspent balance from the previous grant cycle FY2015-16, Grant ID code C4050 plus interest earned for a sum total of $27,712.57, will be rolled over into the FY2016-17, Grant ID Code C5050 bringing the total to $221,186.57. The grant funding may be used by the County or municipal agencies to purchase EMS equipment or training. According to Resolution No. 2016-1814, the County Administrator or designee is authorized to sign the Grant Budget Change Request form for the EMS County Grant Award funds. There is no ad valorem funding required.  Countywide (LDC)

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to approve:  one At-Large appointment of the following individual to the Emergency Medical Services Advisory Council (EMS Council) for the term from May 16, 2017, to September 30, 2020.

 

Nominee                   Seat No.     Seat Requirement              Recommended by:

Dr. Belma Andric              4              Health Care District of PBC    Mayor Paulette Burdick

Comm. Hal Valeche

 

Summary:  Per Resolution R2014-0100, the Board of County Commissioners approved a representative make-up of the Emergency Medical Services Council to include 20 members.  Thirteen members are representatives of the various components of the EMS system with specific requirements and seven members are Commission District Consumer appointments. A memo was sent to all Board members on January 31, 2017, seeking a nomination for the above at-large seat.  The EMS Council has 20 seats, 16 are currently filled. Thirteen members are appointed at-large and seven are District appointments. The diversity of the current board members is as follows: Caucasians: 15 (94%); African American: 0 (0%); and Hispanic: 1 (6%). The gender ratio (female: male) is 4:12. This nominee is Caucasian female.  The Health Care District’s first nomination was a Caucasian male, of which we asked them to see if they could modify their selection and we also addressed with them the need for diversity.  Their second nomination is a Caucasian female.  Countywide (LDC)

 

 

BB.     YOUTH SERVICES

 

            1.         Staff recommends motion to:

 

A) approve Child Nutrition Programs Agreement (Agreement) with Florida Department of Agriculture and Consumer Services Division of Food, Nutrition and Wellness (DACS) for the annual Summer Food Service Program (SFSP), effective upon approval by DACS and to remain in effect until terminated by either party;

 

B) authorize the County Administrator, or designee, to execute any future agreements/minor amendments with DACS for SFSP; and

 

C) authorize the County Administrator, or designee, to submit applications, reimbursement requests, and reports to DACS electronically.

 

Summary:  The SFSP was established to ensure that all children, 18 years and younger, could receive nutritious meals during school vacations that are comparable to those served under the National School Lunch and School Breakfast Programs.  Meals are provided, at no charge, to all children at SFSP approved sites during times designated as the meal service periods.  The State is requiring a new Agreement be approved to replace the most recent agreement that was approved by the Board in 2012 (R2012-1089).  The SFSP remains the same and the County will continue to electronically submit the annual reimbursement requests.  After the Board’s approval of this Agreement, the State will approve and assign its contract number.  This year’s meal service period is from June 5, 2017, through August 11, 2017.  Countywide (HH)

 

 

 

 

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     YOUTH SERVICES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) Contract for Provision of Services with CareerSource Palm Beach County, Inc. (CareerSource) for the period May 22, 2017, through September 30, 2017, in an amount not to exceed $50,000 to facilitate training and paid internships; and

 

B) budget transfer of $50,000 in the General Fund from the Head Start Match reallocation (Unit 1451) for new evidence-based/promising programming to fund the cost associated with this Contract.

 

Summary: This Contract will allow CareerSource to facilitate several training opportunities, as well as paid internships for up to 39 out-of-school and not working youth/young adults, also known as disconnected youth, ages 17-24. Each of the programs will be conducted over a five-week period.  At the completion of each program, applicable certificates will be awarded and stipends issued.  One of the three programs is to coordinate a summer hospitality training program at the Lake Worth campus of Palm Beach State College (College).  This program will serve up to 25 participants and include both job shadowing at local hotels and hospitality training.  Another program will coordinate a Microsoft Office skills training program at the Belle Glade campus of the College.  This training will serve up to seven participants, who can also earn a stipend for each of the three modules offered – Word, Excel and PowerPoint.  The third program will be to conduct a summer internship training program with local business in the Glades area.  Up to seven participants will earn an internship with a stipend at participating various Glades area businesses.  The internship will be 40 hours per week.  Countywide (HH)

 

3.         Staff recommends motion to approve:

 

A) Contract for Provision of Services with Prime Time Palm Beach County, Inc. for the period May 16, 2017, through September 30, 2017, in an amount not to exceed $173,875 for connecting summer camps for low income children to expanded learning opportunities; and

 

B) budget transfer of $173,875 in the General Fund from the Head Start Match reallocation (Unit 1451) for new evidence-based/promising programming to the Prime Time Palm Beach County, Inc. (Unit 2529) program to fund the cost associated with this Contract.

 

Summary:  Prime Time Palm Beach County, Inc. (Prime Time) was founded to address the need for higher quality out-of-school time programs for Palm Beach County youth, with an emphasis on programs that service low-income families. The funding provided under this Contract will allow Prime Time to make connections with summer camps to offer expanded learning opportunities to youth attending summer camps. Countywide (HH)

 

 

            CC.     SUPERVISOR OF ELECTIONS

 

1.         Staff recommends motion to approve:  Precinct boundary changes submitted by Susan Bucher, Supervisor of Elections, as required by section 101.001(1), Florida Statutes.  Summary:  Precinct boundary changes due to municipal annexations in the following municipality of Palm Beach Gardens.  District 1 (DW)

 

 

 


MAY 16, 2017

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to approve:

 

A) Eighth Amendment to the Agreement (R2012-1320) with Discover Palm Beach County, Inc. for the provision of services under the Palm Beach County’s Tourist Development Plan during the period of October 1, 2012 through September 30, 2017; and

 

B) a budget transfer in the amount of $380,000 for advertising. 

 

SUMMARY:  The Eighth Amendment to the Agreement revises Exhibit “A” FY17 budget in the amount of $380,000 for additional advertising funds from reserves for the summer season which were redirected for the winter season.  This contract change has been reviewed and approved by the TDC Finance Committee and the TDC Board. (TDC) Countywide (DW)

 

 

EE.      WESTGATE COMMUNITY REDEVELOPMENT AGENCY

 

1.         Staff recommends motion to:

 

A)  ratify a second modification to subgrant agreement (R2015-0594) with the State of Florida Division of Emergency Management (DEM) to reduce the grant funding amount by $491,606 and extend the expiration date to March 31, 2017, for the Westgate Community Redevelopment Agency (WCRA) L-2 Canal improvements (Project); and

 

B) approve a budget amendment of ($491,606) in the Capital Outlay Fund to recognize the decrease in federal funding from DEM for the Hazard Mitigation Grant for the Project.

 

SUMMARY:  After execution by the County Administrator on January 17, 2017, the DEM signed the second modification on January 27, 2017.  Resolution R2006-0401 delegates authority to the County Administrator or designees to execute certain operation agreements on behalf of the Board of County Commissioners.  This second modification is being submitted to the Clerk and Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051.  It extends the contract expiration date from March 24, 2016 to March 31, 2017, and decreases the grant funding amount by $491,606 for the WCRA drainage improvements at the Lake Worth Drainage District L-2 Canal from east of Wabasso Drive to east of Osceola Drive. The decrease in grant funding is due to the final project costs coming in substantially below the budget/sub grant estimate (only three of the five properties were able to be acquired).  District 7 (LBH)

 

 

 

 

 

 

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


MAY 16, 2017

 

 

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

 

 

            A.        ENGINEERING & PUBLIC WORKS

 

                 1.         Staff recommends motion to adopt: a resolution to abandon any public interest in the south 550 feet of Stacy Street (aka Stacy Road) lying south of Stacy Street, plat of Haverhill Acres, Plat Book 20, Page 75, of the Public Records of Palm Beach County, Florida.  SUMMARY: Adoption of this resolution will eliminate the public dedication, which is in conflict with future redevelopment plans for the Haverhill Acres, LLC property located west of Haverhill Road, approximately 1,400 feet north of Belvedere Road. The petition is subject to a privilege fee of $49,005.52. District 2 (LBH)

 

 

            B.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, repealing Chapter 14, Article V, codifying Ordinance No. 93-8, as amended, “The Palm Beach County Affordable Housing Ordinance;” and adopting a new Affordable Housing Ordinance; providing for title; providing for authority; providing for applicability; providing for policy and purpose of the Local Housing Assistance Program; providing for definitions; providing for the creation of the Local Housing Assistance Trust Fund named the Robert Pinchuck Memorial Affordable Housing Trust Fund; providing for the creation of the Commission on Affordable Housing; providing for the establishment of the Local Housing Assistance Plan; providing for the establishment of the Local Housing Partnership; designating responsibility for the implementation and administration of the Local Housing Assistance Plan; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions; and providing for an effective date.  Summary: The Board of County Commissioners (BCC) last adopted the Affordable Housing Ordinance (Ordinance No. 93-8) on May 18, 1993, and amended it on July 22, 2008 (Ordinance No. 2008-018).  Due to the substantive changes made to the Ordinance required to bring it into compliance with Florida Statutes, County Resolutions and the Local Housing Assistance Plan (LHAP), repealing and replacing the Affordable Housing Ordinance in its entirety is more efficient than amending it.  The original Ordinance, as amended, included specific language recited from relevant Florida Statutes as well as the Consolidated Plan and the LHAP as they were written at the time.  Staff updated the Affordable Housing Ordinance and streamlined its provisions.  This process included making reference to various relevant Florida Statutes, the Consolidated Plan, applicable Resolutions, and the LHAP instead of reciting content from therein.  Additionally, terms and definitions were updated or removed if not referenced in the Ordinance.  On April 4, 2017, the BCC held a preliminary reading on this Ordinance and authorized advertising for a public hearing. Countywide (JB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

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

 

 

B.        ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing an exemption from certain ad valorem taxation to encourage economic development in the County for Pratt & Whitney, a division of United Technologies Corporation, an existing business; providing for the title; providing for authority; providing for a finding that requirements have been met; providing for the amount of revenue available from ad valorem tax sources for the current fiscal year; providing for the amount of revenue lost by virtue of the economic development ad valorem tax exemptions currently in effect; providing for the estimated revenue lost attributable to the exemption granted to Pratt & Whitney, a division of United Technologies Corporation; providing for the period of time for which the exemption will remain in effect and the expiration date of the exemption; providing for annual reporting requirement; providing for applicability; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions and providing for an effective date.  Summary: On March 12, 2013, the Board of County Commissioners (BCC) approved Economic Development Incentive Agreement (R2013-0330) with Pratt & Whitney, a division of United Technologies Corporation providing an Ad Valorem Tax Exemption of up to $700,000 over a seven-year period, and providing an economic development cash incentive in the amount of $300,000 over a four-year period.  The Ad Valorem Tax Exemption is for real property and tangible personal property improvements undertaken in the company’s renovation of 90,000 square foot facility and construction of a 100,000 square foot testing facility. This project involved the establishment of the Florida Engine Delivery Center, a new business unit of Pratt & Whitney. The exemption, together with the incentive payment, serves as the local financial support for the State of Florida’s commitment to the company of $4,000,000, of which, $3,000,000 is from State funding and $1,000,000 from Palm Beach County. The Agreement requires Pratt & Whitney to make a minimum $63 Million capital investment, create 230 new jobs over a ten-year period at an annualized average wage of $81,110, and maintain those jobs for five years. This project is estimated to have a $442 Million economic impact over a ten-year period. As required under Palm Beach County’s Economic Development Ad Valorem Tax Exemption Program implemented by the BCC through adoption of Ordinance 2013-022, Pratt & Whitney, a division of United Technologies Corporation, has filed an application with the Property Appraiser’s (PA) office.  The PA has issued a determination that the project meets the requirements under Florida Statute 196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B to the proposed Ordinance).  On May 2, 2017, the BCC held a preliminary reading of this Ordinance and authorized advertising for public hearing. District 1 (JB)

 


MAY 16, 2017

 

 

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

 

 

B.        ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing an exemption from certain ad valorem taxation to encourage economic development in the County for Pratt & Whitney, a division of United Technologies Corporation, an existing business; providing for the title; providing for authority; providing for a finding that requirements have been met; providing for the amount of revenue available from ad valorem tax sources for the current fiscal year; providing for the amount of revenue lost by virtue of the economic development ad valorem tax exemptions currently in effect; providing for the estimated revenue lost attributable to the exemption granted to Pratt & Whitney, a division of United Technologies Corporation; providing for the period of time for which the exemption will remain in effect and the expiration date of the exemption; providing for annual reporting requirement; providing for applicability; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions and providing for an effective date.  Summary: On April 4, 2017, the Board of County Commissioners (BCC) approved Economic Development Incentive Agreement (R2017-0485) with Pratt & Whitney, a division of United Technologies Corporation providing an Ad Valorem Tax Exemption of up to $650,000 over a six-year period. The Ad Valorem Tax Exemption is for real property and tangible personal property improvements undertaken in the company’s construction and renovation of 35,000 square foot facility which will facilitate Pratt & Whitney’s radial Auxiliary Power Unit (APU), relocated from San Diego, California. APU is a gas turbine engine used to produce energy for applications such as providing electricity, compressed air, and/or shaft power to main engine start, air conditioning, electric power and other aircraft systems. APUs are manufactured for both commercial and military customers. The exemption, together with the incentive payment, serves as the local financial support for the State of Florida’s commitment to the company of $2,300,000.  Of which, $1,650,000 is from State funding and $650,000 from Palm Beach County. The Agreement requires Pratt & Whitney to make a minimum $25 Million capital investment, create 110 new jobs over a three-year period at an annualized average wage of $84,892, and maintain those jobs for five years. This project is estimated to have a $183 Million economic impact over a five-year period. As required under Palm Beach County’s Economic Development Ad Valorem Tax Exemption Program implemented by the BCC through adoption of Ordinance 2013-022, Pratt & Whitney, a division of United Technologies Corporation, has filed an application with the Property Appraiser’s (PA) office.  The PA has issued a determination that the project meets the requirements under Florida Statute 196.012 for an Ad Valorem Tax Exemption (attached as Exhibit B to the proposed Ordinance).  On May 2, 2017, the BCC held a preliminary reading of this Ordinance and authorized advertising for public hearing. District 1 (JB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

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

 

 

            C.        WATER UTILITIES

 

1.         Staff recommends motion to:

 

A)  adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, Confirming the Special Assessment Roll for the 68th St. North Water Main Extension (Project); and

 

B)  approve a Work Authorization (WA) No. 9 to Johnson-Davis Incorporated under the Water Utilities Department (WUD) Continuing Construction Contract (Contract) (R2016-0902) in the amount of $199,512.45.

 

Summary:  The Project will provide potable water to 18 residential properties currently on private wells. Petitions in favor of the installation of a potable water main were provided to WUD with a 61% favorability rate (11 in favor, 3 not in favor and 4 no response). The petitions were considered and approved at the regular meeting of the Board of Supervisors of the Indian Trails Improvement District (ITID) on June 15, 2016. Individual assessments range from $11,525.12 to $27,066.57 per parcel (See Exhibit A) and will be assessed based on 90% of the total estimated cost of the Project, pursuant to the terms of the agreement between the County and ITID, in which the County committed to allocate $500,000 to provide financial support for up to 10% of the final cost for assessment projects within the legislative boundaries of the ITID. Individual assessment was determined by using front footage method to divide the assessable cost per parcel. WUD has encumbered and expended a total of $287,553.07 for previous ITID assessment projects. Assessments are payable over a 20-year time period in equal annual payments of principal and 5.5% interest. The total assessable cost of the Project is $266,176.86 and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration, and construction contingency, as well as the 10% financial support payment dictated by WUD’s contract with ITID. WA No. 9 will provide for the construction of the Project. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. The Contract with Johnson-Davis Incorporated provides for SBE participation of 3.28%. WA No. 9 includes 13.59% overall participation. The cumulative SBE participation is 11.96% overall. (WUD Project No. 16-079) District 6 (MJ)

 

 

 

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


MAY 16, 2017

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

            1.         Staff recommends motion to approve: Amendment No. 1 to the Employment Contract between Palm Beach County and Verdenia C. Baker, County Administrator (R2015-0897), providing for a term commencing August 26, 2017, through August 25, 2022.  SUMMARY: This Amendment provides for the County Administrator’s services through August 25, 2022. This is a five-year extension and the current contract expires August 26, 2017. This year marks completion of 30 years as a County employee and two years as Administrator. Current salary is $273,183.04. Countywide (DO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

5.         REGULAR AGENDA

 

 

B.        ENGINEERING & PUBLIC WORKS

 

                        1.         Staff recommends motion to approve: 

 

A)  The 2017/2018 street lighting schedule involving capital expenditures of $297,000 in FY 2017/2018 and an annual operating cost of $106,000 for future years for six proposed systems; 

 

B)  Two standard statewide Florida Power & Light Company (FPL) agreements for LED lighting projects; 

 

C) Authorization of County Administrator or designee to execute future FPL agreements for each of the street lighting projects; and

 

D)  Staff to study street light LED conversion and maintenance transfer to Lake Worth Utilities (LWU) of the 155 Palm Beach County (County) installed and maintained high pressure sodium street lights within the LWU service area.

      

SUMMARY:  Six projects are recommended for installation, totaling an estimated 605 new street lights for arterial and intersection approach lighting.  Exhibit A includes the list of six projects for final design and construction and a provision for various isolated lights. The SR7 Extension project will be constructed by the Florida Department of Transportation (FDOT) and the County will then become the maintaining agency in accordance with our existing State Highway Lighting, Maintenance, and Compensation Agreement.  All new projects shall utilize LED components whenever possible.  Staff will study future street light LED conversion and maintenance transfers to LWU (LED conversion options, costs and process of transfer).  Staff will also initiate discussions relating to a joint project with the City of Greenacres for lighting Haverhill Road from Lake Worth Road to Lantana Road which has intermittent municipal and unincorporated limits. Funding will be determined after the studies are completed. As shown in Exhibit A, capital expenditures for the six projects and various isolated lights are estimated to cost $297,000 in FY 2017/2018. Isolated lights will be installed based on previously approved Board criteria.  Our current Street Lighting Program will have operating expenses totaling $2,500,000 in FY 2017/2018. Therefore, with the additional $297,000 in capital costs expected, the total expenditures estimated for FY 2017/2018 is $2,797,000.  An additional $106,000 is estimated for operation and maintenance in FY 2018/2019 for the newly proposed projects, bringing the expected FY 2018/2019 operating expenses to $2,706,000.

 

Annual operating costs for 2017/2018 (est.)        $ 2,500,000

New make ready (capital)                                    + $ 297,000

Estimated budgets needs 2017/2018              $ 2,797,000 

 

AND

 

Annual operating costs by 2018/2019 (est.)        $ 2,600,000

Future operating of newly proposed projects     + $ 106,000

Estimated ongoing future operating costs    $ 2,706,000

 

The Engineering Department recommends a one-time approval of two standard statewide FPL agreements, and requests authorization be granted to the County Administrator or designee to sign future FPL agreements for each project. Countywide (LBH)

 

 


MAY 16, 2017

 

 

5.         REGULAR AGENDA

 

 

C.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, urging the United States Department of Agriculture (USDA) to reactivate its animal care search tool to make animal welfare records publicly accessible.  SUMMARY:  In February 2017, the USDA removed animal welfare records from its website in order to protect individual privacy.  Palm Beach County’s Division of Animal Care and Control’s (Division) Ordinance requires pet shops and pet dealers to obtain dogs and cats from USDA licensed breeders that have no record of animal cruelty or neglect and have not received certain USDA violations within the past three years.  The removal of animal welfare records from the USDA’s website halts the ability for the Division and local pet stores from viewing the violation history of breeders.  Additionally, this affects the Division’s ability to enforce the sections of the Ordinance pertaining to local pet stores.  The USDA asserts that governmental entities and members of the public may still access the information through the Freedom of Information Act request process; however, because requests of this nature often take many months, if not years to process, a requestor is unlikely to receive information within the timeframe to make use of the information.  This resolution urges the USDA to restore all deleted information concerning complaints, violations, and inspection reports under the Animal Welfare Act and Horse Protection Act to its website.   Countywide (SF) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MAY 16, 2017

 

 

5.         REGULAR AGENDA

 

D.        PLANNING, ZONING & BUILDING

 

1.      Staff recommends motion to:

 

A) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 114 South Olive Avenue, West Palm Beach, (Commercial);

 

B) approve a restrictive covenant for 114 South Olive Avenue, West Palm Beach, (Commercial) requiring the qualifying improvements be maintained during the period that the tax exemption is granted;

 

C) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 130 Greenwood Drive, West Palm Beach (Residential);

 

D) approve a restrictive covenant for 130 Greenwood Drive, West Palm Beach (Residential) requiring the qualifying improvements be maintained during the period that the tax exemption is granted;

 

E) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 138 Greymon Drive, West Palm Beach, (Residential);

 

F) approve a restrictive covenant for 138 Greymon Drive, West Palm Beach, (Residential) requiring the qualifying improvements be maintained during the period that the tax exemption is granted;

 

G) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 235 Belmonte Road, West Palm Beach, (Residential);

 

H) approve a restrictive covenant for 235 Belmonte Road, West Palm Beach, (Residential) requiring the qualifying improvements be maintained during the period that the tax exemption is granted;

 

I) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 312 Barcelona Road, West Palm Beach, (Residential);

 

J) approve a restrictive covenant for 312 Barcelona Road, West Palm Beach, (Residential) requiring the qualifying improvements be maintained during the period that the tax exemption is granted;

 

K) adopt a resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for 1208 Florida Avenue, West Palm Beach, (Residential); and

 

L) approve a restrictive covenant for 1208 Florida Avenue, West Palm Beach, (Residential) requiring the qualifying improvements be maintained during the period that the tax exemption is granted.

 

SUMMARY:  The resolutions will authorize a County tax exemption for the following historic properties located within the City of West Palm Beach: 114 South Olive Avenue, (property is privately owned for commercial use); 130 Greenwood Drive, (property is privately owned for residential use); 138 Greymon Drive, (property is privately owned for residential use); 235 Belmonte Road, (property is privately owned for residential use); 312 Barcelona Road, (property is privately owned for residential use); and 1208 Florida Avenue, (property is privately owned for residential use).  If granted, the tax exemption shall take effect January 1, 2017, and shall remain in effect for ten years, or until December 31, 2026. The exemption shall apply to 100 percent of the assessed value of all improvements to the historic property, which resulted from restoration, renovation, or rehabilitation of the property. The estimated improvement costs attributed solely to work on these historic buildings totals $2,935,000. Actual exemption amounts will be based upon the Countywide Millage Rate on a yearly basis. It is estimated that approximately a total of $14,033 tax dollars will be exempted annually based on the 2017 Countywide Millage Rate. Accompanying each resolution is a restrictive covenant, which requires the qualifying improvements be maintained during the period that each tax exemption is granted. Districts 2 & 7 (RPB)

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MAY 16, 2017

 

 

 6.        BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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MAY 16, 2017

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


MAY 16, 2017

 

 

8.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK, MAYOR

 

 

 

 

 

 

 

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."